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tv   BOS Rules Committee  SFGTV  November 29, 2021 10:00am-11:00am PST

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. >> chairman: good morning. this is the rules committee. i am the chair of the committee aaron peskin joined by supervisor rafael mandelman and
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supervisor connie chan and our clerk is mr. victor young. do you have any announcements, mr. clerk? >> clerk: the board recognizes that public access to city is service is essential in public participation in the following ways. public comment will be available on each item of the agenda on channel 26, 99 and sfgov is streaming the public call-in number across the screen. comments or opportunities to speak during public comment period via phone by calling (415) 655-0001. the meeting id is 24884868382 and then press pound and pound again. when connected, you will hear the meeting discussions and be muted and in listening mode only. when your item of intere star e added to the speaker line. eak clearly and slowly and
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turn down your television or radio. alternatively, you may submit public comment in the following ways, e-mail to the rules committee clerk at victor.young@sfgov.org. if you submit public comment via e-mail, it will be forwarded to the supervisors and be included in part of the file. or you can also submit your public comment by mail. that completes my initial comments. >> chairman: thank you, mr. young. can you please read the first and only item on today's agenda. >> clerk: yes. item number one is to expand interested parties to compluns city officer employees, registered contract employees and to prohibit elected officials, department heads,
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commissioners, and designated employees from behested payments from interested parties. >> chairman: thank you, mr. young. colleagues, i know this item is familiar to you it is sponsored by supervisor haney and cosponsored by mysel in the wake of the most an reason of which was in the middle of october and it is i have a number of which that has made this morning circulated to you and we'll also speak to a couple of additional amendments that have yet to be prepared because of the thanksgiving
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holiday as to the amendments let me just speak to them publicly and you are in receipt of the first of these page three, i'd like to codify the exemption to quote attempt to influence for written and oral public comment. so that would mean that if a member of the public shows up to advocate for or against one way or another as to a piece of legislation, that would not make them an interested party for purposes of this behested payment legislation. as policy matter, we encourage
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members of the public to weigh in, so this exemption is designed to advance that principle. it actually is currently the interpretation by ethics, but this makes it abundantly clear. next, page three, line 17 through 18. i'd like to exempt federal government or agencies from this party. it's not our intent to make it more difficult for city officials to request relief funds from state and federal agencies and that would make this clear. finally, on page six, i'd like to define indirect solicitation which is not defined to mean when a city officer or employee directly or otherwise urges another person to solicit a
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behested payments. so it would clearly define that, which would basically mean if i'm a commissioner and there are a number of contracts coming before my commission that if i tell an underling or a friend to go solicit from those identifiable persons, those eight contracts or whatever. throughout our goal to provide specificity and clarity and to people who have concrete interest in legislative or contractual administrator administrators before this. to that end, i'm also going to have prepared additional amendments as i said that are not yet ready today that would exempt uncommon board members from the definition of parties. this is based on some comments that supervisor melgar made to
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me from the definition of interested parties. and also to make it clear that contracts that are not approved by the board of supervisors or the mayor would not fall into the behested payments. that would be prohibited by a member of the board of supervisors or mayor which was always our intent, but we'll clarify that. with that, colleagues, i'm happy to hear your comments and open this up for public comment before adopting the amendments and continuing the item for one additional week. seeing no comments. let me hit the chat box, god only knows what's in that thing. supervisor chan. >> supervisor chan: thank you, chair peskin. i know you are in the process of preparing the language, so i
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do look forward of seeing the language itself. but also to provide an exemption for accept and expend legislation. i guess i'm trying to understand better. does that mean that for an interested party, that donates through the city through accept and expend process. >> chairman: so the notion there is if a -- the action before the board, that the board takes is the approval of accept and expend. so in taking that action by accepting a donation from a third party, that would not prohibit a member of the board of supervisors from soliciting
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behested payments from a party that had made a distribution to the city that the board had to vote on to accept. does that make any sense? because the board has had to take action. so i'm differentiating that in the board, approving a contract. so if we approve a contract with the xyz corporation, it would be prohibited that a member of the board of supervisors go to the xyz corporation to solicit a behested payment. but if the board approved and accept and expend from a third party, that in and of itself would not prohibit a member of the board of supervisors from from that party through accept
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and expend to be identified through a permit or contract. >> chairman: correct. >> supervisor chan: to explain further is the public appeals exemption in the legislation for public appeal and that and along with it, it sort of striked out that, you know, for the nonprofits that we see donations at the supervisors are elected, right now, it requires them to require. but now that it will not require them to report because that assumption is with the public appeal exemption. we don't know if people are
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really donated at the behest of the supervisors, therefore they no longer need to report. is that question clear. >> i don't exactly understand the question. >> supervisor chan: to the question is nonprofits will have to report at the behest of the elected. because of now the way it is, we literally spend the behest request for the interested party. so there's no reporting there because you're not even supposed to be doing it. there's no exemption for a public appeal.
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with that exemption for public appeal. for example if i show up to a mass e-mail or mass appeal, like public appeal, say donate to a nonprofit and whatever that nonprofit receives really because of the to the public in general. is that correct? >> so it sounds like you're asking about the legal significance of striking the language having to do with public appeal. is that correct. >> supervisor chan: yes. so they no longer have to report it because the supervisor is asking on a
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social media posting. >> my recollection is that other things that are being to do with public appeals that will answer your question. i don't know if supervisor peskin recalls the origin of striking that language. >> chairman: i would have to look -- i'm looking right now. the general thinking was public appeals are generally low dollar amount and when you send out something on social media. please contribute -- it's giving tuesday. they tend to be very small dollar thresholds and they wouldn't even rise to the level
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of what's a behested payment. i think that was the thinking that i can go back and look at section 035. >> i'm happy to do the same, supervisor chan, and get back to you this week since this item may be continued. >> thank you. i think that may be the reason that just so we're clear for some of especially for nonprofits and perhaps also for my own clarification in the previous process of being on an honorary committee for nonprofit or event or things like that. i'm only asking for my own personal just making sure that i do understand about the reporting requirements. that's all. i'm not trying to change the language itself. >> chairman: yeah. and that's precisely why we're trying to nail down clarity in each and every one of these things and that's why it's taken so long and by the way, i
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do need to say i've traded calls with supervisor haney but not spoken to him including this morning, we traded calls, but at some point we'll catch up. >> supervisor chan: thank you. and my assumption is according to page 9, line 22, that public appeals are already not required to be reported. i know that we're trying to be super thoughtful about all the language and so my assumption is that this process can continue and that's all. thank you so much. >> chairman: and i will get back to you with answers to those very good questions. >> supervisor chan: thank you, chair peskin. that's all i have. >> chairman: okay. i do not see supervisor mandelman's name on the screen, why don't we open this up to public comment, mr. clerk. >> clerk: yes. members of the public who wish to provide public comment on
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this item should call (415) 655-0001. the meeting i.d. is 24884868382 then press pound and pound again. if you haven't done so, please press star three to line up to speak. please wait until the system indicates you have been unmuted and you may begin your comments. we currently have three listeners and three people in line to speak. can we have the first caller, please. >> caller: good morning supervisors. this is debbie lurman from the san francisco human services network. i spoke previously about our concerns had some unforeseen consequences. we thank you for the amendments that address some of our
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concerns. we also appreciate supervisor peskin's attempt to uncompensated board members who have no economic interest in the contract and are likely to be motivated by corruptive influence. the city's database of nonprofit board members currently has over 600 nonprofits with contracts and the database with affiliates and subcontractors and board members contains over 33,000 entries. so this would be an implementation nightmare to include those folks. we do still have one concern with the legislation which is that it has an extremely broad definition of interested party which includes grass roots advocates and nonprofit volunteer board members. what happened is it includes anybody who attempts to
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influence legislative action. so the public official may not even know that somebody is attempting to influence, for example, if they attend a rally or send a tweet to their followers or sign a petition. so by expanding this so broadly, we get lots of people who make no sense in the context of behested payments and it will again be impossible to track. so we hope we can continue some conversations about expanding the exceptions to include advocates who have no financial or personal connection to a matter when they do things like sign the petition. thank you for considering that and thank you again for these current set of amendments. >> chairman: thank you. next speaker, please. >> caller: linda chapman. again, i want to urge the board
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of supervisors, have the city attorney or the controller or both consult the federal guidelines and then consider following that model. when i worked for the army, they said it was the largest corporation in the world and other corporations followed the example. even more so, the federal government, we didn't have these kinds of problems. you know, it's very shocking because the city charter of is san francisco was designed in order to avoid corruption as you know and yet all of these practices have crept in. they couldn't happen in the federal government because there were rules. you didn't have to get into all of these things like can i do this or that or whatever. you couldn't. you know, if you were a federal civil servant, manager, not manager, decider, not decider, you did not use your position. you did not solicit money in the office for your favorite charity. you are not prevented from soliciting money for your favorite charity outside of
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work. you didn't use your position to do it. it should be the same here. there was a way in which the federal government supported numerous charities. they had something like let's call it the community chest, it wasn't called that and a number of local charities were considered for giving tuesday, if you want to call it that or for the campaign, the federal campaign to raise money for charities and you can either donate to all of them on the list or you can donate select ones. you know, i would assume also that if it was something like let's say supervisor haney's and peskin wanted to say the tndc is having its pool tossed, things like that can be allowed. as i've said before, planning commissioners asking developers to give to nonprofits before they would make their decision
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and then they would make their decision on that. >> clerk: time has elapsed. >> chairman: thank you, ms. chapman. next speaker, please. >> caller: can you hear me now? >> chairman: please proceed. >> caller: good morning. david pilpel. several comments on this. i think it's important to make this workable. i think ethics is absolutely critical here with regulations, forms, and examples. whether you write it into the legislation or not, you may want to think about notice to various actors such as a notice to members of a nonprofit board if there's -- if they're prohibited from conduct for six months or whatever so that they are on notice that their certain conduct is prohibited,
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perhaps requiring training for those actors. certainly, you could require training or enhanced training for city department heads, members of boards and commission, city employees, on specific suggestions on page one, line 16, i believe 'and' should come back in before the deleting portion. let's see what else. on page 3, line 15, i think that should be indented on the reference to interested party. on page 6, line 7, you just had a brief discussion about public appeal. i'm not sure if public appeal is defined in here. you may want to add that on page 4 starting online 19. when i think of the term public appeal, i think of ceqa appeals and c.u. appeals to the board of supervisors.
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it's not intuitive to me that public appeal is an appeal to the public by the member of supervisors. do these amendments also apply to the san francisco community college district. >> clerk: your time has elapsed. >> caller: thanks. >> chairman: are there any other members of the public for this item number one. >> clerk: i believe that was our last public commenter. >> chairman: okay. public comment is closed and i would like to formally move the aforementioned amendments and continue this item as amended one week on that two-part motion, a roll call, please. >> clerk: yes, on the motion to amend the ordinance and continue the matter to december the 6th, [roll call]
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the motion passes without objection. >> chairman: we are adjourned.
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>> we broke ground in december of last year. we broke ground the day after sandy hook connecticut and had a moment of silence here. it's really great to see the silence that we experienced then and we've experienced over the years in this playground is now filled with these voices. >> 321, okay. [ applause ] >> the park was kind of bleak. it was scary and over grown. we started to help maclaren park when we found there wasn't any money in the bond for this park maclaren. we
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spent time for funding. it was expensive to raise money for this and there were a lot of delays. a lot of it was just the mural, the sprinklers and we didn't have any grass. it was that bad. we worked on sprinkler heads and grass and we fixed everything. we worked hard collecting everything. we had about 400 group members. every a little bit helped and now the park is busy all week. there is people with kids using the park and using strollers and now it's safer by utilizing it. >> maclaren park being the largest second park one of the best kept secrets. what's exciting about this activation in particular is that it's the first of many. it's also
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representation of our city coming together but not only on the bureaucratic side of things. but also our neighbors, neighbors helped this happen. we are thrilled that today we are seeing the fruition of all that work in this city's open space. >> when we got involved with this park there was a broken swing set and half of -- for me, one thing i really like to point out to other groups is that when you are competing for funding in a hole on the ground, you need to articulate what you need for your park. i always point as this sight as a model for other communities. >> i hope we continue to work on the other empty pits that are here. there are still a lot of areas that need help
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at maclaren park. we hope grants and money will be available to continue to improve this park to make it shine. it's a really hidden jewel. a lot of people don't know it's here. >> hello. how are you. >> very well. >> your helpers are here. >> you are looking wonderful. >> my goodness. you know what is so funny? we are anxious to get started with christmas. we haven't had thanksgiving. that is okay. in san francisco, we are celebrating this holiday cheer. we are going to enjoy the season because last year during this pandemic it was so hard for us to come together. santa, are you going to deliver
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those toys this year? >> a lot of toys. we will brick through at the port of oakland and get all of the toys. >> mayor breed: thank you, santa. santa is going to do what he needs to do to get toys to the kids all over the city. hi, everybody. i am mayor london breed. it is good to be here on chestnut street in the heart of the marina. i was here this weekend, and the area was buzzing. people were everywhere, shopping, dining, hanging out. it is good to see you all here today. i hope that is not covid. [laughter]. i got my mask, don't worry. anyway, it is great to be here at one of my favorite praises to
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shop. ei candle. i buy all of my candles here. i am glad to have the owner, eric, with us today. if you want any kind of candle that smells like anything, including christmas, this is the place to come. i have been shopping here for a long time. there are unique businesses like ei all over san francisco. in fact, they are gifts, candles, things unique to san francisco. part of the launch of today's campaign has everything to do with reminding you how special san francisco is. how unique san francisco is. how when you shop at a place like this, you find something that you may not find at any other store anywhere. today as we kickoff shop and dine in the 49, we are asking san franciscans and those who visit our city to shop locally.
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shop on hate and chestnut and union street and hayes valley and the inner sun sept where you see these incredible stores. because not only do we help to ensure trees storefronts remain open and available in these thriving neighborhoods we make sure we support our economy. with just a small increase in shopping locally, that can increase our support and revenues to the city by millions of dollars pouring into our economy to help businesses, to help employees and to help continue to make sure we are making the kinds of investments that we know will continue to support san francisco. it is great to be here with so many people to shop and dine in the 49. since i knew i was coming today i know which candles i need
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today. one of my friends have a baby. they have baby clothes, pet toys and other really cute unique gifts. lastly, let me say this because i know that it has been challenging not just with the pandemic but what we have seen with a number of the things we see on the news around the burglaries and robberies and other things that happen in san francisco. i want to be clear. we are not going to let what others try to do to our city define who we are as a city. we are better than this. the reason why you see now especially during the holiday season a significant increase in police and ambassadors and other things because we are going to make sure we do everything we can to keep our city safe. the people, employees, merchants
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and residents alike. i want to thank the san francisco police department for being here with us today. i saw them late hours on chestnut street on saturday night. they were working. they weren't out hanging out afternoon drinking. they were working. we are grateful for their service and grateful for everything that they have done to serve and protect the city. with that i want to take the opportunity to just again thank all of you for being here. happy thanksgiving. with that please help me welcome our executive director of the san francisco chamber of commerce, rodney fong. >> don't go too far. a little bird told me one of your favorite candles is in here. it is a tough year for you. i want to thank you for all of the work you have done. i believe it is one of your favorite candles.
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petite louise. >> mayor breed: thank you. >> on chestnut street. the chamber has been around for 171 years. 53% of the members are small businesses, familiar many on the street. they have been here for a long time. the fireside camera. patronize them and shop locally as we celebrate shop and dine in the 49. i will mention san francisco is unique from retail perspective. it is difficult but there are fine things that are handmade in san francisco. they are manufactured locally. enjoy shop and dine in the 49. i am going to pass it to someone who is important for commerce. mcgill from master card.
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[applause] >> thank you very much. i will be brief. this is a fantastic occasion to be back. not just with you but to help small business come back here in san francisco. we all know in our communities that we live in that small businesses are a key component of that community. not only for the commerce and economy, but frankly for the community and society that surrounds them. at master card we see that in every community we serve and are engaged in how important the small business community is. we have been investing heavily in helping the small business through the pandemic to compete in the new reality. as we focus on recovery helping them come back stronger and better than before. partnerships like this with mayor breed and the shop and dine in the 49 has been around since when i lived here. it was an opportunity to come back and invest in san francisco
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to help the small business community thrive and grow and demonstrate leadership around the world. thank you, rodney. thank you for hosting us. it is a pleasure to be here. we look forward to continuing our engagement partnership here in san francisco. [applause] >> thank you very much for coming today. don't forget to shop local with us this season. thank you so much. [applause] >> mayor breed: thank you, eric. eric owns ei home. thank mcgill and master card for providing resources to advertise shop and dine in the 49 to remind people to shop locally. usually on black friday the day
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after christmas most of the time -- hello -- i am first one at the door at 5:00 or 6:00 in the morning. i decided i am not going to do that because i am going to make sure i am able to get up on friday and go out in the neighborhoods and become a new plant mom since this pandemic. i will be shopping for plants at various locations and shopping for gifts and toys. toys are hard to find. i am hopeful to get some toys and other great things all over san francisco. i want to thank each and every one of you for being here. i think santa's elfs are passing out bags. fill those with local gifts on chestnut street. thank you for coming here today. [applause]
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>> shopping in san francisco with what is happening, what are you telling people to make sure they turn-out and shop? >> mayor breed: one announcement through the end of the city all city-owned parking garages will be two hours free parking. that is almost unheard of in san francisco. i think how we get the word out is what is happening and what happened this past weekends is people have noticed increased presence of police officers. they have noticed ambassadors, changes. we are hoping that not only will the media help us get the word out but our advertisement through shop and dine social media and word of mouth. i have been getting a lot of great responses from people
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about experiences in shopping downtown this past week end. i was down there myself to see how people feel. i know that people feel a certain kind of way because there is a number of stores boarded up. they are still showing up and shopping. we have police officers in those garages as well. we have an escort program, a number of ambassadors. we are keeping the streets clean. we are going to work at this every single day. we are hopeful people will come back. i think this past weekends when you saw all of the folks out aye skating, shopping, going to restaurants. the city was jumping. people were going to plays at golden gate theater. there was a performance at the war field. san francisco was jam-packed on saturday and sunday. we hope those experiences will lead to others knowing that we
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are going to do everything we can to keep the city safe and open for business. we hope to turn the image around. >> how are you going to hold people accountable to show that this is not going to happen again in san francisco? >> mayor breed: part of what we are doing to hold people accountable is within my ability to do so. number one, make sure we have officers on the streets and on the ground. once the arrests are made, we are hopeful that our da will prosecute. it is my understanding today he already made an announcement or will be making announcement about felony charges on the eight people that we were able to arrest during what happened this past friday. i think there is a lot of tough talk. talk doesn't mean anything
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unless we can demonstrate we followed through on what we say we are going to do and people are held accountable for the crimes they commit in our city. >> concerns about covid in the holidays? >> mayor breed: that is why we ask people to get vaccinated and get your flu shot. i got the booster shot and flu shot on the same day. so far i am okay. that was about two weeks ago. >> the surveillance cameras. >> part of what we need to do there are privacy laws and we don't want to violate anybody's rights. at the end of the day we have to be strategic how we provide
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safety. being able to access cameras to deal with the most violent of crimes in our city is important. we dealt with this issue many, many years ago in public housing sites where the number of homicides that occurred weren't being solved. people would witness this but concerned about their own safety. having cameras were significant in helping solve these crimes and prosecute people. definitely it is a conversation that needs to be had and a change we need to make. we will work with our chief on trying to make some changes to that. [ inaudible ] >> mayor breed: i think a couple of things we have been doing and resources allocated.
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we have had small businesses that had windows broken not necessarily for theft but random acts. we have a broken windows fund we provided for small businesses and provided resources in the budget. through our department of office of economic and work force development. working with merchants to install more cameras. we can't put a camera on somebody's property. we try to work with the businesses. we have provided funding for hundreds of cameras all over the city. the latest one we did was sf safe in chinatown, in particular. the outreach we are doing with the office of eewd and talking to and working with small businesses we are try to help when they do experience those particular problems with either grants or no interest loans. we have had to do a lot of that
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with discussions with business associations. they have been hard-hit and we provided support in some instances, not every single instance. [ inaudible ] >> we have not finalized the plans to close any streets to through traffic. right now what is happens is the main points of entry in the evening time to union square have been cut off. we are cutting off from what time, chief? 7:00 p.m. to 6:00 a.m. we are looking at permanent street closures. the goal is, of course, to make it difficult for cars to commit the acts that they have where they have basically rushed the stores, taken a lot of items and
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jumped in vehicles and taken off. we are looking at ways to make downtown shopping more safe for pedestrians. this is not just about stolen goods. this is in the process of getting away how someone can get hurt. having the ability to shop without concern about a vehicle hitting you is really important. we are currently working with m.t.a. to have those discussions. thank you all. after you have finished wrapping up your cameras. go eat at one of the restaurants on chest nut street. what a beautiful san francisco. thank you for being here. street.
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>> (speaking foreign language.) >> i wanted to wish you a best wishes and congratulations the community has shifted a lot of when i was growing up in the 60s and 50's a good portion of chicano-american chinese-american lived in north beach a nob hill community. >> as part the immigrant family is some of the recreation centers are making people have the ability to get together and meet 0 other people if communities in the 60s a 70s and 80s and 90s saw a move to the richmond the
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sunset district and more recently out to the excelsior the avenue community as well as the ensuring u bayview so chinese family living all over the city and when he grape it was in this area. >> we're united. >> and growing up in the area that was a big part of the my leave you know playing basketball and mycy took band lessons and grew up.
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>> (speaking foreign language.) >> allergies welcome to the community fair it kicks off three weeks of celebrations for the year and let's keep everybody safe and celebrate the biggest parade outside of china on february 11th go best wishes and congratulations and 3, 2, 1 happy enough is enough. >> i grew up volley ball education and in media professional contrary as an educator he work with all skids whether or not caucasian hispanic and i african-american cumber a lot of arrest binge kids my philosophy to work with all kids but being here and griping in the chinese
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community being a chinese-american is important going to american school during the day but went to chinese school that is community is important working with all the kids and having them exposed to all culture it is important to me. >> it is a mask evening. >> i'd like to thank you a you all to celebrate an installation of the days here in the asian art museum. >> one time has become so many things in the past two centuries because of the different did i licks the immigration officer didn't understand it became no standard chinese marine or cantonese sproupgs it became so many different sounds
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this is convenient for the immigration officer this okay your family name so this tells the generations of immigrants where they come from and also many stories behind it too. >> and what a better way to celebrate the enough is enough nuru with the light nothing is more important at an the hope the energy we. >> (speaking foreign language.) >> relative to the current administration it is, it is touching very worrisome for our immigrant frames you know and some of the stability in the
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country and i know how this new president is doing you know immigration as well as immigrants (fireworks) later than you think new year the largest holiday no asia and china those of us when my grandparents came over in the 19 hundreds and celebrated in the united states chinese nuru is traditional with a lot of meaning. >> good afternoon my name is carmen chu assessor-recorder i want to wish everything a happy new year thank you for joining us i want to say.
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>> (speaking foreign language.) >> (speaking foreign language.) >> i'm proud to be a native san franciscan i grew up in the chinatown, north beach community port commission important to come back and work with those that live in the community that i grew up in and that that very, very important to give back to continue to work with the community and hope e help those who may not be as capable in under serving come back anit. >> shop & dine in the 49
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promotes local businesses and challenges resident to do their shop & dine in the 49 within the 49 square miles of san francisco by supporting local services in the neighborhood we help san francisco remain unique successful and vibrant so we're will you shop & dine in the 49 chinatown has to be one the best unique shopping areas in san francisco that is color fulfill and safe each vegetation and seafood and find everything in chinatown the walk shop in chinatown welcome to jason dessert i'm the fifth generation of candy in san francisco still that serves 2000 district in the chinatown in the past it was the tradition and my family was the royal chef in the
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pot pals that's why we learned this stuff and moved from here to have dragon candy i want people to know that is art we will explain a walk and they can't walk in and out it is different techniques from stir frying to smoking to steaming and they do show of. >> beer a royalty for the age berry up to now not people know that especially the toughest they think this is - i really appreciate they love this art. >> from the cantonese to the hypomania and we have hot pots we have all of the cuisines of china in our chinatown you don't have to go far. >> small business is important
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to our neighborhood because if we really make a lot of people lives better more people get a job here not just a big firm. >> you don't have to go anywhere else we have pocketed of great neighborhoods haul have all have their own uniqueness. >> san francisco has to all >> this is the last noting of the month of november. if you would all stand for the pledge of allegiance. i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation uer

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