resolution the bal lt measure yfs told the was illegal to do this measure [inaudible] state alection code that allows request for the department to do analysis once a ballot measure is qualified. in addition there is very strong prez dns for this request [inaudible] after that ballot measure when it was qualified

fl the ballot supervisor tom [inaudible] requested analysis of the analysis [inaudible] and from intransportation authority nob nub[inaudible] nob called for the board to perform a audit of the proposal to mesh frr the ballot and said i want to make absolutely sure there are not any costs if the are casts to the people i want to go for [inaudible] on the bejt

analyst report on the stadium and transportation authority report 3 weeks before the election. it gives the giants a heads up in terms of their

responsibilities. this all happened within a few months of that election. supervisor [inaudible] and shay did the very prudent and responsible thing by asking the city department to conduct analysis so there is full information and it was absolutely appropriate for them to make that request. more information is better and that is what we are doing here. there is a ballot measure going to the voters in june that is much more extensive than the aprovel or rejection of a single ball park. it is a significant change to how we view land use on [inaudible] property. one can absolutely support or not support that measure. there are different views and i think that i respect all views and this is not about and should

not be about if people support or dopet support the ballot measure. you can support the measure and still support people getting information. supervisor [inaudible] was not required and did want rely on the ballot process in 1996 and we don't need to rely on that today. colleagues i know under the board rules for the resolution today it would have to beue name mississippi and there after it would have to be with 8 votes and from what i understand it is notue nam mississippi today and don't know if it will get to 8 votes. i request this item be sent to committee and request it be sent and assigned to the land use and economic and development committee

>> sproovisor wiener requests this go tooz committee. [inaudible] it will go to committee. >> thank you. and thank you supervisor wiener. i think that your comment [inaudible] for more information are well taken and i think that my view is a little different than what has been put out there. i think that the more information we have the better, but i think in making sure that accurate information is provided to the public we need to make sure different perspectives are taken into account and the realty is there will be some people on this board that may on one side thrf issues and others on the orelt side. i think we need to have a conver saigz to figure what those questions should be because any

good lawyer knows how you frame the question impacts the question you get. one concern i have with respect to the request presented is that the jenitous of it came from one side of the this political fight and while i respect the right of individuals to present their view, if want to make sure if you are asking for additional information every side has a chance to do that. i respect it is being sent to committee >> this hads been sent to committee supervisor wiener >> just to be clear and i mengdsed this before and will again, if there are additional areas ofiary it is appropriate

and as with any piece of legislation or resolution you work it up and introduce it and feepal have ideas or suggestion squz if the are additional areas for inquiry it is appropriate. i ishas been pend ing for 2 weeks and we have time beyond the fwo 2 weeks to make suggestions and i welcome thatd feed back because more information the better >> nob nab this will be sent to committee and spl supervisor kim >> [inaudible] happy to have this discussion. i'm open to hearing discussion

>> thank you mr. president and following up with what phrvisor kim noted. my understanding is this item deals with a ballot measure and under the rules of the board of supervisor specifically rule 5.3, the rules committee shall be referred measure concerning appointments and ballot measures so i think under or rules it should be heard by the rules committee >> supervisor wiener >> thank you mr. president. according to had rules the land use and economic development [inaudible] land use zoning and planning and rent control and transportation and so forth. this is how we do zoning and impacts on housing and

developmental so i think land use and economic committee is the appropriate one. i have a question for the sate attorney. in terms of rules and land use and economic development is there one committee it is sent to? >> [inaudible] may determine which committee to send it to. on rereferrals like this, the board could have a motion and determine which committee it should be sent to. the board rules on there don't require that it goes to one of those committies. it is a decision in the hand of the board members.

>> thank you [inaudible] i guess for me, it is not so much about come committee it is sent to, but whether it goes calendared in committee and comes out of committee to the full board because dependent on which committee it goes to, there could be a situation particularly since this is time sensitive-there can be issues around the timing of the calendar of the item and it could end up not being put out to committee and there is a process that has to be gone to when something isn't scheduled in a timely manner. if we have an assurance, i can [inaudible] would be scheduled afraumptly for a hearing. [inaudible] if

it is assigned to that [inaudible] i want to get a better sense fortuate the share chair [inaudible] again, which committee it goes to doesn't matter as long as it gets calendared and come out of committee and got get boggleed up >> if i could at this time, supervisor year you are on the rules committee and i think there are strong arguments as to which committee it goes to. if you think the question uzround the timing and whether

this is a item you can get in and out of the xhitety in a timely manner is rel ven here. i would like to ask if you have a perspective on that >> sure, there are 2 meetings in march and know we can't schedule for the first week of march. i was trying to look into what is the back log of items to be scheduled for the second meeting. i need to have a discussion with my staff and if i can have more time for a discussion i can give a clear answer. my commitment is if there are not a birch of things that are already being considered for schedule, i will put it in for the second

meeting in march, but i can't give you that one hundred percent commitment because i don't know what all the items are >> thatd is march 20? >> is there any way you can get a answer to that question immediately or at this time we don't know because we have to make a decision now? >> i just text my spouse and she didn't give my a answer [inaudible] it indicates there are some things backed up [inaudible] >> last item on the agenda. why don't we continue the conversation >> [inaudible] i don't see with why if we go to 2

committies and this is your resolution why don't we put it at the beginning and there are fime issues vauchbed here. not talking about the underlying ballot mesh recollect. i don't see why we wouldn't do that as soon as possible >> supervisor wiener >> i want to thank supervisor ye in being straight forward and i understand from had committee chair there is a back log. at this point what i hear from supervisor ye is a straight forward conversation that he can't commit to schedule in march so that is a issue. if we send to had rules committee it is doing so with the knowledge that we don't know when this is going get

scheduled and keep in mind, once it is scheduled and heard in xhitety it goes to the full board and once it goes to the full board [inaudible] the department works after the resolution if it is adopted-we are looking at a lengthy [inaudible] when the purpose is to try to get prompt and complete information to the public. i want to thank [inaudible] for noting that typically i know it isn't always the case there is deference to the author of resolution in turchls of what committee it goes to and i don't like to speculate about motives, but yp would hope that this wasn't going to be sent to

the the rules committee in order for it to [inaudible] >> supervisor bree >> i wanted clarification from city attorney about whether it matters what committee it goes to. i know you said you just said something about that, brut i don't know if knr understood it >> the interpretation of the boards rules are generally in the boards power. >> that doesn't matter what committee it goes to? >> in this circumstance it matters for timing, but in terms of whether it comes out of committee and adopted it does want matter. either way it goes to a committee and comes out of the board for adoption

>> so it doesn't matter if it goes to land use and to the board or any other committee and comes to the board? there isn't a requirement it goes to a specific committee >> the board rules that general jurisdiction of each committee as supervisor [inaudible] pointed out, this particular piece of legislation could fitwritten the jurisdiction ofeter of those committee so you can go either way and it is the choice of the board >> just my comments are, i want to know as soon as possible what the impacts are. i support trying to get this through one of the its committies quickly so we have the information. i would like to see it-it sounds like land

use is the most timely and i would like to see it gethrough land use >> i do think we are talking about a ballot maeser and will send to land use because it dealwise land use issues and there would be deference to the author of the item. i'm noting that my experience with the subject matter oof the item if it deals with a ballot measure it is heard by rules. that is what we do, we here about related iletms even if the subject matter concerns something within the jurisdiction in another committee. if you want to approach it differently, that is fine, but i agree with what supervisor kim said earlier.

[inaudible] people feel it should go to land use, that is the prerogative of the board and president, i'm just noting the practice of the board and consistency of the practice >> [inaudible] i think the argument is it can go toiter committee and the issue we are concerned btd is thim toompt we heard from supervisor ye and we isn't sure he can commit this can muchb this month which makes a difference. let me ask if you want to make a motion as to what committee you want this to go to? you suggested this ought to go to land use. want to see [inaudible] >> thank you >> seconded by supervisor wiener. supervisor co00 >> would you like me to state the motion? >> i just want to make sure a

motion is made so we can decide the manner. you stated it >> no i did want state it >> i will make a motion this item be heard in land use >> the motion is made second by supervisor mayor. >> no >> supervisor kim >> the motion is made, but i think this [inaudible] it isn't about land use, it is about study of the ballot item but i get scheduling is something we should have talked with the rules committee sairchair about, but i think this is within their jurisdiction. we won't hear the land use iletm or the imication of the measure, we are ininstructing on how to study ballot measures so to me that has nothing to do with land use and will vote against this [inaudible]

supervisor ye, you text [inaudible] to find out if we can get this calendared? >> i texted earlier and the reply was we need to talk about it, meaning there are other things slated. lots of things tend to get continued, so i also don't want to bump everything to the items to be >> is it possible to ask a clar of the committee that you can priorities things that need to be addressed in a timely manner? my next question is to the state attorney, is there

precedence that there is a pattern that it go tooz the rules committee, are there other rules where that has not happened >> there may be a better question for [inaudible] ballot measures that are proposed by the board, by board members and the mayor or ballot measures submitted by supervisors or the mayor always go to rule unless they are ruv new or tax or bond measures which go to budget. thathat is a different sichuation kw i don't know if this type of resolution has been introduced and sent to committee in the past >> i want to clarify my position and where knr am, i don't care where it gets heard. i do want to walk away from the claimber with a understanding it will be heard

in either committee whether it is rules committee. i don't think it is a unwreezable request this item be heard quickly given the time line. mr. president if i can respond. as you all know a single supervisor can send a item to committee on this part of the agenda nob nab the president has the authority to move it to any committee he choose >> what i would say about that is given how this is continshs i figure we can have the discussion as a board. [inaudible] >> i just got more information. there may be quite a few items, but we can

put it in there [inaudible] for the 20tht. you have a motion on the floor. what i'm saying is we can put it on the 20th >> supervisor wiener. >> so i guess to-a couple things. i think it is noted this is a rather unique-in a number of years in terms of having this type of rez lose so if is different than the ballot measure. this is about the analysis of the measure and as the city attorney indicated it is appropriate under the jurisdugz of either committee. what matters to me is that we

get it scheduled and it isn't boggleed in committee, that is my concern. people can vote how they want and we will have a vote and move on one way or the other. a delay whether it is a delay because it takes several weeks to get heard or doesn't get hurbd in rules committee or gets boggleedp, that matters. [inaudible] it will gelt a hearing and we can move forward. i support supervisor co00s motion and thing that is the appropriate way to proceed >> supervisor con >> i want to make sure i heard supervisor ye and to

supervisor wiener, the members of the rules committee are fair people and i understand your concern, but >> my take on this is that i feel like i'm a fair person, but there is no guarantee in this. if you are asking for something to guarantee youp get what you want, i won't guarantee it >> supervisor cohb >> thank you to the chair and supervisor ye. i'm not sure what you meant by those comments. i agree you think you're fair and let supervisor

wiener talk about what he is trying to get. this is a fair process and not look frg any kind of a weighted outwhich. out come nob number >> i don't know that the idea is to complicate this. the point i was trying to make is the point that was just made by the clerk. but for the fact that supervisor wiener is scg for land yeas this is something she preferred to rules and think i want to let you know that is consistent with the practice. if people want to take a different approach, that is fine. i do believe that if it is rules, that it will get a fair hearing on rules and i know the chair and the rest of us will try to be as fair as

possible. >> sprz visor kim. >> i will read again the rules committee [inaudible] we are not hearing the land use elements, this is something already on the ballot so the board of phrvisor isn't debating the merit of the measuring, we are discusing the rules around how we discuss ballot measures we put on. i know it is a motion on the floor and if it doesn't go forward i will rerf it to rules committee. the commitsty chair has the discretion to call the item and a special committee meeting. there are a number of options we have to move this forward in a timely fashion >> supervisor wiener >> first of all, if we are

going read the rules language, the use of land and economic [inaudible] if this measure doesn't relate to land use and housing and zoning and planning, i'm not sure what it so i think the attorney indicateed it fits in either committee. i tried to be very transapparent in the discussion about my goal. i know this will get approved or not by the board of supervisors. there are 11 and if it makes it to the floor there will be a vote and that is the end of it. my goal is to make sure it gets a full vote. my desire to have it go to land use and economic land use knhitty is because i know i will schedule in a timely way and hopeful we can

get it out of committee and to the full board where it passes or not. it is unclear to me why folks are so adimate that it go to the rules committee when it fits into the submat matter jurisdiction of either and why that matters to the folks who advocate it go to the rules committee because i have a concern that this may not come back to the full board. i'm being transparent about my concerns and think that is a important factor to take into account >> i am not sure it is help ful to continue the discussion. maybe we should vote. [inaudible] it is a request of a study so i think anything pertaining