under costa hawkins, this parkmerced contract comes squarely within the provisions of what is permitted. costa hawkins does allow for exceptions when a city contributes, makes city contributions or other forms of assistance. and the document on page two and three list the various forms of assassins that the city is providing that according to supreme court justice reynosa would allow the city and developmenter to allow to agree on an agreement that would be exaptable to costa hawkins. >> i have just received this opinion for the first time and i quickly scanned it but it does reiterate what we have included in the text of the development agreement, about reliance on the exception of costa hawkins for the forms of assassins given to the city under the state bonus statutes. so it appears to be giving an opinion based on their review of the development agreement and the specific things the city is giving to the developer in the development agreement that we sit with the express exception that's in costa hawkins for contracts with public entity that is provide assassins. supervisor chu: tha

apartment association case, which recognized yet a third exception to the cost of hawkins' law. it is found within the ellis act. the state legislature amended the act to allow cost of hawkins to allow either, if a tenant decides it wants to continue to be in the rental business, if they do not demolish the unit, we rent it, and the city can post rent control. if they do demolish the unit on the property and we build new units within five years on the same property, under the ellis act, the city has the right to impose and require the imposition of rent control. we have the ordinance in place in san francisco already. to that ordinance and that case, as to why we believe the rent control provisions should be enforced in this case. i know you have all seen the case. it is worth pointing out some of the express language of the case, which i will read to you quickly right now. this is in the los angeles county vs. some the of los angeles. they cite that you can control rent-controlled on new units. "residential property is subject to rent control is the following conditions are sat

the court upheld this in the hawkins challenge. these parental control units are replaced within five years. third, the various contract provisions and remedies in deeper foes -- proposed agreements. i am happy to talk about those. what we included originally was the remedy of specific performance termination. we now have and express right to terminate if there is reneging developer. if there is a situation after significant construction has begun, then there is the right for the developer to abide by the rent control provisions or pay a liquidated amount. the liquidated amount you heard supervisor elsbernd talk about. that is a citation to a cbre and the rent control is valued at $160 million. that would be the value of the units with and without rent- controlled plus 20%. the developer would be required to pay that money. i am happy to answer any questions further. >> one follow-up to that. the development agreement includes both rent control protections and separate contractual remedies. at the suggestion was made that if it tur

. >> tell me about jeff hawkins? >> she said she thought he was a nice young man and he was a friend and she was confideling ing in him about her relationship with jessie. >> jeffery had a child named zachary? >> yes. >> did you ever see a photograph of zachary? >> i took a picture of zachary and jeffery on casey's cell phone. the picture was of zachary and jeff and she had him listed as boyfriend in her phone. >> who now can ever forget

costa-hawkins -- supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. superivsor mar: aye. supervisor mirkarimi: aye. >> there are 11 ayes. president chiu: please call items 3 through 5, as well as items 25 through 28, related to parkmerced. >> item 3 is a motion approving the final environmental impact report for the project. item four is in motion reversing the certification of the final environmental impact report. item five is a motion directing the preparation of findings. item 25 is the ordinance approving a development agreement between the city and parkmerced investors, making various findings and waiving certain provisions of the a minister to code. item 26, ordinance amending the planning code to establish the parkmerced special use district. item 27 is a zoning map to reflect a special use district. item 28 is an ordinance amending the general plan by amending the urban design element height map with respect to the site. items 29 through -- these items were reviewed by the planning department. president chiu: we had publi

apartment association case, which recognized yet a third exception to the cost of hawkins' law. it is found within the ellis act. the state legislature amended the act to allow cost of hawkins to allow either, if a tenant decides it wants to continue to be in the rental business, if they do not demolish the unit, we rent it, and the city can post rent control. if they do demolish the unit on the property and we build new

feeling to know this kid had a good outcome. >> pelley: mark strassmann knted us to know that the hawkinsly is living with relatives but moving into an apartment of their own later in the week. that's "the cbs evening news" for tonight. i'm scott pelley. for all of us at cbs news, all around the world, good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org >>> your realtime captioner is linda marie macdonald. >>> a surge in gang-related killings happens at a time of police budget cuts. what is san jose to do? just ahead we'll tell you what they're doing tonight. >>> lots of rain and water conservation. so why are water rates throughout the bay area going up? i'll have that story. >>> i'm mike sugerman on treasure island. this piece of landfill will soon be filled up with a $1.5 billion housing project. >>> good evening, i'm allen martin. >> i'm dana king. >> it is a tricky and critical question facing san jose. how to cap the troubling trend of more murders in the city with fewer police officers. at this hour the problem

live in downtown l.a., kirk hawkins, cbs 5. >> kirk hawkins live in l.a., thanks. >>> it is 6:13. no need to raise your hand. the new proposal that would allow bay area students to just walk out of class. >> and the new jobs report just released within the past hour. a look at the new unemployment rate and what's happened for the first time in 8 months. >>> folks, if you are heading out of sfo today you will see showers moving on and temperatures 62 degrees, still trending below average but if you are heading to houston you have a warm sunny day on tap, temperatures reaching 94 degrees. atlanta not faring that much cooler. very warm temperatures with those chances are thunderstorms. i have my pinpoint weather coming up for you next. ♪ [ woman ] sam begged and pleaded... so i sent him to camp. we'd earned lots of points with our new citi thankyou card... and i put them to good use. he told me about his bunkmates, and how he signs up for every activity. ♪ he even hangs out with the camp director. just like that. [ male announcer ] the new citi thankyou premier card gives you more wa

>> a mutual friend jeffery michael hawkins. i met him at nickelodeon universal i met her through him. she was his son's nanny at the time. >> you told them all of these stories were just one great fiction fiction, did you not? >> yeah, that's correct. >> it's not you. >> that is not me. >> she told me that she had not seen caylee in 31 days. that she had been kidnapped and that the nanny took her. >> what was the name that you received? >> zonita, fernandez gonzalez. >> prior to july 15th had you ever heard that name before? >> never. >> live and at large i am geraldo rivera. as the prosecution marks the halfway point welcome to this special report. we are testing the state's evidence as they seek to send the troubled 25-year-old mom to the death chamber. we are in florida only two women have gone before. one of them is cereal killer. along with the best legal panel in television tonight we will be hearing from former detective mark fuhrman. i will ask the crack investigator whether he really discovered evidence helpful to the

it stars phillip seymour hawkins, amy adams and joaquin phoenix. the studio says it's about a world war ii drifter. film industry websites say it's loosely based on l. ron hubbard, the founder of the church of scientology. he started scientology after serving in world war ii. many high profile hollywood actors object because it reveals too much about the religion. >>> good morning, everyone. a new company is taking over the ambulance service in the south bay. not everyone is happy about it. leon panetta is about to be confirmed as the next defense secretary. what he'll face once he gets on the job. >>> if you are a green lantern fan, the movie comes out next week. we have something cool for you, even if you are not a fan. coming up. >> thanks, laura. mike has a look at the roads. >> we are looking for the green cars. it's a smooth drive past southbound 680. there's a disabled truck there. the report hasn't changed over the last half hour. watch the slow lane. i haven't seen slowing, updates or problems. there you go. it would be an issue. 680 furth

. >> reporter: despite losing their home to flood waters, josh hawkins and his wife consider themselves fortunate to have somewhere to stay. >> we figure we'll be here until at least september. october maybe? >> reporter: angela is two weeks from delivering her second child. >> our family is safe. the baby will have a place to go when he or she is born. ♪ >> reporter: their pastor is also displaced after his home went under water. >> going through this has been worth it. because of it's drawing us closer together. and it's reminding us of what's truly valuable. >> reporter: today, the souris river was still flowing fiercely, at six feet above major flood stage. people that evacuated can't get close enough to see how bad the damage is. it could be weeks before the river drops to a level that allows them access. over at minot's municipal auditorium. the red cross shelters some 11,000 evacuees. >> here we are until we find a place to stay for a while. and then decide what we're going to do. >> reporter: after those temporary levees protecting the city, we witness first happened as the army

let's go to kirk hawkins live in los angeles to talk about what's likely to happen today. kirk, good morning. >> reporter: sydnie and frank, good morning to you. right now, that suspect is being held on that parole violation. that's very important because essentially what it has done is stopped the clock until charges can be filed. giovanni ramirez is scheduled to appear in court this morning at a parole hearing. as part of the hearing, the prosecution has to present very little evidence to convince the judge to hold ramirez for a full parole violation hearing. lapd detectives interviewed giovanni ramirez's 10-year-old daughter and her mother as they gave statements at an lapd station yesterday. ramirez's attorney says his client was with his 10-year-old daughter the night bryan stow was beaten at dodger stadium. the lapd maintains ramirez is still their suspect. chief charlie beck says they have more evidence than just eyewitnesses. he confirmed ramirez took a lie detector test but wouldn't discuss the results. chief beck says charges will be filed in the near future. >>

bonding was one of four congressional medal of honor winners which also included first lieutenant hawkins william more than one and the only survivor of the colonel the. bunnymen and many of the brave men were on the you know his mind when he paid his respects at the marine monument which has been placed in a parking lot away from the litter on the beaches as a fitting tribute to the many missing in action and still lost on this tiny stretch of coral leon pays his respects to a special marine solmes lies here he came to the coast watchers memorial a beautiful war also those guys who gave their lives. in defense of their country and ours too by the way and the brits the australians of those who were there is. no more allies here but soames is not he lies here or somewhere we're i'm standing and then i don't margrave i like our government on recognized forgotten. and of no value. god rest him. and i feel very sad about him and his want to have us. in the intense difficulty of world war two many people seventy nine thousand of them basically were lost in space this is an example of different

the first is the exception in the cost of hawkins ordinance for the forms of assistance provided under the density bonus statute. you heard my statement about how we've made clear what those are and however but has agreed to them. second is the case that basically acknowledges under the ellis act that creates an exception to costa pockets. the california legislature adopted this. it has been confirmed enforceable for replacement units built on the same property within five years. the difference is we are not proceeding under the ellis act. and then the very extensive provisions we have included in the development agreement that established the clear intent the parties, the clear considerations, the contractual privity with each and every owner. like i said, our unwillingness to proceed without the tenants' private right of action. there is no case directly on point, but we have a strong argument that it is enforceable. it has been strengthened with some of the revisions you have suggested and we have made. not only the ones you introduced today, but the ones we've made throughout the l

. >> reporter: despite losing their home to floodwaters, josh hawkins and his wife angela consider themselves fortunate to have somewhere to stay. >> we kind of figure we'll be here until at least september, october maybe depending. >> we have no idea how long we're going to be here, so. >> reporter: angela is two weeks from delivering their second child. >> our family is safe, the baby will have a place to go when he or she is born. ♪ we are waiting >> reporter: their pastor, andy perry is also displaced after his home went under water. >> going through this has been worth it because it is drawing us closer together and reminded us of what is truly valuable. >> reporter: the river is flowing fiercely at six feet above major flood stage through the neighborhoods in minot. people who evacuated their homes can't get close enough to see how bad the damage is and it could be weeks before the river drops to a level that allows them access. over at minot's municipal auditorium the red cross shelter, some of the 11,000 evacuees have fewer choices. >> here we are until we find a place to stay for a w

hawkins says he and mcconnell haven't spoken in months, but in the past he said it neighbor complained and one of her puppies barking loudly at night. he does admit that jasmine godfrey from her collar on saturday but he does not believe mcconnell story for that she needed to be killed. >> if anything, she might have gone over there to be petted. >> i did speak briefly with charles mcconnell but he only said that his attorney advised not to comment. their competence that he is considering legal action against his neighbor. christian schaefer. >> and after pit bull brutally attacked an elderly woman in an area, the owner get consent of the dog is nice. on saturday the dog attacked a 70 -year-old woman. she is in the hospital with broken bones and injuries to her face. >> missing, but not gone for good. more than 100 family friend and fire recruits are hopeful tonight and have gathered to pray for rodney goggins. he went missing about a week ago and his car was found, but a major search turned up nothing. tonight they gathered at a baltimore city college to pray and show support for his

folks like captain hawkins who led a platoon in iraq and earned a bronze star for valor. he was discharged only to receive e-mails and letters from soldiers who had said, if they had known he was gay all along, they still thought he was the best commander they had ever had. that is how progress is being won. here in new york and around the country. day-by-day, it is won by ordinary people who are fighting and protesting for change and who are keeping the pressure up, including pressure on me. and by men and women who are setting an example in their own lives, raising their families, and doing their jobs, joining the pga, serving and sacrificing for this country overseas -- joining the pta, serving as sacrificing for their country overseas even though they got -- they are not treated equally here at home. i got a letter from someone who told me he was a senior in high school. he was proud to be a captain of a club at school and he was gay. he had not told his parents. he had not come out. he was worried about being locked -- being mocked and being bullied. this 17 year old

in the region, if you're traveling on the east side of the outer loop we have an accident there at hawkins point road. delays continue on the west side interloop, that is to liberty road. and on the north side outer loop unfortunately no improvement there. traffic still crawling along. northbound 95 slow traffic there from 32 to 175. and some congestion to watch out for up to the harbor tunnel. you can see not too bad there, 95 just north of 24 in hartford county. and an easy drive on the tyling bridge. >> christie, thank you so much. >>> if you like today and the weekends temperatures you're going to hate this week. >> thank you, bob. >> let's just end it all right , >>> look at that, beautiful. >> beautiful. >> now that is a way to spend the afternoon. >> that's it, mary. >> that's the way to get home from work. >> yeah. come pick us up. >> it was a perfect afternoon for that. light temperatures, light breeze out there. and it's a lot cooler over the water. over the next couple of days that where you'll want to be. by the water, any where near the water. some where in the deep woods some

. >> reporter: ed hawkins pulled off on the island to check the view and make some phone calls. notes alone in his assessment. >> you can barely get across the bridge the way it is now. and 8,000 people pouring in and off right in the middle of it all? it's crazy! >> we'll figure out how to get there. but we must take a look at alternative ways of transportation. can't have everybody in their cars. we have to have a real ferry service. >> reporter: that are plans forker in ferries and many housing units will be affordable. >> it's unprecedented in the sense of set-asides for homeless folks and people. >> reporter: 2,000 people live on there including a 40-foot dancing woman who moved here last year from the burning man and an artist colony. the grand administration building which was meant to be the main terminal for a planned san francisco international airport remains a great spot with its gracious walkways and flowing murals. other forgotten areas won't be forgotten anymore with this $1.5 billion project and the thousands of jobs it will bring. >> i think it's the most exciti

lengthy closed session with the city attorney's office to receive additional advice about the costa hawkins and related issues. i believe we have the information that we need to move this forward to the board. and i want to give mr. omerberg and others credit for being candid that these protections are not going to convince the opponents -- the opposition to this is pretty fundamental and i truly respect that position, but i don't think that a continuance is going to change anything in terms of the dynamics around this process and if i thought that there would be a chance to actually come up with a consensus, i'd be the first to support a continuance, but i have not heard anything at all during the course of this project that would lead me to believe that anything approaching a consensus could be had, unfortunately. i do move that by -- we forward it to the full board without recommendation. supervisor mar: also at our mar 24 later today? supervisor wiener: correct. supervisor mar: other comments, colleagues? i'm going to be voting against the motion. but i appreciate the harmed work of mr.