john gibner deputy city attorney again. two items that have been requested which the board can take with one vote. one is change out dated references to the art commission to the current name arts commission and the second is to change the type of fund for the war memorial to a category four fund which is an interest bearing fund. >> okay. colleagues any questions on those? can i have a motion to accept the amendments. >> so moved. >> so moved. and can i have a motion to move the item to the full board. do so without opposition. okay. item nine. can i have a motion to move it to the full board. >> so moved. >> july 16 without opposition. similar motion number 10 to move to the full board on july 16. >> so moved. >> do so without opposition. >> item 11 similarly we need some amendments mr. city attorney. >> john gibner deputy city attorney again. this is just fixing some section numbers typos. >> okay. colleagues any questions? can i have a motion to

john gibner deputy city attorney again. two items that have been requested which the board can take with one vote. one is change out dated references to the art commission to the current name arts commission and the second is to change the type of fund for the war memorial to a category four fund which is an interest bearing fund. >> okay. colleagues any questions on those? can i have a motion to accept the amendments. >> so moved. >> so moved. and can i have a motion to move the

. >> john gibner county city attorney. so you're suggesting not amending it today in committee but in the future based on the response in this election to the removal of some of the legal text in one of the measures potentially adopting a new rule rescinding this ordinance or adopting something new. >> what i heard from the commission and what we are trying to do is solve a once in a generation problem. the fact of the matter it's been a generation since a referendum qualified for a ballot and we haven't seen one this large. if you wouldn't mind just holding up that book again? colleagues this is a fraction of what will land in people's mailboxes and if we can avoid that and if the camera pan to him. maybe hand it to me so people understand. this is the size of the 500 pages that qualified for the ballot and it's pretty heavy and would cost our city close to $2 million to move this forward and both supervisor wiener and i believe we should amend the elections code to avoid this. if we can put a sunset clause we should do i

>> sure, deputy city attorney, john gibner. the affordable care act has -- includes some language that states that it does not pre-empt local and state laws like the health care security ordinance. in termser of other questions that have arisen, based on the federal guidance we've received to date, there's no indication that the health care security ordinance is preempted or otherwise adversely affected by the affordable care act and as you subjecting earlier, supervisor campos, the local law complements in many ways the affordable care act. >> thank you, i just want the hear it from the horse's mouth, if you will, because i want to make sure that everything's on the table. yes, supervisor cohen? >> thank you very much, so what does reetcher -- pre-empt mean, just to be clear? >> basically under the u.s. constitution, federal law is supreme and in many cases, if a local agency or a state adopts a law that directly conflicts with a federal law, the federal law trumps, in other situations, there's a federal law that occupies the

. >> john gibner deputy city attorney again. this is really a policy question for the board to decide. the board has authority to determine how many -- whether to include the legal text at all and how much of the legal text to include, and so it's really up to your judgment whether you think voters would be mislead by including only a portion. >> okay. thank you. >> mr. chair, if i could just respond briefly to this? >> go ahead. >> i agree with supervisor wiener's aide that that in his words this is not necessarily a one time issue but i think the intent of the legislation is to address the one time situation that we have here and i fully intend if we pass this at the end of the year to pass legislation at the direction of the election's commission to rescind this because this is i think a longer standing policy conversation that we ought to have about what is the most appropriate way for us to educate voters, but i am really concerned that if voters receive a handbook that has the full text of everything but on one measure hav

. >> john gibner deputy city attorney again. this is just fixing some section numbers typos. >> okay. colleagues any questions? can i have a motion to amend -- per the city attorney's comments do so without opposition. move item 11 to the full board for july 16 as amended. do so without opposition. item number 12 mr. city attorney i believe we have amendments as well. >> yes. on this one a few numbering fixing which i believe has been distributed as well as medical examiner office asked us to delete the term over night processing for the fee to reflect what the fee is for. >> okay. colleagues if no questions can i have a motion? >> so moved. >> motion to move 12 to the full board as amended. do so without opposition. mr. city attorney i believe we have amendments for item 13 as well. >> this one is just amendment to the title to reflect the actual content of the ordinance. >> motion to amend item 13 to the city attorney's comments. >> so moved. >> do so without opposition and move 13 to the full board july 16 board meeting. do s

. >> deputy city attorney john gibner. both of the suggestions, tweaks look fine to me. if i can suggest that the committee adopt the amendments with those in mind and the deputy city attorney who worked on the legislation may want to tweak that just a little bit more, but the committee's intent is clear. >> if i may. is the intent if it's on facing market street at all that it's cu? >> yes. >> even if it doesn't have access? >> yes. so if it's facing market street without egress and aggress through market street and the concern is some of the properties are large and extend down to mission so it's considered one parcel aggress but thein aggress and egress is further down from market street. >> thank you. >> i just wanted to make a global comment. i generally supported formula retail policies and i appreciate that the planning department is under going a review of all the retail policies put out there and i can imagine this creating questions in the community and i think we want to see if there are global solutions to deal with this and having that said i generally suppo

city attorney -- >> deputy city attorney job gibner. so you could -- i believe everybody within that hearing could be discussed at part part of the budget when the department comes back. >> okay colleagues let's file this and continue to talk about these items when ms. sue comes before us again. >> that's fine. >> motion to file number one without obsigz. so moved. items two and three are the budget so can i have a motion to continue to monday the 24. we do so without opposition. so moved. items number four and five regarding treasure island development authority and the office of community investment infrastructure and continue those to wednesday the 26. so moved. okay. >> mr. chairman i believe those are not on the agenda for wednesday. i believe those -- >> thursday. my apologize. motion to rescind the vote. okay. so we're going to do it for thursday. >> continue to thursday. >> okay. continue to next thursday. do that without opposition. so moved. item number six and seven have to do with the botanical garden so first i know supervi