you. >> excuse me, i wonder if the general manager can also respond to questions because i had a question between the pg & e product and our less expensive product. the response i got with the local component, because i think this is significant to air. >> so you would like for me to -- so, to me it's a lot of difference between pg & e and our program. one of the significance is opt out versus opt in. for me is the focus for a lot of people in the audience is to look at san francisco build out. so that means job opportunities. so that was sort of what our focus was putting our program together. as it relates to pg & e, they are also committed to local build out but local may mean within their service territory. i think that's a difference. and i can't speak to their plan or where they plan locally. it could be in san francisco or outside of san francisco. >> thank you. >> i would like to add that as you all know the staff conducted numerous customer surveys about how residents might feel about this program and whether they would want to participate, and when the rate was over 14 cents, we had positive r

but if we technically cannot put them in either because of the bureau of urban forestry rules or pg & e rules, there is nothing we can do about that. if i can physically put those trees in, i would go back and put those in today. >> right, my point is that you didn't make the determination of the advance many of proposal that you can't do it. >> i think that's an in correction assumption. >> okay. as far as you had a july 1st deadline and for that reason you don't have a proposal in design as to what you would do in alternative inform plant the trees? >> we don't have the remainder of 8th street designed, whatever we do on this corner, we would like that to finish with the whole design scheme. >> what steps have you taken to move that forward? >> we have submitted our site plan. we hope to get the permit out shortly. we are moving fully ahead on all of our cd construction documents. we have employed our landscape architect and they are designing all the landscape projects for our department. >> can you speak for that part because that's what we are all here for, the landscape piece. >

sfpuc and to lafco we would like them to proceed with these not to exceed rates is because they are now competitive with pg&e. especially if you compare it to a pg&e green rate. and what ms. malcolm proposed to us tonight are rates that will probably be even more competitive, even competitive with pg&e's brown power rate. the issue with the shell contract is that whether we like it or not, the local buildout that we all want is no longer tied to the small phase 1 part of the program. it's no longer tied to the shell contract. so, the reality is now that the shell contract is going to have competitive rates if the sfpuc sets competitive rates next week, now that it's going to have competitive rates, the advocates are not concerned that there is going to be a large opt out of the program. after the shell contract is underway, as long as there's no large opt out, that's when we start building this next phase. when you get into phase ii and we do the buildout. and as commissioner wald rightly points out, that buildout is not going to happen unless we -- you as a commission, you as a department, we as advocates

regardless of my feelings of the motivation as to what occurred previously because, you know getting pg & e to put in substations takes years and the requirements are very stringent, very difficult to deal with. that's why they have pg & e expediteers these days. if you look at that sidewalk where these things are, there are a bunch of them. i think that probably the nature of that design has been known for a long time. i'm prepared to support the department in terms of them negotiating with the developer on where they can place trees and to extract the amount of money that they have requested. >> is there a motion? >> yeah. move to grant the appeal and condition it to allow the bureau of urban forestry to continue to negotiate with the developer on the number of trees that can be placed on 8th street and in the event that they fall short of the 10 mandated then to collect the $3,000 per tree that has been removed. >> might i suggest since it's not within our jurisdiction and i think there is some questions about the amount of in lieu fee that we simply subject everything that you said

i said i'm going to be pg & e tonight because this is when this department was trying to put together peakers in my community and we fought against that. the thing of it is that i hope that you all make the decision because that is your responsibility. because i'm even concerned more about jobs, local hiring and this is one of the reasons that local hiring passed is because some of the unions did not local hiring to come forth to hire from the community. so i just want to say that you have a good job on your hand. >> thank you very much. next speaker, please. >> i want to begin by giving you a little bit of history because i represent the first people of this area. so, when the hatch valley was dammed by people in san francisco using their power so that we could use hydroelectricity and i know that most of you have not read the rick act of 1913. if we have electricity, we chose to sell it and now we need it. in all this deliberations this body, the joined body has not been sincere in defining the terminology like i stated in my initial remarks. you all want to shove this down our thro

the suit claims negligence by pg&e and the arborist. it names them because they were responsible for inspecting it and failed to discover it had become weak. they are not commenting on the suit. >>> a controversial gentleman's club is set to open today there. it is a bikini bar surrounded by restaurants and condos and critics are concerned the adult entertainment club could have a negative impact on crime in the area. >>> it is the beginning of the end. we are now less than six hours away from the 49ers first preseason game, ahead of their lost season at the stick. as claudine wong explains fans attending tonight's game are going to be facing new security measures and serious limitations about what they can and cannot bring into the stadium. >> reporter: phil sat outside the stick today, the picture of a niner's fan, his red truck and niners flags blowing in the wind, this season ticket holder is ready for football to start. >> i know it is going to be good. i will be here 2 at 5:00 for the game. >> he says he always travels light so getting in should be smo

because it's been a long run. thank you for getting to this in the last months. with the competitive rate that pg & e proposed tariff option and i would challenge you slightly further because i'm looking at slide 11 here, and we see we are at 11.9 and they are at 11.5 which seems so close. what would it be possible to set an 11.5. the early conversations were about a meet or beat rate for pg & e. so i would like to propose that we set that rate at 11.5 so that it's really a part of something that we can really at least knowing that those could change and that we are going to try to come in lower and pg & e might get higher, but at least from a public perspective we have met the pg & e proposed rate. i guess that's a question and then maybe i will say a couple things after that. >> yes, commissioner, there is no reason that we couldn't set the rate today at 11.5 cents. we have a little head room in that rate compared to what we know of cost today. we've actually created some tables for you and given you that opening to adopt that rate today with a resolution. >> that's great. >> are those tables a

. >> because they wouldn't be profitable just on a stand alone basis? >> no. >> just selling power to the -- >> pg&e? >> -- to pg&e? >> no, pg&e doesn't need bucket 1 renewable resources right now. >> i get it. >> but i didn't do that analysis. i'm telling you what my understanding. >> i have our director would like to say something. i know we have jason freed from lafco. we've got a public that's wait tog comment. because we're coming right up on the limit of our ten-minute estimated time on this item. [laughter] >> thank you for all of the time you're spending on this. >> thank you. >> commissioners, i did just want to mention that we do have danielle murry in the audience from the department of [speaker not understood] and has done assessment of some in-city potential. if you'd like her to come up now or after public comment. she is a resource for commissioners throughout this discussion. >> maybe during public comment. maybe she can give a public comment or she can decide what she wants to do. >> unless there's -- >> i just have a quick question because i know we spent a lot of time on this. a

we do have word that if brentwood along highway 4 we have traffic lights that are out because of a downed poll so pg&e is on the way to the scene. at the altamont pass from tracy, we have 66 miles per hour speed and dips down further in the pass and it loosens as you continue to livermore and pleasanton along 580 passing the dublin interchange you are in good shape and the sunol grade is not a problem at 65 miles per hour and highway 84 is clear at this hour and mass transit, everything is running on time and bart and muni and campaign, looking clear. >> apple co-founder cannot wait for the new apple phone expected to come out in essence -- next month. he says the iphone 5s is likely to have a fingerprint scanner, a faster processor than the 5, and better battery live. but the features do not intrigue him so much as the possibility of a new color. >> if there is a gold iphone, i will have it, if there is copper, i will have it. but only if it is good quality. if it looks lousy, i won't have it. if it doesn't look like a real apple product i won't have it. >> and he talks about his opinion on the new

because if not, it's 8:35. i mean, in general we support affordable and competitive rates. anything that is not compatible with pg&e hurts the program's ability to be self-sustainable, hurts the program's ability to grow because it will not attract customers. furthermore be it resolved that we are about echo equity, that this program needs to provide not only green energy, but also green economy for the area. and that that -- it should be in the form of making sure -- ensuring that there is organized labor that are in partnership with what we're doing. i think that seems to be -- that seems to be what we're saying here. it seems that number one, we've got to guarantee rate and that we have to make sure that, you know, we have to make sure that that's the case. we have to emphasize that at no point in time the recs are not -- recs are not the preferable method and, so, we want to understand, you know, what's the process to get off recs very clearly. and that we want, you know -- because both of those things seem to contribute to our next goal, which is local power generation because it creates jobs. and those jobs

>> that's a problem because the companies who are their clients, they are work pg with these companies to prevent the atta attacks, they don't want any details getting out because there is money at stake on some disputes over who is responsible, partly for brand protections reasons. they don't want to be embarrassed. they would like them to be more forth coming and tell americans, tell customers when they have been hacked because that will show the scale of the problem and types of people doing it and things they can do to solve it. >> i suspect we'll talk more about this in the future. >> thank you. >> amen jaif vers joining us tonight. >>> some schools letting students get deep credits but first, the three-part series on new ways to pay for college but first, how commodities, currencies and treasuries performed today. >>> jp morgan chase is facing for federal fines. the largest bank may have to pay as much as $600 million in penalties as a part of a global settlement over huge trading losses last year in the so-called london whales scandal. today, word the government's consumer finan

pg&e's. it's no longer that high and i'll explain that in a minute. because we had a rate originally that was higher than pg&e initially, we designed the program to not include customers, low-income customers that are subscribers of pg&e's care discount program. they could opt in, they could join the program voluntarily, but we wouldn't require them to opt in. we want all of those customers and we'll be conducting customer outreach in those -- in low-income communities and among some commercial customers, but they won't be subject to an opt-out initially. finally, we have a very extensive customer outreach program that is intended to educate customers about their opportunities to opt out about the different program components. we actually want people to understand that they have two choices. one being clean power sf and the other being pg&e. if they don't want to be with our r, we want them to opt out. they'll have plenty of opportunities to do that. four by mail. any customer can always go online and opt out, or call us and opt out. or look at us with a phon