mr. gibner if these amendments are substantive if yukon firm that. >> sure. department city attorney, gibner. it doesn't require additional hearing in committee. >> you helped me with this language, we are not really altering in anyway the powers of the managers, just making it consistent which has already been in the park code consistent with first amendment rights. >> that's correct. it's proposed in this ordinance noted that general manager would retain the authority to close the parks in certain emergencies. that authority also exist in the park code, lts -- although the language was a little different. it's the cross-reference in 3.3 in this ordinance and 3.03 included some language that was added in 1981-82. that the commission or general manager could not close the park or any park building in order to stifle 1st amendment activity. we've tinkered with that language a little bit to make clear the parks and recreation commission cannot close any park building or any portion of a park because of the content or viewpoint of any 1st amendment protected act

mr. gibner, under the law that was passed earlier this year, there is not a ground under the appeal to adjust the fee unless we find there is not a relationship and nexus of the impact of the development. >> deputy city attorney john gibner. that is correct. there is only one ground for reducing or our adjusting the waiver fee that there is no relation between the nexus impact. >> and as well as the appellant ability due economic or disability. >> that is correct. >> that we might carefully constructed upon which is on this base. >> that's right. the fee is based on a determination of the nexus and the nexus study provides the largest fee that the board could have imposed for conversions. but it was in the board's legislative discretion to impose lesser fees or create exceptions legislatively for people who meet certain income requirements. >> thank you, one follow up question, i was informed by my staff that there was one or two ellis act evictions at this site. could you let us know if that's the case. i can ask any of the city staffers. >> we don't have the research on it. that issue is go

mr. gibner. colleagues, i propose we conduct the hearing ways typically do. first the appellant will have 10 minutes to present her case for the appeal for the condominium conversion fee and next the public can speak for 2 minutes and following that relevant city departments including on housing and others will have 10 minutes for presenting their analysis on the condominium fee and those supporting the application of the fee may have up to 2 minutes and the appellants may have 3 minutes for rebuttal. any objections to this proceeding? if not, why don't we hear from the appellant. okay. >> good afternoon, everybody. my name is christina. i am the person leasing on 849 sanchez street. what i'm trying to, based on the nexus, i of course have no chance on having you understand what my situation specifically to me because i have a disability not only of -- but i need you to understand what my situation has been to first find a house and second keep it. first of all i'm having a hard time understanding why the city would have somebody like me pay an impact fee of

mr. gibner if these amendments are substantive if yukon firm that. >> sure. department city attorney, gibner.

gibner amendment, colleagues can we take that without objection. that should be the case. and any further discussion before a vote on the underlying ordinance as amended? supervisor wiener? >> thank you, mr. president. this has been a robust discussion. and i do, what everyone's view on this and it's clear on all sides of this issue is very passionate and i think we are all very passionate about trying to get homeless people housed and we are passionate about keeping our parks clean and safe. i don't think it moves the conversation forward to talk about paving over our parks. i think there were a lot of motivations attributed to support this legislation which aren't just me, which our wonderful san francisco parks alliance, our labors union, the people who have to come in every morning and fix all the vandalism and clean up these parks after they are trashed. these hardworking women and men who work for the park and it wasn't just the union leaders who came to this hearing on this issue, there were individual gardeners who showed up because they wanted to tell us how sick and tired they are of working so hard to take care of these parks and having them trashed. these gardener, park advoc