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 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 so

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 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

the reason why i wanted to ask the city attorney, deputy city attorney to do that is because i think the focus gets lost here. we're here on a late filing jurisdiction request, the question i think -- and i think, you know, some of the public comments and i'm sitting here, some challenging and compelling testimony was presented on both sides of the issue, and i'm sitting here thinking about what our role and what our job is to do today and it relates to whether or not there should have been -- we should allow the late filing of this jurisdiction -- the late filing of this appeal, and i'm trying to think of whether or not in fact the city inadvertently, certainly i wouldn't find that the city intentionally delayed -- i mean, caused the delay, so that's what i'm thinking about right now, whether it inadvertently caused a delay, and i'm having trouble reaching that conclusion that it did. >> i do, i believe that what we're here for is a little different than what's been heard today and i think that that would be heard next week. i think what we're here today is to determine whether the

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

>> 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

. >> 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

i want to recognize the deputy city attorney. >> so the

is not final, today's vote is simply a not to exceed rate vote, can i get confirmation from the deputy city attorney on that, that's the resolved in the rez lawing as i read it, i know there's other language but that's what we're voting on? >> that's correct, that's the resolve. >> i know we cannot determine the program details until we set the rate, so it is with a great sense of urgency, responsibility and on noer that i make the motion to approve the not to exceed rates at 11.5 cents without further delay. >> alright, the motion was seconded by commissioner moran, is that still the case? >> yes. inger >> all those in favor, signify by saying aye? . >> aye. all those opposed? >> nee. >> the motion fails. we're are going to go to closed session, we need a motion to do so. so moved and seconded by commissioner moran to move to closed session. are there any public comments on matters to be discussed in closed session? >> are there matters -- >> closed session item number 14, conference with legal counsel, existing claim with the proposed settlement agreement, item 15, conference with legal c

i want to recognize the deputy city attorney. >> so the d b i staff has indicated if there's additional properties on top of the 7 they would remove those from the list. i have drafted some language to get that read into the record >> why don't you read that into the record. >> so you'd be adding a resolve clause that the department review the code in the office of the board of supervisors file number to be filed my to remove any units without permit. and the building inspectors should provided a report and it's the intent of the board the city will not impose liens added without comment. is there a motion to amend the resolution we have a motion and a second. can we take that without objection. unless there's any further discussion what we take a roll call vote on item 53 to adopt this motion as amended (calling names) >> many resolution is adopted as amended. >> thank you very much supervisors. >> why don't we go back to the recommendations from the budget committee item 20. improving with american airlines to increase the land rent. colleagues can we take this same house, same call >

teen center for all the young adults. absolutely. yelling back here, [ applause ] . that was our deputy cityrarian, what can we say? a wonderful space for children. this north beach library serves over 30,000 diverse residents and it's way overdue to have a state-of-the-art library. clean it's really a true partnership with our city departments and i want to thank our dpw folks and their team. mindy, lena, fantastic work in managing this project. [ applause ] and another superb partner in phil ginsburg, rec and park, thank you. [ applause ] this is going to be an amazing space that ties together the joe dimaggio park and you will hear more about that. it's wonderful to know that it really creates an amazing civic space for north beach and it wouldn't happen wouldn't fantastic support from the community. julie christinsen, a shout out to you. [ applause ] the. so throughout this ceremony, we're going to celebrate and pay tribute to all of the wonderful folks that are making it happen. so without further ado, person that not only has prior director of public works, city administrator and now w

so that would be what i interpret the motion to be >> deputy city attorney would you clarify. >> i made the motion there's a proposed entrance to the garage. there's also a desired preferred entrance to their garage utilizing the flag behind that and everyone felt this would be the preferred means of cease but we can't say that's going to happen but i'm saying if a that's available it would be our preferred alternative but both would be okay under the motion >> the motion is just to - that's for the project sponsor. there is a motion >> no other comment. >> there's a motion and a second commissioners adding a condition that the project sponsor extend the retail to stanford and dividing it into smaller units and to consolidate vehicular access to look into a park let discourage formula retail and provided a preference for tenants who stay open all day (calling names) so moved commissions that motion passes unanimously 6 to zero. commissioners that places you on items for an a and b. at 72 ellis street for all additional use authorization and a request to extend the performance for an add

for -- in the private sector for a number of years and then i went and worked for the city as a deputy cityorney and then became general council of the school district here in san francisco, and through that became involved in politics and at some point decided to run for office. [speaking spanish] >> i think that san francisco really represents the best that this country has to offer. it's a place that welcomes people from all over the world, from all over the country, and it's a place that not only tolerates, but actually embraces diversity, a place that is very forward thinking in terms of how it looks at issues. it always felt like home, and i felt that as a gala tino man that this -- gay la taken no man, that this is a place where i could be happy. now doing the job of a supervisor has been the most rewarding experience. it is really remarkable how amazing our neighborhoods are, how amazing its people are. i have a progressive outlook in terms of how i see things, and by progressive i mean we have to make government and make the city work for everyone, and that means that it's not just

. >> do you wish to respond, deputy city attorney? to those comments? >> no, i think you just said they would request the city attorney to draft something, to that certainly would have been the supervisor's purview. >> well, he quoted on an ordinance which was in conflict of what she said earlier? >> in the charter which governs the rate setting process, it sits, one of the responsibilities of the puc is establishes rates to have financial needs of the system and we interpret that as the policy maker, the board of supervisors have provided the cleanpowersf system and it's your responsibility to set the rates for it, and if you do not set the rates, that could be an example of you not carrying out the charter mandate. >> established does not mean monday, does it. >> the statute says you should establish rates, i'm no lawyer, but i would say that sounds pretty clear to me. >> it would be clearer fw that's shall, not just establish. >> of course we can leave it up to the lawyers to word smith it, i believe the intent of the voters -- >> it's not up to word