the city this the authority to tell those prioritizes they don't have to comply with the code >> john gibner, deputy city attorney. the as my colleague ms. burns stated that particular question is not before the board the legal authority and the mta is the city agency that has the jurisdiction to adapt the program. our city department worked with the program to authorize the program our office signed and approving the resolution just like all the ordinances before the board indicating that the mta does have legal authority to meet with the program >> so it's the city attorney's office position to tell a private operator they can break the state law. >> that's certainly not what we would say there are a number of vehicle code regulations that law the red code to operate and advising the mta on this program we elevated those vehicles codes provisions including the code section that you sited and others and look at the code scheme and reached the conclusion that point mta has the authority to adapt this type of program. we're not signing off on a program if the city does not have the legal auth

sure john gibner, deputy city attorney. the the lawsuit that gave rise to this piece of legislation was settled last year the board approved the settlement has part of the she means to the departments handling the case agreed to remedy to the board adapting locomotion along the lines of what's before you today so clarify the existing rules about the ability of people who have permits to be in the parks and their right to exclude others the legislation our referring to supervisor kim that passed last year dealt with free speech zones and that's in union square >> ultimate it turned out there was two areas we needed to address in order not to run afoul of the first amendment we're saying the right to exclude only applies to public event currently it says all event you have the right to exclude but a public event you can only exclude in someone is interfering say you're having a wedding reception or a corporate event in a public park you have the right to exclude people from coming to your wedding reception we distinguished so

. >> john gibner, deputy city attorney i don't have a red line versions when the committee in the official copy the amendments don't attire so the version it supervisor chiu claktdz is the amended version that goes to the full board but i understand based on the versions i saw earlier today the amendments are okay. >> so we duplicate the file and amend one version but not the other and forward the amended version to the phone number. >> that's exactly right. so colleagues if there are no additional questions or comments we'll did you want the file and then can i have a motion to amend one version as described by president chiu and we'll have a amended version to the full board with positive recommendation >> there's one other thing i want to say so the title being a extended grant for 3 hundred and 50 thousands as listed in the agenda as 1 point plus dollars. >> and we'll delete is words so why not amend it we'll take that without objection.. the motion would be to make the amendment to one version of the duplicate file as described including the amendment to the fill we'll take that witho

. >> john gibner, deputy city attorney frankly supervisor i cannot by the code section i didn't ask the attorneys from the mta to attend this because the questions that we've voiced the mta open does not voices the board. >> i agree that will be great to get an understanding of what state code our relying on. >> any further questions we can come back to them after the. why don't we here from the patient members of the public that are waiting to speak in support of the program and the sfmta program i'd like to ask the observing members of the public to respect the various folks we're heard from today. let's hear from our first speaker >> i'm a little bit nervous. >> if you could speak closer to the microphone. >> no way thank you to the board it's been a long day i'm a constituent in district 5. i'd like to work today, i went to muni yesterday in the rape. i work with an operation of shuttle that we enter ride no one in the city we suffer from 2, 3, 4 hours for transportation. we want to stop people from directive the cars in the city and with the bay area air quality recently passed pro

. >> deputy city attorney, john gibner. the answer is yes, you can make that amendment today and pass the ordinance on first read. generally, the board procedures are, we try not to prescribe board procedures in ordinances because the board's hearing process is generally within the board's authority, but of course it's your policy decision as to whether you want to include that in an ordinance and bind the board i year from now. >> i'm happy to support this legislation. i'm happy to include a hearing requirement in one and 2 years. so happy to make that motion. >> okay, president chiu has made a motion and second by wiener. can we take that without objection? so moved. supervisor avalos? >>supervisor john avalos: thank you. supervisor farrell, for me this legislation is a long time coming and complete with what we want to do with it. i do appreciate president chiu bringing it forward. i live in a district that has seen it's population grow by 6,000 residents from 2000-2010 census. my area is redistricted to a smaller size.

. >> john gibner, deputy city attorney i don't have a red line versions when the committee in the official copy the amendments don't attire so the version it supervisor chiu claktdz is the amended version that goes to the full board but i understand based on the versions i saw earlier today the amendments are okay. >> so we duplicate the file and amend one version but not the other and forward the amended version to the phone number. >> that's

. >> deputy city attorney john gibner. supervisor avalos has distributed amendments. one of those amendments allow contracts in the future from the friends. i would recommend making a slight change to the language that supervisor avalos to make it explicit that they can make the amendment as long as it does not require additional city funds other than the funds received as a gift from the friends. we can draft that language and provide it to the clerk after the meeting if the committee wants to make that change. >> thank you. i will move we accept the language as -- described by our deputy city attorney. >> in addition to mr. rhodes amendment on dollar amount and as well as mr. gibner's amendment on the future funds. can we take those items together as one motion to amend? >> so moved. can we take that without objection? okay. i just really quickly want to say, thank you all for being here and to supervisor avalos. having projects like this, i understand some of mr. rhodes projects about the neighborhood projects, and projects that can bring neighborhoods together lik