superior court, case no. cgc-13-528964; entitled cole anderson, a minor vs. city and county of san francisco. ~ san francisco superior court. >> roll call vote. [speaker not understood]. >> excuse me, this is not the time for public comment. i will mention, i will mention that public comment has already happened on this. [speaker not understood]. >> deputy sheriff? thank you, sir. [speaker not understood]. >> madam clerk, could you please call the roll on item 57? >> on item 57, supervisor cohen? >> thank you, aye. >> cohen aye. supervisor farrell? farrell aye. supervisor kim? kim aye. supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor yee? yee aye. supervisor avalos? avalos aye.

supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. there are 11 ayes. >> the ordinance is passed on the first read. [gavel] >> next item. >> item 58 is an ordinance authorizing settlement of the lawsuit filed by mark morgan against the city and county of san francisco for $238,000; the lawsuit was filed on november 2, 2011, in san francisco superior court, case no. cgc-11-515615; entitled mark morgan vs. city and county of san francisco, et al. ~ in superior court. >> same house same call? this ordinance is passed on the first read. [gavel] >> item 59. >> item 59 is an ordinance authorizing settlement of the lawsuit filed by joseph luebberke against the city and county of san francisco for 100,000; the lawsuit was filed on january 21, 2011, in san francisco superior court, case no. cgc-11-507528; entitled joseph luebberke vs. city and county of san francisco. ~ in superior court. >> same house, same call? this ordinance is passed on first read. [gavel] >> next item. >> item 60 is an ordinance authorizing settlement of the lawsuit filed by maria reyes jimenez de melendrez and amulfo jimenez against the city and county of san francisco for $90,000; the lawsuit what filed on september 11, 2012, in san francisco superior court, case no. cgc-12-524112; entitled maria reyes melendrez de jimenez, et al. vs. city and county of san francisco. ~ in superior court. >> same house same call? this orctiontionv is passed on first read. [gavel] >> next item. >> item 61 is a resolution approving the settlement of the unlitigated claim filed by amy blackstone against the city and county of san francisco for $28,544; claim was filed on march 3, 2014, additional

material terms of said settlement include title transfer to the city of the artwork created by amy blackstone as a sculptural fence for father alfred e. boeddeker park, the guaranteed physical delivery of the artwork to the city on or before june 30, 2014, and an intellectual property license to the city for the artwork. ~ approximately 29,000 [speaker not understood] 2014. >> same house same call, this ordinance is adopted. [gavel] >> next item. >> item 62 is the resolution approving the settlement of the unlitigated claim filed by pacific gas and electric company against the city and county of san francisco for $112,204; claim was filed on may 28, 2013. [speaker not understood]. >> same house same call, this resolution is adopted. [gavel] >> next item. >> item 23 -- >> 63. >> 63 is motion confirming the reappointment of robert muscat to the oversight board of the successor agency to the redevelopment agency of the city and county of san francisco, term ending january 24, 2018. >> same house same call this motion is approved. [gavel] >> item 64. >> item 64 is the motion confirming the reappointment of genre hayv to the oversight board of the successor agency to the redevelopment agency of the city and county of san francisco, term ending january 24, 2018. >> same house same call this motion is approved. [gavel] >> next item. >> item 64 is a motion confirming the mayor's appointment of gwyneth j. borden to the municipal transportation agency board of directors, for the unexpired portion of a four-year term ending march 1, 2018.

>> same house same call this motion is approved. [gavel] >> next item. >> item 66 is a motion approving the mayor's nomination of christine d. johnson to the planning commission, for a four-year term ending june 30, 2018. >> same house same call, this motion is approved. [gavel] >> next item. >> item 67 is a motion confirming the mayor's nomination of, and appointing, sonia melara to the police commission, for the unexpired portion of a four-year term ending april 30, 2018. >> same house same call, this motion is approved. [gavel] >> next item. >> item 68 is a motion approving the mayor's nomination of rodney fong to the planning commission, for a term ending june 30, 2018. >> same house same call, this motion is approved. [gavel] >> next item. >> item 69 is a charter amendment (fourth draft) to amend the charter of the city and county of san francisco to: 1) extend the children's fund for 25 years and increase the set-aside from three cents to four cents over a four-year period; 2) extend the public education enrichment fund for 26 years; 3) create an our children, our families council and require preparation of a children and families plan; 4) create a city rainy day reserve and a school rainy day reserve out of the existing rainy day reserve; and 5) make various technical and administrative changes to the funds, at an election to be held on november

4, 2014. >> supervisor yee. >> thank you, president chiu. i really wanted to give a lot of thanks for the children and family first initiative. first of all, i want to thank all the people that showed up at the press conference this afternoon and showed their support as we move forward with this. as you know, i won't talk about too much of the details, we'll get a chance to do that next week. but basically the initiative has four components to it. it's a re-authorization of the children's youth fund that was first passed by voters in 1991 and again in 2001.

and also reauthorizes the public education enrichment fund passed by voters in 2004 and makes modificationseses to rainy day reserves ~ and number 4, it's asking for creation of children and families council chaired by mayor lee and superintendent [speaker not understood]. this is probably the newest piece to this which will hopefully tie together everything that we are trying to do for children and for our public schools. and i want to thank every single one of the members of the board of supervisors who have signed up to be coauthors to this. and in particular, i deeply appreciate the work of supervisor avalos and supervisor kim's office and as well supervisor mar's with their staff raquel [speaker not

understood], beth rubenstein from avalos's office and sonny [speaker not understood] from supervisor kim's office and from my own office, i really want to thank probably every staff member, but in particular gen low who just worked tirelessly for week on end ~ throughout the weekends, too, on trying to put together, get everybody's input and all the people that provided input to this whole process i want to give thanks to because it does strengthen our ability to move forward with the issues we care about. so, and the person from the city attorney's office besides jon givner is tom owens who also had to not craft this final version, but craft many

versions of this legislation and i want to give him a lot of thanks for tolerating us and dealing with last minute changes as we move forward. and also, of course, the city controller and his staff in providing information we needed to think through what's the ramification of all this in term of financially. and mayor lee, of course, and his education advisor, [speaker not understood] mendoza who worked with our office to make sure that the language is the best language we can have. and, of course, we can't really -- we want to also make sure all the people from the school districts sign including superintendent karanza and his staff, [speaker not understood], mayor lee, [speaker not understood] who is the chief of staff, and also to the full board of education led

by president sandra lee fuer who also provided much, much important input. and all the department heads that came around and provided the language that made sense to them and to the community, people like director of department of children youth and families, maria sue, director of office of early care and education, [speaker not understood], [speaker not understood] laurel klumark, the coordinator of san francisco child care county and advisory council erica ma hem and candice wong who is the chair of that same organization. ~ and i really want to give a shout out to the community and the coalition that was formed to look at this and they worked

tirelessly for two years seeing how we can improve a very good initiative to start off with. so, whether they're from pull man advocates, chelsea who i see would be at city hall on almost a daily basis, making sure that the points that the community would like to have in our legislation is included. ms. cheryl lynn adams [speaker not understood] street youth services who -- others like jody from the lavender [speaker not understood] advocated and wanted to be included in the children's fund and joe ozaki from the japanese community youth center, sarah louise, and also, you know, she's been acknowledged many time, but you can't acknowledge her enough,

margaret [speaker not understood] former director of dcyf with pull man advocates in the past. ~ sole man advocates in the past ~ coleman advocates in the partvthv. ~ past. she continues to be part of the community of trying to make things better. so, again -- and also i want to thank assemblyman tom ammiano who what not only at the press conference, but again, with his leadership in the past, this is one of the reasons why we're talking about reauthorizing anything. it was him that had the first sign in leadership to bring things to, in the past, to the people in san francisco to vote for. so, today it's about celebrating our accomplishment. we have gone through many iterations of this legislation. and to come up with a final product that we will be voting on next week.

so, again, thank you very much for your indulgence and thank you once again, supervisor avalos and jim, for your leadership in the parts that we're able to put together. >> supervisor yee. sorry, supervisor kim. >> thank you, president chiu. actually, supervisor yee i think really articulated all the key pieces of this one measure that's moving forward with children's fund. public enrichment fund and reform to the rainy day reserve. and i'm just really excited to see united support with all 11 supervisors and of course our mayor's office. and it's also -- i just have to note supervisor mar had talked about this. the changes that i think we've really seen at city hall in terms of support for our youth, but also our public schools. i think many of us remember even ten years ago there not being as strong support for public schools and our after school programs here on this

board. and i think it really speak to the voters pushing city hall and showcasing their adamant support that general funds should be spent for children that general funds should be spent to hire librarianses and art teachers and p-e teachers in our public school programs. let me tell you, when i served on the board of education, it was amazing to walk into school and ask a principal where did your prop h dollars go to? and they were always able to point to something physically impacting the daily lives of our kid. we hired that art teacher because of peef. [speaker not understood]. a library that used to be color-coded because we didn't have a librarian that knew how to file book. the p-e teacher we have, the pier resources that programs and the wellness centers that we're able to provide in our public high schools, these dollars truly make a difference every day to the lives of our students and rarely have a seen a policy having the far ranging

impact education enrichment fund does. i'm glad we were able to make it stronger. we were able to take out the 25% trigger because we know our kids don't need bus money when the city is not doing well. i'm glad we were able to take out the controversial in-kind services where the city was offering services that the school district didn't necessarily need ~ and i'm glad we were able to extend our sunset from 10 to 25 years now that we have showcased the school district's accountability to spending general fund dollars wisely. of course, the children's fund also another very important re-authorization now its third re-authorization as a former youth organizer, my program was funded by the children's fund. it's amazing to see how those dollars again worked to extend the support of our children from morning to late eveningses in terms of leadership, violence prevention, tutoring and academic enrichment support, and of course an issue that supervisor yee has long

championed early child care education so that we are closing the achievement gap before our students even walk into kindergarten. if we are not able to close the achievement gap on the first day of school, we will never be able to close the achievement gap, an opportunity gap overall. so, really proud that we're going to be able to do this. the voters have always been with us and looking forward to its victory in november and congrats to supervisor avalos and supervisor yee as well on your long work on the children's fund. >> supervisor mar. >> i just wanted to add that at the rally at the steps today, besides really the full board of education and so many different school district folk, and the three of us that used to be school board presidents, me, norman and jane, our former council campos, i think as supervisor kim mentioned, there is such strong support at this board level for this expansion

of the children's fund and improvements of our prop h peef as well that i'm really happy that there is such strong unity. i wanted to say the youth commission and youth leaders were out in force and grassroots community based groups because when 20 years ago it wasn't just margaret [speaker not understood] and coleman, it was the grassroots network of people that really developed a revolutionary idea to set aside money for the most critical needs of children and families. and when ammiano and others of us came together ten years ago for prop h, it was also a similarly revolutionary idea to zealot aside money for sports, [speaker not understood] and preschool for all, universal pre-k for all to the expansion of three-year old is critical i think revolutionary in a city like this. i feel really good norman put together the effort to combine everything into one package. i wasn't always in agreement with that. now i'm seeing the wisdom of that from his experience

leading organizations like wu yee and many early child care -- child care and early child care education organizations combined allow us to build a stronger unity among educators among teachers and parents and youth as well. lastly, i just wanted to say peter lawederer borne from my office did an incredible amount of work to advocate and to move things forward, too, and i wanted to thank him. but i think especially ~ it's that united campaign that will win in november and set san francisco back on the map as a city that really puts children, families, and equity in social justice first as we advance our children's and families initiatives forward in 2014. thanks so much to jane, norman and john avalos as well. >> supervisor avalos. >> thank you. i'll be very, very brief. everyone has said pretty much everything that needed to be said td children and family initiative. drawed needed to be said about

the ~ beth rubenstein is in my office, wanted to acknowledge her work. [speaker not understood] in norman yee's office has been combining these measures and working closely with all of our offices. peter lauderbourne did a lot of work knishly with the children's furnished coalition. i wanted to thank him for his effort as well as ~ fund as well [speaker not understood] in jane kim's office. norman yee mentioned tom owen. wanted to thank him as well for his work and getting last minute details from us to put in charter amendment form. that was very, very helpful. and look forward to voting on this next week. >> thank you. colleague, as you know, under our board of supervisors board rules, at least six days need to intervene before the first appearance of a proposed charter amendment before we actually submit it to the electorate. with that i'd like to entertain a motion to continue this. could i have a motion to do that in motion by supervisor

yee, seconded by supervisor mar to continue this item to the 15th of july. without objection, that should be the case. [gavel] >> madam clerk, could you call item 70? >> item 70 was referred without recommendation from the rules committee. a charter amendment in its second draft, charter amendment (second draft) to amend the charter of the city and county of san francisco to require the department of elections to hold a special election when there is a vacancy in the office of the mayor or member of the board of supervisors, unless a regularly scheduled election will be held within 180 days of the vacancy; to provide that the president of the board of supervisors serves as acting mayor until an election is held to fill a mayoral vacancy; and to provide that the mayor appoints an interim supervisor to fill a supervisorial vacancy until an election is held to fill that vacancy, with the interim supervisor being ineligible to compete in that election, at an election to be held on november 4, 2014. ~ held to fill that vacancy. >> supervisor avalos. >> thank you, supervisor chiu. i will hold my comments to next week and motion this item to the following meeting. >> supervisor avalos has made a meeting. is there a second to ma motion? seconded by supervisor kim without objection. item 70 will be continued to the 15th of july. [gavel]

>> madam clerk could you call the committee reports item 71? >> item 71 was considered by the [speaker not understood] at a regular meeting july 7. the committee sent the item to the board as a committee report. it is a resolution imposing interim zoning controls for an 18-month period in the castro street neighborhood commercial district to require a conditional use authorization by the planning commission under planning code, section 303(i), for a proposed use that has been determined to be formula retail even if a project sponsor subsequently removes one or more distinguishing formula retail use features from the project proposal; and making environmental findings, and findings of consistency with the general plan, and with the eight priority policies of planning code, section 101.1. ~ project proposal. >> supervisor wiener. >> thank you, mr. president. and i want to thank my co-sponsors, supervisors campos and mar, on these interim zoning controls which were designed to close a loophole that we recently discovered in our formula retail controls and which emerged in the castro

street neighborhood commercial district. and, colleague, i ask for your support for these temporary controls. i know that both the planning department, supervisor mar are working on legislation to deal with a number of different issues around formula retail. i believe that this loophole would likely be cleared up by legislation, although i can't say for sure because i don't know what exactly is going to come out. but for now i ask for your support. and i do want to ask the city attorney to respond to a purported ceqa appeal that we received at the board of supervisors relating to these interim controls and to ask the city attorney if that appeal is valid in terms of being an appealable item and if we can vote on this item today. >> deputy city attorney jon givner. the clerk's office received an appeal -- ceqa appeal today on this item. the planning department made

the determination this item is not a project. and as a result, that -- that that determination is not appealable. determination is that a, that a action is not a project or not appealable to the board of supervisors under ceqa. so, the board may act on this item today, notwithstanding the attempt at an appeal. >> through the chair to the president, mr. givner, thank you. colleagues, i ask for your support. >> with that, the last item we voted on being unanimous, colleagues, can we take this same house same call? without objection, this resolution is adopted. [gavel] >> madam clerk, why don't we go now to roll call. >> first up to introduce new business is supervisor cohen. >> thank you very much. i just want to take a moment and recognize a woman who

dedicated her life to san francisco. her name is omega harden. i'd like to close the meeting out in her memory. ms. harden was born on march 9, 1927 in texas. she what the ninth sibling out of 13 children and she lived in san francisco for 65 years. spending most of her time in double rock. ms. harden spent the majority of her life as a cook working at the huntington hotel. the former le me ridian hotel in san francisco. churches included evergreen baptist church, bell chapel cme baptist church as well as providence baptist church. to me ms. harden was known as the godmother of [speaker not understood] rock community and was well respected by everyone who lived there. she what known for her famous butter cookies and always made sure that everyone who entered

her house was fed. she was kind and always saw the potential in everyone. ms. harden touched lives as she touched mine and she will be missed by many people. and, so, want to just give a moment and just recognize the many member of shooting and give voice to this particular issue. it is an important issue, not one, but only affectseses eastern part of the city, but also the entire city. as you know, there was some unfortunate acts of violence around market street and it is a slow ground swell, there is a growing sentiment of outrage and certainly one that is not misplaced, but appropriately so. and this growing outrage needs

to send a message to everyone in san francisco that the issues that we're facing in the southeastern sector of the city is everyone's issue. everyone should be alarmed by the number of shootings and the loss of life that we have been experiencing in the last 13 days. i think it's also important that we recognize those that have lost their life and important that we stay focused on the harm that violence, particularly gun violence is doing to our city. i think it is apropos you heard in my remarks earlier when we were talking about laura's law that we begin to deal with toxic stress in a very serious manner. for youth as well as the department of public health, i want to commend them for the work that they've done addressing the crisis that ha arisen due to the shooting at hurst playground. the leadership the community

has given ~ and ha wrapped their arms around the families that mourn as well as the entire community that's in pain. thank you for your consideration. next for introduction i'd like to discuss an item that will have a significant contribution to the bayview community, 900 innes. i'm introducing legislation to acquire the southern waterfront parcel of open space. it is important we note that this acquisition of the property at 00 innes is an integral piece to completing the greenway which is actually critically needed to continue to move the bayview community in the revitalization of the greenway forward. the bayview master plan is one of the city's most comprehensive open space planning issues in decades to

come. it is in part of the city where we are experiencing rapidly growing changes to the neighborhood. once completed, the region will be like, i hate to say this, but like chrisy field, but only better. i want to use chrisy field as an example because that is a mental image we all can wrap our minds around. we are going to take chrisy field by storm because we're going to make it better and it's going to be transforming resources that have really been neglected for the community and create a beautiful open space and greater waterfront space accessible for all. the new open space will connect these neighborhoods to the waterfront and serve as the catalyst for responsive and responsible development employment opportunities and economic vitality. some of the goals of this project i want to just take a moment to tease out for you. it's going to create 13 miles

of open space network along the southeastern waterfront. it is going to preserve and enhance existing retail spaces, improve transportation with the informational bike lanes and pedestrian improvements, largely opening a part of the city that has been locked up. it's going to preserve and restore the historic ship right building on-site and this vision is -- this vision for this project began 10 years ago in the making. i'm happy to carry it over the finish line but i also want to recognize the significant contributions that former supervisor sophie maxwell made to bring this vision forward. also want to recognize the leadership within the india basin community and also want to give up lift to those living up on [speaker not understood] road in kiska. we couldn't have gotten this far without you. so, i hope, i hope to have your support on this particular measure to continue to go forward. thank you, colleague. the rest i submit. >> thank you, supervisor cohen. supervisor farrell.

>> thank you, madam clerk. colleagues, i have two items today. first resolution that we've been working on for close to a year here with a number of our members of our city family, a resolution around health care quality and cost transparency. as you all know, i serve as member of our health service system board representing the board of supervisors and last year we held a hearing on the need for transparency and accountability in the health care marketplace as we continue to seek health care costs rise across our country. i will say and we will ~ [speaker not understood] part of the budget, we are incredibly lucky to have catherine dodd leading the charge of hhs reducing our rates and getting our rates under control in the city and county of san francisco for our own employees. and i've been working can catherine in the joint labor management transparency and accountability to continue to move this issue forward. i do want to thank rebecca orient, [speaker not understood], jeff, saily, elizabeth for all their hard work on this ~.

this continues to be important issue because lack of transparency makes it difficult for people to know when they can get the best health care for themselves, for their families or for their own employees. if someone needs open heart surgery, no facts or date to a inform someone where the lowest mortality rate exists or lowest post infection rate may be. as we continue to evolve and paying for our own health care, that we continue to shoulder the burden of more ongoing costs and procedures down the road, i believe we continue to need to be more well informed as residents, as citizens, and as people here in san francisco. in the united states we pay almost double what every other developed country pays for health care. and premiums are likely to go up 5 to 8% in the coming years as affordable tax and tax on high health care plans also kicks into gear. hhs spends more than $720 million annually on insurance premiums for over 100,000 public employees retirees and their dependence. transparency will reward

providers who deliver the best quality care and help patients pick the best doctors, hospitals, pharmacies and other providers. without transparency, it's extremely difficult to negotiate and improve rates. in terms of the resolution being introduced today this is an issue that's going to require several steps and constant attention. after several meetings with our city attorney's office catherine dodd and other members of hhs and the joint labor committee we all agree this resolution is the next step to address the issue. the resolution gives a directive to hss as they negotiate with health care vendors to demand quality and cost transparency by 2016 as well as agreements with no anti-competitive provisions. it also recommends that hss establish a payment reform and transparent advisory group made up of a nationally recognized expert and experts to outline a framework for transparent health care system here in san francisco. and i will continue to work with hss to form this group. hss will report back to the board o