i described right now links it to units that are restricted by law or have some other legal restricts that prohibits subletting or sub leasing language that we've seen today states it's housing that has been quote acquired or rehabilitated from the city that restricts occupancy to middle-income is not an item of art we've defined in our municipal code so we recommend delegating that i think the intent so restricted based on what i've already described in the code to be redundant, however, under legal construction principles you don't want to have something that has not legal effect we read this as capturing something

that is broad than what i've described. >> through the chair thank you, president chiu for raising this i guess in my conversations with the planning staff it's unclear whether or not prop c as like 1950 mission is built is that under the inclusion. >> i'm not familiar with the 1950 mission project but fits its part of the mayor's office of housing they would not be allowed to sub lease. >> he the other small site acquisition program i i know that the city and the mayor's office of housing is utilized to make sure we have enough affordable unit throughout the city is that type of program covered as a residential unit.

>> i'll recommend if those are the types of specific uses instead of concluding the language we call out those specific types as you've described them as opposed to this general language. >> that's any intent and hopefully with the support of the board and if that's accepted by the author of the main ordinance i'll withdrew my amendment but i would ask the president in my conversations with the planning staff we can insure we're going to include those types of unit we've discussed. >> so colleagues just to clarify supervisor mar your wrooug your amendment. >> through the president is that your intent to be as boarded as we can about excluding the bmr's and the

sro's and the city induced unit. >> that's my intent i seemed mount prop c and small fund income restricted and involve the lo low income rate that leaves the question around in-laws and that is one we should vote on. >> i withdrew the part of the amendment that refers to city substituted housing but lease in the part of new mexico's. >> and colleagues any other questions or discussed on any of the amendments last call for amendments no other amendments so as our city attorney mentioned we have a disappointed file unless there's objection the way i think we precede we'll

adopt each separate amendment that does not require a committee back to committee reference or a reference to planning commission and that will be one file and the second file will be you'll have those amendments that require a referral back to committee around planning commission supervisor chiu first then supervisor kim and i want to suggest i am wondering if we can before duplicating making the substituted amendment would be with we can agree on and duplicate the file and at this point are supervisor breed's and supervisor kim i believe those are the two colleagues that have amendments that trail and need to go back to committee. >> any outlooks. >> that was my intention to duplicate the file after the non sufficiently susan substantive

files. >> we'll be making the non-substantive amendments first with that, the first one is the amendment promoted by supervisor breed that was regarding the response required for no violations so again, this is a technical amendment that was made do we need a roll call no we'll take that without objection. the amendment is adapted the second one is an amendment proposed by supervisor farrell regarding a private right of action for business owners and the second portion has on adapted do we need a roll call workman's compensation this is adapted the next one is supervisor yee's amendment limiting placing additional limits on short-term rentals and rh1 d areas and do we need a roll call. >> roll call please. mr. clerk. >> supervisor campos commissioner chiu.

>> no supervisor cowen 90 no supervisor farrell no supervisor kim supervisor mar supervisor tang no supervisor wiener no supervisor yee supervisor avalos supervisor breed no there are 5 i's and 6 months. >> the amendment fails the next amendment. >>was proposed by supervisor wiener this one is a technical one that has to do with the timing for feeds do we need a roll call on this one >> madam clerk since the last one had a different vote do we need to redo this. >> supervisor campos supervisor chiu supervisor cohen supervisor farrell supervisor kim supervisor mar supervisor tang supervisor wiener

supervisor yee supervisor avalos supervisor breed pr there are 11 i's great that motion is adapted this men and women second one from supervisor wiener has to do with the automatic notifications to the cc&rs and hookz and in rh1 district and zones having is there a need for roll call workman's compensation this amendment has been adapted arrest next amendment was proposed by sorry the next one that doesn't require a referral back to committee supervisor john avalos'ss 90 day cap on short-term rentals do we need a roll call vote. >> madam clerk. >> supervisor campos supervisor chiu no supervisor cohen no supervisor farrell no supervisor kim

supervisor mar supervisor tang no supervisor wiener no supervisor yee supervisor avalos supervisor breed no there are 5 i's and 6 months this amendment fails okay did next amendment i believe if i'm correct those are all the amendments we could adapt that did not require a referral back to committee with that, islam i'd like to move into the dipped files and take those that go to planning commission and deputy city attorney. >> one suggestion say you could take those all in one file duplicate file e.r. did you want again, because they're two categories that requires one referral to committee and one to committee and the boards, of

course, i'm throwing that out there. >> supervisor wiener. >> just to avoid confusion supervisor kim disappointed it so early on the disappointed files were adapted in both version i want to make sure we don't have a version floating around with no amendments so i suggest we may be eliminate the duplicate the version. >> all right. is. >> through the chair to 0 supervisor wiener the item that was amended was duplicate you have two items that are non-substantive. >> right now both the original and duplicate version have all the adapted amendments incorporated my apologies for the confusion. >> 90 so, now we're taking substantive amendment in another

duplicate file supervisor chiu a question. >> i want to clarify so to our point we're taking one of the duplicate files and making potential changes to trail or trail back to committee or back to planning and back to committee. >> that's correct. >> so, now we're going to take further amendments so let's see here i believe the first one that was requiring a committee hearing only was supervisor mar's amendment regarding in-law units do we need a roll call. >> madam clerk. >> is this i'm sorry this is supervisor mar on in-law unit. >> supervisor campos supervisor chiu no supervisor cowen no supervisor farrell no supervisor kim supervisor mar supervisor tang no

supervisor wiener no supervisor yee supervisor avalos not to exceed no there are 5 i's and 60 notice that amendment fails the next one is supervisor kim's the proliferate right of action do we need a roll call for this supervisor campos supervisor chiu supervisor cohen supervisor farrell no supervisor kim supervisor mar supervisor tang no supervisor wiener no supervisor yee supervisor avalos supervisor breed there are 8 i's and 430 notice this amendment is adapted the mexico one has to do with supervisor campos with the transit occupies this need to be

received back to planning roll call. >> supervisor campos supervisor chiu no supervisor cohen no supervisor farrell no supervisor kim supervisor mar supervisor tang no supervisor wiener no supervisor yee supervisor avalos supervisor breed no there are 5 i's and of nos this amendment has failed correction. >> just making sure you're all paying attention (laughter) the next one is supervisor campos prsht are short-term rentals that rental that are significant to ellis act evictions. >> supervisor campos supervisor chiu no supervisor cohen.

>> just so i'm clear. >> this is the amendment to prohibit short-term rentals that were subject to ellis act within years. >> supervisor cohen i supervisor farrell marry no supervisor kim supervisor mar supervisor tang no supervisor wiener supervisor yee supervisor avalos supervisor breed there are 8 i's and 3 nos this amendment passes and supervisor breed had an amendment and this has to do with also i believe a private right of action and ammunition with the ellis act evictions. >> supervisor campos supervisor chiu supervisor cohen

supervisor farrell supervisor kim supervisor mar supervisor tang supervisor wiener supervisor yee supervisor avalos supervisor breed pr there are 11 i's this amendment passes all right. deputy city attorney. >> through the chair it's mom and dad's that the two amendments by supervisor kim and supervisor breed regarding the private right of action have conflict overall i think those two amendments can be reconciled but the difference between 9 two is that in supervisor kim's adapted amendment the nonprofit housing organization can file a private right of action 45 days after filing a complaint with the city they don't have to wait

for the city administration process where supervisor breed's amendment requires that the nonprofit that is suing file a complaint with the city wait thirty days and then provide if after thirty days pass they have to provide an additional thirty days notice to the city attorney's office for the the president for the proceeding and if the city initiate their proceedings they can't move forward with their right of of action that's the conflict between the two. >> so question to the city attorney's office is this something else by the need to resolve open the floor or discussions in committee. >> upgrade it can be revolve if you like to either prude with one over and over develop a hybrid with a moths that

carries. >> supervisor breed. >> just to clarity the thirty days was put into effect to allow for at least the planning department to make a determination hass as to whether or not something could be done for for a particular property that was initiation and forgive did city attorney's office the mind they need to terminate whether or not at that they're to pursue the litigation it doesn't go through the same level of the administrative native process as the current legislation but specifically separates the ellis act locates so the process is competed so we can hold them accountable more than the united that are not toifrpd to an linda chapman's evicts. >> as i read the language it is indicates the nonprofit can institute a civil action only in it provides the action but the

city hats not initiated the certify procedures benefited of the thirty day but if the city initialed it's own lawsuit then the interested party could not file suit under supervisor kim's the timing is different but east even if the city has a lawsuit it could still go forward it's the difference. >> okay. so does supervisor kim have further question so colleagues before us we have two again duplicate files one contains all of the amendment that can be voted open today, the second set contains amendment that has to be referred to the planning commission and my closing comments colleagues thank you for your for your truth of the matter work on this i want to

thank the members of the public for taking part in our democratic policy this is our democracy how we move complicated policy forward with the changes that are proposed i'm very happy about what has been proposed i'd like the colleagues to support the versions that we have that is not going back to committee we move forward so we take a significant step forward in establishing in san francisco clear rules with an ability to enforce a system around short-term rentals that protects our city in the midst of an affordable housing crisis we know we could move this favored thank you to the staffers marilyn and my office and insure while all as we move forward

continue to monitored what we're doing the planning department will be studying this will not go into effective not that i recall february to up to the time u put rules in place to implement this as embellishing and quebec as possible we'll be assuring we are moving forward i support the trailing version what supervisor breed and supervisor kim proposed makes sense participate on the one hand to look at the ellis act and supervisor kim's motion to insure we have an additional layer of protection of enforcement look forward to those being reconciled i understand they need to go back to the planning commission for additional decision but hopefully move that through the board but i ask yourself support

today to move that forward thank you. >> all right. so there's one item we do need to correct at the moment, no formal introduction of a motion to introduce supervisor breed's amendment so we can forming adapt the motion and have a second to that. >> oh, sorry. >> i move the motion that i supervisor breed and seconded by supervisor farrell so at this time i believe our last i want to thank you for the opportunity to thank supervisor chiu and his staff sea the 8 supervisors that introduced the amendments that is making our legislation better and, of course, all the stakeholders that contributed so at this time on the file that does not require reference to committee i want to take that up to the last

vote was unanimous is there a need for a roll call vote no we'll take that without objection. >> yes. >> i'm sorry oh, i apologize are on item 10 as not limited to supervisor campos pursue no supervisor chiu supervisor cohen supervisor farrell supervisor kim supervisor mar no supervisor tang supervisor wiener supervisor yee no supervisor avalos no supervisor breed there are 7 i's and 4 nos. >> the measure is adapted as for the duplicate file madam clerk. >> i apologize so this version that we have today to clarify with all the number one sub active amendment

our vote per the madam clerk read with that, we have an long over due special accomodation. >> madam chair, i think we need to vote to the other committee file. >> with that a motion but supervisor chiu and supervisor cohen referred to committee all right. madam clerk. >> thank you, thank you very much colleagues and thank you to the public and. >> the next tempo the special accomodation period by supervisor chiu presenting a special accomodation to the deputy controller monique.

>> that was fun. >> if we could ask the folks to leave the champ quietly we have additional business to complete thank you so with that, i want to thank the public fewer our patience if waiting for the 2:30 accomodation that a special momentum for many of us

colleagues i don't think there's a single person in the chamber who don't have a high opinion of the person to proclaim if we had to do a straw unanimous pole she'd rate higher than all of us monique is someone as we all know has worked as deputy controller for a past dozen years and held numerous incredibly important rules a as panhandle unfortunate with the board of supervisors analyst and served as the cfo for the department of public health as the budget manager for the rec and park department and every roll she's had oh, say can you see by the dawn's early light is someone that provided exemplar management skills and navalal advise and the ability

to support those we're here to service he's meridian entire generations of city staff and must be members of the board of supervisors that have benefited from here thoughtful council and constant belief in the goodness of government moj is someone i've never seen anger and prosperity h has been oh, i guess here daughters are nodding their heads you but here patience with the political discussions and the mirror i can't do of executives appointee at city hall she's been spur human but at the same time she's be able to balance an amazing professional career and also raised a would have family in san francisco earned an mba and

supported a larger community of friends and family with that, you are a operation on the on behalf of the board of supervisors but i'll propose that today october 7, 2014, be declared as monique day in the city and county of san francisco so thank you, monique (clapping) and workplace i'm going to acknowledge colleagues supervisor avalos. >> monique you can't leave us i'm happy our choosing a new pathway in life i'm he excited for you i really can't think that any other person out loud of my own office that has a

major influence on my work on the board of supervisors i've devoted my attendance to the city budget and ever since day one when i arrived at city hall as a protective aid your work was an credible educate to learn the ropes of how the city works you were very, very generous with our knowledge about how all the aspects of the city budget i actually came to the board any first year chairing the budget committee and being comfortable depositing doing that because of the working i've done offer the years with you you've made an incredible impact on the city i've mafshd how were you able to

have a enpelvic knowledge if i asked any questions upper on top of that that's a rare thing it shows such a dedication to the city and i i know on top of i'm looking you and to your family i want to congratulate you for your decades of service and your work and bringing so many of us up here in the city to be doesn't budget watcheser and look at it for that the best interests of the entire city thank you very much and i look forward to seeing you not as an employee of city hall but in our other works wanting to be involved in organizations that support people entertaining with homelessness and looking forward to seeing you then.

>> commissioner chan monique i was dreading that day i worked with you in the mayor's office and then as the atlantic aid staffing and now this rule you've been this instead person with the knowledge and expertise i found you fair to all the supervisors we were lucky to have you vessels our husband and got to work with your daughter as well in our office an interim under president chiu and thank you very much your office and you and all the work you do a lot of times goes unseen but it is a function of our city government so really want to thank you really hope i enjoy our retirement and whoever is filling in our shoes really hope

they can do see so thank you, monique and phil and your family you can have her back now. >> supervisor farrell go thanks president chiu gosh monique i can't believe you're doing this to us you know the last 3 and a half years especially the last two being part of it with my 5 colleagues on the budget committee you're an amazing friend and resource and guidance for after all us no matter where we were on political issues you transcend that and been an amazing guide to all of us it's tough to explain how everyone feels about you and your participation with us and your dialog but you've been an amazing part of it i will not forget the last year's of