# Board of Supervisors Minutes: May 24, 2016 - Meeting date: 2016-05-24 - Document type: minutes - Source format: PDF - Extracted pages: 28 - [Canonical HTML transcript](https://sfbos.info/documents/348/2016-05-24-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=498880&GUID=0EBDF86B-3A62-4FF2-96B5-EEEBB431060E) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160225: Administrative Code - Best Value Public Works Procurement - Pages: 3-4 - Sponsors: Wiener; Tang, Breed and Yee - Vote 1: final-passage, likely final - Action: 160225 [Administrative Code - Best Value Public Works Procurement] Sponsors: Wiener; Tang, Breed and Yee Ordinance amending the Administrative Code to allow departments authorized to perform public work to procure public work contracts through a best value process that selects contractors using a combination of price and qualifications, with bid discounts applicable to price; and to require completion of public works contractor performance evaluations, and to require the creation and maintenance of a database to collect the contractor performance evaluations. Ordinance No. 094-16 FINALLY PASSED by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Noes: Avalos ### File 160358: Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016 - Pages: 4 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: d Overtime Expenditures - $24,682,824 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $4,112,120 surplus revenues, de-appropriating $20,570,704 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $24,682,824 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Public Health Department, Public Utilities Commission, and the Police Department operating budgets in order to support the Departments’ projected increases in overtime as required per Ordinance No. 194-11 in FY2015-2016; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Fire Department overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) Supervisor Farrell requested that the question for this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission separately. Ordinance No. 095-16 The divided question relating to the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission was FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: final-passage, likely final - Action: The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED by the following vote: - Ayes: Breed, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Campos, Cohen, Kim, Peskin - Vote 3: rescission - Action: Supervisor Cohen, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 4: final-passage, likely final - Action: Ordinance No. 095-16 The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Campos, Kim, Peskin ### File 160295: Lease Agreement - Bank of America, N.A. - $365,000 Minimum Annual Guarantee - Pages: 4-5 - Vote 1: adoption, likely final - Action: 160295 [Lease Agreement - Bank of America, N.A. - $365,000 Minimum Annual Guarantee] Resolution approving the Domestic Terminals 1 and 3 Automated Teller Machines Lease No. 16-0070 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $365,000 for the first year of the Lease for a five-year term to commence following Board approval, with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Resolution No. 203-16 ADOPTED by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Kim, Peskin ### File 160296: Lease Agreement - Bank of America, N.A. - $270,000 Minimum Annual Guarantee - Pages: 5 - Vote 1: adoption, likely final - Action: 160296 [Lease Agreement - Bank of America, N.A. - $270,000 Minimum Annual Guarantee] Resolution approving the International Terminal Automated Teller Machines Lease No. 16-0069 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $270,000 for the first year of the Lease for a five-year term to commence following Board approval with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Resolution No. 204-16 ADOPTED by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Kim, Peskin ### File 160022: Administrative Code - Due Process for All and Sanctuary - Pages: 5-6 - Sponsors: Avalos; Campos, Kim, Mar and Peskin - Vote 1: amendment - Action: unanimously to Sheriff Vicki Hennessy (Sheriff’s Department) who responded to questions raised throughout the discussion, acknowledged the collaborated efforts with the sponsor, and stated that she was in agreement with the proposed amendments. Supervisor Avalos, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 5, by adding ‘or serious’, Line 6, by adding ‘or serious’, and adding ‘and modifying reporting requirements’, Line 19, by striking ‘the immigration’, and Line 20, by adding ‘or any other such personal information as defined in Chapter 12I'; on Page 2, Lines 8-9, by adding ‘or any other such personal information as defined in Chapter 12I’; on Page 11, Line 24, through Page 12, Line 5, by adding the definition of ‘Serious Felony’; on Page 13, Line 12, through Page 14, Line 11, by adding three exceptions to the requirement that law enforcement officials not respond to a federal immigration officer’s request; and on Page 15, Lines 5-20, by changing the required ‘Annual Report’ to a ‘Semiannual Report’ with additional information that the Report will include. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: first-reading - Action: Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent or serious felony and held to answer for a violent or serious felony, and modify reporting requirements. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ## Extracted text ### [Page 4](https://sfbos.info/documents/348/2016-05-24-minutes#page-4) Board of Supervisors Meeting Minutes 5/24/2016 160358 [Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $4,112,120 surplus revenues, de-appropriating $20,570,704 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $24,682,824 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Public Health Department, Public Utilities Commission, and the Police Department operating budgets in order to support the Departments’ projected increases in overtime as required per Ordinance No. 194-11 in FY2015-2016; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Fire Department overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) Supervisor Farrell requested that the question for this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission separately. Ordinance No. 095-16 The divided question relating to the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission was FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED by the following vote: Ayes: 6 - Breed, Farrell, Mar, Tang, Wiener, Yee Noes: 5 - Avalos, Campos, Cohen, Kim, Peskin Supervisor Cohen, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Ordinance No. 095-16 The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED by the following vote: Ayes: 7 - Breed, Cohen, Farrell, Mar, Tang, Wiener, Yee Noes: 4 - Avalos, Campos, Kim, Peskin Upon passage of both the divided portion and the remaining balance of the question, the Ordinance was finally passed as a whole. President Breed requested File Nos. 160295 and 160296 be called together. 160295 [Lease Agreement - Bank of America, N.A. - $365,000 Minimum Annual Guarantee] Resolution approving the Domestic Terminals 1 and 3 Automated Teller Machines Lease No. 16-0070 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $365,000 for the first year of the Lease for a five-year term to commence following Board approval, with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Resolution No. 203-16 ADOPTED by the following vote: Ayes: 8 - Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee Noes: 3 - Avalos, Kim, Peskin City and County of San Francisco Page 397 Printed at 12:33 pm on 7/5/16 ### [Page 5](https://sfbos.info/documents/348/2016-05-24-minutes#page-5) Board of Supervisors Meeting Minutes 5/24/2016 160296 [Lease Agreement - Bank of America, N.A. - $270,000 Minimum Annual Guarantee] Resolution approving the International Terminal Automated Teller Machines Lease No. 16-0069 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $270,000 for the first year of the Lease for a five-year term to commence following Board approval with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Resolution No. 204-16 ADOPTED by the following vote: Ayes: 8 - Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee Noes: 3 - Avalos, Kim, Peskin Recommendation of the Public Safety and Neighborhood Services Committee 160022 [Administrative Code - Due Process for All and Sanctuary] Sponsors: Avalos; Campos, Kim, Mar and Peskin Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent felony and held to answer for a violent felony. Privilege of the floor was granted unanimously to Sheriff Vicki Hennessy (Sheriff’s Department) who responded to questions raised throughout the discussion, acknowledged the collaborated efforts with the sponsor, and stated that she was in agreement with the proposed amendments. Supervisor Avalos, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 5, by adding ‘or serious’, Line 6, by adding ‘or serious’, and adding ‘and modifying reporting requirements’, Line 19, by striking ‘the immigration’, and Line 20, by adding ‘or any other such personal information as defined in Chapter 12I'; on Page 2, Lines 8-9, by adding ‘or any other such personal information as defined in Chapter 12I’; on Page 11, Line 24, through Page 12, Line 5, by adding the definition of ‘Serious Felony’; on Page 13, Line 12, through Page 14, Line 11, by adding three exceptions to the requirement that law enforcement officials not respond to a federal immigration officer’s request; and on Page 15, Lines 5-20, by changing the required ‘Annual Report’ to a ‘Semiannual Report’ with additional information that the Report will include. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent or serious felony and held to answer for a violent or serious felony, and modify reporting requirements. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 398 Printed at 12:33 pm on 7/5/16