December 24, The Board of Supervisors Finally Passed the above listed Charter Amendment on December 18, 2018.
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1 BOARD of SUPERVSORS City Hall 1 Dr. Carlton B. Goodlett Place, Room 244 San Francisco Tel. No Fax No TDDffTY No December 24, 2018 John Arntz, Director of Elections De);?,artment of Elections 1 9r. Carlton B. Goodlett Place, Room 48 ""'-? San Francisco, CA HAND DELVERED Dear MJ. Arntz: Please find attached four ( 4) certified copies each of the following Charter Amendment for the November 5, 2019, Ballot as follows: File No Charter Amendment - Free City College Fund Charter Amendment (Third Draft) to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund; at an election to be held on November 5, The Board of Supervisors Finally Passed the above listed Charter Amendment on December 18, The electronic version of this Charter Amendment is being ed to your office at publications@sfgov.org on December 24, Sincerely, ~..._~\l~ Angela Calvillo Clerk of the Board (Attachments)
2 DEPARTMENT OF ELECTONS City and County of San Francisco JOHN ARNTZ Director ACKNOWLEDGEMENT OF RECEPT Submission of Measures Charter Amendm~ Bonds ccrcleone) Free City College Fund 1) ~ Board of Supervisors (Unofficial Title of Measure) 2) ~Tails 3) ~ Legislative Digest 4) ELECTRONC COPY OF TEXT ' ; ~ EMAL-publications@sfgov.org 5) Contact Person: V_1_ c_to_r_y_o_un, g' Address: 1 Dr. Carlton B. Goodlett Place, Room 244 San Franicsco CA Phone: (415) Date: 12 /_JA j 2018 Submitted By: Victor Young (print) 6) COPES ~ John Arntz- Director of Elections, in consultation with the City Attorney, shall forward the measure (within two working days after receipt of the petition) to departments that are effected by the measure. Publications Public- copy Office- original 1 Dr. Carlton B. Goodlett Place - Rm 48, San Francisco, CA Voice (415) ; Fax (415) ; Vote By Mail Fax (415) ; TDD (415) Revised: 7/24/09
3 City and County of San Francisco Certified Copy City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA Charter Amendment [ Charter Amendment Free City College Fund ] Sponsors: Kim; Mandelman, Yee, Ronen, Brown, Fewer and Safai Charter Amendment (Third Draft) to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund; at an election to be held on November 5, /4/2018 Board of Supervisors - AMENDED Ayes: 3 - Cohen, Stefani and Tang Noes: 7 - Brown, Kim, Mandelman, Peskin, Ronen, Safai and Yee 12/4/2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARNG SAME TTLE Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee 12/4/2018 Board of Supervisors - CONTNUED AS AMENDED Ayes: 10- Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee 12/4/2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARNG NEW TTLE Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and.yee 12//2018 Board of Supervisors - CONTNUED Ayes: - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee 12/18/2018 Board of Supervisors - ORDERED SUBMTED Ayes: 7 - Brown, Fewer, Kim, Mandelman, Ronen, Safai and Yee Noes: 1 - Stefani Excused: 3 - Cohen, Peskin and Tang City and County of San Francisco Pagel Printed at 3:17 pm on
4 File Number: STATE OF CALFORNA CTY AND COUNTY OF SAN FRANCSCO CLERK'S CERTFCATE do hereby certify that the foregoing Charter Amendment is a full, true, and correct copy of the original thereof on file in this office. N WTNESS WHEREOF,. have hereunto set my hand and affixed the offical seal of the City and County of San Francisco. December 20, 2018 Date.a Calvillo Clerk of the Board City and County of San Francisco Page2 Printed at 3:17pm on
5 AMENDED 1N BOARD FLE NO /4/2018 (THRD DRAFT) 1 [Charter Amendment - Free City College Fund] Describing and setting forth a proposal to the voters at an election to be held on November 5, 2019, to amend the Charter of the City and County of San Francisco to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund Section 1. The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to be held on November 5, 2019, a proposal to amend the Charter of the City and County by adding Section , to read as follows: NOTE: Unchanged Charter text and uncodified text are in plain font. Additions are single-underline italics Times New Roman font. Deletions are strike through italics Times New Roman font. Asterisks (* * * *) indicate the omission of unchanged Charter subsections SEC FREE CTY COLLEGE FUND. (a) Establishment o(fund. There is hereby established in the City treaswy the Free Cit); College Fund ("Fund"), to be administered by the Department of Children, Youth, and Their Families ("DCYF"), or any successor agency. Monies in the Fund shall be expended by the City acting through DCYF, subject to the budgetary and fiscal provisions o[the Charter, to provide assistance to San Francisco residents enrolled in City College o[san Francisco ("City College"). (b) Annual Baseline Contributions to the Fund. The City shall make an annual baseline contribution to the Fund for each fiscal year, beginning with fiscal year and ending with fiscal year Tiie annual baseline contributions to the Fund for fiscal years through 2022.:.2023 are as follows: Supervisors Kim; Mandelman, Yee, Ronen, Brown, Fewer, Safai BOARD OF SUPERVSORS Page 1
6 1 For fiscal year , the Citv shall make an annual baseline contribution to the 2 Fund in the amount of $15 million. 3 For fiscal year , the City shall make an annual baseline contribution to the 4 Fund in the amount of$15. 7 million. 5 For fiscal year , the City shall make an annual baseline contribution to the 6 Fund in the amount of$16.4 million. 7 (c) Adjustments to the Baseline Contributions (or FY through FY Each year in fiscal years through , the Controller shall adjust the 9 baseline contribution by the percentage increase or decrease in aggregate City discretionary 10 revenues based on 'calculations consistent -(tom year to year. {d) Projected Budget Deficits. Notwithstanding the provisions of subsection (b), the 12 City, acting through the Board of Supervisors, mav freeze the City's annual contribution to the 13 Fund at the prior year's level for any fiscal year between and including fiscal year through fiscal year when the City's projected budget deficit (or the upcoming fiscal 15 year exceeds $200 million, adjusted annually beginning with fiscal year by the 16 percentage increase or decrease in aggregate City discretionmy revenues, as determined by the 17 Controller, based on calculations consistent from year to year. The Controller shall calculate 18 the City's projected budget deficit at the time of the Joint Report or Update to the Five Year 19 Financial Plan prepared jointly by the Controller, the Mayor's Budget Director, and the Board 20 of Supervisors' Budget Analyst. 21 {e) Aggregate City Discretionary Revenues. n determining aggregate City 22 discretionary revenues under this Section , the Controller shall include only revenues 23 received by the City that are unrestricted and may be used at the option of the Mayor and the 24 Board of Supervisors (or any lawfitl City pitrpose. 25 Supervisors Kim; Mandelman, Yee, Ronen, Brown, Fewer, Safai BOARD OF SUPERVSORS Page2
7 ii (f) Additional Contributions. Notwithstanding subsections (b) and (c), the City may contribute more to the Fund than the annual baseline amounts required under subsections (b) and (c), but those increases shall not alter or aff~ct the amounts o(the City's required annual baseline contributions [or subsequent fiscal years. G;J Unspent and Uncommitted Funds. The Controller shall maintain the Fund separate and apart from all other City fimds. Any amount in the Fund unspent or uncommitted at the end of the fiscal year shall be carried forward to the next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the services and purposes specified in this Section , unless otherwise limited by subsection ail below. (hj Free City College Reserve. Any amount in the Fund in excess of the amount expended in any fiscal year shall constitute the Free City College Reserve ("Reserve"). The total amount in the Reserve may not exceed 20% of that fiscal year's annual baseline. contribution. Any fitnds in excess of the 20% limit shall be returned to the General Fund. (i) Eligible Uses. The City shall use monies from the Fund only to benefit eligible students who are San Francisco residents enrolled in City College or to administer the Fund, as.follows: () Full-Time California Promise Grant Eligible Students: San Francisco residents eligible for a California Promise Grant who attend City College on a full-time basis, and who are receiving state or federal financial aid, may receive a stipend of up to $500 per semester that may be used for books, college fees other than enrollment fees, supplies, and transportation costs related to their enrollment at City College. For purposes of this subsection (i)( ), "full-time basis means enrollment in 12 or more credit units per semester. For purposes o(this subsection (i) {), and subsections (i) (2) and {i) (3 ), a California Promise Grant means a grant established by Part 40.2 (commencing with Section 67430) ofdivision 5 o[title 3 of the Supervisors Kim; Mandelman, Yee, Ronen, Brown, Fewer, Safai BOARD OF SUPERVSORS Page 3
8 California Education Code, any sttccessor California grant program, or any California or federal grant program that fimds community college tuition fees. (2) Part-Time California Promise Grant Eligible Students: San Francisco residents eligible (or a California Promise Grant who attend City College on a part-time basis, and who are receiving state or federal financial aid, may receive a stipend of up to $250 per semester that may be used (or books, college fees other than enrollment fees, supplies, and transportation costs related to their enrollment at City College. For purposes of this subsection 0)(2), "part-time basis" means enrollment in 6 to credit units per semester. (3) Students neligible for a California Promise Grant: Subject to available l1 appropriated (imds, Lhe City shall expend monies in the Fund tu pav all enrolltnent fees (or San Francisco residents who are ineligible {or a California Promise Grant. (4) Stipend Amount Adjustment. The Controller shall adjust the stipend amount in subsections (i)(j) and (i)(2) annually for all fiscal years starting with fiscal year , in accordance with the Consumer Price ndex. The Controller shall use (or these purposes the San Francisco All tems Consumer Price ndex for All Urban Consumers (CP-U), or its successor, as reported by the US. Department o(labor's Bureau o(labor Statistics. (5) Administrative Costs. The City may expend money in the Fund to cover the actual costs o(the Controller and DCYF, for administration of the Fund. 02 Board ofsupervisors Amendments. (1) The Board ofsupervisors niay from time to time, by an ordinance adopted by a majority o(the Board, increase or decrease the stipend amount to Calif6rnia Promise Grant eligible students in subsections {i)(j) and/or (i)(2) and, as applicable, the adjusted stipend amount under subsection {i)(4). (2) The Board of Supervisors may from.time to time, bv an ordinance adopted by a two-thirds majority of the Board, expand the eligible uses o(the Fund to permit the City to use Supervisors Kim; Mandelman, Yee, Ronen, Brown, Fewer, Safai BOARD OF SUPERVSORS Page4
9 monies from the Fund to benefit any or all students enrolled at City College by defraying anv 1 costs related to their enrollment in City College. 1 1 (3) By June 30, 2025, and by no later than June 30 each fiscal year thereafter, the Board of Supervisors may, bv resolution adopted bv a two-thirds majority ofthe Board adjust contributions to the Fund for the upcoming fiscal year if{a) the amount in the Reserve is 20% of that year's annual baseline contribution and {B) the Board of Supervisors finds that City College has sufficient resources to fund the stipends set forth in subsections (i) (1) and {i) (2) and,. 'tl 1 as applicable, the' adjusted stipend amounts under subsection (i)(4), and to pay all enrollment 1 fees for San Francisco residents who are ineligible for a California Promise Grant. {/<) Report n fiscal year , the Controller shall produce and tile with the 1 Board of Supervisors, a report on the Fund 1!, a> Sunset. The provisions of Section shall expire at the end of Fiscal Year , at which time all unexpended and uncommitted funds shall revert to the General Fund. APPROVED AS TO FORM:. DENNS J. HERRERA, City Attorney By: /::\//).vl~- Jl\:NA CifARK,:; Deputy City Attorney j n:\legana\as2018\ \ docx Supervisors Kim; Mandelman, Yee, Ronen, Brown, Fewer, Safai! BOARD OF SUPERVSORS ii Page5
10 City and County of San Francisco Tails Charter Amendment CilyHall l Dr. Carlton B. Goodlett Place San Francisco, CA File Number: Date Passed: December 18, 2018 Charter Amendment (Third Draft) to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund; at an election to be held on November 5, November 28, 2018 Rules Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARNG SAME TTLE November 28, 2018 Rules Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARNG SAME TTLE November 28, 2018 Rules Committee - CONTNUED AS AMENDED December 03, 2018 Rules Committee - REFERRED WTHOUT RECOMMENDATON AS COMMTTEE REPORT December 04, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARNG NEW TTLE Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee December 04, 2018 Board of Supervisors - NOT AMENDED Ayes: 3 - Cohen, Stefani and Tang Noes: 7 - Brown; Kim, Mandelman, Peskin, Ronen, Safai and Yee Excused: 1 - Fewer December 04, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARNG SAME TTLE Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee. December 04, 2018 Board of Supervisors - CONTNUED AS AMENDED Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee December, 2018 Board of Supervisors - CONTNUED Ayes: - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Rorien, Safai, Stefani, Tang and Yee City and County of San Francisco Page Printed at 2:52 pm on
11 December 18, 2018 Board of Supervisors - ORDERED SUBMTTED Ayes: 7 - Brown, Fewer, Kim, Mandelman, Ronen, Safai and Yee Noes: 1 - Stefani Excused: 3 - Cohen, Peskin and Tang File No hereby certify that the foregoing Charter Amendment was ORDERED SUBMTTED on 128/2018 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board City and County of Srm Frrmcisco Page2 Printed at 2:52 pm
12 FLE NO [Charter Amendment - Free City College Fund] REVSED LEGSLATVE DGEST (Third Draft, 12/4/2018) Describing and setting forth a proposal to the voters at an election to be held on November 5, 2019, to amend the Charter of the City and County of San Francisco to establish the Free City College Fund to defray certain costs of City College stud~nts, and to require annual appropriations in designated amounts to the Fund. Existing Law n 2016, by ordinance, the City established the San Francisco City College Financial Assistance Fund as a category four fund to provide financial assistance to students at City College of San Francisco ("City College"). The ordinance further provided that the Department of Children, Youth, and Their Families ("DCYF") would administer the fund and use monies in the fund to make grants to reimburse City College for enrollment fees and other education-related financial support for students. Amendments to Current Law The proposal is a Charter amendment that establishes the Free City College Fund ("Fund"), to be administered by DCYF. The proposal would require that the Controller maintain the Fund separate and apart from all other City funds and carry forward to the next fiscal year any amount in the Fund unspent or uncommitted at the end of the fiscal year. The proposal would require that monies in the Fund be used by the City to benefit San Francisco residents enrolled in Ci.ty College by providing funds for student stipends to cover education costs, subject to certain defined conditions, and to cover the City's costs related to administering the Fund. The proposal would require that beginning in fiscal year the City annually appropriate a "baseline amount" to the Fund as follows: For fiscal year $15 million.. For fiscal year $15.7 million. For fiscal year $16.4 million. The proposal would require that for fiscal years through , the Controller would adjust the baseline contribution by the percentage increase or decrease in aggregate City discretionary revenues. BOARD OF SUPERVSORS Page 1
13 FLE NO The proposal would allow the City to suspend growth in the baseline for any year in which the Controller, projected a budget deficit of $200 million or more. The proposal would allow the City to contribute more to the Fund than the annual baseline amounts required, without affecting the City's required baseline contribution. The proposal would require that any amount in the Fund over what is spent in any fiscal year be kept in the Free City College Reserve ("Reserve"). But the total amount in the Reserve would not be allowed to exceed 20% of the next year's annual baseline contribution. Any amount over the 20% limit would be returned to the General Fund. The proposal would allow the Board to adjust the student stipend amounts by a majority vote and would allow the Board, by a two-thirds majority vote, to expand the eligible uses of the Fund to benefit any or all students enrolled at City College by defraying any costs related to their enrollment in City College. Finally, the proposal would require the Controller to produce and file with the Board a report on the Fund, in fiscal year Background This third draft of the proposal would permit the Board of Supervisors to, by resolution adopted by a two-thirds majority of the Board, adjust contributions to the Fund for the upcoming fiscal year if (A) the amount in the Reserve is 20% of that year's annual baseline contribution and (B) the Board of Supervisors finds that City College has sufficient resources to fund the program. This proposal also would change the date on which the Controller's report was due to fiscal year n:\legana\as2018\ \ docx BOARD OF SUPERVSORS Page 2
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