# Board of Supervisors Minutes: September 18, 2012 - Meeting date: 2012-09-18 - Document type: minutes - Source format: PDF - Extracted pages: 23 - [Canonical HTML transcript](https://sfbos.info/documents/58/2012-09-18-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=209069&GUID=723A4624-C09C-4B4F-BEEB-9EEAA3F66C2B) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 120820: Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2012-2013 - Pages: 6-7 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 120820 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2012-2013] Sponsor: Mayor Ordinance providing revenue and levying property taxes at a combined rate of $1.1691 on each $100.00 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing pass-through rate of $0.0810 per $100.00 of assessed value for residential tenants pursuant to Chapter 37 of the Administrative Code for the fiscal year ending June 30, 2013. (Fiscal Impact) Ordinance No. 199-12 FINALLY PASSED by the following vote: play video - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120631: Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties - Pages: 7-8 - Sponsors: Wiener - Vote 1: first-reading - Action: he requirement to: (a) obtain a certificate of authority, (b) make monthly tax prepayments, (c) obtain a parking tax bond, and (d) providing amnesty from parking taxes, interest, penalties and fees owed for tax periods ending before April 1, 2011; 2) amending the Business and Tax Regulations Code Section 2219.7 to exempt property owners and managers registered pursuant to Section 609 from the requirement to pay the Revenue Control Equipment compliance fee; 3) amending the Planning Code Section 204.5 to allow as an accessory use up to five dwelling unit parking spaces to be leased to persons living off-site anywhere in the City; 4) making conforming changes to the Planning Code Section 150(d); 5) amending the Police Code Section 1215 to eliminate the requirement to hold a commercial parking permit for property owners and managers registered pursuant to Section 609 of the Business and Tax Regulations Code; and 6) making environmental findings and findings of consistency with the general plan. Supervisor Olague, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED to October 2, 2012. Supervisor Olague withdrew the motion. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Noes: Olague - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Campos, moved to RESCIND the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Supervisor Wiener, seconded by Supervisor Chu, moved that Ordinance be AMENDED on Page 2, Line 16, by adding 'by' after 'herby amended'; on Page 3, Lines 10-13, by replacing 'earlier than 24 months prior to the effective date of the Ordinance' with 'for tax periods ending before April 1, 2011'; on Page 5, Line 19, by deleting 'taxes for failure to report and remit'; and on Page 6, Line 5, by adding 'of' after 'under the provisions'. The motion to Amend carried by the following vote: play video - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 4: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Noes: Olague ### File 111371: Administrative Code - CleanPowerSF Funds and Appropriating $19,500,000 of Available Fund Balance to Support Required Reserves and Creating Special Funds for the CleanPowerSF Program at the Public Utilities Commission - Pages: 8-9 - Sponsors: Campos - Vote 1: first-reading - Action: am at the Public Utilities Commission] Sponsor: Campos Ordinance appropriating $19,500,000 of Hetch Hetchy fund balance at the Public Utilities Commission to support CleanPowerSF Community Choice Aggregation program consistent with the contractual requirements and budgetary authorizations as approved by the San Francisco Public Utilities Commission and the Board of Supervisors, placing the $6,000,000 appropriated for CleanPowerSF sustainability services on Budget and Finance Committee Reserve pending detailed appropriation plans for those sustainability services, and adding Administrative Code Sections 10.100.372 and 10.100.373 to establish the CleanPowerSF Customer Fund and the CleanPowerSF Reserve Fund. (Public Utilities Commission) (Fiscal Impact) Privilege of the floor was granted to Ed Harrington, General Manager, San Francisco Public Utilities Commission; Theresa Mueller and Jon Givner (City Attorney's Office); who responded to questions raised throughout the discussion regarding File Nos. 111340 and 111371. Supervisor Wiener, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING to September 25, 2012. The motion FAILED by the following vote: - Ayes: Chu, Elsbernd, Farrell, Wiener - Noes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague - Vote 2: amendment - Action: Supervisor Kim, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 3, Lines 1-4, by adding the following subsection (b) 'Incentives for Energy Conservation and Efficiency services and GoSolarSF incentives funded with the $4,000,000 appropriation shall be offered first to low-income CleanPowerSF customers'. The motion carried by the following vote: play video - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Supervisor Chu, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED on Page 4, Lines 1-4, to add 'The SFPUC will recommend the inclusion in the CleanPowerSF rates a component to begin recovering the reserves required for this program within the contract period so that customers of CleanPowerSF will bear the cost of the program'. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Wiener - Noes: Avalos, Kim, Olague - Vote 4: other - Action: Supervisor Farrell moved to DIVIDE the question relating to '$6,000,000 appropriated for GoSolarSF for CCA Customers, CCA-Owned Generation and Energy Conservation & Efficiency for CCA Customers (CleanPowerSF sustainability services) are hereby placed on Budget and Finance Committee Reserve pending detailed appropriation plans for CleanPowerSF sustainability services' located on Page 4, Lines 1 through 4. The question PASSED AS DIVIDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 5: first-reading - Action: PASSED ON FIRST READING AS AMENDED AND DIVIDED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener - Noes: Chu, Elsbernd, Farrell ## Extracted text ### [Page 7](https://sfbos.info/documents/58/2012-09-18-minutes#page-7) Board of Supervisors Meeting Minutes 9/18/2012 NEW BUSINESS Recommendations of the Budget and Finance Committee 120631 [Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties] Sponsor: Wiener Ordinance: 1) amending the San Francisco Business and Tax Regulations Code by adding Section 609 to establish Parking Tax Simplification for Residential Properties to relieve residential property owners and managers renting five or fewer parking spaces in Parking Stations physically attached to or otherwise associated with the building from the requirement to: (a) obtain a certificate of authority, (b) make monthly tax prepayments, (c) obtain a parking tax bond, and (d) providing amnesty from parking taxes, interest, penalties and fees owed for tax periods ending before April 1, 2011; 2) amending the Business and Tax Regulations Code Section 2219.7 to exempt property owners and managers registered pursuant to Section 609 from the requirement to pay the Revenue Control Equipment compliance fee; 3) amending the Planning Code Section 204.5 to allow as an accessory use up to five dwelling unit parking spaces to be leased to persons living off-site anywhere in the City; 4) making conforming changes to the Planning Code Section 150(d); 5) amending the Police Code Section 1215 to eliminate the requirement to hold a commercial parking permit for property owners and managers registered pursuant to Section 609 of the Business and Tax Regulations Code; and 6) making environmental findings and findings of consistency with the general plan. Supervisor Olague, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED to October 2, 2012. Supervisor Olague withdrew the motion. PASSED ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Noes: 1 - Olague Supervisor Wiener, seconded by Supervisor Campos, moved to RESCIND the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Wiener, seconded by Supervisor Chu, moved that Ordinance be AMENDED on Page 2, Line 16, by adding 'by' after 'herby amended'; on Page 3, Lines 10-13, by replacing 'earlier than 24 months prior to the effective date of the Ordinance' with 'for tax periods ending before April 1, 2011'; on Page 5, Line 19, by deleting 'taxes for failure to report and remit'; and on Page 6, Line 5, by adding 'of' after 'under the provisions'. The motion to Amend carried by the following vote: play video Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Noes: 1 - Olague City and County of San Francisco Page 652 Printed at 1:20 pm on 11/5/12 ### [Page 8](https://sfbos.info/documents/58/2012-09-18-minutes#page-8) Board of Supervisors Meeting Minutes 9/18/2012 111371 [Administrative Code - CleanPowerSF Funds and Appropriating $19,500,000 of Available Fund Balance to Support Required Reserves and Creating Special Funds for the CleanPowerSF Program at the Public Utilities Commission] Sponsor: Campos Ordinance appropriating $19,500,000 of Hetch Hetchy fund balance at the Public Utilities Commission to support CleanPowerSF Community Choice Aggregation program consistent with the contractual requirements and budgetary authorizations as approved by the San Francisco Public Utilities Commission and the Board of Supervisors, placing the $6,000,000 appropriated for CleanPowerSF sustainability services on Budget and Finance Committee Reserve pending detailed appropriation plans for those sustainability services, and adding Administrative Code Sections 10.100.372 and 10.100.373 to establish the CleanPowerSF Customer Fund and the CleanPowerSF Reserve Fund. (Public Utilities Commission) (Fiscal Impact) Privilege of the floor was granted to Ed Harrington, General Manager, San Francisco Public Utilities Commission; Theresa Mueller and Jon Givner (City Attorney's Office); who responded to questions raised throughout the discussion regarding File Nos. 111340 and 111371. Supervisor Wiener, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING to September 25, 2012. The motion FAILED by the following vote: Ayes: 4 - Chu, Elsbernd, Farrell, Wiener Noes: 7 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague Supervisor Kim, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 3, Lines 1-4, by adding the following subsection (b) 'Incentives for Energy Conservation and Efficiency services and GoSolarSF incentives funded with the $4,000,000 appropriation shall be offered first to low-income CleanPowerSF customers'. The motion carried by the following vote: play video Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Chu, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED on Page 4, Lines 1-4, to add 'The SFPUC will recommend the inclusion in the CleanPowerSF rates a component to begin recovering the reserves required for this program within the contract period so that customers of CleanPowerSF will bear the cost of the program'. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Wiener Noes: 3 - Avalos, Kim, Olague Supervisor Farrell moved to DIVIDE the question relating to '$6,000,000 appropriated for GoSolarSF for CCA Customers, CCA-Owned Generation and Energy Conservation & Efficiency for CCA Customers (CleanPowerSF sustainability services) are hereby placed on Budget and Finance Committee Reserve pending detailed appropriation plans for CleanPowerSF sustainability services' located on Page 4, Lines 1 through 4. The question PASSED AS DIVIDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener PASSED ON FIRST READING AS AMENDED AND DIVIDED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener Noes: 3 - Chu, Elsbernd, Farrell City and County of San Francisco Page 653 Printed at 1:20 pm on 11/5/12