# 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 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 ### File 111340: Contract - Shell Energy North America and Approval of the CleanPowerSF Program Including Local Sustainability Services - Pages: 9-10 - Sponsors: Campos - Vote 1: continuance - Action: 111340 [Contract - Shell Energy North America and Approval of the CleanPowerSF Program Including Local Sustainability Services] Sponsor: Campos Resolution authorizing the Public Utilities Commission, subject to conditions, to launch the CleanPowerSF program, approving local sustainability services for CleanPowerSF customers, and authorizing the General Manager of the Public Utilities Commission to execute a contract with Shell Energy North America for a term of up to five years for services required to launch the CleanPowerSF program; and delegating authority to non-materially amend or modify the contract. (Supervisor Chu dissented in Committee) (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 Resolution be CONTINUED 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: rejection - Action: rs to participation for low income residents; on Page 1, Page 17, Lines 6 and 7, to replace 'That the Board of Supervisors supports an appropriate rate discount for low income CleanPowerSF customers' with 'That the Board of Supervisors strongly urges the SFPUC to provide an appropriate rate discount for low income ClanPowerSF customers and to incorporate into all CleanPowerSF rates a component for a hardship fund to support additional discounts for low income customers that require additional financial assistance to participate in the program'; on Page 17, Line 8, by adding 'FURTHER RESOLVED, That the Board of Supervisors strongly urges the SFPUC to eliminate the CleanPowerSF departure charge for a Clean PowerSF residential customer returning to PG&E services for at least a 6 month period, and after that time period, to set the charge at no more than a de minimis amount of five dollars'; and adding 'FURTHER RESOLVED, That, pursuant to its authority under Charter Section 8B125, the Board will consider rejecting rates that do not reflect the policies described in this resolution to address the needs of low-income and monolingual communities'. The motion carried by the following vote: - 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 Resolution be AMENDED on Page 5 by adding 'The initial phases of Clean PowerSF will offer service only to those customers who have indicated a desire to be included in the initial marketing of the program'; and on Page 16 by adding 'The SFPUC shall not commit to buy power from Shell unless the Commission determines that a quantity of customers sufficient to ensure the financial viability of the program has indicated a desire to be included in the initial marketing of the program'. The motion FAILED by the following vote: play video - Ayes: Chu, Elsbernd, Farrell - Noes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener - Vote 4: amendment - Action: Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be AMENDED on Page 9 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 5: adoption, likely final - Action: City and County of San Francisco Page 654 Printed at 1:20 pm on 11/5/12 Board of Supervisors Meeting Minutes 9/18/2012 (Fiscal Impact) Resolution No. 348-12 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener - Noes: Chu, Elsbernd, Farrell ## Extracted text ### [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 ### [Page 9](https://sfbos.info/documents/58/2012-09-18-minutes#page-9) Board of Supervisors Meeting Minutes 9/18/2012 111340 [Contract - Shell Energy North America and Approval of the CleanPowerSF Program Including Local Sustainability Services] Sponsor: Campos Resolution authorizing the Public Utilities Commission, subject to conditions, to launch the CleanPowerSF program, approving local sustainability services for CleanPowerSF customers, and authorizing the General Manager of the Public Utilities Commission to execute a contract with Shell Energy North America for a term of up to five years for services required to launch the CleanPowerSF program; and delegating authority to non-materially amend or modify the contract. (Supervisor Chu dissented in Committee) (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 Resolution be CONTINUED 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 Resolution be AMENDED on Page 9, Line 10, by adding a new Section 4 concerning 'Low Income Customers and Clean Power SF Program Accessibility'; on Page 18, Line 1, by adding two resolved clauses related to priority to low income CleanPowerSF customers, undertaking an aggressive outreach campaign, urging the SFPUC to minimize barriers to participation for low income residents; on Page 1, Page 17, Lines 6 and 7, to replace 'That the Board of Supervisors supports an appropriate rate discount for low income CleanPowerSF customers' with 'That the Board of Supervisors strongly urges the SFPUC to provide an appropriate rate discount for low income ClanPowerSF customers and to incorporate into all CleanPowerSF rates a component for a hardship fund to support additional discounts for low income customers that require additional financial assistance to participate in the program'; on Page 17, Line 8, by adding 'FURTHER RESOLVED, That the Board of Supervisors strongly urges the SFPUC to eliminate the CleanPowerSF departure charge for a Clean PowerSF residential customer returning to PG&E services for at least a 6 month period, and after that time period, to set the charge at no more than a de minimis amount of five dollars'; and adding 'FURTHER RESOLVED, That, pursuant to its authority under Charter Section 8B125, the Board will consider rejecting rates that do not reflect the policies described in this resolution to address the needs of low-income and monolingual communities'. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be AMENDED on Page 5 by adding 'The initial phases of Clean PowerSF will offer service only to those customers who have indicated a desire to be included in the initial marketing of the program'; and on Page 16 by adding 'The SFPUC shall not commit to buy power from Shell unless the Commission determines that a quantity of customers sufficient to ensure the financial viability of the program has indicated a desire to be included in the initial marketing of the program'. The motion FAILED by the following vote: play video Ayes: 3 - Chu, Elsbernd, Farrell Noes: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be AMENDED on Page 9 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 City and County of San Francisco Page 654 Printed at 1:20 pm on 11/5/12