# Board of Supervisors Minutes: September 25, 2012 - Meeting date: 2012-09-25 - Document type: minutes - Pages in official PDF: 22 - [Canonical HTML transcript](https://sfbos.info/documents/60/2012-09-25-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=210124&GUID=746AC876-E495-45EE-A68C-6434025855E8) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 120942: Committee of the Whole - Public Hearing - Ordinance of the Successor Agency to the Former Redevelopment Agency - Pages: 10-11 ### File 120898: Successor Agency to the Former Redevelopment Agency - Pages: 11-13 - Vote 1: first-reading - Action: uthority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Privilege of the floor was granted to Jason Elliot (Mayor's Office); Jon Givner (City Attorney's Office); who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to October 2, 2012. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Olague - Noes: Chu, Cohen, Elsbernd, Farrell, Mar, Wiener - Vote 2: amendment - Action: Supervisor Olague, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED to clarify that the Board of Supervisors will retain review and approval power over the Successor Agency to the Former Redevelopment Agency's operational budget; and require the Successor Agency to the Former Redevelopment Agency provide a report within 120 days concerning a roadmap for future activities. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Supervisor Kim, seconded by Supervisor Campos, moved that the Ordinance be AMENDED to require that two out of the five seats of the Successor Agency be representatives of at least two of the three area plans. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Olague - Noes: Chu, Elsbernd, Farrell, Mar, Wiener - Vote 4: rescission - Action: Supervisor Kim, 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 5: amendment - Action: Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require that two out of the five members be residents of the two supervisorial districts that include the largest portions of the three major plan areas. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague - Noes: Chu, Elsbernd, Farrell, Wiener - Vote 6: amendment - Action: mission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Supervisor Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED on Page 13, Lines 2-3, to strike 'The Commission may delegate to the Executive Director any of its duties it deems appropriate'. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Olague - Noes: Chu, Elsbernd, Farrell, Mar, Wiener - Vote 7: rescission - Action: Supervisor Cohen, seconded by Supervisor Chu, 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 8: amendment - Action: Supervisor Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED to strike language that would allow the Board to delegate authority to their Executive Director. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Olague - Noes: Chu, Cohen, Elsbernd, Farrell, Mar, Wiener - Vote 9: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Noes: Campos ### File 120928: Summary Vacation of Public Service Easement; Approval of Sale of Easement Interest - 1407-1435 Market Street - Pages: 13 - Vote 1: first-reading - Action: 120928 [Summary Vacation of Public Service Easement; Approval of Sale of Easement Interest - 1407-1435 Market Street] Sponsor: Kim Ordinance ordering the summary vacation of public service easement and approving sale for $77,000 of City's interest in vacated easement over property located at 1407-1435 Market Street; adopting findings pursuant to the California Streets and Highways Code Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation and sale are in conformity with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing official acts in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Absent: Chu ### File 120872: Reappointment, Public Utilities Commission - Ann Moller Caen - Pages: 13-14 - Vote 1: approval, likely final - Action: 120872 [Reappointment, Public Utilities Commission - Ann Moller Caen] Motion approving/rejecting the Mayor’s reappointment of Ann Moller Caen, to the Public Utilities Commission, Seat No. 3, for the unexpired portion of a four-year term ending August 1, 2016. (Clerk of the Board) Motion No. M12-107 APPROVED by the following vote: play video - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ## Extracted text ### [Page 11](https://sfbos.info/documents/60/2012-09-25-minutes#page-11) Board of Supervisors Meeting Minutes 9/25/2012 120898 [Successor Agency to the Former Redevelopment Agency] Sponsors: Mayor; Kim, Cohen and Olague Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco"; 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency employees; 4) creating the Successor Agency Commission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Privilege of the floor was granted to Jason Elliot (Mayor's Office); Jon Givner (City Attorney's Office); who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to October 2, 2012. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Kim, Olague Noes: 6 - Chu, Cohen, Elsbernd, Farrell, Mar, Wiener Supervisor Olague, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED to clarify that the Board of Supervisors will retain review and approval power over the Successor Agency to the Former Redevelopment Agency's operational budget; and require the Successor Agency to the Former Redevelopment Agency provide a report within 120 days concerning a roadmap for future activities. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Kim, seconded by Supervisor Campos, moved that the Ordinance be AMENDED to require that two out of the five seats of the Successor Agency be representatives of at least two of the three area plans. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Cohen, Kim, Olague Noes: 5 - Chu, Elsbernd, Farrell, Mar, Wiener Supervisor Kim, 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 Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require that two out of the five members be residents of the two supervisorial districts that include the largest portions of the three major plan areas. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague Noes: 4 - Chu, Elsbernd, Farrell, Wiener City and County of San Francisco Page 676 Printed at 1:22 pm on 11/5/12 ### [Page 12](https://sfbos.info/documents/60/2012-09-25-minutes#page-12) Board of Supervisors Meeting Minutes 9/25/2012 Ordinance of the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco implementing the State redevelopment dissolution law known as AB X1 26 (2011) in furtherance of the recently adopted amendments to that law known as AB 1484 and of previously adopted City policies, by: 1) acknowledging that AB 1484 provides that the Successor Agency is a separate legal entity from the City, with the Successor Agency holding all of the transferred assets and obligations of the former Redevelopment Agency (other than the affordable housing assets ) distinct from the City, and with the Oversight Board performing specific functions set forth in the State redevelopment dissolution law; 2) officially naming the Successor Agency as the "Successor Agency to the Redevelopment Agency of the City and County of San Francisco;" 3) acknowledging that former Redevelopment Agency employees who became Successor Agency employees by operation of AB 26 and were assigned to R classifications, and who continued in those R classifications through the effective date of AB 1484, shall continue to be Successor Agency employees; 4) creating the Successor Agency Commission as the policy body of the Successor Agency and delegating to it the authority to act in place of the former Redevelopment Agency Commission to implement the surviving redevelopment projects, the replacement housing obligations and other enforceable obligations and the authority to take actions that the State redevelopment dissolution law requires or allows on behalf of the Successor Agency; 5) establishing the composition and terms of the members of the Successor Agency Commission, setting forth voting requirements and providing for the Successor Agency Commission to appoint an Executive Director of the Successor Agency; 6) authorizing the Successor Agency to retain the City Attorney as its legal counsel; 7) ratifying prior acts; and 8) authorizing and directing the Successor Agency Commission to take all appropriate steps to effectuate the purpose of this ordinance consistent with the State redevelopment dissolution law. Supervisor Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED on Page 13, Lines 2-3, to strike 'The Commission may delegate to the Executive Director any of its duties it deems appropriate'. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Cohen, Kim, Olague Noes: 5 - Chu, Elsbernd, Farrell, Mar, Wiener Supervisor Cohen, seconded by Supervisor Chu, 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 Campos, seconded by Supervisor Avalos, moved that the Ordinance be AMENDED to strike language that would allow the Board to delegate authority to their Executive Director. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Chiu, Kim, Olague Noes: 6 - Chu, Cohen, Elsbernd, Farrell, Mar, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Noes: 1 - Campos City and County of San Francisco Page 677 Printed at 1:22 pm on 11/5/12 ### [Page 13](https://sfbos.info/documents/60/2012-09-25-minutes#page-13) Board of Supervisors Meeting Minutes 9/25/2012 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Mar, seconded by Supervisor Avalos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Mar recognized the accomplishments of Todd David, Founder of Ed Match, and Michelle Parker, Parent Teacher Association, for their work in supporting the San Francisco school system and continued community support. COMMITTEE REPORTS play video Recommendation of the Land Use and Economic Development Committee 120928 [Summary Vacation of Public Service Easement; Approval of Sale of Easement Interest - 1407-1435 Market Street] Sponsor: Kim Ordinance ordering the summary vacation of public service easement and approving sale for $77,000 of City's interest in vacated easement over property located at 1407-1435 Market Street; adopting findings pursuant to the California Streets and Highways Code Sections 8330 et seq.; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the vacation and sale are in conformity with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing official acts in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Absent: 1 - Chu Recommendations of the Rules Committee 120872 [Reappointment, Public Utilities Commission - Ann Moller Caen] Motion approving/rejecting the Mayor’s reappointment of Ann Moller Caen, to the Public Utilities Commission, Seat No. 3, for the unexpired portion of a four-year term ending August 1, 2016. (Clerk of the Board) Motion No. M12-107 APPROVED by the following vote: play video Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 678 Printed at 1:22 pm on 11/5/12