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April 23, 2010

MINUTES

Note: Each item on the Consent or Regular agenda may include explanatory documents, including Executive Officer report and public correspondence.
These items will be available for review at City Hall, Room 244, Reception Desk.

Special Joint Meeting
with the
San Francisco Public Utilities Commission
April 23, 2010, at 2:00 p.m.
City Hall, Legislative Chamber, Room 250

Chairperson Ross Mirkarimi
Vice-Chair David Campos
Members
Commissioners Bevan Dufty, John Avalos and Hope Schmeltzer
Alternates
Commissioners Eric Mar and Michael Bornstein

ORDER OF BUSINESS

1. Call to Order

The meeting convened at 2:18 p.m.

2. Roll Call

LAFCo Members


Present: Chairperson Mirkarimi, Vice-Chair Campos, Commissioners Avalos, Mar (arrived at 2:35 p.m.) and Bornstein
Absent: Commissioners Dufty and Schmeltzer

SFPUC Members:
Present: President Crowley, Commissioners Vietor, Moran and Ellis
Absent: Commissioner Caen


JOINT REGULAR BUSINESS

3. Opening Remarks and Discussion of Expectations for the Joint Meeting
(Chairperson Mirkarimi & President Crowley)

Chairperson Mirkarimi and President Crowley gave opening remarks.

4. Hearing on CCA Status Report
1. Negotiations with Potential ESP Provider
2. Service Agreement with PG&E

Ed Harrington, General Manager, SFPUC and Barbara Hale, Assistant General Manager of Power, SFPUC made a presentation and answered various questions from the Commissioners relating to the status on the negotiation with potential ESP provider and the service agreement with PG&E.

Nancy Miller, Interim Executive Officer, LAFCo provided a status report, spoke on the process going forward and answered various questions from the Commissioners.

Mike Campbell, Director of CCA, SFPUC answered questions regarding the current market for CCA.

Public Comment: John Rizzo, expressed disappointment in the delay of the contract negotiation process; Eric Brooks, SF Green Party, expressed disappointment in the SFPUC General Manager’s status report; Lauren Hahn and Holly Brooks, Sierra Club, expressed their disappointment in the delay of the contract negotiation process; Rob Black, SF Chamber of Commerce, expressed the importance of considering the cost consequences; Joshua Arce, expressed disappointment in the delay of the contract negotiation process and the SFPUC General Manager’s status report.

Vice-Chair Campos, seconded by Commissioner Bornstein, moved to file the hearing.

The motion passed by the following vote:


Ayes: Chairperson Mirkarimi, Vice-Chair Campos, Commissioners Avalos and Bornstein
Absent: Commissioners Mar, Schmeltzer, and Dufty

Action: Filed

5. Public Comment

Members of the public may address the Special Joint meeting of the San Francisco Public Utilities Commission and the San Francisco Local Agency Formation Commission on matters that are within either of their respective jurisdictions and not on today’s agenda.

Public Comment: None

CLOSED SESSION

6. Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel


Vice-Chair Campos, seconded by Commissioner Bornstein, moved that LAFCo and SFPUC convene in closed session.

The motion passed by the following vote:


LAFCo Members:
Ayes: Chairperson Mirkarimi, Vice-Chair Campos, Commissioners Avalos and Bornstein
Absent: Commissioners Mar, Schmeltzer, and Dufty

SFPUC Members:
Ayes: President Crowley, Commissioners Moran and Ellis
Absent: Commissioners Caen and Vietor


7. Conference with Legal Counsel--Pursuant to California Government Code
Section 54956.9 (a) and San Francisco Administrative Code Section 67.10 (d)
(Mueller)

Existing Litigation: Modesto Irrigation District, et al v. Debra Bowen, Sacramento
Superior Court, Case No. 34-2010-80000478. Filed March 18, 2010.

Speakers: Theresa Mueller, Deputy City Attorney, City Attorney’s Office; Ed Harrington, General Manager, SFPUC; Nancy Miller, Interim Executive Officer, LAFCo.



AFTER THE CLOSED SESSION, THE LOCAL AGENCY FORMATION COMMISSION RECONVENED IN OPEN SESSION.


8. Announcement following Closed Session


Motion regarding whether to disclose the discussions during Closed Session.

Vice-Chair Campos, seconded by Commissioner Bornstein, moved that the Commission finds it is in the best interest of the public that the Commission elect at this time not to disclose its closed session deliberations. The motion passed by the following vote:

LAFCo Members:
Ayes: Chairperson Mirkarimi, Vice-Chair Campos, Commissioners Avalos and Bornstein
Absent: Commissioners Mar, Schmeltzer, and Dufty

SFPUC Members:
Ayes: President Crowley, Commissioners Moran and Ellis
Absent: Commissioners Caen and Vietor

Action: Deliberations Not Disclosed



LAFCo BUSINESS

9. Approval of the Minutes from the March 26, 2010 Special Meeting

Public Comment: None

Commissioner Bornstein, seconded by Vice-Chair Campos moved to approve the minutes from the March 26, 2010 Special Meeting.

The motion passed by the following vote:


LAFCo Members:
Ayes: Chairperson Mirkarimi, Vice-Chair Campos, Commissioner Bornstein
Absent: Commissioners Avalos, Mar, Schmeltzer, and Dufty

Action: Approved



10. Consideration of the Final FY2010-2011 LAFCo Budget (pursuant to Government Code Section 56381)

Public Comment: None

Commissioner Bornstein, seconded by Vice-Chair Campos, moved to continue the item to the next meeting.

The motion passed by the following vote:


LAFCo Members:
Ayes: Chairperson Mirkarimi, Vice-Chair Campos, Commissioner Bornstein
Absent: Commissioners Avalos, Mar, Schmeltzer, and Dufty

Action: Continued


11. Adjournment


The meeting adjourned at 4:53 p.m.
Last updated: 9/22/2010 9:06:34 AM