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.