October 11, 2011 - Special

SAN FRANCISCO
LOCAL AGENCY FORMATION COMMISSION

MINUTES
 

City Hall, Room 400

1. Call to Order

The meeting convened at 11:10 a.m.

2. Roll Call

Local Agency Formation Commission (LAFCo) Members
Present: Chairperson David Campos, Commissioners John Avalos, Hope Schmeltzer, and Leah Pimentel
Absent: Vice-Chairperson Ross Mirkarimi

Public Utilities Commission (PUC) Members
Present: President Francesa Vietor (noted present at 11:19 a.m.), Vice-President Anson Moran, Art Torres, and Vince Courtney
Absent: Commissioner Ann Moller Caen

There was a quorum of both commissions.

Joint Regular Business

3. Opening Remarks and Discussion of Expectations for the Joint Meeting

Chairperson Campos and Vice-President Moran provided opening remarks and their expectations for the joint meeting.

4. Community Choice Aggregation (CCA) Update Report, including a presentation from Shawn Marshall of Local Energy Aggregation Network (LEAN)

Michael Campbell, CCA Director, PUC, informed the commissions that Governor Brown signed SB 790 (Community Choice Aggregation) on Sunday, October 9, 2011. Mr. Campbell then introduced Shawn Marshall, LEAN.

Shawn Marshall gave a power point presentation regarding LEAN and their involvement with implementing CCA programs throughout the country.

Public Comment: None.

Chairperson Campos, seconded by Commissioner Avalos, moved to continue the matter to the call of the Chair. The motion passed by the following vote:
Ayes: Chairperson Campos, Commissioners Avalos, and Schmeltzer.
Noes: None.
Absent: Commissioner Mirkarimi.

Action: Continued to the Call of the Chair

5. Approve the “Updated Term Sheet Parameters for Program and Contract Negotiations” and direct staff to forward the Resolution to the Board of Supervisors for review and consideration

Nancy Miller, Interim Executive Director, LAFCo, reviewed the five core concepts of the CCA program, the timeline progress, and the recommendation to approve the Updated Term Sheet. Ms. Miller also answered questions raised throughout the discussion.

Michael Campbell, CCA Director, PUC, presented a power point presentation and reviewed the challenges in finding one energy supplier that meets all requirements. Mr. Campbell reviewed the highlights of the term sheet, including the mitigation of risk by using a phasing approach and the target dates and terms. There was discussion regarding the $15M reserve amount, which is dependent on the success of the program and only an uncapped liability if the successful program is stopped.

Todd Rydstrom, Chief Financial Officer, PUC, gave an update on the financial stability of the Hetch Hetchy Fund, which is scheduled to run out of funds in June 2014 if it continues at the current rate, regardless of the CCA program. Mr. Rydstrom presented possible options to fund the start-up of the CCA program: 1) de-green the program, 2) tap into the Hetch Hetchy fund, 3) use General Fund monies, or 4) bill the cost into the rates. The possibility of using a mix of the options was discussed or seeking out other options at low-to-no cost.

Public Comment: Al Weinrub, Clean Energy Alliance, spoke on what the advocates viewed as integral to move forward with the program and was in favor of sending the Updated Term Sheet forward to the Board of Supervisors; Erick Brooks, SF Green Party/Our City, expressed concerns regarding the build out of the program and stressed the importance of creating jobs; Eddie Aun, Brightline, urged the commissions to move the Updated Term Sheet forward to the Board of Supervisors for consideration; Jeremiah Dean, Sierra Club, thanked the commissioners and staff for their work and conveyed how pleased the Sierra Club is to see the Updated Term Sheet being moved forward to the Board of Supervisors; Jean Bruscher, Global Exchange, expressed agreement with the other advocates’ comments and is supportive of the program moving forward.

The commissions requested a range of 20-30MW be included in the Updated Term Sheet. Ed Harrington, General Manager, PUC, answered questions from the commissions regarding the difference in the range amounts. Chairperson Campos indicated that he will be introducing legislation on this matter at the next Board of Supervisors meeting.

Commissioner Avalos, seconded by Commissioner Schmeltzer, moved to amend the resolution on Page 4, Lines 7-8, by adding ‘intends to authorize the’ after ‘SFPUC’; deleting ‘will only have authorization’ after ‘Manager’; and adding ‘to the satisfaction of the SFPUC’ after ‘met’. The motion passed by the following vote:
Ayes: Chairperson Campos, Commissioners Avalos, and Schmeltzer.
Noes: None.
Absent: Commissioner Mirkarimi.

Action: Amended

Commissioner Avalos, seconded by Commissioner Schmeltzer, moved to approve the resolution as amended. The motion passed by the following vote:
Ayes: Chairperson Campos, Commissioners Avalos, and Schmeltzer.
Noes: None.
Absent: Commissioner Mirkarimi.

Action: Approved as Amended

6. Letter to Governor Brown and the California Public Utilities Commission (CPUC) urging the adoption of a fair and equitable methodology for calculating the Community Choice Aggregation (CCA) Bond Amount

Michael Campbell, CCA Director, PUC, gave a brief overview of the letter to Governor Brown and the CPUC. Staff requested approval of the letter, which is coming from both commissions.

Public Comment: None.

Commissioner Avalos, seconded by Commissioner Schmeltzer, moved to approve the letter as presented. The motion passed by the following vote:
Ayes: Chairperson Campos, Commissioners Avalos, and Schmeltzer.
Noes: None.
Absent: Commissioner Mirkarimi.

Action: Approved


7. Public Comment

Eric Brooks, SF Green Party/Our City, requested the commissions take up the issue of electricity and mass transit on renewable.

LAFCo Business

8. Approval of LAFCo Minutes from the September 23, 2011 Regular Meeting

Public Comment: None.

Commissioner Avalos, seconded by Commissioner Schmeltzer, moved to approve the minutes of the September 23, 2011 LAFCo Regular Meeting. The motion passed by the following vote:
Ayes: Chairperson Campos, Commissioners Avalos, and Schmeltzer.
Noes: None.
Absent: Commissioner Mirkarimi.

Action: Approved


9. Executive Officer’s Report

Public Comment: None.

No Report.

10. Future Agenda Items

The commissions discussed a possible joint meeting on December 6, 2011 at 12:00 p.m.

11. Adjournment

The meeting adjourned at 1:16 p.m.

Agenda Item Information

Each item on the agenda may include: 1) Department or Agency cover letter and/or report; 2) Public correspondence; 3) Other explanatory documents. For more information concerning agendas, minutes, and meeting information, such as these documents, please contact:

Linda Wong, LAFCo Clerk
City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102
(415) 554-7719
linda.wong@sfgov.org

Meeting Procedures

Public Comment will be taken before or during the Commission’s consideration of each agenda item. Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, except public speakers using translation assistance will be allotted twice the amount of the public testimony time limit. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. The public is encouraged to testify at LAFCo meetings and to write letters to its members: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.

Procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Commissioners by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the meeting room.

LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490 to coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior to the meeting to test their presentations on the computer.

AGENDA PACKET: Available at City Hall, Room 244, Reception Desk, or on the internet at: http://www.sfbos.org/meeting.aspx?page=4162. Meetings are cablecast on SF Cable 26. For DVD copies and scheduling, call (415) 557-4293.

LANGUAGE INTERPRETERS: Requests must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPAÑOL: La solicitud para un traductor debe recibirse antes de mediodía de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

翻譯 必須在會議前最少四十八小時提出要求
請電 (415) 554-7719

Disability Access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.

The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information about MUNI accessible services, call (415) 701-4485.

There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

Know Your Rights Under The Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-7854; or by email at sotf@sfgov.org.

Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfbos.org/sunshine.

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site www.sfgov.org/ethics.