Meeting Information
MINUTES
Special Meeting
Thursday, February 7, 2002, 9:30 a.m.
City Hall, Room 263
Interim Chair: Commissioner Ammiano
Members: Commissioners Ammiano, McGoldrick, Gonzalez and Hall
Alternate: Commissioner Peskin
Clerk: Monica Fish
SPECIAL AGENDA
(There will be public comment on each item)
1. Call to Order and Roll Call
The meeting was called to order by Commissioner Ammiano at 9:35 a.m.
Commissioner Ammiano announced that Commissioner Hall had been appointed as
a new member of the Local Agency Formation Commission.
Members Present: Commissioners Ammiano, McGoldrick, Gonzalez and Hall
Members Absent: None
2. Approval of Minutes of the Commission Meeting of January 11, 2002. Action
Item.
Commissioner McGoldrick moved to approve the Minutes of January 11, 2002; Commissioner
Ammiano seconded. No objection.
No Public Comment
Public Comment Closed
3. Interview and possible appointment of Public Member. The candidates are Bernard
Choden, Marc A. Levin, Joseph DeUlloa, Diane Fellman, Joel K. Rubinstein, and
Hope Schmeltzer. (Continued from the January 11, 2002 Commission Meeting). Discussion
and Action Item.
Commissioner Ammiano stated that Mr. DeUlloa has sent a communication that
he would not be available until after February 21st for consideration of his
application, and that Mr. Bernard Choden has withdrawn his application.
Marc A. Levin, applicant, introduced himself as the Assistant Director of U.C.
Berkeley Institute of Governmental Studies for organized research in the area
of government politics and public policy and discussed his qualifications.
Diane Fellman, Attorney-at-Law, introduced herself and her law firm, the Energy
Law Group LLP, specialists in regulatory energy policy in California and discussed
her qualifications.
Commissioner Ammiano stated that Ms. Fellman mentioned in her application that
she represents certain California energy interests, NRG Energy, etc. and if
that would constitute a conflict of interest.
Nancy Miller, Esquire (legal counsel) stated that a member may have to refrain
from any decision the Commission may take that might financially benefit the
member or a client of the member.
Diane Fellman stated that she does represent NRG Energy Center, San Francisco,
which is the steam provider to the City of San Francisco that bought the old
PG&E steam system. They do have contracts with the City and County of San
Francisco. She does not represent them in contract negotiations. Her practice
focuses on issues before the public utility commissions and state regulatory
agencies. Their parent company, NRG Energy Inc. is in partnership with Dynegy
Inc, and they are owners of power plants in Southern California that were purchased
from Southern California Edison and San Diego Gas and Electric. She has represented
them only with general policy issues and monitoring before the California Public
Utilities Commission, as well as their qualifying facility interest in California.
She would have to recuse herself from any contract matters that dealt with Energy
Center San Francisco or NRG Energy. In terms of general policy issues as to
benefit to private generators, it would be broad enough that there would not
be a direct conflict of interest under the Fair Political Practices Commission
(FPPC) requirements. She stated that she was the conflict of interest attorney
at the California Public Utilities Commission.
Joel Rubinstein, Attorney-at-Law and Psychotherapist introduced himself and
discussed his qualifications. His primary experience is in real estate law and
land-use and came into contact with LAFCo-related issues.
Commissioner Ammiano stated that Ms. Hope Schmeltzer, applicant, notified the
Commission that she is interested, but could not be here today. He has spoken
to her and he understands that she visited Commissioners McGoldrick, Gonzalez
and the office of Commissioner Hall.
No Public Comment.
Public Comment closed.
Commissioner Gonzalez asked if the second alternate position that is vacant
can be filled by a public member.
Gloria L. Young, Executive Officer stated that the required alternate member
has to be either a legislative body member or city official.
Commissioner Ammiano stated that he was impressed with Ms. Schmeltzer.
Commissioner Hall stated that he was impressed with Ms. Fellman and is nominating
her because of her experience with private and public generation. That was the
question in the last go around with public power that was not examined. He stated
that in the instance that she has to recuse herself, he feels the Commission
would be capable of making a decision without her.
Commissioner McGoldrick stated that all applicants were highly qualified. He
was also particularly impressed with both Ms. Fellman and Ms. Schmeltzer.
Nancy Miller, Esquire made a correction that an alternate public member may
be appointed in addition to the appointment of a public member.
Nancy Miller, Esquire and Commissioner McGoldrick resolved that there could
be a total of two alternate members, one public official alternate member and
one public member alternate.
Commissioner Gonzalez stated that the Commission should ask legal counsel to
look into the conflict of interest with Ms. Fellman, and that it would be beneficial
for Commissioner Hall to speak with Ms. Schmeltzer. He feels now that it would
be beneficial for Ms. Schmeltzer to make a presentation at a public meeting.
The next item on the agenda, election of 2001-2002 officers for the SFLAFCo,
may deal with Ms. Schmeltzer if she was selected, and she is not present to
participate in the vote.
Commissioner Ammiano asked the Executive Officer when we could have the next
meeting and the impact on feasibility studies.
Gloria L. Young, Executive Officer, stated that the next meeting was scheduled
for February 22 as a workshop. There was to be no business of action on that
day other than to hear from the panel of experts about public power.
Commissioner Ammiano asked if the Commission could schedule another meeting
or put these issues on for the meeting of February 22nd.
Gloria L. Young, Executive Officer stated that the February 22nd meeting is
from 9:30 until 3:30 p. m., and that the Commission would have to meet earlier
than 9:30 a.m. or after 3:30 p.m. to discuss these items.
Commissioner Ammiano stated that his preference would be to have a public member
seated at the February 22 meeting.
Commissioner Hall stated that he would like to have the public member seated
at the February 22 workshop and to possibly schedule a meeting before the workshop.
Gloria L. Young, Executive Officer stated that we would contact the Commissioner’s
office to schedule a meeting before the February 22nd date.
Commissioner Ammiano stated that there would be two items of business for the
next special meeting, the interview and possible appointment of a public member
and the election of 2001-2002 officers.
Commissioner Gonzalez stated that the special meeting could be to appoint a
public member and at the February 22nd meeting, the election of 2001-2002 officers
could be the first item of business.
Gloria L. Young, Executive Officer, concurred that the election of 2001-2002
officers could be heard at 9:00 a.m. as the first item of business on February
22.
Commissioner Ammiano asked legal counsel for a definitive response on Ms. Fellman’s
conflict of interest issues at the next special meeting.
Nancy Miller, Esquire, stated that she would respond whether the public member
could be seated at the next meeting if appointed.
Commissioner McGoldrick asked if the Commission could advise the two public
members that they are most interested in to attend the February 22nd workshop.
If they cannot be seated as a member on that date, they could sit in the public
arena to be apprised of the information.
Commissioner Gonzalez stated that the other candidates are open for consideration
and should be invited to attend.
No Public Comment.
Public Comment Closed.
The appointment of a public member continued to the next special meeting of
the San Francisco Local Agency Formation Commission.
4. Election of 2001-2002 Officers for the San Francisco Local Agency Formation
Commission (SF LAFCo). (Continued from the January 11, 2002 Commission Meeting.)
Commissioner Gonzalez asked if this item could be continued to the Call of
the Chair.
Commissioner Ammiano asked if this item could be continued to the next meeting.
Election of 2001-2002 Officers for the SFLAFCo Commission has been continued
to February 22, 2002. No objection.
No Public Comment
Public Comment Closed
5. Procedure to allow three Commissioners to sit in session. Discussion item.
Nancy Miller, Esquire, stated that this was an item that we thought we needed
an action on, but is not necessary. The Commission may act in the absence of
the Chair and Vice-Chair provided there is a quorum.
No Public Comment
Public Comment Closed
6. Future Agenda Items.
Gloria L. Young, Executive Officer stated that the Commission has agreed to
a special meeting before February 22nd to agendize further interviews of the
existing candidates. Donald Maynor, legal counsel, is not here today and is
working on insuring that we will have the requested speakers there on February
22nd. The flyers have been posted and questions have been posed to the speakers
that will be presented at the workshop. That will be the first of the public
hearings. Another hearing will be scheduled in which PUC and PG&E will be
invited for a presentation. The Board of Supervisors are also invited to attend
and if there are additional Board members attending, we will have to notice
that meeting as a Board of Supervisors meeting as well. The morning session
will include David Freeman (former SMUD and Los Angeles Department of Water),
Jan Schori (SMUD), Tom Habashi, Director, City of Roseville, and Mary Tucker
City of San Jose, an environmentalist that will talk about conservation issues.
In the afternoon, there will be Ed Smeloff (PUC), Steve Dworkin (Bear Stearns),
John Roukema (Silicon Valley Power in Santa Clara) and Don Dane (Northern California
Power Agency). Donald Maynor has agreed to facilitate that meeting. One of the
Commissioners will be asked to set the stage for the meeting that will be held
in the Chamber. The Commissioners will be on one side of the inner circle and
the presenters will be on the other side. They have been asked to submit their
presentation material to us so that the IT staff can display the presentations.
The second session will be scheduled for March. Several tapes will be made of
the February 22nd meeting and will be available to the LAFCo.
In addition, the Commission has received in their packet the budget that has
been reallocated. She did discuss this with the President’s office and gave
him a copy.
An orientation binder has been prepared for the public members with information
including our procedures and processes and general information from CALAFCo.
One binder is available and if the Commissioners are interested, one will be
provided to them as well. Tomorrow is the deadline for the Request for Qualifications
for the feasibility study. Budget hearings should be scheduled in May and June
in order to comply with the Cortese-Knox-Hertzberg bill.
Commissioner Gonzalez stated that for future agendas, he would be interested
in whether the Commission is restricted to only having legislators from the
Board or if an alternate could be appointed from the school board or another
agency. In addition, he requested a discussion about LAFCo’s budget before the
submission of the budget.
Commissioner Hall stated that he would be interested in discussing the use
of the City Attorney’s Office versus outside legal counsel.
7. Public Comment on Items not on the Agenda
A member of the public asked what constitutes a conflict of interest in deliberations
of this body.
Commissioner Ammiano stated that counsel would respond at the next meeting
of the SFLAFCo.
8. Adjournment
The meeting of the San Francisco Local Agency Formation Commission adjourned
at 10:14 a.m.
p>