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February 07, 2002

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 Bernard Choden has withdrawn his application.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.

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Last updated: 8/18/2009 1:54:50 PM