Meeting Information
MINUTES
Special Meeting
Friday, August 24, 2001, 10:00 A.M.
City Hall, Room 263
Chairperson: Commissioner Eisenberg
Members: Commissioners Ammiano and McGoldrick
Alternate: Commissioner Gonzalez
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 Chair Eisenberg at 10:16 a.m. The Commission had been told that Commissioner McGoldrick is on his way and will be present at 11:00 a.m. Commissioner Gonzalez was in attendance and will be available at 11:00 a.m. The Commission will take a recess and reconvene at 11:00 a.m. to obtain a quorum.
The meeting reconvened and was called to order by Chair Eisenberg at 11:15 a.m.
Members Present: Commissioners McGoldrick, Gonzalez and Chair Eisenberg
Member Absent: Commissioner Ammiano
2. Approval of Minutes dated December 29, 2000 and July 27, 2001.
No Public Comment.
Public Comment Closed.
Commissioner McGoldrick moved to approve the Minutes from the December 29, 2000 and July 27, 2001 meetings; Chair Eisenberg seconded.
ROLL CALL VOTE:
AYES: Commissioners McGoldrick and Gonzalez and Chair Eisenberg
NOES: None
ACTION: December 29, 2000 and July 27, 2001 meeting minutes approved without discussion and objection.
3. PUBLIC HEARING: Discussion and adoption by SF LAFCo of a Sphere of Influence for the City and County of San Francisco.
Gloria L. Young, Executive Officer stated that the Commission has before them the staff-report for the approval of a Sphere of Influence for the City and County of San Francisco. Adoption of a Sphere of Influence is required in order for LAFCo to proceed with the application with the Board of Supervisors for a Municipal Utility District, known as the "Shadow MUD." In order to expedite this matter and because the City and County of San Francisco has the same boundaries as the San Francisco General Plan, it is the Executive Officer’s recommendation that the Commission adopt the Sphere of Influence as the General Plan. Her recommendations are within the staff report.
No Public Comment.
Public Hearing Closed.
Commissioner Gonzalez stated that as the original sponsor of the "Shadow MUD" provision, he thinks that the very purpose of why they brought the matter forward was to do precisely what has been outlined in this proposal.
Commissioner McGoldrick moved to adopt the Sphere of Influence for the City and County of San Francisco with recommendations as follows:
1. Adopt the General Plan as the Sphere of Influence for the City and County of San Francisco; and
2. Direct the Executive Officer to maintain on file a complete copy of the General Plan/Sphere of Influence for public review; and
3. Proceed with the processing of the application of the Board of Supervisors for the Municipal Utility District.
Chair Eisenberg seconded.
ROLL CALL VOTE:
AYES: Commissioners McGoldrick and Gonzalez and Chair Eisenberg
NOES: None
ACTION: The General Plan as the Sphere of Influence for the City and County of San Francisco was adopted with staff recommendations.
4. Discussion and adoption of a Resolution directing that the Proposal to form a Municipal Utility District (MUD) initiated by the Board of Supervisors of the City and County of San Francisco be (1) modified by the Commission to specify that the proposed MUD shall provide electric service, and (2) processed in accordance with Part II of the Commission’s Procedures for the Evaluation of Proposals for the Formation of Districts Initiated by Government Entities.
No Public Comment.
Public Comment Closed.
Commissioner McGoldrick moved to adopt the Resolution; Chair Eisenberg seconded.
Commissioner Gonzalez thanked the Chair for bringing this Resolution forward.
Chair Eisenberg stated that with the adoption of this Resolution, the Commission has created a potential plan in the event that the MUD does not pass in November. This particular MUD proposal is more specific, states specifically that it has to do with electricity, and has more procedures that would be followed than the prior proposal. It doesn’t say that the prior proposal is in any way flawed, but this is a different approach that can happen in another election.
ROLL CALL VOTE:
AYES: Commissioners McGoldrick and Gonzalez and Chair Eisenberg
NOES: None
ACTION: Resolution directing that the Proposal to form a Municipal Utility District (MUD) initiated by the Board of Supervisors of the City and County of San Francisco be (1) modified by the Commission to specify that the proposed MUD shall provide electric service, and (2) processed in accordance with Part II of the Commission’s Procedures for the Evaluation of Proposals for the Formation of Districts Initiated by Government Entities adopted.
5. Discussion and authorization of the Executive Officer to contract with legal counsel.
Gloria L. Young, Executive Officer asked that the Commission instead of selecting legal counsel as a Subcommittee, direct her as the Executive Officer to review the Request for Qualifications (RFQs) and select legal counsel as soon as possible. The Commission has before them a staff report along with the RFQ that was initiated on August 1, 2001. Two proposals have been received.
No Public Comment.
Public Comment Closed.
Chair Eisenberg stated that the City Attorney would no longer participate in advising this Commission. State law does not give the City Attorney that prerogative as it reads that the City Attorney shall serve as counsel to this Commission. That may raise a series of legal questions. They are without legal counsel to advise the Commission, so the Commission has to proceed with hiring legal counsel to decide whether there are further ramifications of the City Attorney’s opinion. With this proposal, the Executive Officer has taken bids and requests for proposals from a number of law firms and suggests that this simply be a staff decision to select the Commission’s counsel.
AYES: Commissioners McGoldrick and Gonzalez and Chair Eisenberg
NOES: None
ACTION: The Commission has authorized the Executive Officer to contract with legal counsel.
6. Discussion of the University of San Francisco’s Internship Program (Continued from July 27, 2001).
No Public Comment.
Public Comment Closed.
Chair Eisenberg stated that at the beginning of LAFCo’s term, he had arranged through a political science professor at the University of San Francisco for a student volunteer. The intern called a number of non-profits for the City to ask them what the effect of the increase in utility bills was. It was so helpful that he talked to the Political Science Department at the University of San Francisco and asked them to provide an intern to every one of the Commissioners. The internship program is starting right now so the Political Science Department would like to know if the Commission is interested. Each Commissioner would choose his own project and would be assigned an intern for six to seven hours a week. As long as the Commissioner supervises and grades the intern, the intern will receive credit at the end of the semester.
ROLL CALL VOTE:
AYES: Commissioners McGoldrick and Gonzalez and Chair Eisenberg
NOES: None
ACTION: The Commission has agreed to participate in the University of San Francisco’s Internship Program.
7. Possible Action: Legislation Report-Report on pending legislation of interest to SF LAFCo (Continued from July 27, 2001).
AB 47 (Wiggins) - Municipal Utility Districts: Public Agencies
AB 793 (Cox) - Municipal Utility Districts: Purchases
AB 948 (Kelley) - Local Agency Formation
AB 1495 (Cox) - Local Agency Formation
Gloria L. Young, Executive Officer stated that this item is for the Commission’s information only. She receives information from CALAFCo regarding bills of importance to LAFCo. If the Commission feels it is appropriate, she will continue to place these items on the agenda.
Chair Eisenberg stated that he did not feel this information should be placed on the agenda. The items could be sent out to the Commissioners and if they want to pick something out, then they can do so.
Commissioner Gonzalez stated that he disagreed. He found it helpful and appreciated it done this way.
Commissioner McGoldrick stated that in other Committees and the Transportation Authority, they receive updates on pending legislation and by taking or not taking a position, it would be useful.
Chair Eisenberg asked that a date be included that the Commission’s action be required.
Gloria L. Young, Executive Officer stated that these bills are on the floor right now.
Chair Eisenberg stated that this item would be continued to the next meeting.
Commissioner McGoldrick asked for copies of the legislation.
Gloria L. Young, Executive Officer stated that the copies were attached to the May 18 meeting packet when this item was first presented to the Commission.
Commissioner Gonzalez stated that in looking over these items from the legislature, that it would be helpful for the Executive Officer to speak to any specific legislature that the Commission should focus their attention on. When reading these bills, he is not sure whether he wants to weigh in on any of these issues.
No Public Comment.
Public Comment Closed.
8. Public Comment for Items not on the Agenda.
No Public Comment.
Public Comment Closed.
9. Future Agenda Items.
Chair Eisenberg stated that the Commission received a letter from the Coalition for Affordable Public Services and asked staff to refer this letter to our new counsel for review and to bring the item to the next meeting if counsel is prepared to do so. He stated that the next meeting would be in September, and Mr. Simpson’s report is due October 2. In order to make sure that the consideration of this letter is not prejudiced, he asked that the next meeting be set before Mr. Simpson’s report is due, and that counsel should review this letter prior to the next meeting.
Commissioner Gonzalez asked if there is a requirement that there be only one non-supervisor member on the LAFCo. Do the other LAFCo members have to be members of the Board of Supervisors?
Gloria L. Young, Executive Officer stated that the requirement of the new Cortese-Knox-Hertzberg law calls for one member of the general public. The other members are to be elected officials and appointees of the Board.
Chair Eisenberg stated that LAFCo membership is to consist of four members of the Board of Supervisors and one non-member.
Commissioner McGoldrick asked if the law changed recently because he remembers when Mr. Choden, who is a member of the general public, was a Commissioner.
Gloria L. Young, Executive Officer stated that the rule changed after the first of the year.
Chair Eisenberg asked that staff notify the University of San Francisco Political Science Department that the LAFCo Commission has agreed to institute the internship program and ask the professor if she will attend the next meeting to give a report.
Gloria L. Young, Executive Officer agreed to do so.
10. The meeting adjourned at 11:34 a.m.