MINUTES
Special Meeting
Friday, February 14, 2003, 2:00 p.m.
City Hall, Room 263
Chairperson: Commissioner Gonzalez; Vice Chairperson: Commissioner McGoldrick
Members: Commissioners Ammiano, Hall and Schmeltzer
Alternate: Commissioners Peskin and Fellman
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 Chairperson Commissioner Gonzalez at 2:08 p.m.
Members Present: Chairperson Commissioner Gonzalez, Commissioners Ammiano, Hall, and Schmeltzer
Member Absent: Vice-Chairperson Commissioner McGoldrick
Gloria L. Young, Executive Officer and Nancy Miller, Esquire were noted as present.
2. Discussion and Action regarding Request from Commissioner Gonzalez to Discuss
and Act on Meeting Twice a Month. (Continued from the January 31, 2003 meeting.)
Gloria L. Young, Executive Officer discussed the proposed schedule of meetings that proposes the LAFCo meet two days per month. The schedule takes into account Board Committee meetings, Board of Supervisors meetings, and outside agency representation. The schedule also gives staff an opportunity to pull people for public hearings with a date and time certain and allows time for public notice. September would have only one meeting because the Board of Supervisors will be on vacation from August 27 through September 14, 2003.
Chairperson Commissioner Gonzalez discussed that his intent in setting up a meeting schedule was for ease of scheduling and meetings could be cancelled or changed if necessary.
Commissioner Hall affirmed that the schedule was set for the LAFCo to meet at 2:00 p.m. when the Golden Gate Bridge Highway and Transportation District meetings are scheduled at 10:00 a.m., and 10:00 a.m. on days they are not scheduled to meet.
The Commission unanimously approved meeting twice a month as noted on the proposed schedule. The schedule is on file at the Clerk of the Board's Office, Room 244, City Hall.
3. Discussion and Action on the Proposal for Budget Reductions for the San Francisco Local Agency Formation Commission (SFLAFCo) for Fiscal Year 2003-04.
Ms. Young discussed the Mayor's budget instructions for Fiscal Year 2003-2004 requiring that the SFLAFCo's proposed budget would be reduced by ten percent, and that ten percent in contingencies be identified. The Commission received documentation that shows what the ten percent reductions and ten percent contingencies would be. Ms. Young identified the areas where reductions were made as follows: (1) services of other departments; (2) legal services; (3) consultant services; (4) materials and supplies; (5) conferences; (6) records management storage and also identified the increases as follows: (1) membership dues CALFACo
LAFCo has to adopt their budget each fiscal year. The first public hearing on the budget that will contain details and explanations is scheduled for March 14, and the second public hearing adopting the budget is scheduled for April 11.
Chairperson Commissioner Gonzalez asked if the ten percent contingency is scheduled for a certain date.
Ms. Young stated that the actual budgets are due February 21st to the Mayor's Office, and the first ten percent would be in that budget if approved by the Commission. The second ten percent contingency recommendations are due approximately March 17th.
The Commission unanimously approved that SFLAFCo's budget be reduced by ten percent and that an additional ten percent reductions be identified in contingency.
Documentation identifying budget reductions is available at the Clerk of the Board's Office, Room 244, City Hall.
4. Discussion and approval of the Proposed SFLAFCo's Work Plan Approach and
Next Steps (Discussion and Action item) (Continued from the December 20, 2002
meeting).
Ms. Young discussed that no action was taken at the December 20th meeting on the Subcommittee report on the proposed SFLAFCo's work plan approach and next steps. The question is whether the Commission wishes to act formally on the Subcommittee recommendations. A number of the items in the Subcommittee Report have been approved at the last meeting, AB117 and the Feasibility Study for acquisition. However, the report also includes other issues that are related to the next agenda item and identifies other potential areas that the Commission will be addressing in future public hearings.
The Commission unanimously approved SFLAFCo's Work Plan approach and next steps as outlined in the Energy Subcommittee memorandum dated December 16, 2002 which is on file at the Clerk of the Board's Office, Room 244, City Hall.
5. Discussion and Action of Future Public Hearing Items that include 1) Renewable Tidal Energy; 2) Recycled Water and Ground Water; 3) Desalinization; 4) Solar Power and Energy Conservation; and 5) R. W. Beck Report on Community Aggregation.
Ms. Young discussed the proposed schedule of public hearings. The Renewable Tidal Energy hearing is scheduled for February 28th at 2:00 p.m. The Department of the Environment will be taking the lead for that public hearing. It was requested that the Recycled Water and Ground Water public hearing be rescheduled from March 28th to April 25th and the Desalinization hearing be rescheduled from April 25th to March 28th because of speaker availability. The other two hearings include Solar Power and Energy Conservation scheduled for May 23rd at 10:00 a.m. and the R. W. Beck Report on Community Aggregation (AB 117) Migden for June 20th at 10:00 a.m.
Commissioner Schmeltzer asked if there is any more information on the Solar Power and Energy Conservation hearing, and if it would be possible to have the two topics heard separately as there is quite a bit to talk about on each of those topics.
Commissioner Ammiano stated that his office is working on Propositions B and H related to this topic and could give an update at the public hearing.
Ms. Young stated that Ed Smeloff, Director of the San Francisco Public Utilities Commission as well as Jared Blumenfeld, the Director of the Department of the Environment have been working together, and it is their expectation to hear those two topics at a combined hearing. A follow-up hearing may be an option for the Commission.
Chairperson Commissioner Gonzalez requested that the Executive Officer suggest that a follow-up hearing may be feasible. A question was asked as to the time allotted for each public hearing.
Ms. Young suggested a two-hour timeframe for each public hearing.
The Commission unanimously approved the revised schedule of public hearings as Ms. Young discussed.
6. Future Agenda Items.
7. Public Comment on Items not on the Agenda.
8. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL
Motion that the San Francisco Local Agency Formation Commission convenes in closed session. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a).
E. J. Simpson v. Local Agency Formation Commission of the City and County of San Francisco: San Francisco Superior Court Case No. 412427.
Question: Shall this Motion be ADOPTED?
Nancy Miller, Esquire recommended that the SFLAFCo convene in closed session.
The Commission unanimously approved the motion to convene in closed session.
PUBLIC COMMENT
No public comment.
ADJOURN TO CLOSED SESSION
After a closed session, if one occurs, the Chairperson shall (1) request the Legal Counsel to identify the subjects discussed in the closed session, and (2) direct the Clerk to report the vote taken on any motion in the closed session.
[Elect To Disclose]
Motion that the SF LAFCo finds it is in the public interest to disclose information discussed in closed session, and directs the Chairperson immediately to disclose that information.
[Elect Not to Disclose]
Motion that the SF LAFCo finds that it is in the best interest of the public that the Board elects at this time not to disclose its closed session deliberations concerning the litigation listed above.
RETURN TO OPEN SESSION FOR ANY REPORTABLE ACTION
Commissioner Ammiano motioned not to disclose the SFLAFCo's deliberations; Commissioner Hall seconded; unanimously approved.
Ms. Miller reported that the Commission met in closed session on the matter of E. J. Simpson vs. the San Francisco Local Agency Formation Commission. The settlement of the litigation with Mr. Simpson was discussed and by unanimous vote the Commission agreed to settle the matter for $25,000. In terms of the budget impact, R. W. Beck agreed to reduce their cost for the Energy Feasibility Study by ten percent, which frees up $20,000 in the existing budget so the net cost of the settlement to LAFCo would be $5,000.
The litigation was brought by Mr. Simpson as a result of SFLAFCo's termination of his contract and belief that Mr. Simpson had not fulfilled his duties under the contract. The settlement amount is an amount that had been mediated with Mr. Simpson and his legal representative. The judge was Justice Pulio, retired Justice. The mediation was held in Sacramento and Mr. Simpson was represented by legal counsel. The court recommended the settlement and in return for the payment, the litigation would be dismissed without prejudice.
9. Adjournment.