Southeast Community Facility Commission - June 18, 2014 - Supporting Documents

<DRAFT>

The purpose of this Memorandum of Understanding is to further define and formalize the roles and responsibilities of the San Francisco Public Utilities Commission (SFPUC) and the Southeast Community Facility Commission (SECFC) as they pertain to the operations and programming at the Southeast Community Facility (located at 1800 Oakdale) and the adjacent greenhouses (located at 1150 Phelps Avenue).   

Background and Historical Context: The San Francisco Public Utilities Commission (the “SFPUC”) owns approximately 39,000 rentable square feet of classroom and office space (the “Southeast Community Facility”) located at 1800 Oakdale Avenue and approximately 125,000 square feet of greenhouse space (the “Greenhouses”) located at 1150 Phelps Avenue in San Francisco. The Greenhouses and the Southeast Community Facility were originally constructed in 1986 to mitigate, in part, the legally mandated expansion of the Southeast Water Pollution Control Plant.

Following the passage of the Clean Water Act in 1972, the Southeast Water Pollution Control Plant (the “Plant”) was expanded to comply with federal law by providing for secondary wastewater treatment at the facility.  Although federal law required the addition of secondary treatment for the vital protection of the San Francisco Bay, the Plant expansion generated significant local community opposition.

The City worked closely with Bayview-Hunters Point community to study the various types of projects which would address the social and economic impacts of the Plant expansion. After initially pursuing a mitigation plan which would have constructed playing fields on top of the expanded Plant, the community instead expressed the desire for a hands-on job training and skills-building location, combined with an educationally focused skills-building facility.

With the support of the City and the community, the mitigation plan was adopted and the Greenhouses together with SECF were constructed in the early 1980s. The Department of Public Works, in conjunction with the City’s Real Estate Division, managed the Greenhouses and SECF until 1996, when the SFPUC acquired jurisdiction over the San Francisco Clean Water Program and became the agency responsible for operating, overseeing and maintaining the Greenhouses and SECF.  The SFPUC receives guidance on community needs and programming options for the facility and greenhouses from the SECF Commission, a community advisory board appointed by the Mayor. 

The SFPUC became the first public utility in the nation to adopt an Environmental Justice Policy (2009) and a Community Benefits Policy (2011).  Both policies guide the agency’s efforts to be a “good neighbor” to all residents whose lives or neighborhoods are directly affected by the operation of the SFPUC’s Water, Wastewater, and Power Enterprises. 

Building off our shared history, the SFPUC and the SECFC commit to continue working together with a spirit of mutual cooperation.  We believe this partnership will best serve the needs of residents living in the Bayview Hunters Point Neighborhood, will maximize community and resident use of the Facility and adjacent Greenhouses and will ensure proper care and maintenance of both the Facility and Greenhouses.  As a result, the SFPUC and the SECFC desire to memorialize the following agreed upon provisions relative to the operations and programming at the Facility and adjacent Greenhouses. 

1.  Recognition of Mission, Vision and Purpose
   
   1. The mission of the SFPUC is to provide customers with high quality, efficient and reliable water, power, and sewer services in a manner that is inclusive of environmental and community interests, and that sustains the resources entrusted to our care.  All assets owned by the SFPUC must be managed and overseen in order to maximize the current and future value to all ratepayers. 
       
   2. The purpose of the SECFC is to review and provide guidance for the operations of the Southeast Community Facility and Greenhouses.  The vision is that the SECFC serves as a community forum to promote services and opportunities that improve the health, welfare and economic mobility of residents in the Southeast sector of the City, and provides guidance to ensure programming at the Facility and greenhouses is aligned with community priorities. 

       

2. Understanding the Needs of the Bayview Hunters Point Neighborhood
   
   1. The SECFC is tasked with providing guidance to ensure the use of the Facility and adjacent Greenhouses serves the needs of the residents of the Bayview Hunters Point Community.  To best accomplish this, the SECFC agrees to continue to provide a forum for discussion on broader issues facing the Bayview Hunters Point Community.  In order to strengthen and formalize a process for this guidance, the SECFC seeks to:
      
      1. Partner with City agencies and Community organizations to conduct outreach to the community,  hold community hearings and issue reports regarding the priorities and needs in the Bayview Hunters Point Neighborhood. 
      2. Work with City agencies and community coalitions to map out and analyze service gaps and opportunities in BVHP.[1] 
      3. Offer recommendations to tenants at the Facility, broader community groups, elected officials, government agencies or private foundations about how best to serve the priorities of the residents of the Bayview Hunters Point Community. 
      4. Compose an annual SECFC’s “State of the Bayview” report, summarizing key areas of need and recommendations for actions by non-profits, educational partners, government agencies, elected officials and private foundations. 
      5. Build relationships and partnerships with non-profit and philanthropic partners also seeking to benefit the Bayview Hunters Point Neighborhood.

3. Developing Guidance for Use of the Facility and Greenhouses
   
   1. In an effort to specifically  connect the use of and the programming at the Facility and the Greenhouses to the needs of the community, the SECFC and the SFPUC further agree to the following:
      
      1. The SFPUC and SECFC agree to jointly define the criteria to be used to identify prospective tenants, reflecting the spirit of the original mitigation agreement, and will jointly review and update the criteria on an annual basis to reflect the current needs of the community.
      2. The SFPUC and SECFC agree to jointly draft performance goals for tenants at the SECF and Greenhouses to be included in future lease agreements, and will jointly review and update lease-performance goals on an annual basis with existing tenant groups. 
      3. As consistent with past practice, any time a new tenant is being considered to join the facility or the greenhouses, the SFPUC will have prospective tenants present on programming to the SECFC as part of the leasing process with the intent of receiving feedback and guidance from the SECFC.
      4. The SFPUC greatly values all guidance received from the SECFC, including suggestions as to the type of tenants or specific tenants to consider. However, given the legal constraints the SFPUC operates under, all final leasing decisions will remain with the SFPUC.
      5. Consistent with Chapter 54, §54.4 of the San Francisco Adminstrative Code,  any proceeds from the leasing of the facilities that exceed the costs of operating and administering the facilities, as calculated at the end of the fiscal year, shall be deemed surplus. Subject to the budgetary and fiscal requirements of the Charter, the SECFC may work with the SFPUC to allocate surplus funds accrued during the prior fiscal year for purposes identified within §54.4 of the SF Administrative Code.
      6. To clarify costs of operating the facility, the SFPUC will provide an annual SECF and Greenhouse expenditure and revenue report to the SECF Commission.  This report will include all rental revenue received by the lessees, as well as all costs associated with staffing the building and commission, maintenance, security and utility usage.
      7. In conjunction with the SECFC staff, the SFPUC will clarify and communicate a process related to the creation of the SECFC budget.  The Commission budget will reflect the costs of carrying out the meetings and related responsibilities and priorities.  These priorities will be developed, in part, as a result of the annual SECFC planning retreat.  If unexpected situations arise where additional resources are needed, the SECF Commission must submit a specific action plan to accompany additional funding requests.

4. Common Goals for Building Maintenance and Commission Work. 
   
   1. In the spirit of collaboration, the SFPUC and the SECF Commission seek to clarify mutual performance goals regarding the SECF and Greenhouse facilities, as well as clarify the Community-focused goals of the Commission. 
      
      1. Building and Greenhouse Management Goals: The SFPUC and the SECF Commission agree to the following goals pertaining to the management of the SECF and adjacent greenhouses:
         1. The building and greenhouses will function as vibrant and thriving community space;
         2. All tenant groups at the Facility and Greenhouses will have a good working relationship with the SFPUC and SECF Commission;  
         3. All operations at building, including janitorial, security and scheduling all common room areas not designated to the lessees will be overseen by staff at the facility;
         4. Capital improvements will be made in a timely and cost effective manner;
         5. All lease agreements will be current and legally recognized by the SFPUC;   
         6. There will be quarterly meetings between all tenants at the facility and greenhouses to discuss pertinent issues.   
      2. Commission and Community-Engagement Goals: The SFPUC and the SECF Commission agree to the following goals pertaining to the role of the SECF Commission:
         1. The Commission and its staff have the capacity to conduct effect public outreach in partnership with existing agencies and community partners that informs recommendations to public, private and philanthropic partners regarding how best to improve the Bayview Hunters Point Neighborhood;    
         2. The SECF Commission will provide regular update of all SECFC activity, highlighting key events or agenda items/presentations to the partner organizations, relevant stakeholders, interested community members;
         3. The Commission and its staff will ensure partner agencies and community groups participate meaningfully in SECFC meetings;
         4. The Commission will hold an annual meeting with all tenant groups at the SECF and Greenhouses to discuss programs and opportunities for collaboration

5. Review and Modify Staffing Plan to Ensure Performance Goals are Achieved for the SECF Building and Commission. 
   
   1. To accomplish both these building-related and commission-related goals, the SFPUC and the SECF Commission agree to jointly draft and annually revisit job descriptions and performance evaluations for all employees affiliated with building operations and commission support at the SECF.
      
      1. Currently, the SFPUC provides an Executive Director for the SECF Commission who serves at the pleasure of the Commission.  The SFPUC also provides support staff for the SECF Commission, who report to the Commission Executive Director.  The SFPUC provides building and maintenance staff who report to SFPUC management.  Any request made by the SEFC Commission that cannot be met by staff assigned to the Commission, will be submitted in writing to the SFPUC by the Commission Executive Director.  The SFPUC will review and respond to each request. 
      2. The SFPUC will provide the Executive Director the opportunity to interview proposed staff for the SECF Commission.   
   2. Given this shared staffing structure, the SFPUC and the SECF Commission believe a collaborative process to develop job descriptions and performance evaluations for all staff affiliated with facility operations and SECF Commission staffing is in our shared best interest.  To accomplish this shared best interest, we agree further that:
      
      1. Starting within six months of MOU approval, a designee appointed by the SFPUC General Manager and a designee appointed by the SECF President shall review the current staffing structure at the facility.  Revised job descriptions and a proposed performance evaluation process will be provided to the General Manager and the SECF Commission for review and feedback.  Job descriptions approved by the General Manager and annual performance evaluation process will become effective for all staff affiliated with operations and commission support at the SECF. 
      2. Starting within six months of MOU approval, and on an annual basis thereafter, a designee appointed by the SFPUC General Manager and a designee appointed by the SECF Commission President shall jointly review and recommend modifications to, as appropriate, all job descriptions associated with facility maintenance and Commission needs.
      3. Starting within six months of MOU approval, and on an annual basis thereafter, a designee appointed by the SFPUC General Manager and a designee appointed by the SECF Commission President shall jointly review and recommend professional development training and resources to ensure staff and commissioner success in carrying out their responsibilities.

6. Annual Joint Commission Meetings and SECFC President Updates
   
   1. The SFPUC and the SECFC shall hold an annual joint meeting to discuss pertinent issues.  This joint meeting shall be organized by the SFPUC staff in conjunction with the SECFC staff. 
   2. Bi-annually, the President of the SECFC shall prepare and present to the SFPUC Commission on matters pertaining to the SECF and greenhouses.