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Meeting Information



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MINUTES

COMMUNITY ADVISORY GROUP

Wednesday, April 28, 2004

12:00 Noon

1800 Oakdale Avenue, Conference Room B

San Francisco, CA 94124

 

   I.                 Call to Order

Co-chair Damone Hale called the Wednesday, April 28, 2004 Community Advisory Group meeting to order at 12:05 p.m.

 

II.                 Announcement: Co-chair Damone Hale read The Sunshine Ordinance.

 

III.                 Roll Call

Present:            Co-chair Damone Hale                      Dr. Harrison Parker

                        Mr. Andrew Bozeman                       Ms. Dorris Vincent

                        Mr. Michael Harris                           President Larkin              
                       

Excused            Chair Shirley Jones                            Dean Veronica Hunnicutt       
Arrival:             Ms. Espanola Jackson                        Esther Blanchard

 

            Staff Present:             Toye Moses, Exec. Dir., SECFC; Annette Price, SECFC-Sect.

 

IV.                 Approval of Minutes
Moved (Parker) seconded (Vincent) to accept the minutes of Wednesday, February 11, 2004 with minor changes (Motion carried 7-0).

V.                 Public Comment:
There was no public comment at this meeting.

VI.                 Communications:
The Executive Director stated the following correspondence has been received:

-        File of SECF Historical budget Summary from SFPUC/WPC as requested by CAG

 

VII.                 Presentation(Discussion/Recommendation):
Co-chair Hale moved item VII (a) out of order to accommodate Michael Harris’ schedule as he was running late and went directly to item (b).

a.      Historical Summary and Legislative Option for SECF Commission by Attorney Hale: Co-chair Hale directed committee members to the Historical Summary/Legislative draft and briefly highlighted the following stages in the development of the commission structure:

Ø                  Early 1970s - Not much information with regard to community response to expansion.

Ø                  Mid 1970s - Mitigation discussion with respect to expansion by community.

Ø                1982 - Jefferson Addendum Report (non-profit corporation holding master lease).

Ø                Early Draft - SECF Ordinance (historical information).

Ø                January 13, 1983 - 11-member non-advisory body.

Ø                October 29, 1984 - Meeting to discuss various governing structures

Ø                November 12, 1987 - SECFC Ordinance created & adopted.

Attorney Hale concluded by saying there is a historical background portion of the community expectations that has yet to be developed regarding the mitigation process. Unless some documentation can be uncovered, Attorney Hale stated the committee would need to rely on those persons who were present during that time.

 

            Attorney Harris requested that the Chair allow his colleague, Ms. Jennifer Vega, to present 
            his report, since she has assisted with much of the research. Seeing no objections, Chair Hale

            allowed Ms. Vega to present the report re: a non-chartered commission becoming a chartered

            commission.

b.      Ms. Vega stated in order to become a chartered commission, a resolution would have to be passed and cast to a vote with the City & County of San Francisco which can be accomplished by 1) a vote of the electorate of San Francisco to amend the charter; or 2) legislation passed by the Board of Supervisors and signed by the Mayor.

 

Attorney Harris further clarified that the second option would give the Commission the power they desire, i.e., direct relationship with the Mayor in terms of budget authority, autonomy from other city departments that now oversee the commission currently.

Mr. Bozeman posed the question: If the second option were chosen, would that separate the Commission from the General Fund? Attorney Harris responded it would be dependent on how the legislation were drafted.

Attorney Hale stated the original governing structure contemplated a non-profit structure with the city’s guarantee to ensure funding for facility maintenance. Now the question that should be asked is if the Commission becomes a chartered commission, has the purpose changed or expanded in terms of having control of the facility?

Comm. Larkin reminded it is imperative that the CAG stay on track of their original charge, which is to determine whether there is room to renegotiate regarding the mitigation process (excess sewage) and whether monies are owed.

Attorney Hale asked for clarification, seeing nothing in the documents that he reviewed which spoke of any kind of revenue sharing in connection with the operation of the sewage plant, only the mention of surplus funds with regard to lease money. Comm. Larkin stated because there is more impact regarding plant expansion, it leads to the belief that there are grounds for renegotiation. Attorney Hale voiced his agreement stating reliance on the morality issues involved should be addressed.

Dr. Parker suggested the definition of “surplus funds” and the creation of  “surplus funds” as stated in Charter 54 be clarified and/or amended. In addition, Dr. Parker suggested that all advantages & disadvantages be listed with regard to chartered vs. non-chartered commission.

Dr. Moses reminded the CAG their task is to research and make recommendation to the full Commission on the advantages/disadvantages of becoming autonomous. Comm. Larkin cautioned the CAG when the issue of autonomy is addressed, it will open the Commission up to the entire city vs. having a community commission, which will likely change the structure.

Attorney Hale remarked his understanding of CAG’s charge was to determine the history, development and powers the commission holds as well as the historical piece (community expectations). The recommendation to become autonomous should come from the full Commission. The surplus issue should be looked at by the city attorney.

Attorney Hale stated CAG is close to answering its charge. CAG has the structure and CAG now needs to put the historical piece together regarding community expectations. The options of becoming a chartered commission have been addressed by Attorney Harris and Ms. Vega. In terms of surplus revenue, CAG has discussed different options, one of which is changing the definition or interpretation of revenue to mean the Commission has power to negotiate contracts as was originally designed. However, one thing that should be pointed out is that the profit was supposed to come from the nursery and not used to offset the maintenance of the facility.

Dr. Moses suggested as part of the punch list, CAG should wait on the PUC report regarding the merger with PUC and conditions of the merger.

Attorney Hale requested that Mr. Andrew Bozeman be responsible for drafting the historical piece of community expectations. Also, discussion should take place of what an autonomous commission looks like and the rational behind it, the benefits and drawbacks of both structures.

In addressing President Larkin’s concern regarding opening up the Commission to the rest of the City, Attorney Hale responded legally they could not exclude it. Currently membership is open to the entire city but it suggests you live and/or work in the community.

MOTION: Ms. Vincent moved and Dr. Parker seconded to recommend to the full Commission that the legislative process for amending the powers & duties of the full commission be pursued (Motion carried).

 

VIII.           Old & Ongoing Business by CAG members:
SECF Historical budget received from SFPUC/WPC to be held over for review/discussion at CAG’s meeting of May 26, 2004.

IX.                 Introduction of New Business by Committee Members:
Co-chair Hale stated the following requests would fall under new business.

Ø      Mr. Andrew Bozeman to present historical narrative of community expectations in creating the facility.

Ø      Report that merged SECF with PUC and circumstances of merger.


Dir. Moses and President Larkin thanked CAG for all their hard work and research in putting the reports together.

X.                 Adjournment:
Attorney Haled requested the meeting be adjourned in memory of Thomas “Big Train” Lane, who passed away on Monday after a battle with cancer.

Ms. Vincent moved and Mr. Bozeman seconded to adjourn the SECFC/CAG meeting.  Meeting adjourned at 2: 02 p.m.

 

Respectfully submitted,


_______________________

Commission Secretary