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Southeast
Community Facility Commission
M I N U T E S
WEDNESDAY, DECEMBER 6, 2000
6:00 P.M.
1800 Oakdale Avenue
San Francisco, CA 94124
I. Call to Order:
Commission Vice-President Millard Larkin II called the Wednesday, December 6, 2000 meeting to order at 6:08 p.m.
II. Roll Call:
Present: Commissioner Bobbrie Brown
Commissioner Millard Larkin II
Commissioner Enola Maxwell
Commissioner Kim Nguyen
Not Present: Commissioner Heidi Hardin
Staff Present: Robert Bryan, Dep. City Atty.; Charlie Dunn, Real Estate; Gary
Dowd & John Tham, PUC/CLM; Toye Moses, Exec. Dir., SECF;
Kathy Basconcillo, SECF Commission Secretary
III. Approval of Minutes:
Commissioner Brown moved and Commissioner Maxwell seconded to accept the minutes of Thursday, September 14, 2000 as mailed. Motion passed.
Minutes of Monday, November 20, 2000 were tabled.
IV. Public Comment:
Vincent Dunlap, P/T Clerk Typist in the Southeast Community Facility Commission office introduced himself and stated that since he prepared the information to be discussed in Item VII.a - Use of City Property, he would be available for clarification if necessary.
VI. Director’s Report:
a) HVAC project update: boiler is shut down for about two weeks, while sheetmetal and steamfitters shops are fixing/repairing, therefore, there is no heat (nor air conditioning/ventilation) during this time. Tenants are aware and will be kept abreast;
b) FY01-02 Budget request: Instruction came from PUC to keep bottom line of request the same as last year. The projected submittal for SECFC is $717K for FY 01-02. This submittal request will go to the PUC, then to the Controller’s Office, then to the Mayor’s Office. The General Fund submittal (EPMills) for FY 00-01is $202K increased to $227K for FY01-02. The Commission will be kept apprised;
c) The SECFC received a letter from the Ethics Commission that Commissioners must fill out a Statement of Economic Interest form. Our Deputy City Attorney is currently looking into whether or not this request pertains to our Commission and will notify staff. Staff will in turn notify Commissioners of the findings.
d) ADA upgrade - we await finale plan approval from the Dept. of Architecture, then the staking process and heavy (earth-moving) equipment can be scheduled.
Action: Commissioner Brown moved and Commissioner Maxwell seconded to accept the Director’s Report. Motion passed.
V. Communications:
a) Letter from the Ethics Commission requesting each Commissioner to fill out a Statement of Economic Interest form. For clarification, information is being requested by Fri., Dec. 8 and can be supplied to the Ethics Commission by staff. If further information is to be supplied by the Commissioners, that information is due by the Dec. 28. Depending on the findings Commission will be notified about necessary steps at next Commission meeting on Dec. 20.
VII. Old & On-going Business:
a) Staff has prepared a comparison of forms previously used for scheduling with forms currently used for scheduling (both the Alex Pitcher Community Room and the Earl P. Mills Community Auditorium). The Director requests extending the use of the same Rules and Regulations - including serving/selling alcohol for another six (6) months (from Jan 1, 2001 - June 30, 2001).
Action: Commissioner Brown moved and Commissioner Maxwell seconded to extend the use of the Rules & Regulations for 6 months (from Jan 1, - June 30, 2001). Motion passed.
b) The Security Patrol Service we currently recommend for use at all social events in the Alex Pitcher Community Room, McCoy’s Patrol Service is requesting an increase in the hourly rate charged for this service - currently from $12/hr. to $14.88/hr. Due to the infrequency of these special/social events, guards regularly receiving $8/hr. are paid (at time and a half) $12/hr. The $2.88 is company-operating expenses (i.e. insurance, supervision, utilities, gas, etc.).
Commissioner Larkin explained that since this is not a City contract, but a contract between users of the Facility and McCoy’s Patrol Service, the Commission, with the Community’s interest in mind, is requested to review this agreement. However, since this is not a City contract and in order to give the Commissioners time to review this request, we can revisit/table this issue to next meeting.
c) CCSF/Southeast sub-lease of Room 123: At the last meeting, correspondence from Steve Herman, CCSF/Admin. Svcs. to Gary Dowd, PUC/Commercial Land Mgmt. was read by the Commission Secretary to the Commission. The letter requests to move forward on extending the current DHS sublease (at the Southeast Community Facility) to include Room 123 due to two circumstances: a) CCSF/Board of Trustees has approved the sublease extension and b) Steve Herman understands "that the SE Facility Commission has also approved the extension". The reason this letter/request is an issue for discussion at this meeting is because circumstance b) is not true and in fact this request has not come before Southeast Community Facility Commission. The Southeast Community Facility Commission was completely by-passed, the request went directly to the PUC and Mr. Dowd (Director, PUC/Commercial Land Mgmt.) is here to address this issue.
Commissioner Larkin first stated that the CCSF/Southeast Campus ("the College") under their current lease, does have the right to assignment or sub-lease of space once they give "written notice of its intent to assign or sublet the premises or portion of the premises". In this case written notice should have been delivered to the Southeast Community Facility Commission as landlord representing the City on the lease.
Deputy City Atty. Robert Bryan then reminded the Commission they might want to discuss leases/sub-leases issues in closed session. Although remedies for non-compliance are outlined in the lease, the Commission may not wish to exercise these remedies but instead remind the College yet again of the procedure for sub-leasing. Since this is not the first instance of the College’s non-compliance when sub-leasing neither is this the first time the Commission requests to have a letter sent to the College. Therefore Mr. Dowd suggests that his office spearhead the letter to the College since the PUC is in agreement with this discussion. However, the PUC may actually approve this sub-lease pending the SECF Commission’s action.
To rectify this situation, Commissioner Larkin suggested: 1) a meeting be scheduled with CCSF/Southeast, PUC/CLM Director Dowd and the SECF Commission’s Executive Director to reiterate to the College the procedures for sub-leasing, 2) a letter from PUC to this effect be delivered to the College, and 3) it be conveyed to City College that if they continue to not comply with their lease agreement, then the Commission has no choice but to consider it a non-agreement and action will be taken at that point. Mr. Dowd agreed.
d) Regarding the General Fund Tenants, Mr. Charlie Dunn from the Real Estate Dept. was present and distributed a spread-sheet (q.v.) outlining the properties under the jurisdiction of the Southeast Community Facility Commission that are under the Dept. of Public Works. Basically the tenants consist of: three child care centers, 2 leased by the Economic Opportunity Council (Sojourner Truth at 1 Cashmere and Martin Luther King at 200 Cashmere) and 1 by CAHEED (California Association of Health, Education, Employment and Dignity, Inc.) at 1030 Oakdale. The remaining leases are at 100 Whitney Young Circle where E.P. Mills Community Center is a multi-tenant facility consisting of 2 Whitney Young programs, Whitney Young collaborative program, JMC Academy (Joshua Marie Cameron Academy) and the Bayview Repertoire Theatre.
The 3 single-tenant sites and the main Whitney Young program are leases approved by the Board of Supervisors about 3 years ago and have a little more than three years to go on these leases. The remainder are "administrative code leases" (determined by size and length) which the Director of Property is able to sign, are on a month-to-month basis. Typically when space is available, the Commission’s Facility Committee puts together an RFQ and solicits space needs from Community-based organizations.
Mr. Dunn closed his presentation by answering a few questions from the Commissioner:
- the parent organizations of the three satellite childcare facilities currently pay for the garbage collection and removal (as a side note, these 3 organizations have been very diligent in retrieving copies of their respective leases in order the qualify for grant monies, etc. as a way of subsidizing operational costs);
- when the leases expire in Sept. 2003, the dollar amount rent charged per square foot (psf) can be raised for discussion purposes (3 yrs. ago the SECFC Facility Committee proposed rates that were thought to be "too low", so the Board of Supervisors rolled the rates to the amount paid in 1974);
- rent (including the $1/yr) is collected by Real Estate Dept. (c/o Dan Kennedy).
As a Public Comment regarding the DHS sub-lease issue, Mr. Dunn stated: For the record, in the past letters have been sent to City College and DHS has been verbally informed about procedures in their lease. This non-compliance has been an on-going disregard for not only the lease agreement but for the Community. The letter therefore should be as strong a comment as possible.
The problem being: the remedy is a default under the lease and the evictee would be City College not just the sub-tenants. The City has the right to consent or deny a sub-let, but the decision must have a reason behind it. In this case it would be that this is a Community building where use and cost are important issues.
Commissioner Brown agreed with Mr. Dunn’s statements and added that because it’s true that City College is the "tenant-of-choice" for this Facility. Therefore the last time the lease was negotiated, City College threatened to pull out and go else-where and to this day they continue with this same posture. This is poor way to deal with those trying to keep harmony in the Community.
VIII. Introduction of New Business by Commissioners: None was presented at this meeting.
IX. Adjournment:
Action: Commissioner Brown moved and Commissioner Nguyen seconded to adjourn the meeting at 7:00 p.m. Motion passed.
Respectfully submitted: _________________________
(Commission Secretary)
