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MINUTES
Wednesday, October 27, 2004
6:00 P.M.
1800 Oakdale Avenue
San Francisco, CA 94124
1.0 Call to Order
Commission President Millard Larkin called the Wednesday, October 27, 2004 meeting to order at 6:08 p.m. in the Alex L. Pitcher Community Room at 1800 Oakdale Avenue.
The Commissioner Secretary read the Sunshine Ordinance aloud.
1.2 Roll Call
Commissioners Larkin; Brown; Fuentes; Jones; Kennedy; Person; Sampson
Staff Present: John Roddy, Deputy City Attorney Toye Moses, Executive Director SECFC; Annette Price, Comm.-Sect
1.3 Consent Calendar
(a) RESOLUTION (SECFC-2004-19) Be it resolved that the minutes of the Southeast Community Facility Commission meeting of Thursday, October 14, 2004 be approved as submitted (passed unanimously).
(b) RESOLUTION (SECFC-2004-20): Be it resolved that the Southeast Community Facility Commission grants leave of absence for the meeting of November 22, 2004 to the following commissioners: Ronald Person (Passed unanimously).
2.0 Public Comment
Mr. Francisco DeCosta distributed a copy of the PUC Audit Report (Phase I) and briefly spoke of PUC’s role as it relates to Southeast sector constituents noting that PUC does not do proper outreach. Ms. Jackson reported that: PUC has established the Citizen’s Advisory Committee (CAC) to review sewage and storm water collection; however, she is of the belief that there is no BVHP representation on the CAC and urged the Commission to advocate for BVHP representation.
3.0 Communications:
Dir. Moses reported the following correspondence has been sent/received for Commission review: Response from Cleopatra Vaughns/Michael Burns, MTA explaining that protocol requires MTA staff to present before the Commission on issues that are administrative in nature. Correspondence from Kim Knox, SFPUC re: solar energy. Letters to Mayor Newsom and Mr. Roy Willis (in progress).
Comm. Kennedy clarified that the letter to Mr. Roy Willis “request for time change of CAC meetings” should be sent to Mr. Scott Madison, President of CAC. Comm. Larkin also reminded that there was a request to invite the master developer to give update on activities taking place at the shipyard and directed staff to send a letter of invitation to Mr. Roy Willis.
Comm. Larkin moved the order of presentation and asked that Co-chair Hale step forward to present the Final Report/Recommendation by the Community Advisory Group (CAG).
4.0 PRESENTATIONS:
- Vice-chair Hale asked that CAG committee members stand and be recognized. Attorney Hale thanked the members for their hard work and valuable input while serving on the Committee.
Attorney Hale reminded that the CAG was charged with interpreting/researching the legislation that created the SECF Commission and any mitigation issues involved.
Vice-chair Hale referred the Commission to the “Final Report/Recommendation” packet previously distributed and briefly reviewed the following historical account of the expansion of the sewage treatment plant from its inception to the present: He spoke of the inadequacy to accommodate sewage flow at the plant which resulted in potential sanctions against the City ultimately leading to the expansion of the plant through passage of a bond measure. This bond measure allowed the expansion of the plant with the caveat that mitigation as well as community involvement must take place.
Initial recommendation to address the mitigation issue was an 8-acre park to be placed on top of clarifiers but was rejected after determination of adverse impacts. The community ultimately recommended that a skill center as well as a greenhouse be built which would be overseen by a governing structure (Community Development Corporation). The goal was to make the facility not only viable but also revenue producing. Thereafter request by the community was made that the governing body of the Facility be an official body, i.e., Commission, to ensure that the City remained a stakeholder.
Vice-chair Hale stated review of numerous documents produced by staff, the City Attorney’s Office, and testimony from historians indicate that the commission was designed to be consistent with all other city commissions and have direct powers for influence. Referring the Commission to S.F. Administrative Code section 4.102 “General Powers & Duties”, Attorney Hale stated what ultimately occurred was the attorney who created the ordinance was specifically directed to draft the ordinance in such a way that made the Commission advisory in nature with no real authority. In addition, all revenue to be generated by this Commission through rent proceeds was to offset the operating expense of this facility.
Initial projections by the City in 1982 showed that the facility would cover operating expenses with rent revenue from the facility and the greenhouse. Thereafter in 1983 it was determined by a major accounting firm that the facility from 1985 to 2000 would always operate at a deficit, which was not conveyed to the community. The community was under the assumption that there would be excess revenue for scholarships. The Community wanted this facility to go after local, state, and federal grant dollars for start-up programs and training. The Community wanted direct control.
Attorney Hale reported that the Final Report/Recommendation by the CAG is to amend the original ordinance thereby giving this Commission direct authority and control. He also noted that the language used in this amendment was not language created by the Committee but was language used by all other commissions in the city.
Ms. Vincent admonished the Commission that the time is right to rectify this wrong and strongly suggested that the Commission peruse this issue. Ms. Jackson was very disheartened that things that should have happened to better the community did not take place, even after 30 years. She also voiced concern regarding the explosion and was displease that the Board of Supervisors no longer televise their meetings.
Comm. Larkin asked that Attorney Hale read the Final Recommendation/Resolution into the record so that the public has an opportunity to view it.
“Resolution
WHEREAS: Historically, the Bayview Hunters Point Community has suffered
from harmful environmental policies of the local, state and federal government agencies; and,
WHEREAS: Bayview residents have endured harmful environmental affects from the Southeast Water Pollution Treatment Facility, Hunters Point Navy Shipyard (Superfund Site), EPA’s designation of numerous Brownfield sites (100+), and PG&E Power Plant; and
WHEREAS: In 1968, Bayview residents vehemently opposed the City and County of San Francisco’s proposed expansion of the Water Pollution Treatment facility because of the negative consequences to residents’ health, social, economic and environmental futures; and
WHEREAS: In 1972, the City and County of San Francisco passed a bond measure to expand the Southeast Water Pollution Treatment plant; and
WHEREAS: In 1972-73, Bayview residents organized in order to represent the community’s interest and concerns and to negotiate mitigation measures to protect residents’ health, social, economic and environmental interests; and
WHEREAS: The Southeast Skills Center and Green House facilities were proposed and agreed upon as an acceptable mitigation measure with the condition, among others, that:
1. The governing body, Southeast Facility Commission, would be created to set policies, developed and submit to the Mayor an annual budget and to manage the skills center and green house facilities; the commission would possess the same powers and duties conferred upon other city and county commissions.
2. The City would insure that maintenance and operations expenses in the event that revenue projects failed to materialize.
3. All excess revenues would be available to the Southeast Facility Commission to allocate for activities as promulgated in San Francisco Administrative Code, Ordinance 438-87.
WHEREAS: In 1996, the City and County of San Francisco unilaterally
modified the governing procedures of the Southeast Facility Commission by transferring oversight powers to the Public Utilities Commission contrary to the spirit and expectations of the agreement reached with the Bayview Hunters Point Coordinating Council;
THEREFORE BE IT RESOLVED:
That the Citizens Advisory Group recommends that the Southeast Community Facility
Commission take the following actions:
1. Request that the Board of Supervisors amend San Francisco Administrative Code, Chapter 54, Section 54.3, as follows:
SEC. 54.3. POWERS AND DUTIES OF THE COMMISSION. The powers and duties of the Commission shall be limited to those necessary to:
(a) Provide guidance necessary for the…Formulate, evaluate and approve goals, objectives, plans and programs and set policies to establish, retain and enhance the business activities of the greenhouse, educational and job skills centers, child care and senior activities centers, and any other appropriate activities at the Southeast Community Facility;
(b) Provide guidance to…Develop and keep current an Annual Statement of Purpose outlining its areas of jurisdiction, authorities, purpose and goals…to ensure that operation of the facility enhances opportunities first for the benefit of the residents of the Bayview-Hunters Point community and thereafter for the benefit of all other residents of the City and County of San Francisco to engage in employment training and educational activities, subject to the approval by the Mayor and the Board of Supervisors;
(c) Review and provide guidance on budget matters necessarily affecting the development and improvement of operations of the greenhouse, educational and job skills centers, child care and senior activities centers, and any other appropriate activities at the Southeast Community Facility. After public hearing, approve applicable facility budgets or any budget modifications or fund transfers requiring the approval of the Board of Supervisors, subject to the Mayor’s final authority to initiate, prepare and submit the annual proposed budget on behalf of the executive branch and the Board of Supervisors’ authority under Section 9.103;
(d) Review and provide guidance regarding proposed lessees and agreements with qualified private, community, public assistance and horticultural organizations;
(e) Provide policy guidance necessary to…Ensure compliance with all relevant municipal, State and federal laws and regulations, including, but not limited to, construction grant agreements, regulations and orders;
(f) Review and provide guidance on a regular basis on budgetary matters related to the operation and maintenance expenses at the Southeast Community Facility.”
Comm. Larkin thanked Attorney Hale and all members of CAG for the hard work and dedication they have given. He also announced the likelihood that the CAG will not end with the submission of this final recommendation, as there is much more work that needs to be done. Comm. Larkin concluded by congratulating Attorney Damone Hale on his new appointment as Executive Director of Young Community Developers.
MOTION: Moved by Kennedy, seconded by Brown/Jones to adopt the Final Report/Recommendation submitted by the CAG. Motion passed unanimously to adopt the Final Report/Recommendation as presented (7-0).
RESOLUTION (SECFC-2004-21) Be it resolved that Final Report/Recommendation to amend S.F. Administrative Code Charter 54 Sec. 4.102 be adopted as submitted.
After conferring with legal counsel, Comm. Larkin stated the resolution that has been adopted will be made available for public view in the Commission office; however, the Commission will come back for a final vote and thereafter submit the report to the Board of Supervisors for approval.
- Attorney Machaela Hoctor announced that Capt. Bruce was unable to attend the meeting because he is running the midnight basketball program. Attorney Hoctor is a deputy city attorney at the Office of the City Attorney in the Code Enforcement Division. She gave a brief overview of the Bayview Neighborhood Task Force (in operation for 2 months) stating that it specifically focuses on civil aspects of public nuisance in various districts (property-based model). The task force collaborates with 16 different city departments and one state agency. Additionally and on an as-need basis, other departments are brought in depending on specific cases. The team meets every two weeks at the Bayview Police Station and once briefed, the task force goes out to a location of complaint for a full inspection. Attorney Hoctor asked her colleague to briefly review the successes of the task force.
Attorney Yvonne Merè reported the focus of the law enforcement team is health and safety. Four inspections have been conducted since the task force began, two being notorious hot spots for narcotic sales in largely residential areas with another being a business operating unlawfully. Additionally, there is rampant dumping of toxins in the area. Attorney Merè then briefly reviewed the inspection procedure from notification of property owner, inspection of complaint location, and ultimate resolution of an issue. Attorney Merè concluded by saying that the task force is solution oriented and the goal of the team and collaborative efforts of the different city departments is to find long-term solutions to persistent long-term nuisance problems.
Comm. Brown asked whether there has been progress in determining the source of the drugs coming into the district and eliminating the source? Attorney Hoctor responded that Capt. Bruce has brought in operation rescue, operation ceasefire, and the narcotics task force to specifically try to get to the root of some of these issues but efforts do continue.
Comm. Person stated as a resident of Hunters Point, he has seen a lot discarded trash and has reported it. However once removed, more trash is dumped. He asked if there was documentation of the successes discussed tonight, as he has seen no results of these efforts. Attorney Merè responded although they have only been in operation for 2 months, arrests have been made, more plainclothes officers have been assigned, and the amount of arrests have been reduced. DPW has also been very supportive in responding to and removing debris.
Comm. Fuentes asked what type of outreach effort has taken place by the Task force to inform the public of task force efforts? Also, once the data is collected by the agency, how will it be utilized? Attorney Merè stated both she and Hoctor regularly attend the ROSES meetings, homeowner association meetings, and anywhere else the agency is requested to speak. Flyers are also posted at Bayview station, which has a code enforcement hotline number. Comm. Fuentes also suggested that poster be placed throughout the area and Comm. Brown suggested they be disseminated in the churches as well.
Comm. Sampson asked whether the team has determined the source of guns coming into the community? Attorney Hoctor stated through Capt. Bruce in collaboration with the F.B.I. and A.T.F., a specific program has been initiated that targets known felons in possession of firearms.
Comm. Kennedy stated the Double Rock area where rampant dumping occurs seems to be an area that needs attention and suggested the area be tested for toxins.
Dir. Moses asked the composition of the task force and wondered whether anyone from the neighborhood was included? Attorney Hoctor stated she would be happy to provide that list which will have contact information as well.
Comm. Larkin voiced concern that there are many outside entities working together yet no one from the community is involved and asked how the Commission could have more input not only with implementation but also in the plan. Attorney Hoctor responded that there are members from the community involved on the team, although no commissioners. She did note that the task force is open to community involvement.
Ms. Valentino asked whether youth can be incorporated in that committee through some of the city departments in hopes of generating jobs as well as learning experience? Attorney Merè stated since the task force is in its early stages, anything is possible. The task force is open to suggestions. Attorneys Hoctor/Merè distributed the following contact information: Machaela Hoctor, Esq. (415) 554-3850 machaela.hoctor@sfgov.org and Yvonne Merè, Esq. Yvonne.mere@sfgov.org @ (415) 554-3874.
- Mr. Leman Abrams, Communication Relations Outreach Specialist for Bay Area Rapid Transit (BART) stated that Measure AA BART’s Earthquake Safety Program would provide $1.3 billion for retrofitting the BART transportation system, specifically the core system (Tranbay tube). This is a measure that will be paid by property taxes, which equates to $7.00 per $100,000 of assessed value and will be on the November 2, 2004. Mr. Abrams urged everyone to support this measure, as the system is vulnerable due to the seismic issues involved. He distributed informational handouts and stated he would be happy to return to discuss the project further if the measure passes.
5.0 Director’s Report
Dir. Moses reported: An explosion occurred at the Water Pollution Control Plant (Southeast), which was brought to staff’s attention by Facility tenants. The tenants did incur some damage to vehicles but no injuries were reported. There were however, minor injuries that occurred at the treatment plant. The PUC General Manger as well as the fire department were on site.
Comm. Larkin stated he did visit the site where the explosion took place and in speaking with some of the workers, he felt the explosion was a little more serious than what was reported. He was curious as to what type of emergency plans are in place since the community was not immediately notified of the explosion. He stated that quicker notification and dissemination of information must take place instead of waiting until it hits the newspapers. He also requested that when staff receives a call of that magnitude, that he be notified immediately. He suggested that staff sit down with the PUC community liaison and determine what emergency plans are in place.
(Report continued) The electric gate is complete, but the issue of ADA is still not resolved. DPT will install two additional handicap signs in front of the facility; however a hearing must take place first. When that hearing date is set, staff will call on commissioners to come advocate. Mayor Newsom will be assigning a community liaison at Southeast one day a week (Friday) from Mayor’s Office of Neighborhood Services. There will be a big “kick-off” in January. The Facilities Committee will meet tomorrow to address the security concerns at the Facility. The election of officers will take place in December.
MOTION: Acceptance of Director’s Report. Motion passed unanimously to accept report as presented (7-0).
6.0 Old & Ongoing Business:
Dir. Moses reported that Supt. Ackerman would present on Monday, November 22.
7.0 Introduction of New Business by Commissioners:
Comm. Person requested that the Commission explore the possibility of changing the second Commission meeting of the month from Wednesday to Thursday.
Comm. Kennedy encouraged everyone to begin participating in the meetings that take place involving the shipyard and redevelopment agency and went on to share a story that recently occurred at one of the meetings where a $1 million contract was awarded to an outside contractor in San Mateo. She also requested that Ms. Marcia Rosen come to update the commission on shipyard activities and what SFRA’s role will be as it relates to this community. Also that Mr. Roy Willis to give update on structures, contracts, and how Lennar can best serve the community regarding contracting and employment. Comm. Brown requested that staff obtain a copy of Supt. Ackerman’s State of the School Address prior to her presentation for Commission review.
Comm. Larkin requested that Mr. Sam Murray be placed on the agenda to discuss PUC’s plan of action as community liaison for implementation into the BVHP community as well as the dissemination of information re: emergency plans. Dir. Moses reported that Levin, Menzies & Associations has requested to present before the Commission to discuss the 5800 Third Street project. After discussion among Commissioners, staff was directed to send a letter of invitation to Levin, Menzies & Associates.
8.0 Public Comment
Referring to an earlier comment by a member of the audience, Mr. Sam Murray stated that the PUC does not appoint members to the CAC as stated, only the Mayor and Board of supervisors makes those appointments. He also suggested that a letter of request be sent to PUC regarding the action plan and anything else the commission might need so that he has a clear understanding of the request. Mr. Murray announced that he is in the process of setting up a workshop at Southeast so that people understand the process of certification and obtaining contracts. He reported that determination has not been made as to where his permanent worksite will be as community liaison but once that is determined, he will inform the Commission. Mr. Murray asked that Mr. Tommy Moala come forward to address Commission/community concerns regarding the explosion that took place on Friday.
Mr. Moala, Operations Manager of Water Pollution Control stated the explosion occurred on Friday, October 15 at 9:30 a.m. Two contractors were placing a metal cover over a temporary holding tank that holds sludge and in cutting a piece of metal, a spark ignited and the tank exploded. At no point was the community at risk. The plant remained online and only that part of the process was shut down for about 6 hours while damage was assessed. PUC did issue a press release of the incident. Mr. Moala concluded by apologizing that the Commission was not get informed in a timely manner.
Comm. Larkin asked was there a possibility the explosion could have been much larger since methane gas was involved and how dangerous is methane? Mr. Moala stated it would not have increased. Comm. Larkin asked were there injuries? Mr. Moala stated one person was taken to the hospital and released.
9.0 Announcements:
Comm. Kennedy announced the BVHP Multi-Senior Purpose Center will celebrate 35 years of service on Friday, October 29th at 7:30 at the South San Francisco Municipal Service Building. Dir. Moses reminded Commissioners to display their parking passes to avoid being ticketed.
10.0 Adjournment
Comm. Larkin adjourned the SECF Commission meeting at 8:20 p.m.
Respectfully submitted,
_____________________
Commission Secretary
