February 23, 2011 SECF
ADOPTED MINUTES SOUTHEAST COMMUNITY FACILITY COMMISSION Wednesday, February 23, 2011, 6:00 PM 1800 Oakdale Avenue, Alex Pitcher Community Room San Francisco, CA 94124 Commission President Willie B. Kennedy called the Wednesday, February 23, 2011 meeting to order at 6:07 p.m. in the Alex Pitcher Community Room at 1800 Oakdale Avenue. Commissioners Present: Kennedy, B. Brown, A. Brown, Chung, LeBlanc, Norman, Ellington Commissioners Excused: None Staff Present: Toye Moses, Executive Director Frances Starr, Senior Management Assistant Carla Vaughn, Commission Secretary CONSENT CALENDAR Commissioner Kennedy read the Consent Calendar and the Sunshine Ordinance. PROPOSED ACTION It was moved by Commissioner Brown and seconded by Commissioner Norman to accept the Consent Calendar and approve the Wednesday, January 26 and Thursday, February 10 Commission Meeting minutes. The vote to accept the Consent Calendar was unanimous. None. Carla Vaughn, Commission Secretary announced the following: Press Release: Mayor Lee Announces Strong Federal Support For Central Subway Project CORRESPONDENCE Letter of Congratulations and Invitation to George Garcón, District Attorney Letter of Invitation to Dennis Herrera, City Attorney Letter of Invitation to Timothy Simmons, California Public Utilities Commissioner PRESENTER Commission Chair Kennedy introduced and welcomed Ms. Juliet Ellis, PUC Assistant General Manager/External Affairs. Ms. Ellis thanked the Commission for the invitation and congratulated Executive Director Toye Moses for his nomination and receipt of the prestigious Alex Pitcher Lifetime Achievement Award, which was presented to him at the Annual PUC Black History Luncheon. Ms. Ellis forwarded a message to the Commission from General Manager Ed Harrington advising he received his invitation to present to the Commission and he would find an appropriate date within the next couple of months. Ms. Ellis provided an overview of the Community Benefits Program which is being developed and implemented by the PUC. On December 8, 2009 the PUC Commission held a hearing around the issue of local hiring and directed staff to ascertain how well the Commission was doing as an agency with regard to local hiring for the Water Sewer Improvement Program. (WSIP) The PUC Commission directed staff to develop a comprehensive agency-wide Community Benefits Program with the idea being that consultants would be hired to work with staff to determine a baseline for what is being done around community benefits and what could be done to institute an agency-wide program. SFPUC retained S.F. LBE consultants Merriwether & Williams and Davis & Associates who worked with staff and provided updates/presentations to the PUC Commission in April, September, November 2010, and January 2011. Former Supervisor Sophie Maxwell expressed interest in the progress of the development of the Community Benefits policy and program so several presentations were made to the Board of Supervisors Land Use and Economic Development Committee Hearings. On January 11, 2011 the SFPUC Commission adopted the Community Benefits Policy. The consultants facilitated comprehensive and inclusive Stakeholder Outreach which included: Holding Stakeholder interviews Presenting at community meetings to get feedback around what would a Community Benefits Program look like that would be relevant to the type of activities that the PUC is doing Creating an on-line survey to allow people to give feedback A national survey of other utility agencies Creating an inventory of existing work the PUC is doing that could fall under the umbrella of “Community Benefits” i.e. 9910 Program, Garden Project, resources to City-Build, etc. (over 80 programs were identified) Developing a definition of “Community Benefits” (because community benefits meant different things to different people depending on who you spoke with) The consultants worked with PUC to develop the following categories for existing programs: Workforce Programs Environmental Programs Land Use Education In January 2011 we presented to the PUC Commission a Community Benefits Program that would be: Comprehensive Agency-/Wide Across Enterprises Centrally Coordinated Intentional Inclusive and Accessible Applies to All Operations and Activities in All SFPUC Service Areas Transparent Sustainable Measurable The SFPUC defines community benefits as those positive effects on a community that result from the SFPUC’s operation and improvement of its water, wastewater and power services. The SFPUC seeks to be a good neighbor to all whose lives or neighborhoods are directly affected by its activities. The SFPUC has adopted a “triple bottom line” to guide its decisions, balancing the SFPUC’s economic, environmental and social equity goals, to promote sustainability and community benefits. The SFPUC has identified 10 different areas the community benefits work will focus on: Stakeholder and Community Involvement Workforce Development (90% of what was heard in feedback sessions was around jobs so attention will be focused on this area) Environmental Programs and Policies (Community gardening and other environmental stewardshipopportunities. The PUC has a lot of land assets including 34,000 acres in Alameda County. In March the PUC will be given a draft policy around Land Use and how we think about our land assets as it relates to the community benefits policy and other utility uses) Economic Development Arts and Culture (The City Charter requires that 2% of all above ground construction goes to support public art. We do a lot of capital work and put a lot of money into public art. It is administered through the Arts Commission. To date we have had a more hands off approach. We are now working with the Arts Commission to rethink what that relationship could look like as it relates to us being able to apply those arts dollars in supporting public art that is more locally based) Educational Initiatives (The PUC pays for a position that is housed at the SFUSD, a) Sustainability Director position. We will work more closely with the school district to implement Senator Leno’s legislation that requires all California public schools to have access to fresh drinking water, which many schools do not have) Land Use Diversity and Inclusion (Looking at everything from diversity issues as it relates to different task forces and committees as well as how we think about diversity and inclusion within the PUC as an agency with 2,000 employees) In-Kind Contributions and Volunteerism (Support PUC staff in being able to do in-kind and volunteerism collectively and intentionally) Community Health (Health as it relates to the core services around wastewater and power) Ms. Ellis said regarding the application of the policy the PUC is at an exciting place with the adoption of the community benefits policy. The PUC is the only utility moving in this direction so we are creating the program as we go. The next steps will include engaging stakeholders and other communities to provide feedback around the framework. We are beginning to think about how we can build out those 10 categories and what projects are under way that can begin to pilot that work. Upcoming is the Water Sewer Improvement Program (WSIP), the rebuild of the sewer system. A big portion of this work will take place in the Southeast neighborhoods and will include rebuilding the Wastewater Treatment Facility. The Request For Proposal will be released within the next couple of weeks and will have a Community Benefits component within the proposal. The Contract Assistance Center is another program of interest for this Commission. This program will focus on increasing the ability of smaller contractors to bid on PUC work and will launch within the next couple of months. Initially it will be housed at the PUC office on Market St., between 7th and 8th Streets. Shortly thereafter it will transition to the Southeast Community Facility. The Community Benefits Policy/Program will provide the PUC with the ability to implement the Environmental Justice Policy, which was adopted in October, 2009. The Commissioners thanked Ms. Ellis for her presentation and had questions as follows: Commissioner LeBlanc: When the consultants were retained was there an RFP/RFQ or was it done in-house? Ms. Ellis: They had an active contract and were already doing work around local hiring issues. Commissioner Ellington: Regarding fresh water in schools what is the flexibility of adjusting the 10 project areas to prioritize this issue? Ms. Ellis: The issue around young people not having access to water in schools is something that would be spearheaded by Senator Leno. The legislation passed at the state level mandating that school districts throughout California make sure that young people have access to water on school grounds. The challenge is that school districts have the option to opt out for financial reasons. The PUC is working with the school district and other utilities in California to talk about the roll out. We believe it will take collaboration with utility water providers, school districts, unions, and foundations to offset some of the costs. We have been able to benchmark how much it will cost to do this in all of the school districts in San Francisco. The estimate is about $500,000 for construction cost for new plumbing and the price of water units. Commissioner LeBlanc: Is there a list of the Stakeholders and their geographic locations? Also, regarding the in-kind contributions and volunteerism, would PUC employees be allowed to volunteer at some of our community based organizations? Ms. Ellis: The outreach was extensive and included rural areas. The SFPUC website at sfgov.org provides a detailed account of the survey and stakeholder interviews. Regarding PUC employee volunteerism, staff often volunteers on their own time and there has been no coordinated effort. In October there was an intentional effort and that will continue. You can contact Sam Murray or Ms. Ellis. Director Moses: What can the Commission do to help implement this concept, and when the RFP is out how can we help circulate the information to the African-American contractors? Ms. Ellis: The Chair of the PUC, Commissioner Francesca Viatore is interested in holding a joint meeting in April or May. With the commitment and the energy that is going to happen around the WSIP and the estimated $2 Billion dollars worth of work that will happen in the Southeast Sector, the Community Benefits Policy/Program is extremely important because it provides a tool to attach to WSIP, which is intended to hold the PUC as an agency accountable. We should stay in regular contact and work together collaboratively. Commissioner Kennedy: Can you elaborate on the Solar Projects and how they can benefit the people of this area. Ms. Ellis: The Go Solar Program was mandated by the Board of Supervisors. The PUC provides subsidies to residents, businesses, non-profits, and low-income communities. There is also a goal around job-creation. The program has been in operation for 3 years and there is a 10 year mandate. Sam Murray, Southeast Community Outreach Director, PUC Communications, shared information regarding the partnership of the PUC with the SECFC over the years, i.e. Career Day, Health Fair, 9910 Program, tutoring, Combined Charities, etc. Ms. Espanola Jackson, community activist, shared her positive experience with obtaining solar power through the Go Solar Program. She referenced promises that were initially made to the community/Commission that have not been fulfilled. The fulfillment of these promises would have allowed the Commission to provide more services to the community. Ms. Jackson expressed her support of Ms. Ellis. She said she hoped the services for the community would come through the SECFC. Dr. Parker had a question regarding the likelihood of the PUC funding worthwhile programs/scholarships through the SECFC as promised through the original mitigation. Ms. Ellis: The PUC will be engaging the SECFC in a direct way regarding these issues/ideas. The PUC has demonstrated their intention by approving a Community Benefits Policy and creating a Community Benefits Program. For example, a meeting with the Facilities Ad-Hoc Committee provided a conversation about the best use of the SECFC facility with relation to the month to month leasing and we have a commitment as owners of the building to see the vision of the facility fulfilled. Commissioner Kennedy thanked Ms. Ellis for her presentation and introduced Mr. John Roddy, City Attorney. Mr. Roddy provided a brief history of the development of the Southeast Community Facility Commission and the meaning of S.F. Administrative Code - Chapter 54. Copies of the Code were provided and the summary is as follows: Sec. 54.1 Findings. The Board of Supervisors (BOS) finds and declares the necessity to establish a Commission to provide guidance for the operation of the SECF. The Commission will foster public purposes and municipal affairs of the City: The employment of residents of economically depressed areas of the City; The development of job skills for unskilled City residents; The creation of opportunities for residents to participate in education programs; The creation of opportunities providing day care at low cost; The expansion of opportunities for community services for seniors; The improvement of prosperity, health, and safety of residents; The BOS further finds the BVHP community is a historically disadvantaged part of the City. Sec. 54.2 Establishment of Commission; Appointment; Terms; Meetings; Compensation; Executive Director. 7 member Commission with members appointed by the Mayor and residing or working in the BVHP community; The community is defined as south of Army Street, east of Hwy 101, north of the city and county boundary line shared with San Mateo County, and west of San Francisco Bay; Commission member vacancies shall be appointed by the Mayor; A president shall be selected by majority vote of the members for a term of two years; The date, place and time of meetings shall be determined by the Commission; Total compensation to Commissioners shall not exceed $100 per month; Any member missing 3 meetings in a 12 month period will be deemed to have resigned; The Executive Director shall be responsible for the enforcement of the rules and regulation of the Commission and manage the daily activities of the SECFC. Sec. 54.3 Powers and Duties of the Commission. Provide guidance for the establishment of business activities of the greenhouse, educational and job skills centers, child care and senior activities center, and other appropriate activities at the SECFC; Provide guidance to ensure the facility enhances opportunities first for the residents of BVHP and then all other residents of the City and County; Provide guidance on budget matters affecting the operations of the greenhouse, educational and job skills centers, child care and senior centers, etc.; Provide guidance regarding lessees and agreements with private, community, public assistance and horticultural organizations; Provide policy guidance to ensure compliance with municipal, State and federal laws and regulations, including, but not limited to construction grant agreements; Provide guidance on budgetary matters related to operation and maintenance expenses at the SECFC Sec.54.4 Surplus Funds. All proceeds from the leasing of the SECF shall be used to defray City and County costs of operating and administering the facility; Proceeds from the leasing that exceed the costs of operation and administration shall be known as “surplus funds”; Subject to the requirements of the Charter, the Commission may allocate surplus finds for certain uses related to operations and activities of the SECF; Surplus funds may be allocated for the following purposes: Scholarships first for residents of BVHP and then for other residents of the City and County to attend classes and other educational activities at the SECF or other accredited institutions of education; Scholarships first for children residing in BVHP and then for other children of the City and County to attend child care cents at the SECF or other State-licensed child care providers; Supplementary funding for job training programs and activities at the SECF Supplementary funding for community agencies which address the needs as identified in Section 54.1, Findings. The establishment of a reserve fund of 10% of each year’s budget surplus for the facility, to be used for the purpose of facility maintenance only. The fund will be maintained for 5 years, and the use of this fund will be reviewed at the end of the 5 year period. Sec.54.5 Rules. The commission shall issue rules for the conduct of its activities after the effective date of this Chapter. Proposed rules shall be reviewed by the Director of Public Works and Clean Water Program and the Office of the City Attorney prior to the adoption by the Commission. In closing Mr. Roddy pointed out the powers and duties of the Commission were essentially advisory and regarding surplus funds there never were any because the tenant rents had been set low and never approached market rate. From fiscal year 1999 through fiscal year 2003 expenditures were more than $3.4 million while revenues were about $1.8 million. Commissioner LeBlanc: It is troubling there are no surplus funds. Does rent need to go up to have surplus funds? Commissioner Ellis responded she will be reviewing the current lease structure. PUBLIC COMMENT Ms. Espanola Jackson, community activist commented regarding the Real Estate Department’s ability to collect from tenants, and she also wanted to know when responsibility transferred from DPW to PUC. Mr. Roddy reported sewer enterprises were transferred from DPW to PUC in 1996 and that transfer included this facility. Director Moses said an invitation could be extended to the Director of Finance to address the Commission. Commissioner Kennedy had comments regarding the need to amend the ordinance. Mr. Palega, community activist and former SECF Commissioner said the City Attorney is an advisor to the Commission and should provide guidance to amend the Charter and return revenue to the community. He also expressed concern regarding the loss of housing in Hunter’s Point to its original residents. Dr. Harrison Parker, community activist and former SECF Commissioner said the Commission needs to be more specific regarding its requests. Commissioner Kennedy said the Community Advisory Committee asked the Board of Supervisors to seek a legislative ordinance to make the Commission a chartered Commission. Dorris Vincent, community activist said former Supervisor Maxwell had offered support to the Commissioners and had requested they provide a framework for the ordinance. Director Moses said the Commission needed to work with the City Attorney’s office to pursue the Commissions request. Commissioner LeBlanc: How do we take this to the next level? Commissioner Kennedy responded the request needs to go to a committee. Director Moses suggested sending the request to the Community Advisory Committee. Commissioner Kennedy said the request required more community involvement. City Attorney Roddy said he would like to attend the meetings. Commissioner Kennedy said she was glad these issues came up and now maybe the Commission could get results. PRESIDENT’S REPORT Facility Committee, (Chair, Willie Kennedy) No report. Community Advisory Group, (Chair Bobbrie Brown, Co-Chair Shirley Jones, Community Activist) No report. Health and Housing Committee, (Chair Brigette LeBlanc, Co-Chair Bobbrie Brown, Member Theo Ellington) No report. Community Outreach & Public Safety (Chair Al Norman, Co-Chair Brigette LeBlanc) Commissioner LeBlanc announced the upcoming Community Outreach & Public Safety Ad-Hoc meeting would be held on February 28th at 1 pm in the SECF conference room, Suite B. Commissioner Chung announced the first meeting focused on how to bring more jobs into the BVHP district. She said the committee would be providing 6 recommendations to the full Commission to be voted on at the next Commission meeting. STAFF/DIRECTOR REPORT Director Moses and his staff provided updates regarding the renovation of the Alex Pitcher Community Room, coordination of Ad- Hoc Committee meetings, letters of invitation to Mayor Edwin M. Lee and PUC GM Ed Harrington, and the scheduling of a Commission retreat is on-going. Future presenters scheduled are Fred Blackwell, Executive Director Redevelopment Agency on March 10th and Supervisor Malia Cohen on March 23rd. SAN FRANCISCO PUBLIC UTILITIES COMMISSION STAFF REPORT & UPDATES Sam Murray, PUC Communications introduced Saed Toloui, Project Manager and Vi Tang of Cal State Construction, contractor on the Reservoir upgrade at Whitney Young Circle. Mr. Murray suggested forwarding an invitation to City Build to report on the work being done in the community. Mr. Murray introduced the new Southeast Maintenance Manager, Mark Harris a graduate of the 9910 Program who addressed the Commission, thanked them for the program and advised he was available to help in any way he could. Sam Murray commented regarding current problems with the building and the necessary repairs. He invited Mr. John Powell, maintenance supervisor to elaborate. Mr. Powell reported he had received a call from Richard O’Neal, stationary engineer advising of flooding on the ground floor due to an irrigation line that had failed. DPW and Wastewater Enterprises worked together to repair and clean the area. Commissioner LeBlanc: When will local hiring take place for the reservoir upgrade? Mr. Murray advised City Build would best be able to provide a response. Commissioner LeBlanc had a question regarding the project being over in January. Sam Murray responded that although people may have experience doing construction this job requires other skill sets. Dorris Vincent, community activist suggested also inviting Young Community Developers. PUBLIC COMMENT Tony Caruso, Decorative Plants thanked the Commission and the Executive Director for the meeting with the Police Commission regarding their search for a new Chief of Police. He said the discussion was lively. He also noted former Commissioner Heidi Hardin was honored with the prestigious Jefferson Award. Dr. Harrison Parker asked Attorney Roddy if there was a legal or practical difference between the SECF Commission and other City Commissions. Attorney Roddy responded there were a lot of differences and the topic would be addressed at the upcoming committee meeting. Commissioner Kennedy acknowledged Executive Director Moses was honored at the Annual PUC Black History Luncheon. Commissioner Bobbrie Brown made a presentation to Executive Director Moses on behalf of the Commissioners. Director Moses said how surprised he was to receive the award and it was so meaningful because Mr. Alex Pitcher meant so much to him. Commissioner Kennedy announced the 31st Annual Black Cuisine event being held on Sunday, March 5, from 11 am to 6 pm at the Dr. George W. Davis Senior Center on Yosemite Avenue and 3rd Street. Also, she requested announcements be moved up on the Agenda. Commissioner LeBlanc announced Senator Leland Yee would be at Rassala’s Restaurant for the African American Democratic Committee meeting on February 24th at 6 pm. Also, on February 25th at Rassala’s there is a Black History event for Supervisor Malia Cohen, Dr. Anita Grier, City College Trustee, and Kim Mott, San Francisco Unified School Board. The reception starts at 6 pm. ADJOURNMENT Commissioner Kennedy adjourned the meeting at 8:15 p.m. Respectfully submitted, ___________________ Carla Vaughn Southeast Community Facility Commission Secretary
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Commissioner Kennedy provided an update on the proposed hosting of a joint community awareness meeting with SECFC, CAC and PAC.
AD-HOC COMMITTEE REPORTS & UPDATES
Economic Development Committee, (Chair Karen Chung)
NEW AND ONGOING BUSINESS
Director Moses said invitations would be extended to City Build and Young Community Developers.
NEW BUSINESS REQUESTS
None.
ANNOUNCEMENTS
