ADOPTED MINUTES
GOVERNANCE ADVISORY COMMITTE
Wednesday, October 26, 2011, 12:00 PM
1800 Oakdale Avenue, Conference Room
San Francisco, CA 94124
1.0 CALL TO ORDER, ROLL CALL AND CONSENT CALENDAR
Commission President Willie B. Kennedy called the Wednesday, October 26, 2011 meeting to order at 12:13 pm in the Conference Room at 1800 Oakdale Avenue.
2.0 ROLL CALL
12:17 pm roll was called by Carla Vaughn, Commission Secretary.
Commissioners Present: Willie B. Kennedy/ Bobbrie Brown/ Brigette R. LeBlanc (arr. 12:25)/ Theo Ellington / Kitty Morgan (arr. 12:35)/Dr. Harrison Parker/ Greg Doxey
Staff Present: Dr. Toye Moses, Executive Director/ Deputy Attorney John Roddy/ Francis Starr, Senior Management Assistant/ Carla Vaughn, Commission Secretary/ Renata Leschinger, Clerk Typist
3.0 ANNOUNCEMENT
Commission President Willie B. Kennedy announced the Sunshine Ordinance.
4.0 TOPICS FOR DISCUSSION AND POSSIBLE ACTION
Commissioner Willie B. Kennedy: Presented the mission statement for the Southeast Community Facility Commission for discussion.
Mr. Greg Doxey: Asked that a historical narrative of how the SF Public Utilities Commission (SFPUC) became apart of the Southeast Community Facility Commission (SECFC) be in print for the public. He asked if it would be beneficial for the Commission to have an independent attorney outside of the City Attorney’s Office.
Commissioner Brigette Leblanc: Asked if John Roddy, Deputy City Attorney, worked for other departments.
Deputy City Attorney John Roddy: Explained that he is a city attorney and works for the city as a whole not one specific department. He explained that he is not aware of any historical narrative available but he will check.
Mr. Greg Doxey: Discusses his thoughts on the need for an independent attorney based on the communities concerns for the best interest of the community as a whole.
Dr. Toye Moses: Explained that there was concern that the SECFC was not a commission but and advisory committee. A Citizens Advisory Group (CAG) was created and in this group there was an independent attorney. It was the function of this group to review and give a final report on their findings of the Southeast Community Facility (SECF). They made recommendations to the commission for implementation. The Commission (SECFC) recently had a retreat and these issues were brought up. There was a committee created with Two Commission members and community committee members in conjunction with Deputy Attorney John Roddy. It will be the job of this committee to help come up with a new agreement to present to the Commission.
Ms. Espanola Jackson: Suggested that education be included in the mission statement. This was included in the original statement first adopted.
Commissioner Willie B. Kennedy: Stated that this will be included.
Mr. Greg Doxey: Pointed out that the original charter does include the education and training. He also asked if the committee would be in support of pursuing an independent attorney.
Ms. Kitty Morgan: Moved that an independent attorney be consulted in regards to the Governance Advisory Committee (GAC).
Dr. Moses: Suggested that Eva Paterson, Director of Lawyers for Civil Rights, be contacted.
It was confirmed that Ms. Patterson is no longer the Director.
Ms. Alma Robinson: Discussed finding the need for having an independent attorney prior to finding counsel. She discussed whether the community would be better served with an independent attorney and that an actual lawyer not a law student be retained. She explained that this committee (GAC) needs to decide how to maintain this Commission, including implementation of the current functions and making sure that no other agency be able to absorb the work of the Commission. She also feels that it is the job of the City Attorney to uphold the ordinance.
Mr. Greg Doxey: Shared his concerns of how much power the Commission had in the past years versus today.
Ms. Espanola Jackson: Expressed her concern regarding the powers that the Commission originally held when they were first formed. She explained that prior to the creation of the SFPUC this SECFC was created, and that somewhere down the line the power shifted from SECFC to SFPUC. She mentioned that she recently attended a SFPUC meeting asking that the SFPUC to cease and desist making decisions for the SECF she was told that the director of SECFC reported to SFPUC. She also mentioned having a meeting with the Chancellor of City College of San Francisco (CCSF), in this meeting she learned that CCSF would be condensed to one floor at SECF. She feels that this is unacceptable.
Commissioner Willie B. Kennedy: Moved that an independent attorney be retained for this committee.
This motion was tabled pending further discussions and research.
Ms. Alma Robinson: Feels that this is a political issue rather than a legal one the necessary laws are already in effect they just need to be implemented and abided by other City Agencies like SFPUC. She mentioned to the community that this is an issue to be raised during candidate forums before the upcoming election.
Dr. Harrison Parker: Feels that we need to be specific concerning what authority the Commission holds. He also noted that the Commission has no funds to put in action the original plans of helping the community.
Mr. Greg Doxey: Stated that in the original charter this building was set up to generate surplus revenue from the rental of units in this building. He again stated that a historical narrative be created on how the SFPUC took power over SECFC.
Commissioner Brigette Leblanc: Asked that this historical narrative be something in writing for all to view.
Deputy City Attorney John Roddy: Explained that in the 1920’s city government was reformulated. One of the Commissions created was the SFPUC. In 1995 the charter was amended which gave the Mayor authority to move functions between departments by executive order. During this time the sewer system enterprise was moved from under the Chief Administrative Officer to SFPUC.
Mr. Greg Doxey: Asked the reasoning behind this switch.
Deputy City Attorney John Roddy: Was not certain but believed this was to put all utilities under the same Commission.
Mr. Greg Doxey: Asked how this change enabled SFPUC to have power over SECFC.
Deputy City Attorney John Roddy: Explained that for jurisdictional and funding purposes the SECF is under Wastewater Enterprises at SFPUC.
Ms. Espanola Jackson: Stated that when the SECFC was set up in 1972 it was stated that the area would only receive 80% of San Francisco’s sewage. In the 1990’s when the SFPUC was set up deals were made behind the public’s back. The deal was that the SFPUC would be under direction of the state PUC. The state required SFPUC to take the sewage of Brisbane, Colma and Daly City. The community was never made aware of this situation. She said that she learned of this in 1996. Upon further investigation she learned that these cities pay a sewage tax to the SFPUC. She feels that the some of the revenue earned from this should go to the Bayview/Hunters Point Community (BVHP) since it is here where this sewage is treated. She presented a memo of changes she feels is necessary to be made to the administrative code.
Commissioner Brigette Leblanc: Stated that it is the responsibility of the community to hold the Commission accountable and it is the responsibility of the Commission to share the information with the public when received. She stated that during her short time with the Commission she has read that there is no funding for youth scholarships. In June, at the Joint PUC meeting she explained her concern to Juliet Ellis. She explained that she felt there were enough creative people around the table to initiate this. At that time it did not seem that the SFPUC was trying to be cooperative or supportive in making this happen. She also explained that at the last SFPUC meeting she requested that SFPUC report to the community of changes being made to SECF.
Commissioner Willie B. Kennedy: Asked that the committee focus on what changes need to be made to benefit the BVHP.
Ms. Alma Robinson: Asked Deputy Attorney John Roddy what the source of funding and how much was planned to be spent on community projects in the next years. She also asked if Hetch Hetchy Bond money would be used for this purpose.
Deputy City Attorney John Roddy: Stated that the source of money was water and sewer revenues. He is not sure the amount of money that will be spent on community projects. He explained that the Hetch Hetchy Bond for capital improvements is allocated for repairs on our damns, existing sewer and water lines. He also explained that 2% of capitol improvement projects go to art and cultural education.
Commissioner Willie B. Kennedy: Asked where the revenue received for the SECF went.
Deputy City Attorney John Roddy: Explained that this money went to the costs for operating the facility.
Commissioner Willie B. Kennedy: Explained that according to the history the purpose of funds received from the revenue of this building was to be used for education.
Ms. Espanola Jackson: Stated that it was the cities responsibility for the upkeep of this building. She explained that originally when the building was built the first five years of rent was to go to the Real Estate office and after that the revenue was to go to serve the community. She stated that the original program vowed to the community by the founding Commission has not been implemented.
Commissioner Willie B. Kennedy: Suggested that revisions be made to the memo submitted to GAC by Espanola Jackson so that it may be presented to firstly the Commission and then in turn to the Board of Supervisors. All revisions should be submitted to Dr. Toye Moses before the next meeting on November 9, 2011.
Dr. Moses: Asked staff to draft a letter to SFPUC asking for the exact revenues and expenditures of the SECF and 750 Phelps Avenue.
Ms. Espanola Jackson: Stated that regardless of what the cost is to maintain this building, SFPUC is responsible for the upkeep.
Mr. Lance Burton, Planet Fillmore Communications: Asked what is the authority this body has? What is the view the city has? What kind of resolutions and enactments can they act on?
Deputy City Attorney John Roddy: Stated that the commission provides guidance and oversight to the SECF. He comments that proposals be submitted in the future so that changes can be made. He states as a city official he has no opinion on the historical narrative, being that it never was incorporated into the city ordinance.
Ms. Espanola Jackson: Stated that all revisions and enhancements to the memo provided by Ms. Jackson are to be submitted to the Commission office, so that at the next meeting the committee can review them.
Commissioner Willie B. Kennedy: Suggested that a letter of invitation be sent to Supervisor Malia Cohen notifying her of this committee and informing her of the changes we would like to make to the ordinance.
Mr. Alan Rathbun, Decorative Plants: Stated that he would like to partner with City College to provide horticultural classes and training to the community.
Mr. Lance Burton: Invited everyone to attend a Board of Trustees meeting at 33 Gough Street at 7: p.m.
There was discussion on when these meetings would be held in the coming months. It was suggested that the meetings either take place early in the morning or late at night to accommodate people that worked during the day. No specific time was decided.
5.0 PUBLIC COMMENT
No Comments.
6.0 ADJOURNMENT
Commission President Kennedy announced the following:
The next regularly scheduled meeting of the Southeast Community Facility Commission will be Wednesday, November 9, 2011 at 9 a.m., 1800 Oakdale Avenue in the Alex Pitcher Jr., Community Room.
Commission President Kennedy adjourned the meeting at 1:55 p.m.
Respectfully submitted,
___________________
Renata Leschinger
Southeast Community Facility
Clerk Typist
