executive officer with the recent changes that they are going back to the legal services. so, we are, and we are requesting that if we continue the legal services and also, with their knowledge, and experience, here i am also going to be part of and we will be utilizing that knowledge and experience, for other purposes outside of the legal council services and last year we had approved not-to-exceed rate of $95,000 but based on the board of supervisors, you know, the request that this be a cost saving measure and also the fact of the work load being reduced and given the chance of the responsibility within lafco and the staff is recommending a amount of $45,000, and this is for me, a best guess as to what are not-to-exceed amount would be. and if we as the year goes on and we will be monitoring this and if it turns out that i was wrong, i will come back to you and increase that amount and because we are entering a new era here of not knowing exactly how much or what services will be needed and if there is a project and something that comes up, that we are not planning on we will need to

have the services and that will be one that i think that when we brought the budget for that, i will also be bringing the budget for the extra services of miss miller's office to do the activities for us, and so if we think that this is a good place to start and like i said, if the amount, needs to be exceeded that will be the case and also in addition to this, it is a couple of years, since miss miller requested an increase and requesting an increase this time of her rates of $5 an hour, for her and, each of her staff to do work for us. and so, that rate is schedule in your packet so that you can see what the schedule is and i am encouraging you to support, approving the extension of the contract for one year as well as the rate increase,. and with the not-to-exceed amount of $45,000 and as always, the contract has the ability for us if we wish to terminate the contract at any point in time during the year. any questions i am happy to answer. >> okay, thank you that was thorough and the packet has all of the information as well and so, not-to-exceed rate of $45,000 for the fiscal year. and that could be adjusted if

need be during the middle of the year and also an hourly increase. from 208 dollars an hour to $285 dollars an hour, or $275 to $280 and that is for the staff as well. and i am okay with that especially knowing that miss miller will not be in the executive director position and now you are the director and probably the hours will be less as well and so it does make some sense.. >> i want to note that i am certainly supportive of this and i want to thank miss miller i have certainly appreciated

the excellent work that you have done, and i think that it is important for us to maintain that continuity and thank the staff for the recommendation. >> any public comment? >> seeing none, could we have a motion to approve the rates? >> or for the not-to-exceed rate from commissioner breed and campos and we will take that without objection. >> and the item passes. >> okay. >> and the next item please? >> sorry. item number five, san francisco lafco reserve fund policy.

>> i think that pg&e was happy about that. >> commissioner, mr. freed? >> jason, freed, lafco staff, and on this item, if you remember from last month's meeting where we were talking about the budget, we were talking about our reserved fund that we have left and how that has been shrinking over the years as we have been spending it down to get the acceptable level and the fact is that we don't have a policy in place to determine what should be responsible amount for us to keep in place. and so based on the request from the commission last month, i did some research into what do the other s do as far as the reserve funds and just as every lafco is different, the reserve policies are very different, and some not having any and some have the specific ones and i wanted to focus on the ones that are similar to what i believe that we are looking for here in this commission which is a more general reserve and in your packet you will note that there is an attachment that has, a draft language for

a reserve for our policy that we could add to our policy, and since we don't have one right now. and but it is, what i tried to take the best parts of what i thought that we were looking to do, and yield a couple of questions to the commission so that you can make the final determination if you want it and if so, what to set that rate at. most of the commissions when they had a reserve policy, had 10 to 25 percent was set as a reserve amount. and some of them made note that that was a goal, and because they had started with nothing and were trying to work their way up for us it ko actually be the reis reis heser and we have more and it will be working our way down to it and so that will be an impact if we should do this because we will be making sure that we are keeping that money set aside and not spending it, unless there is a direct action with the understanding that they are drawing out of that reserve fund and need to build that fund back up to get it to the proper amount in order to be in that commission's policies should we adopt something today.

and one issue that i think that i did find and one of the commissions and i incorporated the language in our, for the purposes of the language, although that you can remove it if you so desire, and one of them, that specifically acknowledged that the staff, when they leave have things that are cost and associated with that, and such as the pay out and the vacation time and the things like that and make sure that the reserve has enough money to pay for all of the staff leaving assuming that they will leave on the last day of that fiscal year, if you leave on the last day, a lot of places what you do is pay out of person and it will take a month or two to find a person to replace them and all of a sudden you balance it by not having the person there and that pays for the vacation time and given the fact that how they currently operate and how the position and is one that is established in a way where it could send any fiscal year and right now we have through the next fiscal year and we are okay for now and it will likely end and if i leave at this point, you will be paying out and not necessarily have much money left in the account for that and so having a reserve

fund that is set aside to make sure that you are paying out and not going into debt for the very end of the year is that something, and needed. and having said that, even if you went with the ten percent amount of the lowest, of the lafco you will actually have more than enough to cover my expenses of the departure should that ever occur. and so i will leave it at that. >> okay, thank you. >> commissioner breed? >> thank you. i do understand that for some time, lafco has had a reserve, and we usually keep a certain amount of money in the reserve account, but, i guess, i am just not clear as to why we need to establish a policy with those minimum reserve, so since they are seems to always be a reserve, that exists within the lafco budget. >> there is always been a reserve, probably because the first few years of lafco we got

a money from the city and county of san francisco and it sat there being unspent and when i started working for lafco i believe that the reserve was somewhere up to 1 million dollars and we are now down to or we will be at the end of the fiscal here, $300,000, and we are doing it as a way to help the city and county, and many of those years were difficult budget years and we are not going to take any money we will spend ourselves down and every given year, even though we have the fund that will be going away as well, and unless we get an extension of the mou and we are going to get to a point where we don't have any money left in the reserve and so setting up the policy now, will establish and we continue to spend down which is what my goal will be to take the least amount that we need from the city and county until we get the reserve to a respectable level and by setting a policy, we will be establishing what that level is, and because what i want to keep in mind is if we budget ourselves should there be a last m inthat needs to be done, we will have a reserve always in place to make sure that we

can do the things at the end of the year that we will not be able to do otherwise, it givens us the flexibility and you are correct, up to now we have not had a need for policy but i could see one coming in the next couple of years and maybe not this upcoming year and a year or two after that and this establishment now will be helpful for us. >> for the next several years you will be living off of the reserve and moving down and we could, actually, be using a different source of funding to pay for lafco activity and here we will with this policy, and we will set a floor for what the minimum will be in our reserve. >> correct. >> as we move on to another source. >> and as we go back to the city and the county funding source, and as our funding source for lafco, we will have a reserve set in place, to protect ourselves in case there was an over run of cost for some reason. >> and so, just for clarification, so, clearly, if we have say, a requirement, that we said ten percent of a

certain dollar amount as a reserve, we need to go into those reserves how are we going to refill it, so that it goes back to what we expect to have as a policy for a minimum reserve? >> what you should do is spend it down in one year and with the following year's budget your goal will be to make sure that you have enough money left over, at the end of the year that you are balancing that out and you are saying, hey, we diped in $5,000 into the reserve and the following year you will have a line item that will be repaying the $5,000 is one way that you can do that. >> i mean, and i guess that i just, i just don't see that it is establishing a policy is really necessary. since we received our annual allocation, and the goal is that if necessary, it does not need for this allocation for whatever purpose we will budget for that. >> correct. >> what you get is sometimes you will get something at the

end of the fiscal year, occurring. and for example, my departure could end at the end of a fiscal year and once we are off of the current reserve being as flush as it is and we are down to the regular amount, you could end up if you don't have any reserve left over, not having the ability to pay the package to the staff when they leave, and you are all of a sudden going into debt and that is not good and there are ways for the county to loan money to lafco if it was so needed but having a reserve will keep that process from having to be discussed but to make sure that we are maintaining our own budget in ourselves and having the extra should there be an over cost run and like i said, the policy to set up one is up to the commission to decide. >> okay. >> okay. thank you for your report. and presentation, and we will go into the public comment, on this item. regarding the san francisco reserve policy. and yes? good afternoon, once again. commissioners. >> and first, just to speak in

favor of what your staff has recommended and i think that we are getting closer to game time with clean power sf and there are going to be needs for the staff and the contractors to do the work and some of that might be surprise work and i think that it makes a lot of sense what the director freed is proposing. and all right, i guess the executive officer, freed is proposing. and so, we would support that. and i would also like to red flag something for you. with regard to the funds that we get from the san francisco public utilities commission, i believe that even though it was not necessary for the lafco to do this, there was a memo of understanding or agreement formed with the puc about the use of the funds and the responsibilities and that i believe is up next year. and so now would be the time to start exploring and making sure that that agreement stays in place. and so that we don't find ourselves next year, with the san francisco public utilities commission saying, well, guys,

there is funds are not available to you any more, because the agreement is no longer in place. so, i just wanted to red flag that and so the folks are paying attention to it. >> thanks. >> thank you. any other member of the public that would like to comment come forward and seeing none, we will close public comment. and colleagues, i am actually, i know that we are going to go through maybe a couple of more years before we get to the end of the reserve, i actually would support a policy that would put a certainly percentage on it and i actually would be fine on the high end, 25 percent, or it is a small, and it is not a small fund, it is not a large fund, and so, to me having a policy of about 25 percent and which possibly could be about 75,000 dollars, or $300,000 reserve, and actually, i am thinking as i am talking. so i am probably like a 15

percent reserve to me would make the sense and to me would be around $40,000, and i could probably live with something like that and we would not get to that until we actually have you know, utilized what is in the existing reserve and the reserve policy will kick in, when we have another sort of funding that would pay for the general lafco activity and so it would not be like we are living off of the reserve any more and the other four, i will live with a 15 percent and i am willing to go up and down on that and probably more up than down? >> commissioner breed? >> and i am okay with it. i just want to make sure that what we are trying to do, as we relate to developing a plan, and what we are trying to do as we relate to implementing that plan and a joining marin or all of the things that we want to do and i don't want this to have an impact on the expenses necessary to see those things through. and so i guess, i am okay with

establishing a reserve, but, i'm not okay with doing it at the expense of what we are trying to accomplish. i don't want that to create a difficulty for us. so that is the only issue that i will have, but i am open to the possibility of doing it. >> yeah. and i would be concerned about what happened to it and mr. freed will respond to that. >> yeah, the one thing to keep in mind is what we are talking about is the general fund reserve and not our cca fund reserve and they are two different accounts of money and while i, and i am looking at it here and i am realizing that the policy itself is not stated but if you stick it into the lafco budget section, it does not talk about the funds and it does not impact that in any way and this will be the general fund reserve, rather than the lafco cca fund and if we are going to set that up, can you make sure that is clear in the language? >> thanks. >> okay, colleagues, very good. >> and o, i put on 15 percent,

and i could go a little bit higher, or if the people don't want to have a reserve, let me know. and we will have it and i will motion that we put in this language, but a percentage that we will put in will be 15 percent. okay? and the other colleagues and we will take that without objection. >> actually, if you are wanting to approve the draft language that we put in here, miss miller is saying that we might want to establish one in the draft forms and the 1.51 is establishing the annual budget and might want to say when establishing the lafco budget and not the cca fund, and then we could adopt the draft language that is in here with the 15 percent number added in and i think that will be addressed to commissioner breed's concerns. >> okay and this will effect the next fiscal year and currently we have the lafco for the next fiscal here is how much? >> and when i looked at it, and

two or three months ago, we were in the 350 range, i believe, and that is, you know, we probably spent that down a little bit and so my estimate is that we will end to $300,000 to $310,000 in the reserve account, and if we establish this today we are above the policy and i would not be putting any warnings to you, probably at all next year, it will be the year after that when we are setting up the budget that we want to make sure that we are balancing things correctly. >> and so by adding this language we are not setting up a reserve on that amount of money already? >> we are setting up that we have an amount and we are meeting that and we have more than what we need in that account and so as we are moving forward, what i will imagine and this is just thinking ahead and not out loud. is not this upcoming fiscal year, the budget has been decided the following fiscal year, we probably are going to need to get some money from the city and county of san francisco and maybe we don't ask for the three.

and the 300,000 is still caping that reserve and so we are spending it down appropriately and we have the amount correct in the reserve, and accepting the full amount and balancing the things out. >> according to the language and the majority of the vote of the commissions, the money can't be used and so there will have to be an actual vote for anything to go below. >> i will read into the record the language, 1.65, when establishing the annual budget, lafco shall at a minimum hold, 15 percent of the annual budget, or enough to cover costs for the department staff severance pay whichever is greater and i think that there is another language to add. >> yeah. and that first sentence is when establishing its annual lafco budget.

>> okay. >> when establishing its annual lafco budget, it shall hold in the reserve account, 15 percent or enough to cover the cost of the severance pay, whichever is greater by the majority vote of the commission shall the money be used with the understanding that it will be replenished in the future. >> okay. so the colleagues, we can take that without objection, and great. thank you. >> and actually, that is a very responsible for us to do. and so. >> item seven, executive officer's report. >> and i wish you all a happy pride weekend. >> happy pride to you as well. >> public comment on the item number seven? >> general public comment, is the next item. >> yeah. great. >> and just, using the opportunity of the executive officer's report because it is an action item, eric brooks, representing san francisco green party, our city.

and san francisco and the clean advocates of the co-coordinator of the choice and on the ab 2145, issue, you might remember that you and the executive officer prepared a letter to your almost to send to sacramento, assembly members about ab 2145 and now that ab 2145 has changed the coalition has to once again, to the senate, get a whole new series of opposition letters. and we could conceivablely ask you in july for this and however, the senate assembly will be taking this up in very early august again. and so if there is a way for the before the july meeting, for you to do an action item and so that you, as the chair can work with mr. freed to send a new opposition letter to incorporate the new problems with the bill, and that will be

good and so, you know, i will leave this open to mr. freed to make any recommendations, and what i would strongly recommend that we try to get a letter of opposition, very quickly to the senators, and if you get it to me, we have been in the conversation with senator leno and he wants to see such letters right away and so if you get it to us we can make sure that he sees it. >> thanks. >> thank you, i appreciate that and if we choose to right a letter, i want to just to state what our position will be, based on the legislation, and so it could be something, and a little bit different, but i think that what we want to see as an out come and it will be what i think that will be the most appropriate and any other member of public that would like to comment. >> seeing none, we will close public comment. and our next item is general public comment. >> item number 8, public comment. >> any member of the public that would like to comment on any item related to lafco purview? and seeing no one come forward,

we will close public comment, and or next item? >> item 9, future agenda items. >> colleagues, any future work for lafco? >> seeing none, we will go into public comment? seeing no member of the public come forward. we will close the public comment and our next item? >> ten, adjournment. >> colleagues, we are adjourned happy pride weekend to all. >> great.

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