0:05The meeting will come to order.
0:07Welcome to the April 15, 2026 meeting of the Budget and Finance Committee.
0:12I am Supervisor Connie Chan, Chair of the Committee.
0:14I am joined by Vice Chair, Supervisor Matt Dorsey, and Member Supervisor Danny Souter.
0:20Our clerk is Brandt Haliba.
0:22I would like to uh thank Jeanette from SFGov TV for broadcasting this meeting.
0:32Clark, do you have any announcements?
0:34Thank you, Madam Chair.
0:35Just a friendly reminder to those in attendance to please make sure to silence all cell phones and electronic devices to prevent interruptions to our proceedings.
0:42Should you have any documents to be included as part of the file, they should be submitted to myself, the clerk.
0:46Public comment will be taken on each item on this agenda.
0:50When your item of interest comes up in public comment is called.
0:52Please line up to speak on the west side of the chamber to uh your right, my left along those curtains.
0:58And while not required to provide public comment, we do invite you to fill out a comment card.
1:02And leave them on the trade by the television to your left by the doors.
1:06If you wish for your name to be accurately recorded for the minutes, alternatively, you may submit public comment in writing in either of the following ways.
1:13I email them to myself, the budget and finance committee clerk.jsfgov.org.
1:23If you submit public comment via email, it will be forwarded to the supervisors and also included as part of the official file.
1:29You may also send your written comments via U.S.
1:32Postal Service to our office and city hall at one, Dr.
1:35Carlton because of the place.
1:37Room 244, San Francisco, California, 94102.
1:41And finally, items acted upon today are expected to appear on the Board of Supervisors' agenda of April 21st, unless otherwise stated.
1:51Thank you so much, Mr.
1:52Please call item number one.
1:54Yes, item number one.
1:59Is a resolution retroactively authorizing the Department of Elections to accept and expend funds allocated by the California Secretary of State in an amount not to exceed approximately 416,000 to fund voting system and election management system replacement for the period of July 1st, 2025 through August 31st, 2026.
2:21And today we have Department of Election here.
2:23Good morning, Supervisors.
2:24John Ernst, Director of Elections.
2:26So this morning, the Department of Elections is requesting the committee's review and approval of an accept expend resolution authorizing the Department to obtain funds from the State of California totaling 416,431.10 cents for the reimbursement of costs associated with voting system replacement.
2:45These funds are the city's allotment of a larger total that the State Legislature has provided for all counties in California.
2:52The Department will apply the funds to reimburse costs incurred when making lease payments to the voting system vendor as required under an existing contract.
3:01The city must also show that it provided matching funds of 138,810 and 37 cents to receive these state funds.
3:10Since the lease payment under the contract exceeds the total of state funds by more than the 138,810 and 35 cents, the city meets the requirement regarding the matching funds with without having to make any additional expenditures.
3:24And with that, I'll be glad to answer any questions regarding this resolution.
3:28I don't actually have additional questions regarding specifically the item before us today.
3:55And how how will we prepare for that?
3:58So right now, no, there's I don't have concerns about any about election security and about any impairment of the election process by the Federal Government for June.
4:08That's really the election that we're focused on right now.
4:10We're not really we're we are planning for November, but right now our focus is on the on the June election.
4:16We do have meetings with the uh Department of Emergency Management that is uh collaborative of all the security-related agencies and also support services like DPW will be part of that uh regarding supporting the department through the election cycle on election day.
4:35And those conversations will include election security, of course, and including any sort of potential impingement of the elections process by any federal agency or authorities.
4:46Um at this time, I I I don't expect there to be any sort of security issues arising in June.
4:54And I just don't, and I have my experience, the Federal Government has not interfered with elections processes in San Francisco during my time as director.
5:03And we do work with the FBI before every election and the DOJ.
5:08So we have connections in those offices.
5:11So I understand the fears, I understand the concerns, but at the same time, I do expect the election to be well administered and for people to vote safely and securely in in June.
5:23And if I uh recall correctly, that the city does and Department of Election is part of, has been through the city's like surveillance uh policy uh Chapter 19, that if I understand correctly, that uh for the Department of Elections, you do have cameras.
5:41Could you re elaborate a little bit?
5:44So, and we're also going to actually be bringing an amended uh request for an amended policy to the rules committee uh when uh after the third day rules over in a few weeks.
5:54Uh so in our office, we actually live stream and also everywhere else we live stream uh election-related activities.
6:00So any ballot handling processes that we undertake are actually live streamed on our website.
6:06And then we also have some internal live streaming where we can monitor what's happening, like in the voting center, which which is in the ground floor of uh City Hall.
6:16And then we also uh put cameras on the servers that we have that would record and administer the uh the election equipment uh and we and we record that.
6:26So if if there were any entrant, any entrance into where the area where the servers are, we would record that internally, both at in the office at the warehouse.
6:35Uh we live stream our elections processes where there's where there's ballot handling and and pro and uh in processing.
6:41And then we also live stream but not record uh activities such as the opening of of the ballots, uh, the uh the distribution of ballots to the poll workers, uh, the inspectors to take the polls on election day, um, the provisional ballot processing that we do.
6:59Uh and we have a rather robust schedule and and uh uh regime uh on our website that people can click into and watch.
7:08Uh so uh and also we have a pretty robust uh uh uh observation uh practice that we have in the departments.
7:18I think it's far more robust than other counties in the state.
7:22So we actually allow people to come and visit the department and actually be next and with our personnel as we process the ballots, they can see what we're doing.
7:31Uh nothing's being hidden.
7:33There's there's no walls or anything between people other than the ballot processing.
7:37We don't allow people in the tabulation room.
7:40So, yeah, with the we have the cameras, uh, we record any sensitive areas, and then also we have the in-person observation that we promote and we support through the election cycle.
7:48So if people have concerns, uh they're welcome to either to watch us uh remotely or to visit us in person and take part.
7:55Thank you, and Director Args.
7:56I just want to be on a record too about like how uh I personally am very grateful for the work that you've been doing for you know decades now.
8:06It's been a few years.
8:08And so I just want to express my gratitude.
8:10You really been making sure that San Francisco is being the leading city in uh integrity around election, uh, for election.
8:19Uh it is amazing like when I first learned about the surveillance uh policy that you brought forth.
8:24I didn't recognize and thought about the fact that when the Department of Election having these live camera on live streaming and what it actually means for not just a city but an example for the entire nation to see that you can have like integrity in your election and security in the election.
8:41And and and this you're doing this the most bipartisan way, and there's no uh any type of political involvements with it.
8:49So again, uh I and it's really great to hear that you you already have the leadership and the four sides.
8:56Of course, we do know that, but just hearing from you again on the record publicly talking about your anticipation and collaboration with other city agency anticipating potential, you know, not that we think that there will be, but for this November, but I just think that I really appreciate the leadership and the preparedness.
9:16Um Vice Chair Dorsey.
9:18Thank you, Chair Chan.
9:19I want to associate myself with uh the Chair's remarks.
9:22I I have been around uh city government long enough to remember when the Department of Elections wasn't always well run.
9:29And then there were some issues and questions, and I think your department and your leadership have been really great.
9:34I think um you know we uh transitioned to uh ranked choice voting, and there's there's a lot of innovations that San Francisco has done that you have been uh responsible for.
9:44And I also just appreciate during this time where the Trump administration is really elevating these sort of like accusations of ballot fraud.
9:54The concern is that this is something that delegitimizes democracy itself.
10:00And I really I think it is important that you're being proactive in addressing those kinds of things with the transparency in the way that you're doing it.
10:07So I just wanted to uh add that no questions.
10:09Just wanted to express my appreciation for you as well.
10:13And with that, we'll go to public comment on this item.
10:16Yes, we're now opening public comment for this item number one.
10:19If we have any members uh of the public who wish to address this committee.
10:24Madam Chair, we have no speakers.
10:25Seeing no public commons, public comment is now closed.
10:28Colleagues, I would like to send this item to full board with recommendation and a roll call, please.
10:33And on that motion to refer this resolution to the full board with recommendation, Vice Chair Dorsey.
10:39Dorsey, aye, member Sutter.
10:41Soder, aye, Chair Chan.
10:43Chan, I we have three ayes.
10:47Clark, please call item two and three together.
10:51Yes, item numbers two and three are resolutions establishing the appropriations limits for fiscal year 2025 to 2026 pursuant to the California Constitution.
11:01Item number two established at approximately 14.6 billion due to the addition of local non-residential new construction and the percent change in population within the San Francisco metropolitan area from the previous year for the purpose of computation of its appropriations limit.
11:17Item number three is for the special tax districts and infrastructure revitalization and financing districts and determining other matters in connection therewith, as defined.
11:27And today we have Office of Public Finance here.
11:32Uh Office of Public Finance will be next.
11:34Um, but I'm also from the controller's office.
11:38Um, this is my tenth year presenting the GAN limit.
11:40AI tells me it's my aluminum anniversary, so um gifts are welcome under $25.
11:47Uh so the GAN limit in short is a limit on taxes.
11:51Um it's a companion to Prop 13, which limited property tax.
11:54The GAN limit limits all taxes.
11:57If we collect too much, then over a two-year period we have to refund the taxes.
12:02Um the limit that we were allowed to were allowed to collect increases each year by an income factor or the growth of commercial real estate in the city, as well as population growth.
12:18And this year, the city is actually shrunk by four-tenths of a percent, but the nine at nine barrier counties has increased and our uh commercial value has also increased.
12:33So the total increase in our limit is more than 10 percent.
12:37Um we can also take away some we can also increase the limit by voter approval, and our Prop M, which was passed in 2024, exempts all of our business taxes from this limit for the next four years.
12:51And that increases our limit by 1.6 billion.
12:55Uh that takes our base limit to 11.7 billion.
12:59And after we do the increases for the cost of living and the voter approved increases, we get to 14.6 billion is the limit.
13:09And our tax proceeds that are subject to the limit here are 6.3 billion.
13:15We can just we can remove some capital outlay and some other federal requirements, and that makes our net tax proceeds 5.5 billion, and that leaves us 9 billion underneath the limit.
13:27And I will pass it off to my OPF colleague.
13:31And uh good morning, Chair Chan and Supervisors.
13:42I'm Bridget Katz with the Office of Public Finance, and I will be presenting on the resolution establishing the appropriations limit for fiscal 25-26 for special tax districts and infrastructure and revitalization financing districts.
14:03Uh community facilities districts, special tax districts, and infrastructure and revitalization financing districts are government entities whose appropriations limits were established at the times that these districts were formed.
14:17The laws governing these districts provide for an adjustment of the appropriation limit based on two factors uh population and the cost of living.
14:28Population growth is determined using the year-over-year change in San Francisco city and county population.
14:35Um as Michael just mentioned, per the uh State Department of Finance, this um was a decline in point three nine percent over the last year.
14:45The cost of living is determined using the change in California per capita personal income.
14:52Per the State Department of Finance, this was 6.44 percent for a combined adjustment factor of 6.02 percent for fiscal 2526 for these districts.
15:08This table shows the fiscal 2526 appropriations limit by district when applying that 6.02% adjustment to last year's appropriations limit.
15:21Um just as I mentioned, the original appropriations limit were set at the time of formation of these districts.
15:29Uh that concludes my presentation, and I'd be happy to answer any questions from committee members.
15:40Good morning, Supervisors Nick Menard from the budget legislative analyst office.
15:44Items two and three are two resolutions setting the appropriation limits for tax proceeds, both for the city and then for uh special tax districts.
15:53We show on pages four and five of our report.
15:57The city um appropriations subject to the limit or $5.5 billion, uh which is below the $14.6 billion limit that would uh item two would establish.
16:07And then on page six, we show the changes in appropriation limits for the special tax districts.
16:13Very little spending is uh qualifies or is subject to the limit within those special tax districts.
16:20Um, so we're also not anywhere near the limit on any of those districts.
16:25Uh we recommend approval of items two and three.
16:30Uh I don't see any name ROS on the roster.
16:34I don't have additional questions.
16:36Thank you so much for your work.
16:37Um and with that, let's go to public comment on these two items.
16:41Yes, we're now opening public comment for both these items two and three.
16:45If we have any members of the public who wish to address this committee.
16:49Madam Chair, we have no speakers.
16:51Seeing no public commons, uh, public common is now close.
16:56Um colleagues, I do want to flag for you that um we have requested for the budget and legislative analysts to provide further analysis include you know that we will have hearing this coming uh and uh end of this month as well as early May for us to dive deeper into the city's uh debt uh policies, managements, fee waiver, and related issues.
17:25So we will have uh more conversation then, potentially involving the controller uh for our hearing.
17:32So I just want to put that on the record as we anticipate um as we inching closer to the budget process.
17:38So with that, um I would like to send these two items to full board with recommendation and the roll call, please.
17:47And on that motion refer both resolutions to the full board uh with a recommendation, Vice Chair Dorsey.
17:53Dorsey, uh, member Sauter.
17:56I Chan, I we have three ayes.
18:02Clerk, please call item number four.
18:04Item number four is an ordinance extending for an additional five years through July 1st, 2031.
18:10The delegation of authority under the charter to the general manager of the public utilities commission previously authorized and extended by four past ordinances to enter into grant agreements under the SFPUC's green infrastructure grant program with terms of up to 20 years after the project completion date as defined by the grant agreements.
18:33And today we have SFPUC here.
18:40Good morning, supervisors.
18:42My name is Willis Logsden.
18:43I'm a senior watershed planner in the wastewater enterprise at the SFPUC, and today I'm introducing an ordinance that extends this of PUC's authority to administer its green infrastructure grant program through June of 2031.
18:55And I'd like to um thank Supervisor Mattelman for uh sponsoring this legislation.
19:01Um so before we dive in, I just wanted to give a little bit of background.
19:04Uh San Francisco has a combined sewer system, which means that both stormwater and wastewater flow through the same pipes.
19:11Managing stormwater is essential to protecting the reliability and the performance of that system.
19:16One way that we manage stormwater is through green infrastructure, which is a set of engineered stormwater management tools that capture slow down and clean stormwater.
19:25The goal is to reduce the volume and the flow of water entering the combined sewer system.
19:30Some examples include rain gardens, green roofs, rainwater harvesting, and permeable pavement.
19:36In addition to reducing pressure on the sewer system, these projects also deliver public benefits like neighborhood greening, climate resilience, and improved public spaces.
19:47Green infrastructure works by capturing stormwater runoff as it flows off of concrete and other impervious surfaces in our city.
19:55The area that contributes stormwater to the green infrastructure is called the drainage management area.
20:00And this concept of the drainage management area is important for this particular program because it is how we set our maximum grant funding per project.
20:09In the example shown here, the sports court comprises an area of about half an acre, which flows towards an engineered planter that is sized and designed to collect and store that water.
20:42And in order to reach that goal, we have three approaches that we utilize.
20:46The first is the stormwater management ordinance, which regulates new and redevelopment projects in the city, which was implemented in 2010.
20:53We have capital projects that SFPC builds and operates ourselves.
20:57And we have grant programs that offer incentives to property owners and community groups to build green infrastructure, including the GI grant program.
21:05And we're currently about one third of the way to our billion gallon goal and on track to meet that goal by 2050.
21:13The green infrastructure grant was launched in 2019 to provide funding for large properties in San Francisco to build green infrastructure that reduces the amount of stormwater entering the sewer system.
21:24The program provides funding for both design and construction on facilities in both public and private properties.
21:31The program targets large, highly impervious areas, for example, asphalt schoolyards and large parking lots, which are the main contributors of stormwater to our system.
21:40Awarded projects enter into a grant agreement with the SFPUC, and the property owner is responsible for maintaining the project for the duration of the 20-year agreement.
21:53The 20-year maintenance requirement is intended to align with the typical useful life of a green infrastructure asset.
22:00This also aligns with the expected performance of projects delivered through our wastewater capital program.
22:05By investing SFPUC ratepayer dollars in these projects, we believe they should have the equivalent level of performance over their life cycle as if we're building the projects ourselves.
22:14And lastly, the 20 years of maintenance also helps ensure that these projects can meaningfully contribute to our citywide 1 billion gallon goal.
22:24The program has five eligibility criteria.
22:26Firstly, being located on a parcel or public right-of-way that connects to an SFPUC sewer system.
22:32We also have a minimum project size requirement of that half an acre drainage management area that I mentioned earlier.
22:38There is also a performance requirement related to the design of the facilities to ensure that each project captures an appropriate volume of stormwater.
22:46And the grant team of the application team must have experience designing or constructing projects of a similar size and be in good standing with our program.
22:54And then lastly, each project must achieve at least two additional co-benefits beyond just stormwater management, including community engagement, climate resilience, and education.
23:06To date, we have awarded about $30 million in grants to 29 projects, including 11 public schools, five public parks, nine private schools, one housing development, and one artist cooperative.
23:18Nine projects have been completed to date, and there are currently nine more projects in construction that will be complete later this year.
23:24When complete, these projects will manage about 18 million gallons of stormwater each year.
23:29Overall, we're really happy with the outcomes we've seen from this program so far and the level of participation to date.
23:35Our team's gone out to about 68 different properties to assess them for opportunities for green infrastructure, and the result has been a pretty consistent rate of applications each year over the last seven years with an average of new four new projects awarded each year.
23:52The program is funded through the wastewater capital plan, which includes both grant funding and funds for the program administration.
23:58To date, we have awarded about half of the 61.3 million allocated in the capital plan.
24:04Applications are reviewed and awarded on an annual basis with the next application cycle expected to be this fall.
24:10Grant awards are based on the size of the project and the proposed budget.
24:14For that, we use a cost per acre managed metric to calculate the maximum grant award for each project, and that's based on the drainage management area.
24:23So in summary projects with larger drainage management areas that capture more stormwater are eligible for more funding.
24:29In addition to that cost per acre metric, we also have a per project cap of 2.5 million in funding per project.
24:38Since the launch of the program in 2019, SFPUC has come before the Board of Supervisors roughly every two years to extend the general manager's delegated authority to enter into agreements beyond 10 years.
24:49Before coming to the board, we also update the program rules at our commission.
24:53The SFPUC Commission recently approved a resolution adopting several updates to the program.
25:00The maximum cost per acre was increased from 1,035,000 per impervious acre managed to 1,120,000 per acre managed to account for inflation and to continue to be able to cover the full cost of design and construction of these projects.
25:15And the per project maximum grant award of 2.5 million remained in place.
25:20And in the spirit of continuous improvement, we made revisions to the program eligibility criteria and requirements, which are aimed at clarifying program rules and maximizing the benefits of the program.
25:30In the past, the delegated authority to the SFPC general manager sunset every two years.
25:36However, because today we are requesting a five-year extension to the general manager's delegated authority.
25:42Our commission also authorized the SFPC General Manager to increase the maximum grant award on an annual basis to account for construction cost inflation.
25:52And this will allow the program to update the cost per acre as needed for each annual application cycle.
25:58And we'll for that we will use the San Francisco annual infrastructure cost construction cost inflation estimate, which is a standard escalation index used for infrastructure planning in the city.
26:24So in summary, today uh we are seeking an extension of the board's delegated authority to allow the SFPUC general manager to enter into agreements with terms of up to 20 years after project completion.
26:36That'll ensure that the grant funded assets are maintained for their useful life.
26:41And extending this authority will allow SAPUC to continue partnering with property owners and community organizations to implement green infrastructure that benefits both our sewer system and our neighborhoods.
26:54With that, I want to thank you for your time.
26:55I'm happy to answer any questions on this legislation.
26:58And my colleague Jeremy Spitz also has a couple of amendments to uh introduce to the board as well.
27:05Could we go over to amendments right now?
27:12Hello, Chair Chance, members of the budget and finance committee.
27:16My name is Jeremy Spitz.
27:17Um these amendments have been distributed to you.
27:20They are just clerical amendments that were offered to us by the city attorney after we had already introduced the ordinance.
27:25Um so I can read them into the record very quickly.
27:28Please bear with me, there are a few.
27:30So on page one, in the long title, uh adding an S to ordinance numbers, and then striking ordinance number after all of the different ordinance numbers.
27:41On page two, line 16, striking city before administrative code on page two, line 24, um, adding the word of after modifications on page three, line seven, adding July 31st of each of each year.
27:55On page three, line twelve, adding um or the before municipal, so combined sewer system area or the municipal on page three, line eighteen, adding a dash between three and quarters on page four, line nine, striking the word is and adding the word R on page four, line fourteen, um, again specifying July 31st and then adding the word cost before escalation on page four, line eighteen and nineteen, um, striking the word updated and adding the word current, page five, line fourteen through twenty-three, striking all of the file numbers and just keeping the ordinance numbers.
28:34Um page six, line eighteen and nineteen, striking two after amendments and adding the word two after modifications, and then after grant agreements, adding that do not extend the terms of the agreements beyond 20 years.
28:50On page seven, line 22 and 23, um, again, adding ordinance numbers and then striking the individual ordinance number before all the ordinance numbers.
28:59And on page eight, line two, um, specifying that the ordinance shall become effective at 12 a.m.
29:04on the 31st day after enactment.
29:09And confirming with our deputy city attorney that none of these amendments are substantive.
29:14He's nodding, so thank you.
29:17And uh I just definitely uh want to thank SFPUC for the green infrastructure program.
29:23It has benefited the Richmond greatly, both for our Lafayette Elementary School and as well as our Alamo elementary school.
29:30Um the kids love it.
29:33Uh I know particularly for Lafayette Elementary, they even have like blueberries grown in their little tiny green garden now, and and but overall also have other infrastructure that um supplements it overall.
29:48So it is actually what happened, what ended up happening is with the green infrastructure, it adds allow the school to have the opportunity to add many other uh features to their outdoor space instead of asphalt um uh concrete outside.
30:05So thank you for that work and um supervisor Sauder.
30:10Thank you, Chair, and thank you for the presentation and for the program.
30:13I think it's a wonderful program, and I have no concerns about this extension.
30:16Um question, just when we're looking at the map, you know.
30:20I recognize that with the criteria, I think we're gonna we are seeing more funding and more projects in the west side on the south side, and I anticipate that will continue just given the um that that minimum acreage.
30:34Um but then you had early in the presentation you had a map that showed all of the potential green sites throughout the city.
30:42Um I guess I'm trying to s to square up square those up, right?
30:46If if we're not seeing many in District 3, district two of these projects funded.
30:51Um, how do we get that green infrastructure?
30:54What what are the opportunities and other funding ways to get that?
30:58Yeah, that's a great question.
31:00Um so yeah, I think the you know the half acre minimum size requirement could have something to do with that that has um you know some limits on the type of properties that could be eligible for this program.
31:10Um so I think in the future, if we start to you know run out of opportunities for large sites, we would consider um you know adjusting that that threshold to a smaller minimum size that could um you know create opportunities for smaller properties to participate in this program.
31:24Um and then we also do have other grant programs outside of the green infrastructure grant.
31:29Um we also offer uh what's called the Urban Watershed Stewardship Grant that will be coming back to online in the next um you know the next year or so um that provides opportunities for grant funding for smaller scale projects.
31:41And so we are trying to you know provide opportunities for you know different land uses to be able to um you know capture stormwater like throughout the city wherever it's feasible.
31:50Um and so if if a project or a property isn't eligible for this program, there might be other um you know other avenues for for funding that that we could offer.
32:00And I encourage that.
32:01I know um this weekend in Chinatown we're doing the rain guardians in Spofford Alley.
32:05So uh I look forward to that and and um thank you for all your work on this.
32:10And so with that, let's go to Papa Common on this item.
32:16Yes, we're now opening public comment for this item number four.
32:19If we have any members of the public who wish to address this committee.
32:23Madam Chair, we have no speakers.
32:25See you no public comment, public comment is now closed.
32:28Colleagues, I would like to make the motion to uh accept the amendment uh clerical amendment uh proposed by SFPUC and move the amended legislation to full board with recommendation and a roll call, please.
32:44And on that motion that we amend this ordinance as so written at the record by the department and to refer this ordinance to the full board with a recommendation as amended.
32:55Dorsey I, Member Sauter.
32:57Sauter, I, Chair Chan.
32:59Chan, I we have three ayes.
33:04Clerk, please call item number five.
33:07Item number five is a resolution approving and authorizing the general manager of the San Francisco Public Utilities Commission to execute a contract for the HEC Water and Power North American Electric Reliability Corporation compliance and audit support to Archer Energy Solutions LLC to provide as needed professional services to Hedgehogi Water and Power to meet North American Electric Reliability Corporation, Western Electricity Coordinating Council, California Independent System Operator, and the California Public Utilities Commission regulatory requirements for in the mountain not to exceed 11.6 million with a duration of five years with an anticipated time frame from May 2026 through May 2031, pursuant to the charter.
33:55And again, we have SFPUC here.
33:59My name is Adam Ozerkowitz.
34:01I'm the uh division manager for Hatchet Water and Power of the San Francisco Public Utility Commission based out of Moccusin.
34:07Uh here to um request approval for professional services 327 um HHWP NERC compliance uh audit and support.
34:18Um Hatchet Water Empower owns and operates components of the bulk electrical power system.
34:23This is the network of power generation and transmission networks that bring uh energy to the customers.
34:30Um Hechachi operates four electrical powerhouses, uh numerous miles of high voltage transmission lines, uh, two substations and two switch yards that are interconnected to other utilities, including uh PG ⁇ E uh Turlock uh irrigation district and Modesto Irrigation District.
34:47The the bulk electrical system um is overseen by NURC, the North American Reliable Electric Reliability Corporation and its subsidiaries, Western, the WEC uh Western Electricity Coordinating Council as well as the California Public Utility Commission.
35:04Um this regulatory oversight by NURC uh serves to provide uh a reliable electrical system for all of the power customers in the U.S.
35:12Uh that regulatory oversight oversees operational um and planning components of the power generation and transmission system, as well as security oversight, uh including cybersecurity of components of the bulk electrical system.
35:25Uh these standards require the bulk electrical system asset owners and operators to meet all of these NURC compliance standards.
35:32Uh NURC has the authority for financial uh fines for violations of their regulatory um uh regulations, uh operational restrictions and can result in uh mitigation costs as well as uh reputational harm.
35:48Uh the professional services contract 327 um provides support uh for meeting these reliability standards.
35:55Um 56 reliability standards uh that affect roughly um uh over 1,800 devices within the uh SFPUC uh components of the bulk electrical system.
36:06All of these standards require procedural documentation development, uh implementation of um operational procedures, uh staff training, um, and all of these standards and um components are uh subject to NURC um audits and updates.
36:21So the contract provides maintenance support of the NURC compliance program overall, uh training for staff, document uh development, uh subject matter expertise for NURC uh compliance as well as uh NURC uh implementation, uh, and then preparedness for um audits, whether it's a NURC audit or a self-audit as directed by NURC, uh, and then support for revising um or creating um procedures for new standards that make that may come to light.
36:48So with that, I'll take um any questions and ask for the support for um the professional services 327 contract.
37:01Item five is a resolution that approves a new agreement between the PUC's power division and Archer Energy Solutions.
37:09The contract has a five-year term and a value of 11.6 million dollars for those five years.
37:14There is also an option to extend the agreement by four additional years.
37:18And this agreement would allow Archer to continue to provide safety and operational um compliance reviews to ensure that the power division uh complies with the regulatory regulatory standards.
37:29We showed the budget for the contract on page 12 of our report.
37:33You can see this is about a $2.3 million a year contract funded by power customer revenues.
37:40Um that is similar to what they've been spending over the past couple years, so I think it's a reasonable budget.
37:46Uh there is a current contract that has about $750,000 of remaining spending on it and a term that extends through March 2027.
37:56Uh this contract I think may be undersized relative to historical spending and the fact that the billing rates, CPI every year.
38:04Um, so that remaining pool of funds could be used to top up this contract.
38:09We recommend approval of item five.
38:13Um I think uh just want to clarification on what you just said for the BIA for Mr.
38:20Minard, like what you indicated is that we believe they that SAPUC by projection probably will come back at least for the CPI increase for the contra remaining of the contract or the duration of the contract.
38:36I think if they're gonna continue to spend at the rate that they've been spending, this 11.6 million dollars is not sufficient.
38:44There uh but because they have 750,000 left over on an existing contract that doesn't expire for a year.
38:52Um I think it's possible they could use that to fund to to build some of the work going forward, and that this 11.6 million dollars could get them through the remaining you know, four years.
39:05So with the saving that they have, or I shouldn't say saving with with the unspent funding plus what we are approving today or intend to approve today, together that they are likely to be able to have uh well, extension the unspent fund becomes a contingency funding for them.
39:28That they could probably not have to come back for additional funding.
39:33Probably won't have to come back until probably like the last year of the contract.
39:36I think that what I'm thinking about too is like we're in a high inflationary environment.
39:40Uh we're at 3%, it's gonna go higher given the energy crisis and other inflationary like federal policy.
39:48Um and this contract budget essentially doesn't assume any inflation.
39:53Um they've been spending $2.3 million a year on the existing contract.
40:00So I do think it's a little undersized, and they'll probably have to come back before this five years is up.
40:03Is this as a PUC have a respond to that?
40:09Yeah, we do realize that concern.
40:12A couple of things have shifted over the past uh duration of this contract.
40:16We were able to bring some staff on board, subject matter experts that should alleviate some of uh that uh spending and potentially lower the the use rate of the contract capacity.
40:26However, that would be subject to those staff remaining on board and we don't have any attrition.
40:31Um so we do realize that we're we're really close on what the capacity of the contract is and what we expect to spend.
40:39Just want to be on the record about that.
40:41Um sorry, I have one more question.
40:44I think this is for SFPUC.
40:45Um, so in that event, um, just really uh about staffing.
40:50What is the projection of dollar amount that we think it's gonna potentially be additional to what we are approving today?
40:57The the additional contract capacity over the duration of the contract.
41:01Um I don't have that projection um on hand.
41:05Um however, if we look at the current spend rate, which is the 2.3 million per year, I think that that's what you currently calculated, correct?
41:15So that would that would put us out uh over the five-year contract, um a little uh only about a million over what we're currently requesting.
41:26And with that, let's go to public comment on this item.
41:30Yes, if we have any members of the public who wish to address this committee regarding this item number five.
41:35Uh now is your opportunity.
41:38Madam Chair, we have no speakers.
41:40Seeing no public commons, public comment is now closed.
41:43Colleagues, I would like to move this item to full board with recommendation and a roll call, please.
41:48Not a motion to refer this resolution to the full board with a recommendation, Vice Chair Dorsey.
41:53Dorsey, aye, member Sauter.
41:55Soccer, I, Chair Chan.
42:02Clark, please call item number six.
42:04Yes, item number six is a resolution approving the agreement between the Peninsula Corridor Joint Powers Board members boards, member agencies comprised of the city and county of San Francisco, San Mateo County uh transit district, and the Santa Clara Valley Transportation Authority regarding the Peninsula Corridor Joint Powers Board's fiscal obligations to California public employees retirement system, uh effective upon execution of the agreement by all member agencies and authorizing the MTA agency director of transportation to execute the agreement.
42:41And it is good to have our very own county transportation authority here.
42:47Good morning, committee members.
42:48Jesse Kaler, Director of Strategy at the San Francisco County Transportation Authority.
42:52The Transportation Authority partners with SFMTA to provide staff support to San Francisco's three appointees to the Caltran Joint Powers Board.
43:00This does include Supervisor Shimon Walton.
43:03We have been in coordination with his office on this item.
43:06The item before you is to consider recommending that the board approve an agreement with the two other member agencies of Caltrain, the Santa Clara Valley Transportation Authority and the San Mateo County Transit District, also known as SAMTRANs.
43:18Under the proposed agreement, the three Caltrain member agencies would agree to share financial responsibility with respect to Caltrain's pension funding obligations with the California public employee retirement system, CalPERS, in the event that Caltrain were to be dissolved, or if CalPers were to terminate its contract with Caltrain, and only in the very unlikely event that Caltrain were to be unable to fulfill these obligations.
43:43Caltrain is in the process of negotiating what is known as a successor agency designation and contract with CalPers as one part of a set of steps underway to give the Caltrain board and executive director greater oversight of and authority for the agency's dedicated employees.
43:59Since the three member agencies formed Caltrain in the early 1990s, SAMTRANS has served as managing agency for the railroad, including to date SAMTRANs' role to employ all public agency staff serving Caltrain.
44:12In 2022, the three member agencies and Caltrain entered into a four-party memorandum of understanding concerning the governance of the railroad, including to establish a dedicated executive director and to codify provisions for the management and oversight of rail employees.
44:26As part of the work stemming from that MOU, Council for Caltrain and Councils for the three member agencies have determined that Caltrain should have its own separate contract with CalPERDS for the railroad's employees.
44:37As a precondition of entering into a contract with CalPers, state law requires that the member agencies of the Joint Powers Board agree to accept financial responsibility for the JPB's pension obligations in the event that Caltrain were to be dissolved, or if the contract were terminated, and again, only if if uh Caltrain would not have in would have insufficient assets to cover those obligations.
45:00Given these parameters, it is in streak extremely unlikely that this clause would ever be triggered as Caltrain's assets are valued at approximately 4.2 billion dollars, and the estimate of pension liability for rail employees has been estimated at approximately 16 million dollars.
45:15Still, a formal agreement among the member agencies to provide a backstop for these obligations is necessary to fulfill CalPERS requirements.
45:22Given the low likelihood that the member agency backstop would ever need to be called upon, the recommended agreement does not apportion relative responsibility among the member agencies.
45:32If and when such apportionment were needed were to be needed, the proposed agreement agreement calls for this to be established through a future agreement among the parties.
45:40The Valley Transportation Authority Board approved the agreement last month, and the SAM Trans board approved the agreement earlier this month, with these approvals generally conditioned on board approval by all three member agencies.
45:51The SFMTA board also recommended approval last month.
45:54That concludes my remarks.
45:55We are happy to address any questions.
46:02Item six is a resolution that would approve an agreement between MTA, SAMTRANs, and VTA to accept uh Caltrain's financial obligations to CalPERS if Caltrain is unable to meet them going forward.
46:14Um this is related to Caltrain being able to enter into an agreement with CalPERS and requiring, because it's a JPA, the member agencies to basically um backstop those liabilities.
46:26We discussed on page 16 of our report the unfunded pension liabilities of uh Caltrain are at 15.7 million dollars.
46:34Uh CalTrain has 4.36 billion dollars in assets, 10 percent of which are liquid, um, and only 400 million dollars of total liabilities.
46:44So if it were to liquidate tomorrow, we believe that Caltrain is very well poised to meet this unfunded pension liability without contribution from the city, though the actual share of the city's responsibilities uh would be determined in a future agreement.
46:59Um I don't think it's completely without risk that Caltrain does go under.
47:04We show on page 18 of our report uh the kind of financial condition of the of the member agencies in Caltrain, both in terms of ridership and then their pre-COVID financial condition relative to as it is in 2425.
47:20And you can see Caltrain ridership is down 38 percent, and they and their net income is um you know negative 200 million dollars when it was only negative seven seventy-five million dollars pre-COVID.
47:32Um the good news is that the regional sales tax that's pending before voters uh would cover all Caltrain expenses for the next 14 years.
47:43Um if that does pass, that will also further reduce uh risk to the city.
47:50The final thing I'll say is that this $15.7 million unfunded liability is a point in time, it's from 2023.
47:58It's subject to change based on the contributions that Caltrain makes to CalPERS and then the performance of the CalPERS investment assets.
48:07And so that number could go up or down depending on the number of staff that are you know at Caltrain, the agency's contribution to CalPERS and performance of financial markets.
48:18Uh but ultimately, I do think this is a low risk agreement for the city, and we recommend approval of item six.
48:26Um I feel like this has been a long time coming that Supervisor Walton and even when Supervisor Aaron Preskin was on the board, that there was a really a long time discussion that uh particularly that when he still is Supervisor Walton, that being in Trent joint Trans Bay um authority, that just been quite quite an ongoing discussion about governing and staffing, and and this is uh almost the most neutral way to ensure that the staff can stay on board and and actually uh be protected with their pension, while I think not just San Francisco, but clearly shown in the budget legislative analyst report that the entire Bay Area as a transit system has to tackle uh deficits in across.
49:19Um I am supportive of this um agreement today.
49:24I think it's actually much needed.
49:26Uh while it does have its risk, I think it's a regional, like a shared regional risk that we all already have.
49:34And and that I anticipate that as an entire region collectively, we will also problem solve should should this really hit us.
49:43Um it's better that we're all in this together.
49:46And so with that, I don't have any other question or comment.
49:49I don't see names on rosters.
49:51So let's go to public comment on this item.
49:54Yes, we're opening public comment for this item number nine.
49:56If we have any members of the public who wish to address this committee.