San Francisco Public Utilities Commission Meeting - October 22, 2024
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
San Francisco Public Utilities Commission Meeting - October 22, 2024
The San Francisco Public Utilities Commission (SFPUC) held a regular meeting on October 22, 2024, at 9:30 AM via hybrid format. The Commission elected new officers, approved the consent calendar and several regular agenda items, and heard extensive public comment on water supply, environmental justice, and community benefits. All voting items were approved unanimously (4-0) unless noted.
Consent Calendar
- 8A-8H: Approved eight consent items including: Amendment No. 1 to the Childcare Lease (modifying scholarship procedures); contract increases for ductile iron pipe ($117,517); water main replacement contract to Mitchell Engineering; security upgrades at Millbrae Campus to Rodan Builders; a greenhouse gas-free energy contract for CleanPowerSF; attestations of veracity for 2023 Power Source Disclosure Reports for Hetch Hetchy Power and CleanPowerSF; and novation of Contract No. PRO.0054.A from Woodard & Curran-Hydroconsult Engineers Inc., JV to Woodard & Curran, Inc. Commissioner Stacy thanked staff for the childcare lease negotiation.
Public Comments & Testimony
- Dave Warner (private CFO): expressed concerns that long-standing SFPUC practices limit commissioner influence, financial plans are too high given declining demand, and the agency is hoarding water, contributing to ecological disaster in the Tuolumne River.
- Francisco De Costa: criticized the SFPUC for challenging the EPA under the Clean Water Act and wasting taxpayer money on lawsuits; urged regional cooperation and public input before litigation.
- Mary Butterwick (longtime resident): opposed the city's Supreme Court case against the EPA; urged the Commission to end the lawsuit and focus on upgrading the combined sewer system; questioned the 8.5-year design drought and need for more in-stream flows for salmon.
- Brian Eckert (commercial and recreational salmon fisherman): emphasized the value of the salmon resource and urged the Commission to consider the importance of clean water and adequate flows.
- Melina Mackie Cabata (WAC SF, Vision Zero Coalition): called on the SFPUC to recommit to Vision Zero and become a leading agency partner to reduce traffic fatalities; noted 20 pedestrians killed in SF in 2024.
- Claire Fram (WAC SF board member): supported Vision Zero and asked the SFPUC to be a partner in street safety.
- Jason Foster (Outer Richmond resident): opposed the Supreme Court case seeking to unbind the city from water quality laws; asked the Commission to drop the lawsuit.
- Martin Gothberg (consumer of Tuolumne water): criticized the design drought as imaginary and arbitrary; alleged staff ignored climate change data; requested the Commission ask for likelihood analyses.
- Peter Dreckmeyer (Tuolumne River Trust): welcomed new commissioners; urged reinstatement of commissioner request tracking on the advanced calendar; asked for an update on resolutions regarding biological goals and adaptive management for the Tuolumne Voluntary Agreement; later (during item 6B) said he was denied public records and requested a workshop.
- John Rose Peppi (commercial/recreational fisherman and former fisheries biologist): concerned about lawsuits filed on behalf of SFPUC that the Commission had no say in; encouraged new commissioners to investigate policies on lawsuits.
- Norma Wallace Galvan (Ohlone descendant, senior homeowner): opposed planned 300% rate increase; urged the Commission to engage with outside experts and scientists.
- Lane Peugeot (Sierra Club California): supported the Bay Delta Water Quality Control Plan over voluntary agreements; welcomed new commissioners.
- Gloria Barry (District 10): questioned whether new commissioners would maintain business as usual; asked about community benefits on projects.
- Joyce (District 10 native): expressed frustration about lack of outreach and negative impacts from SFPUC projects on her community.
- Additional speakers during item 13 and committees initiated items raised concerns about the social impact program, lack of accountability, and community harm in Bayview.
Discussion Items
- 3. Annual Election of Officers: After public comment (including a caller urging re-instatement of request tracking), Commissioner Arce nominated Vice President Stacy for president; seconded and approved 4-0. Commissioner Leveroni was nominated for vice president and approved 4-0. President Stacy and Vice President Arce assumed roles.
- 4. Approval of Minutes for September 24, 2024: Approved unanimously.
- 5. General Public Comment: As summarized above.
- 6. Report of the General Manager
- 6a. Wastewater Capital Programs Quarterly Report (Q4, April-June 2024): Bessie Tam presented progress on capital projects, including Southeast Plant power feed (72.3% complete), channel force main intertie, and the Biosolids Digester Facilities (71% construction complete). The Biogas Utilization Project transitioned from public-private partnership to city-led design-build. Commissioner Arce praised the team's progress and community inclusion. General Manager Herrera responded to public comments, noting that staff is working diligently on biological goals for the Bay Delta as part of the voluntary agreement process, and that resolutions from 2017-2018 are being addressed.
- 6b. Report on Recent SFPUC Activities: GM Herrera welcomed new commissioners and clarified that direction to staff should go through the proper chain of command.
- 7. Bay Area Water Supply and Conservation Agency (BAWSCA) Report: CEO Nicole Sankula presented, noting SFPUC's 26 wholesale customers serve 1.8 million residents; wholesale revenue requirement is $332 million for FY2024. She introduced incoming CEO Tom Smegel (former CFO of Cal Water), who committed to focusing on reliable, quality water at fair prices.
- 9. Accept Work Performed by JMB Construction (Westside Recycled Water Pump Station): Approved final modification and payment (within contingency). Commissioner Stacy approved.
- 10. 10-Year Water Service Contract with U.S. Department of Energy for Lawrence Livermore National Laboratory: Angela Chung presented; estimated revenue $66 million over 10 years. Commissioner Stacy asked about water conservation and drought measures; staff confirmed lab is evaluating water efficiency, with a cooling tower replacement saving 6 million gallons/year and a proposed reclamation project saving 35 million gallons/year. Approved.
- 11. Amendment No. 3 to Contract No. PRO.0096 (Mountain Tunnel Improvements Project): Lucas Hoffman requested $9.5 million increase (total $34 million) and 6-month extension for construction management services. Project is 62% complete; reasons include extended hours, multiple sites, and increased environmental compliance. Commissioner Stacy noted the 35% increase and acknowledged project complexity. Approved.
- 12. Authorize General Manager to Seek Board of Supervisors Approval to Extend and Increase Delegation of Authority for Power Supply Contracts: Julia O'Geen requested extension until June 30, 2030, and increase of purchase authority from $200M to $300M/year and sales authority from $20M to $300M/year due to rising electricity prices and increased demand. Commissioner Arce strongly supported the flexibility. Approved.
- 13. Award Contract No. DB-138 to PCL Construction (Biogas Utilization Project): Daniela Brendau presented a $121.5 million design-build contract for converting biogas to renewable natural gas. Commissioner Arce raised concerns about PCL's past PLA compliance at Treasure Island; GM Herrera confirmed issues were addressed in the bid. Commissioner Leveroni asked about revenue and technical details (flare gas, tail gas). Public comment criticized lack of community benefits and outreach. Commissioner Stacy requested a presentation at an upcoming community meeting. Approved.
- 14. Increase of $385,000 for Contract No. WW-739 (Large Diameter Sewer Cleaning): Carmen Luke requested increase due to urgent work at Oceanside Treatment Plant. Approved.
- 16. Items Initiated by Commissioners:
- Commissioner Jamdar requested an update on community benefits outcomes; Assistant GM Masood Ordokhani described a public dashboard and new self-registration registry for nonprofits.
- Commissioner Arce expressed support for the agency, PLAs, CleanPowerSF, and addressing housing crisis.
- Commissioner Stacy requested a future agenda item on the Bay Delta Water Quality Control Plan update.
- 18-21. Closed Session: The Commission asserted attorney-client privilege, then in closed session recommended settlements in two cases (Arthur Bailey Jr. v. City and County of San Francisco; Stern Grove Festival Association v. City and County of San Francisco). After reconvening, the Commission voted not to disclose discussions.
Key Outcomes
- Elections: President Stacy and Vice President Arce elected unanimously.
- All consent calendar items (8A-8H) and regular calendar items (9-14) approved unanimously (4-0).
- Directives:
- Staff to provide an update on Bay Delta Water Quality Control Plan at a future meeting.
- Community benefits program transparency: Assistant GM described dashboard and self-registration process; commissioners noted public concerns.
- Closed Session: Settlements recommended for two pending cases; discussion not disclosed.
- Next Steps: The Commission will hold future meetings as scheduled; community meeting on Biosolids/Biogas project announced for October 23 in Bayview.
Meeting Transcript
Here. Commissioner Arcee? Here. Commissioner Jamdar? Here. Commissioner Leveroni. Here. You have a quorum. Well, didn't that feel good? I want to say first. Welcome to our new commissioners. I am thrilled that you've agreed to serve, and I really look forward to working with you. I think everybody brings uh enormous and very different expertise and experience to the Commission. And I think it's all going to work in our favor. So thank you for being here and agreeing to serve. I'd also like to announce that the San Francisco Public Utilities Commission acknowledges that it owns and are stewards of the unceded lands located within the ethno-historic territory of the Mawekma Alone tribe and other familial descendants of the historic federally recognized Mission San Jose Verona Band of Alameda County. The SFPUC also recognizes that every citizen residing within the Greater Bay Area has and continues to benefit from the use and occupation of the Mawekma Alone tribe's aboriginal lands since before and after the San Francisco Public Utilities Commission's founding in 1932. It is vitally important that we not only recognize the history of the tribal lands on which we reside, but also that we acknowledge and honor the fact that the Mawekma Ohlone people have established a working partnership with the SFPUC and our productive and flourishing members within the many greater San Francisco Bay Area communities today. Ms. Lanier, please call the first item. Annual election of officers, discussion and possible action to elect a president and vice president of the San Francisco Public Utilities Commission. I thought I would explain the process at the outset. We would elect a president first and take public, well, we would first take public comment on the election of a president, and then following that we would take public comment and then consider nominations for an election of the vice president. We also have a couple of options. If we want to get our feet under us today, we can also continue the item to our next meeting. It's really up to the commissioners and the commission what you'd like to do today. And let's call public comment first. Remote callers, please raise your hand if you wish to provide comment on item number three for the election of Commission President. Do we have any members of the public present who wish to provide comment on this item? Seeing none, moderator. Thank you. So commissioners. We need to have commissioners who chronologically understand what has been happening with the SFUC. And that requires a unique experience. I'm not going to do a NITS assessment on your qualifications. Some deeply and some uh superficially. That's my research, not it's not reflect on you. I've been attending these meetings for over 45 years at City Hall. And um it shocked me how the previous commissioners stepped down and how the elections were done. And um it also shocked a lot of my friends. What I would suggest is this is San Francisco. We embrace everybody. And embrace our university students and embrace the community and embrace public comment. Public comment is to be three minutes. It's now two minutes. But we need public comment, and we need this relationship between the public and the commissioners. And we need this relationship between the public and the commissioners. Thank you very much. Are there any other members of the public who wish to speak? Moderator?
openpublica.com