SAN FRANCISCO PUBLIC UTILITIES
COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING APPROVED MINUTES
Tuesday, February 8, 2022
1:30 P.M.
(Approved February 22, 2022)
This meeting was held by Teleconference Pursuant to the Governor’s Executive Order N-29-20 and the Twelfth and Forty-First Supplements to Mayoral Proclamation Declaring the Existence of a Local Emergency Dated February 25, 2020 Commissioners
Anson Moran, President
Newsha Ajami, Vice President
Sophie Maxwell
Tim Paulson
Dennis J. Herrera
General Manager
Donna Hood
Secretary
SFPUC MINUTES FEBRUARY 8, 2022 2
1. Call to Order
President Moran called the meeting to order at 1:30 PM.
2. Roll Call
Present: Moran, Ajami, Maxwell, and Paulson
3. Adopt renewed findings under State Urgency Legislation to continue to allow remote meetings during the COVID-19 Emergency; continue remote meetings for the next 30 days; and direct the Commission Secretary to agendize a similar resolution at a Commission Meeting within the next 30 days. (Resolution 22-0021) No public comment.
On Motion to approve item 3:
Ayes: Moran, Ajami, Maxwell, and Paulson
4. Approval of the Minutes
a) January 14, 2022 Special Budget Meeting #2
b) January 20, 2022 Special Budget Meeting #3
c) January 25, 2022 Regular Meeting
Public Comment
• David Pilpel stated he had not reviewed the minutes and would provide suggested edits to the Commission Secretary.
On Motion to approve the Special Meeting Minutes of January 14, 2022:
Ayes: Moran, Ajami, Maxwell, and Paulson
On Motion to approve the Special Meeting Minutes of January 20, 2022:
Ayes: Moran, Ajami, Maxwell, and Paulson
On Motion to approve the Regular Meeting Minutes of January 25, 2022:
Ayes: Moran, Ajami, Maxwell, and Paulson
5. General Public Comment
• Bill Martin referenced a letter signed by him, Mr. Peter Drekmeier, and others regarding the Long-Term Vulnerability Assessment (LTVA). He discussed alternative water supplies, noting more research and action is needed. He discussed effects of bringing in more water supplies (call dropped during public comment).
• Aileen Boken discussed the Turlock Irrigation District (TID) Board of Directors meeting and their passing of a resolution accepting funding from the California Department of Water Resources for the solar panel pilot study. She urged the Commission to invite TID to present.
• David Pilpel stated he received the organizational charts he requested. He SFPUC MINUTES FEBRUARY 8, 2022 3
expressed concern with the number of vacancies, and acting appointments and assignments. He noted many positions require specialized certifications, knowledge, skills, training, and experience that is not easily replaced or transferred. He stated filling those positions will be challenging. • Nicole Sandkulla, BAWSCA CEO, referenced the letter provided to the Commission by the Tuolumne River Trust and others regarding the LTVA.
She discussed the LTVA and indicated it should be used by the SFPUC for long-term planning for the regional water system. She stated changes to the SFPUC’s assumptions must be based on the best available science and data. • Aleta Dupree discussed CleanPowerSF (CPSF) and the program’s importance. She asked that the SFPUC continue work on building a better and more comprehensive CPSF and continue electrification and use of renewable energy.
• Francisco DaCosta discussed an article in the Marina Times related to former SFPUC staff. He discussed the community benefits program and the individuals the program should help.
6. Communications
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) 2009 Water Supply Agreement Update
e) Annual Report on Dry Year Supply Progress Pursuant to AB1823 f) FY 2023 and 2024 Information Technology Projects and 2022 Technology Report President Moran stated that the LTVA is a dense document that is not easy to read, and that work is needed to ensure that the report is represented correctly. He indicated that the report builds upon itself and that if reading the report stops part-way through, there is a risk of misunderstanding or misrepresenting the report. He informed staff that there is work to be done.
No public comment.
7. Report of the General Manager (GM)
a) Drought Conditions Update
Steve Ritchie, Assistant General Manager (AGM) Water, reviewed (1) System Reservoir storage levels, stating there is likelihood Hetch Hetchy will fill this year.
He indicated Cherry Reservoir is being drawn down; (2) Other California Reservoir levels, stating Oroville and Don Pedro are doing well, with Shasta lacking; (3) California Drought Monitor, stating that January was dry, and it is expected that February will be dry; (4) Hetch Hetchy precipitation, with January and February flat; (5) Upcountry snowpack, with January and February flat. He stated there is snow to 5,000 feet, with the snow slowly melting and adding to reservoirs; (6) water available to the City; (7) Tuolumne River water available to the City; (8) Upcountry 6-Staion Precipitation Index (as of January 30, 2022), with a year-to-date total of 19.90 inches (average annual total 22.80 inches); (9) Bay Area 7-Station Precipitation Index (as of January 30, 2022), with a year-to-date SFPUC MINUTES FEBRUARY 8, 2022 4
total of 18.67 inches (average annual total 36.68 inches); (10) National precipitation forecast; (11) Total deliveries; (12) Water Use Reduction Tracker for the period of July 1, 2021 to January 21, 2022, noting San Francisco customers had a 14.9% reduction and Wholesale customers had a 6.4% reduction, for a total reduction of 9.1%.
No public comment.
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
None.
8. New Commission Business
None.
9. CONSENT CALENDAR
a) Approve the plans and specifications and award Agreement No. WD-2882, Trousdale Oaks Tree Removal Project, in the amount of $2,655,026 and with a duration of 545 consecutive calendar days, to the responsible bidder submitting the lowest responsive bid, The Professional Tree Care Company. (Resolution 22- 0022)
b) Ratify correction to Resolution No. 21-0082 approved on May 25, 2021 to accept closeout with modification for work performed by Yerba Buena Engineering and Construction, Inc., for Contract No. WW-607, Ocean Beach Immediate Action Plan As-Needed, to state that Modification No.1 (Final), decreased the contract amount by $753,973, not $759,973, for a total contract amount of $1,228,277, not $1,222,277, with no change to the contract duration. (Resolution 22-0023) c) Approve the plans and specifications, and award Agreement No. WW-648, Oceanside Water Pollution Control Plant Building 042 Primary Clarifier Improvements, in the amount of $6,490,014, and with a duration of 820 consecutive calendar days, to the responsible bidder that submitted the lowest responsive bid, Cal State Constructors, Inc., to selectively replace primary clarifier process equipment such as helical scum skimmers, scum skimmer spray water system, and primary effluent pneumatic operated butterfly valves and mechanical, plumbing, electrical, instrumentation & controls and associated process appurtenances at the Oceanside Water Pollution Control Plant. (Resolution 22- 0024)
No public comment.
On Motion to approve Consent Calendar items 9a through 9c:
Ayes: Moran, Ajami, Maxwell, and Paulson
10. Approve an increase of $2,250,000 to the contract cost contingency, and an increase of 180 consecutive calendar days to the contract duration contingency for Contract SFPUC MINUTES FEBRUARY 8, 2022 5
No. WW-712, New Montgomery, Jessie, Minna, and Mission Street Brick Sewer Rehabilitation, with D’Arcy & Harty Construction, Inc; authorize the General Manager to approve future modifications to the contract for a total contract amount of up to $7,627,625 and a total contract duration of up to 609 consecutive calendar days; and approve the addition of brick sewer rehabilitation in locations North of Market Street (bounded by Mason, Jones, Eddy, and McAllister Streets) within the proposed increased contingencies. This action constitutes the Approval Action for the additional work for the purposes of the California Environmental Quality Act (CEQA) pursuant to Section 31.04(h) of the San Francisco Administrative Code. The Planning Department has determined that this action is exempt from the CEQA. If the item is approved, the Commission will rely on that determination to make its decision. (Resolution 22-0025) Bessie Tam, Project Manager, Infrastructure, reviewed the location for the project work. She noted the conditions inside the 120-year-old sewers and stated that the brick sewers located on streets north of Market Street need rehabilitation. She indicated that Better Market Street Project Phase I is scheduled to issue notice-to-proceed in Spring 2022 and once contract work begins it may prevent rehabilitation of this sewer work for three or more years.
In response to a question from Vice President (VP) Ajami about the Commission authorizing the GM to approve future modifications to the contract, President Moran stated that the authorization is common, allows the contract to be increased up to a certain amount, and gives the General Manager the authority to execute the contract up to that authorized amount.
Public Comment
• David Pilpel thanked the Commission for rescheduling the item, noting it more cleare. He expressed support for the project and stated the presentation could be used as a model.
On Motion to approve Item 10:
Ayes: Moran, Ajami, Maxwell, and Paulson
11. Approve the plans and specifications and award Contract No. WW-718R, Wastewater Enterprise Elevator Maintenance, Repair, and Modernization 2021-2024, in the amount of $2,136,677, and with a duration of 1,125 consecutive calendar days, to the responsible bidder that submitted the lowest responsive bid, Star Elevator, Inc., to service and maintain all Wastewater Enterprise and Southeast Community Center elevators. (Resolution 22-0026)
Brian Henderson, Principal Engineer, Wastewater, introduced the item and requested approval.
No public comment.
On Motion to approve Item 11:
Ayes: Moran, Ajami, Maxwell, and Paulson
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12. Award five Master As-Needed Tree Services Contracts: WD-2860R2.A; WD-2860R2.B; WD-2860R2.C; WD-2860R2.D; and WD-2860R2.E, each with a not-to-exceed contract amount of $10,000,000 and with a duration of 1,826 consecutive calendar days (five years), to the five highest scoring responsible firms submitting a responsive application: (A) Anvil Builders, Inc., (B) Arborist Now, Inc., (C) Capax Group, Inc., (D) The Professional Tree Care Co., and (E) West Coast Arborists, Inc., to improve safety and reduce fire risk by providing as-needed tree removal and maintenance services on short notice at locations within or near the City and County of San Francisco and other San Francisco Public Utilities Commission (SFPUC) Lands; and authorize a combined spending authority of $10,000,000. (Resolution 22-0027) Tim Ramirez, Division Manager, Natural Resources and Lands Management, began by thanking staff for their work on the item. He stated that the drought has increased the number of dead trees in the watersheds and rights-of-way and the contract would assist with as-needed tree removal and maintenance services.
In response to a question from VP Ajami as to the availability of any data sets that track the frequency of drought and its effect on tree mortality and landscape management, Mr. Ramirez stated that annual plant pathogen surveys are conducted and high-resolution earth photography is taken to obtain datapoints, which are updated and compared to track changes. He noted the completion of the Peninsula Watershed Historical Ecology Report and stated that a link to the report would be provided to the Commission.
Public Comment
• Francisco DaCosta asked if Indigenous peoples have been consulted as to the number of dead trees and stated that the SFPUC should tap into their wisdom.
In response to a question from VP Ajami, Mr. Ramirez discussed the SFPUC’s regular conversations and work with the Muwekma Ohlone Tribe regarding lands management, including prescribed burns. He stated that staff will continue to reach out to those who have insights on the issues.
On Motion to approve Item 12:
Ayes: Moran, Ajami, Maxwell, and Paulson
13. Authorize the General Manager to execute a Memorandum of Understanding (MOU) with the San Francisco Municipal Transportation Agency (SFMTA) to set forth the agencies’ respective responsibilities, including cost sharing allocations, to jointly replace the San Francisco Public Utilities Commission’s water and sewer facilities and/or relocate them away from the new railway tracks along Taraval Street, from Sunset Boulevard to West Portal, as part of the SFMTA’s construction of Segment B of the L-Taraval Transit Improvement Project – Sunset Boulevard to West Portal, for a total estimated cost to the SFPUC of $33,760,678. (Resolution 22-0028) Bessie Tam, Project Manager, Infrastructure, introduced the item and stated that it is common to coordinate with other agencies under the “Build Once, Dig Once” SFPUC MINUTES FEBRUARY 8, 2022 7
initiative. She stated the project allows the relocation of SFPUC’s water and sewer facilities away from the L-Taraval line and will ease future operation and maintenance of SFPUC facilities without shutting down the MUNI lines. In response to a question from VP Ajami, Ms. Tam indicated that lessons learned from the Van Ness Project are being considered.
In response to a question from Commissioner Maxwell as to what is being changed during the project, Ms. Tam indicated that the pipes are being relocated to each side of the track and that the pipes are smaller in diameter. She noted no sensors or cameras are being inserted into the pipes due to their smaller size.
Public Comment
• Eileen Boken discussed San Francisco Municipal Transportation Agency (SFMTA) engineers’ comments on the work to be performed and indicated they said the pipes would be larger. She discussed project specifics. • David Pilpel expressed concern with the coordination between the SFMTA, SFPUC, and others working in the project area. He stated the proposed MOU omits the SFPUC’s previous approval and the Planning Department case number.
He stated the agenda item needs a project site map and website information. He stated SFMTA has already given notice-to-proceed and that he is unclear as to the Commission’s action.
• Francisco DaCosta stated that the presenters must speak the truth.
On Motion to approve Item 13:
Ayes: Moran, Ajami, Maxwell, and Paulson
President Moran and VP Ajami again requested that staff provide site maps with agenda items, as appropriate.
At the request of the President Moran, the Commission Secretary called items 14 through 17 together.
14. Public Hearing to consider and possible action to adopt the San Francisco Public Utilities Commission (SFPUC) (1) Biennial Operating Budget including the Revenue Transfer for Capital in the amount of $1,617,986,151 for FY 2022-23 and $1,661,250,585 for FY 2023-24, and (2) Biennial Programmatic Project Budget in the amount of $53,521,847 for FY 2022-23 and $52,486,941 for FY 2023-24. (Resolution 22-0029)
15. Public Hearing to consider and possible action to adopt the FY 2022-23 Capital Budget of the San Francisco Public Utilities Commission consisting of $1,117,521,515; authorize the General Manager to seek Board of Supervisors approval for (1) de-appropriation and re-appropriation of $38,331,660 in Water Capital Projects and (2) de-appropriation and re-appropriation $41,158,347 in Wastewater Capital Projects; and authorize the General Manager to seek Board of Supervisors approval for the issuance of (1) $129,653,767 aggregate principal amount of Water Revenue Bonds and other forms of indebtedness, including commercial paper and State Revolving SFPUC MINUTES FEBRUARY 8, 2022 8
Fund (SRF) loans, (2) $704,198,901 aggregate principal amount of Wastewater Revenue Bonds and other forms of indebtedness, including commercial paper and SRF loans, and (3) $140,889,875 aggregate principal amount of Power Revenue Bonds and other forms of indebtedness, including commercial paper and loans, subject to the terms of Charter Sections 9.107(6) and 9.107(8). (Resolution 22-0030)
16. Public Hearing to consider and possible action to adopt the San Francisco Public Utilities Commission 10-Year Capital Plan for FY 2022-23 through FY 2031-32 totaling $9,893,091,608. (Resolution 22-0031)
17. Public Hearing to consider and possible action to adopt the San Francisco Public Utilities Commission 10-Year Financial Plan for FY 2022-23 through FY 2031-32. (Resolution 22-0032)
Dennis Herrera, GM, provided a summary of the items to be presented. He stated that three public hearings were conducted in January, which included more than 12 hours of discussion. He noted that each enterprise and bureau presented their budget priorities, change drivers, and two-year operating and 10-year capital plans.
He indicated that an update to the Commission’s questions was provided. He stated that public input was given at each hearing and that obligations required under Administrative Code Section 3.3 were met.
GM Herrera provided a recap of (1) Budget Context: economic uncertainty, drought, evolving labor market (retirements, great resignation, high number of open positions, and hiring difficulties), continuing implementation of the Racial Equity Action Plan, growing regulatory requirements, higher expectations from customers and stakeholders, climate change resistance, and infrastructure maintenance; and (2) Budget Priorities: (a) Responsible Management - financial and environmental stewardship, revamp approach to capital projects, and continue to build the utility of the future; (b) Access and Affordability - no FY 2022-23 retail rate increases for Water and Wastewater to ensure access to critical services and for more efficient use of capital funding to deliver long-term savings and more affordable rates; and (c) Supporting People and Communities - delivering on jobs, economic stimulus, and community benefits.
FY 2022-23 and FY2023-24 Operating Budget (item 14): Laura Busch, Budget Director, began with a review of the budget development timeline and discussed next steps, indicating that material changes may happen as a result of negotiations with the Mayor and the Board of Supervisors. She stated that MOU negotiations with unions are happening and that depending on the outcome of those negotiations, there may be an impact on costs. She noted that the budget and financial plan were guided by the following Commission policies: Ratepayer Assurance Policy, Debt Policy, Coverage and Reserves Policy, Technology Policy, and Asset Management Policy.
Ms. Busch reviewed FY2022-23 and FY2023-24 total uses by revenue (sources) type; total uses by enterprise; and total uses by expenditure category. She continued SFPUC MINUTES FEBRUARY 8, 2022 9
with a review of FY2022-23 and FY2023-24 budget changes: (1) Uses - noting revenue projections have been finalized; and (2) Drivers - indicating that capital spending and power purchases are major drivers of the two-year budget growth.
Director Busch discussed FY2022-23 and FY2023-24 position changes (1) 60 substitutions repurposed vacant positions for changing operational needs; and (2) the alignment of job duties with classifications. She discussed the request for 58 new positions, stating it is a 2% increase over two years (21 operating and 37 project positions).
Director Busch presented FY2022-23 ($10.4M) and FY2023-24 ($10M) new proposals for Hetchy Power (40%); Hetchy Water (27%); Wastewater (19%); Water (13%); and CleanPowerSF (CPSF) (1%). The new proposals will address responsible management, access and affordability, and people and communities.
Commissioner Maxwell lost connection at 2:55 PM and reconnected at 3:00 PM.
FY2022-23 Capital Budget/Capital Financing Authorization (Item 15): Charles Perl, Deputy Chief Financial Officer (CFO), presented the $1,118M Total Capital Budget:
Wastewater ($793M); Water ($111M); Hetchy Water ($135M); Hetchy Power ($77M); and CPSF ($2M).
Deputy CFO Perl reviewed Key Projects in the 2022-23 Capital Budget: Wastewater ($687.4M); Water ($101.3M for Regional and Local); Hetchy Water and Power ($114.9M for Water, Power, and joint projects); Power ($66.2M); and CPSF ($1.6M). 10-Year Capital Plan FY 2022-23 to FY 2031-32 (Item 16): Deputy CFO Perl presented the $9.9B 10-Year Capital Plan for Wastewater (62%), Water (21%), Hetch Hetchy (16%), and CPSF (1%). He presented the uses, sources, unfunded amount, and unfunded percent for each.
Mr. Perl discussed the capital plan’s review process, stating it was a four-month effort that identified critical infrastructure needs over 10 years. He indicated costs grew by 9% as compared to last year’s plan due to inflation and new infrastructure needs, creating the “unfunded” portion of the plan. He stated a project deliverability review highlighted mismatch between project planning and execution capacity. He reviewed how the agency will retool capital planning efforts.
Deputy CFO Perl noted key projects in the 10-Year Capital Plan for (1) Wastewater ($6.1B) - Sewer System Improvement Project (SSIP) ($3.5B) and non-SSIP ($2.6B); Water ($2.1B) - Regional ($1.0B) and Local ($1.1B); Hetchy Water and Power ($974.4M) - Water ($232.7M), Power ($193.9M), and joint projects ($548.4M); Hetchy Power ($611.1M); and CPSF ($62.4M). Mr. Perl indicated that the SFPUC Capital Program presented a comprehensive look at the total capital program, including amounts appropriated to-date, FY 2022-23 budget, 10-year CIP, and post-10-year amount.
SFPUC MINUTES FEBRUARY 8, 2022 10
10-year Financial Plan FY 2022-23 to FY 2031-32 (Item 17): Deputy CFO Perl stated a comprehensive written report was provided which presented key assumptions for (a) sales volumes; and (b) projected expenses. He stated the 10-year Financial Plan meets financial policy minimums. He provided a brief review of (1) 10-year average annual projected retail rate change; (2) Fund balance as a percentage of expenses; (3) Current debt service coverage; (4) Indentured Debt Service Coverage; and (5) Revenue funded capital.
Deputy CFO Perl reviewed the following (1) Water (a) Sales Volumes (historical and projected), noting the addition of information regarding the retail water supply demand projections. President Moran indicated that he and VP Ajami had requested information for water supply and finance estimates and actuals. VP Ajami and President Moran clarified what information they would like to see on the graph. Mr.
Perl continued his review (b) Water Enterprise FY 2022-23 to FY 2031-32 Financial Plan (10-year average annual rate change 2.1% retail and 3.6% wholesale; (2) Wastewater (a) Sales Volumes (historical and projected); (b) Wastewater Enterprise FY 2022-23 to FY 2031-32 Financial Plan (5.2% 10-year average annual rate change); (c) combined water and wastewater average single family residential monthly bill (4.7% average annual monthly bill change over 10 years); (d) projected combined water and wastewater utility goals within current SFPUC affordability goals); and (e) projected combined water and wastewater bill growth is significant; (3) Hetch Hetchy Power (a) Sales Volumes (historical and projected); and (b) Hetch Hetchy Water and Power FY 2022-23 to FY 2031-32 Financial Plan; and (4) CPSF (a) Sales Volumes (historical and projected); and (b) CPSF FY 2022-23 to FY 2031- 32 Financial Plan.
Mr. Perl discussed FY 2022-23 to FY 2031-32 Financial Plan sensitivities, indicating (1) Fully funded 10-year Capital Plan sensitivity modeling results in higher 10-year average annual rate changes; (2) Drought sensitivity modeling examined lifting the emergency declaration which, may result in lower revenues of $10.6M in Water and $19M in Wastewater during budget years; and (3) Retail water volumes sensitivity modeled 0.6% water demand growth resulting in slight reductions to average annual rate change.
Mr. Perl thanked everyone for their assistance on the budget development.
Public Comment
• Francisco DaCosta indicated that a 2002 ballot measure embraced water and sewer and stated that water was dropped. He discussed the Sewer System Improvement Project’s budget increase. He asked how many pipes have been replaced and how may lead pipes there are. He asked when the digester and headworks projects will be completed and why they are taking so long. • Eileen Boken spoke to item 16 and presented suggested amendments to the 10- Year Capital Plan. She asked what the back-up for the Harry Tracy Water Treatment Plant is.
• David Pilpel stated he sent the Commission comments regarding the January budget hearings. He recommend the focus needs to be on “people infrastructure” SFPUC MINUTES FEBRUARY 8, 2022 11
rather than “physical infrastructure”. He expressed concern with the ability to fill the vacant positions and indicated that no new FTE should be added. He requested public outreach if an unbalanced program is approved. He provided comments on specific projects and asked that Commission reject any rate freeze.
He discussed Hetchy Power rates, the 10-Year Financial Plan, and data maturity.
VP Ajami noted her previous request for information regarding rate decoupling and asked about incorporating the reduction in wastewater flows into future projections.
Deputy CFO Perl stated that it will be part of upcoming discussions related to the rates study.
GM Herrera thanked the Commission for their involvement and comments and thanked staff for their work.
In response to a question regarding providing response to the public as to their comments, President Moran noted the purpose of public comment and stated that most questions can be handled off-line, He indicated if questions raised are important to the Commission’s consideration when voting or for the need to modify an item, those comments can be considered. VP Ajami requested that staff respond to Mr. Pilpel’s questions.
On Motion to approve Item 14:
Ayes: Moran, Ajami, Maxwell, and Paulson
On Motion to approve Item 15:
Ayes: Moran, Ajami, Maxwell, and Paulson
On Motion to approve Item 16:
Ayes: Moran, Ajami, Maxwell, and Paulson
On Motion to approve Item 17:
Ayes: Moran, Ajami, Maxwell, and Paulson
18. Public comment on the matter to be addressed during Closed Session None.
19. Motion on whether to assert the attorney-client privilege regarding the matter listed below as Conference with Legal Counsel
On Motion to assert the attorney-client privilege:
Ayes: Moran, Ajami, Maxwell, and Paulson
The Commission entered Closed Session at 4:23 PM.
Present in Closed Session: Commissioners Moran, Ajami, Maxwell, and Paulson; Dennis Herrera, GM, Michael Carlin, Deputy GM, Ron Flynn, Chief-of-Staff, Sheryl Bregman, Deputy City Attorney, Lee Sayao, SFPUC IT, and Donna Hood, Commission SFPUC MINUTES FEBRUARY 8, 2022 12
Secretary.
20. Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9 (d) (1) and San Francisco Administrative Code Section 67.10 (d) (1) Existing Litigation
David Alfaro, et al. v. City and County of San Francisco San Francisco Superior Court No. CGC-15-547492
Date Filed: August 20, 2015
Proposed Settlement of Attorney’s Fees, Costs and Interest Related to Resolution of Claims from Multiple Residential and Commercial Property Owner Lawsuits Regarding Flooding, in the amount of $3,626,444.85. This is the final piece of a three-step settlement of the action. It resolves all claims for statutory costs, interest, and attorney’s fees due to all Plaintiffs. The parties have previously, separately settled the personal and real property damage claims of all property owners and diminution in value claims of all property owners in this action. The proposed settlement completely resolves the litigation, subject to final approval by the Board of Supervisors. (Resolution 22-0033) The Commission exited Closed Session at 4:26 PM.
21. Announcement following Closed Session
President Moran stated that the Commission recommends the Board of Supervisors resolve and settle the existing litigation.
22. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a)
On Motion not to disclose discussions during Closed Session:
Ayes: Moran, Ajami, Maxwell, and Paulson
23. Adjournment
President Moran adjourned the meeting at 4:27 PM.
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San Francisco Public Utilities Commission