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San Francisco Public Utilities Commission
Correspondence Log
September 5, 2024 through September 16, 2024
Date Received From Subject
September 5, 2024 Peter Drekmeier TRT Letter Re Good Governance/SFPUC Resolutions (email and attachment)
September 6, 2024 George Dugan Fwd: Why is a San Francisco Firefighter being aloud two work at the PUC Sewer Operations department?
September 9, 2024 Jerald and Lois
Rosenblum Seeking reimbursement for repair costs of shared fence September 16, 2024 Peter Ragone SF Water Customer Service (email and attachment)
This Message Is From an External Sender
This message came from outside your organization. Report Suspicious From: Peter Drekmeier
To: Commission
Cc: Peskin, Aaron (BOS); Elsbernd, Sean (MYR)
Subject: TRT Letter Re Good Governance/SFPUC Resolutions Date: Thursday, September 5, 2024 3:39:08 PM
Attachments: TRT Letter Re- SFPUC Resolutions.pdf
SFPUC Resolution 19-0057 - 3-26-19.pdf
SFPUC Resolution 20-0138.pdf
TRT PRA Request - Biological Goals & Adaptive Management.pdf Denied - Document Released to Requester City and County of San Francisco public records request 242893.pdf Dear Ms. Lennear,
Please be so kind as to forward my letter and attachments to the SFPUC Commissioners and appropriate staff.
Thank you.
-Peter
-----------------------
Peter Drekmeier
Policy Director
Tuolumne River Trust
[email protected]
OFFICES
San Francisco
Modesto
Sonora
Mailing Address
P.O. Box 3727
Sonora, CA 95370
Phone
(415) 882-7252
Website
www.tuolumne.org
BOARD MEMBERS
John Kreiter, Chair
Eddie Corwin, Vice Chair
Eric Riemer, Treasurer
Marek Robinson, Secretary
Jose Borroel
Cindy Charles
Harrison “Hap” Dunning
Eric Gonzalez
Camille King
Marty McDonnell
Homero Mejia
John Nimmons
Iris Stewart-Frey
Bart Westcott
Brad Wurtz
September 5, 2024
President Tim Paulson and Commissioners
San Francisco Public Utilities Commission
Via email to [email protected]
Re: Concerns about SFPUC Governance.
Dear President Paulson and Commissioners:
On March 26, 2019, the SFPUC adopted Resolution 19-0057 (attached), and on June 23, 2020 the Commission adopted Resolution 20-0138 (attached). Both resolutions directed staff to work with the Modesto and Turlock Irrigation Districts to include biological goals and an adaptive management plan in the Tuolumne River Voluntary Agreement (TRVA).
On May 10, 2024, I submitted a Public Records Act request to the SFPUC for “all documents and communications produced or received by the SFPUC related to biological goals/outcomes and/or an adaptive management plan and process using performance measures that have been or might be included in the Tuolumne River Voluntary Agreement.”
On June 5, 2024, I received a response to my request from the SFPUC stating, “We have located responsive records but except for the attached resolution, we are withholding them because they are exempt from disclosure. Specifically, records that contain information that constitutes attorney-client communications…”
I hope you will agree that biological goals and adaptive management have nothing to do with attorneys.
After the SFPUC unjustifiably denied my request, I filed similar Public Records Act requests with the Modesto and Turlock Irrigation Districts. Both agencies responded, providing me with more than 60 documents. Not a single document referenced any conversations with the SFPUC about biological goals and/or adaptive management.
It appears that staff simply ignored the Commission directives. I request that the Commission revisit Resolutions 19-0057 and 20-0138, and direct staff to report on progress made on the directives.
2 Background
From the outset, the SFPUC has opposed the State Water Board’s 2018 Bay Delta Water Quality Control Plan update. Working with the Irrigation Districts, the SFPUC put forward an alternative plan known as the Tuolumne River Voluntary Agreement (TRVA). TRT and other NGOs argued that the TRVA was simply a checklist, and if the proposed measures did not result in sufficient ecosystem improvements, there was not an adequate back-up plan. The TRVA does not include SMART (specific, measurable, achievable, relevant, and time bound) biological and environmental goals, as required by the State Water Board.
Commissioner Moran acknowledged our concerns at the February 12, 2019 Commission meeting, stating, "Our draft voluntary settlement agreement does not really deal with what adaptive management looks like and what the objectives are, and we need to come to grips with that. So, I would support Commissioner Vietor's emphasis on the setting of realistic objectives and an ongoing process to assess progress and to take corrective action where that information is indicating it."
On March 26, 2019 Resolution 19-0057 was adopted. It states:
FURTHER RESOLVED, That this Commission directs staff to include specific biological outcomes in the voluntary agreement that will result in increased fish populations to make them sustainable in the lower Tuolumne River;
And:
FURTHER RESOLVED, That this Commission directs staff to work with MID and TID to develop an adaptive management process using performance measures related to the function and mechanisms of the non-flow and flow measures and resulting biological responses that would be implemented as part of a voluntary agreement for the Tuolumne River, subject to required environmental review and any required Commission approval of funding for such implementation;
On June 23, 2020, SFPUC Resolution 20-0138 was adopted. It states:
FURTHER RESOLVED, That this Commission directs staff to work with MID and TID to develop an appropriate, long-term adaptive management plan and process using performance measures related to the function and mechanism of the non-flow and flow measures and resulting in biological responses leading to increased juvenile salmonid out-migration success from the Tuolumne River to the San Joaquin River that would be implemented as part of the Tuolumne River Voluntary Agreement, subject to required environmental review and any required Commission approval of funding for such implementation;
3 Please Review the SFPUC Meeting Videos
SFPUC Commissioners come and go, and when they step off the Commission institutional knowledge is lost. None of the current Commissioners were serving at the time Resolution 19- 0057 was considered and adopted. This was a laborious process involving four iterations of the resolution over four meetings. Only one current Commissioner was serving at the time Resolution 20-0138 was adopted.
Please review the following SFPUC meeting videos for background on the resolutions.
December 11, 2018
https://sanfrancisco.granicus.com/player/clip/31998?view_id=22&redirect=true Steve Ritchie gives an update on the Bay Delta Plan (starting at 54:00) and Commissioner Vietor proposes a resolution (starting at 58:40).
February 12, 2019
https://sanfrancisco.granicus.com/player/clip/32394?view_id=22&meta_id=677616&redirect=t rue
Steve Ritchie gives an update on the Bay Delta Plan (starting at 54:35) and provides an outline for a resolution (starting at 59:36). Mr. Ritchie states, “So we’re looking for a resolution to have the Commission go on the record with policy level direction regarding the voluntary agreement process.”
March 12, 2019
https://sanfrancisco.granicus.com/player/clip/32631?view_id=22&redirect=true Ellen Levin gives an update on the draft resolution (starting at 26:55), and acknowledges that Commissioner Vietor had introduced an alternative resolution, which she discusses (starting at 53:25).
March 26, 2019
https://sanfrancisco.granicus.com/player/clip/32770?view_id=22&redirect=true The Commission discusses the resolution (starting at 1:30:44) with Commissioner Vietor commenting at 1:56:26. Resolution 19-0057 is adopted.
June 23, 2020
https://sanfrancisco.granicus.com/player/clip/36004?view_id=22&redirect=true The Commission discusses and adopts Resolution 20-0138 (starting at 2:47:49).
4 Thank you for considering my comments and request for a staff update on progress made toward the directives included in the two resolutions.
I look forward to a response.
Sincerely,
Peter Drekmeier
Policy Director
[email protected]
cc: Sean Elsbernd, Chief of Staff for Mayor London Breed Aaron Peskin, President of the SF Board of Supervisors
OFFICES San Francisco Modesto Sonora Mailing Address P.O. Box 3727 Sonora, CA 95370 Phone (415) 882-7252 Website www.tuolumne.org BOARD MEMBERS John Kreiter, Chair Eddie Corwin, Vice Chair Eric Riemer, Treasurer Marek Robinson, Secretary Jose Borroel Cindy Charles Harrison “Hap” Dunning Eric Gonzalez Camille King Marty McDonnell Homero Mejia John Nimmons Iris Stewart-Frey Bart Westcott Brad Wurtz May 10, 2024 Custodian of Records San Francisco Public Utilities Commission (SFPUC) 525 Golden Gate Ave. San Francisco, CA 94102 RE: Sunshine Ordinance Request To Whom It May Concern: Pursuant to the San Francisco Sunshine Ordinance and California Public Records Act, I request copies of all documents and SFPUC communications (internal and external) related to my request in bold below. SFPUC Resolution 19-0057 states: FURTHER RESOLVED, That this Commission directs staff to include specific biological outcomes in the voluntary agreement that will result in increased fish populations to make them sustainable in the lower Tuolumne River; And: FURTHER RESOLVED, That this Commission directs staff to work with MID and TID to develop an adaptive management process using performance measures related to the function and mechanisms of the non-flow and flow measures and resulting biological responses that would be implemented as part of a voluntary agreement for the Tuolumne River, subject to required environmental review and any required Commission approval of funding for such implementation; SFPUC Resolution 20-0138 states: FURTHER RESOLVED, That this Commission directs staff to work with MID and TID to develop an appropriate, long-term adaptive management plan and process using performance measures related to the function and mechanism of the non-flow and flow measures and resulting in biological responses leading to increased juvenile salmonid out-migration success from the Tuolumne River to the San Joaquin River that would be implemented as part of the Tuolumne River Voluntary Agreement, subject to required environmental review and any required Commission approval of funding for such implementation;
Please send me all documents and communications produced or received by the SFPUC related to biological goals/outcomes and/or an adaptive management plan and process using performance measures that have been or might be included in the Tuolumne River Voluntary Agreement. I would like to receive these materials electronically. If you have any questions about this request, please email me at [email protected] or call me at (650) 248-8025. Thank you for your cooperation. Sincerely, Peter Drekmeier Policy Director
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO. 19-0057
WHEREAS, The Bay-Delta ecosystem is in a state of crisis with the populations of most species of salmon at record lows, fish populations such as Delta smelt on the brink of extinction, and current water
quality, water quantity and habitat conditions unable to support their recovery; and
WHEREAS, The San Francisco Public Utilities Commissio n (SFPUC) has obligations to meet the water supply needs of its residents and Wholesal e Customers and has obligations under the Raker Act and Fourth Agreement to the Modesto and Turl ock Irrigation Districts (MID and TID), as well as commitments for various environmental water releases and a desire to provide water for future growth in its service area; and
WHEREAS, On December 1 2, 2018, the State Water Board approved Resolution No. 2018-0059, adopting
the Substitute E nviron mental Document and amendments to th e Water Quality Control Plan for the San Francisco Bay-Sacram ento/San Joaquin Delta Estuary ("Phase 1 Amendments"); and
WHEREAS, Also in resolution No. 2018-0059, the State Wat er Board instructed its staff to (1) "assist the California Natural Resources Agency i n completing a Delta watershed-wide agreement, including potential
flow and non-flow measures for the Tuolumne River, and
associated analyses no later than March 1 , 2019," and (2) "incorporate the Delta watershed-wide agreement, including potential amendments to implement agr eements related to the Tuolumne River, as an alternative for a future, comprehensive Ba y-Delta Plan update that addresses the reasonable protection of beneficia l uses across the Delta watershed, with the goal that comprehensive amendments to the Bay-Delta Plan across th e Delta watershed may be presented to the State Water Board for consideration as early as possible after December 1 , 2019"; and
WHEREAS, In January 2019, the City and County of San Francisco joined a lawsuit in the interest of protecting its rights and interests and those of its Wholesale Customers and because the State's proposed flow regime would limit its abilit y to meet its supply obligations and significantly impact the over 2.7 million people served by the Hetch Hetchy Regional Water System, and on February 14, 2019, the Bay Area Water Supply an d Conservation Agency (“BAWSCA”) filed a motion to intervene in that lawsui t “to protect its member agencies’ substantial interests in ensuring that they continue rec eiving a reliable and affordable supply of high quality water from the Tuolumne River”; and
WHEREAS, On March
1 , 2019, the SFPUC joined numerous other entities including th e California Department of Fish and Wild life and the Cal ifornia Department of Water Resources in submitting to the State Water Board a "Project Descr iption for Proposed Voluntary Agreements," which included a proposal for management of th e Tuolumne River ("Proposed
Tuolumne River Project Description”); and
WHEREAS, This Commission expects the terms of any vol untary agreement for the Tuolumne River that may ultimately be finalized would allow the SFPUC to maintain the (1) Water Supply Level of Service Goal and Objectives and (2) Sustai nability Level of Service Goal and Objectives adopted in Commission Resolution No. 08-0200; and
WHEREAS, The Proposed Tuolumne River Project Descript ion includes a number of flow and non-flow measures (“Discretionary Actions”) that may require MID and TID to conduct environmental review under CEQA as “lead agencies” that ma y require the SFPUC and its wholesale customers to participate in such environmental re view as “responsible agencies”, and this Resolution does not commit the SFPUC or the Whole sale Customers to approve or carry out any Discretionary Actions until any required CEQA review i s complete. In considering any proposed Discretionary Actions, the SFPUC and Wholesal e Customers retain absolute discretion to: (1) make such modifications to any of the proposed Discretionary Actions as may be necessary to mitigate any significant environmental impacts; (2) sele ct feasible alternatives to the proposed Discretionary Actions that avoid any significant adverse impacts; (3) require the implementation of specific measures to mitigate any significant adverse environmental impacts as part of the decision to approve the Discretionary Actions; (4) balan ce the benefits of the proposed Discretionary Actions against any significant environmental impacts before taking final actions to approve the proposed Discretionary Actions if significant impacts cannot be avoided; or (5) determine not to proceed with the proposed Discretionary Actions; and
WHEREAS, The SFPUC continues to negotiate with various stakeholders to further develop and detail a
voluntary agreement; and
WHEREAS, This Commission seeks to memorialize its vie ws and direction regarding its commitment to meeting its water supply obligations and the health of the Bay-Delta ecosystems in this resolution; now, therefore, be
it
RESOLVED, That this Commission supports the SFPUC's part icipation in the negotiation process for a voluntary agreement for the Tuolumne River and the D elta watershed-wide agreement and urges staff to complete said negotiations as rapidly as possible to improve the health of the fisheries and to maintain the reliability of its water supply; and be it
FURTHER RESOLVED, That this Commission urges the Sta te Water Resources Control Board to work in a collaborative and transparent manner to develop achievable and sustainable biological goals for the Delta and its tributaries; and be it
FURTHER RESOLVED, That this Commission finds that a comprehensive approach to the management of habitat, flow, and other factors in the Bay-Delta w atershed is required to protect native fish and wildlife species while concurrently protecting water supply reliability, and the Commission urges all Delta water users on a ll the tributaries to do their fair share to accomplish those goals as SFPUC should not bear a disproportionate water supply burden in
protecting the Bay-Delta ecosystem; and be it
FURTHER RESOLVED, That this Commission expects that all new contributions of flow and non-flow measures under the voluntary agreement for the Tuolumne River and the Delta watershed-wide agreement are in addition to flow obligati ons and required mitigation measures through State or Federal actions existing as of the date of this resolution; and be it
FURTHER RESOLVED, That this Commission directs staf f to include specific biological outcomes in the voluntary agreement that will result in increased fish populations to make them sustainable in the lower Tuolumne River; and be it
FURTHER RESOLVED, That this Commission directs staff to continue to coordinate with BAWSCA given the direct impact of the Phase I Amendments and any voluntary agreement may have on the Wholesale Customers; and be it
FURTHER RESOLVED, That this Commission directs staff to continue to work with and inform other stakeholders about the voluntary agreement process; and be it
FURTHER RESOLVED, That this Commission urges the St ate Water Resources Control Board to make the appropriate findings that any required SFPUC contributions to Delta outflow from the Tuolumne River be used for the protection and recovery of Delta fisheries and not to augment exports south of the Delta or of fset obligations by others to meet water quality objectives; and be it
FURTHER RESOLVED, That this Commission urges early implementation of a new proposed flow schedule for Don Pedro Reservoir and certain Lower Tuolumne River non-flow measures, subject to completion of environmental review for such measure s, if necessary under the California Environmental Quality Act ("CE QA"); and be it
FURTHER RESOLVED, That this Commission directs staf f to expeditiously pursue with MID and TID planning and environmental review for early impleme ntation of flow and certain non-flow measures included in the Proposed Tuolumne River Project Description for the Tuolumne River, subject to any required future Commission approval of funding for implementation of such measures; and be it
FURTHER RESOLVED, That this Commission directs staff to work with MID and TID to develop an adaptive management process using per formance measures related to the function and mechanisms of the non-flow and flow measures and re sulting biological responses that would be implemented as part of a voluntary agreement for the Tuolumne River, subject to required environmental review and any required Commission approval of funding for such implementation; and be it
FURTHER RESOLVED, That this Commission directs staff to proceed with planning efforts to explore economically and environmentally feasible alternative water supply options to meet various SFPUC needs and obligations, including off-setting enviro nmental obligations for instream flows, subject to required environmental review and subsequent
Commission approval of any future water supply projects in consultation with BAWSCA; and be it
FURTHER RESOLVED, That this Commission urges the State Water Board to commence environmental and independent scientific review of the Pro posed Tuolumne River Project Description at its earliest opportunity; and be it
FURTHER RESOLVED, That this Commission directs staff to provide monthly updates to this Commission on progress toward achieving res ults with regard to diversification of its water supplies, early implementation of flow an d non-flow measures, and the completion of voluntary agreements resulting in mor e sustainable fish populations .
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of March 26, 2019.
Secretary, Public Utilities Commission
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July 16, 2020 BAWSCA Board Meeting Agenda Packet Page 47 July 16, 2020 BAWSCA Board Meeting Agenda Packet Page 48 July 16, 2020 BAWSCA Board Meeting Agenda Packet Page 49 July 16, 2020 BAWSCA Board Meeting Agenda Packet Page 50 July 16, 2020 BAWSCA Board Meeting Agenda Packet Page 51 This Message Is From an Untrusted Sender
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From: George Dugan
To: Commission; Greg Wagner
Subject: Fwd: Why is a San Francisco Firefighter being aloud two work at the PUC Sewer Operations department? Date: Friday, September 6, 2024 12:18:55 AM
Sent from my iPhone
Begin forwarded message:
From: George Dugan <[email protected]>
Date: September 6, 2024 at 12:10:57 AM PDT
To: [email protected], Aaron Peskin <[email protected]> Subject: Why is a San Francisco Firefighter being aloud two work at the PUC Sewer Operations department?
I have set this question two weeks ago to the San Francisco Board Of Supervisors.
No One has answered this question, under the City Charter you can not have two City jobs. Is Eddy McCue being aloud Work two jobs , because his wife’s sister works for the PUC Humane Resources? I would like to have someone to explain this too me as a tax payer. I am sure many other tax payers would like to know.
Has anyone ever taken a look at the Overtime that is being given away at the PUC Sewer Department. You have the Sewer Service workers Class 7449 making $20,000 up to $40,000 a year on overtime and other pay? Than you have the PUC Sewer Supervisors class 7246 also making $20,000 up to $45,000 each year in overtime . The person that Dennis Herrera has appointed to over see The PUC Sewer Operations Department has No knowledge regarding to Sewers. And this person only represents to the job site on Mondays and Wednesdays. The other three days from home, how can you be a good manager and only reports to the office two times a week? So I hope that one of you will take a good look at the whole Sewers Department because the Contollers office Mr Greg Wagner and Dennis Herrera are not doing anything about this. They will not reply to anything because they don’t have a clue. Thank you all , George Dugan Sent from my iPhone
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From: peter ragone
To: Commission
Cc: Chauntelle Mcalhany
Subject: SF Water customer service
Date: Monday, September 16, 2024 1:17:07 PM
Good afternoon,
A few weeks ago, I received automated emails and texts from SF water suggesting there might be a leak or running water in my apartment. My neighbors and I checked though out the apartment and could not detect any leaks anywhere.
SF Water also directs ratepayers like me to the SF Water website to check for further details.
When on the website, it asked for a password which I cannot recall. When I tried to change the password, I was not able to recall the security question and that was rejected.
The site also has suggested to call the agency or to call the emergency number. We have no spent collectively hours upon hours on hold for two weeks with no pick up EVER.
Now I have been sent a bill for 419.00. As a ratepayer, I have no other options here but to email the commission and the representatives that appointed the commissioners to make them aware of the non functioning customer service system.
Needless to say I, like many others in San Franciscans, find dealing with the this public agency a source of endless frustration.
If there is an explanation or other course of action to take, please let me know.
Thank you,
Peter Ragone