Published By: Commission
|
MINUTES COMMISSIONERS The Honorable Richard Sklar, President |
DEPARTMENTS AND ENTERPRISES Water Enterprise Gavin Newsom Mary Y. Jung |
ORDER OF BUSINESS:
1. Call to Order: 1:40 P.M.
2. Roll Call: Present – President Richard Sklar, Vice President Ryan L. Brooks, Commissioner E. Dennis Normandy
Excused: Commissioner Ann Moller Caen, Commissioner Adam Werbach
3. Approval of Minutes
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the Minutes of the July 11, 2006, Regular Meeting; the Minutes of the July 25, 2006, Regular Meeting; and the Minutes of the August 8, 2006 Special Meeting; passed (3-0) unanimously.
4. Public Comments
Ms. Nancy Gilbertson, Redwood City resident, spoke about the importance of the SFPUC web site as it had a national audience and could influence people. She was concerned about chloramines in the water supply and asked the Commission to finish the study quickly so that a decision could be made on whether to continue using chloramine. She read from a prepared statement a history of ailments she had encountered among friends and family since chloramines were introduced into the water system. President Sklar thanked her and stated the Commission was awaiting the studies before any further discussion. Commissioner Normandy commented correspondence was received about this issue recently and asked that they be responded to in a timely manner. He stated the effects and use of chloramine was still on the radar screen.
5. Communications
There was no discussion.
6. Other Commission Business
President Sklar referred to a Boston Globe article about global warming that stated the single most critical impact in the United States from global warming was loss of the Sierra snowpack. He asked that a copy of the article be retrieved for the record and asked the Commission to join him in asking Ms. Susan Leal, General Manager of Public Utilities, to report to the Commission during the first meeting in November and provide preliminary information regarding the impact of the Sierra snowpack on water supply and address how the rising sea level would affect the wastewater operations. He surmised it would be possible for the staff to come back to the Commission with potential solutions for discussion early in 2007. Mr. Michael Carlin, Assistant General Manager of Water, stated he and Dr. Bruce McGurk, Manager of Operations at Hetch Hetchy, would address these issues in November after providing the Commission with enough detailed information so a fruitful discussion could take place.
Commissioner Normandy reported he attended an event celebrating the Sunol Agricultural Park and thanked staff for their work with this organization.
Vice President Brooks asked about a contract advertisement for $450,000 for odor abatement along the Embarcadero. He inquired whether this was a long-term repair and whether it would it eliminate the odor problem. Mr. Tom Franza, Assistant General Manager of Wastewater, replied this was an interim repair and more work would be done under the Wastewater Master Plan in three to five years.
President Sklar asked about the status of the Combustion Turbine Project and Department of Water Resources (DWR) funding. Mr. Tony Irons, Deputy General Manager of Capital Projects, stated DWR asked the SFPUC to answer a number of engineering questions. The SFPUC responded to those questions and were awaiting for a reply from DWR. President Sklar asked Ms. Barbara Hale, Assistant General Manager of Power, to return to the Commission with a report at the next meeting that addresses the issue of how much money was been spent on the project over the last eight to nine months.
Commissioner Normandy asked for information regarding the unauthorized use of SFPUC land by the drug cartels and what could be done to prevent this in the future. Ms. Leal responded Mr. Greg Suhr, SFPUC Chief of Security, would respond to this at a future meeting.
7. Report of the General Manager
a) Second Quarter O’Shaughnessy Awards
Ms. Leal announced the winners of the Awards: (1) Employees nominated by a peer – Duk-Soo Choi, Sam Murray, and John Rodgers; (2) Employees nominated by a supervisor – Charlene De Dios, George Engel, and Tommy Moala; (3) Supervisor/Manager nominated by their staff – Lavena Holmes-Williams, Karen Kubick, and Manfred Wong; and (4) Annual Teamwork Award – Scheduling Coordinator Transition Team
President Sklar thanked the Commission Secretary, Ms. Mary Jung, for her work on behalf of the Commission and presented her with a resolution honoring her for her five years to service to the Commission.
b) Water System Improvement Program
Mr. Irons reported a management retreat for the Water Supply Improvement Program (WSIP) was held and it was successful in building teamwork and allowing staff to fully understand the project and recommit themselves to delivering the projects as quickly as possible. He explained an organizational structure was set up and that Mr. Harlan Kelly, Jr., Assistant General Manager of Infrastructure, would be the head of Infrastructure and Ms. Julie Labonte would be the WSIP Program Director. There would also be six senior project managers with clear roles and responsibilities.
Ms. Labonte addressed the San Francisco Regional Program section of the prior WSIP Quarterly Report – 4th Quarter. She presented a PowerPoint presentation summarizing the overall project budget and schedule performance. She rated the agency performance as “good” and provided detailed information regarding the status of the projects and which phase they were in – planning, environmental, design, or construction. She reported there were delays from six months to fifteen months on pipeline repair, SCADA System – Phase II installation, and Crystal Springs Bypass Tunnel.
Ms. Labonte stated the accomplishments included: (1) Board of Supervisors (BOS) approval of $148.7 million supplemental funding request, (2) completion of Project Management Plans, (3) creation of formal Quality Management Program, and (4) completion of draft WSIP seismic design criteria. She stated advances were also made in the following projects: (1) Bay Division Pipeline Nos. 3 and 4 Crossover/Isolation Valves, (2) Sunset Reservoir Upgrades, (3) Pipeline Repair and Readiness Improvements (Phase A Sub-Project), (4) Calaveras Reservoir Upgrades, (5) Harry Tracy Water Treatment Plant Demo Filters, and (6) Pulgas Balancing Reservoir Inlet/Outlet Work.
Critical WSIP issues were identified as: (1) Programmatic Environmental Impact Review (PEIR)/Water Supply, (2) environmental review resources, (3) environmental commitments, (4) right-of-way (ROW), (5) quality control and assurance, and (6) a supplemental funding request. Ms. Labonte reported top priorities for the next quarter included: (1) construction pre-qualification program, (2) monthly project control meetings, (3) revised ROW encroachment policy, (4) environmental review and ROW schedules in project control system, (4) construction sequencing and packaging, (5) regional outreach with governmental agencies, (6) program hydraulic and operational criteria, and (7) award of Sunset Reservoir Upgrades (North Basin) and Bay Division Pipeline Nos. 3 and 4 Crossover/Isolation Valves (@ Hayward Fault).
Mr. Kelly stated the number of vacancies in Infrastructure and in the City Planning Department impacted the progress of the PEIR. He said the division has employed headhunters, increased salaries, and recruited beyond the Bay Area for environmental staff and engineers. Mr. Kelly stated he was open to suggestions on how to fill all the available positions as it would be difficult to meet the timetables without adequate staffing. Vice President Brooks asked Ms. Labonte to come to the Commission for additional resources for hiring purposes, if needed.
President Sklar referred to the pages concerning the Crystal Springs Tunnel and San Andreas Pipeline and remarked that the information on the two adjoining pages seemed disconnected and needed clarification. He opined that the CEQUA process needed an overhaul at the State level and that the process was causing delays in the schedule. He stated it appeared that many projects that were replacement of existing facilities whose only impacts would be during construction and would not have systemic environmental affects might be moved forward much sooner with prompt project environmental clearance. He stated many of these projects had major seismic implications. Mr. Irons agreed and replied he would provide more information on the status of the PEIR at the next Commission meeting.
Ms. Leal reported the SFPUC was conducting an agency-wide prequalification process for contractors which would result in qualified contractors bidding for advertised projects. She stated there was the added benefit of decreasing the number of liquidated damages and shortening the list of contractors who were banned from working with the SFPUC. Vice President Brooks expressed his concern that contractors prequalified today would not necessarily still be qualified years later and asked how large was the window for a contractor. Mr. Irons replied State law mandated two years. He added the SFPUC was participating at the annual convention of the Associated General Contractors and would be conducting significant outreach at that time.
c) Wastewater Master Plan Update and 5-Year Capital Improvement Program
Ms. Leal announced the Wastewater Enterprise would be coming before the Commission at the November Regular Meeting with a schedule for the Wastewater Master Plan.
d) Summary Consulting Report to Revenue Bond Oversight Committee (RBOC)
Ms. Leal introduced Ms. Elizabeth Sunshine, Chair of the RBOC, who proceeded to report on the Commercial Paper Program.
Ms. Sunshine began her presentation with a brief overview of the composition of the RBOC and its mission. She reported the RBOC hired a consultant, Robert Kuo Consulting, LLC & Lawrence Doyle, at the beginning of the year and they conducted their first audit and produced a final report dated July 17, 2006, “Review of Water System Improvement Program Expenditures Under PUC’s Commercial Paper Program.”
Ms. Sunshine reported the overall audit was very positive and found no significant inconsistencies in financial management and accounting of project expenditures. The audit found the commercial paper program was less expensive than the issuance of bonds, and as a result, saved the City money. She stated the RBOC and auditors found the WSIP Quarterly Reports useful and helpful in tracking and oversight. She noted the audit included suggestions for improving the Quarterly Reports and some of the suggestions had already been implemented. Ms. Sunshine reported the issues identified to watch were: (1) scope, schedule, and cost uncertainties, (2) determinations of prioritization and overall program affordability, (3) change control challenges, (4) effective communications with stakeholders, and (5) the role of SFPUC finance staff in project funding decisions.
Ms. Sunshine concluded her report by thanking Mr. Scott MacDonald, Assistant General Manager of Business Services, and Ms. Karol Ostberg, Director of Finance, for their helpfulness in providing information in a timely manner. She also indicated the RBOC would report the findings to the individual stakeholders to make sure their appointing officers were kept informed.
e) Legislative Update
Ms. Laura Spanjian, Assistant General Manager of External Affairs, provided a State Legislative Update on two bills. She reported the most difficult bill, AB 2573, carried by Assemblyman Mark Leno and sponsored by the SFPUC, passed the Legislature and was expected to be signed by the Governor. She explained the legislation allowed the SFPUC to build more than one megawatt of solar power generation on any municipal site and move the excess solar energy to another municipal site. She stated current law prohibited the SFPUC from building more than one megawatt at a site and also disallowed transporting any excess energy not consumed at the site where it was generated. Ms. Spanjian continued the division used the bill for leverage for some of the negotiations with Pacific Gas and Electric Company on the interconnection agreements and actually negotiated a reduced rate to move the solar energy around the City. She said the legislation, which was modified at the last moment, had a clause that previously concerned President Sklar, seemingly linking the Raker Act to a definition of a “Remote Qualifying Site” had been removed. President Sklar praised Ms. Spanjian and staff for getting this change made at the last minute.
Ms. Spanjian reported the SPFUC co-sponsored AB 2951, the Capital Fees for Educational Institutions Rebates bill, with other water agencies. She explained the bill closed the loopholie in the current law that allowed educational institutions to receive a rebate for utility rates that had a capital component in them. She noted there was concern the Governor might not sign the bill and efforts were being made to encourage him to sign the bill.
Ms. Spanjian stated a letter was sent by State Senator Jackie Speier, Assemblyman Mark Leno, Assemblyman Gene Mullen, and Assemblywoman Sally Lieber to their colleagues in the State Legislature asking them to urge the DWR and the State not to spend any more resources for studying the draining of the dam.
Vice President Brooks asked if any of the State Bonds on the November 2006 ballot contained money for the SFPUC. Ms. Spanjian replied in the negative, but stated there was a list of programs that the SFPUC could apply for to receive money on the water side.
f) Sustainable Water Supply Briefing
Mr. Carlin reported the SFPUC was hosting an interactive two-day briefing on September 20 and 29, 2006, on Sustainable Water. He stated the agency had engaged some outside experts and was providing information on demand conservation and groundwater recycling.
The Commission recessed at 3:02 P.M. and reconvened at 3:12 P.M.
CONSENT CALENDAR
President Sklar announced that items (b) and (c) would be taken off the Consent Calendar because of the size of the contracts.
8. Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt items (a, d, e, and f) listed under the Consent Calendar; passed (3-0) unanimously.
a) Resolution No. 06-0136: Award Water Enterprise Hetch Hetchy Repair and Replacement Program-funded Contract No. HH-918, Tuolumne River Channel Improvement, in the amount of $349,600 to On Grade Contracting; and authorize a twenty percent contingency in the amount of $69,920.
d) Resolution No. 06-0137: Accept work performed for Wastewater Enterprise Repair and Replacement Program-funded Contract No. CW-237, Larkin/Quincy Streets Sewer Replacement and Pavement Renovation, by K.J. Woods Construction; approve Modification No. #2 (Final) increasing the contract by $23,894.18, for a total contract amount of $253,554.38, and with a time extension of 260 consecutive calendar days for a total contract duration of 332 consecutive calendar days; and authorize final payment of $36,394.46 to the contractor.
e) Resolution No. 06-0138: Accept work performed for Wastewater Enterprise 5-year CIP-funded Contract No. CW-388, Mission Street/Foote Avenue Sewer Replacement Project, by Shaw Pipeline Inc; approve Modification No. 1 (Final) decreasing the contract by $100,685, for a total contract amount of $442,525, with a time extension of 41 consecutive calendar days for a total contract duration of 121 consecutive calendar days; and authorize final payment of $72,875 to the contractor.
f) Resolution No. 06-0139: Accept work performed for Water Enterprise A & B Bond-funded Contract No. WD-2422 Alameda Portals Valve Upgrade, by Pro Ven Management, Inc.; approve Modification No. 3 (Final) increasing the contract by $3,695.63, for a total contract amount of $1,185,191.63; and authorize final payment of $17,057.63 to Pro Ven Management, Inc.
President Sklar and Mr. Irons had a discussion about bid discounts given to contractors when their business was located in the City. He noted on Item 8(b), the contract cost the City over $300,000 (@ 8 percent) more because of this requirement and said the BOS should be aware of this and it should be a public policy question. President Sklar expressed his belief that it was more important that the contractor’s employees lived in the City than where the contractor resided.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt items 8 (b and c) listed under the Consent Calendar; passed (3-0) unanimously.
b) Resolution No. 06-0140: Award Water Enterprise Water Main Replace/Retrofit Program-funded Contract No. WD-2436R, Bernal Heights Pipeline Installation and Powhattan Avenue Improvements, in the amount of $4,478,410 to NTK Construction, Inc.
c) Resolution No. 06-0141: Award Water Enterprise Water Main Replace/Retrofit Program-funded Contract No. WD-2460, 6 and 8-Inch Ductile Iron Pipe Main Installation in Church Street, in the amount of $2,337,376 to J. Flores Construction.
REGULAR BUSINESS
9. Discussion and possible action related to Agreement No. DB-113, Fuel Cell Cogeneration Renewable Energy Plant at the Southeast Water Pollution Control Plant.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0142: Award Mayor’s Energy Conservation Account-funded Agreement No. DB-113 to Alliance Power, Inc. to provide the design, construction, and commissioning of a 750 kW molten carbonate fuel cell energy generation plant and a 5-year operations and maintenance contract; and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $2,200,000, and with a duration of six years.
10. Discussion and possible action related to a Memorandum of Agreement with the Bay Area Council of Governments/Regional Water Quality Control Board.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0143: Authorize the General Manager of Public Utilities to execute a Memorandum of Agreement with Bay Area Council of Governments/Regional Water Quality Control Board (RWQCB) which will allow qualified staff at the RWQCB to provide timely review of environmental documents and processing of Water System Improvement Program (WSIP) project applications or requests for permits, certifications, waivers, or other actions or services of the RWQCB for WSIP Projects, for an amount not to exceed $500,000, and with a duration of five years, and a payment of staff, overhead, and reasonable expenses for the services.
11. Discussion and possible action related to accepting a grant from the U.S. Environmental Protection Agency.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0144: Authorize the General Manager of Public Utilities to request permission from the Board of Supervisors to accept grant funds totaling $477,900 from the U.S. Environmental Protection Agency through the Department of the Interior, Environment, and Related Agencies Appropriation Act of 2006, with required local matching funds of $391,909 from the Wastewater Enterprise 5-Year CIP-funded Project No. CENMSCIC11, Cesar Chavez Sewer Improvement, and to execute all required documents.
REAL PROPERTY TRANSACTIONS
12. Discussion and possible action related to a lease with New Cingular Wireless.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0145: Authorize all actions heretofore taken by any City official in connection with this agreement to approve the terms and conditions of the 9-year lease, located at 1701 Jerrold Avenue (San Francisco), with New Cingular Wireless as lessee; and authorize the General Manager of Public Utilities to execute said lease, including without limitation, the exhibits, that the General Manager determines, in consultation with the City Attorney are in the best interest of the City, do not increase the rent or otherwise materially increase the obligations or liabilities of the City, are necessary or advisable to effectuate the purposes and intent of the lease or this resolution, and are in compliance with all applicable laws, including the City Charter.
CONSTRUCTION CONTRACTS
13. Discussion and possible action related to Contract No. WW-437, Oceanside Water Pollution Control and Westside Pump Station Bar Screen and Variable Frequency Drive Improvements.
President Sklar, Vice President Brooks, and Mr. Franza had a discussion about the reasons why the contractor, Monterey Mechanical Company, was the sole bidder and whether or not this contract could have been done with the City acting as the general contractor. Mr. Irons replied here could have been subcontracts, but this was not considered an efficient way to administer a contract.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0146: Approve the plans and specifications, reject the sole bid of Monterey Mechanical Company (MMCo.), approve the revised bid of MMCo., and award Wastewater Enterprise 5-Year CIP-funded Contract No. WW-437, in the amount of $3,048,000, to Monterey Mechanical Company.
PROFESSIONAL SERVICE CONTRACTS
14. Discussion and possible action related to Agreement No. CS-826, Conceptual Engineering Services, Groundwater Conjunctive Use Project.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0147: Award Water Enterprise Water System Improvement Program-funded Agreement No. CS-826 to MWH Americas, Inc. to assist with alternatives analysis and conceptual engineering of the South Westside Groundwater Basin Conjunctive Use Project and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $580,000, and with a duration of 548 consecutive calendar days, or, in the event negotiations are not successful or City requirements are not satisfied, to re-advertise the request for proposals.
15. Discussion and possible action related to Agreement No. CS-835, Letter of Credit Services, Wastewater Tax Exempt Commercial Paper Program.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0148: Award Wastewater Enterprise 5-Year CIP-funded Agreement No. CS-835 to BNP Paribas to provide an irrevocable letter of credit to support the tax-exempt commercial paper program for the Wastewater Enterprise, and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $500,000 per year, and with a duration of five years, or, in the event negotiations are not successful or City requirements are not satisfied, to negotiate and execute said agreement with the next highest ranked proposer.
16. Discussion and possible action related to Agreement Nos. CS-825 A, B, and C, Wastewater As-Needed Specialized Technical Services.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0149: Award Agreement Nos. CS-825 A, B, and C to (A) Metcalf & Eddy, Olivia Chen Consultants, Water Resources Engineering Joint Venture; (B) Montgomery Watson Harza Inc.; and (C) RMC Water and Environment Inc. to provide technical assistance on short-term quick turnaround reports, studies, or monitoring for operations needs of Wastewater Enterprise projects; and authorize the General Manager of Public Utilities to negotiate and execute said agreements with the three teams for a total amount not to exceed $3,000,000 ($1,000,000 each), and with a duration of three years, or, in the event negotiations are not successful or City requirements are not satisfied for any one of the teams, to negotiate and execute said agreements with the remaining teams.
17. Discussion and possible action related to Agreement Nos. 837 A, B, C, and D, Water Enterprise As-Needed Specialized Technical Services.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0150: Award Agreement Nos. CS-837 A, B, C, and D to (A) URS Corporation, (B) RMC Water and Environment Inc., (C) Metcalf & Eddy, Olivia Chen Consultants, Water Resources Engineering Joint Venture, and (D) Black & Veatch, Avila & Associates Joint Venture to provide technical assistance on short-term quick turnaround reports, studies, or monitoring for operations needs of Water Enterprise projects; and authorize the General Manager of Public Utilities to negotiate and execute said agreements with the four teams for a total amount not to exceed $6,400,000 ($1,600,000 each), and with a duration of three years, or, in the event negotiations are not successful or City requirements are not satisfied for any one of the teams, to negotiate and execute said agreements with the next highest proposer.
18. Discussion and possible action related to amending Agreement No. CS-742, As Needed Specialized Geotechnical Services.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0151: Approve Amendment No. 1 to specific project-funded Agreement No. CS-742 with Treadwell & Rollo, Arup, MACTEC, and Geotechnical Consultants and authorize the General Manager of Public Utilities to execute said amendment, increasing the agreement with each firm by $300,000, for a total agreement amount of $925,000 per firm (and total budgeted amount not to exceed $3,700,000), and with a time extension of 24 consecutive calendar months, for a total agreement duration of 60 consecutive calendar months.
19. Discussion and possible action related to Agreement Nos. CS-750 A, B, C, D, and E, As-Needed Corrosion Control Services.
Moved by Vice President Brooks, seconded by Commissioner Normandy, to adopt the following resolution; passed (3-0) unanimously.
Resolution No. 06-0152: Approve Amendment No. 1 to specific project-funded Agreement Nos. CS-750 A and B with Bay Area Coating and KTA-Tator Inc., for specialized as-needed corrosion inspection and testing services; and Agreement Nos. CS-750 C, D, and E with M.J. Schiff, Corrpro Companies, and JDH Corrosion Consultants; and authorize the General Manager of Public Utilities to execute said amendments increasing the agreements with Bay Area Coating and KTA-Tator Inc. by $96,000 for each firm, the agreements with M.J. Schiff and Corrpro Companies by $240,000 each, and the agreement with JDH Corrosion Consultants by $192,000 for a total global Agreement No. CS-750 amount of $2,664,000, and with a time extension with all five firms of two years, for a total agreement duration of five years.
CLOSED SESSION
20. Public comments on matters to be discussed in Closed Session.
There was no public comment.
21. Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.
Moved by Commissioner Normandy, Seconded by Vice President Brooks to assert the attorney-client privilege; passed (3-0) unanimously.
The Commission went into Closed Session at 3:22 P.M.
22. Threat to Public Services or Facilities – Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(a).
Consultation with: Agency Chief of Security concerning security of SFPUC Water and Power Systems.
There was no discussion.
23. Public Employee Appointment/Hiring - Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(b). (Continued from the Special Meeting of August 8, 2006)
Present were: President Sklar, Vice President Brooks, Commissioner Normandy, General Manager Susan Leal, Legal Counsel Noreen Ambrose, and Executive Assistant Millicent Bogert.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to accept the Hiring Committee’s recommendation to offer the position to Mr. Michael Housh; passed (3-0) unanimously.
Position: Administrative Secretary, Public Utilities Commission
24. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
Present were: President Sklar, Vice President Brooks, Commissioner Normandy, General Manager Susan Leal, Deputy General Manager Tony Irons, Assistant General Manager of External Services Laura Spanjian, Legal Counsel Noreen Ambrose, Deputy City Attorney Josh Milstein, and Commission Secretary Mary Y. Jung.
Existing Litigation: Abbushi v. City and County of San Francisco, et al Santa Clara Superior Court No. 1-05-CV-049753
There was no action.
25. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; U.S. Bankruptcy Court, Northern District of California, Case No. 01-30923-DM; Filed June, 2004.
There was no discussion.
26. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
Existing Litigation: Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket No. ER05-1190-000; Filed July 1, 2005.
There was no discussion.
27. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
Existing Litigation: Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket No. ER00-565-018, et al.; Filed November 1999.
There was no discussion.
28. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 2005.
There was no discussion.
29. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(2).
Anticipated Litigation: As Plaintiff
There was no discussion.
30. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation: Angelo Cerri, Claim No. 07-00309/06-W0086-21
Resolution No. 06-0153
31. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation Ronald P. Belmonte, Claim No. 06-02992/06W0086-3
Resolution No. 06-0154
32. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation Javier M. Lopez & Consuelo Lopez Mora Claim No. 0700329/06-W0086-23-02532 / 06W0049;
Resolution No. 06-0155
33. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation: Gil Orozco, Claim No. 07-00138/06-W0086-18
Resolution No 06-0156
34. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation Rev. Kwong Lam Sik, Claim No. 06-03323
Resolution No. 06-0157
35. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).
Present were President Sklar, Vice President Brooks, Commissioner Normandy, SFPUC General Manager Susan Leal, SFPUC Legal Counsel Noreen Ambrose, and Commission Secretary Mary Y. Jung.
Moved by Commissioner Normandy, seconded by Vice President Brooks, to adopt the following resolution; passed (3-0) unanimously.
Existing Litigation: Arthur & Elena Villegas, Claim No. 07-00080/06W0086-17
Resolution No. 06-0158
The Commission reconvened in Open Session at 3:45 P.M.
36. Announcement following Closed Session.
President Sklar announced the actions taken during Closed Session.
37. Motion regarding whether to disclose the discussions during Closed Session.
Moved by Commissioner Normandy, seconded by Vice President Brooks, not to disclose the discussion during Closed Session; passed (3-0) unanimously.
There being no further business to discuss, the meeting was adjourned at 3:46 P.M.
Mary Y. Jung
Secretary
