SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, June 28, 2022
1:30 PM
1 Dr. Carlton B. Goodlett Place
City Hall, Room 400
San Francisco, CA 94102
This meeting will be held in person at the location listed above. As authorized by California Government Code Section 54953(e) and Mayor Breed’s 45th Supplement to her February 25, 2020 emergency proclamation, it is possible that some members of the San Francisco Public Utilities Commission may attend this meeting remotely. In that event, those members will participate and vote by video. Members of the public may attend the meeting to observe and provide public comment at the physical meeting location listed above or may watch live online at https://www.sfgovtv.org/sfpuc
Instructions for providing remote public comment are below PUBLIC COMMENT CALL-IN:
1 (415) 655-0001 / MEETING ID: 2480 449 8950 # #
Commissioners
Anson Moran, President
Newsha Ajami, Vice President
Sophie Maxwell
Tim Paulson
Dennis J. Herrera
General Manager
Donna Hood
Secretary
Accessible Meeting Policy: To obtain meeting materials in alternative format, please contact the Commission Secretary at 415-554-3165 or via email at [email protected]. Providing at least 72 hours’ notice will help to ensure availability.
Written reports or background materials for calendar items are available on-line at the Commission website.
Know Your Rights Under the Sunshine Ordinance: Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact Administrator, by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.4689; by phone at 554.7724; by fax at 554.7854; or by email at [email protected]. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s website at http://www.sfgov.org.
311 Free Language Assistance: 免費語言協助/ Ayuda gratuita con el idioma / Бесплатная помощь переводчиков / Trợ giúp Thông dịch Miễn phí / Assistance linguistique gratuite / 無料の言語支援/ 무료 언어 / 지원 / คว“มช◌ว ◌่ ยเหลอ◌ืท“งภ“ษ“โดยไมเ◌◌่ส’ยคาใชจ◌ ◌้าย / Libreng tulong para sa wikang Tagalog ยเหลอ◌ื
Lobbyist Registration and Reporting Requirements: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site at www.sfgov.org/ethics.
CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code: If the Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16.
Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Planning Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447.Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or San Francisco Public Utilities Commission at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.
ORDER OF BUSINESS
1. Call to Order
2. Roll Call
3. Adopt renewed findings under State Urgency Legislation to allow hybrid in-person meetings during the COVID-19 Emergency and direct the Commission Secretary to agendize a similar resolution at a Commission Meeting within the next 30 days.
4. Approval of the Minutes of June 14, 2022
5. General Public Comment
Members of the public may address the Commission on matters that are within the Commission’s jurisdiction and are not on today’s agenda
6. Communications (discussion only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Annual Power Enterprise Municipal Benchmarking Report e) 2022 Public Health Goal and Contaminants of Emerging Concern Reports
7. San Francisco Public Utilities Commission Employee Retirement Recognitions for distinguished service to the San Francisco Public Utilities Commission and the City and County of San Francisco (discussion only) (Herrera)
• Michael Carlin
• Alan Johanson
8. Bay Area Water Supply and Conservation Agency Update (discussion only) (Sandkulla)
9. Report of the General Manager (discussion only)
a) Drought Conditions Update
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
10. New Commission Business (discussion only)
11. CONSENT CALENDAR
a) Approve the terms and conditions and authorize the General Manager to execute an eight-year communications lease with Pinnacles Cellular, Inc. doing business as Verizon Wireless, a Delaware corporation, to use approximately 500 square feet of portions of SFPUC Parcel Nos. 271 and 272 on the shaft and at the base of the SFPUC’s Moccasin Surge Tank in Moccasin, California for the installation, modification, repair, and operation of radio communications antenna facilities and other equipment at an annual rent of $7,800 for the first lease year. The rent is subject to four-percent annual increases. This action constitutes the Approval Action for the project 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. (Carlin)
b) Approve Amendment No. 1 to Software as a Service (SaaS) Agreement No. CS-1080, Conserve Track Database with RightThere LLC for maintenance, hosting, and as-needed enhancements, increasing the contract by $765,647, for a total not-to-exceed amount of $1,357,478, and increasing the duration by four years for a total duration of nine years; and authorize the General Manager to execute this amendment. (Ritchie)
c) Accept work performed by Rubecon Builders for Contract No. WW-673, Oceanside Water Pollution Control Plant Door Assembly Upgrade; approve Modification No. 4 (Final), decreasing the contract by $15,817, for a total contract amount of $2,162,586, with no change to the contract duration; and authorize final payment to the contractor. (Johanson)
d) Approve the plans and specifications, and award Contract No. WW-707R, Various Locations Sewer Replacement No. 11, in the amount of $3,422,168, and with a duration of 440 consecutive calendar days (approximately one year and three months), to the responsible bidder submitting the lowest responsive bid, Basset Engineering, to replace/rehabilitate existing sewers on specified streets in the City and County of San Francisco. This action constitutes the Approval Action for the Project 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. (Johanson)
REGULAR CALENDAR
12. Approve the terms and conditions of and authorize the General Manager to execute (1) a Purchase and Sale Agreement with Cypress Lawn Cemetery Association for an approximately 1.7-square-foot overhead electric line easement over Assessor’s Parcel 010-423-020 for $1,000, (2) a Purchase and Sale Agreement with Carlos Alberto Olivarez-Gonzalez and Griselda I. Gonzalez for an approximately 179-square-foot overhead electric line easement over Assessor’s Parcel 010-423-050 for $7,500, and (3) an Easement Deed granting Pacific Gas & Electric Company an approximately 300-square-foot overhead electric line easement for no cost over the SFPUC parcel known as Parcel 17 in South San Francisco, all for the purpose of providing electrical service to a remote SFPUC water sampling cabinet, subject to Board of Supervisors’ and Mayor’s approval. (Carlin)
13. Approve the terms and conditions of and authorize the General Manager to execute a Purchase and Sale Agreement with Bay Area Rapid Transit (BART) to purchase (1) an approximately 14,619-square-foot permanent easement across BART property located in Colma, California, also known as Assessor’s Parcel Number 093-330-120, for vehicular and pedestrian access to San Francisco Public Utilities Commission groundwater well station located on SFPUC municipal railway right of way Parcels 2 and 3, and (2) a temporary construction easement to support construction of the vehicular and pedestrian access road, for a total of $306,000, subject to Board of Supervisors and Mayoral approval. (Carlin)
14. Approve Amendment No. 5 to Contract No. WW-647R, Southeast Water Pollution Control Plant Biosolids Digester Facilities Project (BDFP), with MWH Constructors/ Webcor Builders Joint Venture, increasing the contract by $498,103,597 and increasing the contract duration by 621 consecutive calendar days (approximately one year and nine months), for a total contract amount of $1,787,283,149 and a total contract duration of 3,848 consecutive calendar days (approximately 10 years and seven months), to reflect the current BDFP schedule and budget. (Johanson)
15. Approve Amendment No. 2 to Contract No. CS-235, Planning and Engineering Services, Southeast Plant Biosolids Digester Facilities, with Brown and Caldwell, increasing the contract amount by $55,000,000 and extending the contract duration by three years and six months, for a total not-to-exceed amount of $208,500,000 and a total duration of 16 years; and authorize the General Manager to execute Amendment No. 2, subject to Board of Supervisors approval pursuant to Charter Section 9.118. (Johanson)
16. Award Contract No. WD-2879R, City Distribution Division Campus at 2000 Marin, to Clark Construction Group as Construction Manager/General Contractor, for a total contract amount of $260,450,682 with a duration of 2,464 consecutive calendar days; authorize proceeding only with pre-construction services in the contract amount of $1,250,000 with a duration of 913 consecutive calendar days; if the Commission in the future approves the Project, the contract amount for construction will be not-to-exceed $259,200,682 and the contract duration for construction will be 1,551 consecutive calendar days; and request that the Board of Supervisors grant an exception from the Campaign and Governmental Conduct Code to authorize the San Francisco Public Utilities Commission to include Social Impact Partnership program provisions in this contract. The initial work under this contract consists of providing pre-construction services during the design phase. SFPUC will not consider authorizing construction services until and subject to completion of environmental review under the California Environmental Quality Act (CEQA), and this Commission reviews and considers the CEQA environmental review document, adopts any required CEQA Findings and a Mitigation Monitoring and Reporting Program, and approves the Project. (Johanson)
17. Public hearing, discussion, and possible action to authorize the General Manager to impose a temporary mandatory prohibition on irrigation of non-functional turf at commercial, industrial, and institutional (CII) sites with potable water in alignment with State requirements. This action constitutes the Approval Action for the Project 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, this Commission will rely on that determination to make its decision. (Ritchie)
18. Approve the plans and specifications, and award Contract No. HH-1007, Transmission Line 7/8 Upgrades, in the amount of $23,980,141, and with a duration of 668 consecutive calendar days (approximately one year and 10 months), to the responsible bidder that submitted the lowest responsive bid, Wilson Utility Construction Company, to upgrade existing conductors and modify existing towers along Transmission Line 7/8 to accommodate additional transmission power flows and mitigate clearance hazards. (Johanson)
19. Public comment on the matter to be addressed during Closed Session.
20. Motion on whether to assert the attorney-client privilege regarding the matter listed below as Conference with Legal Counsel.
The Commission will go into Closed Session to discuss the following item:
CLOSED SESSION
21. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9, Administrative Code §67.10(d)(1)): Dummer v. San Francisco Public Utilities Commission, et al. (Alameda County Superior Court Case No. HG19-041020). (discussion only)
Following Closed Session, the Commission will reconvene in Open Session
22. Announcement following Closed Session.
23. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
24. Adjournment
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102