SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, August 23, 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: 2493 477 0565 # #
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 July 12, 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) Capital Budgeting and Planning – Update on Project Deliverability Assessment e) CleanPowerSF 2022 Integrated Resource Plan, Communications and Outreach Plan
f) Contaminants of Emerging Concern in San Francisco Drinking Water, 2022 Draft Report
g) O’Shaughnessy Dam Reservation Quarterly Report
h) San Francisco Public Utilities Commission’s Citizens’ Advisory Committee Resolution in Support of Electric Grid Reliability on Treasure Island i) Water System Improvement Program Status of Construction Change Orders
7. Workshop on Planning for Drought: The SFPUC Design Drought as a Stress Test for the Hetch Hetchy Regional Water System (discussion only) (Ritchie)
8. Report of the General Manager (discussion only)
a) Quarterly Audit and Performance Review Report
b) Quarterly Budget Status Report
c) Water Enterprise Capital Improvement Quarterly Report d) Water System Improvement Program Quarterly Report
e) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
9. New Commission Business (discussion only)
10.CONSENT CALENDAR
a) Approve the novation of Contract HH-1000R, Mountain Tunnel Improvement Project; and authorize the General Manager to execute a Novation Agreement for the existing Contract from Michels Tunneling to Michels Trenchless, Inc. (Robinson)
b) Approve the plans and specifications, and award Contract No. HH-1006, San Joaquin Pipeline Valve and Safe Entry Improvements Phase 1B, in the amount of $11,801,808, and with a duration of 675 consecutive calendar days (approximately one year and 10 months) to the responsible bidder submitting the lowest responsive bid, Mountain Cascade, Inc., to replace 78-inch and 90-inch diameter butterfly valves on San Joaquin Pipeline Number 3 and 4 (SJPL 3 & 4) at Tesla Valvehouse with new, higher-pressure-rated butterfly valves, and; install removable spool pieces and new vaults for SJPL 3 & 4 at Tesla Portal, P4J Tie-In, and Oakdale Portal. (Robinson)
c) Award Job Order Contract No. JOC-90, General Engineering (A-License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, for a total contract amount not-to-exceed $5,000,000 with a minimum guaranteed task-order opportunity amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, GSW Construction, Inc., to perform general engineering work in San Francisco Public Utilities Commission systems and operations around the Bay Area. (Robinson) d) Approve an increase of 100 calendar days to the contract duration contingency for Contract No. WD-2616, 8-Inch Ductile Iron Water Main Replacement on Baker Street from Geary Boulevard to Broadway Street and on Sutter Street from Divisadero Street to Presidio Avenue, with M Squared Construction, Inc. (“M Square”); and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 677 consecutive calendar days (approximately three years and 10 months), with no change to contract amount. (Robinson)
e) Accept work performed by M Squared Construction, Inc., under Contract No. WD-2693, 8-Inch and 12-Inch Ductile Iron Water Main Replacement on 21st, Bryant, Ford, Hancock, and Cumberland Streets, for a final contract amount of $4,187,755, and a final contract duration of 585 consecutive calendar days (approximately one year and seven months); and authorize final payment to the contractor.(Robinson) f) Approve the novation of Contract WD-2851(I), 525 Golden Gate Avenue As-needed Mechanical Systems Inspection, Maintenance, and Repairs (2019-2021); and authorize the General Manager of the San Francisco Public Utilities Commission to execute a Novation Agreement for the existing contract from Envise to Southland Industries. (Robinson)
g) Approve an increase of 280 consecutive calendar days to the contract duration contingency for Contract No. WD-2861, Auxiliary Water Supply System Clarendon Supply 2019, with Mitchell Engineering; and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 879 consecutive calendar days (approximately two years and five months), with no change to contract amount. (Robinson)
h) Approve an increase of 165 calendar days to the contract duration contingency for Contract No. WW-665, Southeast Water Pollution Control Plant 042-Seismic Retrofit and Rehabilitation, with Western Water Constructors; and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 1,118 consecutive calendar days (approximately three years and one month), with no change to contract amount. (Robinson) i) Approve the plans and specifications and award Contract No. WW-731, Various Locations Brick Sewer Improvements, in the amount of $10,542,103, and with a duration of 420 consecutive calendar days (approximately one year and two months), to the responsible bidder that submitted the lowest responsive bid, Cratus Inc. to rehabilitate brick sewers located in the Chinatown, North Beach, Tenderloin, Nob Hill, and Cow Hollow Districts. This action constitutes the Approval Action for the Project analyzed in the statutory exemption under San Francisco Planning Department Case No. 2022.002008ENV 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. (Robinson)
j) Approve the novation of existing “Agreement Maintenance and Repair and Upgrades of Sentinel UV Disinfection System” from current contractor Calgon Carbon UV Technologies to De Nora Water Technologies; and authorize the General Manager to execute the novation agreement. (Ritchie)
REGULAR CALENDAR
11. Authorize the General Manager to execute, on behalf of the City and County of San Francisco, a Joint Funding Agreement with the United States Geological Survey (USGS) for an amount contributed by the SFPUC not-to-exceed $ 2,837,770 and with a duration of six years, starting October 1, 2021 and ending September 30, 2027, which will allow the SFPUC and USGS to continue a cooperative Water Resource Investigations Program for hydrologic monitoring and stream and reservoir gauge maintenance in the Alameda and Peninsula Watersheds. (Ritchie)
12. Approve the General Manager’s July 27, 2022 determination under San Francisco Administrative Code Section 6.23(c)(3) that negotiations with the responsible bidder submitting the sole responsive bid or any other qualified contractor are warranted because (1) the qualifications for bidders were not too onerous; (2) the non-responsive bid received cannot be easily cured; and (3) rebidding the contract would likely not result in more than one responsive bid by responsible bidders at bid prices substantially lower than the bid price received for Contract No. DB-132, New Treasure Island Wastewater Treatment Plant Project; and authorize the General Manager to negotiate an agreement with the sole responsible bidder or any qualified contractor, and if such negotiations are successful, to return to the Commission for award of the contract. (Robinson)
13. Approve the terms and conditions of and authorize the General Manager to execute license agreements granting Far Western Anthropological Research Group, Inc., Cinnabar Video Productions, and the Muwekma Ohlone Tribe rights to distribute and publicly screen the documentary film entitled Time Has Many Voices for a term of five years for non-profit use only at no cost. (Robinson)
14. Public comment on the matter to be addressed during Closed Session.
15. 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
16. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation as plaintiff/ petitioner (Government Code §54956.9, Administrative Code §67.10(d)(1)): In the Matter of Initial Orders Imposing Water Right Curtailment and Reporting Requirements in the Sacramento-San Joaquin Delta Watershed on Water Right Nos. S002635, S002636, S002638, S002637, S014379, S015858, S018734, and S018735 (State Water Resources Control Board Administrative Proceeding), filed September 20, 2021; San Joaquin Tributaries Authority v. State Water Resources Control Board (Fresno County Superior Court Case No. 21CECG02632), filed September 2, 2021; City and County of San Francisco v. California State Water Resources Control Board, et al. (Tuolumne County Superior Court Case No. CV 63828), filed May 14, 2021; San Joaquin Tributaries Authority, et al. v. California State Water Resources Control Board (Tuolumne County Superior Court Case No. CV 62094), filed January 10, 2019, coordinated as State Water Board Cases by order filed May 13, 2019 in Sacramento Superior Court, Judicial Counsel Coordinated Proceeding No. 5013. (discussion only) (Bregman)
Following Closed Session, the Commission will reconvene in Open Session
17. Announcement following Closed Session.
18. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
19. Adjournment
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102