SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, September 13, 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: 2495 057 6064 # #
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 August 23, 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) Alternative Water Supply Program Quarterly Report
e) Annual Water System Improvement Program Report
f) 2022 Power Rates Study, Hetch Hetchy Power Transmission Cost of Service g) Wholesale Regional Water System Security and Reliability Act 2022 Notice of Changes to the San Francisco Public Utilities Commission Water System Improvement Program
h) SFPUC Citizens’ Advisory Committee Resolutions
7. Report of the General Manager (discussion only)
a) Drought Conditions Update
b) CleanPowerSF Integrated Resource Plan Update
c) Hetch Hetchy Capital Improvement Program Quarterly Report d) Wastewater Enterprise Quarterly Report including Southeast Area Major Projects (1) Biosolids, (2) Headworks, and (3) 1550 Southeast Evans Community Center e) Report on the Memorandum of Understanding Advancing a Term Sheet for the Voluntary Agreements to Update and Implement the Bay-Delta Water Quality Control Plan
f) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
8. New Commission Business (discussion only)
9. CONSENT CALENDAR
a) Approve execution of an attestation of veracity for CleanPowerSF’s 2021 Power Source Disclosure Reports and Power Content Label; approve submission of the 2021 Power Source Disclosure Reports to the California Energy Commission; and approve provision of the Power Content Label to all customers by October 1, 2022. (Hale)
b) Approve execution of an attestation of veracity for Hetch Hetchy Power’s 2021 Power Source Disclosure Reports and Power Content Label; and approve submission of the Power Source Disclosure Reports to the California Energy Commission; and approve provision of the Power Content Label to all customers before October 1, 2022. (Hale)
c) Approve Amendment No. 2 to Contract No. CS-388, River Ecosystem Science Support Services, with McBain Associates, increasing the Contract amount by $400,000 in order to finalize technical documents and support environmental review of revised recommendations for instream flow releases from O’Shaughnessy Dam for compliance with United States Department of the Interior requirements, for a revised not-to-exceed Contract amount of $2,600,000 with no change to the Contract duration; and authorize the General Manager to execute Amendment No. 2. (Ritchie)
d) Approve an increase of 267 calendar days to the contract duration contingency for Contract No. WD-2819, As-Needed Water Main Replacement at Various Locations, No. 2, with Hernandez Engineering; and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 1,825 consecutive calendar days (approximately five years), with no change to the contract amount. (Robinson)
e) Approve an increase of $2,600,000 to the contract cost contingency, and an increase of 252 calendar days to the contract duration contingency for Contract No. WD-2825R, Alameda Creek Recapture Project; and authorize the General Manager to approve future modifications to the contract for a total contract amount of up to $24,062,650 and a total contract duration of up to 853 consecutive calendar days (approximately two years four months). (Robinson) f) Approve the plans and specifications and award Contract No. WW-669, Oceanside Water Pollution Control Plant Building 011 Grit Classifier and Primary Influent Slide Gate System Improvements, in the amount of $9,160,000, and with a duration of 990 consecutive calendar days (approximately two years and nine months), to the responsible bidder that submitted the lowest responsive bid, Trinet Construction, Inc. (Robinson)
g) Approve the terms and conditions of a Facilities Easement Deed encumbering portions of Block 3725, Lot 127, located at 432-440 Natoma Street in San Francisco; and recommend that the City’s Director of Property accept and execute the Certificate of Acceptance for the Facility Easement Deed. (Flynn)
REGULAR CALENDAR
10. Authorize the General Manager to take the following actions for COVID-19 relief, extend for a fourth time, through June 30, 2023: (1) the temporary suspension of the discontinuation or shutoff of water service for residential retail customers for non-payment of water and/or sewer bills, (2) the temporary suspension of discontinuation or shutoff of power service for residential Hetch Hetchy Power Customers in San Francisco for non-payment of power bills, and (3) the temporary suspension of the return of delinquent residential CleanPowerSF customers to PG&E generation service for failure to pay CleanPowerSF charges; and grant discretion to the General Manager to approve collections and liens to multifamily account holders with unpaid bills exceeding $25,000 which are 90 days or more past due. (Hom)
11. Public hearing on the 2022 Public Health Goal Report for the San Francisco Water System to address any public comments received; and direct the Water Quality Division Director to submit a letter to the State Water Resources Control Board documenting that such a hearing has been held. (Ritchie)
12. Adopt a Declaration of Surplus Property and Exempt Surplus Property pursuant to the Charter and the California Surplus Land Act; Recommend to the Board of Supervisors the sale of approximately 17,832 square feet of unimproved land in fee and approximately 17,733 square feet of easement areas located in the City of Fremont and in unincorporated areas of Alameda County; and authorize the General Manager to execute, upon approval from the Board of Supervisors and Mayor, an agreement for sale of real estate, temporary construction easement and utility easement. (Flynn)
13. Approve the terms and conditions of and authorize the General Manager to execute a Soil Fill Agreement allowing Google LLC to perform work within an easement granted to the City, through the San Francisco Public Utilities Commission, within property acquired by Google and located at 1400-1450 Bayhill Drive in San Bruno, California, in return for a $190,000 Payment by Google LLC; and approve the terms and conditions of and authorize the General Manager to execute an Easement Amendment allowing Google to perform additional work in the Easement area. (Flynn)
14. Approve Amendment No. 6 to Contract No. CS-879.C, Engineering Project Design Services, with Kennedy/Jenks Consultants, extending the contract duration by four years and two months, to continue engineering design and engineering services during construction and closeout for both the Regional Groundwater Storage and Recovery Project and the San Francisco Groundwater Supply Project, for a total contract duration of 19 years and two months, with no change to the contract amount and authorize the General Manager to execute Amendment No. 6. (Robinson)
15. Rescind Resolution No. 22-0039 and approve the General Manager’s determination to terminate for the City’s convenience Professional Design Services Agreement No.
PRO.0232, New CDD Campus at 2000 Marin, with Mark Cavagnero Associates. (Robinson)
16. Approve the plans and specifications, and award Contract No. WW-543,Southeast Water Pollution Control Plant HVAC and Mechanical Upgrades, in the amount of $12,947,014, and with a duration of 990 consecutive calendar days (approximately two years and nine months), to the responsible bidder that submitted the lowest responsive bid, Cal State Constructors, Inc. to rehabilitate and upgrade the aging heating, ventilation, and air-conditioning and mechanical equipment throughout buildings at the Southeast Water Pollution Control Plant. 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. (Robinson)
17. Public comment on the matter to be addressed during Closed Session.
18. 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 items:
CLOSED SESSION
19. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9, Administrative Code §67.10(d)(1)):
John LaSalle v. City and County of San Francisco, et al.
San Francisco Superior Court No. CGC-21-589176
Date Filed: January 21, 2021
Proposed settlement of a personal injury claim in the amount of $489,000. Action to approve settlement subject to final approval by the Board of Supervisors.
20. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9, Administrative Code §67.10(d)(1)):
Onjanette Hudson and City and City and County of San Francisco (San Francisco Public Utilities Commission)
EEO Complaint of Discrimination / Government Claim #22-00905 Date Filed: December 22, 2021
Proposed settlement of a EEO Complaint of Discrimination claim in the amount of $275,000. Action to approve settlement subject to final approval by the Board of Supervisors.
Following Closed Session, the Commission will reconvene in Open Session
21. Announcement following Closed Session.
22. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
23. Adjournment
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102