SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, October 11, 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: 2497 857 6609 # #
Commissioners
Newsha Ajami, Vice President
Sophie Maxwell
Tim Paulson
Tony Rivera
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. Annual Election of Officers: Discussion and possible action to elect a President and Vice President of the Commission, each to serve a one-year term, as per the San Francisco Public Utilities Commission Rules of Order, Rule No. 6. (action item)
4. 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.
5. Approval of the Minutes of September 13, 2022
6. 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
7. Communications (discussion only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Franchise Compliance Report for Audit Period CY 2019-2020 e) CleanPowerSF Quarterly Report
f) Quarterly Report on the Contracts Awarded by the General Manager Pursuant to Delegated Authority
8. Annual Citizens’ Advisory Committee Update (discussion only) (Garcia)
9. Report of the General Manager (discussion only)
a) Drought Conditions Update
b) Upper Islas Creek Watershed Approach
c) CleanPowerSF Integrated Resource Plan Modeling Results d) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
10.New Commission Business (discussion only)
11.CONSENT CALENDAR
a) Approve the plans and specifications and award Contract No. WD-2847, 8- and 16-Inch Ductile Iron Water Main Replacement on Laidley Street from Castro to Harper Streets and on Bemis, Miguel, & Various Side Streets, in the amount of $9,258,368, and with a duration of 629 consecutive calendar days (approximately one year and nine months), to the responsible bidder that submitted the lowest responsive bid, A. Ruiz Construction Company & Assoc., Inc. 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)
b) Approve the plans and specifications and award Contract No. WW-709R, Various Locations Sewer Replacement No. 13, in the amount of $9,872,303, and with a duration of 460 consecutive calendar days (approximately one year and three months), to the responsible bidder that submitted the lowest responsive bid, M.
Hernandez Construction, Inc., (dba) Hernandez Engineering, to replace/rehabilitate existing sewers on specific streets within 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. (Robinson)
12. Public comment on the matter to be addressed during Closed Session.
13. 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
14. CONFERENCE WITH LEGAL COUNSEL – Pursuant to California Government Code, Section 54956.9(d)(1), and San Francisco Administrative Code, Section 67.10(d)(1) Unlitigated Claim
San Francisco Bay Regional Water Quality Control Board v. City and County of San Francisco. [City Attorney File No.: 2020268]
Potential amendment to approved settlement of unlitigated claim between City and San Francisco Bay Regional Water Quality Control Board that would substitute the Upper Islais Creek Alemany Corridor Flood Resiliency Watershed Alternative for the planned Lower Alemany Area Stormwater Improvement Project. (discussion only) (Kus) Following Closed Session, the Commission will reconvene in Open Session
15. Announcement following Closed Session.
16. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
17. Adjournment
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102