SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, December 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:
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Commissioners
Newsha Ajami, President
Sophie Maxwell, Vice President
Tim Paulson
Tony Rivera
Kate Stacy
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.
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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 November 8, 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) 2009 Water Supply Agreement Update
e) Alternative Water Supply Program Quarterly Report
f) Annual Surveillance Report for SFPUC Cameras and Drones g) Annual Real Estate Report
h) Annual Water Resources Division Report
i) Annual Water Supply Development Report
j) O’Shaughnessy Dam Reservation Quarterly Report 3rd Quarter: July – September 2022 k) State of the Regional Water System Report
l) Streetlight Program Update
m) Water Enterprise Environmental Stewardship Policy Report
7. Citizens’ Advisory Committee Annual Report (discussion only) (Garcia)
8. Report of the General Manager (discussion only)
a) Drought Conditions Update
b) Quarterly Budget Status Report
c) FY2023-24 Budget and 10-Year Capital Plan Development Update d) Water Enterprise Capital Improvement Program Quarterly Report e) Water System Improvement Program Quarterly Report
f) San Francisco Bay Summer 2022 Algal Bloom and SFPUC’s Plans for Nutrient Reduction
g) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
9. New Commission Business (action item)
a) Hearing to adopt revised San Francisco Public Utilities Commission Rules of Order to incorporate changes to law and procedure (Ajami)
10. CONSENT CALENDAR
a) Rescind prior award of Contract No. DB-132, New Treasure Island Wastewater Treatment Plant, made by this commission on October 24, 2022, to PCL Construction & Stantec Consulting Services Joint Venture by Resolution No. 22-0189, and issue corrected award to PCL Construction, Inc. in the same amount of $165,032,269, and with the same duration of 1,095 consecutive calendar days (approximately three years). The Staff Report and award Resolution contained erroneously identified the awardee as PCL Construction & Stantec Consulting Services Joint Venture. The correct name of the awardee is PCL Construction, Inc. While Stantec Consulting Services Inc. is an integral part of the design-build team, it is not a joint venture partner. (Robinson)
b) Approve Amendment No. 1 to Contract No. PRO.0067, Automatic Bill Enrollment Services, with STOP Processing Center, Inc., to provide ongoing processing/enrollment services for San Francisco Public Utilities Commission water and wastewater customers who want their bills paid through an automatic bill payment service; and authorize the General Manager to execute an amendment extending the term of the contract up to four years, for a total contract duration of nine years, with no change to the contract amount. (Hom) c) Award Contract No. PRO.0229, Emergency Planning, Response, Training, and Technical Support, to AECOM Technical Services, Inc., to provide Emergency Plan updates, Incident Command System training, and exercise design and delivery support; and authorize the General Manager to negotiate and execute a professional services contract with AECOM for an amount not-to-exceed $3,000,000, and with a duration of four years. (Flynn) d) Approve the selection of Avila & Associates Consulting Engineers, Inc. (AACE), Environmental & Construction Services, Inc. (ECS), CPM Associates, Inc. and Carlson Management, Inc., Joint Venture (CPM-CMI JV), Mott MacDonald Group, Inc. and Dabri, Inc., Joint Venture (MM-Dabri JV), and GHD, Inc. and Hollins Consulting, Inc., Joint Venture (GHD-HCI JV); award Contract Nos. PRO.0233.A-E, As-Needed Construction Management Services, to provide construction management services for San Francisco Public Utilities Commission construction projects on an as-needed basis; and authorize the General Manager to execute five professional services contracts, with AACE (PRO.0233.A), ECS (PRO.0233.B), CPM-CMI JV (PRO.0233.C), MM-Dabri JV (PRO.0233.D), and GHD-HCI JV (PRO.0233.E), each with a not-to-exceed amount of $4,000,000 and each with a duration of five years. (Robinson)
e) Approve an increase in the amount of $1,300,000 to the contract cost contingency and an increase of 201 calendar days to the contract duration contingency for Contract No. WD-2794B, Sunol Long Term Improvements Alameda Creek Watershed Center, with S.J.
Amoroso Construction, Inc., to address on-going budget and schedule impacts due to COVID-related delays in material availability and deliveries, additional modifications to the exhibit design, redesign and fabrication of bluestone pavers etching stencils, bluestone etching field work, extended overhead impacts related to the redesigned exhibit and etching stencils, and to provide sufficient contingency to address unanticipated changes through the remainder of the construction effort; and authorize the General Manager to approve future modifications to the contract for a total contract amount of up to $34,405,700 and a total contract duration of up to 1,167 consecutive calendar days (approximately three years and three months). (Robinson)
f) Accept work performed by Cratus, Inc., for Contract No. WD-2865, Sunol Regional Wilderness Park Water System, for a total contract amount of $2,274,039, and with a total contract duration of 429 consecutive calendar days (approximately one year and two months); and authorize final payment to the Contractor. (Robinson) g) Accept work performed by Western Water Constructors, Inc., under Contract No. WW-665, Southeast Water Pollution Control Plant 042-Seismic Retrofit and Rehabilitation, for a total contract amount of $9,848,411, and with a total contract duration of 1,018 consecutive calendar days (approximately two years and 10 months); and authorize final payment to the Contractor. (Robinson)
h) Approve increase of 95 calendar days to the contract duration contingency for Contract No.
WW-682R, Southeast Community Center at 1550 Evans, with Charles Pankow Builders, LTD; and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 1,441 consecutive calendar days (approximately four years), with no change to contract amount. The additional duration contingency is needed to complete installation of permanent signage and modifications to the day care play area to meet accessibility requirements. (Robinson)
i) Approve an increase of 329 calendar days to the contract duration contingency for Contract No. WW-713, As-Needed Main Sewer Replacement No. 9, with D’Arcy & Harty Construction, Inc.; and authorize the General Manager to approve future modifications to the contract for a total contract duration of up to 730 consecutive calendar days (approximately two years), with no change to contract amount to allow additional time to complete all current contract work due to schedule coordination and restrictions, and continue issuing contract service orders. (Robinson)
j) Approve the plans and specifications and award Contract No. WW-724, Panhandle and Inner Sunset Large Sewer Rehabilitation, in the amount of $9,937,355, and with a duration of 515 consecutive calendar days (approximately one year and five months), to the responsible bidder that submitted the lowest responsive bid, D’Arcy & Harty Construction, Inc., to rehabilitate and replace large diameter sewer and laterals 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) k) Approve the terms and conditions of, and authorize the General Manager to execute, a no-fee month-to-month revocable license to the City of Los Altos to use approximately 130,000 square feet of land within the jurisdiction of the San Francisco Public Utilities Commission, consisting of portions of SFPUC Parcel Nos. 232-A and 234-A, and the entirety of SFPUC Parcel Nos. 233-A, 233-B, 236, and 237 in Los Altos, California to (i) maintain existing improvements consisting of a recreational path with a bridge, landscaping, three street crossings, one sewer line, and one storm drain, and (ii) install and maintain new improvements consisting of disability-access curb ramps and educational signage describing the Hetch Hetchy Regional Water System and informing users of the system’s significance. (Flynn)
REGULAR CALENDAR
11. Approve Amendment No. 1 to Contract No. CS-1243, Memorandum of Agreement with the United States Department of the Interior, National Park Service – Yosemite National Park for Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System; and authorize the General Manager to execute, on behalf of the City and County of San Francisco, Amendment No. 1, to further describe collaborative efforts and interagency consultation practices to implement the Environmental Stewardship Program under the Agreement and make other clarifying and administrative amendments, with no change to the Agreement duration or cost. (Ritchie)
12. Approve the use of Public-Private Partnership (P3) delivery method; and recommend that the Board of Supervisors adopt a Special Ordinance authorizing the San Francisco Public Utilities Commission to exempt certain design, construction, finance, operation and maintenance services and related agreements for the P3 development of the Biogas Utilization Project at the Southeast Treatment Plant, from Chapters 6, 14B, and 21, and section 23.30 of the Administrative Code; and delegate to the Commission approval authority under Charter Section 9.118. The exemptions would allow the SFPUC to contract with a single contractor to finance, construct, operate, and maintain a biogas utilization facility connected to the SFPUC Southeast Treatment Plant. (Robinson)
13. Approve the plans and specifications; and award Contract No. WW-723R, Channel Force Main Intertie in the amount of $15,796,272 and with a duration of 710 consecutive calendar days (approximately two years), to the responsible bidder that submitted the lowest responsive bid, Anvil Builders, Inc., to construct a pipeline connection and valve controls between the Channel Force Main to the existing Islais Creek Transport/Storage Box, and complete other associated appurtenances; and authorize the General Manager to execute a Letter of Agreement with Pacific Gas and Electric Company (PG&E) for PG&E to compensate the San Francisco Public Utilities Commission’s contractor for utility project work and for work associated with embedding an existing PG&E high-voltage transmission line inside an underground valve-vault as part of the Project at PG&E’s sole cost. 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)
14. Authorize the General Manager to execute a Memorandum of Agreement with the City of San Jose and the City of Santa Clara for the preparation of a Feasibility Study for the potential South Bay Purified Water Project, with a duration of nine months and a total amount not-to-exceed $300,000, to be shared equally among the parties, with the SFPUC’s contribution in an amount not-to-exceed $100,000. (Ritchie)
15. Approve Amendment No. 4 to Contract No. CS-1408, Multi-Party Cost Share Agreement for Los Vaqueros Reservoir Expansion Project Planning, with Contra Costa Water District; Alameda County Flood Control and Water Conservation District, Zone 7; Alameda County Water District; East Bay Municipal Utility District; Grassland Water District; San Luis & Delta-Mendota Water Authority; and Santa Clara Valley Water District for planning of the potential expansion of Los Vaqueros Reservoir; and authorize the General Manager to execute Amendment No. 4, increasing the contract not-to-exceed amount by $7,658,000, to be divided equally among seven parties, with the San Francisco Public Utilities Commission’s financial contribution not-to-exceed $1,094,000, and extending the agreement duration by six months, for a total contract not-to-exceed amount of $22,852,843 shared among the parties, with the SFPUC’s total contribution not-to-exceed $3,358,910, and a total contract duration of four years and two months. (Ritchie)
16. Award Contract No. PRO.0183(G), Residential Green Infrastructure Grant Program Grant Agreement, to the highest-ranked proposer, Greenprint Partners, to provide grant funds to San Francisco ratepayers for eligible residential green infrastructure projects and to provide a report and evaluation for the Program; and authorize the General Manager to execute a Grant Agreement with Greenprint Partners for an amount not-to-exceed $155,000, and with a duration of two years. (Norby)
17. Award Agreement No. PRO.0184, Watershed Resource Management, to Alameda County Resource Conservation District to provide expertise to assist in the planning and design of watershed resources management projects within the Alameda Creek watershed lands associated with the operation of the San Francisco Public Utilities Commission water system; and authorize the General Manager to execute a professional services agreement with ACRCD for an amount not-to-exceed $8,500,000, and with a duration of nine years. (Ritchie)
18. Public comment on the matter to be addressed during Closed Session.
19. 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
20. CONFERENCE WITH LEGAL COUNSEL – Pursuant to California Government Code, Section 54956.9(d)(1), and San Francisco Administrative Code, Section 67.10(d)(1) (Action item) (Kus) Unlitigated Claim
San Francisco Bay Regional Water Quality Control Board v. City and County of San Francisco Unlitigated Claim [City Attorney File No. 230158]
Proposed settlement of administrative civil liability against City in the amount of $236,500 for effluent limitation violations at the Southeast and Oceanside water pollution control plants for certain discharges that occurred between approximately October 2013 to October 2021, subject to Board of Supervisors approval.
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
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San Francisco, CA 94102