DEPARTMENT SFPUC Infrastructure AGENDA NO. 9
MEETING DATE March 28 , 2023
APPROVAL
COMMISSION
SECRETARY
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Regular Calendar
Project Manager: Bessie Tam
Recommend that the Board of Supervisors Adopt a Special Ordinance Exempting Cooperative Agreement s with the California Department of Transportation (C altrans) from Requirements of the San Francisco Administrative Code and Environment Code for the Lower Alemany Area Stormwater Improvements Project and the Folsom Area Stormwater Improvements Project
Summary of
Proposed
Commission Action:
Recommend that the Board of Supervisors (BOS) adopt a Special Ordinance that will allow the San Francisco Public Utilities Commission (SFPUC) to enter into C ooperative Agreements with the California Department of Transportation ( Caltrans) to perform engineering design review, constructability review and other technical services for the Lower Alemany Area and Folsom Area Stormwater Improvement Projects . The Special Ordinance would exempt the Cooperative Agreements from the requirements of the San Franc isco Administrative Code , such
as requirements regarding contract
assignment, contract modification, and audits of contractor records; and Environment Code such as requirements regarding food waste reduction. Upon the BOS ’s enactment of this Special Ordinance, SFPUC would enter into the Cooperative Agreements with Caltrans.
The Cooperative Agreements would allow SFPUC to provide funding to Caltrans’ staff to review and coordinate with SFPUC to complete the design of the Lower Alemany and Folsom Area S tormwater Improvement Projects.
Background: The SFPUC is planning to construct two new stormwater improvement projects to address the Sewer System Improvements Program (SSIP) Level of Service (LOS): the Lower Alemany Area Stormwater Improvement Project (Lower Alemany Project); and the Folsom Area Stormwater Improvement Project (Folsom Project). On November 10, 2021, the San Francisco Bay Regional Water Quality Control Board issued Stipulated Cleanup and Abatement Order No. R2 -2021-0021 to Recommendation to Board of Supervisors to adopt a Special Ordinance with the California Department of Transportation Commission Meeting Date: March 28, 2023
the SFPUC (approved by the Board of Supervisors on September 28, 2021, by Resolution No. 210899), which requires, among other things, the SFPUC to implement the se Projects. The order requires construction completion dates for the Folsom Project and Lower Alemany Project as June 30, 2027, and March 31, 2028, respectively.
The Lower Alemany Project would improve collection system capacity during wet weather months within the area between Ellsworth Street and Barneveld Avenue in the Lower Alemany Area of San Francisco .
It would involve constructing a sewer of more than 6,000 linear feet along an alignment south of I -280 and the installati on of about 400 linear feet of new 120 -inch diameter sewer, as well as installing about 1,000 linear feet of an auxiliary sewer in Cortland area.
The Folsom Project w ould benefit the Mission District neighborhood near 17th Street and Folsom Street. It involves constructing about 4,000 linear feet of a new 12-foot diameter wet weather tunnel along Alameda Street, from Florida Street to the Channel Transport/Storage Box near the intersection of 7th and Berry Streets, as well as rerouting or upsizing about 8,000 linear feet of upstream sewer pipes and sewer boxes.
Both Projects are proposing new SFPUC facilities within property designated as part of the State Highway System , under the jurisdiction of Caltrans. The project teams have been coordinating with Caltrans on the proposed design to obtain the necessary encroachment permits for the work. During that coordination, Caltrans has determined that Project Study Report – Project Reports (PSR-PR) are required for each of the t wo projects. The PSR -PR is a document used by C altrans to provide approval of projects that impact Caltrans’ properties and are funded by other agencies, such as the SFPUC.
Before Caltrans would review the PSR-PR for each project, it requires SFPUC to enter into Cooperative Agreements, which details the roles and responsibility of SFPUC and Caltrans on the design process related to Caltrans’ properties, which includes
Caltrans’ provision of
engineering services and an estimate of the associated fees that SFPUC must pay for such services. Various City and County of San Francisco (City) ordinances require that agreements between the City and third parties, including government agencies, contain specific contract language. Caltrans does not allow modifications to its standard form for a Cooperative Agreement, including the addition of contract language that the Administrative and Environment chapters of the San Francisco Municipal Code normally requir
e for these types of engineering
services. And only the BOS can waive certain of these requirements, such as Administrative Code requirements regarding contract assignment, contract modification, and audits of contractor records, and Environment Code requirements regarding food waste reduction.
Accordingly, the BOS must enact the Special Ordinance before SFPUC may approve and execute the Cooperative Agreements , which are Recommendation to Board of Supervisors to adopt a Special Ordinance with the California Department of Transportation Commission Meeting Date: March 28, 2023
needed in a timely manner for both projects to complete their designs and meet the deadlines mandated in Clean -Up and Abatement Order R2-2021-0021.
SFPUC will prepare the PSR-PR and Caltrans will review/approve them. According to California law, Caltrans is the agency assigned to plan, design, construct, operate, and maintain the State Highway System. Whenever there is an exchange of effort, funding, or materials between Caltrans and a public entity regarding the planning, design, or construction of an im provement or facility on the State Highway System, a Cooperative Agreement is required. Both the Lower Alemany Project and the Folsom Project must enter into a cooperative agreement for each project to initiate the PSR -PR submittals and approvals.
Schedule: If recommended, the SFPUC intends to introduce the Special Ordinance at the regularly scheduled meeting of the Board of Supervisors on April 11, 2023
Environmental
Review:
Adoption of this ordinance does not constitute a “project” under the California Environmental Quality Act Guidelines s ection 15378(a) because there would be no physical change in the environment.
Adoption of this ordinance is not an approval of the proposed Lower Alemany Project or Folsom Project. The SFPUC retains discretion to, among other things, modify the proposed projects to mitigate significant environmental impacts, select feasible alternatives which avoid significant adverse impacts of the proposed projects, r equire the implementation of specific measures to mitigate any significant environmental impacts of the proposed projects, or reject the projects, following completion of environmental review.
Recommendation: SFPUC staff recommend that the Commission a dopt the attached resolution recommending that the Board of Supervisors adopt the Ordinance in substantially the form as attached hereto.
Attachment: 1. Draft Ordinance
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) is planning for the construction of the Lower Alemany Area Stormwater Improvement Project and Folsom Area Stormwater Improvement Project. Both projects are proposing to install facilities within the State Highway System, which requires the approval of the California Department of Transportation (Caltrans) on the design of the facilities; and
WHEREAS, A Project Study Report – Project Report (PSR-PR) is a document used by the California Department of Transportation to grant approval s to projects within the State Highway System that are funded by other public agencies. Caltrans requires SFPUC to prepare and submit a PSR-PR for each project, which Caltrans staff must review for project approval; and WHEREAS, Under state law, Caltrans must enter into a Cooperative Agreement with local agency for review of any PSR-PR documents, whenever Caltrans determines that the agency has the qualified and available staff to perform the necessary project services; and WHEREAS, Cooperative Agreements between the SFPUC and Caltrans to allow the SFPUC to fund Caltrans staff for their review of PSR-PR are considered professional services contracts under the San Francisco Municipal Code; and
WHEREAS, Caltrans refuses to modify the Cooperative Agreements to include clauses that the San Francisco Municipal Code requires for such contracts, including the Administrative and Environment chapters; and
WHEREAS, The San Francisco Board of Supervisors must enact a Special Ordinance exempting the Cooperat ive Agreements from the Administrative Code and Environment Code before SFPUC may execute the Cooperative Agreements without the required clauses; and WHEREAS, Caltrans approvals through the Cooperative Agreements are required for the completion of the proposed projects; and
WHEREAS, Adoption of this ordinance does not constitute a “project” under the California Environmental Quality Act Guidelines s ection 15378(a) because there would be no physical change in the environment; and
WHEREAS, Adoption of this ordinance is not an approval of the proposed Lower Alemany Project or Folsom Project; and the SFPUC retains discretion to, among other things, modify the proposed projects to mitigate significant environmental impacts, select feasible alternatives which avoid significant adverse impacts of the proposed projects, require the implementation of specific measures to mitigate any significant environmental impacts of the proposed projects, or reject the projects, following completion of environmental review; now, therefore, be it
RESOLVED, That this Commission hereby recommends that the Board of Supervisors adopt an ordinance, in substantially the form as the draft on file with the Commission Secretary and attached to this Resolution , authorizing the SFPUC to exempt the Cooperative Agreements with Caltrans for the Lower Alemany Area Stormwater Improvements Project and the Folsom Area Stormwater Improvements Project from the requirements of the San Francisco Administrative Code and Environment Code applicable to such Cooperative Agreements.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of March 28, 2023.
Secretary, Public Utilities Commission
FILE NO. ORDINANCE NO.
Public Utilities Commission
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25 [Waiver of Municipal Code Requirements for Public Utilities Commission Agreements with Caltrans]
Ordinance exempting from requirements of the Administrative Code and the Environment Code for two agreements between the San Francisco Public Utilities Commission and the California Department of Transportation for professional services for sewer improvement projects; and affirming the Planning Department’s determination under the California Environmental Quality Act.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental Findings.
The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). The determination is on file with the Clerk of the Board of Supervisors in File No. ______ and is incorporated by reference. The Board affirms the determination.
Section 2. Background and Findings.
(a) The San Francisco Public Utilities Commission (SFPUC) is planning to construct two projects to reduce the likelihood of future sewer and stormwater overflows from the combined sewer system during the five-year, three-hour storm: the Lower Alemany Area Stormwater Improvement Project and the Folsom Area Stormwater Improvement Project (the Projects). On November 10, 2021, the San Francisco Bay Regional Water Quality Control Board issued Stipulated Cleanup and Abatement Order No. R2-2021-0021 to the SFPUC (approved by the Board of Supervisors on September 28, 2021, by Resolution No. 210899), which requires, among other things, the SFPUC to implement the Projects. (b) Because the Projects would construct new facilities within property designated as part of the State Highway System, under the jurisdiction of the California Department of
Public Utilities Commission
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25 Transportation (Caltrans), Caltrans is requiring the SFPUC to enter into two agreements – one for each project (the Agreements), which provide for the SFPUC to pay for Caltrans to review design and environmental review documents for the Projects. Caltrans does not allow modifications to its form of agreement, including the addition of contract language normally required by the San Francisco Municipal Code.
(d) On March 28, 2023, by Resolution No. ______, the San Francisco Public Utilities Commission authorized the General Manager of the SFPUC to seek appropriate waivers of Administrative Code and Environment Code requirements for the Agreements from the Board of Supervisors. Resolution No. ______ is on file with the Clerk of the Board of Supervisors in File No. ______.
Section 3. Waiver of Administrative Code and Environment Code Requirements.
The Board of Supervisors hereby exempts the Agreements from all otherwise applicable sections of the Administrative Code and Environment Code.
Section 4. Effective Date.
This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance.
Section 5. Filing of Executed Agreement
Within 30 days of the Agreement being fully executed by all parties, the SFPUC shall provide a copy of the Agreement to the Clerk of the Board of Supervisors for inclusion into the file.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Public Utilities Commission
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25 NICHOLAS T. NIIRO
Deputy City Attorney