SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, April 11, 2023
1:30 PM
1 Dr. Carlton B. Goodlett Place
City Hall, Room 400
Members of the San Francisco Public Utilities Commission (SFPUC) will attend this meeting in-person. Members of the public are invited to observe the meeting in-person or remotely by watching live online as described below.
Members of the public attending the meeting in person or remotely will have an opportunity to provide public comment on every action or discussion item.
Members of the public are encouraged to provide public comment by email. Send an email to [email protected] by 5 pm the day before the meeting to ensure your comment is received by the Commission in advance of the meeting. All comments received will be made part of the official record.
REMOTE MEETING ACCESS
Watch: https://www.sfgovtv.org/sfpuc
REMOTE PUBLIC COMMENT CALL-IN: 1 (415) 655-0001/ACCESS CODE 2593 174 2517 # # (No Passcode Required )
When your item is called, press *3 to be added to the public comment speaker line. Commenters will have up to two minutes to provide comment unless otherwise noted by the Chair. Please speak clearly, ensure you are in a quiet location, and turn off any TV’s or computers around you.
Commissioners
Newsha Ajami, President
Sophie Maxwell, Vice President
Tim Paulson
Anthony Rivera
Kate H. Stacy
Dennis J. Herrera
General Manager
Donna Hood
Commission Secretary
Accessible Meeting Policy: City Hall, Room 400 is wheelchair accessible. The meeting will be broadcast and captioned on SFGovTV. Remote public participation is available upon request for individuals who cannot attend in person due to disability. Making a request to participate remotely no later than one hour before the start of the meeting helps ensure availability of the meeting link. Sign Language Interpretation is also available upon request. Sign Language Interpretation is available upon request. If requesting Sign Language Interpretation, please submit an accommodation request a minimum of four business hours before the start of the meeting. Allowing a minimum of 48 business hours for all other accommodation requests (for example, all other auxiliary aids and services) helps ensure availability. To request accommodation, please contact the Commission Secretary at [email protected] or 415-554-3165.
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. Approval of the Minutes of March 23, 2023
4. Report of the General Manager (discussion only)
a) Water Supply Conditions Update
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
5. CONSENT CALENDAR
a) Award Job Order Contract No. JOC-93, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, for an amount not-to-exceed $5,000,000 with a guaranteed minimum task-order opportunity amount of $50,000 and a duration of two years, to the responsible bidder that submitted the lowest responsive bid, M.
Hernandez Construction, Inc. (dba) Hernandez Engineering, to perform general engineering work in San Francisco Public Utilities Commission systems and operations around the Bay Area. (Robinson)
b) Approve Amendment No. 1 to Contract Nos. PRO.0072.A-B, Security Consulting and Design Services, with Catalyst Consulting Group, Inc. (PRO.0072.A) and Guidepost Solutions LLC (PRO.0072.B), to continue providing as-needed specialized security consulting and design services until SFPUC advertises and awards a new as-needed security contract. The existing contracts are reaching capacity due to the number of existing and upcoming San Francisco Public Utilities Commission Water/Wastewater/Hetch Hetchy-Power projects identified in the 10-year capital improvement programs that require specialized security services. Staff recommends increasing each contract by $1,000,000 for a total not-to-exceed amount of $3,000,000 each, with no change to the contract durations. (Robinson)
c) Approve Amendment No. 2 to Contract No. PRO.0073, Treasure Island Wastewater Treatment Plant & Recycled Water Facility Engineering Services, with Carollo Engineers, Inc., to provide continued engineering and owner advisor’s expertise in reviewing the key design submittals during the critical design phase and also provide engineering support in the review of construction procurement packages in the early construction phase support of the design-build contract (DB-132, New Treasure Island Wastewater Treatment Plant); and authorize the General Manager to execute this amendment, increasing the Contract duration by two years, with no change to the contract amount, for a total duration of seven years. (Robinson)
d) Approve Amendment No. 4 to Contract No. PRO.0101, Tunnel Engineering Services for the Folsom Area Stormwater Improvements Project, with McMillen Jacobs Associates/ Stantec, Joint Venture, to provide continued consultant tunnel engineering design support in the execution and delivery of the proposed Folsom Area Stormwater Improvements Project, extending the contract duration by six months, for a total duration of five years and one month, with no change to the contract amount. This action constitutes the Approval Action for the Folsom Area Stormwater Improvements 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. Specifically, this extension will allow time to prepare more detailed budgetary information for the Caltrans-requested design requirement. (Robinson) e) Approve an increase of $3,500,000 to the contract cost contingency for Contract No. WD-2888(E), Stern Grove Emergency Site Restoration, with Anvil Builders, Inc., to perform slope repair and erosion mitigation work as a result of atmospheric rain events in December 2022; and authorize the General Manager to approve future modifications to the contract for a total contract amount of up to $22,010,994. (Robinson) f) Approve the terms and conditions of and authorize the General Manager to execute a Lease between the City and County of San Francisco, through its Public Utilities Commission, as the landlord, and SPRO LLC, a California limited liability company as tenant, to use approximately 904 gross square feet of space, consisting of the café portion of the lobby on the ground floor of the SFPUC's headquarters building at 525 Golden Gate Avenue in San Francisco and the preparation and storage area located in the building’s basement, at an initial rent of $3,000 per month, with four-percent annual rent increases. The Lease provides for an initial five-year term, subject to the SFPUC’s right to terminate after the third year of the Lease term. In addition, the tenant may request and the General Manager may exercise up to three one-year options to extend the initial five-year term for up to another three years, for a total potential term of eight years. (Flynn)
g) Authorize the General Manager to execute an Amended and Replacement Memorandum of Understanding with the San Francisco Recreation and Parks Department (SFRPD) to modify the use and term of the original Memorandum of Understanding (MOU) approved by the Commission. The Amended MOU would allow the SFPUC to use the electrical facilities at McLaren Park to serve the Sunnydale HOPE SF project until energization of new facilities that will be used to provide permanent power or until the SFPUC determines that they are no longer needed to serve the project. (Hale)
REGULAR CALENDAR
6. Public hearing to consider and possible action to (1) rescind the declaration of a local Water Shortage Emergency adopted by the San Francisco Public Utilities Commission on November 23, 2021, by Resolution No. 21-0177, that also imposed a mandatory temporary drought surcharge for SFPUC retail customers, and (2) continue the voluntary system-wide water use reduction of 11% compared to baseline water use during Fiscal Year 2019-2020 to remain consistent with State Water Resources Control Board emergency drought regulations still in effect. (Ritchie)
7. Authorize the General Manager to (1) implement program changes to the San Francisco Public Utilities Commission’s Water and Wastewater Customer Assistance Program (CAP); (2) suspend the SFPUC’s late payment charge policy for single-family residential customers; and (3) implement an updated policy for shutoffs and liens for single-family residential customers, with delegated authority to the General Manager to determine the eligibility and engagement criteria for this policy. (Hom/Ordikhani)
8. Public hearing to consider and possible action to adopt Rules and Regulations for the implementation of the Social Impact Partnership Program in conformance with the requirements of Charter Section 4.104 and San Francisco Administrative Code Chapter 21F, effective April 22, 2023. (Ordikhani)
9. Approve a New Water Infrastructure Finance and Innovation Act Master Loan Agreement (Master Agreement) with the United States Environmental Protection Agency in an aggregate principal amount up to $791,337,456 and a sub-loan agreement for an initial draw down of $369,335,021 under the Master Agreement to provide partial funding for certain projects in the Wastewater Enterprise Capital Plan. (Hom)
10. Award Contract No. PRO.0179, Wastewater Capital Plan Delivery, Program Management Consultant, to AECOM Technical Services, Inc., to provide program management consulting services to replace the existing contract that is nearing capacity, for an amount not-to-exceed $90,000,000, and with a duration of 10 years, subject to approval by the Board of Supervisors pursuant to Charter Section 9.118. (Robinson)
11. Approve the General Manager’s determination that it is in the City’s best interest to terminate for convenience Contract No. WD-2825R, Alameda Creek Recapture Project with Anvil Builders, Inc.; and authorize the General Manager to negotiate closeout terms and final payment to the contractor in accordance with the terms of the contract. (Robinson)
12. Communications (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Annual Power Risk Management Plan
e) CleanPowerSF Quarterly Report
f) Declaration of Emergency – Repair of Hetch Hetchy Water and Power Roads due to March Storms
g) Power Quarterly Report on Delegated Authority Contracts Pursuant to Administrative Code Section 21.43
h) Quarterly Report on Contracts Awarded by the General Manager Pursuant to Delegated Authority
13. 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.
14. Items initiated by Commissioners (discussion only)
15. Public comment on the matter to be addressed during Closed Session
16. 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
17. 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
Yosemite Slough Sediment Contamination Site, U.S. EPA Region IX, CERCLA Docket No. 2016-05 [City Attorney File No. 090923]
Funding further implementation of U.S. EPA interim settlement as approved under Ordinance No. 18-20, subject to Board of Supervisors approval. (action item) (Bregman) Following Closed Session, the Commission will reconvene in Open Session
18. Announcement following Closed Session
19. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
20. Adjournment.
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102