SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, August 22, 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 2592 058 3232 # # (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 August 8, 2023
4. Report of the General Manager (discussion only)
a) Quarterly Audit and Performance Review Report
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
5. Bay Area Water Supply and Conservation Agency Update (discussion only) (Sandkulla)
6. CONSENT CALENDAR
a) Award Job Order Contract No. JOC-97, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, in the 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, Ground Control Inc., to perform A-licensed general engineering construction work on San Francisco Public Utilities Commission systems and operations around the Bay Area. (Robinson)
b) Accept work performed by Western Water Constructors, Inc., under Contract No. WW-667, Mariposa Dry Weather Pump Station Improvements; Approve Modification No. 22 (Final) decreasing the contract amount by $26,853, and increasing the contract duration by 216 calendar days, to revise the security gate/lockset to comply with the Americans with Disabilities Act and concurrently complete remaining punch list items, for a total contract amount of $18,506,438 and a total contract duration of 1,566 consecutive calendar days (approximately four years and four months); and authorize final payment to the contractor. (Robinson)
REGULAR CALENDAR
7. Approve Amendment No. 5 to Contract No. CS-1408, Multi-Party Cost Share Contract for Los Vaqueros Reservoir Expansion Project Planning with Alameda County Flood Control and Water Conservation District Zone 7, Alameda County Water District, Contra Costa Water District, East Bay Municipal Utility District, Grassland Water District, San Luis & Delta-Mendota Water Authority, Santa Clara Valley Water District, and Los Vaqueros Reservoir Joint Powers Authority, to increase the not-to-exceed Contract amount by $8,673,000, of which $1,239,000 would be the not-to-exceed obligation of the San Francisco Public Utilities Commission, for a new total not-to-exceed amount of $31,525,836, of which $4,597,910 would be the total not-to-exceed obligation of the San Francisco Public Utilities Commission, and extend the Contract duration by 12 months for a new total Contract duration of five years and four months. The requested increase in budget and time is due to additional roles and responsibilities assumed by parties to the Contract and due to delays in negotiation and execution of contracts with California Department of Water Resources, California Department of Fish and Wildlife, and permits with the U.S. Bureau of Reclamation. (Ritchie)
8. Public hearing to consider and possible action to adopt revised Rules and Regulations Governing Electric Service (Rules) in conformance with the requirements of Charter section
4.104, effective October 22, 2023. The revised version of the Rules replaces in its entirety the original version that the Commission approved in February 2010 as well as amendments approved in November 2015 and May 2017. (Hale)
9. Authorize the General Manager to recommend that the San Francisco Director of Property execute a Certificate of Acceptance to accept an approximately seven-acre parcel, known as Block/Lot 8928/001, in fee and at no cost to the SFPUC, for the future site of the new Treasure Island Wastewater Treatment Plant (TI WWTP); approve the terms and conditions of the transfer; and authorize the General Manager to execute a 66-year lease with the Treasure Island Development Authority, a California non-profit public benefit corporation, as landlord, to use approximately three acres of land, comprising a portion of Block/Lot 8946/002, at no cost to the SFPUC, for the future development of wetlands appurtenant to the TI WWTP for the final stage of wastewater treatment. (Flynn)
10. Communications (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Declaration of Emergency – Chemical Storage Tank Repair for the Sunol Valley Water Treatment Plant
e) Quarterly Report on Contracts Awarded by the General Manager Pursuant to Delegated Authority
f) Water Supply Conditions Update
11. 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.
12. Items initiated by Commissioners (discussion only)
13. Public Comment on the matter to be addressed during Closed Session
14. 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
15. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (California Government Code Section 54956.9(d)(1), and San Francisco Administrative Code Section
67.10(d)(1)):
City and County of San Francisco v. U.S. Environmental Protection Agency (U.S. Court of Appeals for the Ninth Circuit, Case No. 21-70282, Filed February 9, 2021); City and County of San Francisco v. State Water Resources Control Board, et al. (Alameda Superior Court, Case No.
RG-19042575, Filed October 30, 2019). (discussion only) (Bregman/Kus) Following Closed Session, the Commission will reconvene in Open Session
16. Announcement following Closed Session
17. Motion regarding whether to disclose the discussions during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
18. Adjournment.
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13TH Floor
San Francisco, CA 94102