SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, March 12, 2024
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 4 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 2661 435 2085 # # (No Passcode Required )
When your item of interest is called press *3 to be added to the speaker line.
Commenters will be allowed two minutes to speak.
Call from a quiet location, speak clearly and slowly, and turn down your television, radio, or computer.
Commissioners
Tim Paulson, President
Anthony Rivera, Vice President
Sophie Maxwell
Newsha Ajami
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 for individuals who cannot attend in person due to disability by making a request to the Commission Secretary by 12 PM (noon), the day before the Commission meeting at [email protected] or 415-554-3165. 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 February 27, 2024
4. 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.
5. Report of the General Manager (discussion only)
a) FY 2022-23 Audited Financial Statements
b) San Francisco Waterfront Flood Study Draft Report
c) Update on Power Enterprise Customer Programs
d) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
6. CONSENT CALENDAR
a) Approve an increase of 684 calendar days (approximately one year and 11 months) to the contract duration contingency for Contract No. DB-130 Bay Corridor Transmission and Distribution (BCTD) – Phase 3 (2019), with Beta Engineering California, LP., increasing the contract duration up to 1,479 consecutive calendar days (approximately four years), with no change to the contract amount, for administrative purposes to allow the completion of contractor-delayed construction activities and commissioning/testing to mitigate the risk of unplanned outages, and to conduct additional owner-requested distribution cable testing to reduce the likelihood of further impact to customers upon system reenergization. (Robinson)
b) Approve the closeout of Contract No. HH-1004.C Master As-Needed Tree Services-Hetch Hetchy with Capax Ground, Inc. with Capax Group, Inc.; and authorize final payment to the contractor in the amount of $17,175. (Ritchie)
c) Approve Modification No. 1 to Job Order Contract No. JOC-86, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties with Ground Control Inc. to increase the contract duration by one year for a total contract duration of three years, with no change to the contract amount, for additional time for facility and asset improvements. (Robinson)
d) Award Contract No. WD-2908(I), HVAC Mechanical Maintenance and As-needed Construction Repair Services to the responsible bidder that submitted the lowest responsive bid, Southland Industries, in the amount not-to-exceed $1,338,466, with a duration of 1,095 consecutive calendar days (approximately three years). (Ritchie) e) Accept work performed by Pipe and Plant Solutions, Inc., under Contract No. WW-675, 5th/18th/Upper Larkin Street Sewer Inspection; approve Modification No. 2 (Final) decreasing contract amount by $10,000, for a total contract amount of $2,178,194, and increase contract duration by a total of 107 calendar days to permit completion of punch list items and finalize closeout documentation, for a total contract duration of 345 consecutive calendar days; and authorize final payment to the contractor. (Robinson) f) Approve an increase of up to 214 calendar days (approximately seven months) to the contract duration contingency for Contract No. WW-704, Various Locations Sewer Replacement No. 9, with JDB and Sons Construction, Inc., for a new contract duration limit of up to 774 consecutive calendar days (approximately two years and two months), due to delays caused by the San Francisco Municipal Transportation Authority not de-energizing overhead Muni lines and to address unforeseen underground conditions encountered on Federal Street, with no change to the contract amount. (Robinson)
REGULAR CALENDAR
7. Approve Amendment No. 6 to Contract No. WW-647R, Southeast Water Pollution Control Plant Biosolids Digester Facilities Project (Biosolids Project), with MWH Constructors/Webcor Builders Joint Venture (Construction Manager/General Contractor or CM/GC), increasing the contract amount by $407,000,000, increasing the contract duration by 60 consecutive calendars days, and increasing the contract duration contingency by 51 consecutive calendars days, resulting in a revised contract cost limit of $2,253,383,149 and a revised contract duration limit of 4,212 consecutive calendar days (approximately 11 years and six months), to align the scope and cost of the Biosolids Project with the competitively procured subcontractor work packages and to maintain the current project schedule. (Robinson)
8. Award Contract No. WW-750, Southeast Water Pollution Control Plant SEP-7 Operations, Engineering, and Maintenance Buildings, a Construction Manager/General construction (CM/GC) services contract to the highest-ranked proposer, Clark Construction Group – CA, LP, in an amount not-to-exceed $97,000,000, and a duration of 1,751 consecutive days (approximately four years and 10 months), to replace Building SEP 850 and the adjacent parking lot at Jerrold and Phelps with two new buildings, SEP 603 and SEP 914. (Robinson)
9. Communications (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Alternative Water Supply Plan Update
e) CleanPowerSF Quarterly Report
f) FY 2022-23 Annual Comprehensive Financial Report
g) FY 2022-23 Popular Annual Financial Report
h) Pacific Institute Evaluation of SFPUC Water Efficiency Programs i) Quarterly Report for Power Scheduling and Coordination and Related Support Services with APX
j) Water Enterprise Capital Improvement Program Quarterly Report k) Water System Improvement Program Quarterly Report
l) Water Supply Conditions Update
10. Items initiated by Commissioners (discussion only)
11. Public Comment on the matters to be addressed during Closed Session
12. Motion on whether to assert the attorney-client privilege regarding the matters listed below The Commission will go into Closed Session to discuss the following items:
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9(d)(1), San Francisco Administrative Code §67.10(d)(1)):
Mathias Salle v. City and County of San Francisco
Unlitigated File No.: 23-01601
Date Filed: March 6, 2023
Proposed settlement of unlitigated claim resulting from a water main rupture with the City and County of San Francisco to pay Mathias Salle $58,986 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (action item) (Bregman)
14. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d)(1)):
Proposed settlements of unlitigated claims for property damage resulting from the September 10, 2023 break of a water transmission pipeline at the intersection of Fillmore and Green Streets, with the City to pay the claimants the settlement amounts as listed below, each in exchange for a full and final release. This approval is final under the delegated authority granted by the Board of Supervisors (Ordinance No. 20-24 (File No. 231273)). (Bregman) Claim No. Date Filed Claimant
Proposed
Settlement
Amount
24-00537 September 19, 2023 S&T 1438 Enterprises, LLC $125,000.00 24-00644 October 4, 2023 The Francoise Rothstein Family, LLC $95,795.00 24-00751 October 17, 2023 George and Ingrid Carney $70,000.00 24-00752 October 18, 2023 3154 Fillmore Street, LLC $42,194.00 24-00758 October 23, 2023 3200 Fillmore, LLC $39,510.00 24-00759 October 20, 2023 2277-2299 Union St, LLC $50,350.00 24-00855 November 5, 2023 Seifer, Murken, Despina, James & Teichman $48,153.00 24-01023 December 5, 2023 Union & Fillmore, LLC $243,892.00 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