SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, June 11, 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 2664 484 3361 (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
Newsha Ajami
Kate H. Stacy
Dennis J. Herrera
General Manager
Cirilo Espinoza
Acting 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 Commission Meeting Minutes
a) May 14, 2024 Meeting
b) May 28, 2024 Meeting
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) Water Enterprise Capital Improvement Program Quarterly Reports (Presentation) b) Annual Alternative Water Supply Program Report (Presentation) c) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
6. CONSENT CALENDAR
a) Award Contract No. WW-726, Various Locations Sewer Replacement No. 15, to the responsible bidder that submitted the lowest responsive bid, Michael O'Shaughnessy Construction, Inc., in the amount of $8,308,717 and with a duration of 510 consecutive calendar days (approximately one year and five months), to replace/line existing sewers on specified streets in 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 San Francisco Administrative Code section 31.04(h). The Planning Department has determined that the Project is exempt from the CEQA. The Commission will rely on that determination to make its decision on this action. (Robinson) b) Award Contract Nos. PRO.0266 A and B, As-Needed Research, Advertising, Community Engagement and Event Planning, to Most Likely To, Inc. (PRO.0266.A) and InterEthnica, Inc. (PRO.0266.B), each for an amount not-to-exceed $1,900,000 and a duration of four years. (Ordikhani)
c) Approve Amendment No. 2 to Contract No. PRO.0181, Westside Pump Station Construction Management Staff Augmentation Services, with MCK Americas, Inc., extending the contract duration by one year and six months for a new total contract duration of four years and six months, with no change to the contract amount, to continue construction management support for construction under Contract No. WW-645R, Westside Pump Station Reliability Improvements. (Robinson)
d) Approve Amendment No. 1 to the Memorandum of Agreement (Agreement) with the City of San Bruno regarding reimbursement of planning, design, and engineering costs for the provision of an additional one million gallons of emergency water storage in San Bruno Pressure Zone 1/4 at the Cunningham Tank site, as part of the operation of the Regional Groundwater Storage and Recovery Project. This Amendment No. 1 would retroactively extend the Agreement duration by 12 months, for a new total duration of 36 months, with no change to the Agreement’s not-to-exceed amount for the San Francisco Public Utilities Commission or San Bruno. (Ritchie)
REGULAR CALENDAR
7. Award Contract No. WW-742, Southeast Water Pollution Control Plant 040/041/043 Health & Safety Improvements, to the responsible bidder that submitted the lowest responsive bid, Anvil Builders, Inc., in the amount of $18,700,490, and with a duration of 940 consecutive calendar days (approximately two years and seven months), to provide health and safety improvements addressing structural, mechanical, instrumentation, controls, and electrical reliability, to the Southeast Water Pollution Control Plant wet weather primary sedimentation buildings. This action constitutes the Approval Action for the Project for the purposes of the California Environmental Quality Act (CEQA), pursuant to San Francisco Administrative Code section
31.04(h). The Planning Department has determined that the Project is exempt from the CEQA.
The Commission will rely on that determination to make its decision on this action. (Robinson)
8. Approve Amendment No. 1 to Contract Nos. PRO.0066 A to C, Natural Resources Specialized and Technical Services, with AECOM Technical Services, Inc (PRO.0066.A), Applied Technology and Science A-T-S (PRO.0066.B), and Avila and Associates Consulting Engineers Inc. (PRO.0066.C), increasing each contract amount by $7,000,000, each for a new total not-to-exceed contract amount of $21,000,000, with no change to the contract durations, subject to Board of Supervisors approval under Charter Section 9.118. (Ritchie)
9. Adopt a Resolution accepting the 2024 San Francisco Public Utilities Commission (SFPUC) Wildfire Mitigation Plan (WMP) and authorizing the SFPUC General Manager to file the Plan with the California Office of Energy Infrastructure Safety (OEIS) Wildfire Safety Advisory Board (WSAB) on or before July 1, 2024. (Ritchie)
10. Communications (information only)
a) 2009 Water Supply Agreement Update
b) Advance Calendar
c) Annual Alternative Water Supply Program Report
d) CleanPowerSF Quarterly Report
e) Contract Advertisement Report
f) Correspondence Log
g) Hetch Hetchy Capital Improvement Program Quarterly Report h) Water Enterprise Capital Improvement Program Quarterly Reports i) Water Supply Conditions Update
11. Items initiated by Commissioners (discussion only)
12. Public Comment on the matter to be addressed during Closed Session
13. 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 item:
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9, Administrative Code §67.10(d)(1)).
RES System 3, LLC v. City and County of San Francisco Public Utilities Commission [Alameda County Superior Court Case No. 23CV037877, Filed September 26, 2022] Proposed settlement of a construction contract claim by RES System 3, LLC under DB-127, Warnerville Substation Rehabilitation Project. Material terms: SFPUC will pay nothing on Contractor’s claim; the SFPUC will release $2.6 million of the withheld contract balance; and the SFPUC will retain the remaining contract balance of $2,991,223. Proposed settlement subject to final approval by the Board of Supervisors. (Action Item) (Bregman) 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