SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, September 10, 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 604 8139 (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
Tiffany Lennear
Director of Commission Affairs
SFPUC September 10, 2024 Regular Meeting Agenda Page 2 of 6 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.
SFPUC September 10, 2024 Regular Meeting Agenda Page 3 of 6
ORDER OF BUSINESS
1. Call to Order
2. Roll Call
3. Approval of the Minutes of August 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) Draft 2025 Hazards and Climate Resilience Plan
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
6. CONSENT CALENDAR
a) Award Contract Nos. PRO.0227(R2).A-D, As-Needed Power Operations Support Agreements, to Siemens Industry, Inc. (PRO.0227(R2).A), Utilicast, LLC (PRO.0227(R2).B), Clean Energy Capital Securities LLC (PRO.0227(R2).C), and Ascend Analytics (PRO.0227(R2).D), each for an amount not-to-exceed $2,000,000 and with a duration of five years, to provide specialized professional services for the San Francisco Public Utilities Commission Power Enterprise. (Hale)
b) Approve Modification No. 1 to Job Order Contract No. JOC-89, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties with Trinet Construction, Inc., to increase the contract duration by one year for a total contract duration of three years, allowing additional time to complete ongoing facility and asset improvements. (Robinson)
REGULAR CALENDAR
7. Adopt a refined Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act; Approve the terms and conditions and authorize the General Manager to execute a Purchase and Sale Agreement and Easement Deed with Sunol Glen Unified School District for the acquisition of a 4,008-square-foot easement for an underground water pipeline and associated appurtenances and a 34,834-square-foot temporary construction easement on and across a portion of Alameda County Assessor’s Parcel No. 096-0155-004-01, known as 11601 Main Street, Sunol, California, for $35,000, subject to Board of Supervisors’ and Mayor’s approval. (Flynn)
8. Approve the expansion of the Wastewater, Water, and Power Enterprise Interim Funding Programs from $750 million, $500 million, and $250 million, to not-to-exceed aggregate principal amounts of $1.25 billion, $750 million, and $450 million, respectively; and authorize the General Manager, or the General Manager’s designee, to prepare and introduce an ordinance with the terms described here for adoption by the Board of Supervisors and approval by the Mayor. (Hom)
SFPUC September 10, 2024 Regular Meeting Agenda Page 4 of 6
9. Accept work performed by Mitchell Engineering under Contract No. DB-129.1 Bay Corridor Transmission and Distribution – Phase 2 (2019) North; approve Modification No. 21 (Final) decreasing the contract amount by $1,276,441 for a total contract amount of $20,691,291 and increasing the contract duration by 696 consecutive calendar days for a total contract duration of 1,195 consecutive calendar days (approximately three years and three months), to cover a time impact analysis reconciliation for a compensable delay related to resequencing of duct bank work and dewatering for higher groundwater, final reconciliation of bid items and costs, and for contractor to complete closeout punch-list items, including resolution of Fluidized Thermal Backfill exceeding design strength, and preparation of as-built drawings and supporting documentation; and authorize final payment to the contractor. (Robinson)
10. Accept work performed by Rubecon Builders, Inc., under Contract No. WD-2687R, Auxiliary Water Supply System Pumping Station No. 2 Improvements (2016); approve Modification No. 14 (Final) increasing the contract amount by $1,111,992, within the approved contingency amount, for a total contract amount of $22,699,579, and increasing the contract duration by 817 consecutive calendar days for a total contract duration of 2,180 consecutive calendar days (approximately five years and 11 months), to resolve claims for additional compensation for time impacts and extended overhead, reconcile overall contract duration due to contractor- and owner-caused delays due to differing site conditions, electrical modifications, various improvements within the building due to existing conditions including additional painting, demolition, pipe and structural supports, utility repairs, concrete repairs, fire alarm system modifications), and complete administrative closeout; and authorize final payment to the contractor. (Robinson)
11. Communications (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Water Supply Conditions Update
e) Water System Improvement Program Annual Report
f) Water Enterprise Capital Improvement Program Quarterly Report g) O’Shaughnessy Dam Reservations Quarterly Report
h) CleanPowerSF Quarterly Report
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 matters listed below:
The Commission will go into Closed Session to discuss the following item:
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9, Administrative Code §67.10(d):
Annamarie Faro, et al. v. City and County of San Francisco San Francisco Superior Court Case No. CGC-23-610311
Date Filed: November 9, 2023
Proposed settlement of lawsuit for property damage resulting from a catch basin with the City to SFPUC September 10, 2024 Regular Meeting Agenda Page 5 of 6 pay plaintiffs $195,000 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman)
CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d):
Pacific Gas and Electric Company v. City and County of San Francisco Unlitigated Claim File No.: 24-01277
Date Filed: January 11, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a ruptured water main with the City to pay Pacific Gas and Electric Company $250,000 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman) CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d)):
150 Post Street LLC v. City and County of San Francisco Unlitigated Claim File No.: 24-02232
Date Filed: March 21, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a ruptured water main with the City to pay 150 Post Street LLC $272,566.05 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman) CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d):
Awad Faddoul v. City and County of San Francisco
Unlitigated Claim File No.: 24-02173
Date Filed: May 7, 2024
Proposed settlement of an unlitigated claim for property damage resulting from an obstructed sewer main with the City to pay Awad Faddoul $108,681.38 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman) CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d):
24th and Mission Partners v. City and County of San Francisco Unlitigated Claim File No.: 24-02162
Date Filed: May 7, 2024
Proposed settlement of an unlitigated claim for property damage resulting from an obstructed sewer main with the City to pay 24th and Mission Partners $90,201 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman) Following Closed Session, the Commission will reconvene in Open Session
16. Announcement following Closed Session
17. Motion regarding whether to disclose the discussion during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
18. Adjournment
SFPUC September 10, 2024 Regular Meeting Agenda Page 6 of 6 San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102