SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, October 22, 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 2662 085 7013 (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
Kate H. Stacy
Joshua Arce
Avni Jamdar
Stephen E. Leveroni
Dennis J. Herrera
General Manager
Tiffany Lennear
Director of Commission Affairs
SFPUC October 22, 2024 Regular Meeting Agenda Page 2 of 7 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 October 22, 2024 Regular Meeting Agenda Page 3 of 7
ORDER OF BUSINESS
1. Call to Order
2. Roll Call
3. Annual Election of Officers: Discussion and possible action to elect a President and Vice President of the San Francisco Public Utilities Commission.
4. Approval of the Minutes of September 24, 2024
5. 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.
6. Report of the General Manager (discussion only)
a) Wastewater Capital Programs Quarterly Report
b) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
7. Bay Area Water Supply and Conservation Agency Report
8. CONSENT CALENDAR
a) Approve the terms and conditions of Amendment No. 1 to the Childcare Lease dated October 28, 2021 with Wu Yee Children’s Services, a California nonprofit public benefit corporation for the childcare facility at the Southeast Community Center, to modify the scholarship program procedures. (Flynn)
b) Approve an increase of $117,517 to the cost contingency for Contract No. WD-2896, 12- Inch Ductile Iron Water Main Installation on Webster Street from Grove Street to Eddy Street, with M. Squared Construction, Inc., to procure additional ductile iron pipe necessary to, realign the pipe after encountering an unforeseen underground storage tank, and for additional traffic controls and support, for a revised cost limit of $1,733,375, with no change to the contract duration. (Robinson)
c) Award Contract No. WD-2906, Town of Sunol Pipeline Replacement at Arroyo de la Laguna Creek, to the responsible bidder that submitted the lowest responsive bid, Mitchell Engineering, in the amount of $4,789,385 and with a duration of 605 consecutive calendar days (approximately one year and eight months), to replace a section of 12-inch diameter water main located in Sunol, CA. (Robinson)
d) Award Contract No. WD-2883R, Millbrae Security Upgrades, to the responsible bidder that submitted the lowest responsive bid, Rodan Builders, Inc., in the amount of $8,204,000 and with a duration of 540 consecutive calendar days (approximately one year and six months), to provide security upgrades at the Millbrae Campus. This action by the Commission 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 SFPUC October 22, 2024 Regular Meeting Agenda Page 4 of 7 CEQA. The Commission will rely on that determination to make its decision on this action. (Robinson)
e) Approve a Greenhouse Gas-Free Energy Contract for CleanPowerSF that is subject to binding arbitration with Pacific Gas and Electric Company, in an amount not-to-exceed $8,955,000 and with a duration of one year, and authorize the General Manager to seek Board of Supervisors approval of the contract. (Hale)
f) Approve execution and submission of an attestation of veracity for Hetch Hetchy Power’s 2023 Power Source Disclosure Reports and Power Content Label; approve final submission of the 2023 Power Source Disclosure Reports to the California Energy Commission (Energy Commission); and approve provision of the Power Content Label to all customers by January 31, 2025. (Hale)
g) Approve execution and submission of an attestation of veracity for CleanPowerSF’s 2023 Power Source Disclosure Reports and Power Content Label; approve final submission of the 2023 Power Source Disclosure Reports to the California Energy Commission (Energy Commission); and approve provision of the Power Content Label to all customers by January 31, 2025. (Hale)
h) Approve the novation of Contract No. PRO.0054.A, Wastewater and Stormwater Services, to transfer the existing contract from Woodard & Curran-Hydroconsult Engineers Inc., JV to Woodard & Curran, Inc. (Prather)
REGULAR CALENDAR
9. Accept work performed by JMB Construction under Contract No. WD-2797, San Francisco Westside Recycled Water Pump Station and Reservoir; approve Modification No. 19 (Final) increasing the contract amount by $5,194, within the approved contingency amount, for a final contract amount of $18,206,751, and increasing the contract duration by 236 consecutive calendar days, within the approved contingency duration, for a final contract duration of 1,845 consecutive calendar days (approximately five years), to complete punch list work associated with the Pacific Gas and Electric Company power service to the facility and to finalize closeout documentation; and authorize final payment to the contractor. (Ritchie)
10. Approve and authorize the General Manager to execute, on behalf of the City and County of San Francisco, a new 10-year water service contract with the United States Department of Energy to continue water service to Lawrence Livermore National Laboratory through December 31, 2034, with estimated revenue of $66,436,590, subject to Board of Supervisors approval under San Francisco Charter Section 9.118. (Ritchie)
11. Approve Amendment No. 3 to Contract No. PRO.0096, Mountain Tunnel Improvements Project Construction Management Services, with AECOM Technical Services Inc., increasing the contract amount by $9,500,000 and extending the contract duration by five months, for a total not-to-exceed contract amount of $34,000,000 and a total contract duration of eight years and five months, to continue providing specialized construction management services for the Mountain Tunnel Improvements Project, subject to Board of Supervisors approval under Charter Section 9.118. (Robinson)
12. Authorize the General Manager to seek approval from the Board of Supervisors to extend and SFPUC October 22, 2024 Regular Meeting Agenda Page 5 of 7 increase the delegation of authority under Section 21.43 of the Administrative Code to execute power supply contracts: a) with terms in excess of 10 years or requiring expenditures of $10 million or more subject to an annual expenditure limit of $300 million per year; and b) with anticipated revenue in excess of $1 million or more subject to an annual revenue limit of $300 million per year, from July 1, 2025 to June 30, 2030. (Hale)
13. Award Contract No. DB-138, Southeast Treatment Plant Biogas Utilization Project, in the amount of $121,541,812, and with a duration of 1,020 consecutive calendar days (approximately two years and ten months), to the sole, qualified proposer, PCL Construction, Inc., to design and construct the Biogas Utilization Project, a subproject of the Biosolids Digester Facilities Project, to provide beneficial use of the biogas generated from the new digesters by converting it to renewable natural gas for pipeline injection. (Robinson)
14. Approve an increase of $385,000 to the cost contingency and 329 calendar days to the duration contingency for Contract No. WW-739, As-Needed Large Diameter Sewer Cleaning, with Pipe and Plant Solutions, Inc., to perform additional large diameter (greater than 36-inches in diameter) sewer cleaning, for a revised cost limit of up to$1,433,439, and a revised duration limit of up to730 consecutive calendar days. (Robinson)
15. COMMUNICATIONS (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Water Supply Conditions Update
16. Items initiated by Commissioners (discussion only)
17. Public Comment on the matter to be addressed during Closed Session
18. 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
19. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code §54956.9(d), San Francisco Administrative Code §67.10(d)):
Stern Grove Festival Association v. City and County of San Francisco Unlitigated Claim File Nos.: 22-012171 and 24-02322
Dates Filed: February 22, 2022 and May 28, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a water main failure with the City to pay the Stern Grove Festival Association $225,016.38 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Whipps)
CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (Government Code SFPUC October 22, 2024 Regular Meeting Agenda Page 6 of 7 §54956.9(d), San Francisco Administrative Code §67.10(d):
Arthur Bailey Jr. v. City and County of San Francisco
San Francisco Superior Court Case No.: CGC-23-607826
Date Filed: July 21, 2023
Proposed settlement of a personal injury lawsuit with the City and County of San Francisco to pay Arthur Bailey Jr. $320,000 in exchange for a full and final release, subject to final approval by the Board of Supervisors.
(Action Item) (Whipps)
Following Closed Session, the Commission will reconvene in Open Session
20. Announcement following Closed Session
21. Motion regarding whether to disclose the discussion during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
22. Adjournment
SFPUC October 22, 2024 Regular Meeting Agenda Page 7 of 7 San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102