SAN FRANCISCO PUBLIC UTILITIES COMMISSION
City and County of San Francisco
London N. Breed
Mayor
REGULAR MEETING AGENDA
Tuesday, December 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 2662 599 9757 (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, President
Joshua Arce, Vice President
Avni Jamdar
Stephen E. Leveroni
Dennis J. Herrera
General Manager
Tiffany Lennear
Director of Commission Affairs
SFPUC December 10, 2024 Regular Meeting Agenda Page 2 of 8 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 Director of Commission Affairs 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 Director of Commission Affairs 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 December 10, 2024 Regular Meeting Agenda Page 3 of 8
ORDER OF BUSINESS
1. Call to Order
2. Roll Call and Announcement
3. Approval of the Minutes of October 22, 2024 and November 12, 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. The Commission values civic engagement and encourages respectful communication at the public meeting. We ask that all public comment be made in a civil and courteous manner and that you refrain from the use of profanity. Thank you.
5. SFPUC Citizens’ Advisory Committee 2023-2024 Annual Report to the Commission
6. Report of the General Manager (discussion only)
a) Annual Policy and Government Affairs Update
b) Water Enterprise Capital Improvement Program
c) Water System Improvement Program
d) Fiscal Year 2024-2025 Quarter 1 Audit and Performance Review Report e) SFPUC FY 2024-2025 First Quarter Budgetary Report through September 2024 f) Wastewater Enterprise Quarterly Report including Southeast Area Major Projects g) Report on Recent San Francisco Public Utilities Commission Activities, Events and Announcements
7. CONSENT CALENDAR
a) Award Contract Nos. PRO.0176.A and PRO.0176.B, As-Needed Corrosion Control Engineering and Inspection Services, to JDH Corrosion Consultants, Inc. (PRO.176.A) and V&A Consulting Engineers, Inc. (PRO.0176.B), each for an amount not-to-exceed $1,500,000 and with a duration of five years, to provide corrosion control engineering services to support capital improvement projects pertaining to water system transmission and distribution pipelines, tanks, treatment facilities, wastewater system facilities, power facilities and other related facilities. (Robinson)
b) Approve an increase of 219 calendar days (approximately seven months) to the duration contingency for Contract No. WD-2873(I), 525 Golden Gate Avenue As-Needed Fire & Life Safety Systems, with Intelligent Technologies & Services, Inc., for a revised duration limit of up to 1,825 consecutive calendar days (five years), to continue to perform inspections, testing, maintenance, repairs, and replacement of the fire and life safety systems as required, with no change to the contract contingency amount. (Robinson) c) Award Contract No. WD-2875, 8-Inch and 12-Inch Ductile Iron Water Main and Sewer Replacement on Grand View Avenue from Clipper Street to Romain Street, and Various Area Streets, to the responsible bidder that submitted the lowest responsive bid, Basset Engineering Inc., in the amount of $10,145,959 and with a duration of 640 consecutive calendar days (approximately one year and nine months), to install water mains in the Noe Valley District of San Francisco. This action constitutes the Approval Action for the Project SFPUC December 10, 2024 Regular Meeting Agenda Page 4 of 8 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)
d) Approve Modification No. 2 to Job Order Contract No. JOC-90, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, with GSW Construction, Inc., to increase the contract amount by $500,000, for a revised not-to-exceed contract amount of $5,500,000, with no change to contract duration, for additional capacity for facility and asset improvements. (Robinson) e) Approve Modification No. 1 to Job Order Contract No. JOC-91, General Engineering (A License) Construction, San Francisco, San Mateo, Santa Clara, and Alameda Counties, with R&S Construction Management, Inc., to increase the contract amount by $2,500,000, for a revised not-to-exceed contract amount of $7,500,000, and to increase the contract duration by three years, for a total contract duration of five years, to provide and additional time and capacity for facility and asset improvements. (Robinson) f) Award Contract WW-760, As-Needed Spot Sewer Replacement No. 46, to the responsible bidder that submitted the lowest responsive bid, J. Flores Construction Company, Inc., in the amount of $9,228,23 and with a duration of 400 consecutive calendar days (approximately one year and one month), to replace sections of existing sewer pipe on an as-needed basis at locations that staff will determine throughout the City and County of San Francisco. (Robinson)
g) Award Contract No. CS-1248, Equipment and Software Maintenance to Schneider Electric Systems USA, Inc. , for an amount not-to-exceed $1,545,332 and with a duration three years, to provide technical support, maintenance, and other services for the Distributed Control System software and hardware modules, software patches and upgrades, and phased equipment upgrades at the Southeast and Oceanside Water Pollution Control Plants. (Prather)
REGULAR CALENDAR
8. Award a five-year lease, with one four-year extension term option, to C5 Children’s School for the childcare center premises at 525 Golden Gate Avenue in San Francisco for an annual $1 rent. (Flynn)
9. Adopt findings declaring as “exempt surplus land” and “surplus land” approximately 67,802 square feet of real property designated as San Mateo County Assessor’s Parcel Numbers 093- 340-060 and 093-340-020 and also designated as SFPUC Parcel No. 9 in San Bruno, California, owned by the City and County of San Francisco, under the jurisdiction of the San Francisco Public Utilities Commission; recommend to the Board of Supervisors the approval of an Agreement for Sale of Real Estate for the sale of Parcel No. 9 to the City of San Bruno for $5,000; and authorize the General Manager to execute the Agreement after approval from the Board of Supervisors and Mayor. (Flynn)
10. Adopt findings declaring as “exempt surplus land” and “surplus land” an approximately 46,097- square-foot portion of San Francisco Public Utilities Commission’s Parcel 21, located in South San Francisco, California, and approve the terms and conditions and authorize the Director of Real Estate to execute a Purchase and Sale Agreement and Quitclaim Deed for the sale of Parcel SFPUC December 10, 2024 Regular Meeting Agenda Page 5 of 8 21 for $132,000 to the City of South San Francisco, following the City’s satisfaction of applicable requirements under the State Surplus Lands Act (California Government Code Section 54220 et seq.), subject to Board of Supervisors’ and Mayor’s approval. (Flynn)
11. Award Contract No. PRO.0205, Water Capital Program Management Contract, to HDR Stantec JVHDR Stantec Joint Venture, to provide program management consulting services to support delivery of the Water Enterprise and Hetch Hetchy Water Capital Improvement Programs and the Water System Improvement Program, for an amount not -to -exceed $80,000,000 and with a duration of 10 years, subject to Board of Supervisors’ approval under San Francisco Charter Section 9.118. (Robinson)
12. Approve an increase of 316 calendar days to the duration contingency for Contract No. WW-697, As-Needed Main Sewer Replacement No. 8, with JDB & Sons Construction, Inc., for a revised duration limit of up to 1,811 consecutive calendar days (approximately five years), with no change to contract amount, to allow the contractor additional time to complete contract service orders previously issued. (Robinson)
13. Approve an increase of 155 calendar days to the duration contingency for Contract No. WW-705, Various Locations Sewer Replacement No. 10, with Mitchell Engineering, for a revised contract duration limit of up to 815 consecutive calendar days (approximately two years and three months), with no change to contract amount, due to project coordination of trenchless work scope and complete remaining work scope on Golden Gate Avenue. (Robinson)
14. Award Contract No. PRO.0302, Meter Maintenance Diagnostics Services, to Olea Networks, Inc., for an amount not-to-exceed $2,400,000 and with a duration of five years, to provide to San Francisco Public Utilities Commission Water Enterprise City Distribution Division professional services to support the Water Loss Reduction Program. (Ritchie)
15. Public hearing to consider and possible action to adopt amended Section G, Cross-Connection Control, of the San Francisco Public Utilities Commission’s Rules and Regulations Governing Water Service to Customers, implementing Article 12A of the San Francisco Health Code, in conformance with the requirements of Charter Section 4.104. (Ritchie)
16. Award Grant Agreement No. CS-1261(G), Ecoliteracy and Career Exposure Partnership Grant, to the San Francisco Unified School District, in an amount not-to-exceed $2,228,775 and with a duration of three years. (Ordikhani)
17. COMMUNICATIONS (information only)
a) Advance Calendar
b) Contract Advertisement Report
c) Correspondence Log
d) Water Supply Conditions Update
e) Annual Water Resources Division Report
f) Annual Water Supply Development Report
g) 2009 Water Supply Agreement Quarterly Update
h) Hetch Hetchy Capital Improvement Program Quarterly Report Q1 i) CleanPowerSF Quarterly Report
j) Quarterly Report to the Board of Supervisors on the Status of Applications to PG&E for Electric Service
k) Net Energy Metering and Shared Renewable Energy Annual Report to the Commission for SFPUC December 10, 2024 Regular Meeting Agenda Page 6 of 8 Fiscal Year 2023-2024
l) Annual Report on Low Carbon Fuel Standard Credit Sales Fund Pursuant to Administrative Code Section 10.100-92
m) Quarterly Report of CAISO charges compared with projections and remaining contract expenditures under Contract No. PRO.0152, Power Scheduling Coordination and Related Support Services, with APX, Inc. [Board of Supervisors Resolution No. 095-23] n) Power Quarterly Report on Delegated Authority Contracts Pursuant to Administrative Code Section 21.43
18. Items initiated by Commissioners (discussion only)
19. Public Comment on the matter to be addressed during Closed Session
20. 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
21. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9(d), Administrative Code §67.10(d):
180 Post Street, LLC v. City and County of San Francisco Unlitigated Claim File No.: 24-02488
Date Filed: June 20, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a water main break with the City to pay 180 Post Street, LLC $66,858.00 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman)
22. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d):
Peter Dumanian v. City and County of San Francisco
Unlitigated Claim File No.: 24-02530
Date Filed: June 24, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a water main break with the City to pay Peter Dumanian $88,000 in exchange for a full and final release, subject to final approval by the Board of Supervisors. (Action Item) (Bregman)
23. CONFERENCE WITH LEGAL COUNSEL regarding anticipated litigation (Government Code §54956.9, Administrative Code §67.10(d):
Joanna Lei v. City and County of San Francisco
Unlitigated Claim File No.: 24-00682
Date Filed: October 8, 2024
Proposed settlement of an unlitigated claim for property damage resulting from a water main break with the City to pay Joanna Lei $35,491 in exchange for a full and final release, subject to SFPUC December 10, 2024 Regular Meeting Agenda Page 7 of 8 final approval by the Board of Supervisors. (Action Item) (Bregman)
24. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (California Government Code, Section 54956.9(d), and San Francisco Administrative Code, Section
67.10(d)):
City and County of San Francisco v. U.S. Environmental Protection Agency (U.S.
Supreme Court, Case No. 23-753, certiorari granted May 28, 2024; City and County of San Francisco v. California State Water Resources Control Board (Alameda Superior Court Case No. RG-19042575, Filed October 30, 2019)
[Discussion Only] (Bregman/Kus)
25. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (California Government Code, Section 54956.9(d), and San Francisco Administrative Code, Section
67.10(d)):
United States, et al. v. City and County of San Francisco (Northern District of California Case No. 24-cv-2594, Filed May 1, 2024) [Discussion Only] (Bregman/Kus)
26. CONFERENCE WITH LEGAL COUNSEL regarding existing litigation (California Government Code, Section 54956.9(d), and San Francisco Administrative Code, Section
67.10(d)):
Consolidated cases under Anthony J. Armstrong et al. v. City & County of San Francisco et al. (S.F. Superior Court Case No. CGC-23-608635, filed August 24, 2023) [Everest National Insurance Co. v. City & County of San Francisco et al. (S.F. Superior Court Case No. CGC-23-608016, filed July 31, 2023); Christopher F. Alioto et al. v. City & County of San Francisco et al. (S.F. Superior Court Case No. CGC-23-608652, filed August 24, 2023); Cincinnati Insurance Co. a/s/o Ron Conway v. City & County of San Francisco et al. (S.F. Superior Court Case No. CGC-24-611633, filed January 12, 2024)] and coordinated cases Michael Rivas et al. v. City & County of San Francisco, S.F.
Superior Court Case No. CGC-23-607963, filed July 28, 2023; John G. Gumas et al. v.
City & County of San Francisco et al., S.F. Superior Court Case No. CGC-24-613190, filed March 18, 2024; Anne Sullivan et al. v. City & County of San Francisco et al., S.F.
Superior Court Case No. CGC-24-613193, filed March 18, 2024. [Discussion Only] (Bregman/Kus)
Following Closed Session, the Commission will reconvene in Open Session
27. Announcement following Closed Session
28. Motion regarding whether to disclose the discussion during Closed Session pursuant to San Francisco Administrative Code Section 67.12(a).
29. Adjournment
SFPUC December 10, 2024 Regular Meeting Agenda Page 8 of 8 San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102