DEPARTMENT
Wastewater Enterprise & Finance
AGENDA NO.
6a
MEETING DATE
May 26, 2026
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Project Manager: Joel Prather
Approve Amendment to Joint Exercise of Powers Agreement for Sewer Service with the City of Brisbane and Guadalupe Valley Municipal Improvement District
Summary of Proposed
Commission Action:
Approve and Authorize the General Manager to execute the First Amendment to the Joint Exercise of Powers Agreement for Sewer Service with the City of Brisbane and Guadalupe Valley Municipal Improvement Distric t, retroactively increasing the duration of the agreement by the earlier of December 31, 2027, or until the execution of a new long- term agreement , with no other changes to the agreement, subject to Board of Supervisors and Mayor approval.
Background: On July 31, 1995, by Board of Supervisors Resolution No. 560 - 95, the City and County of San Francisco (City) executed the Joint Exercise of Powers Agreement for Sewer Service (JEPA) with the City of Brisbane (Brisbane) and the Guadalupe Valley Municipal Improvement District ( District) for a 30- year non- renewable term.
Pursuant to the JEPA, the San Francisco Public Utilities Commission (SFPUC) provides wastewater treatment and
disposal services to Brisbane and the District. Brisbane and District’s wastewater discharges are collected by their wastewater facilities which then enter SFPUC ’s combined sewer system for treatment and disposal. The JEPA also establishes, among other terms and conditions, calculation and payment of sewer service rates, wastewater discharge limits, and
compliance with federal and state wastewater discharge laws and regulations.
With the JEPA expiring, the SFPUC began negotiations with Brisbane and District to execute a new long- term agreement.
Due to significant updates to calculation of sewer rates; changes in regulatory requirements ; the engagement of City of Daly City and Bayshore Sanitary District in negotiations , both of which also send wastewater to the City’s sewer system for treatment and disposal; and unforeseen administrative delays, the parties were not able to timely execute a new long- term agreement prior to the July 31, 2025, expiration of the JEPA.
Agenda Title: Approve Amendment to Joint Exercise of Powers Agreement for Sewer Service with the City of Brisbane and Guadalupe Valley Municipal Improvement District Commission Meeting Date: May 26, 2026
Since the expiration of the JEPA, the parties have continued to operate under its terms and conditions . To memorialize this approach and ensure continuity of service, SFPUC , Brisbane, and the District desire to retroactively extend the term of the JEPA until the earlier of December 31, 2027, or when a new agreement is executed. No other changes to the JEPA are proposed. The existing agreements with the City of Daly City and the Bayshore Sanitary District have terms that automatically renew and are not expiring at this time.
On May 7, 2026, by Resolution No. 2026- 11, Brisbane’s City Council, and, by Resolution No. 2026- 1, the District’s Board of Directors approved the amendment to extend the term of the JEPA.
Budget & Costs: Pursuant to the JEPA, Brisbane and the District are required to pay the SFPUC for wastewater treatment and disposal services.
Brisbane and the District are also
solely responsible for the
operation and maintenance of their facilities.
Execution of this amendment will ensure the SFPUC continues receiving revenue for providing wastewater treatment and disposal services to Brisbane and the District.
Environmental
Review:
Approval of this amendment to the JEPA does not constitute a project under the California Environmental Quality Act
Guidelines Section 15378 because the amendment will not result in a physical change in the environment.
Attachment: 1. First Amendment to the Joint Exercise of Powers Agreement for Sewer Service with the City of Brisbane
and the Guadalupe Valley Municipal Improvement District
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) has provided wastewater treatment and disposal services to the City of Brisbane (Brisbane) and the Guadalupe Valley Municipal Improvement District (District) pursuant to a July 31, 1995, Joint Exercise of Powers Agreement for Sewer Service (JEPA) as authorized by Board of Supervisors Resolution No. 560-95; and
WHEREAS, Pursuant to the JEPA, Brisbane and the District send their wastewater to SFPUC’s combined sewer system for treatment and disposal; and
WHEREAS, The JEPA also sets , among other conditions and terms, the calculation and payment of sewer service rates, wastewater discharge limits, and compliance with federal and state wastewater discharge laws and regulations; and
WHEREAS, The JEPA became effective on July 31, 1995, with a term of 30 years; and
WHEREAS, The parties continue negotiations to execute a new long- term agreement but due to significant updates to sewer rate calculations, changes in regulatory requirements, the inclusion of City of Daly City and Bayshore Sanitary District in negotiations as both agencies also send wastewater to the SFPUC’s combined sewer system for treatment and disposal, and unforeseen administrative delays, the parties were unable to timely execute a new long-term agreement; and
WHEREAS, The parties continu e to operate under the terms and conditions of the JEPA and, to ensure continuity of service and payments for providing wastewater treatment and disposal services, the parties desire to retroactively extend the term of the JEPA until the earlier of December 31, 2027, or until a new long- term agreement is executed; and
WHEREAS, On May 7, 2026, by Resolution No. 2026- 11, Brisbane’s City Council, and by Resolution No. 2026- 1, the District’s Board of Directors , approved the amendment to extend the JEPA; and
WHEREAS, Approval of this amendment to the JEPA does not constitute a project under the California Environmental Quality Act Guidelines Section 15378 because the amendment will not result in a physical change in the environment ; now therefore, be it,
RESOLVED, That this Commission hereby approves and, upon approval by the Board of Supervisors and Mayor , authorizes the General Manager to execute the First Amendment to the Joint Exercise of Powers Agreement for Sewer Service Between the City and County of San Francisco, the City of Brisbane, and the Guadalupe Valley Municipal Improvement District to retroactively extend the Joint Exercise of Powers Agreement by the earlier of December 31, 2027, or until a new long-term agreement for sewer service is executed by the parties.
I hereby certify that the foregoing resolution was adopted by the San Francisco Public Utilities Commission at its meeting of May 26, 2026.
Director of Commission Affairs
San Francisco Public Utilities Commission
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY AND COUNTY OF SAN FRANCISCO, THE CITY OF BRISBANE, AND THE
GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT
THIS FIRST AMENDMENT (Amendment) to the Joint Exercise of Powers Agreement Between the City and County of San Francisco, the City of Brisbane, and the Guadalupe Valley Municipal Improvement District (Agreement) is entered into as of June ___, 2026, by and between the City and County of San Francisco, acting by and through its Public Utilities Commission (SFPUC), the City of Brisbane (Brisbane), and the Guadalupe Valley Municipal Improvement District (District) (Brisbane and District are collectively referred to as Brisbane/District).
Recitals
A. Pursuant to the Agreement, included as Exhibit A, the SFPUC provides wastewater treatment and disposal services to Brisbane and District for dischargers within their service areas; and B. Brisbane/District’s wastewater discharges are collected by their wastewater facilities which then enter SFPUC’s combined wastewater sewer system for treatment and disposal; and C. The Agreement had a term of 30 years, beginning on July 31, 1995 and expiring on July 31, 2025; and
D. The parties are continuing to operate under the terms and conditions of the Agreement; and E. The parties are currently negotiating a new long-term agreement, including potential changes to wastewater and treatment disposal service rates and regulatory compliance requirements and procedures; and
F. To ensure continuity of service, SFPUC and Brisbane/District desire to extend the term of the Agreement until a new agreement is reached.
NOW, THEREFORE, the parties agree as follows:
1. Term: The term of the Agreement is retroactively extended until the earlier of December 31, 2027, or when a new long-term agreement is executed by the parties.
2. Other Agreement Terms: All other terms of the Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first mentioned above.
[signatures on the following page]
CITY AND COUNTY OF SAN FRANCISCO
_________________________
_________________________
APPROVED AS TO FORM:
David M. Chiu, City Attorney
By: ____________________
Deputy City Attorney
CITY OF BRISBANE
_________________________
_________________________
GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT
_________________________
_________________________
APPROVED AS TO FORM:
By: _______________________
Exhibit A
Joint Exercise of Powers Agreement Between the City and County of San Francisco, the City of Brisbane, and the Guadalupe Valley Municipal Improvement District
[Agreement to be included]