Published By: Commission
Gavin Newsom
MAYOR
AGENDA
REGULAR MEETING
Tuesday, February 22, 2005
1:30 P.M.
City Hall, Room 400
Dr. Carlton B. Goodlett Place
COMMISSIONERS
The Honorable Richard Sklar, President
The Honorable Ann Moller Caen, Vice President
The Honorable E. Dennis Normandy
The Honorable Adam Werbach
The Honorable Ryan L. Brooks
| DEPARTMENTS Water Department City Distribution Division Water Supply & Treatment Hetch Hetchy Water & Power Clean Water Program Water Pollution Control |
BUREAUS Customer Service Environmental Regulation & Management Financial Services Human Resource Services Information Technology Services Infrastructure Division Real Estate Services Strategic & Systems Planning Water Quality |
Susan Leal
GENERAL MANAGER
Mary Y. Jung
SECRETARY
Disability Access
The Public Utilities Commission meeting will be held in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA. The Commission meeting room is wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #47 Van Ness, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.
The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week: For American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact Mary Y. Jung at (415) 554-3165 or our TTY at (415) 554-3488 to make arrangements for the accommodation. Late requests will be honored, if possible.
In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals. Individuals with chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-6060.
Know your rights under the Sunshine Ordinance
(Chapter 67 of the San Francisco Administrative Code)
Government’s duty is to serve the public, reaching its decisions 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 the Sunshine Ordinance Task Force, City Hall, Room 409, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683 at Phone No.: (415) 554-7724; Fax No.: (415) 554-7854; E-mail: sotf@sfgov.org. 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 www.sfgov.org.
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
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 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site at www.sfgov.org/ethics.
ORDER OF BUSINESS:
1. Call to Order
2. Roll Call
3. Approval of Minutes
a) Minutes of the January 25, 2005, Regular Meeting (Continued from the meeting of February 8, 2005)
b) Minutes of the January 27-28, 2005, Special Meeting
c) Minutes of the February 2, 2005, Special Meeting
d) Minutes of the February 8, 2005, Regular Meeting
4. Public Comments
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. Communications
6. Old/Ongoing Business by Commissioners
7. Introduction of New Business by Commissioners
8. Commission Business
9. Report of the General Manager
a) Sewer Flooding Project (A. Lee)
b) Community Choice Aggregation Implementation Plan (Hale)
c) Water System Improvement Program Request for Proposals Update (Kelly/Irons)
d) Reorganization (Leal) (Continued from the meeting of February 8, 2005)
10. Bay Area Water Supply & Conservation Agency General Manager’s Report
a) Water System Improvement Program Issues (Jensen)
THE FOLLOWING MATTERS BEFORE THE PUBLIC UTILITIES COMMISSION ARE RECOMMENDED FOR ACTION AS STATED, BY THE GENERAL MANAGER OF PUBLIC UTILITIES AND CITY ATTORNEY WHERE APPLICABLE.
Explanatory documents that have been provided to the Commission in connection with this agenda are available for public inspection and copying at the office of the Commission Secretary, 1155 Market Street, 11th Floor, San Francisco, CA 94103, Telephone: (415) 554-3165, Fax: (415) 554-3424.
PUBLIC HEARING
11. Public Hearing to consider budget proposals for the Operating and Capital Budgets for the enterprises and bureaus under the jurisdiction of the San Francisco Public Utilities Commission for FY 2005-2006. (Persons who are unable to attend the public hearings may submit to the City, by the time the proceedings begin, written comments regarding the subject of the hearing. These comments will be brought to the attention of the Commission and will become a part of the official public record. Written comments can be sent to: Mary Jung, Commission Secretary, San Francisco Public Utilities Commission, 1155 Market Street, 11th Floor, San Francisco, CA 94103.) (Continued from the meetings of January 25, January 27-28, February 2, February 8, and February 18, 2005.)
Staff Recommendations: a) Adopt the proposed Operating Budgets for the enterprises and bureaus of the Public Utilities Commission for Fiscal Year 2005-2006.
b) Adopt the proposed Capital Improvement Program for
Hetch Hetchy Water & Power, Water, and Waste Water Enterprises for Fiscal Year 2005-2006.
CONSENT CALENDAR
12. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Public Utilities Commission, and will be acted upon by a single vote of the Commission. There will be no separate discussion of these items unless a member of the Commission or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.
a) Staff Recommendation: Commemorate Mr. Leland B. Ling, Jr. for his 36 years of service to the San Francisco Public Utilities Commission upon his retirement.
b) Staff Recommendation: Award Professional Services Agreement No. CS-758, Substitute Letter of Credit Services, Tax-Exempt Commercial Paper Program, to provide a substitute irrevocable letter of credit, to Bank of America N.A.; and authorize the General Manager of Public Utilities to negotiate and execute a letter of credit and reimbursement agreement with Bank of America N.A. for an amount not to exceed $1,125,000, and with a duration of three years, with an option to extend.
c) Staff Recommendation: Accept work performed for Contract No. WD-2452, Tesla Portal Roadway Improvement, for a total contract amount of $253,314, and authorize final payment of $31,182 to Esquival Grading and Paving.
REGULAR BUSINESS
13. Discussion and possible action related to adopting a “Code of Conduct.” (Sklar)
Staff Recommendation: Adopt a “Code of Conduct” governing Commissioners, SFPUC staff and selection committee members and their behavior regarding the awarding of contracts.
14. Discussion and possible action related to supplemental appropriation request for the Water Enterprise. (Carlin)
Staff Recommendation: Approve a supplemental appropriation request in the amount of $2,725,935 to fund salaries and related fringe benefits for the Water Enterprise.
15. Discussion and possible action related to Contract No. CW-353, Oceanside Water Pollution Control Plant Digester Overflow Sludge Hoppers, New Protective Coating. (Franza)
Staff Recommendation: Accept work performed for Contract No. CW-353, for a total contract amount of $111,894.25; approve Modification No. 3, for a time extension of 35 consecutive calendar days and a total contract duration of 310 consecutive calendar days; and authorize final payment of $11,782.27 to Redwood Painting Co., Inc.
16. Discussion and possible action related to extending the term of the Letter Agreement with the Turlock Irrigation District. (Hale)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute an amendment to extend the term of the Letter Agreement with Turlock Irrigation District, dated September 28, 2004, as amended on December 15, 2004, to purchase and sell firm energy until implementation of an Amended and Restated Long Term Power Sales Agreement, or March 25, 2005, whichever is earlier.
REAL PROPERTY TRANSACTIONS
17. Discussion and possible action related to a revocable permit with the City of Milpitas. (Dowd)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute a revocable permit with the City of Milpitas to use approximately five acres of SFPUC land (portion of Bay Division Pipeline Nos. 3 and 4 right of way owned in fee) located near Abel and South Main Streets in Milpitas, CA for public parks and recreational uses for a new housing and commercial development near the Elmwood Rehabilitation Center, known as Terra Serena.
PROFESSIONAL SERVICE CONTRACTS
Award
18. Discussion and possible action related to Agreement No. CS-771, As-Needed Environmental Services for the SFPUC Water System Improvement Program. (Carlin)
Staff Recommendation: Award Professional Services Agreement No. CS-771, to ESA + Orion Joint Venture, CH2MHill, URS/Avila Joint Venture, Tetra Tech / Water Resource Engineering Joint Venture and Baseline; to provide as-needed environmental services through five professional services agreements, for contract amounts not to exceed $950,000 each (and a total budgeted amount not to exceed $4,750,000), and with a contract duration not to exceed three years for each agreement; and authorize the General Manager of Public Utilities to execute said agreements.
CLOSED SESSION
19. Public comments on matters to be discussed in Closed Session.
20. Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.
THE PUBLIC UTILITIES COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS:
21. Threat to Public Services or Facilities – Pursuant to Government Code Section 54957 and Administrative Code Section 67.10(a). (Clayton) (Continued from the meeting of February 8, 2005)
Consultation with: Agency counsel concerning security of SFPUC Water and Power Systems.
22. Conference with Legal Counsel – Pursuant to Government Code Section 54956.9(a) and Administrative Code Section 67.10(d): (Clayton) (Continued from the meeting of February 8, 2005)
Existing Litigation: Paul McAleese
Claim No. 05-01487
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
23. Announcement following Closed Session.
24. Motion regarding whether to disclose the discussions during Closed Session.
ADJOURNMENT
