Published By: Commission
Gavin Newsom
MAYOR
AGENDA
REGULAR MEETING
Tuesday, March 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 Wastewater 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
PUBLIC HEARING
Public Hearing to consider revised Schedules of Sewer Service Charges to be charged by the San Francisco Wastewater/Clean Water Enterprise and to consider revised Schedules of Water Rates and Charges to be charged by the San Francisco Water Enterprise. (Persons who are unable to attend the public hearing may submit to the City, by the time the proceedings begin, written comments regarding the subjects of the hearings. These comments will be brought to the attention of the Commission and will become 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.) (Leal)
3. Discussion and possible action related to revising the Schedules of Water Rates and Charges of the San Francisco Water Enterprise. (Sandler/Elias)
Staff Recommendation: Recommend to the Mayor’s Office schedules of rates, fees and charges for retail water service in San Francisco and suburban areas to be effective with meter readings beginning July 1, 2005 and July 1, 2006.
4. Discussion and possible action related to revising the Schedules of Sewer Service Charges of the San Francisco Wastewater/Clean Water Enterprise. (Sandler/Elias)
Staff Recommendation: Adopt schedules of rates, fees and charges of the San Francisco Public Utilities Commission Wastewater Enterprise for sewer service in San Francisco to be effective with meter readings beginning July 1, 2005 and July 1, 2006.
5. Presentation and discussion related to the Rate Fairness Board’s “Report on Water and Wastewater Service Rates” dated March 2005. (Brown/Ash)
Staff Recommendation: For discussion only.
6. Approval of Minutes
a) Minutes of the March 8, 2005, Regular Meeting
7. 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.
8. Communications
9. Old/Ongoing Business by Commissioners
10. Introduction of New Business by Commissioners
11. Commission Business
12. Report of the General Manager
a) Assembly Bill 1823 Update (Leal)
b) Pacific Gas & Electric Company Bankruptcy Settlement (Hale)
c) Community Choice Aggregation Plan (Hale/Casey)
13. Bay Area Water Supply & Conservation Agency (BAWSCA) General Manager’s Report
a) BAWSCA Update (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.
CONSENT CALENDAR
14. 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: Award Contract No. CW-237, Larkin/Quincy Streets Sewer Replacement and Pavement Renovation, in the amount of $214,000, to K.J. Woods Construction.
b) Staff Recommendation: Award retroactively Professional Services Agreement No. CS-794, Offshore Wave Feasibility Demonstration Project in California, to Electric Power Research Institute; to provide performance and cost evaluation services; and authorize the General Manager of Public Utilities to seek a retroactive sole source waiver and execute the agreement for an amount not to exceed $30,000 and with a duration of three months.
c) Staff Recommendation: Reject all bids for Contract No. WD-2426, La Grande Tank Replacement, and authorize the General Manager of Public Utilities to re-advertise the contract as Contract No. WD-2426R, to receive and evaluate bids; and to return to the Commission with a recommendation for award.
d) Staff Recommendation: Reject all bids for Contract No. WD-2473, Forest Hill Concrete Tank Seismic Retrofit, and authorize the General Manager of Public Utilities to re-advertise the contract as Contract No. WD-2473R, to receive and evaluate bids; and to return to the Commission with a recommendation for award.
REGULAR BUSINESS
15. Discussion and possible action related to appropriation for Water System Improvement Program. (Irons) (Continued from the meeting of March 8, 2005)
Staff Recommendation: Authorize appropriation of $153,981,000 from the 2002 Proposition A Bond Fund for projects in the Water System Improvement Program. This appropriation will be incorporated in the SFPUC FY 2005-2006 Capital Project Budget request approved by the Commission on February 18, 2005.
16. Discussion and possible action related to amending the Water Supply Contract with the California Water Service Company. (Carlin)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute the First Amendment of the Water Supply Contract with the California Water Service Company, Bear Gulch District Service Area, for the purpose of modifying the service area boundary and individual water supply guarantee to include the service area and quantity of water formerly held by the Los Trancos County Water District.
17. Discussion and possible action related to an agreement with Tuolumne County for essential services. (Larramendy)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute an agreement with Tuolumne County for essential services, including sheriff, fire, and ambulance support services, for a period of five years.
18. Discussion and possible action related to a Letter Agreement with the Turlock Irrigation District. (Jurosek)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute an amendment to extend the term of the September 28, 2004 Letter Agreement with Turlock Irrigation District to purchase and sell firm energy until implementation of an Amended and Restated Long Term Power Sales Agreement or April 15, 2005, whichever is earlier.
REAL PROPERTY TRANSACTIONS
19. Discussion and possible action related to the sale of property located in South San Francisco to the Urban Housing Group. (Dowd)
Staff Recommendation: Authorize the General Manager of Public Utilities to request the Director of Property to prepare and submit legislation to the Board of Supervisors to accommodate the direct sale of 207 square feet located at 1410 El Camino Real (portion of parcel number 010-292-260) in South San Francisco to the Urban Housing Group.
CONSTRUCTION CONTRACTS
20. Discussion and possible action related to terminating Contract No. WD-2349R, Thomas Shaft Water Supply Improvement. (Kelly)
Staff Recommendation: Terminate for convenience Contract No. WD-2349R, Thomas Shaft Water Supply Improvement, awarded to Proven Management in the amount of $1,198,785; and authorize the General Manager of Public Utilities to re-advertise the contract, receive and evaluate bids, and to return to the Commission with a recommendation for award.
PROFESSIONAL SERVICE CONTRACTS
Amend
21. Discussion and possible action related to Agreement No. CS-672.D, Recycled Water Master Plan Update. (Carlin)
Staff Recommendation: Approve Amendment No. 3 to Agreement No. CS-672.D, Recycled Water Master Plan Update, dated March 21, 2005, with ESA + Orion, a joint venture, to provide a time extension of nine months, for a total agreement duration of 35 months, and authorize the General Manager of Public Utilities to execute this amendment. The amount of the agreement will not increase, and will remain at $733,000.
CLOSED SESSION
22. Public comments on matters to be discussed in Closed Session.
23. 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:
24. Threat to Public Services or Facilities – Pursuant to Government Code Section 54957 and San Francisco Administrative Code Section 67.10(a). (Clayton)
Consultation with: Agency counsel concerning security of SFPUC Water and Power Systems.
25. Conference with Legal Counsel – Pursuant to Government Code Section 54956.9(b)(3)(A); San Francisco Administrative Code Section 67.10(d)(1): (Roddy/Margolis)
Existing Litigation: San Francisco Unified School District v. City & County of San Francisco; Superior Court, Case No. 436240
26. Conference with Legal Counsel – Pursuant to Government Code Section 54956.9(a) and San Francisco Administrative Code 67.10(d)(1): (Mueller)
Existing Litigation: Pacific Gas & Electric Company v. City & County of San Francisco; Case No. 01-30923-DM U.S. Bankruptcy Court, Northern District of California
27. Conference with Legal Counsel – Pursuant to Government Code Section 54956.9 and San Francisco Administrative Code Section 67.10(d)(2): (Mueller)
Anticipated Litigation: As plaintiff regarding certain claims against Pacific Gas & Electric Company.
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
28. Announcement following Closed Session.
29. Motion regarding whether to disclose the discussions during Closed Session.
ADJOURNMENT
