Gavin Newsom

MAYOR

AGENDA

SPECIAL MEETING

Tuesday, December 13, 2005
12:00 Noon
City Hall, Room 400
1 Dr. Carlton B. Goodlett Place
San Francisco, CA

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 AND ENTERPRISES

Water Enterprise
Wastewater Enterprise
Power Enterprise
Infrastructure
Business Services
External Affairs

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 November 8, 2005, Special Meeting (Continued from the Regular Meeting of November 29, 2005)

b) Minutes of the November 29, 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. Commissioners’ Questions and Matters

a) Old/Ongoing Business by Commissioners

b) Introduction of New Business by Commissioners

c) Commission Business

7. Report of the General Manager

a) Water System Improvement Program (Irons)

b) Economic Impact Analysis: Water Supply Reduction (Irons) (Continued from the Regular Meeting of November 29, 2005)

c) Security (Continued from the Regular Meeting of November 29, 2005)

d) Southeast Community Issues (Continued from the Regular Meeting of November 29, 2005)

8. Bay Area Water Supply & Conservation Agency (BAWSCA) General Manager’s Report

a) BAWSCA Update

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 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

9. 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 will be removed from the Consent Calendar and considered as a separate item.

a) Staff Recommendation: Award Contract No. CW-358, Southeast Water Pollution Control Plant Digester Overflow Sludge Hoppers Corrosion Protective Coating, in the amount of $454,000, to LC General Engineering & Construction. (Continued from the Regular Meeting of November 29, 2005)

b) Staff Recommendation: Award Contract No. WW-365, 18th/Texas/Mississippi Streets Sewer Replacement, in the amount of $984,590, to D’Arcy & Harty Construction. (Continued from the Regular Meeting of November 29, 2005)

c) Staff Recommendation: Award Contract No. WW-371, Hunters Point Collection System Odor and Corrosion Control at Griffith Pump Station, in the amount of $361,879, to L.C. General Engineering & Construction, Inc. (Continued from the Regular Meeting of November 29, 2005)

d) Staff Recommendation: Award Contract No. CW-396, 20th Street Pump Station 480V Electrical Service Upgrade, in the amount of $93,000, to MRM Electrical. (Continued from the Regular Meeting of November 29, 2005)

e) Staff Recommendation: Accept work performed for Contract No. WD-2309, Harry Tracy Water Treatment Plant Pre-chlorination System Upgrade, for a total contract amount of $497,900; approve Modification No. 1 (Final), for a time extension of 95 consecutive calendar days and with a total contract duration of 245 consecutive calendar days; and authorize final payment of $73,200 to ProVen Management, Inc.

REGULAR BUSINESS

10. Discussion and possible action related to the issuance of San Francisco Water Revenue Bonds, 2006 Series A and 2006 Refunding Series B. (Continued from the Regular Meeting of November 29, 2005) (MacDonald)

Staff Recommendation: Authorize the issuance of up to $525 million in San Francisco Water Revenue Bonds, 2006 Series A; authorize the issuance of up to $125 million in San Francisco Water Revenue Bonds, 2006 Refunding Series B, subject to the further approval of the Board of Supervisors; and approve the form and authorize the execution and delivery of related documents; delegate to the General Manager of Public Utilities authorization to award each series of bonds to the highest bidder; and authorize the taking of necessary action.

11. Discussion and possible action related to adopting the Final 2005 Urban Water Management Plan. (Carlin/Winnicker)

Staff Recommendation: Adopt the Final 2005 Urban Water Management Plan; authorize the General Manager of Public Utilities to transmit the 2005 Plan update to the State of California Department of Water Resources by December 31, 2005, and to the California State Library within 30 days of adoption; and present the results of Public Opinion Research.

12. Discussion and possible action related to reallocation of budget for electric services. (Hale)

Staff Recommendation: Approve a reallocation request in the amount of $6.25 million to fund costs related to securing electric transmission services, electric distribution services, other related services, and City Attorney services.

13. Discussion and possible action related to “Project Labor Agreement Evaluation for Water System Improvement Program” Report. (Irons)

Staff Recommendation: Post the “Project Labor Agreement Evaluation for WSIP” Report; provide a 30-day comment period for written responses; and conduct a public hearing on January 24, 2006, to accept written and oral public testimony and staff responses.

REAL PROPERTY TRANSACTIONS

14. Discussion and possible action related to the Sunol Valley Aggregate Quarry. (Dowd)

Staff Recommendation: Authorize the General Manager of Public Utilities to advertise and request proposals for the lease of a portion of Parcel 65 of Alameda County Lands in Sunol, California for the continued operation of an existing quarry which, in compliance with the approved Sunol Valley Resources Management Element, will lead to a planned “Chain of Lakes” allowing for additional water storage. The mining activity is authorized under Surface Mining Permit 30 issued by Alameda County.

CONSTRUCTION CONTRACTS

Award

15. Discussion and possible action related to Contract No. WW-406, Shotwell and 18th Streets Sewer Drainage Improvement. (Franza)

Staff Recommendation: Award Contract No. WW-406, in the amount of $4,521,790, to NTK Construction.

PROFESSIONAL SERVICE CONTRACTS

Rescind

16. Discussion and possible action related to Agreement No. CS-771E, As-Needed Environmental Services, San Francisco Water System Improvement Program. (Continued from the Meetings of November 8 and 29, 2005) (Irons)

Staff Recommendation: Rescind award of Agreement No. CS-771E by the Commission on May 10, 2005, per Resolution No. 05-0079 in the amount of $950,000 to CH2MHill due to CH2MHill’s ineligibility because of a conflict of interest resulting from its selection as a consultant for Agreement No. CS-765, Program/Project/Pre-Construction Management Services, San Francisco Water System Improvement Program.

Award

17. Discussion and possible action related to Agreement No. CS-771ER, As Needed Environmental Services, San Francisco Water System Improvement Program. (Continued from the Meetings of November 8 and 29, 2005) (Irons)

Staff Recommendation: Award Agreement No. CS-771ER to RMC and authorize the General Manager of Public Utilities to execute an agreement with RMC for an amount not to exceed $950,000 and with a duration not to exceed three years.

18. Discussion and possible action related to Agreement No. CS-672-K, Environmental Services, Peninsula Watershed Habitat Conservation Plan Environmental Impart Report/Environmental Impact Statement. (Carlin)

Staff Recommendation: Award Agreement No. CS-672K to Jones and Stokes/Robert Group (JSR), to provide environmental documentation services, and authorize the General Manager of Public Utilities to execute an agreement with JSR for an amount not to exceed $265,000, and with a duration of twenty-four consecutive calendar months from the date of Controller certification.

19. Discussion and possible action related to Agreement No. CS-796, Laboratory Analytical Services. (DeGraca)

Staff Recommendation: Award Agreement No. CS-796 to BioVir Laboratories, Inc. to provide compliance and emergency response analytical laboratory services and authorize the General Manager of Public Utilities to execute a professional services agreement with BioVir Laboratories, Inc. for an amount not to exceed $600,000, and with a duration of 3 years.

20. Discussion and possible action related to a contract for Scheduling Coordinator services for hydroelectric generation and third-party purchases. (Hale)

Staff Recommendation: Authorize contract for a two-year Pilot Program that the City and County of San Francisco (CCSF) has negotiated with APX for Scheduling Coordinator services of CCSF’s hydroelectric generation and third party purchases pursuant to the California Independent System Operator’s (CAISO) Tariff. Authorization allows the CCSF to continue to transact its electric operations within the CAISO-controlled grid for electric service to CCSF’s municipal and airport tenants, as well as perform export and import transactions with the Modesto and Turlock Irrigation Districts after those entities leave the CAISO’s control area. This action would impose about $631,600 per year for scheduling coordinator services over a two-year period.

Amend

21. Discussion and possible action related to amending Agreement No. CS-672J, Environmental Services, Alameda Watershed Habitat Conservation Plan Environmental Impact Report/Environmental Impact Statement. (Carlin/Ramirez)

Staff Recommendation: Approve Amendment No. 1 to Agreement No. CS-672J with LSA Associates and authorize the General Manager of Public Utilities to execute this amendment for a time extension of 18 months, with a total agreement duration of 42 consecutive calendar months from the date of Controller certification, and with no cost increase.

22. Discussion and possible action related to CS-683, Real Estate/Land Use Negotiation Services. (Continued from the Regular Meeting of November 29, 2005) (Dowd)

Staff Recommendation: Approve Amendment No. 1 to Agreement No. CS-683 with Wendel, Rosen, Black & Dean LLP to assist SFPUC staff with complex real estate and land use issues and negotiations; and authorize the General Manager of Public Utilities to execute this amendment extending the term of the contract for six months to June 30, 2006. The dollar amount of the contract remains the same.

CLOSED SESSION

23. Public comments on matters to be discussed in Closed Session.

24. 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:

25. Threat to Public Services or Facilities – Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(a). (Continued from the Regular Meeting of November 29, 2005) (Clayton)

Consultation with: Agency Chief of Security concerning security of SFPUC Water and Power Systems.

26. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Continued from the Regular Meeting of November 29, 2005) (Clayton)

Existing Litigation: Frank Euphrate v. City and County of San Francisco San Francisco Superior Court, Case No. 424288 Filed September 10, 2003

27. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Clayton)

Existing Litigation: Allstate Indemnity Company (Youssef Kerba) Claim Number 06-00848 Filed October 7, 2005

28. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Clayton)

Existing Litigation: Mary Williams v. City and County of San Francisco San Francisco Superior Court No. 436-121 Filed November 5, 2004

29. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; U.S. Bankruptcy Court, Northern District of California, Case No. 01-30923-DM; Filed June, 2004

30. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company; Federal Energy Regulatory Commission, Docket No. ER05-1190-000; Filed July 1, 2005.
 
31. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company; Federal Energy Regulatory Commission, Docket No. ER00-565-018, et al.; Filed November 1999

32. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 2005

FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.

33. Announcement following Closed Session.

34. Motion regarding whether to disclose the discussions during Closed Session.

ADJOURNMENT