Gavin Newsom

MAYOR

AGENDA

SPECIAL MEETING

Tuesday, January 10, 2005
11:30 A.M.
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

SPECIAL ORDER OF BUSINESS

Wastewater Workshop

3. Presentation and discussion of the Wastewater Master Plan. (Franza)

Staff Recommendation: Discussion only. Workshop Three, the last in the series of three Wastewater Master Plan (WWMP) Workshops. An update on WWMP public outreach efforts, including findings from the public focus groups and survey, will be presented. Workshop Three will also review the WWMP approach, levels of service, and evaluation criteria. Examples of potential concepts and alternatives will be discussed.

4. Approval of Minutes

a) Minutes of the November 29, 2005, Regular Meeting (Continued from the Meeting of December 13, 2005)

b) Minutes of the December 13, 2005, Special Meeting

5. 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.

6. Communications

7. Commissioners’ Questions and Matters

    a) Old/Ongoing Business by Commissioners

    b) Introduction of New Business by Commissioners

    c) Commission Business

8. Report of the General Manager

    a) Association of Energy Engineers Bay Area Chapter Energy Efficiency Award(Franza/Hale)

    b) Water System Improvement Program Update (Irons)

    c) Wastewater Capital Improvement Program Update (Franza)

    d) Fiscal Year 2006/2007 Budget (MacDonald)

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: Approve the commencement of work under Phase 2, for an amount not to exceed $343,114, of Agreement No. CS-772B, Environmental Services, Crystal Springs Pipeline No. 2 Replacement, previously awarded to Ecology and Environment, Inc./Ward Planning & Environmental LLC/BMS Design Group Joint Venture to provide specialized environmental analysis.

b) Staff Recommendation: Accept work performed for Contract No. CW-376R, Sewer Cleaning – 17th Street, Treat Avenue and Harrison Street Sewers, for a total contract amount of $443,750, and authorize final payment, in the amount of $44,374, to Proven Management.

c) Staff Recommendation: Approve Amendment No. 2 to Agreement No. CS-818, Hauling Services, Biosolids and Grit, with Sunset Scavenger Company to truck biosolids to disposal/reuse sites, and authorize the General Manager of Public Utilities to execute Amendment No. 2, increasing the agreement by $900,000, for a total agreement amount of $8,500,000, and with a time extension of 180 consecutive calendar days, for a total agreement duration of 1,641 consecutive calendar days.

d) Staff Recommendation: Ratify the Declaration of Emergency made by the General Manager of Public Utilities, dated December 1, 2005, and approved by the President of the Commission, to replace existing sewer at Annie Street from Jessie to Stevenson Streets. Engineer’s estimate: $101,725.

REGULAR BUSINESS

10. Discussion and possible action related to budget supplemental appropriation for funding professional services related to securing electric and other related services. (Hale)

Staff Recommendation: Authorize the General Manager of Public Utilities to seek approval of the Mayor and the Board of Supervisors to supplement by $4.1 million the spending authority of the Power Enterprise to fund City Attorney and Outside Counsel and Professional and Specialized Services related to securing electric transmission services, electric distribution services, and other related services.

11. Discussion and possible action related to budget supplemental appropriation for services related to Treasure Island/Yerba Buena Island. (Hale)

Staff Recommendation: Authorize the General Manager of Public Utilities to seek approval of the Mayor and the Board of Supervisors to supplement by $1.44 million the spending authority of the SFPUC to fund costs related to providing utility services to Treasure Island/Yerba Buena Island residents and businesses.

12. Discussion and possible action related to Agreement No. DB-103, Solar Photovoltaic Installation. (Hale)

Staff Recommendation: Award Agreement No. DB-103, located at Pier 96, a design-build agreement (DBA) for turnkey design and construction, to IMR Roofing, for an amount not to exceed $2,100,000 over the life of the project; authorize the General Manager of Public Utilities to notify the Board of Supervisors of this DBA, and to negotiate and execute said agreement.

REAL PROPERTY TRANSACTIONS

13. Discussion and possible action related to a Memorandum of Understanding with the San Francisco Port Authority for the use of stringer space at Pier 96 for generating electricity. (Hale)

Staff Recommendation: Approve the terms and conditions of a Memorandum of Understanding (MOU) with the San Francisco Port Authority for the use of stringer space at Pier 96 to accommodate a photovoltaic system used to generate electricity; and authorize the General Manager of Public Utilities to execute said MOU.

14. Discussion and possible action related to a lease for office space located at 1145 Market Street. (Dowd)

Staff Recommendation: Approve the terms and conditions and authorize the General Manager of Public Utilities to execute a two year and three month lease, and one five year extension, for office space located at 1145 Market Street comprising approximately 3,750 square feet on the 4th floor; approve initiating, at the expense of the SFPUC, certain tenant improvements on the 4th floor of 1145 Market Street at a cost not to exceed $200,004.11; and authorize and direct the Director of Property to execute said lease.

15. Discussion and possible action related to executing a Water Supply Line Relocation Agreement with the San Francisco Community College District. (Dowd)

Staff Recommendation: Authorize the General Manager of Public Utilities to execute a Water Supply Line Relocation Agreement with the San Francisco Community College District, to accommodate a new 150,000 square foot physical education facility on that southeast corner of its Ocean Avenue Campus at 50 Phelan Avenue in San Francisco.

16. Discussion and possible action related to executing a Water Supply Line Relocation Agreement with Mills-Peninsula Health Services. (Dowd)

Staff Recommendation: Authorize the General Manager of Public Utilities to execute a Water Supply Line Relocation Agreement with Mills-Peninsula Health Services, a California non-profit corporation, to accommodate a replacement hospital project.

CONSTRUCTION CONTRACTS

Award

17. Discussion and possible action related to WD-2467, Key Motorized Valves, Phase 2. (Fung)

Staff Recommendation: Award Contract No. WD-2467, in the amount of $8,324,442, to JMB Construction.

PROFESSIONAL SERVICE CONTRACTS

Advertise

18. Discussion and possible action related to Agreement No. CS-807, Document Preparation Services, Job Order Contracting. (Fine)

Staff Recommendation: Authorize the General Manager of Public Utilities to advertise for Agreement No. CS-807, receive and evaluate proposals for best qualified consulting firm to provide contract documents and implementation support for a job order contracting system for the SFPUC, for a percentage of the dollar amount of JOC task orders awarded by SFPUC, for a period of three years with two one-year options; negotiate a professional services agreement; and return to the Commission for award.

Award

19. 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, November 29, and December 13, 2005) (Fine)

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.

Amend

20. Discussion and possible action related to amending Agreement No. CS-524, Program Management Services. (Irons)

Staff Recommendation: Approve Amendment No. 7 to Agreement No. CS-524; authorize the General Manager of Public Utilities to pay performance fees for Contract Year No. 4 and Year 5, and the payment for the final closeout of the agreement to the Water Infrastructure Partners for an amount not to exceed $734,670; to extend the contract by six months to June 30, 2006 for a total agreement duration of five years and nine months to complete closeout activities; to submit this request for payment of performance fees to the Board of Supervisors for approval; and to close out the contract.

21. Discussion and possible action related to amending Agreement No. CS-687, As-Needed Training and Team Building Services. (Franza)

Staff Recommendation: Approve Amendment No. 2 to Agreement No. CS-687, with Boss Effectiveness Institute to provide management and performance training for the Wastewater Enterprise, and authorize the General Manager of Public Utilities to execute this amendment increasing the agreement by $35, 000, for a total budgeted amount of $195,000, and with a time extension of one year for a total agreement duration of four years.

22. Discussion and possible action related to amending Agreement No. CS-723, Legislative Representation and Advocacy Services. (Spanjian)

Staff Recommendation: Approve Amendment No. 2 to Agreement No. CS-723, with Edelstein and Gilbert, authorizing the General Manager of Public Utilities to exercise the option to extend the agreement by 365 consecutive calendar days for a total duration of 1,095 consecutive calendar days, and for an amount not to exceed $150,000, with a total agreement amount not to exceed $450,000.

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). (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). (Clayton)

Existing Litigation: Remo Imbimbo & Mercury Insurance Co. vs. The City & County of San Francisco, Case No. 06-00392 Filed August 11, 2005

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: Maria Castillo, et al vs. City and County of San Francisco San Francisco Superior Court No. 437-830 Filed January 18, 2005

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

Existing Litigation: Calpine Corporation, et al. United States Bankruptcy Court, Southern District of New York; Filed December 20, 2005

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

* * * * * * * * * * * *

NOTICE OF PUBLIC HEARING

The San Francisco Public Utilities Commission has posted a "Project Labor Agreement Evaluation for the Water System Improvement Program” and will conduct a public hearing as part of their regularly scheduled meeting at 1:30 P.M. on Tuesday, January 24, 2005, for the purpose of considering the pros and cons of entering into project labor agreements as tools to successfully construct the WSIP projects. Discussion and possible action authorizing the General Manager of Public Utilities to enter into negotiations with appropriate craft unions.

The “Project Labor Agreement Evaluation for the Water System Improvement Program” can be accessed at www.sfwater.org or by contacting the Commission Secretary at (415) 554-3165.

All interested parties are invited to attend the public hearing and present their views. Persons who are unable to attend the public hearing may submit to the SFPUC, 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 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. Electronic comments can be transmitted to commissioners@sfwater.org up to 10 A.M. on January 24, 2006.