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6/27/06 Agenda SF Public Utilities Commission
Published: 06/23/2006  |  Updated: 06/23/2006
Published By: Commission

AGENDA

Tuesday, June 27, 2006
1:30 P.M.
City Hall, Room 400
1 Dr. Carlton B. Goodlett Place

COMMISSIONERS

The Honorable Richard Sklar, President
The Honorable Ryan L. Brooks, Vice President
The Honorable E. Dennis Normandy
The Honorable Ann Moller Caen
The Honorable Adam Werbach

DEPARTMENTS AND ENTERPRISES

Water Enterprise
Wastewater Enterprise
Power Enterprise
Infrastructure
Business Services
External Affairs

Gavin Newsom
MAYOR
 
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 June 13, 2006, 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. Other Commission Business

7. Report of the General Manager

a) Earth Stewards Program

b) Water System Improvement Program (Irons/Franza) Wastewater 5-Year Capital Improvement Program

c) Wastewater Master Plan Update (Franza)

d) Owner Controlled Insurance Program (Irons)

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: Accept work performed for Water Enterprise A & B Bond-funded Contract No. WD-2413, Sunol Valley Fluoridation Facility; approve Modification No. 6 (Final) for a time extension of 85 consecutive calendar days, for a total contract duration of 305 consecutive calendar days; and authorize final payment, in the amount of $124,627.92 (excluding retention) to Shimmick Construction/NCCI, JV.

b) Staff Recommendation: Accept work performed for Water Enterprise, Water Main Replacement/Retrofit Program-funded Contract No. WD-2433, 42-Inch Ductile Iron Transmission Main in Bowdoin and Bacon Streets, by JMB Construction, Inc.; approve Modification No. 2 decreasing the contract by $62,495, for a total contract amount of $1,325,740, and Modification No. 3 (Final) for 87 non-compensable calendar days time extension for a total contract duration of 287 consecutive calendar days; and authorize final payment of $204,504 to JMB Construction, Inc.

c) Staff Recommendation: Reject the sole bid of A. Ruiz Construction for Water Enterprise, Water Main Replacement/Retrofit Program-funded Contract No. WD-2515, City Distribution Division As-Needed 06/07 Annual Paving, for failing to meet the submitted DBE participation goals of 21.37%; accept staff negotiation with the sole bidder, A. Ruiz Construction for a DBE participation of 18.65% which is acceptable to HRC; and award the contract to the sole bidder, A. Ruiz Construction at the original bid amount of $2,667,600.

REGULAR BUSINESS

10. Discussion and possible action related to the Water Enterprise Environmental Stewardship Policy. (Carlin)

Staff Recommendation: Adopt the Water Enterprise Environmental Stewardship Policy to provide direction for management of SFPUC-owned lands and natural resources affected by operation of the SFPUC water system.

PROFESSIONAL SERVICE CONTRACTS

Amend

11. Discussion and possible action related to amending Agreement No. CS-683, Real Estate/Land Use Negotiation Services. (Dowd)

Staff Recommendation: Approve Amendment No. 2 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, increasing the agreement amount by an additional $100,000 from $800,000 to $900,000, and extending the term of the agreement by twelve months, to June 30, 2007, for a total agreement duration of five and a half years.

12. Discussion and possible action related to amending Agreement No. CS-748C, Planning and Engineering Services, Wastewater Master Plan. (Franza)

Staff Recommendation: Approve Amendment No. 1 to Wastewater Enterprise Master Plan-funded Agreement No. CS-748C, with the Brown & Caldwell, Carollo Engineers, Metcalf & Eddy, Joint Venture to develop a detailed drainage modeling plan and identify long-term strategies for mitigating localized flooding; and authorize the General Manager of Public Utilities to execute this amendment, increasing the agreement by $900,000, for a total agreement amount of $2,650,000 with no time extension.

13. Discussion and possible action related to Agreement No. CS-842, Architectural Design Services, 525 Golden Gate Avenue. (Irons)

Staff Recommendation: Authorize the General Manager of Public Utilities to request the Board of Supervisors to adopt an ordinance waiving the competitive bidding process for the award of this agreement. Subject to Human Rights Commission approval of a sole source waiver, award Agreement No. CS-842 to KMD/Stevens + Associates, a joint venture; to provide design development drawings; and authorize the General Manager to negotiate and execute said agreement with KMD/Stevens + Associates for a dollar amount not to exceed $1,650,000, and with a duration of one year.

CLOSED SESSION

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

15. 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:

16. Threat to Public Services or Facilities – Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(a). (Ambrose)

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

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

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.

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

Existing Litigation: Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket No. ER05-1190-000; Filed July 1, 2005.

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

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

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

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.

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

Existing Litigation: Daniel McConnell v. City and County of San Francisco United Stated District Court No. C05-4178 MHP, Filed October 14, 2005

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

Existing Litigation: Joseph Concepcion Claim Number 06-01261, Filed November 23, 2005

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

Pending Litigation: San Francisco Bay Area Rapid Transit v. City and County of San Francisco, Case No. HG 03099024.

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

Existing Litigation: Proposed settlement agreement in the matter of Alameda County Flood Control & Water Conservation District v. City and County of San Francisco, Superior Court, Case No. 06-506443.

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

25. Announcement following Closed Session.

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

ADJOURNMENT 






 
 
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