Published By: Commission
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AGENDA COMMISSIONERS The Honorable Richard Sklar, President |
DEPARTMENTS AND ENTERPRISES Water Enterprise Gavin Newsom Mary Y. Jung |
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 July 11, 2006, Regular Meeting (Continued from the Regular Meeting of August 8, 2006)
b) Minutes of the July 25, 2006, Regular Meeting (Continued from the Regular Meeting of August 8, 2006)
c) Minutes of the August 8, 2006, Special 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) Second Quarter O’Shaughnessy Awards (Leal)
b) Water System Improvement Program (Irons)
c) Wastewater Master Plan Update and 5-Year Capital Improvement Program (Franza/Loiacono)
d) Summary Consulting Report to Revenue Bond Oversight Committee (Ostberg/Sunshine)
e) Legislative Update (Spanjian)
f) Sustainable Water Supply Briefing (Carlin)
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
8. 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 Water Enterprise Hetch Hetchy Repair and Replacement Program-funded Contract No. HH-918, Tuolumne River Channel Improvement, in the amount of $349,600, to On Grade Contracting; and authorize a twenty percent contingency in the amount of $69,920.
b) Staff Recommendation Award Water Enterprise Water Main Replace/Retrofit Program-funded Contract No. WD-2436R, Bernal Heights Pipeline Installation and Powhattan Avenue Improvements, in the amount of $4,478,410, to NTK Construction, Inc.
c) Staff Recommendation Award Water Enterprise Water Main Replace/Retrofit Program-funded Contract No. WD-2460, 6 and 8-Inch Ductile Iron Pipe Main Installation in Church Street, in the amount of $2,337,376, to J. Flores Construction.
d) Staff Recommendation: Accept work performed for Wastewater Enterprise Repair and Replacement Program-funded Contract No. CW-237, Larkin/Quincy Streets Sewer Replacement and Pavement Renovation, by K.J. Woods Construction; approve Modification No. #2 (Final), increasing the contract by $23,894.18, for a total contract amount of $253,554.38, and with a time extension of 260 consecutive calendar days, for a total contract duration of 332 consecutive calendar days; and authorize final payment of $36,394.46 to the contractor.
e) Staff Recommendation: Accept work performed for Wastewater Enterprise 5-year CIP-funded Contract No. CW-388, Mission Street/Foote Avenue Sewer Replacement Project, by Shaw Pipeline Inc; approve Modification No. 1 (Final) decreasing the contract by $100,685, for a total contract amount of $442,525, with a time extension of 41 consecutive calendar days, for a total contract duration of 121 consecutive calendar days; and authorize final payment of $72,875 to the contractor.
f) Staff Recommendation: Accept work performed for Water Enterprise A & B Bond-funded Contract No. WD-2422, Alameda Portals Valve Upgrade, by Pro Ven Management, Inc.; approve Modification No. 3 (Final) increasing the contract by $3,695.63, for a total contract amount of $1,185,191.63; and authorize final payment of $17,057.63 to Pro Ven Management, Inc.
REGULAR BUSINESS
9. Discussion and possible action related to Agreement No. DB-113, Fuel Cell Cogeneration Renewable Energy Plant at the Southeast Water Pollution Control Plant. (Hale)
Staff Recommendation: Award Mayor’s Energy Conservation Account-funded Agreement No. DB-113 to Alliance Power, Inc. to provide the design, construction, and commissioning of a 750 kW molten carbonate fuel cell energy generation plant and a 5-year operations and maintenance contract; and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $2,200,000, and with a duration of six years.
10. Discussion and possible action related to a Memorandum of Agreement with the Bay Area Council of Governments/Regional Water Quality Control Board. (Torrey)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute a Memorandum of Agreement with Bay Area Council of Governments/Regional Water Quality Control Board (RWQCB) which will allow qualified staff at the RWQCB to provide timely review of environmental documents and processing of Water System Improvement Program (WSIP) project applications or requests for permits, certifications, waivers, or other actions or services of the RWQCB for WSIP Projects, for an amount not to exceed $500,000, and with a duration of five years, and a payment of staff, overhead, and reasonable expenses for the services.
11. Discussion and possible action related to accepting a grant from the U.S. Environmental Protection Agency. (Franza)
Staff Recommendation: Authorize the General Manager of Public Utilities to request permission from the Board of Supervisors to accept grant funds totaling $477,900 from the U.S. Environmental Protection Agency through the Department of the Interior, Environment, and Related Agencies Appropriation Act of 2006, with required local matching funds of $391,909 from the Wastewater Enterprise 5-Year CIP-funded Project No. CENMSCIC11, Cesar Chavez Sewer Improvement, and to execute all required documents.
REAL PROPERTY TRANSACTIONS
12. Discussion and possible action related to a lease with New Cingular Wireless. (Dowd)
Staff Recommendation: Authorize all actions heretofore taken by any City official in connection with this agreement to approve the terms and conditions of the 9-year lease, located at 1701 Jerrold Avenue (San Francisco), with New Cingular Wireless as lessee; and authorize the General Manager of Public Utilities to execute said lease, including without limitation, the exhibits, that the General Manager determines, in consultation with the City Attorney are in the best interest of the City, do not increase the rent or otherwise materially increase the obligations or liabilities of the City, are necessary or advisable to effectuate the purposes and intent of the lease or this resolution, and are in compliance with all applicable laws, including the City Charter.
CONSTRUCTION CONTRACTS
13. Discussion and possible action related to Contract No. WW-437, Oceanside Water Pollution Control and Westside Pump Station Bar Screen and Variable Frequency Drive Improvements. (M. Wong)
Staff Recommendation: Approve the plans and specifications, reject the sole bid of Monterey Mechanical Company (MMCo.), approve the revised bid of MMCo., and award Wastewater Enterprise 5-Year CIP-funded Contract No. WW-437, in the amount of $3,048,000, to Monterey Mechanical Company.
PROFESSIONAL SERVICE CONTRACTS
14. Discussion and possible action related to Agreement No. CS-826, Conceptual Engineering Services, Groundwater Conjunctive Use Project. (Bartow)
Staff Recommendation: Award Water Enterprise Water System Improvement Program-funded Agreement No. CS-826 to MWH Americas, Inc. to assist with alternatives analysis and conceptual engineering of the South Westside Groundwater Basin Conjunctive Use Project and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $580,000, and with a duration of 548 consecutive calendar days, or, in the event negotiations are not successful or City requirements are not satisfied, to re-advertise the request for proposals.
15. Discussion and possible action related to Agreement No. CS-835, Letter of Credit Services, Wastewater Tax Exempt Commercial Paper Program. (MacDonald)
Staff Recommendation: Award Wastewater Enterprise 5-Year CIP-funded Agreement No. CS-835 to BNP Paribas to provide an irrevocable letter of credit to support the tax-exempt commercial paper program for the Wastewater Enterprise, and authorize the General Manager of Public Utilities to negotiate and execute said agreement for an amount not to exceed $500,000 per year, and with a duration of five years, or, in the event negotiations are not successful or City requirements are not satisfied, to negotiate and execute said agreement with the next highest ranked proposer.
16. Discussion and possible action related to Agreement Nos. CS-825 A, B, and C, Wastewater As-Needed Specialized Technical Services. (Franza)
Staff Recommendation: Award Agreement Nos. CS-825 A, B, and C to (A) Metcalf & Eddy, Olivia Chen Consultants, Water Resources Engineering Joint Venture; (B) Montgomery Watson Harza Inc.; and (C) RMC Water and Environment Inc. to provide technical assistance on short-term quick turnaround reports, studies, or monitoring for operations needs of Wastewater Enterprise projects; and authorize the General Manager of Public Utilities to negotiate and execute said agreements with the three teams for a total amount not to exceed $3,000,000 ($1,000,000 each), and with a duration of three years, or, in the event negotiations are not successful or City requirements are not satisfied for any one of the teams, to negotiate and execute said agreements with the remaining teams.
17. Discussion and possible action related to Agreement Nos. 837 A, B, C, and D, Water Enterprise As-Needed Specialized Technical Services. (Carlin)
Staff Recommendation: Award Agreement Nos. CS-837 A, B, C, and D to (A) URS Corporation, (B) RMC Water and Environment Inc., (C) Metcalf & Eddy, Olivia Chen Consultants, Water Resources Engineering Joint Venture, and (D) Black & Veatch, Avila & Associates Joint Venture to provide technical assistance on short-term quick turnaround reports, studies, or monitoring for operations needs of Water Enterprise projects; and authorize the General Manager of Public Utilities to negotiate and execute said agreements with the four teams for a total amount not to exceed $6,400,000 ($1,600,000 each), and with a duration of three years, or, in the event negotiations are not successful or City requirements are not satisfied for any one of the teams, to negotiate and execute said agreements with the next highest proposer.
18. Discussion and possible action related to amending Agreement No. CS-742, As Needed Specialized Geotechnical Services. (Kelly)
Staff Recommendation: Approve Amendment No. 1 to specific project-funded Agreement No. CS-742 with Treadwell & Rollo, Arup, MACTEC, and Geotechnical Consultants and authorize the General Manager of Public Utilities to execute said amendment, increasing the agreement with each firm by $300,000, for a total agreement amount of $925,000 per firm (and total budgeted amount not to exceed $3,700,000), and with a time extension of 24 consecutive calendar months, for a total agreement duration of 60 consecutive calendar months.
19. Discussion and possible action related to Agreement Nos. CS-750 A, B, C, D, and E, As-Needed Corrosion Control Services. (Kelly)
Staff Recommendation: Approve Amendment No. 1 to specific project-funded Agreement Nos. CS-750 A and B with Bay Area Coating and KTA-Tator Inc., for specialized as-needed corrosion inspection and testing services; and Agreement Nos. CS-750 C, D, and E with M.J. Schiff, Corrpro Companies, and JDH Corrosion Consultants; and authorize the General Manager of Public Utilities to execute said amendments increasing the agreements with Bay Area Coating and KTA-Tator Inc. by $96,000 for each firm, the agreements with M.J. Schiff and Corrpro Companies by $240,000 each, and the agreement with JDH Corrosion Consultants by $192,000 for a total global Agreement No. CS-750 amount of $2,664,000, and with a time extension with all five firms of two years, for a total agreement duration of five years.
CLOSED SESSION
20. Public comments on matters to be discussed in Closed Session.
21. 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:
22. 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.
23. Public Employee Appointment/Hiring - Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(b). (Continued from the Special Meeting of August 8, 2006)
Position: Administrative Secretary, Public Utilities Commission
24. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Milstein)
Existing Litigation: Abbushi v. City and County of San Francisco, et al Santa Clara Superior Court No. 1-05-CV-049753
25. 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.
26. 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.
27. 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.
28. 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.
29. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(2). (Mueller)
Anticipated Litigation: As Plaintiff
30. 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: Angelo Cerri Claim No. 07-00309/06-W0086-21; Filed August 4, 2006.
31. 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: Ronald P. Belmonte Claim No. 06-02992/06W0086-3; Filed May 19, 2006.
32. 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: Javier M. Lopez & Consuelo Lopez Mora Claim No. 0700329/06-W0086-23-02532 / 06W0049; Filed June 5, 2006.
33. 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: Gil Orozco Claim No. 07-00138/06-W0086-18; Filed July 17, 2006.
34. 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: Rev. Kwong Lam Sik Claim No. 06-03323; Filed June 21, 2006.
35. 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: Arthur & Elena Villegas Claim No. 07-00080/06W0086-17; Filed July 12, 2006.
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
36. Announcement following Closed Session.
37. Motion regarding whether to disclose the discussions during Closed Session.
ADJOURNMENT
