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 September 12, 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) 9910 Apprenticeship Program (Leal)
b) Water System Improvement Program (WSIP) (Irons)
c) Contracting Process Update (Irons)
d) Regional WSIP Outreach Update (Spanjian)
e) Sunol/Niles Dam Removal (Spanjian)
f) Hunters Point Update (Hale)
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 WSIP and Water Supply and Treatment Division Program-funded Contract No. WD-2489, University Mound Fence Replacement, in the amount of $1,125,020.00, to D’Arcy & Harty Construction, Inc.
b) Staff Recommendation: Award Wastewater Enterprise, Repair and Replacement Program-funded Contract No. WW-397, Water Street/Scotland Street/Via Bufano Sewer Replacement and Pavement Renovation, in the amount of $423,060, to M. Hernandez Construction.
c) Staff Recommendation: Accept work performed for Wastewater Enterprise Capital Improvement Program-funded Contract No. CW-355, Lucerne Drainage Improvements, by Stacy Witbeck/Esquivel, J.V.; approve Modification No. 3 (Final) decreasing the contract by $18,273.10, for a total contract amount of $1,373,572.90, and with a time extension of 101 consecutive calendar days for a total contract duration of 371 consecutive calendar days; and authorize final payment, in the amount of $227,227.65, to the contractor.
REGULAR BUSINESS
10. Discussion and possible action related to a Utility Agreement with the City of Fremont. (Irons)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute a Utility Agreement with the City of Fremont for an amount not to exceed $450,000 and with a total duration of 180 days, which will allow the City of Fremont to construct for the SFPUC a pre-load surcharge berm at the former Irvington Pumping Plant site as part of its Union Pacific Railroad Grade Separation Project.
11. Discussion and possible action related to the establishment of a commercial paper program for the Wastewater Enterprise. (Ostberg)
Staff Recommendation: Approve resolution urging the Board of Supervisors (BOS) to amend San Francisco Administrative Code Chapter 43, Section V to give effect to the provisions of Proposition E; direct the preparation and submission of certificates of an independent engineer and the San Francisco Planning Department to the BOS; urge the BOS to authorize the establishment of a commercial paper program for the Wastewater Enterprise in an amount not to exceed $150,000,000; approve financing documents for a Wastewater Enterprise Commercial Paper Program; and, delegate to the General Manager of Public Utilities, in consultation with the City Attorney, authority to take any and all necessary action expeditious to the establishment of a commercial paper program for the Wastewater Enterprise.
12. Discussion and possible action related to Agreement No. DB-110R, Photovoltaic Plant Systems. (Hale)
Staff Recommendation: Award Mayor’s Energy Conservation Account-funded Agreement No. DB-110R to Stellar Energy Solutions, Inc. to provide the design, construction, and commissioning of an 86.75 kW photovoltaic system at City Distribution Division and a 157 kW system at North Point Wet Weather Facility; and authorize the General Manager of Public Utilities to negotiate and execute a design build agreement for an amount not to exceed $2,968,434.
13. Discussion and possible action related to completing Project No. CUW65404, Central Pump Station Construction. (Irons)
Staff Recommendation: Approve the reallocation of funds, in the amount of $450,000, from Project No. CUW62804 – Lombard Seismic Upgrade, to Project No. CUW65404 – Central Pump Station Construction.
CONSTRUCTION CONTRACTS
Award
14. Discussion and possible action related to Contract No. WD-2406R, Sunset Reservoir North Basin Seismic Retrofit. (Masri)
Staff Recommendation: Reject all bids for Water Enterprise WSIP-funded Contract No. WD-2406, Sunset Reservoir North Basin Seismic Retrofit (Sub Project B); approve the plans and specifications for Contract WD-2406R; and award Contract No. WD-2406R, in the amount of $41,776,700, to Shimmick Construction.
15. Discussion and possible action related to Contract No. WD-2496, McLaren Park Steel Tanks Seismic Upgrade. (Fung)
Staff Recommendation: Award Water Enterprise, WSIP-funded Contract No. WD-2496, in the amount of $6,747,000, to Cal State Constructors, Incorporated.
PROFESSIONAL SERVICE CONTRACTS
Award
16. Discussion and possible action related to Agreement No. CS-838, Watershed Planning Services, Lake Merced. (Carlin)
Staff Recommendation: Award Water Enterprise-funded Agreement No. CS-838 to Wallace, Roberts and Todd (WRT) to provide watershed planning and public engagement services; and authorize the General Manager of Public Utilities to negotiate and execute said professional services agreement for an amount not to exceed $350,000, and with a duration of 24 months, or in the event negotiations are not successful or City requirements are not satisfied, to negotiate and execute a professional services agreement with the next highest ranked proposer.
CLOSED SESSION
17. Public comments on matters to be discussed in Closed Session.
18. 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:
19. 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.
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: MB Construction v. Transdyn/Cresci Joint Venture, et. al. SCADA Cases: Alameda County Superior Court Judicial Council Coordination Proceeding No. 4364.
21. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Jensen)
Existing Litigation: San Francisco Bay Area Rapid Transit District v. City and County of San Francisco, Alameda Superior Court Case No. HG03099024.
22. 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.
23. 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.
24. 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.
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; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 2005.
26. 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
27. 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: Barbara Daniels Claim No. 07-00612; Filed September 12, 2006
28. 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: Barbara and Kenneth Lotney Claim No. 06-03271; Filed June 12, 2006
29. 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: Consuelo Lopez Mora Claim No. 06-03161; Filed: June 5, 2006
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: Sofiya Rakhlin Claim No. 05-3775; Filed May 5, 2005
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: San Francisco Housing Authority Claim No. 07-00357 / 06W6075-1; Filed August 11, 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: Richard K. Stevens Claim No. 07-00655, Filed Septembert 15, 2006
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
