Published By: Commission
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AGENDA COMMISSIONERS The Honorable Richard Sklar, President |
DEPARTMENTS AND ENTERPRISES Water Enterprise Gavin Newsom Michael Housh |
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 Michael Housh 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
CLOSED SESSION
3. Public comments on matters to be discussed in Closed Session.
4. 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:
5. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(b)(c). (Bregman))
Existing Litigation: Mitchell Engineering/J. Fletcher Creamer & Son, Inc. v. City and County of San Francisco; San Joaquin Superior Court Case No. CV026863; Filed July 6, 2005.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (c) (Mueller)
Anticipated Litigation: As Plantiff
12. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: 24th Ave. and El Camino Del Mar (Billman Property) Parties Negotiating: SFPUC – Dowd Karen Lum, Zelko and Rene Simoni
Under Negotiation: Price and Terms
13. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: South San Francisco, r/w located at Chestnut and El Camino pending exchange with PetroBrav. Parties Negotiating: SFPUC – Dowd PetroBrav
Under Negotiation: Price and Terms
14. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: South San Francisco, 8.7-acre site located near the north corner of El Camino Real and Chestnut Street as well as r/w remnants. Parties Negotiating: SFPUC - Dowd City of South San Francisco
Under Negotiation: Price and Terms
15. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2). (Dowd)
Property: Mountain View, portion of BDPL 3 and 4, parcels 189, 190, 191 and 192, located between Whisman Road and Tyrella Avenue. Parties Negotiating: SFPUC - Dowd MasterDevCo, aka KMJ Urban Communities
Under Negotiation: Price and Terms
16. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: Fremont, Niles Reservoir between Canyon Heights Road and Deer Road near Niles Canyon, approximately 7.5 acres. Parties Negotiating: SFPUC - Dowd Greenbriar Homes
Under Negotiation: Terms and conditions
17. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: Sunnyvale, two residential lots (approximately 6000 sq. ft. each) located adjacent to SFPUC r/w off Manzano Way. Parties Negotiating: SFPUC – Dowd Alex Tse
Under Negotiation: Price and Terms
18. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: 425 Mason Street Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
19. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: 849 Cesar Chavez St., San Francisco (former railroad r/w) Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
20. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: Reis Tract Lots - Visitacion Valley Parties Negotiating: SFPUC – Dowd Rec/Park Dept. jurisdictional transfer
Under Negotiation: Price and Terms
21. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: SFPUC r/w located in San Bruno currently under lease to Artichoke Joes Casino Parties Negotiating: SFPUC – Dowd Artichoke Joes Casino
Under Negotiation: Price and Terms
22. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: SFPUC r/w off Helen Drive, Millbrae Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
23. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: Balboa Reservoir Parties Negotiating: SFPUC – Dowd San Francisco City College
Under Negotiation: Terms
24. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: 17th and Folsom, San Francisco Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
25. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: Laguna Honda Tract at 7th and Lawton, San Francisco Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
26. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: SFPUC r/w California Dr. Burlingame Calif. Parties Negotiating: SFPUC – Dowd City of Burlingame
Under Negotiation: Price and Terms
27. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: College Hill Reservoir, two residential lots Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
28. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: SFPUC r/w at Putnam and Crescent, San Francisco Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
29. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2): (Dowd)
Property: SFPUC r/w running between Bridgeview and Maddux, San Francisco Parties Negotiating: SFPUC – Dowd Respondents to proposed solicitation
Under Negotiation: Price and Terms
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: Schram Construction, Inc.’s Unlitigated Government Claim #06-033356 and PUC Contract 263R2; Filed June 22, 2006
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
31. Announcement following Closed Session.
32. Motion regarding whether to disclose the discussions during Closed Session.
33. Approval of Minutes
a) Minutes of the September 26, 2006, Regular Meeting
b) Minutes of the October 10, 2006, Regular Meeting
34. 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.
35. Communications
36. Other Commission Business
37. Report of the General Manager
a) Water System Improvement Program (Irons)
b) Federal Legislative Update (Spanjian/Owen)
c) Wi-Fi Pole Cost (Hale)
38. 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.
REGULAR BUSINESS
39. Discussion and possible action related to adoption of the policy that priority water and sewer service be provided in accordance with California Government Code Section 65589.7 and Water Code Section 10631.1, as amended by California Senate Bill 1087.( (Carlin) Staff Recommendation: Approve adoption of the policy that priority water and sewer service be provided to new developments within the SFPUC retail service area that include affordable housing units, in accordance with California Government Code Section 65589.7 and Water Code Section 10631.1, as amended by California Senate Bill 1087.
REAL PROPERTY TRANSACTIONS
40. Discussion and possible action related to approve the terms and conditions of the two and a half year (2 ½ year) lease extension with Clemco Properties, LLC for 1657 Rollins Road, Burlingame, CA. (Dowd)
Staff Recommendation: Ratify, approve and authorize all actions heretofore taken by any City official in connection with this agreement; approve the terms and conditions of a two and a half year (2 ½ year) lease extension for 1657 Rollins Road, Burlingame, CA with Clemco Properties, LLC, as lessor, 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.
41. Discussion and possible action to ratify approve and authorize Lease Amendment No. 1 with Clemco Properties, LLC for 1657 Rollins Road, Burlingame, CA. (Dowd)
Staff Recommendation: Ratify, approve and authorize all actions heretofore taken by any City official in connection with this agreement; authorize and direct the General Manager of the San Francisco Public Utilities Commission to enter into Lease Amendment No. 1 for 1657 Rollins Road, Burlingame, CA with Clemco Properties, LLC, as lessor, 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.
PROFESSIONAL SERVICE CONTRACTS
Award
42. Discussion and possible action related to award Mayor’s Energy Conservation Account-funded Agreement No. CS-823 to approving Agreement No. to Newcomb/Anderson/McCormick, AEPC Group LLC, and EMCOR. (Hale)
Staff Recommendation: Approve the selection of Newcomb/Anderson/McCormick, AEPC Group LLC, and EMCOR; award Mayor’s Energy Conservation Account-funded Agreement No. CS-823, Comprehensive Technical Services for Renewable & Advanced Energy Generation Systems, to assist with the evaluation, project development, permitting, project implementation and construction support of renewable and advanced energy generation technologies and projects; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute three professional services agreements with Newcomb/Anderson/McCormick, AEPC Group LLC, and EMCOR with a not-to-exceed budgeted amount of $3,300,000 each and a total aggregate amount not to exceed $9,900,000, and with a duration of five years, with two possible one-year extensions, 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.
43. Discussion and possible action related to Agreement No. CS-849, Wastewater Enterprise FOG Biofuel Program-funded, Waste Cooking Oil/Biodiesel Conversion Services. (Harrison)
Staff Recommendation: Award Wastewater Enterprise FOG Biofuel Program-funded Agreement No. CS-849, Waste Cooking Oil/Biodiesel Conversion Services, to provide technical support to the SFPUC Biofuel program established to collect and transfer waste cooking oil and grease for conversion to biodiesel for use in the SFPUC fleet; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with Biosolar Group, following approval by the Civil Service Commission, for an amount not to exceed $220,000, and with a duration of 3 years.
ADJOURNMENT
