Published By: Commission
AGENDA COMMISSIONERS
The Honorable Richard Sklar, President DEPARTMENTS AND ENTERPRISES
Water Enterprise Gavin Newsom Michael Housh
Tuesday, January 23, 2007
11:30 A.M.
NOTE DIFFERENT START TIME
City Hall, Room 400
1 Dr. Carlton B. Goodlett Place
The Honorable Ryan L. Brooks, Vice President
The Honorable E. Dennis Normandy
The Honorable Ann Moller Caen
The Honorable Adam Werbach
Wastewater Enterprise
Power Enterprise
Infrastructure
Business Services
External Affairs
MAYOR
Susan Leal
GENERAL MANAGER
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 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
3. Discussion and possible action relating to the election of President and Vice President.
4. Approval of Minutes
a) Minutes of the January 9, 2007, Regular 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.
PUBLIC HEARING
6. Public Hearing to consider budget proposals for the Operating and Capital Budgets for the enterprises and bureaus under the jurisdiction of the San Francisco Public Utilities Commission for FY 2007-2008. (Persons who are unable to attend the public hearings may submit to the City, 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 a part of the official public record. Written comments can be sent to: Michael Housh, Commission Secretary, San Francisco Public Utilities Commission, 1155 Market Street, 11th Floor, San Francisco, CA 94103.
Staff Recommendation: For discussion only. This item is proposed for continuance to January 25, 2007, at 11:30 A.M. (1155 Market Street, Room 402); January 29, 2007, at 11:30 A.M. (1155 Market Street, Room 402) and February 6, 2007, at 11:30 A.M. (1155 Market Street, Room 402.)
At 1:30 P.M. following the 1st FY 2007-2008 San Francisco Public Utilities Commission Budget Hearing the regular business of the Commission will be taken up.
7. Communications
8. Other Commission Business
9. Report of the General Manager
a) Water System Improvement Program/Capital Programs (Irons)
b) Update Energy efficiency project with the Port of San Francisco (Hale)
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
10. Discussion and possible action to approve a San Francisco Public Utilities Commission Policy concerning media communications.
Staff Recommendation: The San Francisco Public Utilities Commission intends to establish policy regarding media communications in certain circumstances; now, therefore, be it resolved, it shall be the policy of the San Francisco Public Utilities Commission that no press advisory be released nor press conference be initiated concerning an action pending before the Commission within an ensuing 30-day period without prior advice of such action to the President of the Commission; and, be it further resolved, that the requirements of this policy notwithstanding, the General Manager may issue statements and initiate or participate in press conferences relating to matters within the jurisdiction of the Public Utilities Commission and consistent with the Charter authority of the General Manager as the General Manager deems appropriate without such prior consultation.
11. Discussion and possible action related to approve No. CS-802A, Environmental Analysis Services – Cross Connection Controls. (Torrey)
Staff Recommendation: Approve Amendment No. 1 to Water Enterprise Water System Improvement Program-funded Agreement No. CS-802A, Environmental Analysis Services – Cross Connection Controls, with SRT Consultants to provide environmental document scoping, environmental field studies and alternatives analysis, and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment increasing the agreement by $200,000, for a total agreement amount of $600,000.
REAL PROPERTY TRANSACTIONS
12. Discussion and possible action related to adoption of the Revised Right of Way Encroachment Removal Policy. (Dowd)
Staff Recommendation: Adopt amendments to the existing Right of Way Encroachment Removal Policy; and direct staff to integrate this revised Policy into its management, planning, and operation of the SFPUC system.
CONSTRUCTION CONTRACTS
Award
13. Discussion and possible action related to award Contract No. HH-923, (Job Order Contract) Pipeline Repair and Associated General Engineering and Construction Services, San Joaquin Region. (Fine)
Staff Recommendation: Approve the plans and specifications and award Water System Improvement Program-funded Contract No. HH-923, (Job Order Contract) Pipeline Repair and Associated General Engineering and Construction Services, San Joaquin Region, in the amount of $3 million and with a duration of two years (with an additional one-year option period and with an additional $1.5 million pending Commission approval, for a total potential contract amount of $4.5 million), to the lowest, qualified, responsible and responsive bidder, Sierra Mountain Construction.
14. Discussion and possible action related to Contract No. WD-2534, (Job Order Contract) General Construction Services, San Francisco/Peninsula. (Fine)
Staff Recommendation: Approve the plans and specifications and award Enterprise-funded Contract No. WD-2534, (Job Order Contract) General Construction Services, San Francisco/Peninsula, in the amount of $3 million and with a duration of two years, to the lowest, qualified, responsible and responsive bidder, Power Engineering Contractors, Inc.
15. Discussion and possible action related to Contract No. WD-2533, (Job Order Contract) General Construction Services, San Francisco/Peninsula. (Fine)
Staff Recommendation: Approve the plans and specifications and award Enterprise-funded Contract No. WD-2533, (Job Order Contract) General Construction Services, San Francisco/Peninsula, in the amount of $3 million and with a duration of two years, to the lowest, qualified, responsible and responsive bidder, Yerba Buena Engineering.
PROFESSIONAL SERVICE CONTRACTS
Award
16. Discussion and possible action related to approval of Amendment No. 1 to Agreement Nos. CS-729A and CS-729B, Financial Advisory Services, with, respectively, Montague DeRose & Associates, LLC, and Kitahata & Company. (Ostberg)
Staff Recommendation: Approve Amendment No. 1 to Agreement Nos. CS-729A and CS-729B, Financial Advisory Services, with, respectively, Montague DeRose & Associates, LLC, and Kitahata & Company to exercise the optional two-year renewal of the contract after the first three years; and authorize the General Manager of the San Francisco Public Utilities Commission to execute these amendments, increasing each agreement by $350,000, for a total aggregate amount of $850,000, and with a time extension of 730 consecutive calendar days, for a total agreement duration of five (5) years for each agreement.
17. Discussion and possible action related to approve Agreement No.CS-851, the selection of Federal Legislative Representation and Advocacy Services for the San Francisco Public Utilities Commission (SFPUC). (Spanjian)
Staff Recommendation: Approve the selection of Daryl Owen Associates; award General Manager’s Office Budget-funded Agreement No. CS-851, Federal Legislative Representation and Advocacy Services, to provide federal legislative representation and advocacy services for the San Francisco Public Utilities Commission; and authorize the General Manager to negotiate and execute a professional services agreement for an amount not to exceed $250,000 per year for three years with an option to extend the agreement for two additional years at the Commission’s discretion.
CLOSED SESSION
18. Public comments on matters to be discussed in Closed Session.
19. 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:
20. 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.
21. 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.
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, Federal Energy Regulatory Commission, Docket No. ER00-565-018, et al.; Filed November 1999.
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 v. City and County of San Francisco; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 2005.
24. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (c) (Mueller)
Anticipated Litigation: As Plaintiff
25. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(b)(c). (Ambrose)
Anticipated Litigation: As Plaintiff
26. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (c) (Ambrose)
Anticipated Litigation: As Defendant
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
27. Announcement following Closed Session.
28. Motion regarding whether to disclose the discussions during Closed Session.
ADJOURNMENT



