Published By: Commission
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AGENDA COMMISSIONERS The Honorable Ryan L. Brooks, 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
3. Approval of Minutes
a) Minutes of the February 27, 2007, 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) Kerwin Chan Retirement Resolution
b) Water System Improvement Program/Capital Programs (Irons) Wastewater Plan Updates
c) Rates Update (MacDonald)
d) 525 Golden Gate Update (Irons)
e) Sustainability Plan Update (Spanjian)
f) Renaming the Agency - Discussion and possible action (Spanjian)
8. Bay Area Water Supply & Conservation Agency (BAWSCA) General Manager’s Report
a) Comments from the March 15, 2007 BAWSCA Board meeting.
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 Wastewater Enterprise, Repair and Replacement (R&R) Program-funded Contract No. CW-403 Oceanside Water Pollution Control Plant and Westside Pump Station Electrical Preventive Maintenance, by Electrical Reliability Services, Inc., approve Modification No. 2 (Final), for a time extension of 31 consecutive calendar days for a total contract duration of 106 consecutive calendar days; with a total contract amount of $126,791.32, and authorize final payment, in the amount of $12,679.42, to the contractor.
b) Staff Recommendation: Accept work performed for Wastewater Enterprise 5-year CIP Program-funded Contract No. WW-406, Shotwell and 18th Street Sewer Drainage Improvement, by NTK Construction; approve Modification No. 6 (Final) for a time extension of 29 consecutive calendar days for a total contract duration of 294 consecutive calendar days, and with a total contract amount of $4,955,393.68; and authorize final payment, in the amount of $247,769.68, to the contractor.
c) Staff Recommendation: Accept work performed for the Wastewater Enterprise 5-Year CIP Program-funded Contract No. WW-431, Southeast Water Pollution Control Plant Secondary Clarifier Concrete Coating, by F.D. Thomas Inc.; approve the first and final modification decreasing the contract by $1,045,839, for a total contract amount of $1,443,161, and with a time reduction of 327 consecutive calendar days for a total contract duration of 191 consecutive calendar days; and authorize final payment in the amount of $ 144,316 to the contractor.
d) Staff Recommendation: Accept work performed for Water Enterprise Revenue Program-funded Contract No. WD-2474, Sunol and Niles Dam Removals, by NTK Construction, approve Modification No. 1 (Final) decreasing the contract by $108,283 for a total contract amount of $1,021,517, with a time extension of 21 consecutive calendar days for a total contract duration of 111 consecutive calendar days; and authorize final payment, in the amount of $15,218 and release of retention in the amount of $50,315, to the contractor.
REGULAR
10. Discussion and possible action related to authorize the General Manager to enter into and sign on behalf of the SFPUC, the Water System Improvement Program Project Labor Agreement. Isen)
Staff Recommendation: Approve the staff report recommending acceptance of the Water System Improvement Program Project (WSIP) Labor Agreement; and authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to enter in to and sign, on behalf of the SFPUC, the Water System Improvement Program Project Labor Agreement.
REAL ESTATE
11. Discussion and possible action related to authorize a lease with Sustainable Agriculture Education (SAGE), a non-profit Corporation, located on a portion of Parcel 65 of Alameda County Lands, Sunol, California. (Dowd)
Staff Recommendation: Authorize the General Manager of Public Utilities to execute, on behalf of the City and County of San Francisco, a lease with Sustainable Agriculture Education (SAGE), a non-profit Corporation, for approximately 18 acres of San Francisco Public Utilities Commission (SFPUC) land located on a portion of Parcel 65 of Alameda County Lands, Sunol, California, for the operation of an AgPark.
12. Discussion and possible action related to a lease at1145 Market Street. (Dowd)
Staff Recommendation: Approve the terms and conditions and authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to approve a one year and one month lease renewal with one five (5) year extension option for office space located on the 4th floor at 1145 Market Street, Suite 401 comprising approximately 4,837 square
13. Discussion and possible action related to a lease at 3801 Third Street. (Dowd)
Staff Recommendation: Approve the terms and conditions and authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to approve a five (5) year lease with one four (4) year extension option for office space located at 3801 Third Street, Suite 600, comprising approximately 10,740 square feet.
PROFESSIONAL SERVICE CONTRACTS
Award
14. Discussion and possible action related to CS-846, to provide survey and right of way engineering services for the Water System Improvement Program. (Morelli)
Staff Recommendation: Approve the selection of BKF, Inc.; award Water System Improvement Program-funded Agreement No. CS-846, Right Of Way Engineering and Survey Services, to provide survey and right of way engineering services for the Water System Improvement Program; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with BKF, Inc., for an amount not to exceed $4,000,000 and with a duration of three years.
15. Discussion and possible action related to approve agreement No. CS-847, Right of Way Acquisition Services. (Morelli)
Staff Recommendation: Approve the selection of Associated Right of Way Services (ARWS); award Water System Improvement Program-funded Agreement No. CS-847, Right of Way Acquisition Services, to provide right of way acquisition services; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with ARWS for an amount not to exceed $2,000,000.00 and with a duration of 3 years.
16. Discussion and possible action related to approve agreement No. CS-853, O’Rorke and Associates Social Marketing Services, Biofuel Program. (Harrison)
Staff Recommendation: Approve the selection of O’Rorke and Associates; award Agreement No. CS-853, Social Marketing Services, Biofuel Program to develop a social marketing campaign designed to engage the public to participate in a waste cooking oil recycling program in San Francisco; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with O’Rorke and Associates for an amount not to exceed $500,000, and with a duration of 3 years, 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.
17. Discussion and possible action related to approve agreements No. CS-857A – D, T.D. O’Rourke, Edward J. Cording, Dennis C. McCarry, and International Civil Engineering Consultants, Inc. (Sadden)
Staff Recommendation: Approve the selection of T.D. O’Rourke, Edward J. Cording, Dennis C. McCarry, and International Civil Engineering Consultants, Inc.; award Agreements No. CS-857 A - D, Independent Technical Advisory Services, to provide technical advisory and consultation services for the New Irvington Tunnel Project in specified fields related to the design and construction of tunnels and associated facilities, including tunnel design, construction, cost estimating, and seismology/geology; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with T.D. O’Rourke, Edward J. Cording, Dennis C. McCarry, and International Civil Engineering Consultants, Inc. for an amount of $60,000 for each individual agreement and a total not to exceed $240,000, and with a duration of two years, 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.
Amend
18. Discussion and possible action related to approve Agreement No. CS-687, As Needed Training and Team Building services to Boss Effectiveness Institute (BEI). (Franza)
Staff Recommendation: Approve Amendment No. 3 to Agreement No. CS-687, As-Needed Training and Team Building Services, to Boss Effectiveness Institute (BEI) with consultant Brenda Mabry, to enhance teamwork and cooperation within the Wastewater Enterprise (WWE); and authorize the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute this amendment increasing the agreement by $30, 000, for a total contract amount of $225,000, and with a time extension of 365 consecutive calendar days, for a total agreement duration of 1,825 consecutive calendar days.
19. Discussion and possible action related to approve CS-704, Harry Tracy Water Treatment Plant (HTWTP) Filter Design and Study, with MWH-Lee Joint Venture to authorize Phase 2 Design and Engineering Construction. (Huey)
Staff Recommendation: Approve Amendment No. 1 to Water Enterprise Water System Improvement Program-funded Agreement No. CS-704, Harry Tracy Water Treatment Plant (HTWTP) Filter Design and Study, with MWH-Lee Joint Venture to authorize Phase 2 Design and Engineering Construction Support for the remaining eight filters; and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment increasing the agreement by $624,911, for a total agreement amount of $999,911, and with a time extension of 3 years, for a total agreement duration of 6 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. 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.
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. ER05-1190-000; Filed July 1, 2005.
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, Federal Energy Regulatory Commission, Docket No. ER00-565-018, et al.; Filed November 1999. 26. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1).
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 v. City and County of San Francisco; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 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). (Margolis)
Existing Litigation: Jane Martin et al. v City and County of San Francisco, et al., San Francisco Superior Court No.436930 Filed August 23, 2004.
28. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (b) and San Francisco Administrative Code Section 67.10 (d) (2) (Mueller)
Anticipated Litigation: As Plaintiff.
29. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (b) 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(b). (Ambrose)
Anticipated Litigation:
31. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Haase)
Existing Litigation: Buddy Prieto/Conrad M. Corbett, Esq., Claim Number 07-01892, Filed February 10, 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: Lucas Chow and Veronica Yu, Claim No. 07-00953 Filed October 16, 2006.
33. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Haase)
Existing Litigation: Kathleen McHugh-Holroyd, Claim No. 07-00437 Filed February 10, 2006.
34. 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: CCSF, et al, v A. Ruiz Construction and Assoc., Inc., Superior Court No.438325, Filed January 28, 2005.
35. Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d) (1). (Ammons)
Existing Litigation: Carl Montgomery. v CCSF, et al., San Francisco Superior Court No. 434032, CityLaw File No. 050450 Filed August 23, 2004.
36. Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Norman)
Existing Litigation: Proven Management, Inc.v. CCSF Tuolumne County Superior Court Case No. 51778 Priest Reservoir Bypass Pipeline Project, SFPUC Contract NO. HH-903: and CCSF v. Proven Management, et al. San Francisco County Superior Court – Case No. CGC 05-443632 Baden Valve Lot and Pump Station, SFPUC Contract No. WD-2327 Filed December 15, 2005.
37. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9 (b) and (c) and San Francisco Administrative Code Section 67.10 (d) (2) (Mueller)
Anticipated Litigation: As Plaintiff. and as Defendant
FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.
38. Announcement following Closed Session.
39. Motion regarding whether to disclose the discussions during Closed Session.
ADJOURNMENT
