AGENDA REGULAR MEETING Tuesday, September 9, 2008 1:30 P.M. City Hall, Room 400 1 Dr. Carlton B. Goodlett Place COMMISSIONERS The Honorable Ann Moller Caen The Honorable F. X. Crowley The Honorable Francesca Vietor

DEPARTMENTS AND ENTERPRISES Water Enterprise Wastewater Enterprise Power Enterprise Infrastructure Business Services External Affairs Gavin Newsom MAYOR   Ed Harrington GENERAL MANAGER Michael Housh 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 atwww.sfgov.org

1. Administration of the Oath of Office to the new Commissioners

The Honorable Ann Moller Caen

The Honorable F.X. Crowley

The Honorable Francesca Vietor

2. Call to Order

3. Roll Call

4. Discussion and possible action on a Motion to suspend Rule #6 of the Rules of Order of the San Francisco Public Utilities Commission to allow for the election of officers at a duly noticed meeting other than the first regular meeting after the 15th day of January, and, subject to the approval of that Motion, discussion and possible action on the election of the President and Vice President of the Commission. (Ambrose)

5. Discussion of and possible action to revise the Commission’s Rules of Order amending Rule #6 concerning the election of officers to change the date set for the annual election of officers from the first regular meeting after the 15th day of January, to the first regular meeting after the 15th of August to reflect the change in appointment date and terms in office of the San Francisco Public Utilities Commissioners in conformity with those established by Proposition E (June 2008). (Ambrose)

6. Minutes of the July 22, 2008, Regular Meeting

7. 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.

8. Communications

9. Other Commission Business

10. Report of the General Manager

a) Commendation for Greasecycle Program (Moala)

b) Mayor’s Executive Order on Energy Efficiency Update (Hale)

c) 525 Golden Gate Avenue Report (Harrington)

d) Water Conservation Public Service Announcement (Spanjian)

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

11. The San Francisco Public Utilities Commission hereby ratifies the determinations made by the General Manager in approving the following action items:

Resolution No. 08-0143:

Accept work performed for Wastewater Enterprise, Repair and Replacement (R&R) Program-funded Contract No. CW-378; Water Pollution Control Division Elevator Repair and Maintenance, by Thyssenkrupp Elevator Corporation, for a total contract amount of $264,518.31, and authorize final payment, in the amount of $43,321.21, to the contractor.

Resolution No. 08-0144:

Approve Modification No. 6 to CUW260 – Water Enterprise Water Main Replacement/Retrofit Program-funded Contract No. WD-2436R, Bernal Heights Pipeline Installation and Powhattan Ave. Improvements, with NTK Construction Inc., increasing the contract duration by 42 calendar days non-compensable time extension for a total contract duration of 746 consecutive calendar days.

Resolution No. 08-0145:

Approve Modification No. 1 to Water Enterprise Water System Improvement Program-funded Contract No. WD-2476 East-West Transmission Main, with Ranger Pipelines Incorporated, increasing the contract by $2,097,255 for a total contract amount of $22,026,603.

Resolution No. 08-0146:

Approve Modification No. 1 to Water Enterprise Water System Improvement Program-funded Contract No. WD-2500 Palo Alto Pump Station Upgrade, with JMB Construction Inc., increasing the contract by $0, for an original total contract amount of $3,671,000, and with a time extension of 52 calendar days for a total contract duration of 442 days.

Resolution No. 08-0147:

Approve Amendment No. 2 to Water Enterprise Water System Improvement Program-funded Agreement No. CS-741, Program Environmental Impact Report, with ESA+Orion Joint Venture to conduct additional technical services required to complete the environmental review process, and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment increasing the agreement by $1,300,000, for a total agreement amount of $7,390,000, and with a time extension of 212 consecutive calendar days, for a total agreement duration of 1949 consecutive calendar days.

Resolution No. 08-0148:

Approve Amendment No. 1 to Water Enterprise Water System Improvement Program-funded Agreement No. CS-820, Engineering Services, New Irvington Tunnel, with URS Corporation to provide additional final design and construction contract documents; and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment increasing the agreement by $1,403,000, for a total agreement amount of $9,998,561 to complete Design Phase services. After completion of Design Phase services, staff will make a request for a future amendment to Agreement, CS-820, Engineering Services for New Irvington Tunnel, with URS Corporation to secure design engineering assistance during the Bid and Award Phase and for Construction Phase support services.

Resolution No. 08-0149:

Action related to the selection of Cornell University; award Agreement No. CS-933, Large Scale Testing of Fault Rupture Effects, to provide specialized engineering and laboratory testing services; and authorize the General Manager of the San Francisco Public Utilities Commission to negotiate and execute a professional services agreement with Cornell University, Office of Sponsored Programs for an amount not to exceed $370,000, with a duration of eleven months.

Resolution No. 08-0150:

Approve settlement with State Farm Insurance Company as subrogee for Albert SooHoo, City Attorney File No. 08-W0016-4, Filed December 19, 2007.

Resolution No. 08:0151:

Approve settlement with Laurence Tam/Gregory J. Bulliung, Esq., City Attorney File No. 08-00191, Filed July 24, 2007.

Resolution No. 08:0152:

Approve the plans and specifications and award Enterprise-funded Contract No. HH-932 Job Order Contract, General Engineering (A-license), Hetch Hetchy, in the amount of $3,000,000, to the lowest, qualified, responsible and responsive bidder, Yerba Buena Engineering and Construction.

Resolution No. 08-0153:

Accept work performed for Water Enterprise, Water Main Replace/Retrofit Program-funded Contract No. WD-2395, 8-Inch, and 24-inch Ductile Iron Main Installation in Valencia St., by Shaw Pipeline, approve Modification No. 5 (final) decreasing the contract amount by $182,777.52 for a total contract amount of $3,537,772.17 and with 56 calendar days time extension for a total contract duration of 600 consecutive calendar days and authorize final payment, in the amount of $341,226.83, to the Contractor.

Resolution No. 08-0154:

Accept work performed for Water Enterprise, Water Main Replace/Retrofit Program-funded Contract No. WD-2453, 8-Inch Ductile Iron Main Installation in Washington St., Clay St., and Pacific Ave. by J. Flores Construction , approve Modification No. 3 (final) decreasing the contract amount by $190,530.89 for a total contract amount of $1,349,141.52 and authorize final payment, in the amount of $96,557.36, to the Contractor.

Resolution No. 08-0155:

Ratify the Declaration of Emergency made by the General Manager of the San Francisco Public Utilities Commission, dated July 11, 2008 and approved by the President of the Commission. Contract WW-484E Emergency Ratification Repair of 36" Force Main on Embarcadero. The contract work consists of repairing the North Point Force Main on the Embarcadero at Jackson Street.

Resolution No. 08-0156:

Authorize the General Manager of the San Francisco Public Utilities Commission to request permission from the Board of Supervisors to accept and expend grant funds totaling $185,000 from the California State Coastal Commission (SCC); and to execute all required agreements.

Resolution No. 08-0157:

Authorize the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 1 to the Memorandum of Understanding (MOU) between the SFPUC and Bay Area Clean Water Agencies (BACWA) for participation in a Bay Area Regional Water Conservation Campaign funded by a grant from the Department of Water Resources, and further authorize the General Manager to provide up to $250,000 of funding to the Campaign which will be reimbursed by BACWA once grant funds are received; and provide up to $300,000 for media buys in the SFPUC service area.

Resolution No. 08-0158:

Authorize the execution of the First Amendment to the Memorandum of Understanding by and between the San Francisco Public Utilities Commission (SFPUC) and the North San Mateo County Sanitation District (NSMCSD), a subsidiary of the City of Daly City (Daly City) for the Harding Park Recycled Water Project (Project). The scope of the MOU includes the provision of planning and engineering design services up to the construction phase of the Project, including the completion of environmental review pursuant to the California Environmental Quality Act (CEQA). This amendment is requested to expand the scope of environmental analysis from a Mitigated Negative Declaration (MND) to an Environmental Impact Report (EIR), meet environmental requirements for geotechnical field investigations, and to incorporate SFPUC design standards into Project planning. Additional funds in an amount not to exceed $168,674 are requested for this amendment. The requested funding would be through the Water System Improvement Program (WSIP).

Resolution No. 08-0159:

Authorize the execution of the Third Amendment to the Second Memorandum of Understanding by and between the San Francisco Public Utilities Commission and North Coast County Water District to provide the SFPUC’s share of the cost to produce the Title 22 Engineering Report for the Pacifica Recycled Water Project. Funding for this amendment is in an amount not to exceed $54,600, subject to City Attorney approval as to the form of the agreement. Funds for the action are available under Water Supply Master Plan, Index Code 505021.

Resolution No. 08-0160:

Accept work performed by Mountain Cascade, Inc. for Wastewater Enterprise 5-Year CIP-funded Contract No. WW-405, Mission Street and Mount Vernon Sewer System Improvement, approve Modification No. 1, increasing the contract by $265,000.00, and approve Modification No. 2 (Final), decreasing the contract by $1,252,192.20, for a total contract amount of $8,447,317.40, and a total contract duration of 326 consecutive calendar days; and authorize final payment, in the amount of $464,952.21, to the contractor.

11a. 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: Approve the plans and specifications and award Power Enterprise Sustainable Energy Account-funded Contract No. HH-933, “SFPUC Efficient Lighting for 18 Port of SF Facilities”, in the amount of $661,959.02, to the lowest, qualified, responsible and responsive bidder, Flouresco Lighting-Sign Maintenance Corporation.

b) Staff Recommendation: Approve the plans and specifications and award CUW 260 Water Main Replacement/Retrofit Program-funded Contract No. WD 2567 8-Inch & 12-Inch Ductile Iron Main Installation in Coso Ave., Prospect, Stoneman, Manchester, Folsom, Ripley and Holladay Avenue in the amount of $1,333,000 to the lowest, qualified, responsible and responsive bidder, M Squared Construction.

c) Staff Recommendation: Reject all bids for Enterprise-funded Contract No. WD-2586 Job Order Contract, General Engineering (A-License), San Francisco/ Peninsula/East Bay to Hetch Hetchy, and authorize the General Manager of the San Francisco Public Utilities Commission to re-advertise the contract as Contract No. WD-2586R Job Order Contract, General Engineering (A-License), San Francisco/ Peninsula/East Bay to Hetch Hetchy; to receive and evaluate bids for said contract; and to return to the Commission with a recommendation for award.

d) Staff Recommendation: Approve the plans and specifications and award Enterprise-funded Contract No. WD-2587 Award Job Order Contract, General Construction (B-license), San Francisco/Peninsula/East Bay to Hetch Hetchy, in the amount of $3,000,000, to the lowest, qualified, responsible and responsive bidder, Southwest Construction & Property Management.

e) Staff Recommendation: Approve Amendment No. 1 to Wastewater Enterprise Master Plan-funded Agreement No. CS-787, Sewer System Master Plan (SSMP) Public Participation Services, with CirclePoint to provide support for the public participation/outreach program for the SSMP, and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment with no increase in contract amount and with a time extension of 17 months, for a total agreement duration of 53 months.

f) Staff Recommendation: Approve Amendment No. 1 to Hetch Hetchy Water & Power Operating Budget for Repair and Replacement- funded Agreement No. CS-802.B, Environmental Analyses - Moccasin Penstocks Renovation, with Tetra Tech, Inc. extending its duration from August 8, 2008 to August 8, 2010, and authorize the General Manager of the San Francisco Public Utilities Commission to execute this amendment extending the agreement duration with a time extension of 730 consecutive calendar days, for a total agreement duration of 1461 consecutive calendar days.

REAL PROPERTY TRANSACTIONS

12. Discussion and possible action related to authorizing the General Manager of the San Francisco Public Utilities Commission to request the Director of Property to prepare and submit legislation to the Board of Supervisors to accommodate the sale of three (3) Utility Easements to Top Vision Development LLC, within Lot 240, Lot 237 and Lot 238 (later merged into Lot 418) in San Francisco County Assessor Block 4991, located on the intersection of Crescent Way and Executive Park Boulevard, San Francisco, CA. (Dowd)

13. Discussion and possible action related to authorizing the General Manager of the San Francisco Public Utilities Commission to request the Director of Property to prepare and submit legislation to the Board of Supervisors to accommodate the direct purchase of 5.61 acres of land, also known a portion of Tuolumne County Assessor Parcel 066-670-06, located on Priest Coulterville Road, Moccasin, CA, for $70,000 from Mark A. Salazar and Julie A. Salazar, Husband and Wife, as Community Property with Right of Survivorship. (Dowd)

CONSTRUCTION CONTRACTS

14. Discussion of and possible action to approve the plans and specifications and award multi-funded Contract No. WD-2543 North University Mound System Upgrade, Water Main Installation, Sewer Replacement and Pavement Renovation, in the amount of $13,529,370, to the lowest, qualified, responsible and responsive bidder, Shaw Pipeline Inc. (Labonte)

CLOSED SESSION

15. Public comments on matters to be discussed in Closed Session.

16. 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:

17. 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.

18. Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d).

Existing Litigation:

a)United States of America v. City and County of San Francisco, U.S. District Court, Eastern District of California, Case No. 2:05 CV 01693 DFL GGH, Filed August 22, 2005. (Ammons)

b)United States of America v. City and County of San Francisco, U.S. District Court, Northern District of California, Case No. I:07-cv-01300-LJO/DLB Filed September 6, 2007. (Lipton)

19. Conference with Legal Counsel - Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Rothschild)

Existing Litigation:

Greg Angilly, LLC & State Farm Insurance Company v. City & County of San Francisco - City Attorney File No. 08-02811 Filed April 8, 2008

FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.

20. Announcement following Closed Session.

21. Motion regarding whether to disclose the discussions during Closed Session.

ADJOURNMENT