Port Commission Meeting - Closed Session

Date: 
Tuesday, July 11, 2017 - 2:00pm
Location: 
Port Commission Hearing Room
Ferry Building, the Embarcadero, 2nd Floor
San Francisco, CA 94111
United States
Date:
Repeats every month in February, March, April, May, June, July, August, September, October, November, and December on the second Tuesday until Monday Dec. 18, 2017 ─
Tuesday, July 11, 2017 - 2:00pm
Tuesday, August 8, 2017 - 2:00pm
Tuesday, September 12, 2017 - 2:00pm
Tuesday, October 10, 2017 - 2:00pm
Tuesday, November 14, 2017 - 2:00pm
Tuesday, December 12, 2017 - 2:00pm

Port Commissioners' Photos, effective July 2017

SAN FRANCISCO PORT COMMISSION

Willie Adams, President
Kimberly Brandon, Vice President
Leslie Katz, Commissioner
Doreen Woo Ho, Commissioner

Elaine Forbes, Executive Director   
Phone: 415-274-0400; Fax 415-274-0412            
  Amy Quesada, Manager
Phone: 415-274-0406; Fax 415-274-0412

AGENDA
TUESDAY, JULY 11, 2017
2:00 P.M. CLOSED SESSION
3:15 P.M. OPEN SESSION

PORT COMMISSION HEARING ROOM, SECOND FLOOR
FERRY BUILDING, SAN FRANCISCO CA 94111

The Port Commission Agenda as well as Staff Reports/Explanatory Documents available to the public and provided to the Port Commission are posted on the Port’s Website at www.sfport.com. The agenda packet is also available at the Pier 1 Reception Desk. If any materials related to an item on this agenda have been distributed to the Port Commission after distribution of the agenda packet, those materials are available for public inspection at the Port Commission Affairs Manager’s Office located at
Pier 1 during normal office hours.

1.    CALL TO ORDER / ROLL CALL

2.    APPROVAL OF MINUTES – June 13, 2017

3.    PUBLIC COMMENT ON EXECUTIVE SESSION

4.    EXECUTIVE SESSION  

A. Vote on whether to hold a closed session and invoke the attorney-client privilege.
 
(1) CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION MATTER AND POSSIBLE PARTIAL SETTLEMENT (DISCUSSION AND POSSIBLE ACTION):
 
a. Discuss existing litigation pursuant to Section 54956.9(d)(1) of the California Government Code and Section 67.10(d)(1) of the San Francisco Administrative Code.
Puglia Engineering, Inc. v. BAE Systems Ship Repair Inc., BAE Systems San Francisco Ship Repair Inc., BAE Systems, Inc., City and County of San Francisco, and Does 1-20; San Francisco Superior Court (Case No. CGC-17-557087 filed February 15, 2017)
 
b. Possible approval of a settlement of the Port’s potential claims against BAE Systems Ship Repair Inc. and certain affiliated BAE entities (“BAE”) for alleged breach of lease.  The material terms of the proposed settlement include:  (i) BAE’s payment to the Port of cash in the amount of $4,900,000; (ii) neither the Port’s nor BAE’s admission of any liability or indication that any of the claims or allegations made by them have any merit or lack of merit; (iii) the Port reconfirming its consent to the sale of BAE Systems San Francisco Ship Repair Inc.; (iv) the Port’s assignment to BAE of certain claims against Puglia Engineering, Inc. and/or BAE Systems San Francisco Ship Repair Inc.; (v) the mutual release of claims between the Port and BAE; and (vi) BAE’s limited release of a new shipyard operator from claims BAE might have on account of BAE being found liable for any pension obligation that accrued while BAE owned BAE Systems San Francisco Ship Repair Inc.
   
(2) CONFERENCE WITH LEGAL COUNSEL AND REAL PROPERTY NEGOTIATOR ─ This is specifically authorized under California Government Code Section 54956.8. *This session is closed to any non-City/non-Port representative: (Discussion Item):
 
a. Property: Boudin Properties located at Seawall Lot 301 at Fisherman’s Wharf
Person Negotiating: Port: Michael Martin, Deputy Director, Real Estate and Development 
*Negotiating Parties: Boudin: Lou Giraudo

       Under Negotiations: ____ Price ____Terms of Payment     X    Both

        An executive session has been calendared to give direction to staff regarding real estate negotiations for the proposed lease of Port property located at SWL 301 at Fisherman’s Wharf.  In this Executive Session, the Port's negotiators will seek direction from the Port Commission regarding price and terms of payment, including term, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease in order to enhance the capacity of the Port Commission during its public deliberations and actions to set the price and payment terms that are most likely to maximize the benefits to the Port, the City and the People of the State of California.
 
b. Property: AB 8719, Lot 002, also known as Seawall Lot 337, AB 9900, Lot 62, also known as China Basin Park, and AB 9900, Lot 048 and AB 9900, Lot 048H, also known as Pier 48 (all bounded generally by China Basin, the San Francisco Bay, Mission Rock Street, and Third Street) 
Person Negotiating: Port: Byron Rhett, Senior Deputy Director, Chief Operating Officer 
*Negotiating Parties: SWL 337 Associates, LLC: Jack Bair 

       Under Negotiations: ____ Price ____Terms of Payment     X    Both  

        Pursuant to Resolution No. 10-32, the Port Commission awarded to the non-Port party an exclusive negotiation agreement with the Port for the lease and development of the property. In this executive session, the Port's negotiator seeks direction from the Port Commission on base rent structure, financing mechanisms and other factors affecting the form, manner and timing of payment of the consideration in negotiations with the non-Port party for the lease and development of the property. The executive session will enable the Port Commission to develop a negotiating strategy tailored to maximize the City's return based on these factors. In particular, the executive session discussions will enhance the capacity of the Port Commission during its public deliberations and actions to set the price and payment terms that are most likely to maximize the benefits to the Port, the City and the People of the State of California and more effectively negotiate with the non-Port party on price and payment terms.
 

 

FORWARD CALENDAR

(TARGETED COMMISSION MEETING, SUBJECT TO CHANGE)

AUGUST 8, 2017

 

FACILITY/POLICY

ITEM

TITLE

1

Seawall Lot 310

Informational

Presentation regarding the Amendment to Lease No. L-13550 between the Port and Boudin Properties, Inc. for Premises located at Seawall Lot 301

2

Pier 70

Informational

Presentation regarding the Pier 70 Special Use District Transaction Structure between: (1) the Port and Forest City Development California, Inc. for the 28-Acre Site, located between 20th, Michigan, and 22nd Streets and San Francisco Bay (Assessor’s Block 4052/Lot 001 and Lot 002 and Block 4111/Lot 003 and Lot 004);  (2) the Port and Third Parties for the “20th/Illinois Parcel” along Illinois Street at 20th Street (Assessor’s Block 4110/Lot 001); and (3) the City and a Third Party for Pacific Gas and Electric Company-owned parcel subject to a City option to purchase called the “Hoedown Yard,” at Illinois and 22nd Streets (Assessor’s Block 4120/Lot 002 and Block 4110/Lot 008A

3

SWL 337 & Pier 48

Informational

Presentation on the public finance framework for the Mission Rock project at SWL 337 and Pier 48

4

Fisherman’s Wharf

Action

Authorization to allow retail fish sales from boats at Fisherman’s Wharf

5

Crane Cove Park

Action

Authorization to award Construction Contract No. 2781, Crane Cove Park Construction Package 2, Park Improvements

6

Portwide

Action

Authorization to award Professional Services Contract for Planning, Engineering, and Environmental Services for the Seawall Resiliency Project

7

Portwide

Action

Approval and Certification of the Port Sanitary Sewer Management Plan

8

Portwide

Action

Authorization to accept and expend 2016 Port Security Grant Program Funds for the San Francisco Police Department Dock project at the Port of San Francisco

SEPTEMBER 12, 2017

 

FACILITY/POLICY

ITEM

TITLE

1

Seawall Lot 337 and Pier 84

Informational

Presentation on the transaction documents for the Mission Rock project at SWL 337 and Pier 48

2

Portwide

Action

Approval of Fiscal Year 2017-18 Executive Director Salary

3

Pier 70

Action

Approval of Forest City Development’s Pier 70 transaction documents and entitlements

SEPTEMBER 26, 2017

 

FACILITY/POLICY

ITEM

TITLE

1

Portwide

Informational

Annual Update on the Port Strategic Plan

2

Seawall Lot 337 and Pier 48

Action

Approval of CEQA findings and transaction documents for the Mission Rock project at SWL 337 and Pier 48

3

Seawall Lot 301

Action

Approval of Amendment to Lease No. L-13550 between the Port and Boudin Properties, Inc. for Premises located at Seawall Lot 301

DATE TO BE DETERMINED

 

FACILITY/POLICY

ITEM

TITLE

1

Portwide

Informational

Presentation regarding the proposed updates to the Port of San Francisco’s Retail Leasing Policy

2

Portwide

Informational

Presentation regarding the Policy for the Extension of Long Term Leases

3

Portwide

Informational

Update on the San Francisco Sea Level Rise Action Plan and Port Sea Level Rise Projects

4

Piers 80-96

Informational

Presentation on the implementation of the Piers 80-96 Maritime Eco-Industrial Center Strategy

5

Portwide

Informational

Annual Update by the Mayor’s Office of Housing and Community Development

6

Portwide

Informational

Presentation from the San Francisco Municipal Transportation Agency regarding transportation issues on the waterfront and Embarcadero

7

South Beach Harbor

Informational

Presentation of Financial and Operational Performance of South Beach Harbor

8

Portwide

Informational

Update on the City's Resiliency Plan

9

Portwide

Informational

Update on the Port Seawall Resiliency Project

10

Pier 29 Annex

Informational

Presentation regarding a Request for Proposals for a retail space located at Pier 29 Annex (Beltline Building) on the Embarcadero

11

Portwide

Informational

Presentation regarding a potential transaction between the City, the Port, and Pacific, Gas and Electric Co. (PG&E)

12

Ferry Terminal

Informational

Progress Report on the Downtown San Francisco Ferry Terminal Expansion Project

13

Portwide

Informational

Periodic update by Civic Edge Consulting, LLC regarding benchmarks for the public relations, communications, media services, and related professional services for the Seawall Resiliency Project

14

Pier 84

Action

Authorization to advertise for competitive bids for Construction, Copra Crane Refurbishment

15

Portwide

Action

Approval of San Francisco Public Works vendors proposals for Public Toilets and advertising Kiosks, support for selection of vendor, affecting several locations on Port property

16

Portwide

Action

Authorization to award Construction Contract No. 2771, Port Modular Restrooms Project

17

Pier 43½

Action

Presentation regarding the proposed term sheet with Golden Gate Scenic Steamship Corporation, located at Piers 43½ in Fisherman’s Wharf

18

Portwide

Action

Approval to award the Program Management / Engineering Consultant Services to Support the Seawall Resiliency Project

19

Pier 40

Action

Authorization to Issue a Request for Proposals for a Retail Lease located at Pier 40 on the Embarcadero

20

Pier 31½

Action

Authorization to advertise Construction Contract No. 2790, Pier 31½ Substructure Repair Project

21

China Basin

Action

Authorization to advertise China Basin Floats Project

22

Pier 29 Annex/ Beltline Building

Action

Authorization to advertise for competitive bids for Construction Contract No. 2794, Beltline Building Core & Shell Improvements Project

23

Portwide

Action

Authorization to accept and expend, subject to Board of Supervisors’ approval, the 2016 Infrastructure Protection Program Port Security Grant Program funds from the U.S. Department of Homeland Security for security improvements at the Port of San Francisco

24

Pier 96

Action

Approval of Exclusive Negotiating Agreement with Recology and endorsement of term sheet at Pier 96

 

COMMUNICATIONS TO THE PORT COMMISSION
JULY 2017

  • From Shawn Mooney, regarding CBBC (Giants') Certification Statements

 AUGUST / SEPTEMBER 2017
CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

 

DATE

TIME

GROUP

LOCATION

AUGUST 8

2:00 PM Closed Session

3:15 PM Open Session

Port Commission

Port Commission Hearing Room at the Ferry Building

SEPT. 12

2:00 PM Closed Session

3:15 PM Open Session

Port Commission

Port Commission Hearing Room at the Ferry Building

SEPT. 26

2:00 PM Closed Session

3:15 PM Open Session

Port Commission

Port Commission Hearing Room at the Ferry Building

NOTES:

The San Francisco Port Commission meets regularly on the second and fourth Tuesday of the month at 3:15 p.m., unless otherwise noticed. The Commission Agenda and staff reports are posted on the Port’s Website @ www.sfport.com. Contact Amy Quesada at 415-274-0406 or amy.quesada@sfport.com

Full Commission meetings are replayed on San Francisco cable via SFGovTV2 and streamed on the Internet. Broadband service is recommended for access. The Port Commission is generally broadcast on SFGovTV2, cable channel 78 on the 2nd & 4th Thursday of the month at 9 p.m. SFGovTV archives include a recording of each meeting, an agenda with links to the specific portion of the meeting, a file containing all closed captions for the deaf from the meeting and an MP3 recording of the meeting. The Port Commission meetings can be viewed online at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92

The Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meets regularly on a bi-monthly basis, on the third Tuesday of the month.  The regular meeting time and place is 9:00 a.m. at Scoma’s Restaurant, Pier 47 at Fisherman’s Wharf. Contact Rip Malloy @ 415-274-0267 or rip.malloy@sfport.com

The Maritime Commerce Advisory Committee (MCAC) meets every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. @ Pier 1. Contact Michael Nerney @ 415-274-0416 or  michael.nerney@sfport.com

The Mission Bay Citizens Advisory Committee meets on the second Thursday of the month at 5:00 p.m. in the Creek Room at Mission Creek Senior Building located at 225 Berry Street in San Francisco (along the Promenade just beyond the library.) Contact Hilde Myall @ 415-749-2468 or hilde.myall@sfgov.org. For matters related to the proposed Golden State Warriors Event Center, the main contact is Adam Van de Water at MOED Adam.VandeWater@sfgov.org

The Northeast Waterfront Advisory Group (NEWAG) meets regularly on a bi-monthly basis on the first Wednesday of the month from 5:00 p.m. to 7:00 p.m. in the Bayside Conference Room @ Pier 1. Contact Diane Oshima @ 415-274-0545 or diane.oshima@sfport.com

The Central Waterfront Advisory Group (CWAG) meets monthly on an as-needed basis, generally on the third Wednesday of the month from 5 to 7 p.m. in the Bayside Conference Room at Pier 1. Contact Mark Paez @ 415-705-8674 or mark.paez@sfport.com

The Southern Waterfront Advisory Committee (SWAC) meets at the last Wednesday of the month as needed from 6:00 to 8:00 p.m. Location to be determined. Contact David Beaupre @ 415-274-0539 or david.beaupre@sfport.com

The Waterfront Design Advisory Committee (WDAC) meets, as needed, jointly with the Design Review Board of the Bay Conservation and Development Commission on the first Monday of the month at BCDC, 50 California Street, Rm. 2600, at 6:30 p.m.  The Committee meets as needed on the fourth Monday of the month at 6:30 p.m. in the Bayside Conf. Rm. @ Pier 1. Contact Dan Hodapp @ 415-274-0625 or dan.hodapp@sfport.com

ACCESSIBLE MEETING INFORMATION POLICY

FERRY BUILDING:

The Port Commission Hearing Room is located on the second floor of the Ferry Building. The main public entrance is from the west (Embarcadero) side and is served by a bank of elevators adjacent to the historic staircase. Accessible public restrooms are on the first floor at the northeast end of the building as well as on the second floor across the lobby from the Port Commission Hearing Room. The main path of travel to the Port Commission Hearing Room is equipped with remote infrared signage (Talking Signs). The Port Commission Hearing Room is wheelchair accessible. Accessible seating for persons with disabilities (including those using wheelchairs) is available. The closest accessible BART and MUNI Metro station is Embarcadero located at Market & Spear Streets. Accessible MUNI lines serving the Ferry Building area are the F-Line, 9, 31, 32 and 71. For more information about MUNI accessible services, call (415) 923-6142. The nearest accessible parking is provided in the following off-street pay lots: 3 spaces in the surface lot on the west side of the Embarcadero at Washington Street.

Hourly and valet parking is available in the Pier 3 lot. This lot is accessed through the Pier 3 bulkhead building entrance on the east side of the Embarcadero. This lot is located on the pier deck; adjacent to the ferry boat Santa Rosa. Additional covered accessible off-street pay parking is available in the Golden Gateway Garage, which is bounded by Washington, Clay, Drumm and Battery Streets. Entrance is on Clay St. between Battery and Front Streets. There is no high-top van parking. Metered street parking is available on the Embarcadero, Washington, Folsom & Drumm Streets.

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, 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 to accommodate these individuals.

Disability Accommodations:

To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact Wendy Proctor, Port’s ADA Coordinator at (415) 274-0592 or via email at wendy.proctor@sfport.com or Amy Quesada, Port Commission Affairs Manager, at (415) 274-0405 or via email at amy.quesada@sfport.com at least 72 hours in advance of the hearing. The Port’s TTY number is (415) 274-0587.

Language Assistance
311 Free language assistance / 免費語言協助 / Ayuda gratuita con el idioma / Бесплатная помощь переводчиков / Trợ giúp Thông dịch Miễn phí / Assistance linguistique gratuity / 無料の言語支援 / 무료 언어 지원 / คว“ ว “งภ“ษ“ ’ ค / Libreng tulong para sa wikang Tagalog

To request an interpreter for a specific item during the hearing, please contact Port’s Language Access Liaison, Matthias Giezendanner at (415) 274-0471 or email him at matthias.giezendanner@sfport.com at least 48 hours in advance of the hearing.

SPANISH:
Agenda para la Comisión de  Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame Matthias Giezendanner al 415-274-0471. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

CHINESE:
規劃委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電Matthias Giezendanner 415-274-0471。
請在聽證會舉行之前的至少48個小時提出要求。

TAGALOG:
Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag kay Matthias Giezendanner sa 415-274-0471. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

RUSSIAN:
Повестка  дня  Комиссии  по  планированию.  За  помощью  переводчика  или  за  вспомогательным  слуховым  устройством  на  время  слушаний  обращайтесь  по  номеру Matthias Giezendanner 415-274-0471.  Запросы  должны  делаться  минимум  за 48  часов  до  начала  слушания.

NOTICES

Know Your Rights Under the Sunshine Ordinance:
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 (Sections 67.1 et seq. of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854 or by email at sotf@sfgov.org. Citizens can obtain a free copy of the Sunshine Ordinance by printing Sections 67.1 et seq. of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.

Prohibition of Ringing of Sound Producing Devices:
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 device.

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 & Government Conduct Code Sections §2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness, Suite 3900, San Francisco, CA 94102, phone (415) 581-2300 or fax (415) 581-2317; web site: www.sfgov.org/ethics.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code:
If the Commission approves an action identified by an exemption or negative declaration as the Approval Action (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA decision prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. Typically, an appeal must be filed within 30 calendar days of the Approval Action. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.