San Francisco Port Commission - July 10, 2018

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    SAN FRANCISCO PORT COMMISSION

     

    Kimberly Brandon, President

    Willie Adams, Vice President

    Gail Gilman, Commissioner

    Victor Makras, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director            Amy Quesada, Commission Affairs Manager

    Office: 415-274-0400                                     Office: 415-274-0406

     

    AGENDA

    PORT COMMISSION MEETING

     

    TUESDAY, JULY 10, 2018

    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 12, 2018

     

    3.      PUBLIC COMMENT ON EXECUTIVE SESSION

     

    4.      EXECUTIVE SESSION

     

    1. Vote on whether to hold a closed session and invoke the attorney-client privilege.

       

    2. CONFERENCE WITH LEGAL COUNSEL AND REAL PROPERTYNEGOTIATOR – This is specifically authorized under California Government Code Section 54956.8. *This session is closed to any non-City/Port representative: (Discussion Item)

     

    a.    Property: Railyard an approximately 455,416 square feet of land which comprises the Port’s Intermodal Container Transfer Facility (ICTF) including approximately 2,500 square feet of land for an office trailer, bounded by Cargo Way and Amador Street

           

            Person Negotiating: Port: Peter Dailey, Deputy Director, Maritime, Brendan O’Meara, Maritime Marketing Manager; Byron Rhett, Chief Operating Officer

     

            **Negotiating Parties: David Gavrich, President of San Francisco Bay Railroad, Michael Caprio, Area President, West Republic Services, Richard Normand Jr., Area Director Business Development, West, Republic Services

     

            Under Negotiations: ____Price _____Terms of Payment  X  Both

            An executive session has been calendared to give direction to staff regarding real estate negotiations for a proposed lease amendment to Lease No L-14397 and transfer for Port property located at the Port’s Intermodal Container Transfer Facility bounded by Cargo Way and Amador Street. In this Executive Session, the Port's negotiators will seek direction from the Port Commission regarding price and terms of payment, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease amendment 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: Seawall Lot 322-1, an approximately 37,810 square foot rectangular land parcel bounded by Broadway, Front and Vallejo Streets; Assessor Block 0140, Lot 7, located at the corner of Front and Broadway Streets

     

            Person NegotiatingPort: Michael Martin, Deputy Director, Real Estate and Development; Rebecca Benassini, Assistant Deputy Director, Real Estate and Development; and Ricky Tijani, Development Project Manager, Real Estate and Development

     

            *Negotiating PartiesMayor’s Office of Housing and Community Development (‘MOHCD”): Mara Blitzer, Director of Housing Development, and Faith Kirkpatrick, Project Manager; and Co-Developers, Bridge Housing and the John Stewart Company: Marie Debor, Vice President of Development for Bridge and Don Lusty, Director of Development for JSCo

     

            Under Negotiations: ___Price ___ Terms of Payment   X Both.

            Pursuant to Resolution 14-16, the Port entered into a Memorandum of Understanding with MOHCD for development of an affordable housing project on SWL 322-1 under a proposed Port lease with MOHCD’s selected developer.  In this executive session, the Port’s negotiator seeks direction from the Port Commission on factors affecting the price and terms of lease payment to include in a new MOU with MOHCD that will serve as the basis for the proposed lease with MOHCD-selected developer including price structure and financing mechanisms, as well as rent to be paid by the developer under the proposed lease. The executive session discussion 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.

     

    c.     Property : Java House LLC. Located at Pier 40½ , under Lease L-1400

     

    Person NegotiatingPort: Michael Martin, Deputy Director, Real Estate and Development; Elliott Riley, Senior Property Manager.

     

    *Negotiating Parties: Paul Osmundson – Frankie’s Java House, LLC

    Michael Heffernan – Frankie’s Java House, LLC

    Sophia Papadopoulos – Java House, LLC

     

    Under Negotiations: ___Price ___ Terms of Payment  X Both.

    Port staff has been approached with a proposal to extend Lease No. L-14100 with Java House, LLC in connection with a potential sale transaction.  Port staff are evaluating the proposed terms including the proposed price and terms of payment for such an extension and the executive session discussion will be an opportunity for the Port Commission to provide negotiation direction regarding price and terms of payment, improvements, rental rate resets, participation in sale proceeds and other factors affecting the form, manner and payment of consideration for a possible extension, and which in turn 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.

     

    5.      RECONVENE IN OPEN SESSION

     

    A.     Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

     

    B.     Vote in open session on whether to disclose any or all executive session discussions pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

     

    6.      PLEDGE OF ALLEGIANCE

     

    7.      ANNOUNCEMENTS

     

    1. Announcement of Prohibition of Sound Producing Electronic Devices during the Meeting: Please be advised that 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 of or use of a cell phone, pager, or other similar sound-producing electronic device.

       

    2. Announcement of Time Allotment for Public Comments: Please be advised that a member of the public has up to three minutes to make pertinent public comments on each agenda item unless the Port Commission adopts a shorter period on any item.

       

      8.      PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

     

    Public comment is permitted on any matter within Port jurisdiction and is not limited to agenda items. Public comment on non-agenda items may be raised during Public Comment Period.  A member of the public has up to three minutes to make pertinent public comments. Please fill out a speaker card and hand it to the Manager of Port Commission Affairs. If you have any question regarding the agenda, please contact the Manager of Port Commission Affairs at 415-274-0406. No Commission action can be taken on any matter raised during the public comment period for items not listed on the agenda other than to schedule the matter for a future agenda, refer the matter to staff for investigation or respond briefly to statements made or questions posed by members of the public. (Government Code Section 54954.2(a))

     

    9.      EXECUTIVE

     

    1. Executive Director’s Report

    2. Golden Gate Zero Emission Marine received $3 million grant money from the California Air Resources Board to build the Nation’s First Hydrogen Fuel-Cell Ferry Boat

       

    3. Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioner(s).

       

      10.    CONSENT

       

      A.     Request approval of a five-year lease and associated license and berthing agreement between the Port of San Francisco and an existing Pier 40 maritime tenant, Spinnaker Sailing San Francisco, a California Corporation (Lease Number L- 16336; License Number 16369,  Berthing Agreement 16370), for operations in the Pier 40 Shed and South Beach Harbor. (Resolution No. 18-40)

       

      B.     Request approval of the Fiscal Year 2018-19 Monthly Rental Rate Schedule, Monthly Parking Stall Rates and Special Events. (Resolution No. 18-41)

       

     

     

    11.    PLANNING & ENVIRONMENT

     

    A.     Informational presentation by the San Francisco Planning Department on the Central Waterfront Public Realm Plan (including Port properties such as Warm Water Cove Park and 24th Streets).

     

    12.    REAL ESTATE & DEVELOPMENT

    1. Request (1) Adoption of the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act for the 88 Broadway & 735 Davis Street Project (Planning Department File No. 2016-007850ENV); (2) Approval of an Option Agreement and attached Form of Ground Lease (“Lease”) with 88 Broadway Family LP, a California limited partnership, with a term of 57 years with one 18-year extension option for development and operation of affordable housing on Seawall Lot 322-1 located at Broadway and Front Streets (also known as 88 Broadway) (subject to Board of Supervisors approval); (3) Approval of Schematic Drawings for the proposed project at 88 Broadway; and (4) Approval of a Memorandum of Understanding between the Port and the San Francisco Mayor’s Office of Housing and Community Development regarding payment of fair market value and ongoing coordination and cooperation relating to the proposed Lease (the “Development MOU”) (subject to Board of Supervisors’ approval). (Resolution No. 18-42)

       

      13.    ENGINEERING

       

      A.     Informational update on the San Francisco Seawall Earthquake Safety and Disaster Prevention Program (Seawall Program).

       

      B.     Request authorization to award Construction Contract No. 2787R, Pier 27 Passenger Shelter, to G.Y. Engineering, Inc. in the amount of $818,000, and authorize a contract contingency fund of 10% ($81,800) for a total authorization of $899,800. (Resolution No. 18-43)

       

      14.    NEW BUSINESS

     

    15.    ADJOURNMENT

    Minutes PDF
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    Supporting documents full text

     

    CONSENT

    ITEM 10A.      Request approval of a five-year lease and associated license and berthing agreement between the Port of San Francisco and an existing Pier 40 maritime tenant, Spinnaker Sailing San Francisco, a California Corporation (Lease Number L- 16336; License Number 16369,  Berthing Agreement 16370), for operations in the Pier 40 Shed and South Beach Harbor. (Resolution No. 18-40)

     

    ITEM 10B.      Request approval of the Fiscal Year 2018-19 Monthly Rental Rate Schedule, Monthly Parking Stall Rates and Special Events. (Resolution No. 18-41)

     

    All Exhibits
                           

    PLANNING & ENVIRONMENT

     

    ITEM 11A.      Informational presentation by the San Francisco Planning Department on the Central Waterfront Public Realm Plan (including Port properties such as Warm Water Cove Park and 24th Streets).

     

    All Exhibits

     

    REAL ESTATE & DEVELOPMENT

    ITEM 12A       Request (1) Adoption of the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act for the 88 Broadway & 735 Davis Street Project (Planning Department File No. 2016-007850ENV); (2) Approval of an Option Agreement and attached Form of Ground Lease (“Lease”) with 88 Broadway Family LP, a California limited partnership, with a term of 57 years with one 18-year extension option for development and operation of affordable housing on Seawall Lot 322-1 located at Broadway and Front Streets (also known as 88 Broadway) (subject to Board of Supervisors approval); (3) Approval of Schematic Drawings for the proposed project at 88 Broadway; and (4) Approval of a Memorandum of Understanding between the Port and the San Francisco Mayor’s Office of Housing and Community Development regarding payment of fair market value and ongoing coordination and cooperation relating to the proposed Lease (the “Development MOU”) (subject to Board of Supervisors’ approval). (Resolution No. 18-42)

     

    Exhibit B

     

    ENGINEERING

     

    ITEM 13A.      Informational update on the San Francisco Seawall Earthquake Safety and Disaster Prevention Program (Seawall Program).

     

    ITEM 13B.      Request authorization to award Construction Contract No. 2787R, Pier 27 Passenger Shelter, to G.Y. Engineering, Inc. in the amount of $818,000, and authorize a contract contingency fund of 10% ($81,800) for a total authorization of $899,800. (Resolution No. 18-43)