San Francisco Port Commission - October 27, 2020

VIRTUAL MEETING
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    SAN FRANCISCO PORT COMMISSION

     

    Kimberly Brandon, President

    Willie Adams, Vice President

    John Burton, Commissioner

    Gail Gilman, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director              Carl Nicita, Commission Affairs Manager

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

     

    AGENDA

    PORT COMMISSION MEETING

     

    TUESDAY, OCTOBER 27, 2020

    2:00 P.M. CLOSED SESSION

    3:15 P.M. OPEN SESSION

     

    Port of San Francisco

    Pier 1

    San Francisco CA 94111

    Due to the COVID-19 health emergency and to protect our Port Commissioners, Port Staff, and members of the public, the Port Commission Meeting Room at the Ferry Building is closed. This meeting is being held by teleconference pursuant to the Governor’s Executive Order N-29-20 and the Fifth Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency.

    Individuals are encouraged to participate in the meetings remotely by calling during the public comment section of the meeting. Visit the SFGovTV website (https://sfgovtv.org/sfgovtv-live-events) to stream the live meetings or watch them on demand at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92

     

    TO STREAM THE LIVE MEETING:

     

    https://sfgovtv.org/sfgovtv-live-events

     

    TO MAKE PUBLIC COMMENT:

     

    Dial 415-655-0001

    Participant Code: 146-849-4764#

    When prompted, press *3 to be added to the public comment queue.

     

    If you are in the public comment queue, an audio prompt will indicate when it is your turn to speak.

     

    Public comment is limited to 3:00 minutes and must be in respect to the current agenda item.

    When making public comment, please:

    • Ensure you are in a quiet location
    • Turn off any TV’s or radios around you
    • Speak Clearly 

    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 https://sfport.com/meetings/15

    1.     CALL TO ORDER / ROLL CALL

      

    2.     APPROVAL OF MINUTES – October 13, 2020

     

    3.     PUBLIC COMMENT ON EXECUTIVE SESSION

     

    4.     EXECUTIVE SESSION

     

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

     

    (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Discussion Item)

     

          Elaine Forbes, Port Executive Director.  Discussion of Performance Evaluation pursuant to Section 67.10(b) of the Administrative Code and Section 54957(b) of the California Government Code.

     

    (2)  Discussion and vote in open session whether to meet in closed session regarding the following matter pursuant to California Government Code §54957(b) and San Francisco Administrative Code §67.10(d) (Discussion and possible action).

     

                PUBLIC EMPLOYEE APPOINTMENT/HIRING

      

                         Title/Description of position to be filled:  Assistant Port Director

     

    5.     RECONVENE IN OPEN SESSION

     

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

     

    1. 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

     

    A.   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. Please note that during the public comment period, the moderator will instruct dial-in participants to use a touch-tone phone to register their desire for public comment. Audio prompts will signal to dial-in participants when their Audio Input has been enabled for commenting. Please dial in when the item you wish to comment on is announced.

    8.      PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

    9.      EXECUTIVE

             A.   Executive Director’s Report

    • Port Economic Recovery 
    • Equity
    • Other Key Project Updates

     

             B.   Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioners.

    10.    FINANCE & ADMINISTRATION

             A.   Request approval of a Resolution recommending that the Board of Supervisors approve the Mission Rock Community Facilities District financing, including the issuance of bonds in an aggregate principal amount not to exceed $50,100,000 (“Bonds”), and the execution and delivery of financing documents, including the: 1) the form of Bond Purchase Agreement, 2) the form of Fiscal Agent Agreement, 3) the form of Pledge Agreement, 4) the form of Continuing Disclosure Certificate, 5) the form of Preliminary Official Statement, and authorizing and directing the Executive Director to cause the package to be submitted to the Board of Supervisors and to work with the Director of the Office of Public Finance to finalize and cause the distribution of the Preliminary Official Statement and the issuance of the Bonds. (Resolution 20-48)

             B.   Informational presentation on the Port’s contract activity for Fiscal Year 2019-2020 (July 1, 2019 – June 30, 2020) and strategic initiatives for Local Business Enterprise (LBE) engagement.

    11.    WATERFRONT RESILIENCE PROGRAM

             A.   Informational presentation regarding the U.S. Army Corps of Engineers Flood Resiliency Study – Focused Array of Alternatives.

    12.    PLANNING & ENVIRONMENT

             A.   Informational presentation on PG&E Sediment Remedial Action Planning for Pier 39 to Pier 43½ offshore sediment.

    13.    MARITIME

             A.   Informational presentation on the Pier 70 shipyard and Memorandum of Understanding with the San Francisco Public Utilities Commission.

    14.    NEW BUSINESS

    15.    ADJOURNMENT

     

     

    PROPOSED AGENDA

    SUBJECT TO CHANGE

     

                  

    NOVEMBER 10, 2020

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Piers 38-40

    Action

    Request authorization to enter into Exclusive Negotiation Agreement with Pacific Waterfront Partners III LLC. for the lease and development of a mixed-use project including commercial, retail, maritime and public access uses for Piers 38 & 40 and adjacent water areas

    2

    Portwide

    Informational

    Presentation regarding Waterfront Resilience Program (WRP) Local Business Enterprise (LBE) subcontracting and WRP equity actions

             

     

    DECEMBER 8, 2020

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Crane Cove Park

    Action

    Request retroactive authorization to modify Construction Contract No. 2812, Crane Cove Park Improvements and 19th St Parking Lot, to extend the substantial and final completion date

    2

    Heron’s Head Park

    Action

    Request authorization to award Construction Contract No. 2795, Heron’s Head Park Improvements

             

     

    DATE TO BE DETERMINED

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Portwide

    Informational

    Presentation on the suspension of cruise ships and the impact to the Port of San Francisco

    2

    Portwide

    Informational

    Presentation by the City of San Francisco’s Office of Economic and Workforce Development (OEWD) on the Southern Bayfront (Mission Bay, Central Waterfront, Bayview Hunters Point, Candlestick areas) interagency coordination to guide community and citywide investment

    3

    Pier 80

    Informational

    Update on PASHA Operations and Local Hire Performance at Pier 80

    4

    Portwide

    Informational

    Presentation to review (1) the results to date of the 2019 & 2020 Federal and State Legislative Program and, (2) the Port’s Proposed 2021 Federal and State Legislative Program

    5

    Pier 70 Historic Core

    Informational

    Presentation on formation of a Community Facilities District (CFD) over the Pier 70 Historic Core area (including Buildings 14, 101, 102, 104, and 113-116 located at Pier 70)

    6

    Pier 70, Parcel K North Plaza

    Informational

    Presentation of the Schematic Design of the Parcel K North plaza located at the southeast corner of 20th and Illinois Streets

    7

    Pier 70

    Action

    Approval of resolution directing staff to seek issuance of the first Pier 70 Lease Properties Community Facilities District bond form the Board of Supervisors

    8

    Portwide

    Action

    Approval of amendments to Port of San Francisco Tariff No. 5 (Rules, Regulations, Rates, and Charges)

    9

    Piers 19-23 and Piers 29-31

    Action

    Authorization to issue a Request for Proposals for the rehabilitation and development of Piers 19-23 and Piers 29-31, located near The Embarcadero at Lombard Street

    10

    Mission Bay Ferry Landing

    Informational

    Presentation on proposed lease with Water Emergency Transportation Authority Transportation to lease and operate the Mission Bay Ferry Landing for ferry service

    11

    Mission Bay Ferry Landing

    Action

    Authorization to accept and expend $25 million from WETA and from private contributions for the Mission Bay Ferry Landing, subject to the Board of Supervisors’ approval, and authorization to enter into a Memorandum of Understanding with WETA governing expenditure of the $25 million

    12

    Mission Bay Ferry Landing

    Action

    Authorization to advertise contract for third party Construction Management for Mission Bay Ferry Landing Project at 16th Street and Terry Francois Boulevard

    13

    Mission Bay Ferry Landing

    Action

    Authorization to award contract for third party Construction Management for Mission Bay Ferry Landing

    14

    Mission Bay Ferry Landing

    Action

    Authorization to award Contract 2819, Construction Manager/General Contractor for pre-construction services and early-construction for the Mission Bay Ferry Landing Project at 16th Street and Terry Francois Boulevard

             

     

    NOVEMBER / DECEMBER 2020

    CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

     

     DATE

    TIME

    GROUP

    LOCATION

    NOV. 10

    2:00 PM Closed Session

    3:15 PM Open Session

    Port Commission

    VIRTUAL MEETING

    DEC. 8

    2:00 PM Closed Session

    3:15 PM Open Session

    Port Commission

    VIRTUAL MEETING

     

     

     

    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 @ https://sfport.com/meetings/15. Contact Carl Nicita at 415-274-0406 or carl.nicita@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

     

    Due to the COVID-19 pandemic, the Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meetings are on hold. Contact Demetri Amaro @ 415-274-0260 or demetri.amaro@sfport.com

     

    During the COVID-19 pandemic, the Maritime Commerce Advisory Committee (MCAC) meets virtually every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. Contact Dominic Moreno @ 415-850-6819 or dominic.moreno@sfport.com.

     

    During the COVID-19 pandemic, the Northern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of odd-numbered months. Contact Patrick Foster at patrick.foster@sfport.com or check our website at https://sfport.com/community for more information.

    During the COVID-19 pandemic, the Southern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of even-numbered months. Contact Mark Paez at mark.paez@sfport.com or check our website at https://sfport.com/community for more information.

     

    During the COVID-19 pandemic, the Waterfront Design Advisory Committee (WDAC) meets virtually, as needed, jointly with the Design Review Board of the Bay Conservation and Development Commission on the first Monday of the month. The Committee meets virtually as needed on the fourth Monday of the month at 6:30 p.m. Contact Dan Hodapp @ 415-274-0625 or dan.hodapp@sfport.com

     

    During the COVID-19 pandemic, the Mission Bay Citizens Advisory Committee meets virtually on the second Thursday of the month at 5:00 p.m. Contact Marc Slutzkin @ 415-749-2516 or marc.slutzkin@sfgov.org.

    ACCESSIBLE MEETING INFORMATION POLICY

    ACCESSIBLE MEETING INFORMATION:

    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 Leah LaCroix at (415) 274-0632 or via email at leah.lacroix@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, Jenica Liu at (415) 274-0471 or email her at jenica.liu@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 Jenica Liu 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Jenica Liu 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 Jenica Liu 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 Jenica Liu 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.

    Prohibited Contributions by Persons with Pending Land Use Matters.  Pursuant to Section 1.127 of the Campaign and Governmental Conduct Code, no person, or the person’s Affiliated Entities, with a Financial Interest in a Land Use Matter pending before the Port Commission shall make any Prohibited Contribution at any time from the date of commencement of a Land Use Matter until 12 months have elapsed from the date that the Port Commission renders a final decision or ruling or any appeals to another city agency from that decision or ruling have been finally resolved. All capitalized terms in this provision are as defined in Section 1.127 of the Campaign and Governmental Conduct Code.

     

    Minutes PDF
    Minutes full text
    Supporting documents full text

    ITEM 10A     

    • Request approval of a Resolution recommending that the Board of Supervisors approve the Mission Rock Community Facilities District financing, including the issuance of bonds in an aggregate principal amount not to exceed $50,100,000 (“Bonds”), and the execution and delivery of financing documents, including the: 1) the form of Bond Purchase Agreement, 2) the form of Fiscal Agent Agreement, 3) the form of Pledge Agreement, 4) the form of Continuing Disclosure Certificate, 5) the form of Preliminary Official Statement, and authorizing and directing the Executive Director to cause the package to be submitted to the Board of Supervisors and to work with the Director of the Office of Public Finance to finalize and cause the distribution of the Preliminary Official Statement and the issuance of the Bonds. (Resolution 20-48) Attachments

    ITEM 10B      

    • Informational presentation on the Port’s contract activity for Fiscal Year 2019-2020 (July 1, 2019 – June 30, 2020) and strategic initiatives for Local Business Enterprise (LBE) engagement.

    ITEM 11A      

    • Informational presentation regarding the U.S. Army Corps of Engineers Flood Resiliency Study – Focused Array of Alternatives.

    ITEM 12A     

    • Informational presentation on PG&E Sediment Remedial Action Planning for Pier 39 to Pier 43½ offshore sediment.

    ITEM 13A      

    • Informational presentation on the Pier 70 shipyard and Memorandum of Understanding with the San Francisco Public Utilities Commission.