Agenda
Agenda full text
SAN FRANCISCO PORT COMMISSION
Kimberly Brandon, President
Gail Gilman, Vice President
Willie Adams, Commissioner
Stephen Engblom, Commissioner
Steven Lee, Commissioner
Elaine Forbes, Executive Director Jenica Liu, Commission Affairs Manager
Office: 415-274-0400 Office: 415-274-0406
AGENDA
PORT COMMISSION MEETING
TUESDAY, AUGUST 13, 2024
2:00 P.M. CLOSED SESSION
3:15 P.M. OPEN SESSION
PORT COMMISSION HEARING ROOM
FERRY BUILDING, SECOND FLOOR
SAN FRANCISCO, CA 94111
This meeting will be held in person at the location listed above. Members of the public may attend the meeting to observe and provide public comment at the physical meeting location listed above or online at https://sfgovtv.org/sfgovtv-live-events. Instructions for providing remote public comment are below.
TO STREAM THE LIVE MEETING:
https://sfgovtv.org/sfgovtv-live-events
TO LISTEN TO THE LIVE MEETING AND MAKE PUBLIC COMMENT REMOTELY:
Dial 1-415-655-0001 United States Toll (San Francisco)
Access Code: 2661 977 3798 ##
Dial *3 to be added to the public comment queue for the item you would like to speak on.
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 and other Explanatory Documents provided to the Port Commission are available for public inspection at the Pier 1 Reception Desk and posted on the Port’s website at https://sfport.com/meetings.
1. CALL TO ORDER / ROLL CALL / RAMAYTUSH OHLONE LAND ACKNOWLEDGEMENT
2. APPROVAL OF MINUTES – JULY 16, 2024
3. PUBLIC COMMENT ON EXECUTIVE SESSION
4. EXECUTIVE SESSION
A. Vote on whether to hold a closed session and to invoke the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.
(1) CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION MATTER (Discussion and Possible Action)
(a) Discuss anticipated litigation matter pursuant to California Government Code Section 54956.9(d)(4) and San Francisco Administrative Code Section 67.10(d)(2) (Discussion and possible action):
___ As Defendant X As Plaintiff
Discussion of anticipated litigation by and between the Port and Bauer’s Intelligent Transportation, Inc. related to events of default in connection with Port Leases L-16206, L-15004 and Parking Agreement No. 003805 at 401 Terry Francois Boulevard, Pier 50 Shed A and Shed C, and Pier 96, respectively.
(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/Port representative: (Discussion Item)
(a) Property: Pier 92 and Pier 94
Person Negotiating: Port: Andre Coleman, Deputy Director, Maritime; Demetri Amaro, Maritime Business Development
Negotiating Parties: Martin Stratte representing Martin-Marietta
Under Negotiation: ___Price ___ Terms of Payment X Both
Price and Terms of transfer fee payment for Port Leases L-12839 (Pier 92) & L13002 (Pier 94) from HBMA Holdings, LLC to Martin Marietta Northern California Aggregates, LLC. In October 2021, Martin Marietta Northern California Aggregates, LLC. (“Martin Marietta”) acquired HBMA Holdings, LLC (“Hanson”) West Region business, including the lease agreements between the Port of San Francisco (“Port”) and Hanson. Now, Martin Marietta seeks retroactive consent to the transfer of the Leases to their organization. Port staff are evaluating the proposed consent to transfer including the proposed price and terms of payment, disposition of tenant improvements, and other factors affecting the form, manner and payment of consideration for a possible consent to transfer that is most likely to maximize the benefits to the Port, the City, and the People of the State of California.
(b) Property: Pier 15/17
Person Negotiating: Port: Sandra Oberle, Senior Property Manager, Real Estate
Under Negotiations: ___Price ___ Terms of Payment X Both
Port staff are negotiating the extension of the Pier 17 construction commencement date with Exploratorium. The executive session discussion will be an opportunity for the Port Commission to provide negotiation direction 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
A. Announcement of Prohibition of Sound Producing Electronic Devices during the Meeting: Please be advised that the ringing of and use of cell phones and similar sound-producing electronic devices are prohibited at this meeting. The Chair may order the removal from the meeting room of any person responsible for the ringing of or use of a cell phone or other similar sound-producing electronic device.
B. Announcement of Time Allotment for Public Comments: Please be advised that a member of the public has up to three minutes to make public comments on each agenda item unless the Port Commission adopts a shorter period on any item. Public comment must be in respect to the current agenda item. For in-person public comment, please fill out a speaker card and hand it to the Port Commission Affairs Manager. For remote public comment, instructions are on the first page of this agenda. During public comment, dial *3 to be added to the queue. An audio prompt will signal when it is your turn to speak.
8. PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA
Public comment is permitted on any matter within Port jurisdiction that is not an agenda item. No Port Commission action can be taken on any matter raised 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
A. Executive Director’s Report
• Economic Recovery
• Equity
• Key Project Updates
10. CONSENT
A. Request authorization to advertise a Request for Proposals for Heron’s Head biological and physical monitoring related to marsh restoration projects. (Resolution 24-34)
B. Request for approval of an extension of the Lease Disposition and Development Agreement with TZK Broadway, LLC, a California limited liability company (“TZK”) for the proposed development of a hotel with approximately 192 rooms, a dinner-theater, a 14,000-square-foot public open space, and ancillary uses (the “Development” or “Project”) at Seawall Lots 323/324 and portions of unimproved Vallejo and Davis Street right-of-ways on the west side of The Embarcadero at Vallejo by an additional twelve months. (Resolution 24-35)
11. FINANCE & ADMINISTRATION
A. Request authorization to advertise a Request for Qualifications for Equity Support Services. (Resolution 24-36)
12. REAL ESTATE & DEVELOPMENT
A. Request Approval of Proposed Rental Assistance Program for Pier 54 Tenants Relocating on Port Property Due to Closure of the Pier. (Resolution 24-37)
13. NEW BUSINESS
14. ADJOURNMENT
NOTES:
The San Francisco Port Commission meets regularly on the second Tuesday of every month, plus the fourth Tuesday of February and April, at 3:15 p.m. unless otherwise noticed. The Commission Agenda and staff reports are posted on the Port’s Website at https://sfport.com/about/port-commission. Contact Jenica Liu at (415) 274-0406 or jenica.liu@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 Advisory Committee (FWAC) has been established and meets the first Wednesday of each odd numbered month from 9:00 a.m. to 11:00 a.m. Contact Ming Yeung at ming.yeung@sfport.com.
The Maritime Commerce Advisory Committee (MCAC) meets every other month, on the third Thursday of the month, between 11:30 a.m. and 1:00 p.m. at Pier 1 and virtually. Contact Dominic Moreno at (415) 850-6819 or dominic.moreno@sfport.com.
The Northern Advisory Committee (NAC) meets on the third Wednesday of odd-numbered months at 5:30 p.m. at Pier 1 and virtually. Contact Patrick Foster at patrick.foster@sfport.com or check our website at https://sfport.com/community for more information.
The Southern Advisory Committee (SAC) meets on the fourth Wednesday of every month at 6:00 p.m. at the Southeast Community Center, 1550 Evans Avenue, and virtually. Contact Mark Paez at mark.paez@sfport.com or check our website at https://sfport.com/community for more information.
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 Ryan Wassum at ryan.wassum@sfport.com.
The Mission Bay Citizens Advisory Committee meets virtually on the second Thursday of the month at 5:00 p.m. Contact Marc Slutzkin at (415) 749-2516 or marc.slutzkin@sfgov.org.
ACCESSIBLE MEETING INFORMATION POLICY
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 Melanie Kung, Port’s ADA Coordinator at (415) 629-4461 or via email at melanie.kung@sfport.com or Jenica Liu at (415) 274-0406 or via email at jenica.liu@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, Lucinda Hom at (415) 274-0400 or email her at lucinda.hom@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 Lucinda Hom al 415-274-0400. 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 Lucinda Hom 415-274-0400。
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 Lucinda Hom sa 415-274-0400. 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 Lucinda Hom 415-274-0400. 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
Minutes full text
Supporting documents
Supporting documents full text
ITEM 10A. Request authorization to advertise a Request for Proposals for Heron’s Head biological and physical monitoring related to marsh restoration projects. (Resolution 24-34)
ITEM 10B. Request for approval of an extension of the Lease Disposition and Development Agreement with TZK Broadway, LLC, a California limited liability company (“TZK”) for the proposed development of a hotel with approximately 192 rooms, a dinner-theater, a 14,000-square-foot public open space, and ancillary uses (the “Development” or “Project”) at Seawall Lots 323/324 and portions of unimproved Vallejo and Davis Street right-of-ways on the west side of The Embarcadero at Vallejo by an additional twelve months. (Resolution 24-35)
ITEM 11A. Request authorization to advertise a Request for Qualifications for Equity Support Services. (Resolution 24-36)
ITEM 12A. Request Approval of Proposed Rental Assistance Program for Pier 54 Tenants Relocating on Port Property Due to Closure of the Pier. (Resolution 24-37)