San Francisco Port Commission - December 11, 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, DECEMBER 11, 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 – November 13, 2018

     

    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 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 43½, located at Taylor St. and the Little Embarcadero

    Persons Negotiating:  Port: Michael Martin, Deputy Director Real Estate and Development

    **Negotiating Parties: Golden Gate Scenic – Red & White Fleet: Joe Burgard, Executive Vice President

     

    Under Negotiations: __Price ___Terms of Payment X Both

    The Port and Red & White Fleet are negotiating business terms for the use of Pier 43½ as a long-term lease for a ferry excursion embarkation site for passenger service onto the San Francisco Bay.  In this executive session, the Port’s negotiator seeks direction form the Port Commission on factors affecting the price and terms of payment, including price structure, financing mechanisms and other factors affecting the form, manner and timing of payment of the consideration for the property interests.  The executive session discussions will enhance the capacity of the Port Commission during the public deliberations and actions to set the price and payment term that are most likely to maximize the benefits to the Port, the City and People of the State of California. 

     

        b.    Property:  One Ferry Plaza, a portion of the Ferry Plaza at the Embarcadero and Market Street

            Persons Negotiating:  Port: Michael Martin, Deputy Director Real Estate and Development

            **Negotiating Parties:  Alfred Tom, Ferry Plaza Limited Partnership

           

            Under Negotiations: __Price ___Terms of Payment X Both

    The Port and Ferry Plaza Limited Partnership (“FPLP”) are negotiating an amendment to FPLP’s existing lease for the property.  In this executive session, the Port’s negotiator seeks direction form the Port Commission on factors affecting the price and terms of payment, including price structure, financing mechanisms and other factors affecting the form, manner and timing of payment of the consideration for the lease amendment.  The executive session discussions will enhance the capacity of the Port Commission during the public deliberations and actions to set the price and payment term that are most likely to maximize the benefits to the Port, the City and People of the State of California FPLP restaurant transaction with JMA.

              

    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, 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.

     

    B.  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

    A.    Executive Director’s Report

    • Port’s Response to the Ferry Building Ferry Terminal Dock Incident – November 23, 2018
    • In Memoriam – Bernie McDonald, Volunteer Cruise Ship Greeter

     

    B.   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 for retroactive authorization to modify Construction Contract No. 2791, Roundhouse Two Elevator Modernization Project to extend the substantial completion and final completion dates. (Resolution No. 18-63)

     

    11.    PLANNING & ENVIRONMENT

    A.  Informational presentation on Citywide Resilience Efforts.

    B.  Request authorization to award a contract to Environmental Science Associates to provide California Environmental Quality Act (CEQA) review of the Waterfront Plan Update Project in an amount not to exceed $1,000,000, with an initial term of four years. (Resolution No. 18-64)

     

    12.   REAL ESTATE & DEVELOPMENT

             A.     Informational presentation on summary of responses received to the Request for Interest for Public Oriented Concepts in the Embarcadero Historic District Facilities.

             B.     Informational presentation regarding the proposed terms of a new 30-year lease with Golden Gate Scenic Steamship Corporation located at Pier 43½ in Fisherman’s Wharf.

     

    13.    MARITIME

             A.     Request approval of amendments to the following three agreements with San Francisco Bay Railroad, Inc. (“SFBR”) relating to rail operations to extend the term of each agreement until December 31, 2033 (with one five (5) year mutual option) and to make other changes: (1) a first amendment to Amended and Restated Lease No. L-14397 (“Lease”) of the Intermodal Container Transfer Facility located at 100 Cargo Way to adjust rent including Port’s participation in a sale; (2) an amended and restated equipment Lease No. 14502 of two locomotives including the Port’s new grant-funded locomotive for monthly lease payments; and (3) an amendment and restatement of Rail Agreement No. 14503 to require SFBR to perform a baseline repair project at its cost (Resolution No. 18-65)

     

    14.    NEW BUSINESS

     

    15.    ADJOURNMENT

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    CONSENT

     

    ITEM 10A.     Request for retroactive authorization to modify Construction Contract No. 2791, Roundhouse Two Elevator Modernization Project to extend the substantial completion and final completion dates. (Resolution No. 18-63)

     

    PLANNING & ENVIRONMENT

     

    ITEM 11A.     Informational presentation on Citywide Resilience Efforts.

     

    ITEM 11B.     Request authorization to award a contract to Environmental Science Associates to provide California Environmental Quality Act (CEQA) review of the Waterfront Plan Update Project in an amount not to exceed $1,000,000, with an initial term of four years. (Resolution No. 18-64)

                     

                            Attachments

     

    REAL ESTATE & DEVELOPMENT

     

    ITEM 12A.     Informational presentation on summary of responses received to the Request for Interest for Public Oriented Concepts in the Embarcadero Historic District Facilities.

     

    ITEM 12B.     Informational presentation regarding the proposed terms of a new 30-year lease with Golden Gate Scenic Steamship Corporation located at Pier 43½ in Fisherman’s Wharf.

    Exhibits

    MARITIME

     

    ITEM 13A.     Request approval of amendments to the following three agreements with San Francisco Bay Railroad, Inc. (“SFBR”) relating to rail operations to extend the term of each agreement until December 31, 2033 (with one five (5) year mutual option) and to make other changes: (1) a first amendment to Amended and Restated Lease No. L-14397 (“Lease”) of the Intermodal Container Transfer Facility located at 100 Cargo Way to adjust rent including Port’s participation in a sale; (2) an amended and restated equipment Lease No. 14502 of two locomotives including the Port’s new grant-funded locomotive for monthly lease payments; and (3) an amendment and restatement of Rail Agreement No. 14503 to require SFBR to perform a baseline repair project at its cost (Resolution No. 18-65)