Agenda
Agenda full text
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, FEBRUARY 25, 2020
2:30 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.
- CALL TO ORDER / ROLL CALL
- APPROVAL OF MINUTES – February 11, 2020
- PUBLIC COMMENT ON EXECUTIVE SESSION
- EXECUTIVE SESSION
- 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/non-Port representative: (Discussion Items)
Person Negotiating: Port: Andre Coleman, Deputy Director, Maritime; Mark Lozovoy, Assistant Deputy Director
*Negotiating Parties: Matt Brasler, representing Bay Area Council
Under Negotiations: ___Price ___ Terms of Payment X Both
Port staff has been approached with a proposal from Bay Area Council for a new lease for the Historic Ferryboat KLAMATH at Pier 9. Port staff are evaluating the proposed terms including the proposed price and terms of payment for such new lease 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 new lease, 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.
b. Property: Pier 40, Bays 4 through 10; South Beach Harbor Dock Slips 59, 61, 63 S02 and S03
Person Negotiating: Port: Michael Martin, Deputy Director, Real Estate & Development; Jeff Bauer, Senior Leasing Manager; Crezia Tano-Lee, Manager, Business Strategy
*Negotiating Parties: Kathi Pugh, representing Bay Area Association of Disabled Sailors (BAADS)
Under Negotiations: ___Price ___ Terms of Payment X Both
Port staff is seeking to negotiate a new lease for the Bay Area Association of Disabled Sailors for the area generally between Bays 4 through 10 in Pier 40 as well as South Beach Harbor Dock Slips 59, 61, 63, S02 and S03. Port staff are evaluating the proposed terms including the proposed price and terms of payment for such new lease and the executive session discussion will be an opportunity for the Port Commission to provide negotiation direction regarding price and terms of payment and other factors affecting the form, manner and payment of consideration for a possible new lease, 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.
- RECONVENE IN OPEN SESSION
- Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.
- 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.
- PLEDGE OF ALLEGIANCE
- ANNOUNCEMENTS
- 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.
- 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.
- 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
- Executive Director’s Report
10. CONSENT
A. Request retroactive authorization to modify Construction Contract No. 2820, Downtown Ferry Terminal Gate B Canopy Repair Project, to extend the substantial and final completion date. (Resolution No. 20-09)
B. Request approval of the Port’s Fiscal Year (FY) 2020-21 and 2021-22 Biennial Operating Budget. (Resolution No. 20-10)
11. FINANCE & ADMINISTRATION
A. Request approval of the Port’s Fiscal Year (FY) 2020-21 and 2021-22 Biennial Capital Budget. (Resolution No. 20-11)
12. MARITIME
A. Informational presentation on the Financial and Operational Performance of South Beach Harbor.
13. REAL ESTATE & DEVELOPMENT
A. Request authorization for staff to enter into a 99-year ground lease for Parcel E2 at the appraised value of $5,000,000 (185 Maryland Street; Assessor’s Block 4116, Lot 008). (Resolution No. 20-07)
B. Request approval of Port-related transaction documents for the California Barrel Company LLC (CBC) mixed-use project located on the former Potrero Power Station site bounded by 23rd, Illinois and 22nd Streets and San Francisco Bay, including Port of San Francisco shoreline and adjacent lands referred to as portions of Seawall Lot 349, Pier 72 and 23rd Street, including: (1) consent to Development Agreement between the City and CBC; (2) approval of lease with CBC to use Port lands for public parks and open space and publicly accessible ways, including an option to impress a public trust easement on privately owned shoreline land and a portion of 23rd Street leading to the shoreline; (3) delegation of authority to Port’s Executive Director to enter into one or more Memoranda of Understandings with various City agencies, including the San Francisco Public Utilities Commission, the San Francisco Public Works Department and the Department of Building Inspection, relating to each agency’s role and responsibility; and (4) adoption of environmental findings, including a mitigation monitoring and reporting program and a statement of overriding considerations, pursuant to the California Environmental Quality Act. (Resolution No. 20-12)
14. NEW BUSINESS
MARCH 10, 2020
|
|
FACILITY/POLICY |
ITEM |
TITLE |
|
|
1 |
Portwide |
Informational |
Overview presentation by the San Francisco Ethics Commission Executive Director on recent updates to the City’s ethics laws and resources available to support compliance by City officials and employees |
|
|
2 |
Mission Bay Ferry Landing |
Action |
Authorization to advertise contract for third party Construction Management for the Mission Bay Ferry Landing Project at 16thStreet and Terry Francois Blvd. |
|
|
3 |
Portwide |
Action |
||
|
4 |
Pier 70 |
Action |
Retroactive authorization to modify Construction Contract No. 2810R Hazardous Building Materials Abatement project at Building 49, and Cranes 14 & 30, Pier 70, to extend the substantial and completion dates |
|
DATE TO BE DETERMINED
|
|
FACILITY/POLICY |
ITEM |
TITLE |
|
|
1 |
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 |
|
|
2 |
Pier 70 shipyard |
Informational |
Presentation regarding the Pier 70 shipyard |
|
|
3 |
Pier 80 |
Informational |
Update on PASHA Operations and Local Hire Performance at Pier 80 |
|
|
4 |
Portwide |
Informational |
Presentation on the Fisherman’s Wharf Community Benefit District’s local serving uses to Fisherman’s Wharf |
|
|
5 |
|
Informational |
Presentation to review (1) the results to date of the 2019 Federal and State Legislative Program and, (2) the Port’s Proposed 2020 Federal and State Legislative Program |
|
|
Portwide |
Action |
Approval of amendments to Port of San Francisco Tariff No. 5 (Rules, Regulations, Rates, and Charges) |
||
|
7 |
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 |
|
|
8 |
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 |
|
|
9 |
Mission Bay Ferry Landing |
Action |
Authorization to award Contract No. 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 |
|
|
10 |
Portwide |
Action |
Approval for Port Commission President Kimberly Brandon’s travel to New York City on May 6-7, 2020 to attend the American Association Port Authorities Commissioners Seminar |
|
|
11 |
Portwide |
Action |
Authorization to amend the Federal Cost Sharing Agreement (FCSA) between the U.S. Army Corps of Engineers and the Port for the Waterfront Flood Resiliency Study |
|
|
12 |
Mission Bay Ferry Landing |
Action |
Authorization to enter into a Supplemental Memorandum of Understanding between the Port of San Francisco and the San Francisco Bay Area Water Emergency Transportation Authority (“WETA”) related to WETA requesting a letter of no prejudice from the Metropolitan Transportation Commission and reimbursing Port from Regional Measure 3 Funds (“RM3”) once they are released and allocated for the Mission Bay Ferry Landing Project and setting forth certain business terms for a long-term lease for WETA’s use of the Mission Bay Ferry Landing, generally located at the terminus of 16th Street, near Terry Francois Boulevard, once RM3 funds are released and allocated |
|
MARCH 2020
CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC
|
DATE |
TIME |
GROUP |
LOCATION |
|
|
2:00 PM Closed Session 3:15 PM Open Session |
Port Commission |
Port Commission Hearing Room Ferry Building |
|
MAR. 24
|
2:00 PM Closed Session 3:15 PM Open Session |
Port Commission |
Port Commission Hearing Room 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 Demetri Amaro @ 415-274-0260 or demetri.amaro@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.
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.
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
Minutes full text
Supporting documents
Supporting documents full text
- Request retroactive authorization to modify Construction Contract No. 2820, Downtown Ferry Terminal Gate B Canopy Repair Project, to extend the substantial and final completion date. (Resolution No. 20-09)
- Request approval of the Port’s Fiscal Year (FY) 2020-21 and 2021-22 Biennial Operating Budget. (Resolution No. 20-10) Attachments
- Request approval of the Port’s Fiscal Year (FY) 2020-21 and 2021-22 Biennial Capital Budget. (Resolution No. 20-11) Attachments
- Informational presentation on the Financial and Operational Performance of South Beach Harbor.
- Request authorization for staff to enter into a 99-year ground lease for Parcel E2 at the appraised value of $5,000,000 (185 Maryland Street; Assessor’s Block 4116, Lot 008). (Resolution No. 20-07) Attachment
- Request approval of Port-related transaction documents for the California Barrel Company LLC (CBC) mixed-use project located on the former Potrero Power Station site bounded by 23rd, Illinois and 22nd Streets and San Francisco Bay, including Port of San Francisco shoreline and adjacent lands referred to as portions of Seawall Lot 349, Pier 72 and 23rd Street, including: (1) consent to Development Agreement between the City and CBC; (2) approval of lease with CBC to use Port lands for public parks and open space and publicly accessible ways, including an option to impress a public trust easement on privately owned shoreline land and a portion of 23rd Street leading to the shoreline; (3) delegation of authority to Port’s Executive Director to enter into one or more Memoranda of Understandings with various City agencies, including the San Francisco Public Utilities Commission, the San Francisco Public Works Department and the Department of Building Inspection, relating to each agency’s role and responsibility; and (4) adoption of environmental findings, including a mitigation monitoring and reporting program and a statement of overriding considerations, pursuant to the California Environmental Quality Act. (Resolution No. 20-12) Attachments