Agenda
Agenda full text
SAN FRANCISCO PORT COMMISSION
Kimberly Brandon, President
Willie Adams, Vice President
Leslie Katz, Commissioner
Doreen Woo Ho, Commissioner
Elaine Forbes, Executive Director Amy Quesada, Commission Affairs Manager
Office: 415-274-0400 Office: 415-274-0406
AGENDA
SPECIAL PORT COMMISSION MEETING
TUESDAY, FEBRUARY 27, 2018
2:30 PM CLOSED SESSION
3:15 OPEN SESSION
Pier 1, Port of San Francisco Office, Bayside Conference Rooms
The Embarcadero @ Washington Street, 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 – January 30, 2018 and February 13, 2018
3. PUBLIC COMMENT ON EXECUTIVE SESSION
4. EXECUTIVE SESSION
- Vote on whether to hold a closed session and invoke the attorney-client privilege.
(1) CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION MATTER AND PROPOSED SETTLEMENT (DISCUSSION AND POSSIBLE ACTION).
a. Discuss existing litigation pursuant to Section 54956.9(a) of the California Government Code and Section 67.10(d)(1) of the San Francisco Administrative Code.
California State Lands Commission, petitioner and plaintiff, v. City and County of San Francisco, et al., respondents and defendants; San Francisco Superior Court (Consolidated Case Nos.: CPF-14-513503 filed February 14, 2014 and CGC-14-540531 filed July 15, 2014)
b. Possible approval of a proposed settlement agreement with the California State Lands Commission, subject to Board of Supervisors and State Lands Commission approval. The material terms of the proposed settlement are as follows:
State Lands Commission agrees:
- to dismiss its lawsuit challenging the validity of Proposition B, which was adopted by voter initiative in the June 2014 municipal election
- not to challenge the validity of Proposition B as applied to the Pier 70 and Mission Rock projects
- to partner with the Port to seek funding for the Port’s Seawall Earthquake Safety Program
- to work with the Port to facilitate the placement of affordable housing on public trust lands where legally authorized
- not seek further reimbursement for State Lands Commission staff time spent reviewing the Pier 70 and Mission Rock project documents
The City agrees:
- to acknowledge that it is required to comply with the common law public trust doctrine and California Public Resources Code sections 6009 and 6009.1
- for Board of Supervisors legislation and Port Commission resolutions that approve a development project or substantial land use or zoning change on public trust lands, include public trust consistency findings in the legislation or resolutions
- to present to the Board of Supervisors a proposed ordinance amending the Elections Code to require that for voter initiatives that would approve a development project or substantial land use or zoning change on public trust lands, the ballot pamphlet include a statement that the measure involves the San Francisco waterfront, which includes sovereign lands that the State of California has legislatively granted to the City and which are protected by the common law public trust doctrine and held in trust for the People of the State of California
- CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION MATTER AND PROPOSED SETTLEMENT (DISCUSSION AND POSSIBLE ACTION).
- Discuss anticipated litigation matter pursuant to Section 54956.9(a) of the California Government Code and Section 67.10(d)(2) of the San Francisco Administrative Code: As Plaintiff
- Possible approval of a proposed settlement between the Port and Steph Mufson Creations (“Mufson”) for property damage to the Port’s electrical utility building at Pier 54 resulting from a motor vehicle collision. The material terms of the proposed settlement include Mufson’s payment of $40,000 to the Port, in exchange for the Port’s release of all claims against Mufson relating to damage to the building, including loss of use.
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
- 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.
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
- Informational presentation on Advancement and Updates to the Port of San Francisco Strategic Plan, 2017-2022.
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 authorization to advertise for competitive bids for construction, Contract 2786 Pier 94 Backlands Improvement. (This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.) (Resolution No. 18-14)
B. Request authorization to award Construction Contract No. 2771R Public Restrooms Project in Pier 45 Shed A and Islais Creek Park, to G.Y. Engineering Company, Inc., in the amount of $673,000, and authorization for a contract contingency fund of 10% of the contract amount (or $67,300) for unanticipated contingencies, for a total authorization not to exceed $740,300. (Resolution No. 18-17)
- Request approval to execute an amendment to the contract with AECOM Technical Services, Inc., to increase the contract amount by $770,000 for an amount of $4,079,396 and extend the contract term for master planning, preliminary design, and final design and construction support for Phase 1 of the Pier 70 Crane Cove Park project. (Resolution No. 18-18)
11. FINANCE & ADMINISTRATION
A. Request approval of the Port’s Fiscal Year (FY) 2018-19 and FY 2019-20 Biennial Operating Budget. (Resolution No. 18-15)
B. Request approval of the Port’s Fiscal Year (FY) 2018-19 and FY 2019-20 Biennial Capital Budget. (Resolution No. 18-16)
12. PLANNING & ENVIRONMENT
A. Informational presentation on completion and outcomes of the Part 2 Waterfront Land Use Plan Update public process, and initiation of Part 3 of the planning process.
13. REAL ESTATE & DEVELOPMENT
- Request adoption of the Final Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Alcatraz Ferry Embarkation Project (2017-000188ENV) located at Piers 31-33 on The Embarcadero at Bay Street (Site) pursuant to the California Environmental Quality Act; and
Request approval of three transaction documents: (1) a General Agreement between the Port and the National Park Service (NPS) for a thirty-year term with two ten-year options for use of the Site primarily as the embarkation to Alcatraz Island including: (2) a form lease with an initial ferry concessioner to be selected by NPS for site improvements and ferry services including from the Site to Alcatraz Island coterminous with the ferry concession contract; and (3) a lease with the Golden Gate National Parks Conservancy for site improvements and to operate visitor amenities including a visitor-contact station and café for a thirty-year term with two ten-year options coterminous with the General Agreement.
(This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).) (Resolution No. 18-19)
14. NEW BUSINESS
15. ADJOURNMENT
Minutes
Minutes full text
Supporting documents
Supporting documents full text
ITEM 9A Informational presentation on Advancement and Updates to the Port of San Francisco Strategic Plan, 2017-2022.
Attachment 1 – Proposed Changes to the Strategic Plan (Clean Version)
Attachment 1 – Proposed Changes to the Strategic Plan (Redlined Version)
Attachment 2 – List of Accomplishments
ITEM 10A Request authorization to advertise for competitive bids for construction, Contract 2786 Pier 94 Backlands Improvement. (This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.) (Resolution No. 18-14)
ITEM 10B Request authorization to award Construction Contract No. 2771R Public Restrooms Project in Pier 45 Shed A and Islais Creek Park, to G.Y. Engineering Company, Inc., in the amount of $673,000, and authorization for a contract contingency fund of 10% of the contract amount (or $67,300) for unanticipated contingencies, for a total authorization not to exceed $740,300. (Resolution No. 18-17)
ITEM 10C Request approval to execute an amendment to the contract with AECOM Technical Services, Inc., to increase the contract amount by $770,000 for an amount of $4,079,396 and extend the contract term for master planning, preliminary design, and final design and construction support for Phase 1 of the Pier 70 Crane Cove Park project. (Resolution No. 18-18)
ITEM 11A Request approval of the Port’s Fiscal Year (FY) 2018-19 and FY 2019-20 Biennial Operating Budget. (Resolution No. 18-15)
ITEM 11B Request approval of the Port’s Fiscal Year (FY) 2018-19 and FY 2019-20 Biennial Capital Budget. (Resolution No. 18-16)
ITEM 12A Informational presentation on completion and outcomes of the Part 2 Waterfront Land Use Plan Update public process, and initiation of Part 3 of the planning process.
Appendix A – Part 2 Final Report – Working Group Subcommittee Recommendations
ITEM 13A Request adoption of the Final Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (MMRP) for the Alcatraz Ferry Embarkation Project (2017-000188ENV) located at Piers 31-33 on The Embarcadero at Bay Street (Site) pursuant to the California Environmental Quality Act; and
Request approval of three transaction documents: (1) a General Agreement between the Port and the National Park Service (NPS) for a thirty-year term with two ten-year options for use of the Site primarily as the embarkation to Alcatraz Island including: (2) a form lease with an initial ferry concessioner to be selected by NPS for site improvements and ferry services including from the Site to Alcatraz Island coterminous with the ferry concession contract; and (3) a lease with the Golden Gate National Parks Conservancy for site improvements and to operate visitor amenities including a visitor-contact station and café for a thirty-year term with two ten-year options coterminous with the General Agreement.
(This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).) (Resolution No. 18-19)
Attachment A to Resolution - MMRP