San Francisco Port Commission - February 28, 2017

    Agenda PDF
    Agenda full text

    SAN FRANCISCO PORT COMMISSION

     

    Willie Adams, President

    Kimberly Brandon, Vice President

    Leslie Katz, Commissioner

    Eleni Kounalakis, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director                     Amy Quesada, Manager

    Phone: 415-274-0400; Fax 415-274-0412          Phone: 415-274-0406; Fax 415-274-0412

     

    AGENDA

    TUESDAY, FEBRUARY 28, 2017

    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 Secretary’s Office located at Pier 1 during normal office hours.

     

    1. CALL TO ORDER / ROLL CALL

     

    1. APPROVAL OF MINUTES – February 14, 2017

     

    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) CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION MATTER (DISCUSSION AND POSSIBLE ACTION):

     

             a.   Discuss existing litigation pursuant to Section 54956.9(d)(1) of the California Government Code and Section 67.10(d)(1) of the San Francisco Administrative Code.

     

    Puglia Engineering, Inc. v. BAE Systems Ship Repair, BAE Systems San Francisco Ship Repair, Inc., City and County of San Francisco, and Does 1-20; San Francisco Superior Court (Case No. CGC-17-557087 filed February 15, 2017)

     

    Discussion of pending litigation and possible approval of a tolling and interim operating agreement between the Port and Puglia Engineering, Inc., under which the Pier 70 shipyard would remain in operation for a period of time, the Port would reserve all of its rights pending resolution of the above-referenced lawsuit and any other litigation related to the transfer of the shipyard, and the Port would defer or modify certain obligations of Lease No. L- 15875. 

     

    (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: AB 4110, lot 1; AB 4052; 4111, lots 3 and 4; also known as the Pier 70 Waterfront Site, a 28 acre site generally bounded by Illinois Street to the west, 20th Street to the north, the Bay to the east and private property to the south (AB 4175), located near the intersection of 22nd Street and Illinois.  Also including a City option to purchase privately-owned property comprised of AB 4110, lot 8A and AB 4120, lot 2, an approximately 3 acre parcel bounded by Illinois Street to the west, 22nd Street to the south, and Port property to the north (AB 4110, lot 1) and east (AB 4052).

     

         Person Negotiating: Port: Byron Rhett, Deputy Director, Planning and Development

         *Negotiating Parties: Forest City Development CA: Kevin Ratner

     

         Under Negotiations: ____ Price ____Terms of Payment     X    Both

         Pursuant to Resolution No. 11-49, the Port Commission awarded to the non-Port party an exclusive negotiation agreement with the Port for the lease and development of the property.  In this executive session, the Port's negotiator seeks direction from the Port Commission on base rent structure, financing mechanisms, and other factors affecting the form, manner, and timing of the developer’s payment in negotiations with the non-Port party for the lease and development of the property. The executive session will enable the Port Commission to develop a negotiating strategy tailored to maximize the City’s return based on these factors.  In particular, the executive session discussions 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 and to more effectively negotiate with the non-Port party on price and payment terms.

     

    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

     

    1. 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.

     

    1. 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 Commission Secretary. If you have any question regarding the agenda, please contact the Commission Secretary 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

    • Contracts Opportunities Open House – March 1, 2017 from 8-10 a.m. at Pier 1

     

    1. Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioner(s).

     

    10.    CONSENT

     

             All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Port Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or at a future hearing.

     

             A.     Request approval of travel for a San Francisco Port Commissioner to travel with Port Staff to Fort Lauderdale, Florida for the Seatrade Cruise Global Conference on March 14-17, 2017. (Resolution No. 17-09)

     

    B.     Request approval to issue a Request for Qualifications Soliciting As-Needed Public Relations, Communications, Media Services and Related Professional Services. (Resolution No. 17-10)

     

    11.    REAL ESTATE

     

             A.     Informational presentation regarding the proposed lease renewal with Golden Gate Scenic Steamship Corporation, located at Piers 43½ in Fisherman’s Wharf.

     

    12.    ENGINEERING

     

    A.     Request authorization to award Construction Contract No. 2784, Pier 23 Roof Repair Project, to Pioneer Contractors, Inc. in the amount of $2,269,800, and authorization for a contract contingency fund of 10% of the contract amount (or $226,980) for unanticipated contingencies, for a total authorization not to exceed $2,496,780. (Resolution No. 17-11)

     

    B.     Request for authorization to modify Construction Contract No. 2762R, Pier 31 Roof & Structural Repair Project, to increase the contract amount and extend the substantial completion date. (Resolution No. 17-12)

     

    13.    NEW BUSINESS

     

    14.    ADJOURNMENT

     

    Minutes PDF
    Minutes full text
    Supporting documents full text

    ITEM 10A.      Request approval of travel for a San Francisco Port Commissioner to travel with Port Staff to Fort Lauderdale, Florida for the Seatrade Cruise Global Conference on March 14-17, 2017. (Resolution No. 17-09)

     

    ITEM 10B.      Request approval to issue a Request for Qualifications Soliciting As-Needed Public Relations, Communications, Media Services and Related Professional Services. (Resolution No. 17-10)

     

    ITEM 11A.      Informational presentation regarding the proposed lease renewal with Golden Gate Scenic Steamship Corporation, located at Piers 43½ in Fisherman’s Wharf.

     

                            All Attachments

     

    ITEM 12A.      Request authorization to award Construction Contract No. 2784, Pier 23 Roof Repair Project, to Pioneer Contractors, Inc. in the amount of $2,269,800, and authorization for a contract contingency fund of 10% of the contract amount (or $226,980) for unanticipated contingencies, for a total authorization not to exceed $2,496,780. (Resolution No. 17-11)

     

    ITEM 1SB.     Request for authorization to modify Construction Contract No. 2762R, Pier 31 Roof & Structural Repair Project, to increase the contract amount and extend the substantial completion date. (Resolution No. 17-12)

    CONSENT

     

    ITEM 10A.      Request approval of travel for a San Francisco Port Commissioner to travel with Port Staff to Fort Lauderdale, Florida for the Seatrade Cruise Global Conference on March 14-17, 2017. (Resolution No. 17-09)

     

    ITEM 10B.      Request approval to issue a Request for Qualifications Soliciting As-Needed Public Relations, Communications, Media Services and Related Professional Services. (Resolution No. 17-10)

     

    REAL ESTATE

     

    ITEM 11A.      Informational presentation regarding the proposed lease renewal with Golden Gate Scenic Steamship Corporation, located at Piers 43½ in Fisherman’s Wharf.

     

                            All Attachments

     

    ENGINEERING

     

    ITEM 12A.      Request authorization to award Construction Contract No. 2784, Pier 23 Roof Repair Project, to Pioneer Contractors, Inc. in the amount of $2,269,800, and authorization for a contract contingency fund of 10% of the contract amount (or $226,980) for unanticipated contingencies, for a total authorization not to exceed $2,496,780. (Resolution No. 17-11)

     

    ITEM 12B.      Request for authorization to modify Construction Contract No. 2762R, Pier 31 Roof & Structural Repair Project, to increase the contract amount and extend the substantial completion date. (Resolution No. 17-12)