San Francisco Port Commission - January 11, 2022

Virtual Meeting
    Agenda full text

    SAN FRANCISCO PORT COMMISSION

    Kimberly Brandon, President
    Willie Adams, Vice President
    John Burton, Commissioner
    Gail Gilman, Commissioner
    Doreen Woo Ho, Commissioner

     
    Elaine Forbes, Executive Director        Carl Nicita, Commission Affairs Manager
    Office: 415-274-0400                Office: 415-274-0406

    AGENDA
    PORT COMMISSION MEETING

    TUESDAY, JANUARY 11, 2022
    2:30 P.M. CLOSED SESSION
    3:15 P.M. OPEN SESSION

    Port of San Francisco
    Pier 1
    San Francisco CA 94111

    Due to the COVID-19 health emergency and to protect our Port Commissioners, Port Staff, and members of the public, the Port Commission Meeting Room at the Ferry Building is closed. This meeting is being held by teleconference pursuant to the Governor’s Executive Order N-29-20 and the Fifth Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency. 

    Individuals are encouraged to participate in the meetings remotely by calling during the public comment section of the meeting. Visit the SFGovTV website (https://sfgovtv.org/sfgovtv-live-events) to stream the live meetings or watch them on demand at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92 

    TO STREAM THE LIVE MEETING:

    https://sfgovtv.org/sfgovtv-live-events

    TO MAKE PUBLIC COMMENT:

    Dial 415-655-0001 
    Participant Code: 2494-990-4632#

    When prompted, press *3 to be added to the public comment queue.    
    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/Explanatory Documents available to the public and provided to the Port Commission are posted on the Port’s Website at https://sfport.com/meetings 

    1.     CALL TO ORDER / ROLL CALL
      
    2.     APPROVAL OF MINUTES – December 14, 2021

    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)   
     
    Discuss anticipated litigation matter pursuant to California Government Code Section 54956.9(d)(2) and (d)(4) and San Francisco 
    Administrative Code Section 67.10(d)(2) (Discussion and possible action): 
     
    _X_ As Defendant         _X_ As Plaintiff 
     
    Discussion of anticipated litigation by and among the Port, Chevron Environmental Management Company, BP Remediation Management, Phillips 66 Company, and Union Pacific Railroad related to contaminated sediments in the vicinity of the Mission Bay Ferry Landing site and Pier 64 and possible action approving an extension of an existing tolling agreement.

    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 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. Please note that during the public comment period, the moderator will instruct dial-in participants to use a touch-tone phone to register their desire for public comment. Audio prompts will signal to dial-in participants when their Audio Input has been enabled for commenting. Please dial in when the item you wish to comment on is announced.

    8.    PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

    9.    EXECUTIVE

          A.    Election of Port Commission President and Vice President
        
          B.     Executive Director’s Report 

    • 2021 Impact and Port Strategy

    10.    CONSENT

        A.    Request approval of a resolution adopting findings under new State urgency legislation to allow remote meetings during the COVID-19 emergency; continuing remote meetings for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 22-01)

        B.    Request authorization to advertise for competitive bids for Construction Contract No. 2841, Heron’s Head Shoreline Resilience. (Resolution 22-02) 

        C.    Request authorization to award a sole source contract for the testing and re-commissioning of the shoreside power system at the James R. Herman Cruise Terminal in the amount of $400,000 and a four-year term. (Resolution 22-03)

    11.    PLANNING & ENVIRONMENT

        A.    Request approval of a Cost Reimbursement Agreement between the City and County of San Francisco and Pacific Gas & Electric for Management of Residual Petroleum Hydrocarbons on City Property within the shoreline and submerged land along the former Potrero Power Plant and Pier 70 in San Francisco. (Resolution 22-04)

    12.    REAL ESTATE & DEVELOPMENT

        A.    Informational presentation and update on the Port’s pilot Mobile Vending Program.

    13.    NEW BUSINESS

    14.    ADJOURNMENT 

    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 at https://sfport.com/meetings/15. Contact Carl Nicita at (415) 274-0406 or carl.nicita@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

    Due to the COVID-19 pandemic, the Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meetings are on hold. Contact Demetri Amaro at (415) 274-0260 or demetri.amaro@sfport.com.  

    During the COVID-19 pandemic, the Maritime Commerce Advisory Committee (MCAC) meets virtually every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. Contact Dominic Moreno at (415) 850-6819 or dominic.moreno@sfport.com.

    During the COVID-19 pandemic, the Northern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of odd-numbered months. Contact Patrick Foster at patrick.foster@sfport.com or check our website at https://sfport.com/community for more information. 

    During the COVID-19 pandemic, the Southern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of even-numbered months. Contact Mark Paez at mark.paez@sfport.com or check our website at https://sfport.com/community for more information.

    During the COVID-19 pandemic, 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 Dan Hodapp at (415) 274-0625 or dan.hodapp@sfport.com 

    During the COVID-19 pandemic, 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 Wendy Proctor, Port’s ADA Coordinator at (415) 274-0592 or via email at wendy.proctor@sfport.com or Carl Nicita at (415) 274-0406 or via email at carl.nicita@sfport 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.
     

    Supporting documents full text

    ITEM 10A     Request approval of a resolution adopting findings under new State urgency legislation to allow remote meetings during the COVID-19 emergency; continuing remote meetings for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 22-01)

    ITEM 10B     Request authorization to advertise for competitive bids for Construction Contract No. 2841, Heron’s Head Shoreline Resilience. (Resolution 22-02) 

    ITEM 10C     Request authorization to award a sole source contract for the testing and re-commissioning of the shoreside power system at the James R. Herman Cruise Terminal in the amount of $400,000 and a four-year term. (Resolution 22-03)

    ITEM 11A     Request approval of a Cost Reimbursement Agreement between the City and County of San Francisco and Pacific Gas & Electric for Management of Residual Petroleum Hydrocarbons on City Property within the shoreline and submerged land along the former Potrero Power Plant and Pier 70 in San Francisco. (Resolution 22-04)

    Attachments

    ITEM 12A     Informational presentation and update on the Port’s pilot Mobile Vending Program.

    Attachments