San Francisco Port Commission - January 12, 2021

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

 

AGENDA

PORT COMMISSION MEETING

 

TUESDAY, JANUARY 12, 2020

1:45 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: 146-557-7545# 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/15

1.     CALL TO ORDER / ROLL CALL

  

2.     APPROVAL OF MINUTES – December 8, 2020

 

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 ANTICIPATED LITIGATION MATTERS. Discussion and possible action on anticipated litigation matter pursuant to Section 54956.9(d)(4) of the California Government Code and Section 67.10(d)(2) of the San Francisco Administrative Code with City as plaintiff regarding a lease of portions of the Pier 54 shed and pier space, with the Chinese Chamber of Commerce as tenant.

 

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)

 

1. Property: Hyde Street Pier

Persons Negotiating: Port: Michael Martin, Assistant Port Director Negotiating Parties: Dave Brouillette, Superintendent, San Francisco Maritime National Historical Park, National Park Service

 

Under Negotiations: __Price __Terms of Payment X Both

 

The Port and the National Park Service (“NPS”) are exploring a potential new agreement to replace the existing license for NPS to use Hyde Street Pier. In this executive session, the Port’s negotiator seeks direction from the Port Commission on factors affecting the price and terms of payment, including price structure and other factors affecting the form, manner and timing of payment of the consideration for the potential new agreement. The executive session discussions will enhance the capacity of the Port Commission during the 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 People of the State of California.

 

2. Property: Hi-Dive Restaurant, Pier 28 1/2 and The Embarcadero

Persons Negotiating: Port: Rebecca Benassini, Acting Deputy Director for Real Estate and Development; Kimberley Beal, Senior Property Manager

Negotiating Parties: John Caine, Sitting By, Inc.

 

Under Negotiations: __Price __Terms of Payment X Both

 

The Port and Sitting By, Inc. are negotiating a potential lease extension at the above-captioned property. In this executive session, the Port’s negotiators seek direction from the Port Commission on factors affecting the price and terms of payment, including price structure and other factors affecting the form, manner and timing of payment of the consideration for the potential lease extension. The executive session discussions will enhance the capacity of the Port Commission during the 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 People of the State of California.

 

3. Property: Pier 39 (Lease L-9707)

Persons Negotiating: Port: Michael Martin, Assistant Port Director, and Rebecca Benassini, Acting Deputy Director for Real Estate and Development

Negotiating Parties: Taylor Safford, Pier 39 Limited Partnership; Braxton Cahill, bay.org

 

Under Negotiations: __Price __Terms of Payment X Both

 

The Port, Pier 39 Limited Partnership and bay.org are negotiating a potential amendment to the subject lease to address rent obligations of the Aquarium of the Bay.  In this executive session, the Port’s negotiators seek direction from the Port Commission on factors affecting the price and terms of payment, including price structure and other factors affecting the form, manner and timing of payment of the consideration for the potential 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 terms that are most likely to maximize the benefits to the Port, the City and People of the State of California.

 

5.     RECONVENE IN OPEN SESSION

 

1. Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

 

2. 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 Officers

 

         B.   Executive Director’s Report

• Port Economic Recovery
  • Update on Port’s Shared Prosperity Model for Tenant Relief
• Equity 
• Other Key Project Updates
  • Water Resources Development Act (WRDA)
  • US Army Corps of Engineers 3x3 Waiver
  • Mission Rock Update

10.    CONSENT

         A.   Request an extension to March 31, 2021 of (1) a Memorandum of Understanding with the San Francisco Office of Economic and Workforce Development for use of Pier 29 as a central location to accept deliveries of Personal Protective Equipment and its subsequent distribution to San Francisco nonprofits and (2) the deferral of rent for such use as it supports City’s public health response to the COVID-19 crisis. (Resolution 21-01)

11.    FINANCE & ADMINISTRATION

         A.   Request authorization to award contracts to (1) Larkin Street Youth Services and (2) R D J Enterprises, LLC for Youth Employment Program for Maintenance at Port Facilities, each contract in an amount not to exceed $530,000. (Resolution 21-02)

12.    REAL ESTATE & DEVELOPMENT

         A.   Informational presentation providing updates on the mixed-use development nearing completion on Seawall Lot 322-1(the “Site”) located at Broadway and Front Streets, which development consists of 125 affordable housing units and ancillary ground level uses; sponsored by the Mayor’s Office of Housing and Community Development and undertaken by BRIDGE Housing and the John Stewart Company as Co-Developers.

13.    PLANNING & ENVIRONMENT

         A.   Informational presentation and update on the San Francisco Municipal Transportation Agency (SFMTA) Embarcadero Enhancement Project and related projects in support of the city’s Vision Zero traffic safety goals.

14.    NEW BUSINESS

15.    ADJOURNMENT

 

 

PROPOSED AGENDA

SUBJECT TO CHANGE

 

FEBRUARY 9, 2021

 

	FACILITY/POLICY	ITEM		TITLE
1	Heron’s Head Park		Action	Request authorization to Execute a Memorandum of Understanding with Hanson Aggregates Mid-Pacific, Inc., a Delaware corporation, Accepting a Donation of Beach Material with an Estimated Value of $417,000, subject to Board of Supervisors’ approval
2	Pier 94 Wetlands		Action	Request authorization to Amend existing no-fee License No. 15210 with Golden Gate Audubon Society to extend the term by nine years to continue to plant and maintain native plants near the Pier 94 Wetlands at Seawall Lot 352
3	Portwide		Action	Request Authorization to Advertise for Competitive Bids for Five Year Maintenance Dredging Construction Contract
4	Pier 70		Action	Request authorization to issue a Request for Proposals (RFP) for the adaptive rehabilitation, reuse, lease and operation of two historic structures - the former ‘Kneass Building’ and ‘Building 49’ - both located in the Pier 70 Area adjacent to Crane Cove Park generally along Illinois Street between 18th and 19th Streets
5	Pier 70		Action	Request approval of (1) the proposed Declaration of Restrictions (DOR) between the Port and 64 PKN Owner, LLC for Access Area for emergency pedestrian egress and a Clearance Zone for fire separation for the proposed mixed-use development on Pier 70 Parcel K North; and (2) the termination of the DOR upon Port Commission’s dedication of the proposed 20th Street Plaza as a park; and (3) the expression of intent to dedicate the park at acceptance, allowing the park to be deemed a “public way” as defined in Port Building Code; and (4) provide for each proposed park in Mission Rock and Pier 70 Waterfront Special Use Districts to be publicly dedicated upon acceptance, to similarly serve as a “public way” for Building Code purposes
6	Pier 70		Action	Request authorization to amend the Port’s Harbor Traffic Code allowing certain parking restrictions within Pier 70 area east of Illinois Street to support future development at Pier 70
7	Piers 30-32 & Seawall Lot 330		Action	Request authorization to enter into Exclusive Negotiation Agreement with Strada TCC Partners, LLC for the lease and development of a mixed-use project including commercial, residential, retail, maritime and public access uses for Piers 30-32 and Seawall Lot 330
8	Portwide		Informational	Presentation regarding Waterfront Resilience Program (WRP) Local Business Enterprise (LBE) subcontracting and WRP equity actions
9	Portwide		Informational	Presentation regarding the Waterfront Resilience Program Alternatives Development Strategy and Proposed Decision Framework
10	Portwide		Informational	Presentation on the Port’s Fiscal Year (FY) 2021-22 and 2022-23 Biennial Operating and Capital Budgets
11	Portwide		Informational	Presentation on the Port’s Fiscal Year (FY) 2020-21 Capital Supplemental Appropriation
12	Portwide		Informational	Presentation on the Port’s Ten Year Capital Plan, Fiscal Years (FY) 2022-2031

 

FEBRUARY 23, 2021

 

1	Portwide	Action	Request approval of the Port’s Fiscal Year (FY) 2021-22 and 2022-23 Biennial Operating and Capital Budgets
2	Portwide	Action	Request approval of the Port’s Fiscal Year (FY) 2020-21 Capital Supplemental Appropriation
3	Portwide	Action	Request approval of the Port’s Ten Year Capital Plan, Fiscal Years (FY) 2022-2031
4	Piers 38-40	Action	Request authorization to enter into Exclusive Negotiation Agreement with Pacific Waterfront Partners III LLC. for the lease and development of a mixed-use project including commercial, retail, maritime and public access uses for Piers 38 & 40 and adjacent water areas

 

 

DATE TO BE DETERMINED

 

	FACILITY/POLICY	ITEM		TITLE
1	Portwide		Informational	Informational presentation to review (1) the results to date of the 2020 Federal and State Legislative Program and, (2) the Port’s Proposed 2021 Federal and State Legislative Program
3	Portwide		Informational	Presentation on the suspension of cruise ships and the impact to the Port of San Francisco
4	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
5	Pier 80		Informational	Update on PASHA Operations and Local Hire Performance at Pier 80
6	Pier 70 Historic Core		Informational	Presentation on formation of a Community Facilities District (CFD) over the Pier 70 Historic Core area (including Buildings 14, 101, 102, 104, and 113-116 located at Pier 70)
7	Pier 70, Parcel K North Plaza		Informational	Presentation of the Schematic Design of the Parcel K North plaza located at the southeast corner of 20th and Illinois Streets
8	Pier 70		Action	Approval of resolution directing staff to seek issuance of the first Pier 70 Lease Properties Community Facilities District bond from the Board of Supervisors
9	Portwide		Action	Approval of amendments to Port of San Francisco Tariff No. 5 (Rules, Regulations, Rates, and Charges)
10	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
11	Mission Bay Ferry Landing		Informational	Presentation on proposed lease with Water Emergency Transportation Authority Transportation to lease and operate the Mission Bay Ferry Landing for ferry service
12	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

 

FEBRUARY / MARCH 2021

CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

 

DATE	TIME	GROUP	LOCATION
FEB. 9	2:00 PM Closed Session 3:15 PM Open Session	Port Commission	VIRTUAL MEETING
FEB. 23	2:00 PM Closed Session 3:15 PM Open Session	Port Commission	VIRTUAL MEETING
MAR. 9	2:00 PM Closed Session 3:15 PM Open Session	Port Commission	VIRTUAL MEETING
MAR. 23	2:00 PM Closed Session 3:15 PM Open Session	Port Commission	VIRTUAL MEETING

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 @ 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 @ 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 @ 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 @ 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 @ 415-749-2516 or marc.slutzkin@sfgov.org.

ACCESSIBLE MEETING INFORMATION POLICY

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.

ITEM 10A       

• Request an extension to March 31, 2021 of (1) a Memorandum of Understanding with the San Francisco Office of Economic and Workforce Development for use of Pier 29 as a central location to accept deliveries of Personal Protective Equipment and its subsequent distribution to San Francisco nonprofits and (2) the deferral of rent for such use as it supports City’s public health response to the COVID-19 crisis. (Resolution 21-01)

ITEM 11A      

• Request authorization to award contracts to (1) Larkin Street Youth Services and (2) R D J Enterprises, LLC for Youth Employment Program for Maintenance at Port Facilities, each contract in an amount not to exceed $530,000. (Resolution 21-02) Attachment

ITEM 12A     

• Informational presentation providing updates on the mixed-use development nearing completion on Seawall Lot 322-1(the “Site”) located at Broadway and Front Streets, which development consists of 125 affordable housing units and ancillary ground level uses; sponsored by the Mayor’s Office of Housing and Community Development and undertaken by BRIDGE Housing and the John Stewart Company as Co-Developers.

ITEM 13A     

• Informational presentation and update on the San Francisco Municipal Transportation Agency (SFMTA) Embarcadero Enhancement Project and related projects in support of the city’s Vision Zero traffic safety goals. Attachment