San Francisco Port Commission - January 30, 2018

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    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

     

    SPECIAL PORT COMMISSION MEETING

     

    TUESDAY, JANUARY 30, 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.

     

    1. CALL TO ORDER / ROLL CALL

     

    1. APPROVAL OF MINUTES – January 9, 2018

     

    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 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 8719, Lot 002, also known as Seawall Lot 337, AB 9900, Lot 62, also known as China Basin Park, and AB 9900, Lot 048 and AB 9900, Lot 048H, also known as Pier 48 (all bounded generally by China Basin, the San Francisco Bay, Mission Rock Street, and Third Street)

            Person Negotiating: Port: Michael Martin, Deputy Director, Real Estate & Development

                    *Negotiating Parties: SWL 337 Associates, LLC: Jack Bair

     

                   Under Negotiations: ____ Price ____Terms of Payment     X    Both

                   Pursuant to Resolution No. 10-32, 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 payment of the consideration 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 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 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

    • 2017 Port Employees of the Year

     

    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 approval to issue a Request for Proposals Soliciting Technical Support Services for the Pier 70 and Mission Rock Special Use Districts. (Resolution No. 18-02)

     

    11.    REAL ESTATE & DEVELOPMENT

     

             A.     Request (1) adoption of environmental findings, including a mitigation monitoring and reporting program and a statement of overriding considerations, pursuant to the California Environmental Quality Act; (2) approval of a Disposition and Development Agreement with Seawall Lot 337 Associates, LLC, and the attached forms of Master Lease, Vertical Disposition and Development Agreement, and Parcel Lease, for development of Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay; (3) approval of a Public Trust Study and adoption of public trust consistency findings. (Resolution No. 18-03)

     

                      Request (1) consent to zoning amendments to establish the Mission Rock Special Use District over Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay and related amendments to the City’s General Plan; and (2) approval of the Mission Rock Design Controls. (Resolution No. 18-04)

     

                      Request approval of amendments to the Waterfront Land Use Plan and its Design and Access Element. (Resolution No. 18-05)

                      Request consent to a Development Agreement between the City and County of San Francisco and Seawall Lot 337 Associates, LLC, for the Mission Rock Project. (Resolution No. 18-06)

     

                      Request approval of a Memorandum of Understanding between the Port and other City Agencies regarding Interagency Cooperation for the Mission Rock Project.  (Resolution No. 18-07)

     

                      Request recommendation to the Board of Supervisors to (1) establish, authorize the issuance of bonds, and otherwise implement Sub-Project Area I-1 to I-13 within Project Area I (Mission Rock) of the City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco) and (2) establish one or more Special Tax Districts. (Resolution No. 18-08)

     

                      Request (1) approval of a Memorandum of Understanding between the Port and the City’s Controller and Treasurer and Tax Collector to implement the Financing Plan in the Disposition and Development Agreement; and (2) recommendation to the Board of Supervisors to appoint the Port Commission as the agent of the Infrastructure Financing District and one or more Special Tax Districts. (Resolution No. 18-09)

     

                      Request approval of a 10-year lease with China Basin Ballpark Company, LLC for parking and special event use at Pier 48, located east of Terry A. Francois Blvd., south of China Basin Channel and north of Pier 50. (Resolution No. 18-10)

     

    12.    NEW BUSINESS

     

    13.    ADJOURNMENT

    Minutes PDF
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    Supporting documents full text

    ITEM10A.        Request approval to issue a Request for Proposals Soliciting Technical Support Services for the Pier 70 and Mission Rock Special Use Districts. (Resolution No. 18-02)

     

                              Attachment – CMD Memo

     

    ITEM 11A        Request (1) adoption of environmental findings, including a mitigation monitoring and reporting program and a statement of overriding considerations, pursuant to the California Environmental Quality Act; (2) approval of a Disposition and Development Agreement with Seawall Lot 337 Associates, LLC, and the attached forms of Master Lease, Vertical Disposition and Development Agreement, and Parcel Lease, for development of Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay; (3) approval of a Public Trust Study and adoption of public trust consistency findings. (Resolution No. 18-03)

     

                              Request (1) consent to zoning amendments to establish the Mission Rock Special Use District over Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay and related amendments to the City’s General Plan; and (2) approval of the Mission Rock Design Controls. (Resolution No. 18-04)

     

                              Request approval of amendments to the Waterfront Land Use Plan and its Design and Access Element. (Resolution No. 18-05)

     

                              Request consent to a Development Agreement between the City and County of San Francisco and Seawall Lot 337 Associates, LLC, for the Mission Rock Project. (Resolution No. 18-06)

     

                              Request approval of a Memorandum of Understanding between the Port and other City Agencies regarding Interagency Cooperation for the Mission Rock Project.  (Resolution No. 18-07)

     

                              Request recommendation to the Board of Supervisors to (1) establish, authorize the issuance of bonds, and otherwise implement Sub-Project Area I-1 to I-13 within Project Area I (Mission Rock) of the City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco) and (2) establish one or more Special Tax Districts. (Resolution No. 18-08)

     

                              Request (1) approval of a Memorandum of Understanding between the Port and the City’s Controller and Treasurer and Tax Collector to implement the Financing Plan in the Disposition and Development Agreement; and (2) recommendation to the Board of Supervisors to appoint the Port Commission as the agent of the Infrastructure Financing District and one or more Special Tax Districts. (Resolution No. 18-09)

     

                              Request approval of a 10-year lease with China Basin Ballpark Company, LLC for parking and special event use at Pier 48, located east of Terry A. Francois Blvd., south of China Basin Channel and north of Pier 50. (Resolution No. 18-10)

                          

                              Resolution Nos. 18-03 to 18-10