San Francisco Port Commission - January 8, 2019

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    SAN FRANCISCO PORT COMMISSION

     

    Kimberly Brandon, President

    Willie Adams, Vice President

    Gail Gilman, Commissioner

    Victor Makras, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director         Amy Quesada, Commission Affairs Manager

    Office: 415-274-0400                                 Office: 415-274-0406

     

    AGENDA

    PORT COMMISSION MEETING

     

    TUESDAY, JANUARY 8, 2019

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

     

    1. CALL TO ORDER / ROLL CALL

       

    2. APPROVAL OF MINUTES – December 11, 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: Java House LLC, located at Pier 40½, under Lease L-14100

    Person NegotiatingPort: Michael Martin, Deputy Director, Real Estate and Development

    *Negotiating Parties: Paul Osmundson, Frankie’s Java House, LLC;

    Michael Heffernan, Frankie’s Java House, LLC; and Sophia Papadopoulos, Java House, LLC

     

    Under Negotiations: ___Price ___ Terms of Payment  X Both.

    Port staff has been approached with a proposal to extend Lease No. L-14100 with Java House, LLC in connection with a potential sale transaction.  Port staff are evaluating the proposed terms including the proposed price and terms of payment for such an extension and the executive session discussion will be an opportunity for the Port Commission to provide negotiation direction regarding price and terms of payment, improvements, rental rate resets, participation in sale proceeds and other factors affecting the form, manner and payment of consideration for a possible extension, and which in turn 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.

     

    (2)   CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION MATTER (DISCUSSION AND POSSIBLE ACTION)

           

    1. Discuss anticipated litigation matter and possible settlement pursuant to Section 54956.9(d)(4) of the California Government Code and Section 67.10(d)(2) of the City and County of San Francisco Administrative Code. _____ As Defendant __X_ As Plaintiff

     

                  Proposed Settlement Agreement with South End Rowing Club (“SERC”) under which:  (i) SERC will pay Port back rent due under Lease No. L-11843 (“Lease”) in an amount of $11,105 (after a rent credit of $30,000 representing one-half of the cost of dock construction work); (ii) Port will waive all remaining back rent and late charges; (iii) Port will enter into a Memorandum of Understanding (“MOU”) with the Department of Recreation and Park (“RPD”) for the dock and the Lease will terminate and SERC will become a subtenant of RPD on the commencement date of the MOU; and (iv) the parties will mutual release claims against the other.  The Settlement Agreement includes other terms as set forth in the Settlement Agreement on file with the Port Commission Secretary.

     

    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.

       

    2. 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

     

    1. Election of Port Commission Officers

     

    1. Executive Director’s Report

      • Commendation for Renée Dunn Martin, Port’s Director of Communications, on her retirement

      • San Francisco Giants Reclaim the Green Glove Award

      • In Memoriam - Mike Denman, Founder of the Ramp Restaurant

      • In Memoriam – Floristine Johnson, Retired Port Executive Secretary
         

    2. Informational presentation on proposed changes to the Port’s 5-year Strategic Plan.

    3. 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 (1) apply for, accept, and expend up to $300,000 in Proposition K Sales Tax funds for Downtown Ferry Terminal – Pedestrian Circulation Improvements from the San Francisco County Transportation Authority; (2) enter into one or more Standard Grant Agreements with the San Francisco County Transportation Authority for the Downtown Ferry Terminal – Pedestrian Circulation Improvements; and (3) enter into a Memorandum of Understanding between the Port of San Francisco and the San Francisco Bay Area Water Emergency Transportation Authority for delivery of the Downtown Ferry Terminal – Passenger Circulation Improvements. (Resolution No. 19-01)

     

             B.     Request approval to issue a Request for Proposals to solicit youth employment services organizations for a maximum of two contracts to administer the Port’s Youth Employment Program, each contract with a term of four years. (Resolution No. 19-02)

     

    11.   MARITIME

     

             A.     Update on the retail fish sales from boats at Fisherman’s Wharf.

     

    12.    REAL ESTATE & DEVELOPMENT

     

             A.     Project Update for the Pier 70 Historic Core Pursuant to Port’s Lease Disposition and Development Agreement and Master Lease L-15814 with Historic Pier 70, LLC (aka, Orton Development, Inc.).

     

    13.   FINANCE & ADMINISTRATION

     

             A.     Informational presentation on the Port’s Five-Year Financial Plan for Fiscal Year 2019-20 to 2023-24.

     

             B.     Informational presentation on the Port’s 10-Year Capital Plan for FY 2019-20 to FY 2028-29.

     

    14.    ENGINEERING

     

             A.     Request adoption of Protest and Appeal Process for Personal Wireless Service Facilities Site Permits. (Resolution No. 19-03)

     

    15.    NEW BUSINESS

     

    16.    ADJOURNMENT

     

    Minutes PDF
    Minutes full text
    Supporting documents full text

    EXECUTIVE

     

    ITEM 9C       Informational presentation on proposed changes to the Port’s 5-year Strategic Plan.

                           Attachment

    CONSENT

     

    ITEM 10A      Request authorization to (1) apply for, accept, and expend up to $300,000 in Proposition K Sales Tax funds for Downtown Ferry Terminal – Pedestrian Circulation Improvements from the San Francisco County Transportation Authority; (2) enter into one or more Standard Grant Agreements with the San Francisco County Transportation Authority for the Downtown Ferry Terminal – Pedestrian Circulation Improvements; and (3) enter into a Memorandum of Understanding between the Port of San Francisco and the San Francisco Bay Area Water Emergency Transportation Authority for delivery of the Downtown Ferry Terminal – Passenger Circulation Improvements. (Resolution No. 19-01)

     

                           Attachments

     

    ITEM 10B      Request approval to issue a Request for Proposals to solicit youth employment services organizations for a maximum of two contracts to administer the Port’s Youth Employment Program, each contract with a term of four years. (Resolution No. 19-02)

     

    MARITIME

     

    ITEM 11A      Update on the retail fish sales from boats at Fisherman’s Wharf.

     

    REAL ESTATE & DEVELOPMENT

     

    ITEM 12A      Project Update for the Pier 70 Historic Core Pursuant to Port’s Lease Disposition and Development Agreement and Master Lease L-15814 with Historic Pier 70, LLC (aka, Orton Development, Inc.).

     

    FINANCE & ADMINISTRATION

     

    ITEM 13A     Informational presentation on the Port’s Five-Year Financial Plan for Fiscal Year 2019-20 to 2023-24.

     

                           Attachment

     

    ITEM 13B      Informational presentation on the Port’s 10-Year Capital Plan for FY 2019-20 to FY 2028-29.

     

                      Attachment

     

    ENGINEERING

     

    ITEM 14A      Request adoption of Protest and Appeal Process for Personal Wireless Service Facilities Site Permits. (Resolution No. 19-03)