Agenda
Agenda full text
SAN FRANCISCO PORT COMMISSION
Willie Adams, President
Kimberly Brandon, Vice President
Leslie Katz, Commissioner
Doreen Woo Ho, Commissioner
| Elaine Forbes, Executive Director Phone: 415-274-0400; Fax 415-274-0412 |
Amy Quesada, Manager Phone: 415-274-0406; Fax 415-274-0412 |
AGENDA
TUESDAY, JULY 11, 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 Affairs Manager’s Office located at
Pier 1 during normal office hours.
1. CALL TO ORDER / ROLL CALL
2. APPROVAL OF MINUTES – June 13, 2017
3. PUBLIC COMMENT ON EXECUTIVE SESSION
4. EXECUTIVE SESSION
| A. | Vote on whether to hold a closed session and invoke the attorney-client privilege. |
| (1) | CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION MATTER AND POSSIBLE PARTIAL SETTLEMENT (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 Inc., BAE Systems San Francisco Ship Repair Inc., BAE Systems, Inc., City and County of San Francisco, and Does 1-20; San Francisco Superior Court (Case No. CGC-17-557087 filed February 15, 2017) |
| b. | Possible approval of a settlement of the Port’s potential claims against BAE Systems Ship Repair Inc. and certain affiliated BAE entities (“BAE”) for alleged breach of lease. The material terms of the proposed settlement include: (i) BAE’s payment to the Port of cash in the amount of $4,900,000; (ii) neither the Port’s nor BAE’s admission of any liability or indication that any of the claims or allegations made by them have any merit or lack of merit; (iii) the Port reconfirming its consent to the sale of BAE Systems San Francisco Ship Repair Inc.; (iv) the Port’s assignment to BAE of certain claims against Puglia Engineering, Inc. and/or BAE Systems San Francisco Ship Repair Inc.; (v) the mutual release of claims between the Port and BAE; and (vi) BAE’s limited release of a new shipyard operator from claims BAE might have on account of BAE being found liable for any pension obligation that accrued while BAE owned BAE Systems San Francisco Ship Repair Inc. |
| (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/non-Port representative: (Discussion Item): |
| a. | Property: Boudin Properties located at Seawall Lot 301 at Fisherman’s Wharf Person Negotiating: Port: Michael Martin, Deputy Director, Real Estate and Development *Negotiating Parties: Boudin: Lou Giraudo Under Negotiations: ____ Price ____Terms of Payment X Both An executive session has been calendared to give direction to staff regarding real estate negotiations for the proposed lease of Port property located at SWL 301 at Fisherman’s Wharf. In this Executive Session, the Port's negotiators will seek direction from the Port Commission regarding price and terms of payment, including term, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease in order to 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. |
| b. | 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: Byron Rhett, Senior Deputy Director, Chief Operating Officer *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
- Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.
- 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
- 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.
- 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
- Executive Director's Report
- Commendation for Mabal Bhat, Port Electrical Engineer, on his retirement
- San Francisco Symphony Free Concert on the Waterfront – Sunday, July 23, 2017 from 12 noon to 2 p.m. at the Pier 27 Cruise Plaza
- Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioner(s).
10. CONSENT
- Request authorization to award Construction Contract No. 2783, Pier 31 Utility & Restroom Project, to KCK Builders, Inc. in the amount of $2,494,000, and authorization for a contract contingency fund of 10% of the contract amount (or $249,400) for unanticipated contingencies, for a total authorization not to exceed $2,743,400. (Resolution No. 17-29)
- Request adoption of amendments to the 2016 Port of San Francisco Green Building Standards Code with an effective date of July 15, 2017. (Resolution No. 17-30)
11. MARITIME
- Informational presentation on proposed policy to allow retail fish sales from commercial fishing boats at Fisherman’s Wharf Harbor.
- Request authorization to issue a Request for Proposals (“RFP”) for the Lease and Operation of the Shipyard located at Piers 68 and 70 and Seawall Lot 349 near 20th Street and Illinois Street, including Dry Dock Eureka and Dry Dock #2 (the “Shipyard”). (Resolution No. 17-31)
12. REAL ESTATE & DEVELOPMENT
- Informational update on the Fireboat Station 35 Expansion at Pier 22½.
- Informational presentation on a recent study of parking trends around Seawall Lots 322-1, 323, 324 and 321 and parking and transportation options after three of the lots’ parking stalls are removed to develop the lots to meet the goals/objectives of the Waterfront Land Use Plan.
- Informational presentation regarding the Transportation Plan, Infrastructure Plan and Sustainability Strategy for the Mission Rock Development Project at Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay (AB 8719/Lot 002; AB 9900/Lots 048, 048H, & 62).
13. FINANCE & ADMINISTRATION
- Request for authorization to award contracts to (1) Bonner Communications, (2) D&A Communications, and (3) Next Steps Marketing Inc., for as-needed public relations, communications, and media services, each contract in an amount not to exceed $300,000. (Resolution No. 17-32)
- Request for authorization to award contracts to (1) AEW Engineering, Inc., (2) Northgate/AGS Joint Venture, and (3) SCA Environmental, Inc., for as-needed environmental and related professional services, each contract in an amount not to exceed $1,000,000. (Resolution No. 17-33)
- Informational presentation regarding the Request for Proposals (RFP) for Planning, Engineering, and Environmental Services for the Seawall Resiliency Project.
14. NEW BUSINESS
15. ADJOURNMENT
Minutes
Minutes full text
Supporting documents
Supporting documents full text
CONSENT
ITEM 10A Request authorization to award Construction Contract No. 2783, Pier 31 Utility & Restroom Project, to KCK Builders, Inc. in the amount of $2,494,000, and authorization for a contract contingency fund of 10% of the contract amount (or $249,400) for unanticipated contingencies, for a total authorization not to exceed $2,743,400. (Resolution No. 17-29)
ITEM 10B Request adoption of amendments to the 2016 Port of San Francisco Green Building Standards Code with an effective date of July 15, 2017. (Resolution No. 17-30)
MARITIME
ITEM 11A Informational presentation on proposed policy to allow retail fish sales from commercial fishing boats at Fisherman’s Wharf Harbor.
ITEM 11B Request authorization to issue a Request for Proposals (“RFP”) for the Lease and Operation of the Shipyard located at Piers 68 and 70 and Seawall Lot 349 near 20th Street and Illinois Street, including Dry Dock Eureka and Dry Dock #2 (the “Shipyard”). (Resolution No. 17-31)
REAL ESTATE & DEVELOPMENT
ITEM 12A Informational update on the Fireboat Station 35 Expansion at Pier 22½.
ITEM 12B Informational presentation on a recent study of parking trends around Seawall Lots 322-1, 323, 324 and 321 and parking and transportation options after three of the lots’ parking stalls are removed to develop the lots to meet the goals/objectives of the Waterfront Land Use Plan.
ITEM 12C Informational presentation regarding the Transportation Plan, Infrastructure Plan and Sustainability Strategy for the Mission Rock Development Project at Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay (AB 8719/Lot 002; AB 9900/Lots 048, 048H, & 62).
FINANCE AND ADMINISTRATION
ITEM 13A Request for authorization to award contracts to (1) Bonner Communications, (2) D&A Communications, and (3) Next Steps Marketing Inc., for as-needed public relations, communications, and media services, each contract in an amount not to exceed $300,000. (Resolution No. 17-32)
Attachment – Contract Monitoring Division Memo
ITEM 13B Request for authorization to award contracts to (1) AEW Engineering, Inc., (2) Northgate/AGS Joint Venture, and (3) SCA Environmental, Inc., for as-needed environmental and related professional services, each contract in an amount not to exceed $1,000,000. (Resolution No. 17-33)
Attachment – Contract Monitoring Division Memo
ITEM 13C Informational presentation regarding the Request for Proposals (RFP) for Planning, Engineering, and Environmental Services for the Seawall Resiliency Project.