San Francisco Port Commission - June 13, 2017

Agenda PDF
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SAN FRANCISCO PORT COMMISSION

 

Willie Adams, President

Kimberly Brandon, 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

 

AGENDA

TUESDAY, JUNE 13, 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

 

  1. APPROVAL OF MINUTES – May 23, 2017

 

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 EXISTING LITIGATION MATTER (DISCUSSION):

 

a.   Discuss existing litigation matter pursuant to Section 54956.9(d)(1) of the California Government Code and Section 67.10(d)(1) of the City and County of 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)

 

  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: 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.

 

b.    Property: SWL 344 (the “Backlands”) located at Amador Street and Cargo Way and/or Pier 96

Person Negotiation: Port: Peter Dailey, Deputy Director, Maritime

Negotiating Parties: BMW: Tony H. Kepano, Vice Chairman,

CBRE/ Advisory and Transaction Services for BMW

 

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 344 (the “Backlands”) and/or Pier 96.  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.

 

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

  • Commendation for former Port Commissioner Eleni Kounalakis
  • Port Commissioner Leslie Katz - San Francisco Business Times Most Influential Women, Class 2017
  • Port Commissioner Kimberly Brandon Reappointment - Approved by the Board of Supervisors on June 6, 2017, for term ending May 1, 2021
  • Port Commission President Willie Adams – Featured in The Sun-Reporter’s Father’s Day Special Edition (June 15, 2017) “Leading Men” in the Bay Area’s African American Community
  • 25th Street Navigation Center Ground Breaking - May 24, 2017
  • Update on the Embarcadero/Drumm & Jackson Streets Sewer Improvements Project

 

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 of the Fiscal Year 2017-18 Monthly Rental Rate Schedule, Monthly Parking Stall Rates, Special Events and Filming Rates. (Resolution No. 17-26)

 

B.     Request approval of Executive Director’s nominations of Hilary Hubbard, Paul Switenki, Joe Igber, Noelle Yuen, and Ken Lindberg for appointment to the five member Port Building Code Review Board. (Resolution No. 17-27)

       

         C.     Request authorization to award Construction Contract No. 2766R, Piers 94-96 Storm Drain and Outfalls Repairs Project, to Trinet Construction, Inc. in the amount of $1,242,400, and authorization for a contract contingency fund of 10% of the contract amount (or $124,240) for unanticipated contingencies, for a total authorization not to exceed $1,366,640. (Resolution No. 17-28)

       

11.    PLANNING & ENVIRONMENTAL

 

A.     Informational presentation on a proposed 2-year temporary art installation at the Pier 27 Cruise Terminal Plaza, sponsored by the Arts Commission as part of the Haifa/San Francisco Sister City Program.

 

12.    REAL ESTATE & DEVELOPMENT

 

  1. Informational presentation regarding the Financing Plan for the 28-Acre Site, located between 20th, Michigan, and 22nd Streets and San Francisco Bay (Assessor’s Block 4052/Lot 001 and Lot 002 and Block 4111/Lot 003 and Lot 004) and the “20th/Illinois Parcel” along Illinois Street at 20th Street (Assessor’s Block 4110/Lot 001) in Pier 70 and Pacific Gas and Electric (“PG&E”) Company-owned parcel subject to a City option to purchase called the “Hoedown Yard,” at Illinois and 22nd Streets (Assessor’s Block 4120/Lot 002 and Block 4110/Lot 008A)
  2. Informational presentation regarding the Design Controls 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.    NEW BUSINESS

 

14.    ADJOURNMENT

 

Minutes PDF
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Supporting documents full text

CONSENT

                           

ITEM 10A.           Request approval of the Fiscal Year 2017-18 Monthly Rental Rate Schedule, Monthly Parking Stall Rates, Special Events and Filming Rates. (Resolution No. 17-26)

                              All Exhibits

ITEM 10B.           Request approval of Executive Director’s nominations of Hilary Hubbard, Paul Switenki, Joe Igber, Noelle Yuen, and Ken Lindberg for appointment to the five member Port Building Code Review Board. (Resolution No. 17-27)

                           

Exhibit 1 – Resumes

 

ITEM 10C.           Request authorization to award Construction Contract No. 2766R, Piers 94-96 Storm Drain and Outfalls Repairs Project, to Trinet Construction, Inc. in the amount of $1,242,400, and authorization for a contract contingency fund of 10% of the contract amount (or $124,240) for unanticipated contingencies, for a total authorization not to exceed $1,366,640. (Resolution No. 17-28)

                           

 

PLANNING & ENVIRONMENTAL

 

ITEM 11A.           Informational presentation on a proposed 2-year temporary art installation at the Pier 27 Cruise Terminal Plaza, sponsored by the Arts Commission as part of the Haifa/San Francisco Sister City Program.

 

 

REAL ESTATE & DEVELOPMENT

 

ITEM 12A.           Informational presentation regarding the Financing Plan for the 28-Acre Site, located between 20th, Michigan, and 22nd Streets and San Francisco Bay (Assessor’s Block 4052/Lot 001 and Lot 002 and Block 4111/Lot 003 and Lot 004) and the “20th/Illinois Parcel” along Illinois Street at 20th Street (Assessor’s Block 4110/Lot 001) in Pier 70 and Pacific Gas and Electric (“PG&E”) Company-owned parcel subject to a City option to purchase called the “Hoedown Yard,” at Illinois and 22nd Streets (Assessor’s Block 4120/Lot 002 and Block 4110/Lot 008A)

 

ITEM 12B.           Informational presentation regarding the Design Controls 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)

 

Exhibit A – Site Map