San Francisco Port Commission - May 22, 2018

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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, MAY 22, 2018

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 – April 10, 2018 and May 8, 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 REGARDING EXISTING LITIGATION MATTER AND POSSIBLE SETTLEMENT (DISCUSSION AND POSSIBLE ACTION)

 

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

 

City and County Of San Francisco by and through its Port Commission, Plaintiff, vs. Affordable Self Storage, Inc., Defendant.  (San Francisco Superior Court Case Nos. CUD-18-661315 and CUD-18-661318) (Filed March 12, 2018)

 

Proposed Action: Approve the negotiated Settlement Agreement with Affordable Self Storage, Inc. (“Affordable Self Storage”), under which Affordable Self Storage will:  (i) pay all amounts due in delinquent rent; (ii) surrender the premises by August 15, 2018; (iii) until that date, comply with all terms and conditions of the Leases and the Settlement Agreement; and (iv) indemnify, release and hold Port harmless for defaults of the Settlement Agreement and claims by Affordable Self Storage or any of its customers.  In exchange, Port will: (i) forgive June rent; (ii) pay Affordable Self Storage $250,000; (iii) provide an additional incentive payment of $174,374.86 if Affordable Self Storage surrenders before the deadline; and (iv) not pursue the unlawful detainer actions.  The Settlement Agreement includes other terms as set forth in the Settlement Agreement on file with the Port Commission Secretary.

 

  1. CONFERENCE WITH LEGAL COUNSEL AND REAL PROPERTYNEGOTIATOR – 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: Railyard an approximately 455,416 square feet of land which comprises the Port’s Intermodal Container Transfer Facility (ICTF) including approximately 2,500 square feet of land for an office trailer, bounded by Cargo Way and Amador Street.

       

Person Negotiating: Port: Peter Dailey, Deputy Director, Maritime, Brendan O’Meara, Maritime Marketing Manager; Byron Rhett, Chief Operating Officer.

 

**Negotiating Parties: David Gavrich, President of San Francisco Bay Railroad, Michael Caprio, Area President, West Republic Services, Richard Normand Jr., Area Director Business Development, West, Republic Services.

 

Under Negotiations: ____Price _____Terms of Payment  X  Both.

An executive session has been calendared to give direction to staff regarding real estate negotiations for a proposed lease amendment to Lease No L-14397 and transfer for Port property located at the Port’s Intermodal Container Transfer Facility bounded by Cargo Way and Amador Street. In this Executive Session, the Port's negotiators will seek direction from the Port Commission regarding price and terms of payment, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease amendment 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.

     

  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. Executive Director’s Report

  2. Commendation for Port Commissioner Leslie Katz

  3. Bayview Gateway Community Art Celebration – May 25, 2018 at 11:30 a.m. at Islais Creek

  4. Celebration of San Francisco-Haifa Sister City Sculpture Installation – May 31, 2018 at 11 a.m. at Pier 27

     

  5. Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioner(s).

     

    10.    PLANNING & ENVIRONMENT

     

    A.     Request appproval of the Schematic Design for the parks in Phase 1 of Pier 70 Mixed-Use project at the 28-Acre Site (the southeast portion of SWL 349) as consistent with the requirements of the Disposition and Development Agreement with FC Pier 70, LLC, and the Pier 70 SUD Design for Development. (Resolution No. 18-32)

 

11.    ENGINEERING

 

A.     Request authorization to execute a modification to Construction Contract No. 2740, Crane Cove Park Surcharge and Site Preparation Project, to increase the contract scope and amount by the sum of $272,277 and to extend the substantial completion date. (Resolution No. 18-33)

 

12.    REAL ESTATE & DEVELOPMENT

 

A.     Request approval of First Amendment  to Lease L-13550 with Boudin Properties, Inc., located at 160 Jefferson Street, to provide for two (2) extension options of ten (10) years each, for an aggregate term until June 30, 2065, subject to Board of Supervisors’ approval. (Resolution No. 18-34)

 

13.    FINANCE & ADMINISTRATION

 

A.    Informational Presentation on Fiscal Year (FY) 2018-19 through FY 2022-23 Capital Improvement Program.

 

B.    Informational Presentation on Trends and Implications of the Port’s Audited Financial Statements and Future Financial Projections.

 

14.    NEW BUSINESS

 

15.    ADJOURNMENT

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PLANNING & ENVIRONMENT

 

ITEM 10A.    Request approval of the Schematic Design for the parks in Phase 1 of Pier 70 Mixed-Use project at the 28-Acre Site (the southeast portion of SWL 349) as consistent with the requirements of the Disposition and Development Agreement with FC Pier 70, LLC, and the Pier 70 SUD Design for Development. (Resolution No. 18-32)

 

                       Attachment – Site Plan

                      

ENGINEERING

 

ITEM 11A.    Request authorization to execute a modification to Construction Contract No. 2740, Crane Cove Park Surcharge and Site Preparation Project, to increase the contract scope and amount by the sum of $272,277 and to extend the substantial completion date. (Resolution No. 18-33)

 

                       Attachments A to C

 

REAL ESTATE & DEVELOPMENT

 

ITEM 12A.    Request approval of First Amendment  to Lease L-13550 with Boudin Properties, Inc., located at 160 Jefferson Street, to provide for two (2) extension options of ten (10) years each, for an aggregate term until June 30, 2065, subject to Board of Supervisors’ approval. (Resolution No. 18-34)

 

FINANCE & ADMINISTRATION

 

ITEM 13A.    Informational Presentation on Fiscal Year (FY) 2018-19 through FY 2022-23 Capital Improvement Program.

 

                       Attachment – CIP Program

 

ITEM 13B.    Informational Presentation on Trends and Implications of the Port’s Audited Financial Statements and Future Financial Projections.