San Francisco Port Commission - May 9, 2017

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    SAN FRANCISCO PORT COMMISSION

     

    Willie Adams, President

    Kimberly Brandon, Vice President

    Leslie Katz, Commissioner

    Eleni Kounalakis, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director            Amy Quesada, Commission Affairs Manager

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

     

    AGENDA

    TUESDAY, MAY 9, 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 – April 11, 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)   Discussion and vote in open session whether to meet in closed session regarding the following matter pursuant to California Government Code §54957(b) and San Francisco Administrative Code §67.10(d) (Discussion and possible action).

     

                PUBLIC EMPLOYEE APPOINTMENT/HIRING

     

        



     

    Title/Description of position to be filled:  Chief Harbor Engineer

     

    (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/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.

     

    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

    • Update on the San Francisco Chamber City Trip to Washington, D.C. – April 26-28, 2017
    • Downtown San Francisco Ferry Terminal Expansion Project Groundbreaking Ceremony – May 11, 2017 at 10 a.m. at Gate E located on the Southeast of the Ferry Building

     

    1. 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 an exemption from the Port’s Retail Leasing Policy and approval of two five-year leases with two existing Pier 40 retail tenants: the Bike Hut Foundation, a California 501(c) (3) Non-Profit Organization (Lease Number L-16019) (Resolution 17-20); and Ted Choi, a Sole Proprietorship Doing Business as City Kayak (Lease Number L- 16028). (Resolution No. 17-21)

     

             B.     Request approval of a First Amendment to Lease No. L-15908 for premises located at Pier 33½ in the Northern Waterfront between the Port of San Francisco and Queen’s Louisiana Po’-Boy Café, LLC (“Queen’s”) to retroactively extend the rent-free construction period and extend the Term of the Lease. (Resolution No. 17-22)

     

    11.    FINANCE & ADMINISTRATION

     

    1. Informational presentation on the Seawall Finance Working Group.

     

    12.    REAL ESTATE

     

             A.     Request approval of an Eight (8) Year Lease (No. L-16159) between the Port of San Francisco and IDEO, LP for approximately 26,901 square feet of office space located at the Pier 26 Annex Building, subject to Board of Supervisors’ approval. (Resolution No. 17-18)

     

    13.    PLANNING & DEVELOPMENT

     

             A.     Informational presentation regarding the Pier 70 Special Use District Transaction Structure between: (1) the Port and Forest City Development California, Inc. 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); (2) the Port and Third Parties for the “20th/Illinois Parcel” along Illinois Street at 20th Street (Assessor’s Block 4110/Lot 001); and (3) the City and a Third Party for Pacific Gas and Electric 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).

     

    B.     Informational presentation providing quarterly update on the Port’s FY 2016-17 Federal and State Legislation Program.

     

    14.    NEW BUSINESS

     

    15.    ADJOURNMENT

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    ITEM 10A       Request an exemption from the Port’s Retail Leasing Policy and approval of two five-year leases with two existing Pier 40 retail tenants: the Bike Hut Foundation, a California 501(c) (3) Non-Profit Organization (Lease Number L-16019) (Resolution 17-20); and Ted Choi, a Sole Proprietorship Doing Business as City Kayak (Lease Number L- 16028). (Resolution No. 17-21)

     

                            Exhibit A - Map

     

    ITEM 10B       Request approval of a First Amendment to Lease No. L-15908 for premises located at Pier 33½ in the Northern Waterfront between the Port of San Francisco and Queen’s Louisiana Po’-Boy Café, LLC (“Queen’s”) to retroactively extend the rent-free construction period and extend the Term of the Lease. (Resolution No. 17-22)

     

    ITEM 11A       Informational presentation on the Seawall Finance Working Group.

     

    ITEM 12A       Request approval of an Eight (8) Year Lease (No. L-16159) between the Port of San Francisco and IDEO, LP for approximately 26,901 square feet of office space located at the Pier 26 Annex Building, subject to Board of Supervisors’ approval. (Resolution No. 17-18)

     

    ITEM 13A.      Informational presentation regarding the Pier 70 Special Use District Transaction Structure between: (1) the Port and Forest City Development California, Inc. 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); (2) the Port and Third Parties for the “20th/Illinois Parcel” along Illinois Street at 20th Street (Assessor’s Block 4110/Lot 001); and (3) the City and a Third Party for Pacific Gas and Electric 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 13B.      Informational presentation providing quarterly update on the Port’s FY 2016-17 Federal and State Legislation Program.