San Francisco Port Commission - November 8, 2022

Hybrid (in person and virtual)
    Agenda full text

    SAN FRANCISCO PORT COMMISSION

    Willie Adams, President
    Kimberly Brandon, Vice President
    John Burton, Commissioner
    Gail Gilman, Commissioner
    Steven Lee, Commissioner
     

    Elaine Forbes, Executive Director        Carl Nicita, Commission Affairs Manager
    Office: 415-274-0400                Office: 415-274-0406

    AGENDA
    PORT COMMISSION MEETING

    TUESDAY, NOVEMBER 8, 2022
    2:30 P.M. CLOSED SESSION
    3:15 P.M. OPEN SESSION

    PORT COMMISSION HEARING ROOM
    FERRY BUILDING, SECOND FLOOR 
    SAN FRANCISCO, CA 94111

    This meeting will be held in person at the location listed above. As authorized by California Government Code Section 54953(e) and Mayor Breed’s 45th Supplement to her February 25, 2020 emergency proclamation, it is possible that some members of Port Commission may attend this meeting remotely. In that event, those members will participate and vote by video. Members of the public may attend the meeting to observe and provide public comment at the physical meeting location listed above or online at https://sfgovtv.org/sfgovtv-live-events. Instructions for providing remote public comment are below.

    TO STREAM THE LIVE MEETING:

    https://sfgovtv.org/sfgovtv-live-events

    TO LISTEN TO THE LIVE MEETING AND MAKE PUBLIC COMMENT REMOTELY:

    Dial 415-655-0001 
    Participant Code: 2495-238-0579#

    When prompted, dial *3 to be added to the public comment queue.

        
    If you are in the public comment queue, an audio prompt will indicate when it is your turn to speak.

    Public comment is limited to 3:00 minutes and must be in respect to the current agenda item.

    When making public comment, please:
    •    Ensure you are in a quiet location
    •    Turn off any TV’s or radios around you
    •    Speak Clearly 

    The Port Commission Agenda as well as Staff Reports and other Explanatory Documents provided to the Port Commission are available for public inspection at the Pier 1 Reception Desk and posted on the Port’s website at https://sfport.com/meetings.

    1.     CALL TO ORDER / ROLL CALL / RAMAYTUSH OHLONE LAND ACKNOWLEDGEMENT
      
    2.     APPROVAL OF MINUTES – October 11, 2022

    3.    PUBLIC COMMENT ON EXECUTIVE SESSION

    4.    EXECUTIVE SESSION

    A.     Vote on whether to hold a closed session and to invoke the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.

    (1)    CONFERENCE WITH 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)

    Property: Seawall Lot 345, located on Terry A. Francois Boulevard at Mariposa Street   
    Person Negotiating: Port: Rebecca Benassini, Deputy Director of Real Estate and Development and consultant Seifel Consulting
    Negotiating Parties: Arvind Patel, St. Francis Marine Center and Ramp Restaurant Company
    Under Negotiation: __ Price __ Terms of Payment _X_ Both 

    In this executive session, the Port’s negotiators seek direction from the Port Commission on factors affecting the price and terms of payment for rent in a new or amended lease for the abovementioned property.  The executive session discussions will enhance the capacity of the Port Commission during the 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
     
    A.   Announcement of Prohibition of Sound Producing Electronic Devices during the Meeting: Please be advised that the ringing of and use of cell phones and similar sound-producing electronic devices are prohibited at this meeting. The Chair may order the removal from the meeting room of any person responsible for the ringing of or use of a cell phone or other similar sound-producing electronic device.

    B.    Announcement of Time Allotment for Public Comments: Please be advised that a member of the public has up to three minutes to make public comments on each agenda item unless the Port Commission adopts a shorter period on any item. Public comment must be in respect to the current agenda item. For in-person public comment, please fill out a speaker card and hand it to the Port Commission Affairs Manager. For remote public comment, instructions are on the first page of this agenda. During public comment, the moderator will instruct you to dial *3 to be added to the queue. An audio prompt will signal when it is your turn to speak. 

    8.        PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

    Public comment is permitted on any matter within Port jurisdiction that is not an agenda item. No Commission action can be taken on any matter raised 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 
            •    Economic Recovery
                  o    Legislative Update
            •    Equity
            •    Key Project Updates

    10.    CONSENT

        A.    Request approval of a resolution adopting findings under State urgency legislation to allow certain members of this body to attend meetings remotely during the COVID-19 emergency; continuing to allow certain members to attend remotely for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 22-51)

        B.    Request approval to enter into direct negotiations on a sole source basis with Hotaling & Co., LLC for a retail use at Pier 50 Shed B. (Resolution 22-52)

        C.    Request approval of a proposed new lease with Autodesk, Inc., a Delaware corporation (“Autodesk”), for approximately 30,590 square feet of office space and unimproved shed space located at Pier 9 for a term of 12-months with one 12-month option to extend, subject to Board of Supervisor’s approval. (Resolution 22-53) 

        D.    Request approval to Enter into Agreement to Purchase Non-Potable Water from Mission Rock Utilities for China Basin Park and other Port-accepted Areas of the Mission Rock Site at Seawall Lot 337, Bound by China Basin Channel, Third Street, Mission Rock Street, and San Francisco Bay. (Resolution 22-54)

        E.    Request for retroactive authorization to modify Construction Contract No. 2814R, Crane Cove Park Building 49 Re-bid, to extend the substantial completion date. (Resolution 22-55)

        F.    Request authorization to accept and expend $796,100 in grant funds from the San Francisco Bay Restoration Authority for the Heron’s Head Park Shoreline Resilience Project and approve the grant agreement, subject to Board of Supervisors’ approval. (Resolution 22-56)

        G.    Request to authorize Port staff to modify Construction Contract No. 2841, Heron’s Head Shoreline Resilience, to increase the authorization for the contract amount. (Resolution 22-57)

        H.    Request approval of a proposed revision to the Port’s operating reserve policy. (Resolution 22-58)

        I.    Request approval of the Port’s Sanitary Sewer Management Plan recertification. (Resolution 22-59) 

    11.    MARITIME

        A.    Request Authorization to expand the Retail Sales Program to include Fish Processing Tenants at Fisherman’s Wharf. (Resolution 22-60)

    12.    REAL ESTATE & DEVELOPMENT

        A.    Request approval of Proposed Second Amendment to Transit Shelter Advertising Agreement with the San Francisco Municipal Transportation Agency and Clear Channel Outdoor, Inc., to exercise the option to extend for five years through December 10, 2027, and reduce the minimum annual guarantee and administrative and marketing payments for the extended term. (Resolution 22-61)

        B.    Informational Presentation regarding a proposed new Memorandum of Understanding (“MOU”) with the San Francisco Department of the Environment (“DOE”) for approximately 27,502 square feet of paved land, approximately 5,766 square feet of unpaved land, and approximately 3,615 square feet of shed space at Seawall Lot 344 for a term of five years.

    13.    FINANCE & ADMINISTRATION

        A.    Informational presentation on Local Business Enterprise Contracting Activity for Fiscal Year (July 1, 2021 through June 30, 2022) and Contracting Recommendations.

    14.    ENGINEERING

        A.    Informational presentation on amendments to the 2022 Port of San Francisco Building Code.

    15.    PLANNING & ENVIRONMENT

        A.    Informational presentation and update on recent Central Embarcadero Quick-Build traffic safety and other changes, between Mission Street and Broadway, per the San Francisco Municipal Transportation Agency’s Embarcadero Enhancement Program in support of the City’s Vision Zero traffic safety goals. 

    16.    NEW BUSINESS

    17.     ADJOURNMENT

    NOTES:

    The San Francisco Port Commission meets regularly on the second Tuesday of every month, plus the fourth Tuesday of February and April, at 3:15 p.m. unless otherwise noticed. The Commission Agenda and staff reports are posted on the Port’s Website at https://sfport.com/meetings/15. Contact Carl Nicita at (415) 274-0406 or carl.nicita@sfport.com.  

    Full Commission meetings are replayed on San Francisco cable via SFGovTV2 and streamed on the Internet. Broadband service is recommended for access. The Port Commission is generally broadcast on SFGovTV2, cable channel 78 on the 2nd & 4th Thursday of the month at 9 p.m. SFGovTV archives include a recording of each meeting, an agenda with links to the specific portion of the meeting, a file containing all closed captions for the deaf from the meeting and an MP3 recording of the meeting. The Port Commission meetings can be viewed online at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92

    Due to the COVID-19 pandemic, the Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meetings are on hold. Contact Demetri Amaro at (415) 274-0260 or demetri.amaro@sfport.com.  

    During the COVID-19 pandemic, the Maritime Commerce Advisory Committee (MCAC) meets virtually every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. Contact Dominic Moreno at (415) 850-6819 or dominic.moreno@sfport.com.

    During the COVID-19 pandemic, the Northern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of odd-numbered months. Contact Patrick Foster at patrick.foster@sfport.com or check our website at https://sfport.com/community for more information. 

    During the COVID-19 pandemic, the Southern Advisory Committee meets virtually at 5:30 p.m. on the third Wednesday of even-numbered months. Contact Mark Paez at mark.paez@sfport.com or check our website at https://sfport.com/community for more information.

    During the COVID-19 pandemic, the Waterfront Design Advisory Committee (WDAC) meets virtually, as needed, jointly with the Design Review Board of the Bay Conservation and Development Commission on the first Monday of the month. The Committee meets virtually as needed on the fourth Monday of the month at 6:30 p.m. Contact Dan Hodapp at (415) 274-0625 or dan.hodapp@sfport.com 

    During the COVID-19 pandemic, the Mission Bay Citizens Advisory Committee meets virtually on the second Thursday of the month at 5:00 p.m. Contact Marc Slutzkin at (415) 749-2516 or marc.slutzkin@sfgov.org

    ACCESSIBLE MEETING INFORMATION POLICY

    In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals. 

    DISABILITY ACCOMMODATIONS

    To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact Wendy Proctor, Port’s ADA Coordinator at (415) 274-0592 or via email at wendy.proctor@sfport.com or Carl Nicita at (415) 274-0406 or via email at carl.nicita@sfport at least 72 hours in advance of the hearing. The Port’s TTY number is (415) 274-0587.
     
    LANGUAGE ASSISTANCE 

    311 Free language assistance / 免費語言協助 / Ayuda gratuita con el idioma / Бесплатная помощь переводчиков / Trợ giúp Thông dịch Miễn phí / Assistance linguistique gratuity / 無料の言語支援 / 무료 언어 지원 / คว“ ว “งภ“ษ“ ’ ค / Libreng tulong para sa wikang Tagalog
     
    To request an interpreter for a specific item during the hearing, please contact Port’s Language Access Liaison, Jenica Liu at (415) 274-0471 or email her at jenica.liu@sfport.com at least 48 hours in advance of the hearing.

    SPANISH:

    Agenda para la Comisión de Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame Jenica Liu al 415-274-0471. Por favor llame por lo menos 48 horas de anticipación a la audiencia.
     
    CHINESE:

    規劃委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電Jenica Liu 415-274-0471。
    請在聽證會舉行之前的至少48個小時提出要求。

    TAGALOG:

    Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag kay Jenica Liu sa 415-274-0471. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.

    RUSSIAN:
    Повестка  дня  Комиссии  по  планированию.  За  помощью  переводчика  или  за  вспомогательным  слуховым  устройством  на  время  слушаний  обращайтесь  по  номеру Jenica Liu 415-274-0471.  Запросы  должны  делаться  минимум  за 48  часов  до  начала  слушания.

    NOTICES

    Know Your Rights Under the Sunshine Ordinance: 
    Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance (Sections 67.1 et seq. of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854 or by email at sotf@sfgov.org. Citizens can obtain a free copy of the Sunshine Ordinance by printing Sections 67.1 et seq. of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.

    Prohibition of Ringing of Sound Producing Devices:
    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 or use of a cell phone, pager, or other similar sound-producing electronic device.

    Lobbyist Registration and Reporting Requirements:
    Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Government Conduct Code Sections §2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness, Suite 3900, San Francisco, CA 94102, phone (415) 581-2300 or fax (415) 581-2317; web site: www.sfgov.org/ethics.
     
    CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code:
    If the Commission approves an action identified by an exemption or negative declaration as the Approval Action (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA decision prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. Typically, an appeal must be filed within 30 calendar days of the Approval Action. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision. 
    Prohibited Contributions by Persons with Pending Land Use Matters:
    Pursuant to Section 1.127 of the Campaign and Governmental Conduct Code, no person, or the person’s Affiliated Entities, with a Financial Interest in a Land Use Matter pending before the Port Commission shall make any

    Prohibited Contribution at any time from the date of commencement of a Land Use Matter until 12 months have elapsed from the date that the Port Commission renders a final decision or ruling or any appeals to another city agency from that decision or ruling have been finally resolved. All capitalized terms in this provision are as defined in Section 1.127 of the Campaign and Governmental Conduct Code.

    Supporting documents full text

    ITEM 10A    Request approval of a resolution adopting findings under State urgency legislation to allow certain members of this body to attend meetings remotely during the COVID-19 emergency; continuing to allow certain members to attend remotely for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 22-51)

    ITEM 10B    Request approval to enter into direct negotiations on a sole source basis with Hotaling & Co., LLC for a retail use at Pier 50 Shed B. (Resolution 22-52)

    ITEM 10C    Request approval of a proposed new lease with Autodesk, Inc., a Delaware corporation (“Autodesk”), for approximately 30,590 square feet of office space and unimproved shed space located at Pier 9 for a term of 12-months with one 12-month option to extend, subject to Board of Supervisor’s approval. (Resolution 22-53) 

    ITEM 10D    Request approval to Enter into Agreement to Purchase Non-Potable Water from Mission Rock Utilities for China Basin Park and other Port-accepted Areas of the Mission Rock Site at Seawall Lot 337, Bound by China Basin Channel, Third Street, Mission Rock Street, and San Francisco Bay. (Resolution 22-54)

    ITEM 10E        Request for retroactive authorization to modify Construction Contract No. 2814R, Crane Cove Park Building 49 Re-bid, to extend the substantial completion date. (Resolution 22-55)

    ITEM 10F        Request authorization to accept and expend $796,100 in grant funds from the San Francisco Bay Restoration Authority for the Heron’s Head Park Shoreline Resilience Project and approve the grant agreement, subject to Board of Supervisors’ approval. (Resolution 22-56)

    ITEM 10G    Request to authorize Port staff to modify Construction Contract No. 2841, Heron’s Head Shoreline Resilience, to increase the authorization for the contract amount. (Resolution 22-57)

    ITEM 10H    Request approval of a proposed revision to the Port’s operating reserve policy. (Resolution 22-58)

    ITEM 10I        Request approval of the Port’s Sanitary Sewer Management Plan recertification. (Resolution 22-59) 

    ITEM 11A    Request Authorization to expand the Retail Sales Program to include Fish Processing Tenants at Fisherman’s Wharf. (Resolution 22-60)

    Attachment

    ITEM 12A    Request approval of Proposed Second Amendment to Transit Shelter Advertising Agreement with the San Francisco Municipal Transportation Agency and Clear Channel Outdoor, Inc., to exercise the option to extend for five years through December 10, 2027, and reduce the minimum annual guarantee and administrative and marketing payments for the extended term. (Resolution 22-61)

    Attachments

    ITEM 12B    Informational Presentation regarding a proposed new Memorandum of Understanding (“MOU”) with the San Francisco Department of the Environment (“DOE”) for approximately 27,502 square feet of paved land, approximately 5,766 square feet of unpaved land, and approximately 3,615 square feet of shed space at Seawall Lot 344 for a term of five years.

    ITEM 13A    Informational presentation on Local Business Enterprise Contracting Activity for Fiscal Year (July 1, 2021 through June 30, 2022) and Contracting Recommendations.

    ITEM 14A    Informational presentation on amendments to the 2022 Port of San Francisco Building Code.

    ITEM 15A    Informational presentation and update on recent Central Embarcadero Quick-Build traffic safety and other changes, between Mission Street and Broadway, per the San Francisco Municipal Transportation Agency’s Embarcadero Enhancement Program in support of the City’s Vision Zero traffic safety goals. 

    Attachment