San Francisco Port Commission - October 12, 2021

Virtual Meeting
    Agenda PDF
    Agenda full text

    SAN FRANCISCO PORT COMMISSION

     

    Kimberly Brandon, President

    Willie Adams, Vice President

    John Burton, Commissioner

    Gail Gilman, Commissioner

    Doreen Woo Ho, Commissioner

     

    Elaine Forbes, Executive Director              Carl Nicita, Commission Affairs Manager

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

     

    AGENDA

    PORT COMMISSION MEETING

     

    TUESDAY, OCTOBER 12, 2021

    2:00 P.M. CLOSED SESSION

    3:15 P.M. OPEN SESSION

     

    Port of San Francisco

    Pier 1

    San Francisco CA 94111

     

    Due to the COVID-19 health emergency and to protect our Port Commissioners, Port Staff, and members of the public, the Port Commission Meeting Room at the Ferry Building is closed. This meeting is being held by teleconference pursuant to the Governor’s Executive Order N-29-20 and the Fifth Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency.

     

    Individuals are encouraged to participate in the meetings remotely by calling during the public comment section of the meeting. Visit the SFGovTV website (https://sfgovtv.org/sfgovtv-live-events) to stream the live meetings or watch them on demand at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92

     

     

    TO STREAM THE LIVE MEETING:

     

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

     

    TO MAKE PUBLIC COMMENT:

     

    Dial 415-655-0001

    Participant Code: 2485-957-8989#

     

    When prompted, press *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/Explanatory Documents available to the public and provided to the Port Commission are posted on the Port’s Website at https://sfport.com/meetings/15

    1.     CALL TO ORDER / ROLL CALL

      

    2.     APPROVAL OF MINUTES – September 14, 2021

     

    3.      PUBLIC COMMENT ON EXECUTIVE SESSION

     

    4.      EXECUTIVE SESSION

     

    1. 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 Legal Counsel – Anticipated Litigation (one matter).  Discussion of initiation of litigation pursuant to California Government Code Section 54956.9(d)(4) and San Francisco Administrative Code Section 67.10(d)(2)

     

    Anticipated litigation: ___ As defendant  _X_ As plaintiff

     

    5.      RECONVENE IN OPEN SESSION

     

    1. Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

     

    1. 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 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. Please note that during the public comment period, the moderator will instruct dial-in participants to use a touch-tone phone to register their desire for public comment. Audio prompts will signal to dial-in participants when their Audio Input has been enabled for commenting. Please dial in when the item you wish to comment on is announced.

    6.      PLEDGE OF ALLEGIANCE

     

    7.     ANNOUNCEMENTS

    8.    PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

     

    9.      EXECUTIVE

               A.    Executive Director’s Report

    • Economic Recovery
    • Equity
    • Key Project Updates

    10.     CONSENT

               A.    Request approval of a resolution adopting a Competitive Selection Process Communications Policy to support the integrity of the competitive selection process for Port contracts; and authorize the Executive Director to implement this policy through competitive solicitation documents. (Resolution 21-39)

     

               B.    Request authorization to award Deloitte & Touche LLP a contract for Implementation of Government Accounting Standards Board Statement Number 87 in a contract amount not to exceed $200,000. (Resolution 21-40)

     

               C.    Request approval of a proposed 2-year lease with rent credits between the Port of San Francisco and Silverado Contractors, Inc. for a vacant area of the Port’s Pier 70 Shipyard. (Resolution 21-41)

     

               D.    Request approval of a resolution adopting findings under new State urgency legislation to allow remote meetings during the COVID-19 emergency; continuing remote meetings for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 21-42)

    11.     PLANNING & ENVIRONMENT

               A.    Informational update on the Port of San Francisco’s efforts to address conflicts on the Embarcadero Promenade in support of the City’s Vision Zero traffic safety goals.

    12.     PLANNING & ENVIRONMENT

               A.    Informational presentation on the Department of Homelessness and Supportive Housing’s (“HSH”) Compliance with Option Exercise Conditions to extend operations of the Embarcadero SAFE Navigation Center at Seawall Lot 330 for an additional 24 months.

    13.     WATERFRONT RESLIENCE PROGRAM

               A.    Request approval of a resolution authorizing the Executive Director to enter into a new Feasibility Cost Sharing Agreement (FCSA) with the United States Army Corps of Engineers (USACE) for the San Francisco Waterfront Coastal Flood Study (Study). (Resolution 21-43)

    14.     NEW BUSINESS

    15.     ADJOURNMENT

     

     

     

     

    PROPOSED AGENDA

    SUBJECT TO CHANGE

    OCTOBER 26, 2021

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Seawall Lot 330

    Action

    Request determination of the Department of Homelessness and Supportive Housing’s (“HSH”) compliance with Option Exercise Conditions, and affirmation of the HSH’s exercise of the Option to Extend for Memorandum of Understanding No. M-16518 between Port and HSH for temporary use of a portion of Seawall Lot 330 for the Embarcadero SAFE Navigation Center for an additional 24 months

    2

    Portwide

    Action

    Request authorization to advertise with competitive bids for a two-year Maintenance Dredging Construction Contract

    3

    Portwide

    Informational

    Presentation on equity opportunities in construction project delivery methods

    4

    Portwide

    Informational

    Presentation on proposed Retail Fish Sales policy amendments

     

    NOVEMBER 9, 2021

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Portwide

    Action

    Request approval of proposed Retail Fish Sales policy amendments

    2

    Portwide

    Informational

    Presentation on strategies for collection of accounts receivable

    3

    Portwide

    Informational

    Report on the Contracting Activity for Fiscal Year 2020-2021 (July 1, 2020 – June 30, 2021) and Updates on the Local Business Enterprise Strategy

    4

    Portwide

    Informational

    Report on Waterfront Resilience Program (WRP) Local Business Enterprise (LBE) Subcontracting and WRP Equity Actions

     

     

    DATE TO BE DETERMINED

     

     

    FACILITY/POLICY

    ITEM

    TITLE

    1

    Seawall Lot 354

    Action

    Request approval of a Memorandum of Understanding (MOU) M-16808 between the Port of San Francisco and the San Francisco Municipal Transportation Agency (SFMTA) for use of a portion of Seawall Lot 354 (also known as 1399 Marin Street) for general office, general warehouse, storage, related  parking of SFMTA staff vehicles, maintenance and repair of SFMTA buses including fueling and washing of same, and for incidental, directly-related uses and for no other purpose for a term of seven years and a waiver of the security deposit.

    2

    Pier 70 Shipyard

    Action

    Request authorization to advertise Port Construction Contract 2843, Pier 70 Shipyard Uplands

    3

    Portwide

    Informational

    Presentation on proposed Guidelines for Recognition or Commemoration at the Port of San Francisco

    4

    Piers 30-32 & SWL 330

     

    Informational

    Presentation on the project status with Strada Trammel Crow Companies Partnership LLC for the Piers 30-32 & SWL 330 the generally located along the Embarcadero between Bryant and Beale Streets

    5

    Piers 39-43.5

    Informational

    Presentation on PG&E Offshore Remediation Project

    6

    Portwide 

    Informational

    Present status of San Francisco County Transportation Authority’s Downtown Congestion Pricing Study 

    7

    Portwide

    Informational

    Presentation on Alternative Project Delivery Methods

    8

    Pier 80

    Informational

    Update on PASHA Operations and Local Hire Performance at Pier 80

    9

    Pier 70 Historic Core

    Informational

    Presentation on formation of a Community Facilities District (CFD) over the Pier 70 Historic Core area (including Buildings 14, 101, 102, 104, and 113-116 located at Pier 70)

    10

    Pier 70, Parcel K North Plaza

    Informational

    Presentation of the Schematic Design of the Parcel K North plaza located at the southeast corner of 20th and Illinois Streets

    11

    Pier 70

    Action

    Approval of resolution directing staff to seek issuance of the first Pier 70 Lease Properties Community Facilities District bond from the Board of Supervisors

    12

    Portwide

    Action

    Approval of amendments to Port of San Francisco Tariff No. 5 (Rules, Regulations, Rates, and Charges)

    13

    Piers 19-23 and Piers 29-31

    Action

    Authorization to issue a Request for Proposals for the rehabilitation and development of Piers 19-23 and Piers 29-31, located near The Embarcadero at Lombard Street

    14

    Mission Bay Ferry Landing

    Informational

    Presentation on proposed lease with Water Emergency Transportation Authority Transportation to lease and operate the Mission Bay Ferry Landing for ferry service

    15

    Mission Bay Ferry Landing

    Action

    Authorization to accept and expend $25 million from WETA and from private contributions for the Mission Bay Ferry Landing, subject to the Board of Supervisors’ approval, and authorization to enter into a Memorandum of Understanding with WETA governing expenditure of the $25 million

     

     

    OCTOBER / NOVEMBER 2021

    CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

     

     DATE

    TIME

    GROUP

    LOCATION

    OCT. 26

    2:00 PM Closed Session

    3:15 PM Open Session

    Port Commission

    VIRTUAL

    NOV. 9

    2:00 PM Closed Session

    3:15 PM Open Session

    Port Commission

    TBD

    NOTES:

    The San Francisco Port Commission meets regularly on the second and fourth Tuesday of the month 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 a Competitive Selection Process Communications Policy to support the integrity of the competitive selection process for Port contracts; and authorize the Executive Director to implement this policy through competitive solicitation documents. (Resolution 21-39)

    ITEM 10B      Request authorization to award Deloitte & Touche LLP a contract for Implementation of Government Accounting Standards Board Statement Number 87 in a contract amount not to exceed $200,000. (Resolution 21-40)

    ITEM 10C      Request approval of a proposed 2-year lease with rent credits between the Port of San Francisco and Silverado Contractors, Inc. for a vacant area of the Port’s Pier 70 Shipyard. (Resolution 21-41)

    ITEM 10D      Request approval of a resolution adopting findings under new State urgency legislation to allow remote meetings during the COVID-19 emergency; continuing remote meetings for the next 30 days; and directing the Commission Affairs Manager to agendize a similar resolution at a Commission meeting within 30 days. (Resolution 21-42)

    ITEM 11A      Informational update on the Port of San Francisco’s efforts to address conflicts on the Embarcadero Promenade in support of the City’s Vision Zero traffic safety goals.

    ITEM 12A      Informational presentation on the Department of Homelessness and Supportive Housing’s (“HSH”) Compliance with Option Exercise Conditions to extend operations of the Embarcadero SAFE Navigation Center at Seawall Lot 330 for an additional 24 months.

    ITEM 13A      Request approval of a resolution authorizing the Executive Director to enter into a new Feasibility Cost Sharing Agreement (FCSA) with the United States Army Corps of Engineers (USACE) for the San Francisco Waterfront Coastal Flood Study (Study). (Resolution 21-43)