Agenda
Agenda full text
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, SEPTEMBER 10, 2019
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.
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CALL TO ORDER / ROLL CALL
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APPROVAL OF MINUTES – August 13, 2019
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PUBLIC COMMENT ON EXECUTIVE SESSION
4. EXECUTIVE SESSION
A. Vote on whether to hold a closed session and invoke the attorney-client privilege.
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CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING AND ANTICIPATED LITIGATION MATTERS.
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.
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Safe Embarcadero for All v. State of California, acting by and through its State Lands Commission; City and County of San Francisco; and Does 1 through 20 (Sacramento Superior Court, Case No. 34-2019-80003181; filed July 10, 2019)
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Safe Embarcadero for All v. State of California, acting by and through its State Lands Commission; City and County of San Francisco; and Does 1 through 20 (Sacramento Superior Court, Case No. 34-2019-80003182; Third District Court of Appeal, Case No. C090135; filed July 22, 2019)
b. Discussion and possible action on anticipated litigation matter pursuant to Section 54956.9(d)(4) of the California Government Code and Section 67.10(d)(2) of the San Francisco Administrative Code with City as plaintiff regarding the lease of a portion of the Pier 94 area to Bay Natives as tenants.
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, 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.
B. 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 Fire Station 35 at Pier 22½ Expansion Project
- Pier 94 Backlands Improvements Project – Winner of the Environmental Engineering Project of the Year Award from the San Francisco Section of the American Society of Civil Engineers (ASCE) and 2019 San Francisco Collaborative Partnering Award
- Coastal Cleanup Day – Saturday, September 21, 2019
10. CONSENT
A. Request approval for members of the San Francisco Port Commission to travel with Port staff to Norfolk, Virginia on October 13-16, 2019 to attend the American Association of Port Authorities Annual Convention. (Resolution No. 19-34)
11. MARITIME
A. Request approval of the Operations Agreement with Pacific Cycle Inc. (“Pacific Cycle”) granting Pacific Cycle authority to operate its two Vacaville, California facilities as a Foreign Trade Zone No. 3 Subzone for a term of five years, with three options to extend for five years each and outlining conditions for the operation of the usage-driven site. (Resolution No. 19-35)
12. REAL ESTATE & DEVELOPMENT
A. Informational presentation on the Phase 1 Budget, Parks Plan, and Parks and Public Space Management Agreement for the Mission Rock Project at Seawall Lot 337, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay.
B. Request (1) Adoption of the Final Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and adoption of findings pursuant to the California Environmental Quality Act, Public Resources Code Sec. 21000 et seq., for the mixed-use development proposed for Seawall Lots 323/324 and portions of unimproved Vallejo and Davis Street right-of-ways located on the west side of The Embarcadero at Vallejo Street and north of Broadway (the “Site”) (2015-016326ENV); (2) Adoption of Findings that the Development proposed by TZK Broadway LLC, a California limited liability company (the “Developer” or “TZK”), for the Site provides numerous benefits to the Public Trust; (3) Approval of (A) a Lease Disposition and Development Agreement with TZK, (B) form of Lease with TZK for a term of 50 years with one 16-year extension option for the mixed-use development that includes a 192-room hotel, a dinner-theater space, and 14,000-square-foot public open space on the Site (the “Development” or “Project”); and (C) Schematic Drawings for the Development. (Resolution No. 19-36)
13. FINANCE & ADMINISTRATION
A. Request authorization to award contracts to (1) Clean Harbors Environmental Services, Inc., (2) Environmental Logistics, Inc., (3) NRC Environmental Services, Inc., and (4) Silverado Contractors, for as-needed hazardous waste disposal, marine vessel salvage, and related professional services, each contract in an amount not to exceed $300,000. (Resolution No. 19-37)
14. PLANNING & ENVIRONMENT
A. Informational presentation on the Draft Waterfront Plan review process and solicitation of public comments.
15. NEW BUSINESS
SEPTEMBER 24, 2019
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FACILITY/POLICY |
ITEM |
TITLE |
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1 |
Portwide |
Informational |
Presentation on a proposed issuance of Port of San Francisco Series 2019 Refunding Revenue Bonds in the aggregate principal amount not to exceed thirty million dollars ($30,000,000) to refund the remaining outstanding balance on the Port Commission's 2010 Revenue Bonds to achieve interest cost savings over the remaining life of the 2010 Port Revenue Bonds |
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2 |
Crane Cove Park |
Informational |
Presentation on Park Alliance’s Crane Cove Park fundraising efforts |
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3 |
SWL 337 and Pier 48 |
Action |
Approval of the Phase 1 Budget, Parks Plan, and Parks and Public Space Management Agreement for the Mission Rock Project at Seawall Lot 337, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay |
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4 |
Pier 14 |
Action |
Approval for a proposed temporary public art installation by the artist Sean Orlando at the Pier 14 Plaza, between the Agriculture Building and Pier 14, on The Embarcadero adjacent to Mission Street |
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5 |
Portwide |
Action |
Authorization, subject to Board of Supervisors’ approval, for the Port’s Waterfront Resilience Program to issue an amendment to increase the Planning, Preliminary Engineering, and Environmental Services contract with CH2M HILL Engineers, Inc., for planning, engineering, and environmental services for the Seawall Earthquake Safety and Disaster Prevention Program, the U.S. Army Corps of Engineers Flood Resiliency Study and related activities |
OCTOBER 8, 2019
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FACILITY/POLICY |
ITEM |
TITLE |
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1 |
Portwide |
Action |
Approval of: (1) issuance of Port of San Francisco Series 2019 Refunding Revenue Bonds in the aggregate principal amount not to exceed thirty million dollars ($30,000,000) with an interest rate not to exceed seven percent (7%) per annum to refund Port of San Francisco's Series 2010 Revenue Bonds; (2) the form of the Third Supplement to Indenture of Trust between the Port and a trustee; (3) the sale of the Bonds by negotiated sale pursuant to a purchase contract; (4) the form of a bond purchase contract; (5) the preliminary form of the Official Statement relating to the Bonds and the distribution of the statement; and (6) the form of the Continuing Disclosure Certificate of the Port and the execution of the certificate |
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2 |
Piers 38 & 40 |
Action |
Authorization to issue a Request for Proposals for the rehabilitation and development of Piers 38 and 40, located near The Embarcadero and Townsend |
NOVEMBER 12, 2019
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FACILITY/POLICY |
ITEM |
TITLE |
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1 |
Piers 30/32 and Seawall Lot 330 |
Action |
Authorization to issue a Request for Proposals for the development of Piers 30/32 and Seawall Lot 330, located near The Embarcadero and Bryant Street |
JANUARY 14, 2020
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FACILITY/POLICY |
ITEM |
TITLE |
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1 |
Piers 19-23 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 |
DATE TO BE DETERMINED
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FACILITY/POLICY
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ITEM |
TITLE |
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1 |
Portwide |
Informational |
Presentation by the City of San Francisco’s Office of Economic and Workforce Development (OEWD) on the Southern Bayfront (Mission Bay, Central Waterfront, Bayview Hunters Point, Candlestick areas) interagency coordination to guide community and citywide investment |
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2 |
South Beach Harbor |
Informational |
Presentation of Financial and Operational Performance of South Beach Harbor |
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Fisherman’s Wharf |
Informational |
Presentation on the Fisherman’s Wharf Community Benefit District’s local serving uses to Fisherman’s Wharf |
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4 |
Portwide |
Informational |
Presentation on the proposal to increase Port building permit application fees to match the Department of Building Inspection’s fee schedule |
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5 |
Pier 70 shipyard |
Informational |
Presentation regarding the Pier 70 shipyard |
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Portwide |
Action |
Approval of amendments to Port of San Francisco Tariff No. 5 (Rules, Regulations, Rates, and Charges) |
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7 |
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 |
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SEPTEMBER / OCTOBER 2019
CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC
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DATE |
TIME |
GROUP |
LOCATION |
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2:00 PM Closed Session 3:15 PM Open Session |
Port Commission |
Port Commission Hearing Room Ferry Building |
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OCT. 8
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2:00 PM Closed Session 3:15 PM Open Session |
Port Commission |
Port Commission Hearing Room Ferry Building |
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OCT. 22
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2:00 PM Closed Session 3:15 PM Open Session |
Port Commission |
Port Commission Hearing Room Ferry Building |
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 @ www.sfport.com. Contact Amy Quesada at 415-274-0406 or amy.quesada@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
The Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meets regularly on a bi-monthly basis, on the third Tuesday of the month. The regular meeting time and place is 9:00 a.m. at Scoma’s Restaurant, Pier 47 at Fisherman’s Wharf. Contact Demetri Amaro @ 415-274-0260 or demetri.amaro@sfport.com
The Maritime Commerce Advisory Committee (MCAC) meets every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. @ Pier 1. Contact Michael Nerney @ 415-274-0416 or michael.nerney@sfport.com
The Mission Bay Citizens Advisory Committee meets on the second Thursday of the month at 5:00 p.m. in the Creek Room at Mission Creek Senior Building located at 225 Berry Street in San Francisco (along the Promenade just beyond the library.) Contact Hilde Myall @ 415-749-2468 or hilde.myall@sfgov.org.
The Northeast Waterfront Advisory Group (NEWAG) meets regularly on a bi-monthly basis on the first Wednesday of the month from 5:00 p.m. to 7:00 p.m. in the Bayside Conference Room @ Pier 1. Contact Diane Oshima @ 415-274-0545 or diane.oshima@sfport.com
The Central Waterfront Advisory Group (CWAG) meets monthly on an as-needed basis, generally on the third Wednesday of the month from 5 to 7 p.m. in the Bayside Conference Room at Pier 1. Contact Mark Paez @ 415-705-8674 or mark.paez@sfport.com
The Southern Waterfront Advisory Committee (SWAC) meets at the last Wednesday of the month as needed from 6:00 to 8:00 p.m. Location to be determined. Contact David Beaupre @ 415-274-0539 or david.beaupre@sfport.com
The Waterfront Design Advisory Committee (WDAC) meets, as needed, jointly with the Design Review Board of the Bay Conservation and Development Commission on the first Monday of the month at BCDC, 50 California Street, Rm. 2600, at 6:30 p.m. The Committee meets as needed on the fourth Monday of the month at 6:30 p.m. in the Bayside Conf. Rm. @ Pier 1. Contact Dan Hodapp @ 415-274-0625 or dan.hodapp@sfport.com
ACCESSIBLE MEETING INFORMATION POLICY
FERRY BUILDING:
The Port Commission Hearing Room is located on the second floor of the Ferry Building. The main public entrance is from the west (Embarcadero) side and is served by a bank of elevators adjacent to the historic staircase. Accessible public restrooms are on the first floor at the northeast end of the building as well as on the second floor across the lobby from the Port Commission Hearing Room. The main path of travel to the Port Commission Hearing Room is equipped with remote infrared signage (Talking Signs). The Port Commission Hearing Room is wheelchair accessible. Accessible seating for persons with disabilities (including those using wheelchairs) is available.
The closest accessible BART and MUNI Metro station is Embarcadero located at Market & Spear Streets. Accessible MUNI lines serving the Ferry Building area are the F-Line, 9, 31, 32 and 71. For more information about MUNI accessible services, call (415) 923-6142. The nearest accessible parking is provided in the following off-street pay lots: 3 spaces in the surface lot on the west side of the Embarcadero at Washington Street.
Hourly and valet parking is available in the Pier 3 lot. This lot is accessed through the Pier 3
bulkhead building entrance on the east side of the Embarcadero. This lot is located on the pier deck; adjacent to the ferry boat Santa Rosa. Additional covered accessible off-street pay parking is available in the Golden Gateway Garage, which is bounded by Washington, Clay, Drumm and Battery Streets. Entrance is on Clay St. between Battery and Front Streets. There is no high-top van parking. Metered street parking is available on the Embarcadero, Washington, Folsom & Drumm Streets.
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.
ACCESSIBLE MEETING INFORMATION:
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 Leah LaCroix at (415) 274-0632 or via email at leah.lacroix@sfport.com 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, Matthias Giezendanner at (415) 274-0471 or email him at matthias.giezendanner@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 Matthias Giezendanner 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Matthias Giezendanner 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 Matthias Giezendanner 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 Matthias Giezendanner 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.
Minutes
Minutes full text
Supporting documents
Supporting documents full text
CONSENT
ITEM 10A. Request approval for members of the San Francisco Port Commission to travel with Port staff to Norfolk, Virginia on October 13-16, 2019 to attend the American Association of Port Authorities Annual Convention. (Resolution No. 19-34)
MARITIME
ITEM 11A. Request approval of the Operations Agreement with Pacific Cycle Inc. (“Pacific Cycle”) granting Pacific Cycle authority to operate its two Vacaville, California facilities as a Foreign Trade Zone No. 3 Subzone for a term of five years, with three options to extend for five years each and outlining conditions for the operation of the usage-driven site. (Resolution No. 19-35)
REAL ESTATE & DEVELOPMENT
ITEM 12A. Informational presentation on the Phase 1 Budget, Parks Plan, and Parks and Public Space Management Agreement for the Mission Rock Project at Seawall Lot 337, bounded by China Basin Channel, Third Street, Mission Rock Street and San Francisco Bay.
ITEM 12B. Request (1) Adoption of the Final Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and adoption of findings pursuant to the California Environmental Quality Act, Public Resources Code Sec. 21000 et seq., for the mixed-use development proposed for Seawall Lots 323/324 and portions of unimproved Vallejo and Davis Street right-of-ways located on the west side of The Embarcadero at Vallejo Street and north of Broadway (the “Site”) (2015-016326ENV); (2) Adoption of Findings that the Development proposed by TZK Broadway LLC, a California limited liability company (the “Developer” or “TZK”), for the Site provides numerous benefits to the Public Trust; (3) Approval of (A) a Lease Disposition and Development Agreement with TZK, (B) form of Lease with TZK for a term of 50 years with one 16-year extension option for the mixed-use development that includes a 192-room hotel, a dinner-theater space, and 14,000-square-foot public open space on the Site (the “Development” or “Project”); and (C) Schematic Drawings for the Development. (Resolution No. 19-36)
Exhibit C – Mitigation Monitoring & Reporting Program
FINANCE & ADMINISTRATION
ITEM 13A. Request authorization to award contracts to (1) Clean Harbors Environmental Services, Inc., (2) Environmental Logistics, Inc., (3) NRC Environmental Services, Inc., and (4) Silverado Contractors, for as-needed hazardous waste disposal, marine vessel salvage, and related professional services, each contract in an amount not to exceed $300,000. (Resolution No. 19-37)
PLANNING & ENVIRONMENT
Item 14A. Informational presentation on the Draft Waterfront Plan review process and solicitation of public comments.
Exhibit A – Waterfront Plan Online Survey Comments
Exhibit B – BCDC Special Area Plan Policy Issues