San Francisco Board of Port Commissions Board Meeting Agenda, April 23, 2013

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SAN FRANCISCO PORT COMMISSION

 

Doreen Woo Ho, President

Kimberly Brandon, Vice President

Willie Adams, Commissioner

Leslie Katz, Commissioner

Mel Murphy, Commissioner

 

Monique Moyer, Executive Director                  Amy Quesada, Commission Secretary

Phone: 415-274-0400; Fax 415-274-0412         Phone: 415-274-0406; Fax 415-274-0412

 

AGENDA

TUESDAY, APRIL 23, 2013

1:30 CLOSED SESSION

3:15 P.M. OPEN SESSION

                                                                                       

PORT COMMISSION HEARING ROOM, SECOND FLOOR

FERRY BUILDING, SAN FRANCISCO CA 94111

 

PLEASE NOTE THE DATE & TIME OF THE MEETING

 

 

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 Secretary’s Office located at Pier 1 during normal office hours.

 

  1. 1.        CALL TO ORDER / ROLL CALL

 

  1. 2.        APPROVAL OF MINUTES – April 9, 2013

 

  1. 3.        PUBLIC COMMENT ON EXECUTIVE SESSION

 

  1. 4.        EXECUTIVE SESSION

 

  1. Vote on whether to hold closed session.

     

(1)   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:

 

 

a.      Property: Piers 30/32 and Seawall Lot 330

Person Negotiating: Port: Byron Rhett, Deputy Director, Planning & Development and Brad Benson, Special Projects Manager

OEWD: Jennifer Matz

*Negotiating Party: Golden State Warriors and GSW Arena LLC: Rick Welts, Ellen Warner, Jesse Blout, Michael Cohen

 

Under Negotiations: ____ Price ___ Terms of Payment  X Both

Pursuant to Resolution No. 12-61, the Port Commission awarded GSW Arena LLC an exclusive negotiation agreement for the potential lease, disposition and development of real property interests in Piers 30-32 and Seawall Lot 330.  In this executive session, the Port’s negotiators seek direction from the Port Commission regarding price and/or terms of payment, including rent structure, financing mechanisms and other factors affecting the form, manner and timing of payment of the consideration for the property interests.  The executive session 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.

 

b.      Property: 295 Terry Francois adjacent to Pier 48

Person Negotiation: Port: Susan Reynolds, Real Estate Director

*Negotiating Party: East Street SF: John Cain

 

Under Negotiations: ____Price ____Terms of Payment X Both

Pursuant to Resolution No. 12-63, on August 14, 2012, the Port Commission approved the issuance of a Request for Proposal (“RFP”) for the development and the operation of a restaurant site located at 295 Terry Francois Blvd (the “Site”). Port staff is negotiating the terms of a restaurant lease with East Street SF for the site. In this Executive Session, the Port’s negotiators will discuss the lease terms as specified in East Street SF’s proposal and seek direction from the Port Commission regarding price and terms of payment, including term, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease 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.

 

(2)   CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING AND ANTICIPATED LITIGATION MATTERS 

a.    Discuss existing litigation matter and approve proposed settlement pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d): (Discussion and Action Item)

  • Contract Claim of Vortex Marine Construction (“Vortex”), filed with Port of San Francisco February 21, 2012: Discussion and approval of settlement of Vortex’s contract claim for compensation due to alleged differing site conditions for pile driving at Rows A-D, for the Pier 43 Bay Trail Link Project, Port Contract No. 2727. Proposed settlement of Vortex’s claim upon terms which include Port’s issuance of Contract Change Order No. 7, in the amount of $360,594, to Vortex in exchange for Vortex’s full release of the contract claim, and agreement to indemnify the Port and City from all claims of subcontractors, materials suppliers, and lien claimants related to the pile driving work in question. A copy of the proposed Change Order No. 7, containing the terms of the settlement, is available for inspection with the Port Commission Secretary.

                       

                        b.    Discuss anticipated litigation matter pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d): (Discussion Item)

 

      Number of Potential Cases: 1          X   As Defendant

 

Facts and circumstances: On or about February 2012, the Port received correspondence from Vortex Marine Construction, alleging deficiencies in the Port’s design and construction documents for the Pier 43 Bay Trail Link Project, Port Contract No. 2727, concerning (a) alleged unidentified utilities; (b) constructability of the promenade deck; and (c) Contractor’s office and field expenses, alleging an entitlement to substantial compensation, which the Port disputes. Despite efforts to negotiate a compromise of this matter, these circumstances present significant exposure of potential litigation.

 

c.     Discuss existing litigation matters pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d): (Discussion Item)

 

  • Ferry Building Investors, LLC and Ferry Building Associates, LLC v. San Francisco Port Commission; Board of Supervisors of the City and County of San Francisco, et al.; Superior Court of California, County of San Francisco (Case No. CPF 12-512355), filed July 20, 2012.

 

  • Neighbors to Preserve the Waterfront; Friends of Golden Gateway; and San Franciscans for Reasonable Growth v. City and County of San Francisco; Planning Department of the City and County of San Francisco; Port Commission of the City and County of San Francisco; Board of Supervisors of the City and County of San Francisco, et al.; Superior Court of California, County of San Francisco (Case No. CPF 12-512356), filed July 23, 2012.
  1. 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.

 

  1. 6.        PLEDGE OF ALLEGIANCE

 

  1. 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.

 

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.

 

  1. 8.        EXECUTIVE

 

A.     Executive Director’s Report

  • San Francisco Heritage Soiree – May 11, 2013 from 6-11 p.m. at the San Francisco Maritime Museum
  • Gift of Scrimshaw, Swordfish Sword, from Port Pile Worker Bruce Lanham in honor of the Port’s 150th Anniversary
  • 150th Anniversary Banners and Pylons – April to November 2013

 

9.      NEW BUSINESS

 

         A.     Request authorization to issue a Request for Qualifications (RFQ) soliciting three contracts for As-Needed Environmental and Related Professional Services each in an amount of $1 million, totaling $3 million. (Resolution No. 13-17)

 

10.    FINANCE AND ADMINISTRATION

 

         A.     Informational presentation on Projected Port Revenues from the James R. Herman Cruise Terminal Operations.

 

11.    NEW BUSINESS

 


 

12.    PUBLIC COMMENT

 

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 New Business/Public Comment.  A member of the public has up to three minutes to make pertinent public comments before action is taken on any agenda item and during the new business/public comment period. It is strongly recommended that public comments be submitted in writing so they can be distributed to the Commissioners for their review. Please fill out a speaker card and hand it to the Commission Secretary.  If you have any question regarding the agenda, please contact the Commission Secretary at 274-0406. 

 

13.    ADJOURNMENT

FORWARD CALENDAR

(TARGETED COMMISSION MEETING, SUBJECT TO CHANGE)

 

MAY 14,  2013

 

 

FACILITY/POLICY

ITEM

 

TITLE

 

1

Piers 30-32

Informational

Presentation on updated architectural renderings for the Piers 30-32 Multi-Purpose Venue Project

2

Pier 27

Informational

Presentation introducing the cruise terminal, special event, and parking management team bidders for the James R. Herman Cruise Terminal

3

Pier 70

Informational

Informational presentation on Forest City’s term sheet for the Pier 70 Waterfront Site

4

Islais Creek

Action

Authorization to apply for accept and expend a grant from the California Coastal Conservancy for $616,534 to reconstruct the Copra Crane and for the removal of piles and decking in Islais Creek at the terminus of Indiana Street

5

Pier 27

Action

Request approval of (1) proposed 2013 Port Revenue Bonds for Phase II of the James R Herman Cruise Terminal project, (2) an appropriation ordinance to reallocate Series 12A and 12B Certificates of Participation and 2010 Port Revenue Bonds Series 9B to the James R Herman Cruise Terminal project and to other critical capital projects.

 

MAY 28,  2013

 

 

FACILITY/POLICY

ITEM

 

TITLE

 

1

Portwide

Informational

Presentation regarding the Fiscal Year 2013-14 Monthly Rental Rate Schedule, Monthly Parking Stall Rates, Special Event and Filming Rates, and the Port of San Francisco’s Standard Real Estate Leasing Policy and Procedures

2

Brannan Street Wharf

Informational

Update regarding the Brannan Street Wharf project, located along the Embarcadero Promenade between Pier 30-32 and Pier 38, at Brannan Street

3

Heron’s Head Park

at Cargo and Jennings Street

Action

Request authorization to negotiate and execute a Mutual Termination Agreement with Literacy for Environmental Justice for termination of Lease L-13816, which includes the “EcoCenter at Heron’s Head Park” and surrounding 6,058 square feet of non-exclusive license area, subject to Board of Supervisors approval of the Mutual Termination Agreement

4

Pier 70

Action

Approval of Forest City’s term sheet for the Pier 70 Waterfront Site

5

Pier 27

Action

Authorization to negotiate the James R. Herman Cruise Terminal management agreement with the highest ranked management team bidder

6

Jefferson Street

Action

Approval of Port Harbor Traffic Code amendment for the Jefferson Street Improvement Project

 

JUNE 11,  2013

 

 

FACILITY/POLICY

ITEM

 

TITLE

 

1

Pier 38

Informational

Presentation introducing the bidders for the rehabilitation of Pier 38

2

Portwide

Action

Approval of the Fiscal Year 2013-14 Monthly Rental Rate Schedule, Monthly Parking Stall Rates, Special Event and Filming Rates, and the Port of San Francisco’s Standard Real Estate Leasing Policy and Procedures

3

Pier 9

Action

Request approval to rescind the 2011 RFP and issue a new RFP for an excursion boat operator at Pier 9

 

JULY 9, 2013

 

 

FACILITY/POLICY

ITEM

 

TITLE

 

1

Portwide

Action

Authorization to award the contract for As-Needed Environmental and related Professional Services for three contracts at $1 million each, totaling $3 million

2

Pier 27

Action

Approval of the James R. Herman Cruise Terminal management agreement with the highest ranked management team

3

Fisherman’s Wharf

Action

Approval of a resolution replacing Port Commission Resolution 95-56 to approve street artists spaces for the Fisherman’s Wharf area under the City’s Street Artist Program and adopting conditions and limitations on such use

4

Fisherman’s Wharf

Action

Approval of an amendment to the Street Performer Program for the Fisherman’s Wharf area

 


 

DATE TO BE DETERMINED

 

 

FACILITY/POLICY

ITEM

 

TITLE

 

1

South Beach

Action

Port Commission’s consideration of agreements between the Port Commission and the Successor Agency to mutually terminate 13 ground leases in the South Beach project area and set business terms for the transfer of the South Beach Harbor Program

2

Portwide

Action

Approval to enter into agreements with the San Francisco Municipal Transportation Agency and the regional bike share program operator to use Port property for the Bay Area Regional Bike Share Pilot Program

3

SWL 351

Action

Approval of resolution recommending that the Board of Supervisors form a City and County Infrastructure District No. 2 and adopt the Infrastructure Financing Plan included in Appendix C which will capture tax increment from the Seawall Lot 351 project (commonly known as the 8 Washington Street project) for site open space improvements, the Cruise Terminal project, under-pier utilities and pier substructure repairs; and authorizing the Port’s Executive Director to enter into a Memorandum of Understanding with the City and County of San Francisco acting through the Controller’s Office to implement the District

4

Pier 70

Action

Approval of Federal Cost Sharing  Agreement between the Port of San Francisco and the U.S. Army Corps of Engineers for study of the Central Basin Dredge Project

 

 

 

COMMUNICATIONS TO PORT COMMISSION

From April 5-18, 2013

 

  • From Dennis Bartels, Exploratorium Executive Director, invitation to the Exploratorium’s grand opening on April 17, 2013
  • From Cheryl Brinkman, Vice Chair of MTA Board, regarding Ferry Building Plaza proposal
  • From Tom Radulovich, Executive Director of Livable City, concern about parking lot behind the Ferry Building
  • From Leah Shahum, Executive Director of SF Bicycle Coalition, regarding concern for parking on Port open space


 

MAY/JUNE 2013

CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

 

DATE

TIME

GROUP

LOCATION

May 14

2:00 PM

Closed Session

Port Commission

Port Commission Hearing Room at the Ferry Building

 

3:15 PM

Open Session

Port Commission

Port Commission Hearing Room at the Ferry Building

May 28

2:00 PM

Closed Session

Port Commission

Port Commission Hearing Room at the Ferry Building

 

3:15 PM

Open Session

Port Commission

Port Commission Hearing Room at the Ferry Building

June 11

2:00 PM

Closed Session

Port Commission

Port Commission Hearing Room at the Ferry Building

 

3:15 PM

Open Session

Port Commission

Port Commission Hearing Room at the 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. The Port Commission meetings can be viewed online at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92. The Port Commission meetings are also broadcasted on the 2nd & 4th Thursday of the month at 9 p.m. on Comcast Cable Channel 26 or Astound Cable Channel 78 (formerly RCN Cable). Contact Amy Quesada at 274-0406 or amy.quesada@sfport.com

 

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 Rip Malloy @ 274-0267 or rip.malloy@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 Jim Maloney @ 274-0519 or jim.maloney@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 Catherine Reilly at the former Redevelopment Agency @ 749-2516 or catherine.reilly@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 Jonathan Stern @ 274-0545 or jonathan.stern@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 @ 705-8674 or mark.paez@sfport.com

 

The Southern Waterfront Advisory Committee (SWAC) meets every last Wednesday of the month from 6:15 to 8:15 p.m. Location to be determined. Contact David Beaupre @ 274-0539 or david.beaupre@sfport.com

 

The Waterfront Design Advisory Committee (WDAC) meets 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 @ 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.

 

A sign language interpreter and alternative format copies of meeting agendas and other materials can be provided upon request made at least 72 hours in advance of any scheduled meeting. Contact Wendy Proctor, Port’s ADA Coordinator, at 274-0592, the Port’s TTY number is (415) 274-0587.

 

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 Chris Rustom by mail: 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 interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Mr. Rustom or by printing Sections 67.1 et seq. of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.

NOTICES

 

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.