DECEMBER 16, 2011 SPECIAL PORT COMMISSION MEETING AGENDA - PDF FILE
REVISED
SAN FRANCISCO PORT COMMISSION
Kimberly Brandon, President
Ann Lazarus, Vice President
Francis X. Crowley, Commissioner
Doreen Woo Ho, Commissioner
Leslie Katz, 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
SPECIAL MEETING
FRIDAY, DECEMBER 16, 2011
9:00 A.M. CLOSED SESSION
10:15 A.M. OPEN SESSION
LEGISLATIVE CHAMBER, ROOM 250
CITY HALL, 1 DR. CARLTON GOODLETT PLACE
SAN FRANCISCO CA 94102-4689
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. CALL TO ORDER / ROLL CALL
2. APPROVAL OF MINUTES – November 15, 2011
3. PUBLIC COMMENT ON EXECUTIVE SESSION
4. EXECUTIVE SESSION
A. Vote on whether to hold closed session.
An Executive Session has been calendared to discuss the following matters:
(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 19, 23, 26, 27, 28, 29, 29½, 30-32, 80, Piers 14-22½, 32-36 and 54 water areas and Seawall Lot 330
Person Negotiating: Port: Jonathan Stern, Assistant Deputy Director, Planning & Development and Brad Benson, Special Projects Manager
*Negotiating Parties: America’s Cup Event Authority, LLC: Stephen Barclay, Craig Thompson and Patrick Jost
Under Negotiations: ___ Price ___ Terms of Payment XX Both
An executive session has been calendared to give direction to staff regarding real estate negotiations for Port property located at Piers 19, 23, 26, 27, 28, 29, 29½, 30-32, 80, Piers 14-22½, 32-36 and 54 water areas and Seawall Lot 330.
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. 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 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.
7. EXECUTIVE
A. Executive Director’s Report
· Schedule of Port Commission Meetings for 2012
· Cancellation of Regular Port Commission - January 10, 2012
· Special Port Commission Meeting - January 20, 2012
8. CONSENT
A. Request approval for Port of San Francisco Zone Schedule No. 1 containing Rules, Regulations, Rates and Charges for Foreign Trade Zone #3 and submission of the Amended Zone Schedule to the Foreign Trade Zone Board for review. (Resolution No. 11-73)
B. Request approval of the Agreement by and between the City and County of San Francisco by and through its San Francisco Port Commission and Valero Refining Company-California granting Valero Refining exclusive authority to operate its site in Benicia as a Foreign Trade Zone #3 subzone for a term of 5 years, with 3 mutual options to extend for 5 years each. (Resolution No. 11-74)
9. PLANNING & DEVELOPMENT
A. Request adoption of California Environmental Quality Act (CEQA) Findings and a Mitigation Monitoring and Reporting Program (MMRP) in connection with the authorization of construction contracts and associated approvals to implement the Pier 27 James R. Herman Cruise Terminal and Northeast Wharf Plaza (Project), located on The Embarcadero at Lombard Street. (Resolution No. 11-75)
Request approval of a Third Amended Memorandum of Understanding (MOU) with the San Francisco Department of Public Works (DPW) to increase the MOU funding from the existing amount not-to-exceed $3,883,664 to a total amount not-to-exceed $7,778,267, which amounts to an increase of $3,894,603, for Phase 1 Project construction administration services and other services, and to extend the term from March 30, 2012 to April 1, 2013. (Resolution No. 11-76)
Request approval to amend the Architectural and Engineering contract with the joint venture of Kaplan, McLaughlin, Diaz Architects and Pfau Long Architecture to include services for Phase 1 construction administration, increase the amount of the contract from $8,110,903 to an amount not-to-exceed $8,888,292, which consists of an increase of $777,389, and authorize a contingency funds of $285,000 (approximately 3.2%) for unforeseen design and related services and to extend the term from March 30, 2012 to April 1, 2013. (Resolution No. 11-77)
Request approval to amend the Construction Manager/General Contractor contract with Turner Construction Company to increase the contract amount from $9,989,251 to an amount not-to-exceed $41,480,748, which consists of an increase of $31,491,497, and to staff to increase the contract amount by $3,927,676 (approximately 9.5%) through contract modification or change order, if needed for unanticipated contingencies to fund the Phase 1 Project construction trade subcontractor packages, including shed demolition and the design-build shoreside power relocation. (Resolution No. 11-78)
B. Request adoption of California Environmental Quality Act (CEQA) Findings and a Mitigation Monitoring and Reporting Program (MMRP) in connection with approval of Disposition Agreement for the 34th America's Cup project (the “Project”), involving use of Piers 26, 28, 30-32, 9, 19, 19½, 23, 27-29, and 29½ and adjacent water areas; water basins between Piers 32 and 38 and Piers 14 and 22½, all located along The Embarcadero waterfront; Seawall Lot 330; and a portion of Pier 80, located along the north side of Islais Creek, east of Illinois Street (each, a “Venue”). (Resolution 11-79)
Request approval of Development and Disposition Agreement, and related actions to implement the 34th America's Cup Project, involving use of Piers 26, 28, 30-32, 9, 19, 19½, 23, 27-29, and 29½ and adjacent water areas; water basins between Piers 32 and 38 and Piers 14 and 22½, all located along The Embarcadero waterfront; Seawall Lot 330; and a portion of Pier 80, located along the north side of Islais Creek, east of Illinois Street. (Resolutions 11-80)
C. Informational Update on the Establishment of a Port Infrastructure Financing District.
10. REAL ESTATE
A. Request approval of the 34th America’s Cup and James R. Herman Cruise Terminal and Northeast Wharf Plaza Tenant Relocation Plan San Francisco, California. (Resolution Nos. 11-81 and 11-82)
B. Informational presentation of proposed Policy for Zero Waste Events and Activities, restricting the sale, use, and distribution of certain plastic bags, plastic bottles, plastic food ware, and the release of balloons.
C. Request approval of Lease No. L-15004 with Bauer’s Intelligent Transportation Inc., subject to approval by the Board of Supervisors, for a ten year lease of office, shed and yard space at Pier 50, Sheds A and C (Resolution No. 11-83); Approval of License No. L-15074 with Bauer’s Intelligent Transportation Inc. for interim use of office space at 401 Terry Francois Boulevard with a one-year term and an initial six- month free rent period (Resolution No. 11-84); and Approval of License No. L-15075 with Bauer’s Intelligent Transportation for interim use of shed and yard space and access to office space at Pier 50 Shed A & C, with no rent. (Resolution No. 11-85)
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)
· Election of Port Commission Officers (January 20, 2012)
· Informational update on alternatives to bring Pier 38 into code compliance (January 20, 2012)
· Request authorization to award four (4) contracts for As-Needed Real Estate Economics and Related Services (January 20, 2012)
· Request authorization to award Construction Contract No. 2754, Pier 50 Substructure Repair (January 20, 2012)
· Request authorization to award Construction Contract No. 2726, Brannan Street Wharf Project (January 20, 2012)
· Request authorization to execute an amendment to the professional services agreement with Winzler & Kelly/Structus JV for the Brannan Street Wharf Project to authorize additional scope and fee for design and engineering support during bidding and construction (January 20, 2012)
· Request authorization to award Construction Contract No. 2723, Pier 70 Building 113 Stabilization (January 20, 2012)
· Request authorization to advertise for competitive bids for the Pier 33 Bulkhead Building Improvements, Contract No. 2743 (January 20, 2012)
· Request authorization to award Construction Contract No. 2755, Port Security Fences, Phase 3 Project (January 20, 2012)
· Request authorization to accept and expend $1,121,795 in 2009 Infrastructure Protection Program Port Security Grant Program funds from the Department of Homeland Security for security improvements at the Port of San Francisco (January 20, 2012)
· Request approval of Port projects to be funded in the third sale of the 2008 Clean and Safe Neighborhood Parks General Obligation Bond (January 20, 2012)
· Request approval of proposed Policy for Zero Waste Events and Activities restricting the sale, use, and distribution of certain plastic bags, plastic bottles, plastic food ware and the release of balloons (January 20, 2012)
· Informational presentation on the findings and recommendations of the Feasibility Study and Remedial Action Plan to address contaminated soil at Pier 70 (February 14, 2012)
· Informational presentation on the Port’s Biennial Operating Budget for Fiscal Years 2012-13 and 2013-14 (February 14, 2012)
· Informational presentation on the Port’s Proposed Biennial Capital Budget Funding for Fiscal Years 2012-13 and 2013-14 (February 14, 2012)
· Request approval of the Port’s Biennial Operating Budget for Fiscal Years 2012-13 and 2013-14 (February 28, 2012)
· Request approval of the Port’s Proposed Biennial Capital Budget Funding for Fiscal Years 2012-13 and 2013-14 (February 28, 2012)
· Request authorization to award Construction Contract No. 2743, Pier 33 Bulkhead Building Improvements (March 13, 2012)
· Informational presentation on SWL 337 Associates, LLC's submittal of the Revised Proposal for the development of SWL 337 and Pier 48 pursuant to the Exclusive Negotiation Agreement and consistent with the Request for Proposals and the Financial and Negotiating Principles previously identified (March 27, 2012)
· Informational Presentation on San Francisco Municipal Transportation Authority and Port Mission Bay on Street Parking Strategy and proposed amendments to Port Harbor Traffic Code for Terry Francois Boulevard and the following streets east of Illinois Street: Mission Rock Street, Mission Bay Boulevard North, Mission Bay Boulevard South, South Street, 16th Street, Illinois Street, 20th Street, 23rd Street, 24th Street, 25th Street, Cesar Chavez; and Michigan Street between Marin and Cesar Chavez Streets (Date to be determined)
· Informational presentation on the status of yellow tagged Port facilities (Date to be determined)
· Request approval of Lease No. L-14957 with Paul’s Stores, Inc. DBA Cost/Less Inventory Services, a California Corporation for a term of twenty-four months for premises located at Pier 70, Building 2, and containing approximately 69,358 square feet (Date to be determined)
· Request approval to enter into an agreement with the Bay Area Air Quality Management District to lease locations to operate bike share stations as part of the Bay Area Regional Bike Share Pilot Program (Date to be determined)
· Request approval of renewal of lease with Aadvark Storage Unlimited, Inc., dba American Storage Unlimited, Inc. for a term of five years with one five-year option for a 6.29 acre parcel on a portion of Seawall Lot 344, subject to Board of Supervisors’ approval (Date to be determined)
· Request approval to enter into an Exclusive Right to Negotiate Agreement (ENA) with Kinder Morgan Operating LP, owned by Kinder Morgan Energy Partners LP, to negotiate terms for entering into a lease of Port property to design, finance, build and operate a bulk cargo marine terminal at Pier 96 (Date to be determined)
COMMUNICATIONS TO THE PORT COMMISSION
FROM NOVEMBER 10 TO DECEMBER 14, 2011
· From Leah Shahum, San Francisco Bicycle Coalition, handouts on Bike Safety and Cycling in the City
· From Zane O. Gresham, Morrison & Foerster, regarding comments on Supervisor Chiu’s proposed amendments to the Planning Code, Case No. 2011.0532T (Board File No. 11-0548)
· From Peter Cohen, Council of Community Housing Organizations, regarding Northeast Legislation (Planning Code)
· From Rick Laubscher, regarding 8 Washington Street Project
JANUARY/FEBRUARY 2012
CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC
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DATE
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TIME
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GROUP
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LOCATION
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January 10
Cancelled
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2:00 p.m.
Closed Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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3:15 p.m.
Open Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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January 20
Special Mtg.
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Time to be determined
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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February 14
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2:00 p.m. Closed Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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3:15 p.m.
Open Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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February 28
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2:00 p.m.
Closed Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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3:15 p.m.
Open Session
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Port Commission
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Port Commission Hearing Room @ the Ferry Bldg.
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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
Starting January 21, 2010, the Maritime Commerce Advisory Committee (MCAC) will meet 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 2nd Thursday of the month at 5:00 p.m. at 1700 Owens Street, 2nd Floor. Parking validation is available. Contact Catherine Reilly, San Francisco Redevelopment Agency, at 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 Rincon Point-South Beach Citizens Advisory Committee meets on a quarterly basis (the FOURTH MONDAY OF JANUARY AND THIRD MONDAYS IN APRIL, JULY, and OCTOBER), starting at 5:00 p.m. at the South Beach Yacht Club (Pier 40 on The Embarcadero). Contact Catherine Reilly, Assistant Project Manager, Redevelopment Agency, @ 749-2516 or Catherine.Reilly/REDEV/SFGOV@SFGOV
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
The Legislative Chamber (Room 250) in City Hall is wheelchair accessible. Meetings are real-time captioned and are cablecast open captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request. 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.
The nearest accessible BART location station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71 and 71L. For more information about MUNI accessible services, call (415) 701-4485.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street.
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.
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 25 Van Ness, Suite 220, San Francisco, CA 94102, phone (415) 252-3100 or fax (415) 252-3112; web site: www.sfgov.org/ethics.
