San Francisco Port Commission Meeting - September 14, 2021
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San Francisco Port Commission Meeting - September 14, 2021
The Port Commission met on September 14, 2021, from 2:00 PM to 5:37 PM. The meeting included approval of minutes, a closed session (challenged by a public commenter), reports from the Executive Director, approval of a grant for Heron's Head Park, informational presentations on the Pier 70 RFP for Building 49 and the NICE building, a proposal for a lease at Pier 70 shipyard, and a new communications policy for competitive solicitations. Several items were approved unanimously, while the NICE building RFP will be brought back after further analysis.
Consent Calendar
- Item 10a – Resolution 2135: Retroactive authorization to modify Construction Contract No. 2813 for 19th and Georgia Street Roadway Improvements to extend the substantial completion date.
- Item 10b – Resolution 2136: Approval of consent to sublease between Blue and Gold Fleet, L.P. and VP San Francisco, LLC for a month-to-month term to operate a retail shop at Pier 41.
- Item 10c – Resolution 2137: Approval of Memorandum of Understanding M-16811 with the Recreation and Park Department for rent-free use of Port submerged lands beneath a dock at 502 and 504 Jefferson Street in Aquatic Park. All three items were approved unanimously by a roll call vote (President Brandon, Vice President Adams, Commissioner Wuho, Commissioner Gilman).
Public Comments & Testimony
- Executive Session (Item 3): One anonymous caller stated that the closed session agenda was unlawfully noticed because it did not include the required language for conference with legal counsel. The caller noted that the agenda was later amended to cite real estate negotiations but was posted less than 72 hours prior, and they urged the commission not to proceed. The commission proceeded with closed session after a motion to not disclose items.
- Public Comment on Items Not on Agenda (Item 8): One speaker (unnamed) expressed full support for the Dog Patch Paddle Club and their proposal for Building 49, citing a successful paddleboarding event for youth with disabilities at Crane Cove Park. The speaker described the club as generous stewards of the land.
- Item 12A – Building 49 and NICE Building RFP: Five public commenters spoke:
- Charles Collins (Bayview Alliance) supported the Port's vision and the YMCA proposal for Building 49.
- Sarah King, a 17-year resident of Potrero Hill, supported the YMCA/Dog Patch Paddle partnership, describing personal and family experiences with Dog Patch Paddle.
- Paul Osmondson (Premier Structures) thanked the commission for the opportunity to submit a proposal for the NICE building.
- Terry Heffernan (Dog Patch Studios) supported Premier Structures' proposal for the NICE building, citing their quality and ability to get things done.
- J.R. Etler (Potrero Boosters Merchants Association, Friends of Dog Patch Hub) supported the YMCA proposal for Building 49 and expressed hope that the Port can create an opportunity at the NICE building that meets all needs.
- Two additional callers: Jeffrey Johnson (Luster National) supported Premier Structures, emphasizing equity and community engagement; Ryan Lee (member of Premier Structures design team) supported the NICE building proposal, highlighting its integration with Crane Cove Park. One final caller, Jeff Carter (former employee of Bethlehem Shipyard), supported the YMCA proposal for Building 49 and appreciated the Port's efforts.
- Item 13A – Silverado Shipyard Lease: One public commenter, Alan Jonk (co-chair of Maritime Commerce Advisory Committee), spoke in favor of the pilot program, calling it creative and exciting for maritime reuse. A second caller, Scott Clough (Silverado Contractors), thanked the commission and staff for the opportunity.
- Item 14A – Competitive Selection Process Policy: One caller, Francisco de Costa, expressed skepticism about the controller's office's ability to ensure transparency, citing corruption at the San Francisco Public Utilities Commission.
Discussion Items
- Executive Director's Report (Item 9A): Elaine Forbes reported on emergency preparedness, vaccination progress (nearly 80% of eligible San Franciscans fully vaccinated, nearly 90% of city workforce vaccinated), the November 1 vaccination deadline for city employees, a pop-up vaccination clinic on September 23, launch of racial equity training, a sidewalk vendor program workshop with 50 attendees, and the Heron's Head Park Shoreline Resilience Project. She also announced that Crane Cove Park won the 2021 American Society of Civil Engineers San Francisco Section Award.
- Item 11A – Heron's Head Park Shoreline Resilience Project Grant: Carol Bach presented a request to accept $1,493,000 from the California Department of Fish and Wildlife for shoreline stabilization. The project includes a living shoreline approach with a coarse sand and gravel beach and enhanced wetland habitat. The port will also seek additional funding (88% of construction costs already covered by this grant and an Ocean Protection Council grant). The project must be constructed between August and January to protect fish and wildlife. The grant requires the Port to maintain the park for habitat protection and public access. The resolution was adopted unanimously.
- Item 12A – Informational Presentation on RFP for Building 49 and NICE Building: Rebecca Benassini and Jamie Hurley presented scoring results for two RFPs at Pier 70. For Building 49 (approx. 8,000 sq ft), two proposals were received: YMCA of San Francisco (partnered with Dog Patch Paddle and Daily Driver) scored 462 out of 650 points; Ted Choi (City Kayak) scored 347. The YMCA proposed a $6 million investment, human-powered watercraft center, food concession, and community programming. For the NICE building (approx. 13,500 sq ft), two proposals were received: Friends of the Dog Patch Hub (community nonprofit) scored 348 points; Premier Structures (commercial firm) scored 349 points. The close scoring (1 point difference) reflected different strengths: Premier Structures scored higher on financial feasibility and capacity to deliver; Friends of Dog Patch Hub scored higher on community benefits. The YMCA presented their vision for Building 49, emphasizing community access, equity, and partnerships. Commissioners expressed strong support for the YMCA proposal for Building 49. For the NICE building, they noted the need for more information on financial viability and execution capacity, and asked staff to consider options including reissuing the RFP. Staff will go to the Southern Advisory Committee and return to the commission in October at the earliest.
- Item 13A – Informational Presentation on Silverado Shipyard Lease: Brendan Mahoney presented a proposal for a two-year lease of a 51,000 sq ft vacant area at Pier 70 shipyard to Silverado Contractors. The lease includes $400,000 in tenant improvements (debris removal, barge removal, concrete removal) with up to $309,000 in rent credits. The area is currently not generating revenue. The pilot program aims to reactivate a boat ramp for small watercraft removal and disposal. Commissioners expressed support for the creative partnership and look forward to a future action item.
- Item 14A – Informational Presentation on Competitive Selection Process Communications Policy: Stephanie Tang, joined by Mark Delarosa (Controller's Office), presented a policy to prohibit communication between commissioners/staff and bidders during the quiet period (from advertisement to commission action). The policy is based on a Controller's Office report from January 2021 that found weaknesses in commission ethical standards. The policy will be implemented through agenda appendixes, RFP language, expanded conflict of interest forms, and a whistleblower program. Exemptions include normal business, pre-bid communications, public comment, and pre-qualified pools. Commissioners supported the policy and noted that the Port already informally follows a quiet period.
Key Outcomes
- Minutes approved: August 10, 2021 meeting minutes approved unanimously.
- Closed session: Commission held closed session for real estate negotiations; voted not to disclose matters discussed.
- Consent Calendar approved: Resolutions 2135, 2136, 2137 adopted unanimously.
- Heron's Head Park grant approved: Resolution 2138 adopted unanimously, authorizing acceptance and expenditure of $1,493,000 from CA Department of Fish and Wildlife, pending Board of Supervisors approval.
- Building 49 RFP: Staff will present recommendation to Southern Advisory Committee and return to commission for action (likely October 2021). Commissioners indicated strong support for the YMCA proposal.
- NICE building RFP: Staff will consider options (including reissuing RFP) and return with a recommendation. Commissioners asked for more analysis on financial feasibility and execution ability.
- Silverado shipyard lease: Staff will bring back an action item after further work. Commissioners expressed support for the pilot program.
- Competitive selection policy: Staff will bring back an action item after incorporating commissioner feedback. Commissioners supported the policy direction.
- Adjourned: Meeting adjourned at 5:37 PM.
Meeting Transcript
Commission for Tuesday, September 14th, 2021. Port Commission President Kimberly Brandon called the meeting to order at 2 p.m. Item number one is roll call. President Kimberly Brandon. Here. Vice President Willie Adams. Here. Commissioner John Burton. Come back to Commissioner Burton. Commissioner Gilman. Commissioner Gilman was having tech challenges and she's trying to join now. Commissioner Wuho. Yes. And just double checking, Commissioner Burton. And Commissioner Gilman. We'll get them on the line as soon as possible. But Madam President, you do have a quorum. Thank you. The San Francisco Port Commission acknowledges that we are on the unceded ancestral homeland of the Ramatish Shaloni, who are the original inhabitants of the San Francisco Peninsula. As the indigenous stewards of this land and in accordance with their traditions, the Ramatushalone have never ceded, lost, nor forgotten their responsibilities as the caretaker of this place, as well as for all peoples who reside in their traditional territory. As guests, we recognize that we benefit from living and working on their traditional homeland. We wish to pay our respects by acknowledging the ancestors, elders, and relatives of the Ramatushalone community and by affirming their sovereign rights as first peoples. That brings us to item two approval of minutes for the August 10th, 2021 Port Commission meeting. So moved. Second. Thank you. We have a motion and a second. Carl, can we please have a roll call vote? President Brandon. Aye. Vice President Adams. Yes. Commissioner Wuho. Yes. And just double checking if Commissioner Burton or Commissioner Gilman are with us. All right. Thank you. The motion passes. The minutes of the August 10th, 2021 meeting have been approved. Item number three is public comment on executive session. Thank you. I would like to announce that today's court commission agenda has been amended and reposted to make clear that the closed session items are solely for real estate negotiations. We will now open the phone lines to public comment on executive session for members of the public who are joining us on the phone. Jenica will be our operator and we'll provide instructions now for anyone on the phone who would like to provide public comment. Thank you, President Brandon. At this time, we will open the queue for anyone on the phone who would like to make public comment on executive session. Please style star three if you wish to make public comment. The system will let you know when your line is open. Others will wait on mute until their line is open. Comments will be limited to three minutes per person.
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