San Francisco Port Commission Regular Meeting – April 26, 2022
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San Francisco Port Commission Regular Meeting – April 26, 2022
The San Francisco Port Commission met on Tuesday, April 26, 2022, at 10:15 a.m. The meeting included an executive session, consent calendar, engineering contract award, discussions on port-owned properties south of India Basin, public art processes and a proposed installation, a proposed lease renewal, and new business. Commissioners heard public testimony, debated equity and environmental justice concerns, and directed staff to return with actionable plans.
Consent Calendar
- Item 10A: The Commission unanimously approved Resolution 2222, amending the Pier 70 Special Use District design for development to clarify definitions of retail and office use without altering building bulk, height, or development capacity. The amendment was previously approved by the Planning Commission on March 3, 2022.
Public Comments & Testimony
- Shared Spaces Fee: A restaurant tenant opposed the Port’s proposed fee on additional tables allowed during the pandemic, calling it a “double dip” that undermines restaurants still recovering financially. The speaker urged the Commission to ensure the program is equitable.
- India Basin Property & Blight: Timothy Allen Simon, a resident of the Candlestick Heights community, expressed deep concern about blight, dust, and environmental racism affecting residents, children at Bret Hart School, and Gilman Playground. He criticized the Port for allowing “abandoned and blighted” conditions while investing in other areas, and called for a “deep investigation” into the Port’s culture and indifference.
Executive Director’s Report
- Economic Recovery: Executive Director Elaine Forbes announced that the State Lands Commission had just approved the Port’s second tranche of $58.2 million from the American Rescue Plan Act, preventing layoffs and enabling deferred capital maintenance. She also highlighted that the Carnival Miracle will begin 20 home‑port voyages from Pier 27 on Thursday, April 28, bringing thousands of passengers and crew to the waterfront.
- Equity Initiatives: The Port launched a six‑month senior‑level mentoring program for junior staff. Staff also participated in a career fair at Civic Center Plaza that attracted 1,500 attendees, largely from communities of color, to promote diverse talent pipelines.
- Key Projects: Port maintenance gardeners, in partnership with tenants and 20 volunteers, celebrated Earth Day by cleaning Islais Creek, planting over 100 new plants, and laying new bark at Rincon Park and Islais Creek.
Discussion Items
Item 11A – Heron’s Head Shoreline Resilience Contract (Action)
- Proposal: Award construction contract No. 2841 to Dixon Marine Services for $2,038,631, with a 10% contingency ($203,863), for a total authorization not to exceed $2,242,494. The project will construct a living shoreline to mitigate erosion, restore habitat, and pilot nature‑based sea‑level rise adaptation.
- Outreach: The contract was advertised February 22; 12 firms attended the pre‑bid meeting, six of which were Local Business Enterprises (LBEs). The SBE/DBE goal was 20%; Dixon Marine’s team achieved 98% SBE/DBE participation, including their own self‑performed work.
- Funding: The project is funded entirely by grants (San Francisco Bay Restoration Authority, Ocean Protection Council, California Department of Fish and Wildlife, National Coastal Wetlands Conservation Program, and a material donation from Martin Marietta). No Port funds are anticipated.
- Schedule: Notice to proceed expected in July 2022, substantial completion by December 2022. Post‑construction monitoring will continue for up to 10 years.
- Commission Action: Motion to approve, seconded, passed unanimously.
Item 12A – Port‑Owned Property South of India Basin (Informational)
- Overview: Chief Operating Officer Mike Martin presented maps and described four categories of Port holdings: (1) parcels slated for transfer to the Office of Community Investment and Infrastructure (OCII) for Hunters Point Shipyard Phase 2/Candlestick Point; (2) parcels for the fire training facility (approved for transfer April 12); (3) properties near Yosemite Slough with environmental management issues; (4) unimproved “paper streets” not accepted for city maintenance. A 2011 resolution to transfer parcels to OCII has not been executed because the developer (Five Point) is not yet ready; the Port continues to own and manage the land.
- Air Quality & Blight Concerns: New residents near Phase 1 raised complaints about dust from nearby operations. The Port’s tenant, Detail General, was found to be in compliance but is not renewing its lease in response to community concerns. Port staff have installed K‑rail barriers and coordinated with OCII, Bay Area Air Quality Management District, and the City Attorney to address illegal activities on adjacent private properties.
- Yosemite Slough Contamination: Sustainability Manager Rich Berman explained that PCBs, lead, and other contaminants from a former drum‑refurbishing company (Bay Area Drum) have polluted sediments. EPA is leading a Superfund cleanup; the City (SFPUC is lead) has been conducting studies. Cleanup is expected to begin in 2023 or 2024. The Port recently investigated its stormwater lines and found no additional contamination pathways.
- Commissioner Response: All commissioners expressed deep concern about environmental racism and neglect. Commissioner Brandon called the situation “embarrassing” and “environmental racism at its finest.” Vice President Wuho requested a timeline and project plan. President Adams asked Executive Director Forbes what she was prepared to do. Forbes proposed a joint hearing with the OCII commission and a commitment to report back in 60–90 days with a plan covering maintenance, security, and next steps. The Commission agreed.
Item 12B – Public Art Process & Proposed Temporary Installation at Pier 14 (Informational)
- Public Art at the Port: Dan Hodapp explained that public art arrives either through the city’s 2% for Art program (administered by the Arts Commission) or via unsolicited proposals. The Port lacks a dedicated public art program, staff, or budget. Staff plan to create a transparent web page with requirements and locations, and conduct outreach to BIPOC arts organizations.
- Proposed Installation: Artist Denise DeLarue presented “Time Equals 30,” a 23‑foot‑long replica of a blue whale skull made from recycled plastic. The sculpture aims to raise awareness about plastic pollution; by 2050 there could be more plastic than fish in the ocean. The installation would be at Pier 14 for six months, with an educational program supported by the San Francisco Department of the Environment. The Arts Commission Director Ralph Remington expressed enthusiastic support. Commissioners praised the project and echoed the need for a clear, inclusive public art policy.
Item 13A – Proposed Renewal Lease with Aardvark Storage Unlimited (American Storage) (Informational)
- Proposal: Renew a five‑year lease with a one‑year option for 274,163 square feet of paved land at Seawall Lot 344 (6.29 acres). Current rent is $82,000/month ($0.30/sq ft); the parameter (market) rate is $0.45/sq ft (a 51% increase). Staff propose using a leasing incentive tool (Resolution 2116) to ramp the rent up to parameter gradually over the lease term. The new lease would generate over $1 million in revenue.
- Discussion: Commissioner Brandon questioned why the tenant was not immediately brought to parameter, given it had been paying an unpaved‑land rate despite using paved land. Vice President Wuho noted the structural problem of large rent gaps. Staff explained that the low initial rate and 4% annual increases left a significant gap, and that tenant retention is crucial given a ~20% vacancy rate at the Port. Commissioners emphasized that this should not set a precedent and that future leases should include gradual escalations to avoid such gaps. No vote was taken; staff will return for approval on May 10, 2022.
Key Outcomes
- Contract Award: Resolution 2223 authorizing the Heron’s Head Shoreline contract to Dixon Marine Services was adopted unanimously.
- Consent Calendar: Resolution 2222 (Pier 70 SUD amendment) was adopted unanimously.
- India Basin Properties: The Commission directed staff to return within 60–90 days with a comprehensive plan addressing maintenance, security, and next steps for Port‑owned properties south of India Basin. A joint hearing with the OCII commission was also recommended.
- Public Art Policy: Staff will develop a transparent public art web page and conduct targeted outreach to diverse artists, returning with a draft policy later in 2022.
- Lease Renewal: Staff will bring the Aardvark Storage proposal back to the Commission on May 10, 2022, for formal approval and subsequent Board of Supervisors approval.
- New Business: The Commission noted that Vice President Doreen Wuho notified Mayor Breed she will not seek reappointment; her last day is May 10, 2022. Commissioners thanked her for 11 years of service.
Meeting adjourned at approximately 5:40 p.m.
Meeting Transcript
Number one is roll call. President Willie Adams. Here. Vice President Doreen Wuho. Here. Commissioner Kimberly Brandon. Here. Commissioner John Burton. Here. Commissioner Gail Gilman. Here. The San Francisco Port Commission acknowledges that we are on the unceded ancestral homeland of the Ramatishalone, who are the original inhabitants of the San Francisco Peninsula. As the indigenous stewards of this land, and in accordance with their traditions, the Ramatishalone have never ceded, lost, nor forgotten their responsibilities as caretakers 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, and we wish to pay our respects by acknowledging the ancestors, elders, and relatives of the Ramatishalone community, and by affirming their sovereign rights as first peoples. Commissioners, is there a motion to approve the minutes? Second. Aye. Aye. Opposed. Others will wait on mute until their line is open. Comments will be limited to three minutes per person. The queue is now open. Please style star three if you wish to make public comment. Item number four is executive session, and there are two items. San Francisco government television. We are now in open session. And item number six is the Pledge of Allegiance. And to the Republic with a stand, one nation under God and the visible with liberty and justice for all. Item number seven is announcements. Please be advised that the ringing of cell phones and similar sound producing electronic devices are prohibited at this meeting. 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 court commission adopts a shorter period on any item. Public comment must be in respect to the current agenda item. And the commission will take in-person public comment first and then remote public comment. For remote public comment, please dial four one five six five five zero zero zero one and enter access code two four eight three two eight one zero three four eight pound. During each public comment period, the moderator will instruct you to dial star three to be added to the queue, and an audio prompt will signal when it's your turn to comment. If you're watching this meeting streaming on SFGov TV, there's a short broadcasting delay. So to not miss your chance to comment, please dial when the item you want to comment on is announced, and then mute your device and listen only through your telephone, which has no delay. Others will wait on mute until their line is open. Comments will be limited to three minutes per person. Okay, Janica. And I am calling to voice my opinion over the proposed shared spaces fee that the port is going to be putting on the additional tables that were allowed, you know, not only for my restaurants, but for many of the other port restaurants to combat the adversities, the financial adversities of the pandemic. And as we all know, the restaurants took a major beating during the pandemic financially. And you know, just the fact that we don't have to have math now or check vaccine status doesn't mean that we're out of this uh predicament in any way, shape, or form. We're still crawling out of the hole, and uh we need all the help that we can get to get back on our feet. And so I I really feel like an additional fee on tables that are generating revenue, which support is earning percentage rent on, is in fact uh a double dip uh in terms of the the financial impact that it has to the restaurants. So uh I'm definitely not in favor of it. Uh I think it's something that really needs to be looked at from the standpoint of the restaurants and the businesses. Uh to the best of my knowledge, the financial fees are more than what the city is charging other businesses for chairs spaces. Uh so my ask for the commission is just to look at this program, make sure it's equitable and fair for all the players involved so that we can continue to serve all the guests uh on the waterfront and uh return to financial sustainability. Thank you very much for your time.
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