San Francisco Port Commission Meeting - January 24, 2023: Elections, Burton Tribute, Bond Issuance, and Waterfront Plan
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San Francisco Port Commission Meeting - January 24, 2023
The Port Commission met on Tuesday, January 24, 2023, starting at 10:30 AM and adjourning at approximately 5:53 PM. The meeting included elections for commission leadership, a tribute to departing Commissioner John L. Burton, public comment on union organizing, approval of a long-term lease for the historic SS Jeremiah O'Brien, authorization of a $42 million seawall bond issuance, and an informational presentation on revisions to the Waterfront Plan. All votes were unanimous unless noted.
Consent Calendar
- Resolution 2301: Adopted findings under state urgency legislation to allow remote meeting attendance during the COVID-19 emergency (unanimous).
- Resolution 2302: Retroactively authorized modification of construction contract #2795 (Heronshead Park Path and Electrical Improvements) extending the substantial completion date by 71 days to a total of 269 days (unanimous).
- Resolution 2303: Authorized execution of a grant agreement with the San Francisco Parks Alliance to accept $3,250,000 for proposed Crane Cove Park enhancements (unanimous).
Public Comments & Testimony
- Public Comment on Non-Agenda Items (Alcatraz Cruises Unionization):
- Robert Estrada (IBU Regional Director) reported that Alcatraz Cruises workers voted 82% to unionize in September 2022, but only one bargaining session has occurred. He stated the company disputes the inclusion of captains in the union, even though captains were the first to seek representation. He noted that a negotiating team member was terminated the day after the first session, allegedly for leaving drips in a coffee drip tray. He expressed concern that the company is delaying negotiations and urged the commission to support the workers.
- Robert Hedrick (Snack bar attendant, Alcatraz City Cruises) said he earns $19/hour, which is insufficient to live in San Francisco, and that scheduling is unstable. He asked for the commission's support to achieve a fair contract.
- Jack Alvin (Deckhand, Alcatraz City Cruises) stated that the company has been slow to negotiate and that workers have been ready to meet in good faith. He asked the port to help ensure their rights to collectively bargain are respected.
- Tristan Senough (Senior deckhand, Alcatraz Cruises) said the captains were the first to organize and that the company is trying to divide workers by claiming captains are supervisors. He noted that the NLRB has ruled that the company must negotiate over the captains' inclusion. He asked the port to support unity among workers.
- Commissioner John L. Burton, in his final meeting, expressed strong support for the union, stating he would walk the picket line if necessary and contribute to the strike fund. He called the company's stance unfair and contrary to other waterfront operators.
- Public Comment on Executive Director's Report:
- Ellen Jonk (Co-chair, Maritime Commerce Advisory Committee) spoke in support of Commissioner Burton, thanking him for his service and leadership on maritime and labor issues.
Discussion Items
Election of Port Commission President and Vice President (Item 9A)
- Commissioner Burton nominated Kimberly Brandon for President; no other nominations. Public comment was none. The commission voted unanimously to elect Kimberly Brandon as Port Commission President for 2023.
- Commissioner Brandon nominated Willie Adams for Vice President; no other nominations. The commission voted unanimously to elect Willie Adams as Vice President. Both expressed gratitude and commitment to the port's work in 2023.
Executive Director's Report (Item 9B)
- Director Elaine Forbes reported on the port's response to January 2023 atmospheric rivers, noting that the port team deployed sandbags, cleared drains, secured assets, and managed power outages. She highlighted the port's financial recovery: a profit of $15.7 million in FY2022 compared to a loss of $47.9 million the prior year, achieving balanced operating expenses to revenues.
- She announced a banner year expected for cruise calls, continued waterfront activation (including commercial crabbing and Dungeness crab season opening December 31), and a youth-focused field trip on sea level rise held January 20 with Abraham Lincoln High School and the Exploratorium.
- Forbes noted that the port has completed 24 community engagements on the draft Waterfront Adaptation Strategies, connecting with 450 community members. Feedback prioritizes flooding safety and indicates that lower sea-level rise strategies are insufficient. She also mentioned a $50 million FEMA grant application for the Downtown Coastal Resilient Project.
- The report concluded with a tribute to Commissioner Burton, highlighting his role in securing $117 million in ARPA funding, which prevented layoffs and allowed the port to rebuild staffing and equipment. Multiple staff members (Dominic Reno, Nate Cruz, Boris Elpin, Tim Felton) spoke in appreciation of Burton's advocacy and legacy.
Maritime Lease – SS Jeremiah O'Brien at Pier 35 (Item 11A)
- Deputy Director Andre Coleman and Dimitri Amara presented a proposed 10-year lease (with one 5-year option) for the National Liberty Ship Memorial to berth the SS Jeremiah O'Brien at Pier 35 North, relocating from Pier 45 after the 2020 shed fire. The lease includes 732 sq ft of land, 18,500 sq ft of apron, and 48,000 sq ft of submerged land.
- Base rent increases from $2,351/month to $3,661/month, with 5% increases every five years. Participation rent rises to 7.5% for tickets and 10% for film/retail. The tenant commits $50,000 in improvements (gate, safety railing, security lighting).
- Commissioners expressed strong support, noting the vessel's historical significance and educational value. Commissioner Lee applauded the preservation effort. Vice President Adams emphasized the need to preserve such relics for younger generations. The item was approved unanimously via Resolution 2304.
Waterfront Resilience Program – Second Bond Issuance (Item 12A)
- Brad Benson and Nate Cruz presented a request to issue $42 million in Proposition A seawall bonds (second issuance) to fund early projects, adaptation strategies, and the Army Corps of Engineers flood study. Total appropriations to date would reach $106.5 million.
- The funds will support pre-design and detailed design of six Embarcadero early projects, including the Wharf J9 project, Pier 15 bulkhead retrofit, Ferry Building seawall upgrade, and the Downtown Coastal Resilience Project. A third issuance is planned for 2024 for construction.
- Commissioners noted the challenging interest rate environment and the importance of moving quickly. Vice President Adams warned of potential federal debt ceiling fights. The resolution (2305) was approved unanimously.
Informational Presentation on Waterfront Plan Revisions (Item 13A)
- Diane Oshima presented proposed final revisions to the Draft Waterfront Plan, incorporating public comments from swim clubs (Dolphin and South End), SFMTA, BCDC, and others. Key revisions include:
- Explicitly including open-water swimming as a water recreation activity on the entire waterfront.
- Updating transportation terminology from “alternative modes” to “low carbon” to align with city climate goals.
- Updating policy 21 to reflect that the Embarcadero Blue Greenway connection has been created and should be maintained.
- Oshima also outlined interagency coordination with the Planning Department (to align General Plan elements and zoning) and with BCDC (to remove the 50% replacement fill rule and geographic vicinities, allowing a unified approach across the entire 7.5-mile waterfront).
- Discussion focused on the Embarcadero promenade: Commissioner Brandon and others expressed concern that the plan language could be interpreted to allow cyclists on the promenade, which they want reserved for pedestrians. Oshima offered to delete references to cyclists on the promenade in the text. Director Forbes noted that the port code change would be the ultimate mechanism. Commissioner Gilman requested that the 50% rule be removed for the entire waterfront, not just the northeast. The item was informational only; no vote was taken.
Key Outcomes
- Elections: Kimberly Brandon elected President, Willie Adams elected Vice President for 2023 (unanimous).
- Consent Calendar: Resolutions 2301, 2302, 2303 adopted unanimously.
- Lease Resolution 2304: Approved unanimously – 10-year lease for SS Jeremiah O'Brien at Pier 35.
- Bond Resolution 2305: Approved unanimously – $42 million second issuance of seawall bonds.
- Waterfront Plan: Informational only; staff will incorporate commission direction on promenade language and return for action on February 14, 2023.
- New Business: Commissioner Gilman requested an interdepartmental informational hearing on street vending, particularly alcohol and cannabis sales, inviting DPH, SFPD, and DPW. Commissioner Lee requested a list of available leases and information on how to post contract/job opportunities for small businesses, and an update on port staffing and hiring challenges. Director Forbes acknowledged the issues and will work to bring updates.
- Adjournment: The meeting was adjourned in memory of the victims of the Monterey Park and Half Moon Bay mass shootings. Motion passed unanimously.
Meeting Transcript
President Kimberly Brandon. Here. Commissioner John Burton. Yes. Commissioner Gil Gilman. Present. Commissioner Stephen Lee. 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 Rama Tishaloni have never ceded, lost, nor forgotten their responsibilities as the 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. Item number two is the approval of minutes for the December thirteenth, twenty twenty-two Port Commission meeting. So moved. Second. Commissioners, there is a motion and a second to approve the minutes. Item number three is public comment on executive session. At this time, Corey will provide instructions now for remote participants. Comments will be limited to three minutes per person. The queue is now open. Please dial star three if you wish to make public comment. We have a motion and second. All in favor say aye. Any of our closed sessions discussions? I so move. Second. We have a motion and a second. All in favor, say aye. Aye. Opposed? Pass this unanimously. We are now in open session. Jenica. Item number six is the Pledge of Allegiance. Pledge allegiance to the flag. United States of America. And to the Republic for which it stands. Item number seven is announcements. Please be advised that the ringing of and use 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 public comments on each agenda item unless the port commission adopts a shorter period on any item. Public comment must be in respect to the current agenda item. During each public comment period, the moderator will instruct you to dial star three to be added to the queue for that particular item. Mute your device and listen to the meeting from your telephone, which has no delay. And in September, we won an well, we had an election and we won an election to represent Alcatraz Cruises workers. And I'm basically here today with a small contingent of those workers to my left here, just to sort of formally announce and introduce our efforts to get a collective bargaining agreement with the company. To date, uh despite having uh the election in September, we've only managed to have one negotiating session. We do have another scheduled for the end of this month, but it was hard to get that one. And uh honestly, we we really are optimists in this, and we're looking for cordial um and cooperative um conclusion to these negotiations. We hope that they're gonna be done well, but we also recognize that as the summer season comes up that things, you know, it could the landscape could change if we don't get more negotiation dates under our belt. Um one of the problems that we see is potentially uh looming is the fact that there's a disagreement on on the status of the captains. The NLRB made specific ruling that we should negotiate over unit placement of the captains, as highlighted in the document that I handed you at our one meeting that we've had so far. The it was indicated to us that the company intended to fight us on that, possibly try to drag it out through uh through an election and subsequent appeals and such.
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