OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Port Commission Meeting Recap – October 10, 2023

Port CommissionTuesday, October 10, 2023
BodySan Francisco, California
SessionPort Commission
DateTuesday, October 10, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:03

And Commissioner Stephen Lee.

0:04

Here.

0:05

The San Francisco Port Commission acknowledges that we are on the unceded ancestral homeland of the Ramatish Shalone, who are the original inhabitants of the San Francisco Peninsula.

0:14

As the indigenous stewards of this land and in accordance with their traditions, the Ramatishalone 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.

0:29

As guests, we recognize that we benefit from living and working on their traditional homeland.

0:34

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.

0:44

Item two is the approval of minutes for the September 12th, 2023 Port Commission meeting.

0:50

So moved.

0:50

Second.

0:51

We have a motion and a second.

0:54

All in favor?

0:55

Aye.

0:55

Aye.

0:56

Any opposed?

0:58

The motion passes unanimously.

1:00

The minutes of the September 12th, 2023 meeting are adopted.

1:07

Item number three is the Pledge of Allegiance.

1:17

And to the Republic for which stands my nation under God and indivisible with liberty and justice for all.

1:30

Item four is announcements.

1:33

Please be advised that the ringing of and use of cell phones and similar sound-producing electronic devices are prohibited at this meeting.

1:41

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.

1:49

Public comment must be in respect to the current agenda item.

1:53

The commission will take in-person and remote public comments on each item, beginning with commenters in person.

2:00

For remote public comment, dial 1 415 655 0001 and enter access code 2661 29775 pound pound.

2:16

Then dial star three to raise your hand to comment on the item being discussed.

2:21

An audio prompts will signal when it is your turn to speak.

2:24

If you are watching this meeting on SIPGov TV, there is a short broadcasting delay.

2:29

To not miss your chance to comment, please dial when the item you want to comment on is announced.

2:33

Mute your device and listen to the meeting from your telephone, which has no delay.

2:39

Item number five is public comment on items not listed on the agenda.

2:43

Thank you, Jenica.

2:44

We will now take public comment on items not listed on the agenda.

2:48

I have one speaker card, Tammy Blackstone.

2:55

Thank you.

2:56

Good afternoon.

2:56

Uh Commissioners, my name is Cami Blackstone.

2:59

I'm the External Affairs Director for ATT in San Francisco.

3:02

It's my responsibility to ensure that wireless communication network is reliable, robust, and complies with the FCC and serves the citizens and public safety agencies in San Francisco.

3:14

ATT has had a long and positive history leasing space from the port and all city departments for the operation of our cell sites, and we value that relationship and would like to see it continue.

3:24

Unfortunately, due to a new and unprecedented provision that Port staff recently added to our lease for Pier 94, ATT cannot move forward with a very critical important new cell site for our network.

3:36

The Pier 94 cell site replace replaces an existing site located in the former Hunters Point shipyard.

3:44

And that existing site serves not only the residents and workers in the Bayview Hunters Point area, but also Recology, the San Francisco Police Department's training facilities, and Pier 96, which is the designated area for city medical mobile hospital and building inspection facilities in the event of a disaster.

4:00

From a public safety standpoint, it's one of the most important sites in our network.

4:04

But it's scheduled for redevelopment and needs to be relocated immediately.

4:07

So we've been working with port staff for over a year, uh identifying uh Pier 94 and uh working to relocate that site, which would serve an even larger swath of the Bayview Hunters Point area.

4:19

Every single lease that ATT has ever signed with the port or any city department over the last 30 years has been a standalone lease, which means if there's a problem with one site, it affects only that one site and not all of our other sites.

4:34

Unfortunately, Port Staff has now introduced a cross-default provision in our Pier 94 lease, which would require ATT to lose its entire investment and all of its cell site leases on port property at the same time as a result of a problem at just one site.

4:51

ATT is credit worthy.

4:52

We've been a tenant in good standing this whole time, and it's given the port no reason to include this cross-default provision.

5:00

And unless this provision is removed from the Pier 94 lease, ATT cannot move forward with it, and the port uh with the port and the Bayview Hunters Point area will lose this critical coverage.

5:11

Port staff has told ATT that the cross-default provision is a new port policy and that it is reasonable.

5:19

However, we believe that this policy has not been adequately discussed nor adopted by the Port Commission, and that the provision is unreasonable and will have an adverse impact on future capital investment on port properties.

5:31

I know this cross cross-default provision is not on your agenda today, but I'm asking you in the interest of public safety and to avoid a critical outage in this critical wireless service to the Bayview Hunters Point area that the commission move to instruct staff to remove this one provision so that we can move forward with this project and begin paying the port for our tenancy at Pier 94 and continue serving the first responders, the residents, the visitors, and workers with reliable wireless coverage.

6:00

Thank you.

6:01

Thank you.

6:03

Is there any other public comment?

6:12

Good afternoon, honorable president, honorable vice president, and honorable commissioners.

6:17

I'm John Newman.

6:18

I'm one of ATT's outside real estate council.

6:21

Speaking to the same issue as Kami Blackstone, the cross-default provision is unprecedented.

Discussion Breakdown — Share of Meeting
Real Estate And Leases██████████████████18%
Executive Director's Report██████████████14%
Public Comment██████████████14%
Homelessness███████████11%
Public Works███████████11%
Port Management██████████10%
Public Safety████████8%
Procedural████4%
Budget and Finance███3%
Summary of Proceedings

Port Commission Meeting Recap – October 10, 2023

The San Francisco Port Commission met on Tuesday, October 10, 2023, from 11:15 AM to 5:24 PM. The agenda included consent calendar items, an executive director’s report, a memorandum of understanding for the Embarcadero SAFE Navigation Center, a budget and lease amendment for the Mission Rock project, an exclusive negotiation agreement for Fisherman’s Wharf redevelopment, and an informational presentation on leasing Pier 33.5. Commissioners also heard public comments on non‑agenda matters, including an AT&T dispute over a cross‑default lease provision.

Consent Calendar

  • Item 7A (Resolution 2342): Approved a new 74‑month lease with Recology San Francisco for a single‑stream mixed materials recycling center at Pier 96.
  • Item 7B (Resolution 2343): Approved a three‑year lease (with three mutual one‑year extensions) with Anderson Enterprises, Inc. for approximately 116,343 sq ft of paved land and 2,010 sq ft of shed space at Pier 68/70 Shipyard, subject to Board of Supervisors approval.
  • Item 7C (Resolution 2344): Authorized an agreement with the Office of Community Investment and Infrastructure and the Recreation and Parks Department for the Port and RPD to maintain and operate certain Mission Bay Parks, funded by Community Financing District No. 5 revenues through 2044.

All consent items were approved unanimously.

Public Comments & Testimony

  • AT&T (Cami Blackstone, External Affairs Director; John Newman, outside real estate counsel): Expressed strong opposition to a new cross‑default provision in the proposed Pier 94 lease. They stated the provision would allow the Port to terminate all AT&T leases on Port property if any single lease is in default, jeopardizing a critical cell site that serves Bayview‑Hunters Point, Recology, SFPD training facilities, and the city’s emergency medical mobile hospital. They called the provision “unprecedented” and urged the Commission to direct staff to remove it. A representative from Verizon also spoke in support of continuing discussions.
  • Alice Rogers (vice chair of the Navigation Center advisory group): Expressed support for the continued interim use of the Embarcadero SAFE Navigation Center, but noted concerns about foot‑beat officer staffing and point‑in‑time count methodology. She thanked Port staff for addressing those issues in the updated MOU.

Discussion Items

  • Executive Director’s Report (Elaine Forbes): Honored Senator Dianne Feinstein, reported on a successful Fleet Week (parade of ships, air shows, Italian Heritage Parade), SB 273 signing (enabling Pier 30‑32 development), APEC preparations, the Portola Festival (57,000 attendees), Southern Waterfront greening efforts, a new playground and dog park at Crane Cove Park, and staff transitions (Justin Burton departing, Eric Young joining; Rod Iwashta leaving).
  • Item 8A – Navigation Center MOU (Resolution 2345): Port staff and HSH presented a two‑year MOU (with a two‑year extension option) for Seawall Lot 330. Key changes included strengthened foot‑beat officer commitments, revised point‑in‑time counts, and a six‑month termination notice. Commissioners expressed concerns about safety staffing and the ability to decommission the 200‑bed site rapidly, but ultimately approved the resolution.
  • Item 8B – Mission Rock Phase 1 Budget & Parcel Lease Amendments (Resolution 2346): Port staff presented a revised $218.5 million phase 1 budget (a $34.5 million increase since September), a $16.5 million Port capital contribution earning 10% annual interest, and three technical parcel lease amendments (correction of an error, clarification of refinancing participation and foreclosure treatment, and job‑housing equivalency fee recapture). Commissioners received commitments for quarterly cost reporting and early notification of budget impacts. The resolution was approved as amended (non‑substantive changes).
  • Item 8C – Fisherman’s Wharf Revitalized ENA (Resolution 2347): Port staff recommended a 24‑month exclusive negotiation agreement with Fisherman’s Wharf Revitalized LLC for a mixed‑use project at Pier 45 Sheds A and C, Seawall Lots 300‑301, and the Little Embarcadero. The concept includes an experiential museum/events center, public square, potential short‑term rentals, and support for the fishing industry. Commissioner Gilman asked that fishery needs and trust compliance be carefully considered. Commissioner Lee suggested a working fish market. The resolution was adopted after President Brandon successfully moved to keep the initial deposit at $100,000 and require Commission approval for any waiver of extension fees.
  • Item 8D – Pier 33.5 Restaurant (Informational): Staff reported that after marketing via a broker (Cushman & Wakefield) and receiving four proposals, the selection panel recommended Kuleto’s Waterside Italian Bistro (Pat Kuleto, Pete Sitnik, and partners). The concept emphasizes a modern Italian menu, grab‑and‑go service, and a five‑and‑a‑half percent percentage rent. The Port will now negotiate a final lease and return for approval. Commissioners welcomed the activation of the long‑vacant space.

Key Outcomes

  • Consent Calendar items (7A, 7B, 7C) approved unanimously.
  • Resolution 2345 (Navigation Center MOU) adopted unanimously after discussion.
  • Resolution 2346 (Mission Rock) adopted as amended (non‑substantive corrections to resolving clauses).
  • Resolution 2347 (Fisherman’s Wharf ENA) adopted after President Brandon’s amendment to set the deposit at $100,000 and require Commission‑level approval for any waiver of extension fees.
  • New business – none; the meeting adjourned in memory of Senator Dianne Feinstein and in honor of peace in the Middle East.

Meeting adjourned at 5:24 PM.

Meeting Transcript

And Commissioner Stephen Lee. Here. The San Francisco Port Commission acknowledges that we are on the unceded ancestral homeland of the Ramatish Shalone, 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 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. 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. Item two is the approval of minutes for the September 12th, 2023 Port Commission meeting. So moved. Second. We have a motion and a second. All in favor? Aye. Aye. Any opposed? The motion passes unanimously. The minutes of the September 12th, 2023 meeting are adopted. Item number three is the Pledge of Allegiance. And to the Republic for which stands my nation under God and indivisible with liberty and justice for all. Item four 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. 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. The commission will take in-person and remote public comments on each item, beginning with commenters in person. For remote public comment, dial 1 415 655 0001 and enter access code 2661 29775 pound pound. Then dial star three to raise your hand to comment on the item being discussed. An audio prompts will signal when it is your turn to speak. If you are watching this meeting on SIPGov TV, there is a short broadcasting delay. To not miss your chance to comment, please dial when the item you want to comment on is announced. Mute your device and listen to the meeting from your telephone, which has no delay. Item number five is public comment on items not listed on the agenda. Thank you, Jenica. We will now take public comment on items not listed on the agenda. I have one speaker card, Tammy Blackstone. Thank you. Good afternoon. Uh Commissioners, my name is Cami Blackstone. I'm the External Affairs Director for ATT in San Francisco. It's my responsibility to ensure that wireless communication network is reliable, robust, and complies with the FCC and serves the citizens and public safety agencies in San Francisco. ATT has had a long and positive history leasing space from the port and all city departments for the operation of our cell sites, and we value that relationship and would like to see it continue. Unfortunately, due to a new and unprecedented provision that Port staff recently added to our lease for Pier 94, ATT cannot move forward with a very critical important new cell site for our network. The Pier 94 cell site replace replaces an existing site located in the former Hunters Point shipyard. And that existing site serves not only the residents and workers in the Bayview Hunters Point area, but also Recology, the San Francisco Police Department's training facilities, and Pier 96, which is the designated area for city medical mobile hospital and building inspection facilities in the event of a disaster. From a public safety standpoint, it's one of the most important sites in our network. But it's scheduled for redevelopment and needs to be relocated immediately. So we've been working with port staff for over a year, uh identifying uh Pier 94 and uh working to relocate that site, which would serve an even larger swath of the Bayview Hunters Point area. Every single lease that ATT has ever signed with the port or any city department over the last 30 years has been a standalone lease, which means if there's a problem with one site, it affects only that one site and not all of our other sites. Unfortunately, Port Staff has now introduced a cross-default provision in our Pier 94 lease, which would require ATT to lose its entire investment and all of its cell site leases on port property at the same time as a result of a problem at just one site. ATT is credit worthy. We've been a tenant in good standing this whole time, and it's given the port no reason to include this cross-default provision. And unless this provision is removed from the Pier 94 lease, ATT cannot move forward with it, and the port uh with the port and the Bayview Hunters Point area will lose this critical coverage.

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