Transcripts For SFGTV Port Commission 20240713

I pledge allegiance to the flag of the United States of america and to the republic for which it stands, one nation under god, indivisible with liberty and justice for all. Please be advised too use cellphones and pagers and Electronic Devices are prohibited. The chairman ordered the removal from the meeting room of any person responsible fort ringing of or use of a cell phone, pager or soundproducing electronic device. A member of the public as up to three minutes to make Public Comments on each agenda item unless they are shorter period on any item. Item a Public Comments on not listed on the agenda. Are there any Public Comments. How are you doing. Michael regula gregory heavyt trucking. I just want to bring it to your guys attention. I was awarded a job with Granite Construction for a number of material, about 56, maybe 80,00, right. And when i got the paperwork back, they pushed a number back down to 1,000 tons which which strange when i called the company out on it he said he would use me but he wasnt going to use me for the whole portion. He was going to bring in his team from the south bay. I thought it was unacceptable during the fact that theyre not lbe certified like we are. I think its jacked up these Big Companies come in and use us to get the credit and its part of the workout today on people. So if theres someway we can address that situation. I appreciate it. Which project is this. The horizontal on mission rock. Ive been working with them for a month and a half and getting numbers that satisfy them for the job and they told me that it was mine due to the fact that the numbers were great and i guess they have another agenda. Were look into it. Ok. Thank you. Is there any other Public Comment on items not listed on the agenda . Seeing none public is closed. Good afternoon madam president , Kimberley Brandon and members of the commission, members of the public port staff, im elaine forbes. And the first two items i was going to report on are both canceled efforts, one was our plan port contract open house and the other was a Ribbon Cutting for the Ferry Terminal and both of those events have been canceled at this point and ill explain much more on the next item which is the covid19 update. As you all know, mayor breed declared a local Health Emergency on february 25th. For the city and county of San Francisco to prepare for covid19. On march 3rd, our maritime director and i became aware of a potential issue on the grand princess. That evening, we had a Conference Call at 9 00 p. M. With our city counterparts in the u. S. Coast guard and by the next morning, of march 4th, we had assembled from the federal side health and Human Services hhs, the center for disease control, c. D. C. , fema, the coast guard, cal oes, the California Department of publichealth and our own Emergency Management import staff. We continued to address the grands princess for the entire week and i would like to let everyone, every Port Commission know we have a lot to be proud of in our maritime staff. Our maritime director Andre Coleman was tremendously responsive, professional, calm, accurate, and just terrific in our unified command structure. Joe riley, who served as our planning chief was incredibly professional, on the job, calm, collected and has a lot of experience with the unified command structure and it showed. Dominique moreno was working or not the weekend and the entire Maritime Team just went way above and beyond for this response and i couldnt be more proud of the work that they did to support the effort. We were very also it was extraordinarily helpful and rewarding to see all the federal and state counter parks to Work Together and see the Decision Makers work the problem to the ground and make the best decisions as quick low as they could to protect the health and safety of the local community as well as the passengers and crew on that vessel. The grand princess is in oakland today as everyone knows. And we really want to express our gratitude to the city of oakland for stepping up and to everyone involved. We really hope the very, very best for the passengers and crew aboard that vessel and our pleas that everyone is getting the healthcare they need and the local community is being protected in the disembark and all of our labor partners who stepped up to resolve this situation which is port ants as we deal with covid19 in our community so that brings me to the larger issue of covid19 and where we are as a city many of the numbers in San Francisco are still small but our mayor has been loud and clear that we are to prepare aggressively as possible because all of the science shows that we have an opportunity now to prevent spread that could keep up on a much better trajectory than if covid19 is more seeded in the community. So, there has been lots of direction from the mayor, t. H. R. , for how we are to change our behavior at work and at home so this we can keep ourself safe. You will notice the room today is very different than its been in the past and this is re fleck tive of the best guidance that wove gotten how to prevent spread so i want to go over a little bit about what were doing as a city to minimize the spread to the maximum extent possible. So that we can handle this publichealth epidemic and recover as a community. We are encouraging to telecom ut outeso were pushing telecommutg to the extent it works for the employees requirements on the job. We are also having ability to telecommute into meetings so were limiting our oneonone meetings to those that we node to have happen and offering opportunities to tell conference in so all of these things are important. For events that are discretionary of nature, were just canceling for those the next two weeks. In our public buildings that port owns, theres been a Health Directive around those discretionary public events. We dont have any of those scheduled over the next two weeks so we werent canceling any events in public buildings because they werent scheduled but were applying that to inperson meetings to keep everyone safe and the spread down. We will be, of course, were telling everyone to stay home if theyre sick, thats very, very important whether its a cold or a flu, stay home if you feel symptomatic. We are telling everyone to wash their hands and providing hand sanitation. Cover cough and sneeze, avoid touching your face. Firstly as i implement these protocols its amazing how often i used to touch my face. Dont touch your face. Were not shaking hands or getting into personal contact with others. You can see were practicing social distancing which is an arms length apart or four feet apart just to be especially careful and diligent. All of these things, social distancing, staying home when you are sick, canceling discretionary events, being more thoughtful about inperson meetings and providing Telecom Opportunities will work to reduce the spread of covid19 and we all have an opportunity and obligation to be part of the solution at this time and again i want to reiterate from our mayor and our director of publichealth, we have an opportunity right now to reduce the potential spread and this window will close to us in the future. So its really important that everyone Pay Attention and change your person at behaviors to be part of this solution and that concludes my report is there any comment . I want to thank director forbes, just all the maritime staff for all your hard work and your due diligence. I was in australia last week and i was being kept abreast. Sundays i was in the airport in sydney and i got a call from the governor and he laid out when they were going to bring the ship in and how they were going to discharge everybody. He had over 1,000 people from california on this ship. People from canada and britain and where everyone was going to be taken and how the airport was convenient so no human incompetenter action to get people off and get them to the different bases so they could get quarantine. Theyre going to leave over 1,000 other crewmembers, mostly filipinos, theyre going to leave and maybe take that ship up to alaska and let them be in quarantine at sea. We found out on sundays that they were going to hire our members of the iowu. It was a seven hour meeting. I just talked to our guys on the grounds over in oakland and the discharge of the passengers are going good and they got all the california people off. They got 900 passengers off yesterday. They hope to get 1,000 passengers off today in hopefully the rest tomorrow at the latest by thursday. Mood is good and they said what was really emotional to them when they were tying up the ship when they were there the people in the ship came out and were clapping. They were so happy to get off the ship and see help was coming and they were low on food and to me this is a humanitarian effort. Thats what this is. This is a humanitarian effort and this is our responsibility and i want to give a shout out to the port of oakland because this ship took off out of the port of San Francisco and everything that happened. As americans, i think weve gotten a wakeup call because close to 3,000 people have died over in china but you see with italy on lockdown and what can happen and this is a virus that is effecting the economics and the stock market you see everything that is effected happening behind this so this is a wakeup call and i want to give a shout out to the governor. We have to deal with this and i know that oakland was a little apprehensive because a lot of time oakland felt like they were the step child. Theres a community thats always deal with environmental racism and they wanted to bring coal over to oakland and that is listening to the lady on the board of supervisors over there, they were really concerned that oakland was being used as not a scapegoat but i believe theyre using Everything Possible to get the passengers off and get that ship out of there and so thank you and this is important and the people whose lives can are saved will owe a debt of gratitude to oakland and to the port of sa San Francisco. So thank you. I want to thank executive director forbes and mike and the whole maritime staff that stepped up for this effort because this was a humanitarian effort and we all needed to pitch in where we could and we do have to stay vigilant and make sure that we are taking care of ourselves and our surroundings to make sure no one else gets it. I thank everybody and were practicing social distancing up here too. [laughter] thank you. Thank you. Item 9b information overview but the San Francisco Ethics Commission executive director on recent updates to the citys ethics laws and Resources Available to support compliance with city officials and employees. Good afternoon, commissioners. Thank you director forbes and to your Commission Secretary as well. I, like many of you, i used the port the very building regular will he and i want to add my thanks to both the City Employee for the excellence out of this department everyday. Clearly were in a city in a crisis from the publichealth incident and it has up ended business across the city and i think what you heard from your director today is indicative of the kind of continuity of work and leadership that were seeing from inside the city. At a particularly troubling time. Its uncertain and theres a crisis in Public Confidence about how much we can do with something that is really maybe unmanageable but we have ak lent people from my observation working very hard and so i just wanted to add my thanks to that. And im here because i was here four years ago when i first took on this role as Ethics Commissioner and i would say we are in a different type of crisis on the front of Government Service and trust in our Government Service and that happens. And im here to just give you a bit of a highlight of some of the new items that have taken place place over the last several years. Weve been reaching out with our resources to try and support city and workers and understanding not just the letter of law but the spirit of the law and why to we have a lot of rules that can quite seem quite complicated at times. California coming up on apri. You know this very well and its the opportunity to make sure that were taking a stock of our own economic interest that could be effected by our work and i wanted to touch on that the requirement for an annual refish err on ethics that is also here to help support you and other City Employees and their work and provide you information about individual assistance and some new laws. Also, some general tips and tools foray voiding conflict of interest and those are things that can sometimes creep up without thinking about it and its an opportunity at this time of year every year to really stop and take stock and think about a very consciously and put some practices in place good practices that will carry us over the course of the year. There are additional provisions that took place that took effect last year after an extraordinary joint meeting and work with the board of supervisors and the Ethics Commission that responded to putting new requirements in place that really try to expand preventing conflicts of interest in the appearance of conflicts so that our work can be and can be known and trusted for its integrity and i also have information and some of these are very familiar with if you are not, you will see and information about Political Activities that are new provisions on the books and resources from our office at how we can assist you and how were supporting this work throughout city government. Our Ethics Committee is a place that you can a resource for you. Our website, this is a copy of the banner that you will see when you go to our main website and we try and taylor it every few weeks or months depending on what is going on but for folks who have a responsibility to report their financial interests to ensure that we are avoiding conflicts and detecting them when possible, Good Government starts with good reporting and the place to start is our Ethics Commission website weve been working with staff to make sure folks have this conversation. You will find a lot of resources and tools available to you. I mentioned the economic interest filings is known as a form 700. This is a requirement through out the state of california and these are helping identify once a year through this annual filing due april 1st the financial interests we may have to influence in the conduct of our official duties and it does not require us to report everything we own. It requires us to look at our disclosure categories and identify what we may have the opportunity, the influence in the conduct of our official duties and there are certain types of reportable financial interests and ive listed those here i wanted to highlight for you in this presentation where theres that little eye sign, the information icon, those are live links that when you get the presentation or you take a look after or if the public wants to look after, these will take you directly to more information about these requirements and again, far more information than we have to cover but i hope you will have chance to look at that if its useful as you work to comply with the provisions of the lieu. Theres an opportunity that the city and state has created for Public Officials to have annual ethics refresher. This is building on a state requirement ab1234 where all individuals who file statements of economic interest, because we make or participate in making government decisions, we have a chance to influence those decisions and to potentially influence the interest that come before us. There is a required training as you know and one thing i would say over the last couple of years we have done to streamline this process is to sink it cron lon i cannil icronlogically anda cyclical thing and it was hard to remember so now its when you go to the place to file on our website, you have your training and you can can complete it again and complete your filing but it also is due by april first of this year. I would underscore for the public who making following your meeting, that as you know, the statements of economic interest are Public Documents and thats to help let the public know we want them to hold us accountability and its ok to look and ask us questions because we disclose something on one of these forms doesnt mean we have a conflict of interest. It means that theres something we got to be cabeful about and maybe ask for advise about so we can avoid stepping in a problem area or getting close to it. There is information on our website where people can look at individual forms and people can search across forms and we work very closely with open data in San Francisco and so we have information across 6,000 forms filed by over 500 economic interest filers who have been filing online with the Ethics Commission bylaw since 2014. Those republic disclosure and there were questions access that information on our website. One thing that is a new provision, that took effect about a year or so ago, the link to the section of our city law that addresses it and its what we call our nofileno vote. There are consequences, reputational. There are consequences of late fees, potential enforcement for not fooling but most importantly theres a consequence if you dont not file and you cannot take action on matters that are before you in your role as i commissioner. You would be disqualified from acting should you not have filed timely either your form 700 or your certification of having completed ethics and sunshine. This was a say we want to be more serious as a city about having these issues front and center on a daily basis and that starts by at least having them on a basis completed once a year. So there are some consequences for that and we encourage you to look for more information. We encourage you to file by april 1st so there are none of these issues and it maximize Public Confidence in what we do. The conflict of interest provisions of the law will help us avoid detect and avoid potential conflicts where there is foreseeable that the decision that we make might have an impact on a financial interest and the goal is to try and prevent bias decisionmaking and present and ensure wore doing open and objective decisionmaking without any regard for our own financial interest and this is a given but it is something that we often need to reinforce with ourselves. If its not front of mind it can get lost in the busy important work ib all of you are doing so you can followup as you need to. There was a provision enacted a year or so ago that extends the conflict of interest concept. And this specifically adds to Board Commission members. This is something that prevents a public official from using public position to seek or obtain anything of value for the private or professional benefit of himself or immediate family or for an organization with which he or she is associated. There are, if you have questions about if your name is being used to do fundraising for the nonprofit and it you are a member of a member of a nonprofit so this is something i wanted to highlight and it take to you the code section and most importantly, please, if you have questions about that contact our office and ask. When we identified there might be conflicts of interest through our form 700 or through other means, there is now also a requirement that boards have put in place regularly for recusal so that theres a public forum that acknowledges a recusal and stepping away from acting on the matter took place. Its a Public Document and its easily file able online in our office with a digital form. Its not something you have to write in hand and submit it after trudging down to 25 van ness, although its a lovely office. We want to make this requirement easy to file. We want to make it public. So we have places on our website with people can look for it who is disclosed, what was the basis for the disclosure and it just again provides transparency about where there might be action taken to uphold good decisionmaking, where conflicts are not taking place. This is an example with a link to the recusal disclosure form. This is a sample of what the form looks like and what is even online by the filer and by the public and again these are sort of meant to be tools for you Going Forward to see where this information is, how you can comply with it easily and then how the public can access that information transparently. Theres also a new provision elected request payments at a certain level that theres a disclosure requirement elected officials have been required to disclose and the reporting requirement was initiated for city officers so there is a requirement if you look asked or requests a payment generally for governmental or legislative type of purpose, if its someone proceed north and you you have a requirement to disclose that within 30 days. There are Additional Mechanisms in the law that helps support you in reporting that and this is something that is a fairly new and it was tail order from the states requirements by selected officials but again the concept here was that the city was taking a wanting to make sure that there was public transparency around places where Decision Makers and private money and people who have interest before you as Public Officials are converging. This is really trying to uphold integrity by providing transparency around with no circumstances happening. Again, sample of a form i wont spend time on this, but theres information here about when the requirement is due and how can you comply and link to those sites to find that. Now importantly, every City Department has a statement of incompatible activities and this is a document where i highlighted in three sections here, the kinds of restrictions apply. These have been on the books for 10 and 12 years and these speak to restrictions on gifts perhaps on other types of activities whether compensated or uncompensated and im not going to go through the details here. I tried to push it out thoroughly specific to the port so you can see this. The first is, there are times when incompatible activities, whether compensated or uncom upouncompensated so it shows a k to the port statement directly from this page. There are also activities that, this speaks to employees more of the activities that have excessive time demands incom pot able with ones duties and there are some areas where activities may also be deemed incompatible and prohibited. These supplement state and city laws are something that is meant to tailor guidance to know when something is do or given the specific nation and the mature of the departments work. You are probably familiar with the fact the state Fair Political Practices Commission which is the agency at the state level that governs these laws and promel gates regulations, they update the amount of gifts that individuals can can take before theyre impermissable under the law. That number is remember is 500. 500 from a single source. If someone is attempting to influence you in your work or lobbying, influence the work you are doing or a matter before you, theres a much lower limit of no more than 25 per year for source and 25 per instant so you can take a da minute muss of 25 up to four times a year and no more. Fifty dollars is something to remember thats where it might be required based on your disclose your category so theyre a type of income and they could depending on their level constitute a conflict of interest so those are questions to keep in mind as you file your format 700 this year. I want to talk briefly about the use of public resources. This is something that you will find discussed in your statements of incompatible activities and its something discussed at length in the City Attorneys Good Government guide and that is linked to the City Attorneys page through the link at the bottom of the slide. Political activities rules are not meant to keep us away from politics and we all have issues we care about and we all have candidates we care about depending on the your role in the city and county of San Francisco there may be restrictions what you can do and with public resources. One of the things that i think is often i find most people have questions about, no soliciting of Campaign Contributions from City Employees and it is impermissable for a city official to solicit another city officials or employee for a political contribution to a city candidate. And so, this is something that isnt often discussed or maybe there might be confusion around. We have a link to this section again here. If you have questions about something please call in advance of taking the action because we can provide assistance and guide you but we cant do that after the action has been taken and obviously no political and city time. There is another couple of provision thats are new in the law one in particular that is that effective in january 1, 2019, no members of boards or commissions can engage in fundraising on behalf of their appointing authority. If that appointing authority is an elected city officer. For example, if you are appointed by the mayor, this law prohibits you from fundraising or for candidate running for the office 6 mayor and again, this is fairly new and other cities around the country have Something Like this on the books as well. The goal of it, even though it may sound owner urous or frees p your activity during the course of the year but its really meant again to delink any sense and so this is something that we think has helped to reinforce confidence in the integrity of how the city goes about its work. Ill end with the illegal i can commission as a resource and we were created in 1993 by the voters of San Francisco to provide information and guidance to city officials to elected officials and those who are in departments making decisions and to really try and help create a culture where its ok to ask about is something right or wrong to do where we can help provide information and outreach about rules that can be complicated because we want to help people keep far, anyway away from any violation of the law or a breech of ethical we have in the city. To do that we have a broad of functional range of duties and you will see public disclose your on our website providing outreach sessions like this tailoring session to smaller work groups and we want to help departments do that as needed because we want to reinforce the voters vision for strong and good and Excellent Service in Public Service and he with cant do that alone. We work with our colleagues throughout the city everyday and the leadership you bring to your work as well. I hope you will consider us as a resource members of the public who are following your work and hearing this will also take a look at the website and see where there might be questions theyre interested in and this is just an example of the place you can go to on our website. Tailored to city officers and this is the disclosure and requirement and theres a page you can go to in lincoln to these requirements that i mentioned earlier. Were also set up to be an independent Enforcement Authority in the city. We do not have the Enforcement Authority this a District Attorney does or a police chief does. We have the ability to call people out when theres been a violation we have detected and we call that on behalf of the voters in San Francisco by having people account publicly for the violations if they engage in them and fining them monetary personalities and having them acknowledge the violation publicly and so we have fines up to 5,000 for violation or throw times the amount that was not reported or unlawfully contributed, expended gave or received. We have responsibilities to refer matters to the District Attorney in the City Attorneys office. We initiate investigations and we initiate our own process of reviewing complaints and we have an independent commission that are each identified, a pointed by a different elect owed efficiently to have wins that pass through city overtime so, we are transforming our own work and be resourceful to you all as we can so i appreciate you all taking the opportunity to have a brief primer or reprimer and that is i very important step and we appreciate that youve taken it today so im happy to answer questions if you have them and im happy to leave my card here for you if you have questions for my staff. Thank you and thank you to the great work that your staff does everyday. Thank you. Is there any Public Comment on this item. Public comment is closed. Thank you for the presentation. No questions. Commissioner gillman. Thank you for the presentation. I just want to say if someone is interactive with your staff and team theyre helpful and diligent and integrity is really important always. Thank you for the work you do. I have no questions. Vice president. Low an, really thanks for that because im sure you had a lot of experience. It would be easy for a commission because they can can get themselves in trouble and i really appreciate you bringing the updates and you stand in bounds and its important. We know what can happen. We have a rogue president , right, in the United States and sometimes people have to be reigned in and you can have a whistleblower complaints but i appreciate the integrity and where you are coming from and i just think its go ahead and you pointed out several of the changes that happen and i hope you at least come twice a year ones once a year so we can be reminded because we have an obligation to serve the public, right and they have put a lot of trust and when people go rogue or step out of bounds, its a reflection of everybody. Thank you for the presentation. Thank you very much for the presentation. I think this is Perfect Timing for a re flesher as we all get ready to file our form 7700 to thank you for reminding us of the new laws and what we have to do to report accordingly. Thank you very much. Maybe you want to come every march. [laughter] thank you. Thank you. Item 10a request authorization to advertise for competitive bids for construction contract 2830 Mission Bay Ferry Landing dredgining site preparation. Good afternoon, president brandon, Vice President adams, commissioners and director forbes. My name is shannon carrens and i am the manager of the engineering divisions project management office. And ill be presenting on item 10a for authorization to advertise, contract 2830 for Mission Bay Ferry Landing and the timing of the advertisement is important because the port has 8. 3 million of ocii funding that nodes to be used in this calender year and we plan to use this 8. 4 million to partial low fund this contract and approximate the work nodes to take place in the inwater work window of 2020 in what our work would june through november. And staff presented this project to you in july of 2019. As you may recall the new Ferry Landing would be located across the street from the chase center and adjacent to bayfront park. The design consists of two berths access from a single float with a pier and gangway. It also, the project enclouds construction of agwa vista park. The Ferry Landing would sit within a half mile of 11,000 new Housing Units and 7 million square feet of new office and commercial space and 1 million fair feet of retail space and 7e and its within one block of the muni third line it will be easy walking distance of the Mission Bay Hospital and campus. This project supports two key components of the port strategic plan. The first is liveability. It improves the liveability of residents and visitors in San Francisco by easing Traffic Congestion along the waterfront and it also increases the preportion of funds spend by the port an lbes. Secondly, it has positive Economic Impact by allowing new water vessels to dock at the renicpier. And supporting new development. Port staff last presented to you in july 2019 when we sought and you granted position to advertise for cmgc contract for Mission Bay Ferry Landing. After that, port did advertise as a cmgc contract we received three bids and all which were significantly over the ports estimate for the dredging component of the work. We rejected the bids for that reason. Even though we werent successful in awarding as a cmgc contract we learned a lot we will be able to apply to this project and others in the future. First thing was we learned that bundling dredgeing and ferry land construction did not result in the expected efficiency and adding complexity forked bidders. We learned the type of dredging and debris removal proved to be more specialized than previously anticipated and that cap task is not common in the San Francisco bay. We learned that the value engineering ideas offered by bid did not result in practical option force the port. Given these lessons, port staff recommending dividing the work into two contracts. The first one is todays agenda item. Under this, we would solicit bids through competitive low bid. The second future contract, we would solicit bids for the insulation of a marine cap mattress, construction. Ferry landing and the landslide improvements awarding this contract on the basis of best value and a combination of value indications and price. Divided the work into these two separate contracts will provide several benefits to the port. We would increase the number of firms that are able to bid the separate scope of work increasing competition and this second is we would have more cost certainty earlier in the project buzz w because we have a accepted cost proposal at the time of cost reward. Third, well have time to complete design components under the cmgc we were leave to go complete during the pre construction phase. By completing these design components well have a accurate bid. We will avoid potential change orders and still have dredging take place during the 2020 in water work window. This is important to not lose the ocii funding. On this slide you can see a list of all the permits and authorizations that we have received so far. The last one in bold is the only one outstanding and we expect to receive that this month. So the estimated project budget in july of 2019 was 47. 1 million currently our estimate is 58. 4 million. The actual project budget will be finalized when the bids are in for all project work. The cant estimat current inforn concludes the rejected proposal and bee brief with the proposers after the bids have been rejected and consultation with Industry Experts and consultation with public works and weda. Increases are in the Construction Management inspection monitoring and mitigation items as i mentioned, the dredging debris removal and cap. Port covered the increase. The fund this project the port will use the 8. 4 million in ocii funds. 1. 2 million in prior year general Fund Allocation and 3. 4 million in currently port capital. So you can see that cmd set the lbe subcontracting requirement for this contract at 11 and so this is 11. 8 Million Contract at 11 so that equates to 1,298,000. So, that work that we expect for lbes includes the general engineering requiring an alicense and trucking. So this 11 is below the 20 city standards because 82 of the contract is comprised of marine specialty work, allowance, mobilization and dough mobilization costs. And we have the solicitation by separately bidding the dredging work to take place in the 2020 in water work window. In july when we last spoke to you about this project, our schedule reported a june 2020 construction start date and then end of 2021, construction completion. So, this new schedule weve kept to the june 2020 construction start date and we anticipate that the construction completion to be spring of 2022. So, in summary, the project delivery strategy will separate into the work contracts and this strategy will also allow us to complete the project by spring of 2022 and we have identified funding courses for the increase in the budget and we have identified new work for lbe truckers. And if you grant us authorization to advertise this can contractors our next steps will be to ex to you for authorization to advertise for the Construction Management Services Contract which would support both of the support the future contract project at your next meeting and we would come back to you for authorization to award this contract in april of 2020 and come again in may of 2020 for authorization to award the Construction Management Services Contract we would come back to you in fall to advertise the pig value construction contract. Thank you for your attention and im happy to answer any questions. Thank you. So moved. Second. Is there any Public Comment on this item . Seeing none. Public comment is closed. Commission billman. Thank you for your presentation and i support the item and i have no questions. Thank you. In principle i supported idea but i want to go back to december when we had the bids and three bids came in. What was our estimate for the total project . Let my i think i have a slide that id like to show and i want to be able to get to my hidden slide on here. I think ive got it now. I want to go to full screen. I think that you are speaking maybe about this. Our estimate is 47 million in 2019 . Correct. Ong. When the three bids came in, what were the three bids . Were they over the 47 million or under . Yes. So the way that the solicitation was done through this cmgc contract, we got bids on the Pre Construction Services and what we were calling the early Construction Services. We at the present time get bids on the full part of the work because what would happen under the cmgc and we would have a pre construction per rod. Pre Construction Services period and at the end of that period so throw to four months later we would come to a gun teed maximum prize for the work so we it receive bids on the pro c. Services and on this slide you can can see that that is table a, those were the bids ta we got for the Pre Construction Services and then table b, that row, where the boxes around the 17 million there, that was what we received for the early Construction Services component and so, we had a port estimate for that work at 10. 8 million and you can see the lowest bid we received for that portion of the work was 17. 6 million and that was why we rejected the bids. Ill go back if. Could i assume that the tota. I did not do that. Ok. Bidder as total bid was 51 million round numbers. Is that accurate . And bidder 2 was 23 million around numbers and bidder three was 31 million . Well, i would say the total that you are seeing there is comprised of different components from the we asked for the construction and general conditions and profit and overhead so it was sort of a place holder for that. And table e was should it be going over the cost so these are, we did not yet have a full proposal through that gmgc solicitation so these are based on what they proposed there interest overhead profit conditions to be. Yes they were place holder proposals but not a gun teed maximum price yet. The respective throw totals for one and two and three and 51,000,023,000,0051 million, 23t the basis for their bid . The early construction work was just for the dredgeing and debris removal and concrete mattress and the off hauling of materials. That is what table b and is table a is the cmgc pro Construction Services and i believe table c, d e were not there was no construction of the fixed pier or the float or the landslide improvement in this price. This is just the dredging. The chart is less than . Thats correct, sir. If we have an estimate of 33. 7 million, if all the bids came in over i get it but if the bids came in under, then i may have a different view on it because we would be able to get the job done and our estimator below. Say that again. I think i can help clarify. The bids for the inwater work all came in over our estimates for the price of the project. Thats why we rejected the bids because that meant our budget was over so it was the first work we were bidding here that came in over, correct . Right, theres a concern that if just the first portion of the work that we have and actual proposed cost for was that much over that we needed to step back and make sure that you know, to reassess our tomb budget and cost estimate for the entire project. So we rejected all the bids based on our estimate for the dredging at 10 million and the cheapest came in at 17 million. Correct. Thats right. And what did we learn through the process . Where did we go wrong on the estimate from 90 days before we publish it versus the bid coming in . We learned several things. One was that the where we came over was related to the dredging and debris removal. That was the big part that came over and so, while we had developed our estimates based on, we had a lot of data points and they were resent data points of not just bids that were received and also amount thats we had paid for registering but it was based on the maintenance dredging that the port does regular will he and while we new that the type of dredging and the deb row removal is different from the maintenance dredging and it would be more expensive, we didnt anticipate that the macmagnitude difference for that type of dredging. Ok. Fair. One more question. That will con cloud in your 2019 estimate for Construction Management, you were roughly 2. 7 million maybe 5 of the project and for the new project, it is increased to almost double. Are we going to see the same Construction Management fees for all future contracts go double and or is it just this within contract that is going to be double and if its for this within contract why . So there are a few items in that. So, we have one item that is within that line item that dollar amount is mitigation costs and so we have a cost for removing debris and i mentioned that was also something that we learned was much more expensive than what we had anticipated and so, its not only Construction Management in that that mitigation is also the debris removal so that amount went up and we had we it increase the actual Construction Management cost as well and that was also related to getting a full appreciation of the complexity of this work and in order to protect the port and our investment in this project, we need to make sure that we have sufficient management on it. Thank you. On your estimated project budget, you said 47. 1 million and its over say 11 million, whatever. You have funding to cover the over budget. Yes. Can you tell me what that is and where its coming from . Let me get you another i can tell you. So, we requested 5 million from the general fund to cover this part of this and we also have identified existing port capital and it is actually from the maintenance dredge contract funds that werent used and so the 6. 1 million is from existing port capital. Thank you. Thank you for this report. I know that this is necessary. To ease the traffic congest yun in the share now. This is needed and all the development that is online to be done in that area. This is going to be a great addition. Like my fellow commissioners, we have concerns about the increasing price of it and just wanted to make sure that when we start this road, we can actually complete it. And so, i was looking at the budget, the projected budget, and you said these funds, the 11. 8 million are coming from the slide that you showed us its coming from the potential row i areimbursement recover re from responsible parties off ocii and general funds. Thats right. In your presentation, thats more than 11. That enclouds its 16 million. Its 8. 4 million in ocii funds and 1. 2 million in the prior year general Fund Allocation and 3. 4 million in appropriate port capital. That should be 13 million. So the slide you showed us is incorrect . Thats what im looking at. The arrows on the slide. Oh. I think you have it you have one that says project with the slide from the staff report . Ok. This one. Yeah, ok. Yeah, so that, the 3. 4 million is actually from that last row that is the 6. 4 million of potential reimbursement. Would you put up that slide . Yeah. I had a slide and its not here now. Its 16. 1. Ok. So, the 3. 5 that you are referring to is coming out of these . Yes. So the 3. 4 million for the currently appropriated port capital is from that potential reimbursement and so that potential reimbursement is related to the contamination at pier 64 and so, there could be an opportunity to get reimbursement for that and that would back fill the port capital. We do know if thats going to happen so weve identified. At this point we have 47 million and we hope that our general fund request is granted and that we do get a recovery . Right. To complete the project, is that right . Right. So for this contract, are we taking it out of the potential reimbursement as sated on this slowed or are we taking it from somewhere else . From ourselves we hope to be reimbursed. The 3 million. Wore taking it from port capital. Yes. Ok. Were loaning the project the funding with the hope we will be reimbursed through the pier 64 costsharing reimbursement. The funds for this are coming from port capital and the ocii funding. And the general fund. And the 1. 2 million in general fund that we received in fiscal year 1819. And hopefully ii. This is in the budget we approved. Yes, so the 8. 4 million from ocii the 1. 2 million was approved in our last bien yell budget cycle. Its for dredging and we have money left in our dredging contract that is not extended so we have an open contract and an allocation for dredging that we have leftover funds that we can utilize here. But we want to reimburse from the cost restraint. We would need to be reimbursed to complete this project, right . Yeah, so as youve identified commissioners, we talked about a little bit during the Capital Budget presentation a couple of weeks ago we had gaps in this project. And so were pursuing the 5 milliondollar request from the general fund. We are also pursuing a couple of grant opportunities so a federal grant as well as a state grant. Were still in the process of building the Capital Stack for this project. Right. And so, for this contract, its 11. 8 million plus contingencies and if all the bids come in over, then what . Were going to have to do some serious work internally before we come back to you. Ok. Ok. So at this point, were just putting it out there and wore just going to see where it comes back with and then well decide how to move forward. Got it. Thank you. All in favor . Aye. Any opposed . Resolution 2014 has been approved. Item 11a request approval of a Settlement Agreement and lease number l16653 with the Family Foundation under which port claims for present due and pff claims for remember credits due under current lease l 114 for the pier an next will be row solved to port and pff will enter into a new lease for the annex for for years, three the new lease will allow storage, occurration and display of the photograph photographic collecto provide free Public Access and will allow for up to 5. 000000 and the parties were released each other for potential claims in connection with the Settlement Agreement and the Settlement Agreement and new lease encloud other terms and conditions set fourth in the documents on file with the Port Commission secretary. Good afternoon, mike martin. Im joined by mark and deputy City Attorney Ronna Sandler who have been of great assistance as we worked through this negotiation with the Family Foundation so were excited to be back here to walk you lawsuit what were proposing today. Its a Nonprofit Corporation with the mission of curating and displaying photography much of which relates to the waterfront and they operate pier 24 photography and pier 24 annex a location for storage and display of the collection. Originally it was slated for demolition in 2007 and in fact the port had budgeted funds to do so and at the time they had discussions with the port and agreed to lease the property in exchange for doing a set of improvements that started at a number under 3 million but mushroomed to 14 million. Port staff verified eight and a half Million Dollars of that expenditure as sub structure core and shell improvements at the time. Under lease l14414 and three subsequent amendments the lease expired in november of 2017 and with it, expired the 3 million of rent credits the Port Commission allocated in the lease. The parties entered negotiations to try to extend their relationship were back, i hope. And failed to reach an agreement that met the needs of both sides on a compromise so after two years of those discussions and a number of trips back to the Port Commission and closed session, port staff issued a 30day notice to terminate the lease in december of 2019. That prompted sort of a one last attempt to troy to bridge the gap and im happy to say that the parties did ex to the table and hammered out an approach that we think works to set things up before Going Forward. The proposed Settlement Agreement is very simple. It acknowledges the five and a half Million Dollars in remaining unamortized but verified sub structure core and shell cost as rent credits to address da lynn quincy to november 2017 of the present and the Settlement Agreement would call for the Family Foundation to pay the ports Attorney Fees and negotiating settlement its conditioned on the entry of a new lease. That new lease has the following principle terms. It would set the rent at ports current rate which is something that was important to port staff to sort of move the property up to its current vow in light of its condition and location. The new lease would its 3. 40 per square foot per month. The rent credit proposal is that the tenant may take the remaining amounts of that five and a half Million Dollars of an unam ar tiesed cost as rent credit net of what is used up front to pay for the rent t da lynn quincy outstanding. It can be for most of the rent payment per month which would leave a payment of 5,735 per month. The term would expire when the rent credits are exhausted and depending on when we actually enter this lease that will determine the term based on when i made about the delinquent rent soaking up some of those rent credits before we apply them to the lease. For example, if the lease was entered on may first we calculate the term would be four years and a little under four months. The parties were interested in discussing a potential extension to the facility. I think with the time being an issue and being something we wanted to move fickly to remove the cloud over this and in materials of our prior notice of termination the leafs invites the tenant within a year of signing the release to bring it with backing information on the Facility Condition and lifting the occupancy limit on the building. We thought that was really important from the ports perspective for this tenant and realizing that occupancy limitation if removed to allow more people to enjoy the collection and port property that will be in negotiation whether you want to move forward when we information that information if we do and well work through that and bring it back to you if the ten apartment wishes to proceed with that discussion. The lease pre visions are in accordance with the ports form lease with the notable exceptions. Theres not a port program or project termination rights that we see in our leases. This was the case in the prior lease as well so weve continued that approach here. The tenant asked for two additional terminates rights in what was in the prior lease. One was in relation to the tenants obligation to repair. Theres a scenario close to the end of the term where a maintenances responsibility would come up and be more expensive than would be worth the rest of the term of the lease and in that situation the tenant would be able to give the port 90 days notice and instead of performing the repairs term nant the lease and give the property back. The tenant wished to have a general termination right with the years notice which we also agreed would be pre pre at in the context of this short Term Extension or short term new lease, excuse me. We would retair rada the Security Deposit rather than marking it up to the current rent amounts since theyre not being paid with the rent credits that are involved. Any transfers would be at ports sole discretion. This is important to us and we felt this was a deal with this tenant who made these improvements and created this attraction on the waterfront so we dont want this to then be transferred somewhere else to someone who may have different ideas for this facility. And so thats the general summary of the terms of the agreement. Port staff recommends your approval. We feel like it achieves the goals set fourth in the staff report continuing these public oriented operations at the site. Rent terms i guess also talking about the public operations weve built in a lot more reporting in this lease so we can understand who is attending and what groups are attending and what special events are happening interest and we think its useful for extension discussion but also for understanding the sort of on going value of this unique property and thats the end of my presentation and i welcome your questions. Thank you. Thank you. Can i have a motion . Second. Is there any Public Comment on this item . There is. Simons. Sim son and pacific waterfront partners. A brief little history for those of you who dont i better get used to this. Where retained way back when by the foundation to seek a site. I had been working with the members of the ports real estate staff curt bennett and various peoplpeople to figure out a user this site. Even looked at it psa terminal for the oakland airport. We looked far and wide and i brought them back to pier 24 and he loved it. We did a lot of due diligence. I dont know where it came from but i didnt give it to him. He approached the port staff in the light of the Womens Museum having failed, and having wasted a lot of time and support of mrs planning had not really settled on a coastal use for that area. I wanted at least a 45year lease so we could do a total foundation and get tax credits, et cetera. But, with the port staff and cooperating we said ok, its too much of a heavy lift so we did the deal that we did. We built a fabulous museum. Im not here to develop it and im not on the paper and im just here as a citizen and im passionate and the head of the louvre and the head of the tokyo museum and this is a world famous cultural facility and its what we all feel is a little funky and its super cultural, its a great asset for the city. I appreciate he has kind of fished around about appointments and stuff like that but i truly believe there has not to do with the selfinterest but it has to do with the art is so valuable and so incredible and he doesnt want mobs of people coming. So ive probably have my three minute warning sign but i just want to take speak in favor of this thing. Thank you very much if youve decided to ep him and help him but i would love it see if we can find a more prominent solution. Thank you. Mary murphy. Good afternoon, mary murphy, council to the flora Family Foundation. Were here today to respectfully request you support the staffs recommendation and approve the Settlement Agreement and the form of the lease and as youve heard from mr. Snowgreff and its reflected on the staff report, its really a great asset of the city of San Francisco and really of the world its one of the finest private museums in the world and i think the outpouring of support for the museum is evidence of how a great asset sunshine for the community. As mike said, there is a limitation on the occupancy load and that is why the museum is required under the terms of its old lease and the new lease to have have a controlled access that is doing it any other way is prohibited under both the old lease and the new lease so were looking forward. Its actually lent itself to a con tem la tive and considering cultural experience for so many people and so many members of the public. Certainly for the academic community, for schools, teachers, researchers and for artists. Its been an amazing resource and we want to continue that public outreach. It is, i believe, the only completely free museum in the city of San Francisco and the pillara Family Foundation will serve the public through this. Were so grateful to you, the commission and to the staff. I want to specifically thank your executive director elaine forbes. Mike and Michelle Sexton and rona sandler and i know you have had a lot of things to deal with. I want to thank your staff and particular. Theyre always professionals and theyre great to work with and we have a resolution that works with you and hopefully for the foundation and public that really loves this museum and wants to see it flourish on the waterfront. Im here to answer questions if you have them and i want to thank you and thank your staff who are really fantastic and i think theyre pretty much not completely unhung heros but their praises arent said enough. Thank you. Thank you. Erika damon. Hello. My name is erika demon and im an artist working in photography. I just wanted to Say Something about pier 24. I call it the pier. It has provided me with so much knowledge and Community Since my time in San Francisco. You know, ive made friends there and they still have an impact on my art practice today. I first came to the institution during a class visit in 2013. I wanted to get in on a class and the class was full and the teacher recommended that i visit her at the institution and i never heard of it before. I was amazed by the access to the work and at no cost. Being a student and loving it so much, i visited it two to three times a week. At that point they recognized me and they were like do you want to become an intern here. So, i began interning for them in 2013. Really theyve given me a platform for my work. After about nine months of being there, i shared my portfolio with the director of the space and he really enjoyed what i was making and therefore they programmed me into a show which was called collected and in 2014 and they helped me develop the work. You know, i was a student and there was no way that i was able to problem myself forward in the way that they could propel me. And its really catapulted my career. Pier 24 photography and all the people there have kind of got me to a place where im nationally recognized and it really has been transformative to think of myself as an intern, as someone who just came there once a week to enjoy the work and to be close to the work. To kind of now be in a position where i am in other Museum Collections and im also in their collection and so want to sing their praises and im so happy that an agreement has been made and i really hope that it does go through. Thank you for listening. Thank you. Hi, everybody, my name is pisan and im an instructor at berkeley city college. I teach photography and ive been there for 14 years and im senior faculty at California College of arts. Im going to start by reading a letter by one of my colleagues at c c. A. A. , Chris Johnson who couldnt be here. So, this is addressed to you, San Francisco Port Commission. Even in the city with as many important photograph i can Cultural Assets as San Francisco, the pier 24 museum is proven to be unique and essential resource source for inspiration and education. As chair of the Photography Program at California College of the arts, in San Francisco and oakland, i can attest to the fact that pier 24 has become an integral part of our curriculum at all levels because the breadth and quality of its collection and approach they bring o their exhibitions. There are two facts that make poor 24 an ideal resource for educators and first the museum is fro, a crucial factor for teachers and students and visits are by appointments and so it is possible to view insulations without distraction of crowds. Its essential for schools throughout the bay area. I also served as chair of oakland chair between serve and i private art institutions and like the gallery in florence, italy, pier 24 is the generous result of a private collectors vision and invites the public into something more than the familiar and popular art projects found in other museums. When you enter pier 24 its clear that you are in the presence of a singular approach to photography. Art work and wall techs are displayed separately so that viewers can appreciate one without the distraction of the other but most important loo is the innovative approach to selection and curation that pillara Foundation Together with the Museum Director bring to their insulations. Pier 24 breaks new ground with exhibitions like secondhand and it teaches new things about the images we see everyday and paul graham, whiteness of the whale that reintroduction art we thought we knew well. One important difference is that florence treats the gallery as the National Treasurer it is and benefits from its worldwide prestige. San francisco has an opportunity to tem on straigh demonstrate it as it is a premiere art venue in the United States. Please consider this to be an unconditional of support to continue its generous and great work at Renice Priebus 24 and endorsement will be viewed as a historic benefit to San Franciscos reputation as a center of cultural excellence. Chris johnson, im going to second everything chris said and ive been teaching for 14 years. Thank you. Keith silva. Thank you. Im keith silva and i live in marin. Im an avid consumer, a customer of this place. I love it. Its magical. Its quiet and its sacred and its intimate. And this settlement ta you have before you looks good to me and for a long time i was a commercial landlord here and both sides seem to come out pretty well on this so i would encourage you very much to adopt the settlement. One of the things i liked about the pier, aside from the unique territorial bent which is unique. Chrisma call has done a fabulous there and he has a great support staff is its educational outreach. It does something called the sul ton lectures at cca California College of arts and those are really instructional. I cant see how anything else like that can happen without the Institutional Support of someone like pier 24. Were special to have it in our midst. Were blessed special to have the entire institution in our midst, theres, as erika alluded to theres nothing like it in the rest of the world. Its wonderfully educational and ive seen School Groups come through there. Their eyes are like saucers that cant believe what theyre looking at these beautiful, gorgeous prints. Wonderfully mounted. The staff is hugely helpful. If you have questions the staff will tell you in a second. A full background on the artist and the piece so from a consumer standpoint, if you want to look at it as a Business Model its a Successful Operation and i would encourage you to adopt the proposal, thank you very much. Thank you. Is there any other Public Comment on this item . Seeing none, Public Comment is closed. Commissioner. Great. Thank you. I would encourage the commission it support this item as presented it us. First the real issue in this extension of a lease or a new lease is really tenant improvements. Thats the real crux it. Go back to 2007 and think of where we are when the bid came out and this building was going to be demoed if anything. And we have someone that came in and remodeled it beautifully. What is most unique is history will prove this is one of the best deals we made because the net result of this deal is we get full remodel. Look at the leases we see over and over and over where theyre asking us for 66 years to payoff their improvement and in this case we will have this Building Back to the city paid for in less than 20 years. But most importantly, we have to go back to the original time and i believe that it was everyones intent that the improvements being made and the tenant be brought home. So i strongly recommend row. I just leave one more item, 2007, this guy believed it was important. He was the first ones to walk over that magical line and written personal checks and monday to improve our waterfront and look at where were at 20 years later. I hope we have two or more three tenants come forward. Thank you. Commission gilman. Thank you. I support the item and i support the resolution that we have in to. Having art and culture on the waterfront is one of the things we hear from the community and from our Community Stakeholders when we open up any new parcels or rfps and folks want art, culture Public Access. And, this project has all those components. I would urge and i feel the need to say this for the record even though i am fully supportive of the item, i do urge the day they operators and facility folks who facilitate the site to consider allowing some limited access and tickets or walk inns and i do find if im wrong, you can address it off line but i do fully believe it creates barriers for people not with Digital Literacy or folks who want to be spontaneous after they get off the ferry visiting our waterfront scene to have continuity while limiting the gas the artistic intent. My husband is a photographer and he has explained it to me but i still believe we should be providing broader access so i really hope the pillara family and the foundation will consider that and im 100 supportive of the item. Thank you. I dont have amnesia. This is one of the toughest kind of relationships because i can can remember this was contentious among the commissioners talking a lot. I didnt think the relationship was that good. Im just being honest. I always believed you should pay your rent, right. People can say a lot of noise ne things about this and that but it was contentious. I want to thank mike and elaine. It was contentious and i know some of the things that were said by commissioners. You can say one thing in privilege at and another thing here but i know what was said. Im just being honest. It was very contentious and im glad thaw got to a point that you can get to but i would hope they will work on trying to have a better relationship with the port. And that is just the honest thing that happened. And i think mike kept going back to the well and i know motorcyclmike hekeeps plenty in. Im going to vet to support it but i think the port and the pillara family needs to wrack on their relationship and i saw a lot of hating gun on and it was not positive. It left a bad taste in my mouth as a commissioner because i couldnt understand how someone wouldnt pay their rent and butt heads and so sometimes people want to paint a perfect face but it was not like that. It was contentious. Thank you. Thank you. Mike, thank you so much for the presentation. Thank you so much for your patients and your effort to get us to this place. I was here when the original lease was done and i thought we had such a wonderful gift being given to us by mr. Pillara and all the development that went into pier 24. It was a private collection at first so im glad that it was open to the public and poem were able to go. I do grow with commissioner gillman, there needs to be more access. It is such a jewel. So many people should be able to see it and should be able to visit. And i also, i think its absolutely phenomenal its up for a museum with limited access. I think maybe mr. Pillara wants to work with the city to get funding maybe from the grants for the arts or the Art Commission or something because this is a San Francisco jewel and were responsible for maintaining the property and we cant condition t continue to de give away our piers our structure so we have to bring wonderful people to the waterfront so, Like Commission gillman said, if someone got off a cruise ship or a ferry and say i would love to go ive hard so much about this wonderful museum, yet, they cant. Because theres such limited access. So, i think it was extremely unfortunate that we had to get to a place where we became the bad guys in the publics view. We have been able to salvage it and hopefully we can have this ten apartment as a longterm ten apartment many of hopefully we can. Hopefully we do look like the bad goya in that process. With that, all in favor. Aye. Any opposed . Resolution 2014 has been approved. Item 11d a Settlement Agreement and l1661 with developing swiming and boating club under which the club will pay for the port 5,913 in settlement for past use beneath the boat dock at 520 jefferson street at the present time of recreation and parks and they will wave payments and claims related to the clubs failure to for property to the port and the club will enter in a market rate lease for submerged lands bow neath the dock for a term, co term and the lease for the department of recreation and they will require the club to provide and promote aquatic activities and allow for rent credits for up to 30,000 for dock improvements for the club willen dem na fie the port for past use and waive all claims against port and lease include other terms and conditions as set in the documents on file with the Port Commission secretary. Good afternoon. Thank you for the opportunity to speak today. Im the property manager. Im here to request approval for a Settlement Agreement between the dolphin swimming and boating club and the port of San Francisco. To start with background about the dolphin club, thei interpret founde in 1927 theyrelocatedt location at the foot of jefferson street. In 1976, they havent inside a e and it expires on june 20th, 2028. For background between the port, rec park, in 1993 the port and the rec part determined a portion of the dock is within the port jurisdiction. Since that time per idea port staff have contacted the dolphin club in an attempt to properly document their use of port property and enter into an agreement. In late 2019, the dolphin club submitted for a Construction Permit from the San Francisco building of building inspection. They submitted for that application they let them know that the portion of the dock that they wanted to do repairs on, we would be the permitting authority for those portions of the repair. At the time, they reached out to the port of San Francisco and we entered into the negotiations that resulted in the Settlement Agreement before you today. During those negotiations we had goals. First and foremost we wanted to address the dolphin clubs use of port lands. Theres about 678 square feet of submerged land that the dock has been built on. The dolphin club would pay for back pay for four years at the rental rate and that would result in about 5,913 being row paid to the port. We would enter no a new lease with the dolphin club. The new lease in which the toll fin club would promote their aquatic activities in under the terms of the park lease paying rent on the dock as it existed in place and our submerged land parameter rent which is 19 cents a square foot escalating 3 for the it would result in no future rent being paid during the term of the lease. The Security Deposit is waved. They would maintain and operating the pier and the lease includes the provisions, Hazardous Materials and required city provisions and it is recorded on our standard form lease. In the future, the Port Commission will approve this transition, property staff would work with the Rec Park Department to assign to rec park so the club can have a single trek landlord. This is sem lar to the south rowing club they approved last year and the goal is for all three parties to enter in a negotiation and execute a new rec and park club lease that would incorporate the port property. To a chef that goal the port would enter in a lease mou and they would support the port lands so the rec park would be the clubs master landlord under that new lease. We would bring that forward for your approval as well many of we believe this meets the goals. The issuance of the Building Permit with the augmented pre visions above will have better protect the port from liability. When the final sediment is approved it would protect the board. Engaging in the new lease arrangement with the materials of the propofol settlement for the south End Rowing Club as such the port recommending this resolution. Thank you. Can i have a motion. I make a motion. Second. Is there any Public Comment on this item . Never mind many of ok. Public comment is closed. Commissioner gilman. Im generally supportive of the item and i think just the dove tail its really great. It took us 27 years, since 1993 but its good were getting our house in order and realizing what property that we have responsibility and jurisdiction over and to being owe what commissioner adams said every entity needs to pay rent and they can receive credit and they ned to pay rent. I know my fellow commissioner echo and im supportive and glad we resolved this maybe the public moving forward will understand that. Everyone needs to contribute to the port. We have a responsibility. Thank you. Commissioner. No questions. Ill be supporting the item. Supportive. Dimitri. All in favor. Aye. Resolution 2015 has been approved. Item 12 new business. Is there any Public Comment on new business . Is there any new business . Seeing none. Motion to adjourn. Second. All in favor. Aye. The meeting is adjourned. Go. Shop and dine the 49 promotes local businesses and changes san franciscans to do their shopping and dooipg within the 49 square miles by supporting local Services Within the neighborhood we help San Francisco remain unique, successful and vibrant so where will you shop and dine the 49 hi in my mind a ms. Medina roll call, please. Clerk all right. Ill go ahead and mention that director chang is sitting in as director haneys alternate. With that [roll call] clerk noting that director tavares is absent, with that, you have a quorum. Were going to change our agenda here in a little bit and start