Transcripts For SFGTV Port Commission 111516 20161127

Item 9 b, executive director reports. The first item is report on trip port staff took to the netherlands. I hope i say the name correctly [inaudible] sponsored public works tour in conversations to the nether lrds as part of the bay area resilience by design and selected brad benison and steveal rule who go on the trip. There were 6 other bay area officials and many private sector folks joined the trip. The goal is explore dutch solutions to Climate Change and we can learn much from the dutch who have been living with water for a long time now. It was a three day tour and took place october 17 to 19th and stephen is going to tell some of what he learned but also he and brad will offer a brown bag for those more interested in diving deep so that will come as well. Let me turn it over to stephen. Good afternoon commissioners president adams, public and port staff. You just took my opening slide. [inaudible] project manager engineering division. Brad benison and i had the pleasure to go on the trip spawnsered by the dutch government and want to point out [inaudible] our delegation leader, right there, is here with us today. Jokey and jan in washington dc put together a fascinating and awarding program that focused on Climate Adaptation and presilience project and emphasized group discussion, learning and deep friendship. We started off in amsterdam which is one of the worlds great cities and absolute leader in bicycle and flood protection infrastructure. Wuchb quarter of the country is below sea level and the dutch mastered Flood Control with shore line defenses designed for the 5 thousand year flood. Within the city itself, Climate Change is cause said increase in high intensity rain fall called cloud bust and focus on managing the threat called rain proof amsterdam. We toured project including roofs rain gardens and parking lots to focus on managing the water where it falls rather than snding to sewers. Those small scale projects have a impact if they reach critical mass. The San Francisco through the puc is also looking at these projects and San Francisco and amsterdam are sister cities in this regard. Switching scales, the nether land has major rivers that are impacted by intense rain fall. To combait the flood risk, the dutch government create adprogram called [inaudible] for the river, which is a great name. It has the goal of increasing river flow by 10 percent without increasing the height of the dikes. One of the Major Projects is located in nimeen, where a bottleneck exists on the rirfb wall. The project created a bypass through the bottleneck creating a island and major new recreational water park for the area and this is the before and this is the after. The historic city is on the left of the river. That island is envisioned to become a new part the city and connected by two visually stunning bridges that were also part of the project. Someone who spent quite a bit of his career designing bridges i was fascinated with bridges and the fact that there was such design skill and architecture devoteed to these bridges. It added to the space and the project. Significant community and Stakeholder Engagement was a key part developing the program and Building Support to move for flood protection forward before disaster strike jz allows to make decisions what you want to build and how you tpt to look when you take action before disaster strikes. We also saw Port Infrastructure in transition in amsterdam and rotterdam. These show a reuse of ship building building in amsterdam. Not unlike the buildings we see at pier 70. We visited the coastal area of haigh to provide Coastal Defense from the north sea. A project called, sand engine uses currents to replenish beaches every 20 years than every year. Another project is called a super levery levy that serves for flood protection and develop coastal lands. Everywhere we went we commented on the ingenuity of the architecture whether food hall, [inaudible] crowd funded pedestrian walkways. Thish this project is a water square. Functions as a square in sunny days and collects storm water from the block after rain fall slowing down the demamd on sewer infrastructure. It is also educational which is a large benefit of the project. One of the most interest areas is rotterdam [inaudible] home to Higher Education and Research Initiatives and innovations that will contribute to a smarter port. The port of rotterdam is the largest port in europe, one of the largest ports in the world and it moved towards the north sea and the older Port Infrastructure is repurposed and it was fascinated to see what was being done. It is a Innovation District and making use of the historic architecture and port buildings and facilities with brand new interesting architecture, reducing regulations, bringing startups in and education and Multinational Companies all in one place really fosteredhad quite a feeling to it, it was amazing to see. The last day back in amsterdam for a tour of the canals. It was a incredibly rewarding trip. The group was very engaged, our hosts were fantastic and looking forward to the decompression party, which is next week. With that, ill wrap up. Thank you. Thank you, stephen. The next two items are about two conferences that happened in the same city at the same time. October 2326 in new orleans. Speaking of serendipity i wanted to attend both and they happened in the same city with Hotels Across the street from one another. The first is city accelerator cohort convening. This is the second meeting of the cohort and the purpose is hear the progress of cities involved trying to tackle difficult Public Finance questions and hear from experts that the Living City Group bringz. We had a great delegation from San Francisco. It was rewarding to have time together to talk about the sea wall. That is a third component of the value of the living city praij ethand will turn it over to Megan Wallace who was a del get. Good afternoon. Megan wallace, finance and procurement manager and had the pleasure to atened this conference. That really is a unicorn and a peg sss on the right. I saw it with my own eyes. First of all, i want to remind you that living city are the City Accelerator Program is run by living citys to bring governments together and think about ways to improve primarily economic wellbeing of low income people. The City Accelerator Program focus on specific ways of getting to the issues. Prior cohorts addressed Public Engagement for example. This particular cohort is looking at ways of funding large infrastructure financing challenges and we clearly fit the bill with the seawall. So, the team that is representing San Francisco for this cohort is city accelerator includes director forbes, myself for the port as well as the mayors deputy chief of staff kate howard and director of Public Finance and brian strom the Capital Planning director. It was a two Day Conference and the first day actually was a tour. I love the fact that this item is up after discussion on the trip to the nether erlands because we were two groups looking at issues related to waj u water managements. They took us around the city of new orlens and talked about what happened with insfru structure post Hurricane Katrina and got to see the canal system and talked about the history of how the pump system worked to remove water from the bowl that is new orleans to get it back up to the mississippi and lakei know i will say it incorrectly pons train. Here are just a few photos showing the canal cyst squm the photoon the bottom right is difficult to see. A great deal of subsidence that occurs in the new orleans streets and without major hurricanes coming through just the amount of water in the ground work of new orleans really is difficult for a city to sit upon. What they did is told us a story of how the federal government is providing approximately 4 billion of investment in new orleans to rebuild the levy system as well as support a new Green Infrastructure paradigm. They are not investing show much in gray infrastructure which is regular sewer system type management, but thinking how do they create fields to maintain water rather than dump into the canal system. Really they focused a lot on not investment but thinking what are they doing with their communities as a result of this investment. One thing i took away that hit home is it would be a incredible loss to have that much money flowing through new orleans and not invest in the people. Rather than hire consultant to come in and improve the water infrastructure. Create a new system and train the people in new orleans and have a Sustainable Way of managing water and ongoing workforce. The next day of the cohort was more of a conference style where the different cities came together and really listened to a series of presentations and talks about thinking about major Infrastructure Projects and ways of thinking about going into these projects. This one which is quite beautiful also highlightsyou have things in a long term whole system equity based scale as highlighted in the multi[inaudible] chart. It helps you think about what are the different outcomes you want to take away from a project. Do we want to just recreate a seawall or think of ways to improve the transportation and think of ways of making sure that we are providing jobs to our local communities as we go through our contracting process. These are all things that the group was mulling over. Another presentation that really aligned well with that discussion was the story about the land of beltline. There was a gentlemen named ryan gravel who had done his masters thesis thinking how to recreate the atlanta beltline in a way that created more community. Here is a area that was car focused and had a old rail line that separated people of different economic backgrounds and a lot of areas that were just blighted. He inventioned a new atlanta that brought people outdoors together and included sustainable modes of transportation and reenvisioned atlanta. For this particular cohort there will be two more that our team will be ateneding, but this particular convening i think the big take away i believe elaine and i both shared is trying to imagine what is our vision for the seawall. That is the project we are trying to particularly address through the exercise. We will be able to apply it on many projects through the port but in this case of such a large scale, in addition to addressing seismic risk and adapting the Sea Level Rise, how do we improve the environment rsh Sustainable Transportation measures and think of bringing job tooz the community is a big one that really was well defined through the process. Thank you, megan. Across the street was the American Association of Port Authority annual conference. This was the 105 annual conference and president adams, vise president braden, peter daily and i represented the port. The program featureed a port director only discussion which i participated in. Port directors were eager to talk about best practices with boards and commissions and Public Engagement. The Conference Also featured discussion of anticipated trade and transportation policy for the upcoming year. Industry outlook on supply chain and governments evolving role optimizing good movement. Perspective on port financing, investment and development initiative, anticipated impact of Energy Market and presentations addressing Effective Communication strategies and environmental stewardship. The pored of new orleans hosted a very very successful event. I thought the most valuable part for me is the ability to meet other port directors and find those other 8 women, actually 7, i think im the 8th, but it was very good also to think about San Francisco as our port in comparison to our peers and think about how many ports are moving to diversify their port foal dpoio which we did some time ago because cargo is consolidateing and there are sur plused land in many port in the United States so very very fascinating to have conversations about diversity of use and it was just a wonderful experience being part of our port delegation with the commission officer. President adams or vise president brandon would you like to add anything further about the conference . I thought it was a great conference and like you, it was wonderful meeting other commissioners from across country and talking to them about best praths jz what they are doing and it really gave me insight that we are really doing a good job here. There are things we could do differently but having the discussion with other commissioners across the country really enforced in my mind how wonderful we have it here. Commissioner adams and i had the opportunities to take a private tour by water on the mississippi of the port of new orleans which was very very informative and think they said there are 34 ports along the mississippi. Just in lieu ease yan yeah. On the tour was brandy christian who many know from the port of san diego so that was really nice thing and there were a lot of greatthe program was wonderful. They have a lot of great panelist. They had one that was very interest ing on congressional insight on trade and ports and the panel was with three republic u. S. House representatives so that should have been a sign of what is to come. But i really enjoined it and next year the conference will be in the port of long beach in california. I think commissioner brandon hit it, but what i think was good is there were so many different ports there were large ports like la, long beach and boutique ports like San Francisco and san diego and every port is different and not one size fit every port. In that Political Forum we had, one was a u. S. Senator from lieu ease ase yania and not running again and he is on transportation. To me ports of a bipartisan issue and life blood of the economy. I asked him and said president obama in the state of the union talked about ports 3 time in his speech and i go, how is it that we dont get to talk about ports other than when the iowu and pma are in west coast negotiation and ports should have more oof spotlight because we got ferries and a lot of things happening in the ports and need dredging in the ports and a lot of things going on in the ports and i go, we need to talk about it more and he goes, willie, that is important to talk about ports because here in San Francisco if you think about it, our largest [inaudible] is the giants, but yet we got cruise and ferries and boutique and restaurants, we have a little of everything here in San Francisco which makes our port really unique and so we think it is important. The port of long beach is a green port and i know that we are looking as we want to build the seawall and go after these things that we need to go after t we will need that federal funding and i think that we are not going to get as much money from federalfunding as we think and may need to do more bonds and may need more private partnership said to get done what needs to be done because so many times things get done after there is earthquake. I just got out of a earthquake. I was in new orleans and got back last night and was at a conference in well mgten and had a big earthquake, 7. 8. They are going through the same things we are going through here as far as Sea Level Rise, infrastructure so this is happening to ports everywhere so this is something we need to think about and we are all graphicing gralfing with the issue and may take thinking outside the box and having different partner ships. Thank you. The next item is opening of crab season. Im very pleased to announce that crab season has opened especially in consideration of what occurred last year. This last weekends fisherman and Fish Processors agreed to a price of 3 a pound and of this morning the fisherman were allowed to deploy the crab pots and the first haul will be retrieved thmpt opening is point reyes. [inaudible] concern of elevated levels of dahmsicacy ed north of california boarder is predicted to open december 1. 52 crab boats are fishing from hyde street and wishing our crabbing community well. The next is update on water front plan update. The process is move toog the next phase of the work. Very important work and our civicly engaged volunteers continue to really work through this process. After a extensive orientation, the group has created three subcommittees focusing on land use, resilience and environmental stability and transportation. The subcommission discussions will be reported to the full working group and will develop a port wide policy. The 7 Advisory Teams are supporting the work in providing additional expertise. All of the meetings are listed on our waterfront web page and we encourage members of the community to get involved. We produce a video to get the word out more about the really important issues this group is tackling and how we want public involvement. World wide for the atmospheric waterfront. With spectacular view said are framed by piers and sites and souths are constantly changing. We come to the shore for exercise, relaxation, ball games, entertainment. Recreation, market, exploration. A wide variety of attraction easily enjoyed from piers in public areas along the bay. Today the waterfront boasts more activity than before hosting over 25 million visitors every year. The port of San Francisco madgeens 7 and a hamp miles of the citys waterfraunt from hide street and Fishermans Wharf to the cargo terminal at india basin. The port preserves architecture such as pier 70 and the ferry builds{peer pares that form the historic district. The port support 10 different maritime industries. Along side diverse mix of commercial and recreational attraction, making San Francisco one of the most vibrant working waterfronts in the world. Did you beour waterfront phasing serious challenges . A major earthquake could damage the seawall that support piers and embarcadero roadway. Rising sea levelerize predicted to cause flooding at high tide. Major repairs are needed to save mane piers. The port is at a critical turning point t. Is time to plan for the future of San Franciscos waterfront. This year the port is updating the master plan for the waterfront. The port formed a Waterfront Plan Working Group to invite a wide variety of viewpoints including residents all over the sitdy and bay area and others par fis pate on Advisory Team to share urban design, finance, engineering and maritime operation. The water front Land Use Plan guided use and development of the lands for the last 20 years. Major physical changeerize taking place and now it s the time to update the waterfront plan to continue improvement that will keep the waterfront vibe rbt, public and revilleiance the Biggest Challenges are mostly out of site. A ager 3 mile long sea wall along the embark cadero and sea levels expected to rise 3 to 6 feet by 2100. King tides provide a preview of what daily tides can be in the future. Seawall is built or weak soil and the next [inaudible] without urgent repair this will damage the roadway and promenade and bulk head buildings. We are fortunate over the last hundred years we had less than 1 foot of Sea Level Rise. Scientist predict over the next hundred we will see 3 to 6 feet of rise. Imagine life as we see along the waterfront will be different. The piers will be flooded, the embarcadero will be flooded rkts the Transportation System will be impacted. All will be impacted. The port doesvent the Financial Resources to repair all of the deteriorateing historic piers u let alone the funds need for sea [inaudible] sea wall reinforcement or deal with effects of Sea Level Rise on its own. It needs to raise enough money to take care of the properties mpt there is nofe way outside absence of fundsing the issue of Sea Level Rise or seismic condition of the sea wall can be dealt with. As engineering studies begin to address sea wall and sea level challenge the working group focus on more immediate issues that guide the port. Please share your ideas about recreation, pier activities, shore line hap tat, historic preserveation, transportation issues and environmental protection. We know this planning process is not going have one question and one answer. We really need the huge diversity of the opinions how people feel about San Franciscos waterfront and want to hear all those opinions. Big challenges call for big decisions. Now is the time to explore new and Creative Ideas that will protect and preserve San Franciscos unique and iconic waterfront. Now is the time to get involved to help shape the future of the waterfront. We need that debate, please come down and get your voice heard. Engage in the process this is your waterfront and your opportunity to knet involved. Be part the solution. Help San Francisco create the waterfront we want for the future. This is really to dream big and think about what our waterfront looks like for all san franciscans today and generations to come. Please get involved with this planning process, as it will set the framework for what is coming at the port. Find more information about the waterfront plan update and up coming meetdings on the ports web site. Thank you. [applause] thank you, we are thankful and proud of the fantastic team that pult this video together so want to call out San Francisco sfgtv tv scott wiseman, carry kill strm, renee done martin, tiaura earl, norma gooustman and others as well. This will play on sfgtv tv so it will let our resident know about what we are working on here at the waterfront, what these complex issueerize s are and get a call to get involved. The next update is pier 80. Pier 80 isope open for business. November 11 and 12, loaded 1297 teslas on to two vessels. The cargo was loaded in two shift jz the vessels sailed on time. We had compliments from the vessels. They were happy with the operation and happy with the alterations we made to the facility and have a next scheduled vessel, the rio grande that will come november 2 for another 1 thousand tesla automobiles. We are extremely pleased there has been such a immediate and quick reception to the facility being opened. Our own michael car of oewd has gone down to san diego to look at the labor operation and working full force with city build student get early referrals into the operation and john patienta and moreeen patienta are committed to hiring district 10 residents in the very near term and we will be reporting out as that laboras that work fram develops. My final item is to let everyone know about the Parks Alliance blue greenway website. It is bluegreenway. Org and a new Website Service to provide a information hub for building projects parks and Community Events along the emerging southeastern water front from at t park to candle stick. Community members can find out the next neighborhood meeting and weekend kayakers looking for a place to launch boats. Be aware the site is available and see what is dming coming up and this concludes my report. Is there any Public Comment on the executive directors report . Being none, Public Comment is closed. Madam secretary. 9 c,Port Commissioners report. Colleagues. Nothing to report. Thank you. Justi cant get overly political here, but i do just want to express my sentiments following last weeks election and highlight something i think we embraced at the port all along, which is commitment to being involved in our community. It is evidence by so many people involved in the waterfront Lands Use Plan which you heard about. It is critical we all stay active and engaged in our communities that we stay vigilant watching for issues and concerns that arise particularly for those that may not feel as safe as they may have in the past and we not normalize behavior and comments and statements we find unacceptable. I just want to reiterate that we at the port have always embraced our diversity and i think thats where we have seen success. It is because of the diversity that we all share, our common humanity but all that much stronger by all coming together from whatever groups or regions or religions we represent and communities and so i hope that we at the port will continue to be a beacon for others as we lead by example and show our strengths by all of us coming together to see improvements in our communities. Nothing to report. Other than what i already reported. Madam secretary e next item. Item on consent 10 a first approval the port municipal debt policy amended nrfb 15, 2016. 10 b issue request for qualifications soliciting as needed environmental professional service not to exceed 1 million. So moved. Any Public Comment on resolution 1642 or 1643 . Being none, Public Comment is closed. Colleagues, all in favor of resolution number 1642 and 1643 say aye. Aye. Opposed some . Passes unanimously. Item 11, informational presentation for mixed use development prouject seawall lault 337 and pier 48 bounded by china basin channel third Street Mission rock street and San Francisco bay and adjacent to at t park. Phil william son senior project manager for planning and development department. This afternoon im pleased to provide update on seawall lot 337 and pier 48 known as mission rock project. I first like to take a moment to introduce memberoffs our Collaborative Team that are here today from the office of economic and Workforce Development, mike martin. From the port byron rhett and rebecca [inaudible] state attorneys office, joanne suchi and giants we have jack bair and caryn alshore, kristin hall and ray song. Thank you for coming. Together the team over the past 8 years forged a project and proud toprint to you today. Project that evolved and improvaled over time due to new technology that have come to surface, Community Input from members here today as well and Society Needs remaining true to Guiding Principles that are part the projethfor many years now including ample open space, forward thinking sus tainability goals, responsible Transportation Plan and robust response to Sea Level Rise. The giant port and city staff negotiated a non binding term sheet with financial terms for lease and development nof site. 2013 the Port Commission and board approved that sheet which described a vibrant walkable mixed utneighborhood cht the Design Concept outletlined stratdagys, Program Element and design details for a collection of public park squz open space aminities. In june of 2014, San Francisco voters approved prop b requiringing voter approval for increase of height under the port jurss diction. In response to prop b, the giants obtained approval for prop d garning 74 percent Approval Rating for sites, density and land use program. Following the success of prop d, the team developed draft site design controls, providing detailed information to support the environmental analysis that is required under ceqa, California Environmental quality act. Developed and issued a new draft infrastructure plan under review by several city departments today and developed ish oo draft Sustainability Strategy and Transportation Plan frz the project. Go frgward, port and oewd staff are currently in negotiating key transaction documents for the project development. Over the next several months staff will return to the commission for policy direction to aid these negotiation jz look forward to your input. Key upcoming milestoneicize publication the draft irement Environmental Impact report anticipated february of next year and following bide the final eir and transaction documents which well bing you the middle of next year. The eir process will provide the public and Decision Makers a opportunity to review the technical detail thofz projecktd and potential Environmental Impacts and provide opportunities to comment on the project. The giants support and city staff will continue work oferk the next several month tooz conduct ongoing public out reach and engage; finalize design control for public rem improvement, coordinate inplanning with city departments and finalize transportation and sustainability plans. We willologist work to coordinate project phasing over time with the ports adjacent commercial tenants, pier 15 and 48, [inaudible] are in the project and Maintenance Facility at pier 50 and coordinate with the maritime tenant at pier 48 and 50. Across the street from the plauject we have the Public Safety building and in negotiation and discussion i should say with the fire and Police Department to insure the safe melding of the projethwith their operations. Today, the giant will provide a update and overview affthe proposed lands use for mission rock and Progress Report on Site Planning sustainability planning and projethresponse to Sea Level Rise. After the presentation the project team will be available if you have further questions. With that, i like to introduce jake bair from the San Francisco giants. [inaudible] observe before we get started i want as a member of the port family congratulate elaine on being port director. I met with commissioner adams at the beginning of the process and insured the port staff would not miss a beat and be seamless presenting and Going Forward with everything and want to congratulate you that on your process. It was seamless deal wg the port in part due to all the leadership elaine exercised when she was interim director. Really want to underscore how smooth it was working through the port in that process so thank you for that. I also want to add roscoe maps is a member of the team in the audience and a lot have been work ogthen project for a very long time. Back in 2007 commissioner bandon chaired a subcommittee on the possibility och development of sea wall lot 337 so here we are all most 10 years later, we are on the precipice of actually getting this done and approved. It is starting towards the next phase of building this part of inwaterfront and make ing it special and fulfilling the promise we worked on so long. Today we want to give you a little bit of a flavor of what we have been up to. There are lairs and layers of complexly to this as im sure you know and well review some of the layers. Ill start from 30 thousand feet. It afs year ago prop d passed by 74 percent of the vote and established the height limit frz each of the parcels on the project. Determined that there should be Affordable Housing at the level of 40 percent in each of the unit or each of the buildings with residential units. And mandating 8 acres of open space. Establish a birch of other policies that were a product of the planning process for the site that preceded the ballot. We are dealing with 27 acres. This is project timeline. 27 acres of land including seawall lot 337 peer, 48 and portion of [inaudible] consisting of 11 parcel. Open space primarily in two major parks along the waterfront and interior the project but including a lot of connective spaces between pier 48 and pier 50 and around pier 48. It also includes housing up to 1500 units, 40 percent of which are affordable. Office 1. 3 million scare feet of office and 250 thousand square feet of retail producing 7 thousand jobs on site. The plan also has parking and structured facility at the bottom of the site at the corner of mission rock and third street. So, immediately upon passage of the proposition d, we have been hard at work and i think we worked very very diligently with the city family to advance the projethon many fronts all at the same time. And as port staff phil joanne and rebecca can attest, it is a very very busy year. In addition to port staff we worked closely with city, regional and state agencies. Mike is here from economic and Workforce Development. Mta, department of public works, Public Utilities, bay and state land commission. We had a very productive year. Pleased to say the state of california passed legislation to facilitate the development projethand allow for a 75 year term for each of the parcels that consist of seawall lot 337 and mission rock. We are nearing the completion the environmental analysis as phil indicated. We expect that the final draft eir will be on the streets beginning of february for Public Comment is that is a enormous undertaking vauving many city agencies so we are all most at that point where we are on the street. We also worked hard building open space Design Guidelines and controls. A document that translates the many years of planning and Community Input into actual requirements for the development on the site. Building envelope set to address wind impact and sunloithd. The street and paichbing and tree jz where they are put to the wind mitigation, lighting, public art and street level retail. How many retail establishments per block to create a pedestrian environment and to fufill a promise creating a hub in mission bay. We are hard at work for infrastructure plan. How to stable the sited against effects of potential earthquake. How do we compact the site ready to be developed. The length and piles that need to be driven, many thousands. How to support the streets so they dont slump away from the buildings which is happening in other parts of mission bay. How to run the utilities and establish services. How to counteract likely Sea Level Rise that will impact the area. All those part the infrastructure plan and the product of a tremendous amount of work and thought. We also have Sustainability Strategy that is developed. And how do we build infrastructure and buildings and function as a Community Together to achieve targets for carbon reduction and reuse water on site and meet the promise that the port ask us and challenge the port ask us to meet in this area. Transportation, how will people get around . Bicycles, vehicles how will theyert interact. What about loading and services of the buildings. How do tenants gets supplies. The garage design and how everything is set up for circylshz thrmpt is a lot of work with mta and lot of different departments to think about transportation and how the community will function. How will this project be phased in terms of what is built first and how it can be a functioning operational unit together. We operate the ball park throughout the process of the developing this out. So, a lot of these issues have been advanced significantly this year and memorialized into plans that we are now discussing with all the various city agencies so we are in place and ready to go. We have as phil indicated several items underway. The business transaction, master lease, lease disposition and Development Agreement which will determine how the parcels are valued and acquired. Sample ground lease for each parcel. The financing plan, infrastructure, Community Finance district, jobs and equal opportunity plan to make sure that the benefits of the project are spread throughout our community. So, we have been busy and i wanted to introduce fran weld who is our day to day person who is really put the heart and soul into the project and see can answer questions but will go deeper on a couple items we have been working on. Thanks, jack. So, i was hoping to provide a little bit of a deeper dive on many of these topics mptd this project is so far reaching, it is fun to see the range and think also fun maybe to get a sense of the level of detail of work that the project team has been up to for the last several years. So, starting with design and public space, which is always been a foundation of sea wall 337 and pier 48 back to the original rfp is creating public space and open areas. Im showing here a image that is taken from a design controlled document at the perkens and will team put turth. This document is about this thick and every park has its own chapter and set of standards and guidelines that govern and codify the designs that will be at that space. So, one example that we have for Mission Rock Square, which is the middle park in the site surrounded by 6 of the mission rock buildings, we looked at different uses and their adjacency. The micro climate the scare. How much sunlight will be at what time of day. How it impacts the trees there and tied that into utilities and infrastructure planning. The bottom of the slide we have storm water garden programmed from the southern part of Mission Rock Square. Weve advised that to be the location and tied into the storm Water Treatment and deignage and piping and coordinated that with the infrastructure plan and what is happening under the square squujacent streets. This is a example where we have taken a look at one of the parks, what are the micro climate conditions of that park and how are people going use it and then how does that impact our infrastructure and this amount of detail has been created and thought through for every single pub lb space and park on the site. It is not just the parks, so we think of the public space of mission rock as a very diverse many different scale and type of areas. You have china basin park at the north, the image you often see of mission rock and have Mission Rock Square in thesenter but have several other public areas, different types of streets that each have their own requirements and demands. You can imagine terri fran swaus boulevard. Pier 50 and 48 requires very Different Levels of guidelines and controls than our pedestrian throughway which has more restaurants and about stroling and pedestrian experience in blue. Each of the different colors has its own chapter in design control book and that is coordinated with the infrastructure happening below grade as well. I think it is important to touch on the below grade issues and this is as good a time as any. You may hear in the news around geotechnical challenges across the city in the transbay and our neighbors at mission bay and we wanted to just talk about the amount of work and Due Diligence the Port Engineering Team has done led by nob and stephen working with our Engineering Group to investigate the conditions of the site and make sure we are prudently proceeding on the geotechnical front so performed borings this year and got more information about the soil and soil condition and we analyzed our utilities and infrastructure plan. Together we made a decision with dpw and puc on having pile supported streets and infrastructure at mission rock. That means that the Public Infrastructure we are building will be held up over time. It will not be sinking and pulling away from the buildings and it is amazing to see the newest buildings in mission day bay, the Public Infrastructure because it isnt built on piles is settling. There is a building just off of the map shown here about a block away where the sidewalk pulled away up to 4 inches in less than two years. You see this is clearly not sustainable from a fulsh planning and Public Investment and safety and accessibility and ada. Together with the port team and our engineering we did this investigation and collectively decided to move forward with piled supported streets on the infrastructure which we believe means this mission rock site will be able to stay for many years to come and wont have to redo what we just built. In addition, our piles that are supporting the buildings jack medicationed mentioned6 thousand at last counth, the average length is 230 feet and planning to go down to bedrock. Taking the Long Term Plan because this is a long term asset and a civic state land port and city asset where we will not be cutting any corners and we are going in the most prudent and responsible way with all the geotechnical issues and challenges facing buildings on fill land near the water. So in addition to the design of the parks and open space, we have been working a lot on circulation and transportation. This part the sitee had a lot of growing pains as it buildbuilt out and want to make sure the tha recordinated from day one as they can be. You are look thath bicycle circulation network which shows a coordinated plan with mta down to the location of stop signs whether they are two way stop signs, 4 way stop signs, the width of the cycle lanes and the transition between bicyclist coming from a street into a park area. All of that has been talked through with the different agencies and port departments and will be reflected fully in the design package of controls. So, from the beginning the pub lic experience has been highlight of mission rock and parks and open space and recently added this layer of retail and the pedestrian experience to our design thinking. You may recognize this study we presented to you last year about different neighborhoods around the city and different land use mixes and did this to make sure that the land use mix we were proposing for mission rock with the residence and office and the retail uses made sense from a neighborhood hol istic perspective so you see at the top of each color how mission rock stacks up compare today the different neighborhoods we studied from potrero hill, to hayes vala and mission and haight. We have taken it one step further in design control and look at a detailed finer view of the retail itself. The next slide with the pink buildings stacked up shows 4 neighborhood streets in the city and mission rock, the shared way of pedestrian mainstreet for mission rock is on the far right. The different colors represent different sizes of stores and restaurants, so we dug in deep to detail and rhythm of what a great main street looks like and feels like. How is it to walk down that street. How many openings are there per block, how many stores per block. What are the windows and restaurants look like. We used this information to write the guidelines for how architects will be aloud to build on mission rock. This is a area that i think is very important to be tightly coordinated Going Forward with open space and streets so we have the best ploest compelling neighborhood on the waterfront. This is a imobject thf shared public way which is a result of all of that deep research the perkens and will deep team has done on design of great public spaces and streets. Shoulder to shoulder with the ports commitment for great public spaces is a commitment on sustainability and the depth of this has really allowed us to per sue groundbreaking sustainability strategies. We set extraordinary targets here from 100 percent of our Building Energy demand met with Renewable Resources to zero water waste. These are very lofty goal squz we believe they are absolutely achievable. We see a path forward to save 40 million gallons of water every year on the site if we are a able to have the cooling we talked about move forward. We see a path forward partnering with puc Power Division to reduce the Carbon Emissions coming off mission rock off the San Francisco average which is already 58 percent below a u. S. Baseline of Carbon Emissions for building. This is a extraordinary and will require a deep commitment to maintaining these goals, but it is the level and scale of a project of this size that allows us to do so. I think the legacy of mission rock sustainability and ports xhilt to this will be a really wonderful legacy that we can pursue together. Of course perhaps the most challenging environmental consideration we have is Sea Level Rise and spent a lot of time on this already today. The port overall so just a little bit of snap shot how mission rock is planning to deal with Sea Level Rise. We are raising the site to withstand 66 inches of Sea Level Rise. The site will be graded up slowly so there wont be a boundary edge. The yellow will stay as currently existing grade, transition up over the green blocks and then the blue you see in the center is where the full center of the site is raised to that safe and protected grade. This shows a Cross Section of what that will look like in china basin park, which is the Northern Edge so the Cross Section is lookingif you stand in the park and look out towards the bay, what it would look like and this sort of stepped up condition. So, the buildings must be built above Sea Level Rise and king tide and flood event but we specifically designed in along the edges there may be floodable sailen solerant plantings in the event of a storm while there is a king tide can 66 inches of Sea Level Rise. We have different standsards and levels we are meeting but the public spaces and buildings will be protected above that level. This is a unique challenge but also provided with pretty fantastic Design Opportunities as you will see great storm Water Gardens and plantings along theoge thf site to seating areas where you make that grade transition and incorporate into the public space stepping up so the buildings are higher than the parks. The working waterfront where two incredible port policies can be met at once of the port Maritime Preservation policy and Sea Level Rise protection where we build loading docks into the buildings adjacent to terri fran swaus which protects Sea Level Rise and provides more space for maritime use along the edge the waterfront cht this is one the most exciting outcomes of the Sea Level Rise for us. From parks and open space to retail detailsretail detailsto sustainability and our commitment to Sea Level Rise, we hope that gives you a snap shot of the depth of work of coordination. There is a lot of others so feel free to ask more questions the project team is here and thank you very much for your attention and time today. That concludes or presentation and available to answer any questions you may have. Thank you. Is there Public Comment on 11 a . Any Public Comment . I just want to say thank you. Public comment is closed. Commissioner woo ho, any comments . Thank you for this update. Appreciate it, it is a great report. I think beginning to sort of fill out i guess the more i guess skeleton is now filling out with meat and flesh and hopefully we will see the life blood of what will happen at mission rock, so i appreciate that very much. I guess it is exciting vision and i understand you are trying to address all the issues and i like toknow i guess in term s of the conversations with the community, what feedback have you heard so far and areas of concern to the community. We just started reengaging with the community. There was a long process of engagement over many many years and the whole Land Use Plan was developed out of that process. Since the election we have been busy working on details and bring them up to the level necessary to move the project forward so this kicks off our second wave or next wave of Public Engagement at the Port Commission we want toprint to you first. We are presenting to sea wag tomorrow night and the Planning Commission in december and also bcdc as well, so we are making the curkt and have a open house as well and also meet wg the Different Community groups and starting to engage with a lot of the folks that have been active paritouspoints in the process to bring everything up to speed so when we beknin the process kicked off by the eir publication our community is well informed where we are and intend to go. I as you indicate on the timeline the project has been going on 8 or 9 years and at this point if you could describe what are theprice surprises ornot on the height, we understand, but the project itself, what are some of the challenges that you have found that were more challenging and what are the challenges of all the things you think will be most challenging Going Forward . I will mention something that emerged through the process which is prioritize the completion of china basin park in the first phasef. Now the first phase carries about 50 percent the infrastructure load to have the primary public aminity for open space go first so that is one the conclusions there. Frank can speak better than i but geotechnical issue squz Sea Level Rise and issues that we only had a small window in 200 7 and now have baert understanding what work squz doesnt work and filling out all those promises has been a long process. Fran, do you want to add . Sure, i guess it is a combination of what you were saying but the biggest challenge is phase and how we build the infrastructure physically because we are raising the site for Sea Level Rise. Some the phases will be complete but the current grade will be next door and then we will have a street that is supported on piles separating those two uses. We are starting to dig in and talked about a phasing plan as part of the transaction documents to anticipate or provide performance standards around the phasing for access for safety, for the Financial Investment of the infrastructure but that is a area we hadnt thought through because Sea Level Rise and raising it. That is a area we are starting to dig into. I have a questionany areas you feel you have not investigated enough that you still need to delve into further for us to get to full scope and cost and Everything Else related to the project. I think we have covered everything so far. Of course we will learn things as we move forward like we always do, but we tried to touch all the bases in our planning effort and have a good head start on all the issues. Thank you. Great presentation, exciting to see it moving forward having watched it even from years before i got on the Port Commission. I have a couple questions, one is justi think you may have said it, but if you can just for the public go over the timing of the release of the draft eir and what the public can expect, what type of hearings may be held and how there can be further participation as we go forward. Sure, the eir is slated to be published and released in early february. There is a Public Comment period following its release. There is a hearing where people can give comments orally as well as submit written comments. Once that period concludes then the Planning Department will oversee the response to all the comments that have been issued and that process takes as long as it takes to thury thoroughly response to the comments. We estimate that will take several months and ei rirks will be back for full endorsement at the beginning of the summer. Once the eir has been finalized and endorsed, the city can enter into the transaction documents and so we anticipate that happening in the summer of next year and it will proceed to approval from the bay Conservation Development and Regional Authority and to state land commission. There are waiting periods at board of supervisor jz bcdc and state lands so with all that we are hopeful the transaction is entitled and approved by the fall of next year and then there is a period of time where the first phase is designed and permitted so we are hopeful construction will follow no more than a year after the full entitlement is received. We are talking to all the agencies now not to put anything at chance we are going before the Design Review board at bcdc to present the project to them shortly so we had conversations so there are no surprises. The last thing we want to do is get the project approved locally and find out there is a problem regionally and requires us to come back locally so double and triple tracks all the processes so everybody has a opportunity have their input while we can still absorb them before we move for formal approval. And want to drill down into other details. Indicated you are doing piles for the streets and that infrastructure that also applies to all the structures as well . Yes. The problem is that in mission bay the buildings were built on piles but the streets were not so the slumping exists with the streets so they pull and they sink away from the buildings that create separation which means they are not flush and all the problems there too. We have seen this in real live time and taken a look and a change of what we thought we would do early on to what we are recommending now. Of course people heard about the millennia building and want to know if we are going to bed rock and determined that is also something we should do. That was a subtext of my question. Can you explain what and mean by the bay cooling process and is there a Environmental Impact from that . Absolutely. So, bay cooling is something that port tenant pioneered at the exploreatorium and what it means is that you are using the natural bodee body of water the fact it doesnt change the temperature too much t is like the earth, the bay stays a constant temperature so you use that fact to draw energy. If the building is hotter you use it to cool it down or cooler to heat it up. We are planning for a district system at mission rock where all our heating and cooling so basically all the air conditioning because not too much heating, runs off a shared system and that system the water will be chilled by using the bays energy. Bay water will not be pulled from the bay and brought to the site thrrks is a Heat Exchange process so the water is kept separate. What it means physically is there a tube going into the bay that lays on the bottom and this is studied in the eir so the full extent we understand the environmental considerations of the california fish and wild life and army corp of engineer and all those agencies will be able to apine on it. We are going to be presenting to the army corp interagency meeting in december to gut their initial feedback on the idea. It is like geothermal but instead of using the earth, you use the bays energy. So, the exploreatorium has it and if you havent it a chance to visitthey made it into Public Education and look at it and see the pipes and see how the Energy Exchange works. In terms ofi get it isnt pulling bay water per se, but just the different in size from the exploreatorium versus mission rock site will be significant. Will there be any effect on the water temperature just even by being adjacent to the apparatus . Will it have effect on raising the bay temperature . Great question. The scale is different. Of course the water amount is different and the california fish and wild life and army corp have standards where you cannot raise a temperature by a certain amount so the system has to be designed under that flesh hold. I believe it is 4 degrees within 10 feet but can confirm the detail. It is not only the temperature but the flow that you are looking at and wanting to make sure it is under so you make sure you are not disturbing smaller fish where that velocity turbiance may impact them. They are pretty strict thresholds and design the system to be under that. What is the sourceare you using fill to raise the height or what is the source of material that you will use to increase the site . It differs in different parts of the site. Sometimes we can raise it and just haveill start with the streets. When we raise the streets we are creating a chase for the utilities to lie in so back fill with soil that is supported by the u shaped street. There will be soil in. In the park we researched using geofoam which is a light weight fill because soil can be heavy and have more drag which contributes to the problem you are trying to solve so there are a few different products out there called geofoam, which is essentially sort of a grid structure about very light weight. Where there is landscaping you use [inaudible] which allows the roots to penetrate but still gives the structure. It is different at different locations but on balance our goal would be to not behave a net soil balance on the site so not be taking it away or adding it. I think the last is piggy backing off a question commissioner woo ho but maybe in a different way. One thing that is a surprise is phasing. Do you anticipate or have you seen any hick ups in the phasing as we initially looked at it and not to expand too much but thoughts on that. With this substantial first phase now being china basin park which is about 50 percent of our infrastructure. We will have to add another commercial Office Building to that phase to generate the property tax to support the infrastructure district so that was a change thip phaseling. At this point i wish i had the phasing slide with us. This building that was added [inaudible] so, we have been trying to balance the physical with the tax increment that supports the financial so made that one change to balance those. Thank you for the presentation. This was wundserful and very detailed and really feel it acclael getting ready to happen. It is hard to believe that we are all most at the end of the draft eir phase and construction may start in a little over a year. That is absolutely wonderful. I think fellow commissioners have asked most of the questions and gotten most of my answers so not sure i have everything to add about thank you. Exciting to be here and happy the port will be in the first phase. [inaudible] thank you very much. [inaudible] 11 b, informational presentation on dogpatch public rem good afternoon commissioners. President adams and vise president brandon. Joined by robin [inaudible] from San Francisco Planning Department who will be presenting the central water front dogpatch public rem plan. Leading the effort on a interage group he pulled together he will describe and the reason we brought it in front of the Port Commission is a couple projects that robin and the interagy team are working on include areas on port propt specifically Warm Water Cove Park and portion of 24th street east of illinois. With that, ill let robin present the plan and he and i will be available for any questions you may have at the conclusion. Thank you. Thank you david. Good evening commissioners, robin [inaudible] Central Waterfront public realm plan which is a Implementation Plan for streets and open spaces in the plan area. This presentation will give background why the departments have collaborated to undertake the planning effort. Just broad goals and outcomes associated with the blaning planning effort as well. I will talk about the public process and where we pr today and why we identified the sites we have for focused work as david mentioned both warm water cove and eastern most portion of 24th street is one of those Priority Areas of the focus areas. Then we will talk about next steps. The public realm plan is essentially an exponent of the Central Waterfront plan adopted in 2008 as the eastern neighborhood effort. It lays out broad goals to increase Pedestrian Access and invest in tran transportation infrastructure and acquire land and develop open space to meet the coming population growth, which we are experiencing at this time. So, this plan will help guide funding, it will be the principle tool and document we referenced as the city moves into the 10 year capital plans exercise which the Controllers Office already kicked off. Well see later there are a lot of Planning Efforts that have gone in around the neighborhood all of which lay out agendas for public space and Public Infrastructure improvements in the plan area and this was a opportunity for the departments to get together and cross check with the community those projects and which they felt were priorities. This is also a platform as david mentioned for department tooz coordinate with one another. We have the port and of course the mta, public works, cal tran and cal tran and many agencies with plans in the area. Those delivery processes need to be coordinated. I should also say this is a very useful platform to coordinate with Community Partners and nonprofit and neighborhood organizations around dogpatch. There are at least four, so it is really important we are touching in and engaging those folks as well. There are many different Planning Efforts as i mentioned. City scale right down to the the neighborhood scale to micro sites within the plan area like 22 street green connection which is currently undergoing implementation. The formost is Central Waterfront plan. Many different scale squz initiatives and planning efts the neighborhood have undertaken so this is a opportunity to synthesize those and come windup a plan for the neighborhood. I emengds thd Central Waterfront plan has broad policy squz goals, connect the waterfront to had neighborhood, make sure as Development Comes we match with sidewalk and pedestrian and bicycle infrastructure that needs to serve the community. The plan is essentially these four parts and we are currentsly between the second and third phase. We are just wrapping up our conceptual design work which we have undertaken through most of the last half year with the community and now pivoting to work with public work squz other implementation agencies to develop cost estimate frz the specific project and get those programmed. Just a slightly different way of looking at the process but we are essentially between step 4 and 5 with different pieces of that overlapping. We aim to publish in march. That is the upshot of the slight slide. We have work would daibed at the port and sustainability streets at mta as well as folks at dpw and the rec and Parks Department to be present at neighborhood meetings. We are on a circuit. Im in dogpatch all most feel like 5 or 6 nights a mounth as well as public workshops we have held. There are four so far as well as a series of focus Group Meetings we having around [inaudible] park because the site required extra Community Engagement. Just a quick overview of all the folks woo have been deliberate cultivated engagement with through the process. In terms of the priority projects in the plan which well get to in just a minute, the way we derived that list of essentially 6 projects, three Streetscape Project squz three open space sites is by scanning and putting together inventory of all the public space project ideas those previous overlapping plans had mptd we put them online and did public poll frup about 4 or 5 months and series of public workshops and inperson engagement actaveties. We look the list and did sort{came windup a priority list we are luging at today. This is just a screen shot of a platform we work would a online polling platform called neighbor land. What we came up at the endch othe process concluding the middle of the past spring are 6 projects. Three of them are streetscape, three open spaces. Those are minnesota north so the portion of minnesota between mariposa and muni woods yard. Minnesota south, which is that section of the minnesota between tubs or the southern portion of muni woods yard and cesar chavez and 24th street green connection that connects what is known as minnesota grove, a street park in the center of dog pamp. The open space identified through the process are [inaudible] which is under the rec and park department, warm water cove and tunnel top park which is within the california train right of way. So, weef started to look at high level rough numbers for these projects and we have numbers we are feeding to the Capital Planning committee right now. I should also point out this outside of those 6 sort of Priority Areas, the three streetscape core dors and open space we look district wide at spot improvements that are essential and necessary. Much of dogpatch literally does not have sidewalks. We dont have marked pedestrian crossings, there is opportunity to do Traffic Engineering and intersection control where wree notice increased pedestrian foot fall is causing increased conflict with our freight and vehicle circulation through the neighborhood. Here is a map of those spot improvements which is currently undergoing the final stages of analysis by mta. There are a few projects which are currently underway. One is the 22 street green connection or Streetscape Project. Public works is moving through Detailed Design now and set to break grown march of thecs year. It will go out to bid late this bring, early next summer. March of the following year. We also worked with community and cal train to accommodate pedestrian scale lighting at bridges at 22 and 23 street. This was not part of cal train cit so happy the plan effort was here to help propel communities request to include pedestrian lighting on those facilities. Dpw is currently undertaking Electrical Engineering for those. There is a idea to build on that and express dogpatch as really artistic and unique and special atmosphere by perhaps designing a pedestrian gateway feature that utilizing light. We also tried to innovate a Way Community engagement is done. We initiated a collaboration with California College of the arts, who have engaged their graduate students in some pilot projects and some experimental urban design activities in the neighborhood partnering with community glups in the neighborhood. In this case it is the Steering Committee at tunnel top part and deliver intriment aminities to that site. Stha really fruitful collaboration and rez donts of potrero and dogpatch and Cca Community are excited doing something else. We are really trying to engage in the long term outlook for delivering infrastructure to the neighborhood and do something early , doa few small things that engage the community and help for the city to deliver early on needs. So, our next steps are to wrap up the development of our concept designs arounds those 6 priority projects. There is a little bit of Community Engagement work still with [inaudible] park so that particular project will be wrap up little later and go to rpd commission in the early year to present that project. Our goal is plan presentation in manch and adoption shortdly afterwards. So, both david and i are here for questions. Any Public Comment on 11 b . Any Public Comment on 11 b . Seeing none, Public Comment is closed. Commissioner woo ho . Interesting plan and glad to see coordination and great projects. Commissioner brandon. I agree, thank you for the report. This is great that you joined us and putting effort into the Central Waterfront. Where is tunnel [inaudible] top park . Tunnel top part it is pennsylvania and 25th street. Lets see if we can get a better map graphic. The site is here and it is where the cal train alignment begins to [inaudible] correct. Near the on and off ramps to 280 on the west side. If you come down pennsylvania you see it across from the on and off ramps of 280. Where is the funding coming from for these projects . That is definitely the next task for our Interagency Team is start identifying funding sources. We are looking at a variety of things, eastern neighborhood impact fees primarily. Also applying for prop aa funds, so the ta just put out the call for that. We are definitely still looking. Now that we have a better sense of the numbers are and the need we can start beating the bush for funding. How does this plan relate to the bay front plan . They are related in they are coordinated efforts. Dogpatch Central Waterfront is within the southern bay front area so a part the work with office of economic and Workforce Development looking how we can leverage the future projects to improve the communities. Well use the work robin and team has done to prioratize to invest in public realm and open space improvements. It is exciting and appreciate all the effort that has gone into it and also the interagency coordination makes everything that much better so thank you. [inaudible] thank you, commissioners. [inaudible] item 12 will be taken out of order and heard first. Request authsition to award a contract to cowi olmm joint vercher for architectural and Engineering Services for mission bay ferry laning projethin amount of 3, 981, 369 and authsition for staff to increase the contract amount infeeded for unanticipated contingency additional 398, 137 for contract authorization of 4, 379, 50786. Good afternoon. [inaudible] the port contract coordinator and manage the solicitation process for Mission Bay Ferry Landing rfp. Im joined by joe [inaudible] from Engineering Department and he will manage the project port side. [inaudible] the acting director of contact monitoring and [inaudible] the ports contract Compliance Officer are also here to talk about the firms available to propose on the project and talk about review of our process. Finally, huh mead [inaudible] and james conally are here. Gary oats from ecs sa. He is the environmental lead on the team here representing the joint venture. The item before you is a action item to one, authorize port staff to award a contract to cowi olmm for Mission Bay Ferry Landing projelth. Total amount is 4. 4 million with 5 year term and options to extened for two additional one year terms. This project complywise a number of our port wide strategic goals including proactively work wg other transportation agencies to reduce Traffic Congestion promoting alternative transportation and climate goals and active water birth. With 20 percent lbe subcontracting goal this meets objective to maximize responding on lbe and micro lbe firms. The scope of work for this project will be divided fl to three phases during the first phase the contractor interviews stakeholders to establish the Ferry Landing design criteria. They cumuns soil investigation. The environmental permit applications will be submitted and prepare a and e designs including construction cost. In the second phase of the project the contractor will complete the a and e design including specks drawings and regulatory permits. The third and final phase of the project the contractor will assist port start bidding the construction portion the project and they will also make sure that all the construction is preceding in accord ance with the contract documents and regulatory requirements. On august 5, we issued an rfp and launched a web page inchincluded the Mission Bay Ferry Landing planning study. The proposal submill mital document squz sign in sheets from the meetings we held. For outreach we met all the citys posting requirements and sent the rpf to 200 furnls including firms that bid in seattle, alaska and new york city. Along that line we contacted every firm that worked from a engineering standpoint with the portd recollect department of public work squz puc. August 15 we hosted a presubmittal meetding ateneded by 65 individuals representing over 52 companies. We were very pleased with the meetings turnout and held a networking session after that meeting to allow the firms to meet eacheter and their Contact Information was posted on our website so they could contact each other after our meeting. We then convened a three member Evaluation Panel consisting on ken leon a Structural Engineer from Public Utilities commission, Kevin Connolly who is here today, a planning with weeta and brought a wealth of knowledge to the panel on Ferry Landings that had taken place in the bay area, diown oges mu the ports assistant Deputy Director of planning and development was the final panel member. Like to thank them for volunteering and helping through the process. The Contract Monitoring Division approved the composition the planl and monitored all the meetings in accord wns the provision of the localinate prize board. The proposal deadline we received four responseing to the rfp. The rfp was divided into two phases, the writden proposal is wurkt 200 points, firm and project approach wurkt 75 points, we weighted the cost proposal of 15 points and the remaining 10 points with comleteness and clarity. All 4 forms were invited to the oral interviews. The most qualified respondsent the firm with the highest combined score. At this point ill turn it over to rockulous who is acting Monitoring Division to discuss their process relates lait today the rfp and availability of firms available to propose on this opportunity. Commissioners, director, romulous [inaudible] active director of contact Monitoring Division. Local Business Enterprise participation program. It goal is assist local Small Business to compete in award of city contracts and subcontracts. It is race and gender neutral, however, business can be further classified as minority, women owned or other owned however there is no impact on the programs benefits or requirements we also are charged with the enforcement and monitoring of the Selection Process. The lbe subcontracting goal was set at 20 percent and based on availability of firms in the disciplines provided by the [inaudible] during the rfp stage. As you can see here, the scope of service include landscape architect, Civil Engineering, structural, so on and so forth. As part of our responsibility we oversee the Selection Process. This includes review of the minimum qualifications during the draft phase of the rfq as well as setting goals. This insures there are no possible discriminatory barriers against the local Small Businesses from competing or participating in the Selection Process or in the contracting process. We also oversee the evaluation stages of the program and we also assess proposals responsiveness to 14 b preaward requirements in terms of meeting the lbe subconsulting requirements. At the ochbd the Selection Process we have val idated the port Selection Process and all that pass through the Selection Process were compliant with 14 b requirement s. Subject to your any questions [inaudible] finish the presentation. Thank you. These are the final scores. Received the highest score. They were all close. All 4 firms were very qualified and had experienced completing similar projects in the past. Unlike most professional Service Contract we included cost as part the scoring criteria wurkt 15 points. The panel describes proposal as qualified with relevant prior project experience, the proposal was clear and thorough with a comprehensive and suck sent report. Joe and i sat down with the three losing firms to review the process and the competing proposals. We discused each proposal strength and weaknesses and all three firms were satisfied with the evaluation the panel scoring and commended the port on a fair and transparent process and no protest were filed. Cowi partner is olmm. They worked together several years. The team they assembled includes 13 subcontractors, of which 10 are certified lbe. Outside of our jurbs diction cowi completed the San Francisco west marina Harbor Division and performed east bay Ferry Terminal earlier this year. James conally coordinated the design Environmental Review and construction support for the Brooklyn Navy Yard Development inchincludes 14 ferry vessel birthings. Experience work wg the port of San Francisco. They are currently one of our as needed Engineering Consultants and drafted the mission bay fer a landing study and heading the Fire Departments project to design a fire boat birth at pier 26. Moving forward, our goal is execute the contract and issue the notice to proceed by december 1. Completion nof design document is scheduled for april 2019. Best Case Scenario the construction and contract completion are projected for june 2222. That concludes my presentation and request that you award the design Service Contraction for mission day Ferry Landing project to cowi olmm joint vercher with 3. 9 million for total amount of 4. 4 million with 5 Year Contract term and option for two additional years if necessary. Im here with joe the project manager, cmd, cowi olmm and can answer any questions you have. Thank you for your time. [inaudible] 12 a . Is there Public Comment on trevl a . Seeing none, Public Comment is closed. Thank you so much for the presentation and thank you for doing such extensive outreach to try to bring bidders in. My one question is, is the difference in pricing between the 4 firms and are we comfortable with the 3. 9 million we are comfortable and committed to 3. 9 million. The contract amount with 10 percent contingency. The different rinse between highest and lowest had to do with Structural Engineering and dredging engineering. Joe [inaudible] reviewed the project cost and felt confidence 3. 9 million would suffice for the project. Thank you for a great presentation and significant outreach and appreciate all your efforts. Thank you. Thank you. [inaudible] item 11 c, informational presentation on memorandum of understanding with San Francisco Bay Area Water Emergency Transit Authority for the planning and project delivery of Mission Bay Ferry Landing. Jrsh i will be very brief based on the limited time we have this afternoon but joined by Kevin Connolly from wita and joe [inaudible] project manager for mission bay ferry laning projement. Outline the role s and responsibility for planning, design and titlement and pursuit of Capital Funding for Mission Bay Ferry Landing project. We enter into the mou prom direction by the Port Commission at the may meeting as well as Community Input we received through the Community Outreach we did leading tupe the rfp you just approved to contract for. In general, the mou out lines the following rules for each agency, for the planning process. The port will take the lead and weta will provide assistance. Where the contracting work, design, planning and entitle; the port is take thg lead on that contracting. Again, weta is assisting where needed and kevin participated in the selection panel. Public outreach lead by the port with assistance as needed and kevin and the weta staff is with us for all the Public Outreach we have done to date and demonstrated at the last Commission Meeting to present the strategic plan. For Construction Funding we ask for a commitment to support us in the pursuit of any funding required for the Capital Improvements and that includes collaborating on necessary submittals, providing data related to ridership projections and persug and prioritizing the project for Capital Funding whether it is federal, state, regional or local funds. As relate toog the cost, today the port along with partnership with the city has committed to paying 1pen 100 percent of the cast for Planning Design and entitle. Of the process so leads to next steps. After todays informational presentation we come back to you in december for approval of the mou. Weta will bring to their board for consideration in january. That concludes my presentation, kevin and i or joe are available for questions and comments. Thank you. Public comment, i have two cards, Veronica Sanchez and maria [inaudible] anybody else want to speak you can line up after her. Mr. President , commissioner director [inaudible] Veronica Sanchez on behalf of [inaudible] we are very pleased with the first part of the mou as proposed to you. We are very glad the port has taken the initiative in laurching the project and the funding made available and approval the contract but we were surprised to read in the mou that staff is proposing that you commit to constructiontake thg lead on constructing the project. That is page 3 of the mou. We think this is premature to commit the port to constructing the project given the main job here is get 42 million in the door to build this terminal. Two, i think it disregards the expertise and the skills that weta as a state mandated agency to build the Transportation Network and construct Ferry Terminals. This is something that our union and sister union and other business stakeholder in the bay fought hard to do is keep weta in the lead. I think that this is a decision that should be made later on and port should not be bound by this at this time and was very surprised by the staffs recommendation on this. The weta board hasnt heard the item. I know there are directors that do want to keep thatexercise that state mandated charge that they have. When i was at the port in the 90s and built down the downtown Ferry Terminal and commissioner brandon you remember those days when we were seek thg money and china basin, we would have been very happy to have a Regional Agency like weta manage those projects. This is a very difficult project to manage and have weta that developed so many terminals in the bay available to lead the construction on the project is a enormous resource for this port. Certainly you have a extensive bucket of capital projects. I hear it is a billion dollars so have plenty of work so that is a staff resource allocation you can make at a later point and not at this point today as you draft the mou. I would urge you to provide flexibility and the mou and leave that decision for a later moment and not commit to that phase the contract. Thank you very much for your attention. Thank you. Marina. Anybody else want to speak they can speak after marina on the issue. Good afternoon president adams and commissioners and executive drether forbes. My name is marina [inaudible] speaking regarding the construction the mission bay Ferry Terminal. We urge that at the time of construction the port of San Francisco consider contracting with weta to manage the Ferry Terminal construction. The water Transit Authority we work hard to insure dta role terminal construction after 1999 and make sure the resources go to the the agency. It is in their domain and should be done by them. Every time i cross the bridge and i do it a lot, some of my tol pays weta to manage construction on Ferry Terminalsfelt the unions were responsible for getting the money and what weta is supposed to do, construct Ferry Terminals like they did in south San Francisco, richmond, alameda [inaudible] downtown Ferry Terminal. Thank you. Anymore Public Comment on 11 c . Seeing none, Public Comment is closed. Commissioner katz. Thank you for the presentation. If you can take the comments made by the public under advisement for when it comes back. Commissioner brandon. Thank you for the presentation and look forward coming back. I have a question, anyone here from weta . Can you come to the mic, i have a question for you . What is wetas position or interested in Construction Management . We are perfectly comfortable with the port taking the lead and support it 100 percent. We believe the mou provides the flexibility at the time of construction we could flip the partnership and we could take the lead. Sometimes there just doing that and depend on funding, expertise, we purnlly feel the port has the expertise to do and confidence of the ports capability so have no reservation about the port being the lead. At the same time if in the future it makes more sense for us to take the lead we are hpy to take that on. [inaudible] i dont know whatwe havent taken the item to our board. We wont do it until january. We have taken informational items to our board and our board was very supportive of the process and partnership we had. Okay. Thank you. Madam secretary, next item. Item 12 b, informational presentation on the amendments to the 2016 port of San Francisco codes. Good eechbening president adams, commissioners and director forbes. [inaudible] kim, chief harben engineer. The item before you is a informational itemoon the proposed update to San Francisco ports Building Codes. The main purpsh of Building Codes are formalize construction standards to establish minimum requirements to protect Public Health and safety. The construction standards cover nearly every aspect of Building Design and construction including structural provisions, plumbing ventilation, fire safety, special inspections and testing procedures rchlt over the years the codes have been continuously refined and updated to incorporate increasingly large scope such as accessibility for persons with disabilities, sanitation, construction quality, and latest and progressive Green Building policies. National Building Codes are updated every 3 years. Local agencies utilize codes as a base set of codes and local amendments base thond local conditions concurrent with three year cycle and they also from time to time provide local amendments as deemed necessary. Local conditions warranting local amendments on top of the National Building codes are based on climatic, geologic or topographic consideration. For example, the port incorporate design parameters that consider 100 year flood at specific locations in the bay along with wave heights. Port also incorporate specific provisions around our two unreinforced masonry buildings ret row fitted by orten development. The port requires seismic safety improvements designed to control risk through occupancy density in buildings that do not meet current seismic safety standards. Neal freedman is port chief building inspector. As the chief building inspector neal is in charge of overseeing the process to insure all construction requiring Building Permits submit applications for review by the port and meet the minimum requirements set by ports buildingcoats codes. The review process consists the intake orphapplication with construction plans which are distributed to all relevant reviewers. Typically include staff from engineering, planning, and real estate division. Goes through a process of review, comment, revision and finalization for permit issuance. After permits are issued, construction begins and inspections are coordinated with applicants to insure conformance to plans until final close out. One the notable distinctions fwht port is we are typically regulating the work of our own tenants on our property. We have to work more clously with our applicants as partners than at a typical Municipal Building department such as dbi. Typical Building Department there is no vested inivist to assist in review and approval of process or expedite approval process. Currents violations are put on the property own ers. At the port we are the Property Owners so try to avoid this at all costs. Due to the difference neal and the permit staff have to be much more collaborative to the permit applicants than a typical Building Department. Neal will provide a overview to the code update process and local amendments. Thank you. Commissioners, director forbes. Neal freedman, chief building inspector and due to time constraints i will try to go through this very quickly. Every three years we are required to update the California Building code for our own purposes and own amendments. This is a two part presentation. Todays informationm only and be back december 13 asking you to approve our amendments and that will form the basis of package that well send to the Building Standards Commission and hope for ratification so we can start or implement the 2016 Building Code starting january 1, twnt 2017. The changes we made are relatively minor. The bulk of the work was fixing the document in microsoft word. It was pretty unwieldy before and that took probably the majority of the time that i and peter wong who is a Civil Engineer in the Department Spent on the document. Just a couple brief issues that we updated. On the port Building Codefirst, let me precede that by saying there are 12 parts to the Building Codes and it ranges from administrative code all the way through the Building Code itself and plumbing, electrical, mechanical and energy codes and Green Building code. So, in the port Building Code itself, one of the changes i made was for special events. In the past there is a lot of confusion with project sponsors doing special events about how to present what they are doing. It often took a long time to get the projects through the port permitting process, so one the things i implemented and now will finalize in the code is allow the project sponsors to do their own engineering and engineering review squpprint us with a engineering letter signed by the primary sponsor of the project engineer that says in effect that the project will be safe. This could be anything from a skate board park to a grand stand or bleachers. By letting them do the engineering and the sign off themselves, we of course provide oversight. It will speed up the process. We wont have to have our own engineer go through the entire package. And then at the end of the construction of the special event, we also ask that they provide us a separate letter that says that the structures that were put up were done in such a fashion that they mirror what the project was intended to do in the first place and that are safe. Building codes are all about safety for occupants. I cant emphasize that too much. That is what we do. There was a major change in the port existing Building Code. It moved out of the Building Code itself into its own part, it is now part 10 of the 12 parts of the california code. Electrical, mechanical and plumbing had nothing significant done to the codes. The electrical probably took the most work. We took out probably half of what was there because it was aurltd in the state code and just redundant. The final, the Green Building code is still being worked on, but it will provide us with a mirror of what the department of building inspection is doing in updating the code and complying with the Citys Department of environment. I think thats about it. If you have any questions. Is there Public Comment on 12 b . Safety codes. Building codes. Being no Public Comment, Public Comment is closed. Commissioner brandon thank you so much for updating us on the amendments. Is this something we have to vote on or just a information presentation is just informational today, the vote is december 13. Thank you. Commissioner katz. Thank you for the presentation. We know how [inaudible] it is about 5 thousand pages. Thank you very much. Look forward to having it come back. Okay, good. I never heard you present before but thank you very much. You do very good work and for me safety is paraminute in a structure. Thank you for the time and effort. I know is a long meeting but thank you for your time and being patience. [inaudible] item 13, new business. Being no business, colleagues ill entertain a motion to adjourn. So moved. Segd. Second. All in favor say aye. Opposed . 545. [meeting adjourned] good evening and welcome to the wednesday, november 16, 2016, of the San Francisco board of appeals guidelines that he commissioner swig that he commissioner bobby wilson to my left is thomas owen for legal advice this evening at the controls is gary the boards legal assistant director. Were joined by representatives from the city departments that have cases before this board. At the table in front is corey teague the assistant Zoning Administrator and representing the Planning Department and Planning Commission that he joined by joe duffy dbi chris buck urban forester and with the bureau of street use and mapping and deputy City Attorney ann pierson representing of the department of Health Please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. People affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do after youve been sworn in or mroifrmd do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Thank you very much we will start with our first item that the general Public Comment anyone that wants to address an item on the not on tonights calendar general Public Comment commissioners questions or comments anything commissioners and item 3 the boards consideration of minutes of meeting of the november 9, 2016. Unless any additions, deletions, or changes may i have a motion po to accept those forward. Any Public Comment on the minutes okay. Seeing none a motion in commissioner lazarus to adopt the minutes on that motion sdmung commissioner president honda commissioner wilson and commissioner swig thank you very much that that motion carries with a vote of 5 to zero next item a rehearing request the subject property hate street safer lower hate a rehearing safer lower hate decided december at the time the board voted to deny the appeal a separate a medical cannabis dispensary on a basis that was issued properly the doing business as staircase weve started with the requester and good evening i need to make a disclosure. I wish to disclose ive hired reuben, julius rose on a since roars is handling the case reuben, junius rose representation as an entity before the board will not have an effect on my decision. Mr. Williams im Steve Williams the appellants request for a rehearing should be granted at the prior hearing the board was given incomplete information when the board repeatedly ask do about the dissension indication only an increase in size will trigger the land use we attached that transcript for our review at exhibit 4 and if you look at the briefs submitted that echo if exact assertion the brief states the planning code didnt draw a distinction between on embarrassment of the nonconforming use of the dysfunctions indication and as long as the use stays the same no retriggering matrix that was what the board was told those. Certifications are absolutely incorrect as a matter of law San Francisco requires a new hearing on a nonconforming use if it is alternated or changed and claegd a there of 25 percent ive attached samples from the planning code interpretations thats exhibit 8 that triggered the intensification and exhibit 6 and 7 densification for the restaurant baker and banker other jurisdictions i cant imagine dealt with that issue a number of jurisdictions actually define intensification the santa cruz planning code any change in the recuse that results in a significant generation of traffic smoke are glare or odor thats a big one sewage generation all a intensification and saratoga says you have a significant equipment or personal property to run the business thats considered an intensification brisbane that the exact same lack and matthews says hours of operation volume of traffic generated, etc. Those are all dissension indications of the use requiring a new hearing obviously that happens in f this case a tenfold in the there of what is sold at the site a tenfold a Business Plan for a tenfold increase in traffic and individuals patronizing the establishment i urge you to grant the hearing. Thank you encourage. Thank you well hear from the permit holder now. Mr. Sunny and im sorry the people standing by the door please find a seat thank you. Good evening members of the board im tom of reuben, junius rose on behalf of the permit holder spark we we ask you deny it it didnt raise any not facts and circumstances the request raise the issue of expansion arguing this is a new issue it is not new we had a 3 hour hearing before the board that was discussed the board talked about that with the Zoning Administrator considerably ulnar this of the discussed at the Planning Commission hearing on the project in august of 2016 contrary to the appellants allegations this issue has been discuss at two public hearings and the Planning Commission like this board voted to approve the project the request tries to draw a distinction between expansion and quote intensification but no such distinction exists the issue is the same spark is an obviously organization a supervisorial mcd operator with a proven track record from no violations and widely supported in the interest of time were not going to have speakers but ask the supporters to stand we appreciate your c of that worthy project and ask you to allow the permit to be issued im available to answer any questions. Thank you counsel our well hear from the department now. Welcome. Good evening commissioner fung im a deputy City Attorney on behalf of the the department of health as you may know according to the rule the board may only grant it upon new or different material facts or facts and circumstances in known at that time, can effect the original hearing and a failure to experience Due Diligence to reduce the impact is grounds for denial in the request before you tonight the appellant has not made one new single fact in fact, all the documents with the exemption of the transcript at the last hearing long predates the october hearing by 10 years every single one of the documents 0 could have been produced prior before the last hearing with Due Diligence to grant a rehearing in this case is contrary to the rules and sets a dangerous precedent in you dont like our hearing i can come back for other try for those arraigns that dph asks to you uphold the final permit to operate a medical cannabis dispensary to the permit holder in this matter. Thank you commissioner fung the Zoning Administrator would like to address the board. Mr. Teague. I have a question for him anyway welcome mr. Teague. Good evening covering for Planning Department staff briefly want to touch on the issue raised by the appellant that the information provided by mr. Sanchez at the prior hearing was incorrect or misleading i was not at the hearing he looked at the video of the hearing the appellant quotes the standards that are outlined in other is cities and owners not the standards that are outlined in our ordinance in fact, our ordinance in section 178 plus provides absolutely no standard or metric for measuring intensification enlargement what necessitated the interpretation that exists in you can show on the overhead as you can see in the highlighted it states in the interpretation that the term significantly is not defined in the node code and subject to the interpretation it calls auto the types of garrett and the intensification that are significant and the specific types of enlargements not since here in question about the garrett being less than 5 hundred square feet or 25 percent it is around intensification the only teaches dissension indication from a 47 to 48 your switching from a restauranteur to a bar so this interpretation is basically saying if you change our land use to a different one that is intensification the appellant did provide one example although they exclaim many examples one restaurant that got a new cu because of intensification ill point out that projectile was no dissension indication of an existing use can i have the overhead, please . Was that barker and banker. It was barker and banker if we can see that says that cu to allow a selfservice specially use for on existing special i didnt use under the project description the project sponsor says in in addition to the restaurant use in the Zoning District it is in and of itself requires a conditional use authorization so in this example this is not an intensification of an existing use it is establishing a second land use on the site this requires a cu in and of itself. Theyre not there anymore and perhaps not. Im available to answer any questions you may have. Thank you for clearing that up. Thank you if we can see a show of hands of how many people wish like to speak. Under Public Comment if you havent got a speaker card and give me to the gentleman that would be helpful in the preparation of the minutes and line up on the far side of the room the first person come up to speak first speaker please come. Dont be shy madam director two minutes. Okay. Welcome. Good evening so thank you, again, for allowing us to speak about that issue one more time daniel im requesting this be heard the last year we had didnt show all the facts we have more information after the ruling that was put fort by this board spark the goad standard of mcd that is never violated violated the rule and opened their doors for operation percentage against the rules of the board of appeals and know like we do you have to wait 10 days before they can do anything whether grand or not granted not the first time theyve violated they did it in july they were wander like the board staff like after this hearing so again, i ask this board the first rehearing be great we can get the community here to get the families, and the children who are effected by this ruling here 5 oclock is great if we have the hearing then the first time around but again, i would love to see this struck down because of their violation of this board ruling and then to the Health Department who upon request about their violation said they were not going to cite them for those violations so again, i question the Health Department, multiple times and their goad standard for operating an mcd without the board. Thank you next speaker, please. State your name for the record. Bryan brooks. Thank you. Next speaker. Hello excuse me my name is nationally im asking you to rehear this i submitted something a plea grant that shows in addition to the audio that was not available someone at the city level promised a second meeting and memos coming from the head of that department stailt the second meeting would be would get this is opposite of what we were told joining i did not know that would be coming into play two departments saying opposite things more importantly weve heard from the City Attorney she was worried about a precedent im worried about a precedent of an entire community over and over has not been allowed to process that is a much bigger precedent to me i hope you agree. Thank you. Next speaker, please. My name is suzy osborn and again, i want to reiterate that dr said he was issuing a permit multiple times not temporary or a group left the meeting having been told a per visional permit with no followup and they opened not once but twice on told theyre not lout allowed to open they did it again twice and they bring people to the meetings on a big party bus we cant afford one we say your voices are not heard a small group of merchant, we just really feel like our voices are not heard in this situation and been deceived and railroaded and were not getting a fair shake and you know again, while they were open on a permit that was not valid a child came in i showed speak picture last time in you remember the police for some reason didnt have a record of that thats odd we have a picture of it we have a camera shop someone took a photo i really want to reiterate our Community Feels this is a gentrifier well lose our shops thank you very much. Thank you. Next speaker, please. My name is johnny so first there was a department hearing he was in line to speak at and people whos voices should have been heard the boys and girls club were waiting to speak we were told well get another chance with the Health Department and a Planning Department hearing at which we were told like the floor plans this is not the proper stage to voice your concerns of the gentrification to none licensed and last time at the hearing it was basically just like, yeah those things should have been heard and the second hearings shouldnt be scald so how do we know that is the case most of peoples voices were not heard and the proper forum. Next speaker, please. Good evening my name is deive been living on the front of hate street for 16 years with my now 15 and 17 yearold children i live across the street from the location im a cofounder of the lower hate Merchant Association last time hello commissioner fung to deny a permit which was a medical cannabis dispensary or mcd we as a neighborhood along with the police were opposed to this facility that was security stabbing patients and patients selling machinery to nonmarijuana patients outside of mcd you denied this i tell you this history to explain i and the Neighborhoods Association came to oppose spark we were very opposed at the beginning with many meetings first to the board to assess what the problems might be and looked at the neighborhood of mcd are less safe or get satisfactory we built a memorandum of understanding to take care of are concerns and started the projects it includes codes of conduct to audio to the safety of our neighborhood and add cameras and share those cameras with police and keep smoking away from the building we did this to hold the business accountable and the first to go after them i cant guarantee this business will be great but guarantee done what we think is remarkable to give the business a shot between the neighborhood and now we super no neighbors our goal to hold the business accountable and be reasonable merchant and neighbors for this reason we ask you not renew this hearing. Thank you. Next speaker, please. Caseload. Offend please thank you. Hi, im ryan a proud Business Owner in San Francisco and happen to live on a block up from the mrs. In question ive lived there 10 years we need this location right now theres no foot traffic on the street every restaurant is closing and changing every 3 months id like to share two flyers on november, 2021 and the 8th of august 2016 on the top one that is showing a little bit of a clip what the places would look like we went over the intensification of use and had spark explain the nice changes to the building to keep up that the Planning Department needs every person in opposition today no reason those people should be wasted our time to hear something already heard their abusing the appeal system weve seen spark through every single hoop possible including the lower hate association that is very intense id like to say theyve done everything in their power to demonstrate good conduct and ask you see the new appeal and yeah. Lets get them into the neighborhood. Item seeing none, Public Comment is closed. Commissioners, the matter is submitted. I have a question for the project sponsor. Mr. Sunny. A been raised that the mcd has been in violation of time periods related to being closed versus allowing the appeals to run their course. Right. ; is that correct. Right i understand the allegations and they were not violations not to be lawyer about that but talking about the first incidents when the original what was called provisional or temporary permits was issued and it was made clear to spark they could operate under the permit and then the department of health that realized that was an error and asked them to stop operating they the immediately, the second one over the hearing before you i didnt know anything