office of this ability to share with the committee. supervisor chu: why don't we take first the amendment of adding in the $15,000? there it is, and motion to accept the recommendation to add the additional amount to the item, and also to put that on budget and finance reserved. we have a motion to continue the item for one week. that will be without objection. [gavel] why don't we go to item seven now? >> item 7, ordinance approving a waiver of the competitive bidding and solicitation requirements of chapter 6 and chapter 21 of the administrative code for a contract with environmental science associates for california environmental quality act review of the 34th america's cup event and coordinating in developing some

medals for associated federal and state permits. supervisor chu: thank you very much. there has been from supervisor mirkarimi request to get additional information about the america's cup and the final financial conditions. it is not that item. we plan to hold a meeting later this month on that issue when the analyst has had time to review some of that information. today's peace is really dealing with the environmental study component of it, primarily one of the issues that we are facing on the quick timeline to complete our environmental report and analysis. i believe we have bred to present. -- we have brad to present. >> sure persons, brad benson. thank you for hearing this item. i am co-presenting with edgar lopez from the management bureau

at the department of public works. we will be splitting a brief presentation on this item. as you know, the hosting of the new agreement between the city and county of san francisco and the america's cup event authority, along with san francisco america's cup organizing committee, was signed in december 31. it set forth a number of time lines for being able to deliver the 34th america's cup in 2013. the key date we are here to talk about today is that we are on track to deliver compliance with the california environmental quality act in 2011. the ceqa study work that we

envision over the course of the next year is going to look at the impacts associated with all of the visitors who would come to san francisco to watch the events, and and all of the different locations where they will go to view the race on the bay, as well as construction activities for improving port property that are needed to be undertaken in 2012 in order to be ready for the 2013 event. it is quite a large amount of analysis. it is also a forum for public participation in the design of the event. we will talk about that a little later. the timeline to undertake a secret document like this in san francisco is 18 to 24 months. we are trying to accomplish a lot in about half the time. the proposal before you today would waive the competitive bidding requirements associated

with professional services contract in to support the ceqa work. it would allow the city through the port to enter into a contract with esa, environmental sciences associates, to conduct this work. the reasons for that request to raid the competitive bidding requirement do have to do with the ceqa timeline. the normal time to bid professional services contracts like this is 5 to 7 months. our goal is to have a draft environmental impact report for public consideration in the summer of this year. the competitive bidding timeline does not quite work. we also -- fortunately, the city recently bid ceqa consultants' services for the

cruise terminal project at pier 27. that cruise terminal building will be a key focal point of the america's cup event as part of the america's cup village. we already conducted a solicitation process consistent with the administrative code. we will talk a little bit about that process. we think there are additional cost savings associated with combining the work associated with the america's cup and the pier 27 cruise terminal. both analyses will rely on underlying studies that should be performed once, looking at both projects together from a cumulative impact perspective. there are potential savings of up to several hundred thousand dollars associated with that combining of the work.

in addition, the ordinance would permit state and federal permiting to be folded into this scope of work. port and the city will have to do outreach for a variety of agencies that have purview over the bay. army corps of engineers, noah, the regional quality control board, through this process, they will make sure we are using best practices to approach any construction activities and that we are avoiding any significant impact. with that, i would like to offer edgar to talk about the competitive selection process that was undertaken. we are both available to answer any questions you may have. thank you. >> good morning, supervisors. edgar lopez. on april of last year, dtw

issued a competitive solicitation for professional services for firms that could complete an environmental impact report for the terminal project at pier 27. four firms applied and submitted qualifications. we establish a selection panel that reviewed written proposals and conducted interviews. at the end of that process, esa was deemed the most qualified firm. after that, we began contract negotiations for those services. it is worth noting that it is a san francisco-based firm. there are 300 employees. over half of the staff are residents. the rfq had a subtracting goal of 15% established. they doubled the participation

request, up to 30%. there was clear criteria established for getting people with local experience, maritime. esa offered the local experience. they completed a waterfront eir. also, the san francisco marina eir. the firm is highly qualified. they have a depth of skills and knowledge to meet the city's addressed scheduled to meet the eir by the end of this year. if you have other questions, i would be happy to answer them. supervisor chu: thank you. supervisor mirkarimi? supervisor mirkarimi: mr. benson, thank you for being here.

it really has to be, for extraordinary reasons, we elect to waive against the process of competitive bidding for of this contract. i would like you to expound just a little bit more. i think that the pursuit of us making sure we have our ducks lined up on ceqa is companion to the notion that the city and this event has to be in full ceqa compliance. there can be no mess up in timeline. there can be no mess up in teaching the process so the net effect is san francisco and america's cup is in full compliance. it is a big role of the dice, one that i co-sponsored and am willing to make happen, but i want to hear more about the fact that we're not just gambling on this idea that san francisco along the way, because we sold-

sourced, somehow we decide we have to cut corners. i want to hear more on that. >> sure. i think that our recommendation to the committee -- and i thank you for your cosponsor ship on this ordinance -- is that getting the city ceqa and permiting team on board now, we will be able to do robust analysis that i know that you and others have been looking to make sure that the city is thinking through all of the potential impacts. as edgar mentioned, we did go through this competitive selection process. we found esa of the respondents the most qualified because they have done analysis of the waterfront land use plan. they have done marina analysis.

they completed the problematic eir review for the water system improvement project for the public utilities commission. they have a kind of experience needed to look at what we are most concerned about, in-water construction activity and how the transportation impacts are, and how people are congregating in sensitive park areas. esa has that experience. we are expanding the city staff side of the equation as well. it is not going to be a consultant-driven effort. we have been looking to our sister agency at the puc. there are qualified staff working on the permiting for the list of projects. they're coming on board to oversee this effort. by avoiding the additional five months -- that is a best case

scenario for being able to start fresh and bid a new the america's cup ceqa work -- we are able to hit the ground running now. the goal is to finalize what is called the first step in the process, the project description. regular meetings with port and city staff and the america's cup event authority and race management to develop a detailed project description describing all the activities on the different areas along the waterfront and the parks, and estimating the number of people that would be using those areas, thinking through all the construction activities, and the goal would be very shortly to publish that project description as something called an n.o.p., a notice of preparation of an

environmental impact report. that will happen in february as we meet the current timeline. following the notice of preparation, there will be public scoping meetings. this goes to your point, supervisor mirkarimi. we have such great public interest in the america's cup. there's concern that we go about its the right way. supervisor mirkarimi: on that point, relative to us shortening the solicitation for contract by four or five months, in my opinion, only then that adds more challenge and pressure on the city to do everything just right environmentally. that is why i framed my earlier remarks. i don't want us to roll the dice and be wrong. this is about so much more than san francisco and an event.

i traveled to sacramento last saturday to speak to the planning conservation leak in the state conference. there were hundreds there to talk about the america's cup process. they see this -- it is interesting to hear the perspective of environmental leaders and elected officials who affiliate intimately with the environmental community from california. they see this event in san francisco as a one and only kind of the event that they want to assign a brand, maybe this will be, a kind of dream event. carbon neutral, perhaps carbon negative, perhaps a zero waste, something they would love to have the super bowl subscribed to, or the olympics, or world

cup soccer. that level of thinking is not really mainstream. it really does not happen. they have elevated the expectation that san francisco will put that kind of caliber of green credential into this event. i responded to them that the ceqa process is going to require groups like psl to be right at the table with us, holding us and obligating the city and the organizers that much more responsible, or else, it will just be another gimmicky, novelty kind of thing. in this day and age, people like to pitch it has green, but in reality, it is not that green. this might seem a little pro forma in trying to exempt from

the contracting process on the front end. on the back end, 12 months later when ceqa is divulging what is on this on the review, so much is more at stake. i want to make sure we'll load up on that expectation in this conversation now. >> we hear that message loud and clear. we appreciate being able to work with you during the drafting of the hosting venue agreement on coming up with additional specific plans that are going to ride along with ceqa, the transportation plan, how are we going to handle up to 500,000 people, getting them to and from the locations they are going to? it can't be cars. the embarcadero does not have

the capacity to move people by that load. it will have to be pedestrian activity and transit service. the waste management plan that you called for in the agreement is going to get to, how was the city trying to meet its natural diversion goals. when people are congregating in sensitive areas like the parks, how are we not impacting habitat? we do have a good way of handling the waste that crowds would generate through those activities. we understand the expectations are high. if we are seeking flexibility now on the other end, we will have to deliver something that is a truly clean and sustainable event. supervisor mirkarimi: thank you. supervisor chu: a quick follow-

up question. the cruise ship terminal, there was an environmental study for that. >> that is right. supervisor chu: help me understand, with the terminal and the america's cup bid, given the intersecting locations, it makes sense that they have to go together, simply because they would be similar events occurring with mutual impact on each other. >> yes. two activities happening at the same location. you would want to do a cumulative impact analysis under ceqa, really looking at polls and how they work together. supervisor chu: does that mean that if we went out for a separate bid, the cruise ship terminal would have had to consider the america's cup anyway, and the america's cup would still have to consider the development work at the cruise ship terminal? >> that is correct.

we think it is a much more organized process to have one prime consultant managing to look at those impact rather than two different consultants, potentially with different datasets they are trying to reconcile. supervisor chu: you mentioned what the internal timeline was in terms of getting environmental draft support out was. the reason why you did not elaborate was because as part of the agreement, we agreed we would have to complete the environmental process by a certain time, otherwise the agreement could be backed out. is that correct? >> that is correct. the city is obligated to complete the review in 2011. to hit that timeline, we think we have to have this public scoping meeting in february. it would be very nice to have the environmental consultants reviewing the project description and participating

in the scoping meetings to listen to what the public is saying and be publishing a draft eir in the summer so that we can have the public comment and participation period that ceqa of ford's before deadlines. supervisor chu: thank you. supervisor kim: normally, i would feel very uncomfortable raising a competitive process for such a huge event that we will be hosting here in san francisco. it is fortunate we went through a process recently in the same area. i just wanted to clarify. some of it has already been asked. i want to clarify again. so, this esa, its main offices housed in san francisco? >> correct. supervisor kim: the bulk of employees were cure. how did you know half of the

employees reside in san francisco? >> it is information we asked. supervisor kim: that his information they give in the bid process. were they the lowest bidder? i & they were the most qualified. >> i will let edgar discuss that. >> for professional services, we do not ask for that. we asked the most qualified in the negotiate. supervisor kim: the price is not part of the bidding process. >> correct. supervisor kim: city staff will require that the amendments meet the enterprise goals. what will that requirement be? >> right now, it is that they meet 16%. the team they assemble are, right now, 30%. when we make amendments, we will

ask they exceed the 15%. we have not amended the contract yet. they have committed to maintaining 30% participation. supervisor kim: when you say you will require 15%, you are not setting another goal. >> the consultant has made a commitment to maintain a 30%. there is so much of the services and details that need to be worked out. we will be putting that in. supervisor kim: just a clarifying question again -- i think this was already addressed. the ceqa analysis and public participation process have not yet begun for pier 27. >> correct. supervisor kim: all of this is going to be done blended together. there is no separate processes. >> correct. supervisor kim: ok. thank you very much. supervisor chu: thank you. why don't we open this up for

public comment? are there members of the public who wish to comment on item number 7? >> thank you. i'm dennis mackenzie. i am in support of this waiver. the environment is pretty critical at this stage. i provided this body with my proposal for a number of years. i want to take this opportunity to share that this is a good example of why my proposal for the marine science academy as a part of this project -- this entire entitlement process is an inherent educational opportunity for kids. i teach high schoolers and have a consulting practice.

kids in the schools have a separate reality in classrooms. their understanding of the real world and what the classroom work means to them is very abstract. i am asking this body once again to consider working together to create a marine science academy project where high school and college students can be involved in the step-by-step process that is necessary part? -- for public and private agencies to cooperate. there are no separate, isolated entities. there is financial support from the public. the students also have a very great need to be introduced to the public service jobs that this body holds, as well as other agencies. it would be a tremendous incentive for these kids. thank you very much. supervisor chu: thank you.

are there other members of the public who wish to comment on item number 7? >> good morning, commissioners. i am sitting here and i am listening to the possibility of san francisco hosting the america's cup. i want to expound on the gentleman who just spoke before. he was making references and talking about the kids in terms of different things that will be involved with the hosting of this cup. the other thing i am concerned about, the gentleman making the presentation with the amendments and this kind of review, i hope that -- with the involvement of the kids, trafficking issues have been dealt with.

one of the things i'm really concerned about upon reading, we know that to the super bowl is coming up this weekend. dallas has done a full-out, major educational -- to the residence and the overall to the dallas community regarding these events and these kinds of events that draw many people from many different places, to be aware, to be concerned, to be educated regarding the human trafficing issues that are involved with our young kids for the sale of sex. i hope all of this is taken into account with the possibility of posting the america's cup. supervisor chu: thank you. are there other members of the public who wish to comment? >> good morning.

as a general rule, i don't think you should give any waivers on competitive bidding. as you know, there will be a dwindling general reserve this year. you should have all contracts out for competitive bidding. thank you. supervisor chu: thank you. are there other members of the public who wish to comment? public comment is closed. thank you very much for the presentations. i am willing to support this item. i do think we need to be cognizant of when we allow for waivers to exist for competitive bidding. given the tight time lines required for the america's cup, given the fact we did have a recent competitive bid for the agency did win and there is a clear connection to the two, i am willing to be supportive of this item.

supervisor mirkarimi? supervisor mirkarimi: something that was not mentioned, but i think it would be a good time to refer to it, it was when in the earlier process of san francisco vying to host the america's cup that there had been contemplation by people not in this room that wanted to seek a state exemption for the environmental review. that was alarming. that had motivated and number of folks, me included, from around the state', from the land use community, who funneled into the conversation in san francisco. what a mistake that would have been if we did not pursue that route. then, it would have lost all

credibility in the discussion that we are attempting to have here about making sure we are in compliance with ceqa, and doing something really meaningful in a green way with this event. if there is any value in our chronology so far, it is a good start. the fact that we were able to have sound minds emerge in making sure that that effort was heading us toward sacramento was pre-empted to not do that, it makes me feel a little bit better about the place we are in right now, although i don't like the fact we are giving exemptions. in this particular case, as i said earlier, it is the end product that is going to have to double up and compensate for what we are doing in this particular way. supervisor chu: thank you. do we have a motion to