>> the meeting is called to order. >> [roll call]

item two. approval of minutes from the mark 22 meeting. >> so moved. all in favor? >> item 3, public comment on executive session. item four. executive session. >> so moved. all in favor? >> aye. >> conference with legal counsel >> conference with legal counsel regarding existing litigation >> i would like to move that we reconvene in open session and not disclose any of the items discussed in closed session.

all in favor? any opposed? >> please be advised the ringing and use of cell phones, pagers, and similar sound-producing electronic devices are prohibited at this meeting. the chair may order the removal from the meeting room any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic device. please be advised that a member of the public has up to three minutes to make pertinent public comments on each agenda item unless the port commission adopts a shorter put on any item. item seven a. executive director's report. >> good afternoon. we have a long but exciting executive director's report today. the first is the tremendously great news that salmon season officially opened for the first time in three years on may 1.

it says april 2, but that was the day of the celebration of the salmon coming back. it has been three years since the commercial fishermen have been able to fish. this will be the opening day. the salmon fishing area goes from the bay to the mexico border. this will end in september or october. we are looking forward to a robust season. as you know, that had been canceled 2008 through 2010. our fishermen have been amazingly strong staying in there. so we are especially excited about that. i have to read this one tagline. expect to see wild salmon on port restaurants this summer. last saturday, april 9, san francisco heritage held a soiree

in commemoration of the 40th anniversary. we were proud to ablprovide the cruise terminal, the location for the soiree. we want to thank them for the support of the program. we were represented by mark and curracorrine. they were also able to celebrate the port city of san francisco. we are amazingly proud of all of their successes and contributions to our very own waterfront. we are so glad to be considered partners with them. on may 25, at pier 1, the heritage executive director and michael corbitt will come to the

port for a brown bag lunch to present the book. we have the book available for sale and autographing. that will be open to commissioners, cac members, tenants, and anybody else. that will be made 25 at 12 noon in the conference room. to date, heritage has given presentations of the port city to the california historical society, american institute of architects. the next presentation is may 11. it is being well received and i have people ask me all the time if they can find a book on amazon. you cannot, as far as i am aware, but you can find it in books around the city.

on march 23 of this year, the san francisco business times held their annual best deals of the year award. i have not seen a time when so many poor partner recognized. i thought it deserved special recognition to call on all of them today. first and foremost, the winner of the deal was the city effort, which i include the port, for winning the bid of the america's cup 2013. we are proud of that accomplishment. the real-estate deal maker of the year was michael cohen, who you recall was the director of the office of economic and workforce development. among the many accomplishments they cited, several were here at the port, including the exploratorium, treasure island, hunters point, and his help with the america's cup bid.

the exploratorium project was a finalist for the best private- public deal of the year. we are happy for the recognition and congratulate our partners. the pier 24 pilara collection was a finalist for best rehabilitation/renovation deal of the year. it is a tremendous base. and lafitte restaurant was named the best new restaurant in san francisco. we want to thank our partners and hope to do better next year. the earth day, april 22, is coming right up. the port has already teamed up with several entities, the neighborhood parks council, blue-green way, see scavenger, audubon society, kayaks and limited, department of public works, who leaves the city's efforts on earth day to conduct

several happenings. two have already happened. on april 9, led by the golden gate audubon society, a group performed invasive plant removal, kleenex, and more planting. the second group did short cleanup along the indian bay shoreline. this coming april 16, there will be an event at august the park. two of the following saturday, one at warm water co, from 9:00 until 12:00, and then another at sligo creek. for more information, you can see corrine or go to the port for neighborhood council website. i am certain the department of public works website has that. more happy news.

disney cruise line will make its first ever call to san francisco at the end of the month. they will be arriving on april 29, coming in from los angeles, staying overnight for a two-day visit, departing for victoria, canada. last week, i think i mentioned at the last commission meeting we were expecting the announced new disney port call. there will be one in may, three in september, two in october. very excited about that. it will arrive in two weeks' time at pier 35. the ship is not out of 36 feet with approximately 2700 getuest. those people will be here for a few days, so you may see some disney characters around. there will be six new overnight

calls. that is good news for us. finally, we are going to give you a formal presentation at the may 10 port commission meeting on the downtown san francisco terminal expansion project. we wanted to make sure you were aware that work on that is proceeding. as you recall, that is a joint planning effort between the water mercer transportation authority and the port of san francisco to expand ferry service from the downtown ferry terminal and also implement public improvements. water for emergency transit board authority met last week. they made a presentation. that is in the public domain. we will be coming back on may 10. the eir will be getting kicked off shortly. so there will be a public scoping meeting here at the port on april 26, for anybody

interested in being involved in that eir process. information can be located on the port and water mercy transit authority's web sites. i believe there are some fliers on the front table here. that concludes my report. >> thank you. wonderful news. i have a speaker card for item seven. i am not sure if it is the executive director's report or item b. >> my name is francisco decosta. first and foremost, let me inform commissioner crowley that i was at the san francisco public utilities commission meeting and they send their regards. we miss you over there. having said that, i used to come regularly to this meeting but there is so much happening at city hall, that you cannot be

everywhere. i am here to state categorically that the 7.5 miles that you commissioner's control of his public trust land. you heard a lot in the director's report about the salmon, cruise lines coming here, america's cup, and that is all fine. public trust land means all californians have a stake in what happens. so, if you read the law, you clearly know that apart from the bay area and san francisco, meaningful outreach has to be done. one of the ways we can do that is by providing access to the

dvd of this take deliberation. when i go into the neighborhoods, people do not know much and some do not know anything about what is happening over here. the good thing is, there are some of you who have been at city hall, some of you have had the occasion to meet the constituency that you know very well, that if you do not do that out reach, it will come back to haunt you. now, your director, we have a very good relationship. i know she is always looking for accountability and transparency, and that is fine. and i am here to state, that is one thing which is linked to

the director's report every time. do you really follow the public trust act? if you represent -- do good representation to the constituents, do you do meaningful out -- and the liberation? thank you. -- out reach and deliberation? thank you. >> is there any other public comment? >> item 70. request approval to execute a memorandum of agreement with the san francisco conversation -- bay conservation and development commission for staffing costs associated with the port of san francisco's proposed amendment to the bcdc special area plan for the san francisco waterfront for the proposed peer 27 cruise terminal and the 34th america's cup. >> commissioners, special

projects manager of the port. i am here to talk to you about the bay composition -- a conservation and development commission special area plan for the san francisco waterfront as it pertains to the proposed cruise terminal at pier 27 and a portion of the america's cup project. sorry about the delay. i want to give you a high level summary of the special area

plan for the san francisco waterfront. for a long time, bcdc maintained a plan for the waterfront called the total design plan. it was a very prescriptive plan about what could happen at individual locations at the waterfront and did not provide a lot of flexibility needed to rehabilitate the port's finger piers and basically redevelop the city's waterfront. at around the time the port was finalizing its waterfront land use plan, the port director at the time, executive director of bcdc entered into an agreement to change plans for the waterfront. the result of that effort was the special area plan. essentially, what it did was provide a plan level approach to achieve bcdc's policy goals for

the waterfront, creating new plazas, open water basins for the waterfront, a way to rehabilitate the historic figure appenger piers, and provide accs to the waterfront. that success allows access to various buildings to go forward. generally, bcdc has a broad ownership of the waterfront. in the open water areas, they are responsible for phil, public access to the day, any new docks or pile-supported structures, gooding activity, open water activities, changes in use and any construction remodeling or repair of the structure.

pretty much anything significant that the board does require the permission from bcdc. with respect to the cruise terminal, i am going to get into some of the major public benefits that the court agreed would be provided to the pier 27 location. in essence, the project changes how we need to approach the public benefit package. we are here today to seek your approval for a negotiated agreement with bcdc to amend their cost plans. now i want to get into what their plans call for within the pier 27 plan. you can see on the map smaltite -- i apologize to the public for

that. north of the ferry building at piers 19 through29, bcdc called for the following major public benefits. one, for the front portion of the pier 27 shed along the embarcadero to be removed to make room for something called the northeast wharf plaza, a two-acre waterfront park, and open water basin, which is generally defined as an area where the public can view the water without major disruption between piers 19 and 27, and the removal of half of the pier 23 shed. that is a contributing resources to the embarcadero historic district. the purpose of those combined benefits was to provide the

public with an area -- the northeast or if plaza -- where they could appreciate the day, have a fairly and unobstructed views. the idea about removing the pier 23 shed was really to provide great views of the bay bridge. the uses that were envisioned for this site in the special area plan, waterfront land use plan at the time, for pier 27 through 31 complex, mixed use, and at the other, birthing. the most of corporate location for crews birthing along the waterfront. we have consulted with bcdc about how that cruise terminal

project relates to the proposed benefits. certainly, the cruise terminal team has done an excellent job of trying to incorporate the vision of the northeast north plaza into the design of the cruise terminal but our initial consultation has given us the impression that bcdc staff views the cruise activity as impacting the park and diminishing the value of the open water basin. additionally, a major project at piers 27 through 31 triggers this requirement to move the back half of pier 23. now that we understand that resource, we understand it much better in 2000, when it clear it was negotiated. that would be a significant impact to the historic resource. the pier is in good shape. it would be in the port's business interests to maintain that.

in anticipation of this, in consultation with the cruise terminal team, bcdc staff, we started to do early out reach to the port's waterfront constituents to try to figure out a different way of delivering similar public benefits to the waterfront, a great part spaces, new open water basins, with the mind of being able to build a cruise terminal and preserve. 23. now i would like to -- preserve pier 23. now i would like to switch to a slide that shows what it may look like after it is built. with the america's cup proposal, now the proposal is not just to remove the front portion of pier 27, but also their rear section that intersects with 29.

we think we can negotiate with bcdc to create new plazas, not only where the new wharf park is planned, but on the end of 27 and 29, new views of the day. that could replace the shed removal at pier 23. we are going to have to do more consultation with our waterfront stakeholders and with bcdc staff to figure out the right formula for figuring out the amended plan. finally, there is one component of the amendment that does not pertain to this part of the waterfront. the america's cup is envisioning the use of piers 32 through 36 water basin for the mooring of catamarans.

that plan is also an open water basin design for passive enjoyment of the bay. bcdc has told us that we would need a temporary agreement to use that water. the proposal today is for the port commission to authorize support staff to enter into a cost reimbursement agreement with bcdc staff to negotiate these changes and process the port's amendment to this special area plan. the proposed cost of that staffing is $100,000. that includes a $20,000 contingency. we would envision that this plan amendment would be studied under the joint ceqa for the cruise terminal and america's cup and it would take about a year to complete. it is a very time-consuming process. that concludes my presentation. available to answer any question

that you may have. >> thank you. so moved. is there any public comment? commissioners? all in favor? any proposed? resolution a 11-23 has been approved. >> items from the consent calendar, at eight a,request authorization to amend contract with langan engineering and environmental services, inc. to provide additional environmental investigation and related consulting services for the pier 70 master plan area, and to increase the contract amount by $387,697 (or 22.5%) to $1,719,969, with no change to contract term. b, request authorization to award construction contracts to 77, pier 43 day trailing project, to more text for reconstruction in the amount of $6,383,000 and to create a

contract contingency fund of 10% for the contract amount for an unanticipated contingency. request authorization to execute an amendment to the design and engineering services contract with gerwick for the pier 43 bay drilling projects increasing the contract amount by the sum of 106,009 and $45 to 853,004 and $28, and for a contract contingency fund of 10% of the remaining contract amount of $107,700. request authorization to award construction contracts 2741, marine structural projects, to west bay builders inc., in an amount not to exceed $1,325,000 and authorization for a 10% contingency fund of $132,500. request approval a resolution of door -- of the ras support

executive director to execute error by a memorandum of understanding with the comptroller of the and city and city of san francisco to reimburse support for revenue lost during the hosting but 34 of america's cup. >> so moved. is there any public comment? commissioners? all in favor? >> resolution 11-16, 17, 18, 19, and 20 have been approved. >> item 9a. request approval to were the pier 7 the waterfront site doubled an opportunity to force city development california inc. and to enter into exclusive negotiations for a reasonable agreement of 25 acres to achieve the objectives specified in the board's august 30, 2010 development solicitation for the site. >> good afternoon,

commissioners. i am the project manager on the pier 70 effort. today is an accomplishment on a series of planning and work and efforts that have been going on at the port since before i was here. we are here to ask your approval to award the development opportunity for a portion of the pier 70 site to forced city development. i want to step back and walk through the context of this and where we came to it. pier 70 is the area we are showing on the map. it is almost 70 acres. from 18th street to mariposa, illinois to the water. it includes our working ship repair yard. it includes an amazing collection of historic buildings dating back to 1880. it is really a place that created an amazing amount of industrial history in san

francisco, and we do not really think of san francisco have in that industry now. what the court did was initiated community planning process to come up with ways to recreate this site. through thatthrough that procesd a balance between princess a patient, creating parks, and ship repair, attempting to do it in a way that is environmentally and financially sustainable. as we move forward, we realize there's more here than one entity could swallow as one development opportunity. so, we offered the southeast corner, the waterfront site, the southeast portion -- which is predominantly asphalt, we think we could build a substantial amount of new development and it would be the economic engine to bring th