trail that's needed fixing in three quarters of our city's park that's don't have natural areas were excluded from consideration for this money n case after case, nap took bonged money for trail restoration and used it to do a whole lot more than that, tearing out existing habitat not close to trails and replacing it with new, often butterfly habitat. seems as though they're using bond money to implement essentially they're general management plan even though the e.i.r. has not been finalized for the plan. people opposed to nap's plans to cut down healthy trees and use repeatedly use nasty herbicides and close access to large sections of parks are worried nap will take the money from the forestry and restoration pots in the 2012 bond and use that money to further its increasingly unpopular plans. at recent public meetings about the bond, people have said they will not support the bond if any money in it goes to nap. i urge you to talk to the mayor, rec and park and supervisors and tell them to include language

specifically excluding nap from access to any bond money. with that language added, opposition will largely evaporate. without that language i'm concerned enough people will vote against the bond that it won't pass and otherwise worthy projects including those for the port will remain unfunded. why risk it? please include language in the bond that insures no money from it can be used for nap. thank you. >> we have one other public comment. >> i have very little to add to what sal question had. i'm a member of the public that's here to voice concern about the bond including funding for nap. if you look at the 2004 survey that the park and rec did, the trails are one of the most important facilities for people. and that's w45 -- what the natural area will many pact. it's concerning to be going to the parks and seeing trees and natural habitat cut down as well

as escalating use of herbicides in the parks. so i expect over the next four to six months because it's coming back for approval there's going to be an increasing public awareness and i personally it's like i support the bond and i would hate for this to be something that would be december tramental to the pass -- detrimental to the passing of it. >> thank you. >> is there any other public comment? questions? comments? >> i would like to make one comment with respect to the concerns about herbicides and point out if you're not aware of it -- >> excuse me. if we're going to have discussion, this would need to be withdrawn from the consent calendar by motion. >> i just wanted to make a comment as opposed to discussion if that's -- >> it should be withdrawn from the concept calendar by motion and then the commissioners can comment and discuss the item. >> i move to withdraw the item

from the consent calendar. >> second. >> all in favor. >> aye. >> aye. >> thank you. i just wanted to point out that the city has passed legislation and has a preferred plan pesticide -- pesticide reduction. so to the extent that not addressing some of the merits of the issues you raised but both of you pointed out herbicides are being used and city has requirements to use the least toxic option available. and that was legislation that was passed pre2000. so that was something that should be focused on to ensure if herbicides are being used, if that needs to be highlights and better alternatives are available. but thank you for bringing this matter to our attention. >> any further discussion? if not, can i have a motion back to approve this resolution? >> so moved.

>> second. >> all in favor? >> aye. >> thank you. >> item 9-a, request adops of california environmental quality act findings including a statement of overriding considerations and mitigation monitoring program be release the decision agreement with america's authority for the 34th america's cup project involving use of peers 30, 32, 9 south apron, 19, 19 1/2, 23, 27, 29 and 29 1/2 and adjacent water areas. peer 45 roof phase, brandon street wharf. areas between peer 32 south and peer 36 and along peer 14 north all located along the embarcadero waterfront and peer 80 located along the north side east of illinois street. request approval of at least the position agreement for the 34th america's cup project involving

each venue and form of venue lease. >> commissioners, brad benson, special projects manager. i'm here representing a very large port and city team that's been working on this project from about summer of 2010. feels a little like deja vu. i think we were here on this action in december. but we're happy to bring to the commission the last set of major discretionary approvals associated with the 34th america's cup. and it's rolely been i think an extraordinary body of work that has led to today. and at the end of the presentation i will invite mike martin, america's cup project director, to come and address a commission about a few items that are city related and there

are a lot of folks not city staff in the audience today who have been critical to the effort and i will point them out as well. so as i was thinking about the policy context for the actions today, i ran across a line in some state legislation that is on the lead finding in some of the state legislation we pursue for the court and i thought it was a good quote. the san francisco waterfront is a valuable public trust asset of the state that provides special maritime navigational recreational, culture and historical benefits to the people of the region and the state. and if you think about that statement in the context of the america's cup project, the project is really hitting each one of those points our tick lated in that statement. i think it would be hard to find

a project that is more consistant with the port's public trust mission then the project before you today. so getting a little bit more specific about the policy context, we've referenced some of these items for you in december but san francisco bay has been known among sailors as a great place to race. winds, particularly certain times of year are fantastic. but i think america's cup offers an opportunity to make that better known across the globe. threw the work that we're doing to prepare the waterfront for the event, we're going to see pretty dramatic improvements to public access. make major improvements to the port's facilities including pierce 30, 32, which is near the end of its useful life. we have done a lot of work together with the department of

the environment and office of economic workforce development as well as event authority on race management on natural resource stewardship. we are also doing this for economic reasons. the ports, maritime and retail tenants will see a major uptick in business activities over the course of this year, racing events in 2012 and 2013. along with that we look forward to substantial new local employment. i think the thing nearest and dearest to our haferts has been the way this project has helped us move forward the cruise terminal project and get through a very complicates process and bcdc and other permitting process associated with that cruise terminal project. so the actions we're requesting of the commission today are to adopt, revise, seek findings and

mitigation monitoring and reporting program. that action would replace the action that you took in december along those lines. authorize the port director to enter into a lease disposition agreement for short-term use of venues for the america's cup. and then enter venue leases in a form consistant with the form of lease on file with the port commission secretary for these major location as long the waterfront, pierce 27 through 29 1/2 venue, 19 through 23. if needed, peer 9 south and pier 14 north for super yachts in 2013 and pier 9 subject to renegotiation with existing tenants. piers 30, 32 and pier 80. i will get into visual representation of what's going to happen at a few of the major locations later in the

presentation. the process as you know has been very inclusive. there's been robust public involvement both in seekia itself and through the involvement of implementation plans that mike martin's office led. there were a lot of changes made to the progress through the process which i think is a good indicator that sequa is doing its job to minimize environmental impacts. most recent changes to the seekia findings reflect the elimination of mitigation measures associated with long-term development since long-term development is no longer a part of the proposed action today. so specifically the lease disposition agreement specifies port obligations to improve port property for the event sets forth conditions for delivery of that property over a period of

time. if the commissioner approves the action we would hope to start transferring under venue licenses some properties as early as may 2012 and property returning to the port as late as march 15, 2014. mike martin will talk about some of the provision to protect the harbor fund and city's general fund. >> this slide shows about half of the work that the port is going to undertake to improve the waterfront, well known are the projects at pier 27, cruise terminal removing pier 36 and constructing brandon street wharf. you will hear later in today's calendar detailed discussion about improvements planned for 3032 to strengthen that pier and provide truck access to it. but we're making improvements

really on a waterfront wide basis. new apron at pier 19 south, in electrical service at pier 23 and removal of historic fill pier 64 to clean up the waterfront. and the port would also undertake dredging activities at a number of locations but mainly south of piers 30, 32 and brandon open water base sen. here's a heil-level sum are you of the some of the terms of the lease disposition agreement. we worked really hard to accommodate fleet week both in 2012 and 2013 to make sure that the navy can use piers 30, 32 for birthing purposes. we provided special provisions in five dates for 2012 and additional dates at 27 and 30,

32 subject to the port's approval. other provisions include port repair obligations, we have been doing a series of walk-threws of the port facilities with the event authority, identifying conditions that need to be improved not only for the event but will provide a long-term value to the port and port is obligated to pay up to $500,000 in repairs and working closely with the maintenance division to implement that repair plan. venues will be provided rent free. we plan phase delivery particularly of piers 27-29 site. we need to accommodate construction activities of the cruise terminal up through march of 2013. but we will be handing over parts of the site as turner is done with them. likewise, piers 30, 32, the goal

here is to phase construction activities at that site so that we can take a break in construction, accommodate the world series in 2012 at pearces 30, 32, start construction activities again and have 2013 event centered at that location. i mentioned already the form venue lease is on file with the port commission secretary. there are a few key points with respect to that. port staff is working with america's cup race management on a detailed environmental operations plan that will govern the activities on port property and that's subject to the port director's approval. so i would like to share with you maybe some images you have not seen before. these are result of detailed work by the event authority and race management with a variety of federal and local and state agencies.

first the race area for 2012 and 2013, this has been developed in consultation with the coast guard and will be permitted under special local regulation after nepa is completed. you see the footprint for 2012 is quite small and expanding in 2013 with provisions in yellow to provide for transit zones so port tenants and other vessels have a way to access the bay dwurg the race periods. this gives you an overview of the america's cup village site that is planned at piers 27 through 29. it will be center of public activity during the events. with storage and race management and television activities in the adjacent piers in 19 and 23.

you will see from the planned view this is going to be the focus area for crowds in 2013 with a temporary stage set up that could house up to 10,000 people for concerts. that could occur up to 40 times in 2013. there will be allot of activity throughout the year next year at this location. at 30-32, teamless have their teams industrial basins in tent-like structures with the crane on the face of 32 and morning locations south of pier 32. this is also going to be an attractive spot for the public. there's planned public access out onto the piers. so the public can really get in and see what's happening in these team bases. we've seen a great deal of public interest in this activity and other locations.

down at pier 80. pier 80 is a backup location for the team basis. if 3032 is not available, our -- i think our hope, hope of the teams and event authority is 30-32 is available and we're working to meet that schedule. that's a spin through the venue sites. i would like to provide a high-level summary of the financial analysis that port staff is going to get into further detail on later in the commission calendar. but just as a point of comparison with disposition and development agreement, under that former agreement, the event authority would have extended about $111 million to improve the waterfront both preand post match. here the port would spend $25 million is the estimate we're working with from proceeds

repaid by the rents that the port will retain over the long term. under the former long-term agreement the port was going to give up $3.9 million in rents on an ongoing basis and by getting -- being able to retain those rents, we have added deck capacity as elaine forbes will explain in more detail. so our recommendations are to approve the project, that would allow you to approve the lease disposition agreement and authorize the port executiver to epter that ageement. following that approve the form of venue lease. if commission takes actions there are additional permitting steps that are required and contracting steps that are required both through the port and some of the permitting agencies.

we expect we would be back in front of you to provide regular updates about what's happening over time and with that, i want to invite mike martin to come up and briefly talk about some of the acoc security issues, insurance issues to protect the harbor fund and general fund. thanks, mike. >> good afternoon, commissioners. mike martin, america's cup project director from the office of economic and workforce development. i definitely want to echo the words plaintiff benson that's been an extraordinary effort to get here and i think we're all pretty excited about what's taking shape as s a very exciting and extraordinary event here in san francisco. the specific things i want to come up and talk about a little bit do relate to the lease disposition agreement that's before you. there are a little bit sort of less directly port related but underscore what it's going to be

happening at the port. the first and most significant of these is the security relationship and this is something that was called on the host and venue agreement that was originally executed among the city, america's cup organizing committee of the nonprofit supporting the city's effort and america's cup event authority. nar agreement acoc would procure a bond or security instrument that would secure the performance of both the city and acoc to ensure the event comes forward. so that provided protection in two directions. first to the city's general fund and to the harbor fund because then our cournts parties can look to the security instrument and not those funs to get their recovery if there's something that goes wrong down the line. on the other hand, you know obviously, provides protection from the event authority so they can be be sure events will happen and take place. we're working now that we understand more about the specific, for example, specific infrastructure improvements that need to be made at piers 30, 32

and ongoing project pier 27 to 29 to work with security instrument and insurance underwriters to understand how we can buy a purchase a product in conjunction with the acoc that would actually secure performance such that if one of the other projects is delayed, we wibel to move, for example, the team basis to pier 80 without having to reach additional capital funds. in addition, we're also working with the acoc on an approach that would allow funds to be available for -- to support the city's operation requirements such as bringing security police, fire, e.m.s. or transit through muni to the events. again, trying to ensure a successful and exciting america's cup event. so those efforts are ongoing. i think your approval today allows us to move quickly with the insurance markets to bring that piece together. those things would then mesh with the insurance and indemnity provisions in the l.d.a. to create the security structure we're all looking for. our goal obviously to move as

quickly as we can. the other thing i wanted touch on very briefly is as noted in mr. benson's presentation, there's an mmrp being approved today, mitigation monitoring and reporting program. as before in the first deal, d.d.a. that you saw there is a separate agreement between the city and event authority as to responsible for those mitigation measures. that's been modified a little in thyme around in part because probably the mosting significant modification is because the event authority is not going to be doing programming in national park service lands at crissy field or aquatic park, the city will take the lead on the relationship to make sure that those parks have an adequate staffing and have an appropriate commitment from the city to strore those parks once the events are over. we're continuing to dialogue with the national park service in conjunction with their nepa compliance process. but we're very much looking forward to completing that in the next few weeks. sime here to answer questions. but i want to compliment the work of the port staff and everyone else in the city to get

us here today and also our partners at the event authority. thanks. >> thank you, mike. i just wanted to do a few thank yous and then i have one technical amendment recommended by the city attorney's office on resolution 12-34. i wanted to thank acoc and mark buell who chairs acoc and kerry mcclellin who's the executive director. they're both working to really cover a lot of the city's costs, including port's lost rent. we're very appreciative. we have a number of representatives from america's cup waste management and the event authority, bob billingham from race management, lizzie spalding from the event authority.

people they're working with marsha, paul. and principal race officer john greg as well from race management. there's really been a very large group effort here. and port staff is deeply appreciative. so i would like to turn to the technical attachment a-1 resolution 12-34 is a date change and in the first paragraph, there's an incorrect april 10th, 2012 date that should be changed to april 24th, 2012. and with that port staff available along with mr. martin to answer any questions that the commission may have. thank you very much. >> move up 9-a with the suggested technical amendment. >> second. >> public comment. kevin carroll, hotel counsel.

>> good afternoon, commissioners. my name is kevin carroll. i'm the executive director of the thole council of san francisco. have i the privilege of working with the industry that lks 15 million people to the steefer year. i wanted to let you know we still continue to strongly endorse the america's cup and thamplinge the city, event authority and port of san francisco for everything that you're doing to bring this event here. i think it's important to recognize that for every $300 spent in a hotel, additional $700 are spent in businesses surrounding the hotels. and those are often small businesses in other areas of the city. events that market san francisco to a global market have an effect and benefit beyond the event itself. while the america's cup will be wonderful for the city, there's also a way of getting a word out there we have an incredible city and world class waterfront and some of the changes coming about

because of america's cup will help us for generations to come. we wanted make sure that you know we support this and urge you to approve the recommendations that are before you today. thank you so much for your time. >> thank you. norman pierce, is this for 9-a? go ahead. >> norman pierce. i'm a sailor and staff commoner and big supporter of this project from day wufpblet i'm so happy it's gotten to this point. anticipating positive response from you as a group of people because there's an awful lot of citizens here waiting for this day to happen and we're looking forward to this big event that will hopefully bring other events like this to san francisco, revitalize our waterfront, make it more pedestrian friend will and give better access to the general population to on the water recreation. thank you, people that put this together.

you guys have been a good team for us. >> thank you. mike. >> hello. i'm mike vigilante with local 10 i.o.w., international long shore warehouse union. i'm here again in support of this event. it's been a long road and still has some hurdles to go over. but we're moving forward. i would like just like it introduce some of my members that are here. if you would stand up local 10 and associates. we're part of the community. we're from every part of the bay area. san francisco, you name it. so we're in support and we're ready to do the work on the docks. >> good afternoon, commissioners. my name is gabe hill.

i'm the vice president of the international long shoreman warehouse union local 34 ship clerk. located right next to at&t ballpark. i just wanted say when this process starts some months ago that on a leap of faith we supported america's cup all through the process and that's what we're doing here today, still supporting it. we theep the america's cup gets to the details of finalizing contracts for labor at the port's facilities, our scompeggetsations will be met. anything short of this would be a blow to the i.o.w.u.'s legacy and rich history in the waterfront. thank you. >> thank you. commissioners, my name is patrick ken. i'm the sec treasure for the i.o.w. local 75 union. we provide security here at the port of san francisco for the cruise terminals as well as security for port of oakland. i represent over 200 members, diverse, some live here in the city. let me start off i'm born and raised in san francisco. go fighting irish!

right, cats! we have the bruce mahoney -- >> this year. life -- [laughter] >> i want to say from the beginning we have been in talks with the america's cup people as well as port of san francisco officials. as mike said, it always hasn't been easy. we still have concerns and issues but moving forward we are supporting america's cup. we know some of the wealthiest people will be participating in this event as well as observing this event and we're looking forward to good jobs, good jobs for the working families being provided by the america's cup. everybody in our community can benefit. thank you. and also a lot of our members from local 75 here, local 3410. big turnout. thank you i.o.w. for showing up. >> thank you. holly king.