amendment to the ena makes is clear that the port is not obligated to pay non-port costs above the cap that is in the ena and there is a provision to sit down with the developer and renegotiate the transaction cost budget and should we actually hit the cap and need to keep on spending city attorney dollars or dollars that we don't have a source in the port's operating budget. and there is also, the ability pursuant to the term sheet that you are endorsed. and at any time, that the port wanted to step in, and pay early, some of praoet development sbenss, because there is a certain about accruing 18 percent returns, or to just start paying directly for costs on a going forward basis rather than face those 18 percent returns that the commission has that option at

its discretion. >> okay, just my concern is that we object to the cost for a certain period of time. >> yes. >> and there is a time line that is just if these, do not mesh together that we somehow are taking care of. and that is my concern, because we don't know what is going to happen and there are a couple of things that could change this and in relation to that, what is the actual extension fee? that you mentioned that, and i don't know what the actual extension fee is? is that it is involved. >> there is 100 k. it is 100,000 extension fee. >> per what period of time? >> 100,000 for six months. >> yeah. could we, take a look for that information and get back to you? that is not changing in this staff report kl is why we don't have a ready answer to that but we can get an answer to you before the end of the meeting. >> my last question.

about measures considered forced... >> i don't think that the staff can answer that question, that will be a question that you know, in terms of the city attorney and i am sure that they will have to go through some level of consultation on that. and i don't know whether it meets the standard for a regulatory force measurer which is i think what your question is. but we can look into it and get an answer to you about that. okay, the different categories of the forced measure under the ena and different definitions of the forced measure but we will look into it and get back to you. >> i just think that we should be clear since we are about to go into the agreement that we understand what this means and we don't have different interpretations later on, given some realitis that we are facing today. >> yes, and this... >> potential realities. >> yes. >> and so, i owe you an answer on the period of the extension,

and it is 100,000 dollars and we think that there twoeer extensions and we need to confirm in the 6 month term of those extensions and get you an answer about whether the ballot measures impeding the project's time line, would qualify for a regulatory forced measure. >> okay. >> that answers my questions, thank you. >> okay, yes, i think that i can see it in the beginning of the same thing and i was going to maybe ask it in a different way or just trying to clarify. and in terms of the 18 percent rate of return that is accruing, can you just go over again the incentives that keep the project moving forward, and given i am not sure whether we want to call it forced measure but rather than beating around the bush here, giving the potential ballot measure and we want to see and we don't want the project to be delayed while

that may or may not move forward what happened with respect to the percentage that is made and does it continue to accrue? >> so, first of all, i think that i just want to say, that we have had a conversation with forest city, and i think that their intention is to move the project forward, you know, expeditionly and they have got a lot invested so far and they are committed to the project and i do want to say that. i think that in terms of the incentives that you are talking about, it might be good it remind the public about the general frame of this deal structure. and so, in essence, the private partner is putting up private capitol to both entitle the project and edit through and get it through and get it approved through the port commission and the board of supervisors and also investing private capitol in infrastructure horizontal that the city will acquire from them.

and in both cases, their private investment in the project earns an 18 percent preferred return and after that 18 percent prefeder return, any proceeds generated by the project in excess of that amount is split, 45 percent to forest city and 55 percent to the port and so, that essential deal structure alines our financial interest in the project and forest city is highly motivated, to move the project as quickly as possible because they are not in this project to earn an 18 percent return, that is sort of what the market is looking for, for the risk capitol there, and in the project to make more than an 18 percent return to get their 45 percent split and that he have no financial incentive to wait or land bank in this deal. and i think that we, and that is why we have approved that the structure of the deal is so that we are both, and rewarded

by moving quickly through the process. does that answer your questions? >> okay. >> a leading question as we sometimes say. >> yes. >> thank you. >> thank you. >> i don't have any questions. >> so, call the question. >> all in favor? >> aye. >> aye. >> opposed? >> abstaining? >> resolution, 10., i am sorry, 14-3. >> okay. >> item 8 b, informational presentation on flaming lotus girl's temporary public art installation of pier 14 plaza between the agricultural building on pier 14 on the embarcadero adjacent to mission street. >> i am a planner with the port of san francisco and i am here today to present a temporary public art piece for the pier

14 plaza and we will up load a map for you and creaters of the art piece and so as depicted in the graphic that you should see, it is along the embarcadero between the agriculture building and pier 14. and there it is now. and at the foot of mission street, this plaza has had three previous public art pieces and the creators for this is the flaming lotus girl, they are a female driven, volunteer based art collaborativive based in san francisco and this will be installed? this spring and it will be in place for no more than 12 months, for approval, the port staff is requiring a port license and encroachment for this art installation. these documents will require the flaming lotus girls to insure the art piece installation, and endemnify the port for any issues related to

the art piece, the encroachment permit will sure that it complies with the americans with disability act and public art and display guidelines and now i will hand this to the flaming lotus girls to present their piece. >> no more mystery. >> i can just say that there are no action items on this item before you, and in the sense that all of the approvals have been delegated to the staff but we thought that it was important that the commissions be the first to see the art that looks like that will be placed at pier 14. >> good afternoon commissioners and members of the staff. >> could you talk more in the mic. could you move it around. >> is that better? >> great. >> good afternoon, commissioners and members of the staff and also the public, may i wish you a happy new year

and congratulations on the election presidents. >> thank you. >> i wanted to present to you today our soma and we would like to install this on the pier 14 plaza and i would like to talk about who the flaming lotus girls are, we are a female-led group who make large scale installation and based in san francisco and actually out in hunter's point in the bay view. we are all volunteers and we take anybody that comes in and e-mails our website, as long as they want to show up and participate, in our art. and we began in 2000 as a group of 6 of those and we are comprised of hundreds of members all over the globe and we are, and we teach through passing knowledge from one to another. and we pass our knowledge and through the collaboration and classes and workshops and from, we really grateful benefit from having members from varied backgrounds with many skills that can be passed from the group to the rest of the group

and beyond. >> and we are very, very excited to present with the possible installation on the pier 14 and it has been a great dream of the flaming lotus girls to install a piece in our home town and with your help we hope to make this a reality. >> and so, it is two neurons communicate ng space, the sculpture is we hope that it will give the public a way of exploring the between the sensory environment and the internal world. and soma offers and we believe that it captures all that the san francisco has to offer, science, technology, and art. and we have successfully installed pieces worldwide and including europe, and chicago, and california, nevada, and in the bay area. it has been installed in los angeles, las vegas and here you can see two examples and the larger picture is in los

angeles. the smaller picture is in san mateo. >> and this is our representation of how we feel it will look on the water front, a beautiful background to the bay bridge and we want to talk about the sculpture, it is 35 feet long made of stainless steel and we are going to have ultimate of the ground anchoring is designed by an, engineer and we have led effects and representing the two that go through the two neurons that we demonstrate and we are going to show you the collaboration and to create six informal displays, describing in the brain and the role that the neurons play in sensing the world around us and if you excuse me i will introduce myself. i am actually carolie miller and i am the director at the gladstone institute and we have another group of people here that are from ucsf as well and

this sculpture was designed by neuroscience tift and like i said our group is a mixture of the people from all different backgrounds and scientists and nurses and chefs, and we have a really good mix and we have and so we will be working in collaboration with ourself to create 6 informational displays that will be presented to the public, which will hopefully help explain both the sculptures as well as how this sculpture interacts and how your brain interacts with the world around you. and we will also make contact with the people from the bay lights project that we want to make sure that we first do not take anything away from the project at all with our lights and also that we can do a collaboration with them as well and meeting with them with week. >> and our installation will be certified by a licensed structural engineer and we so far we think that we are going to have or need two ac

circuits, driving the 85 led bulbs and we are changing all of the electronics on the sculpture to make sure that they are water front and tamper proof and it also goes the same for the components as well and we are going to use the bolts as well as the tact welding the bolts on there to prevent the people from disassembling the sculpture and we will be inspecting it and actually i commute on the ferry every day and so i will be riding my bike around it on my way two and from work. we will have a response time of 24 to 48 hours and we intend on installing safety mesh to prevent climbing. >> i want to show you a few of the pieces and i will not go into them now, but i will explain them in you would like to but we have created multiple

distributions around the world. >> i would like to thank the hundreds of girls that made it possible, and for supporting us originally with the grant for this piece, as well as multiple other pieces that we have created over the years and you for making our dreams come true, thank you. >> and i am open to any questions, we have michael here and especially involved with the project and we have girls in the back, as support. >> thank you very much. >> first, we want to designate public comment or if you have comments from your colleagues. seeing none, commissioners? this looks like a great project and i can't wait until it is in place. >> it will be multicolored. >> welly.

>> and it will be i guess at night it will be on for the full 24 hours until daylight and then what happens? >> we hope to have the informational displays as you come into the sculpture you will read around the displays and the last one is a benefit as a gift to us and for reading the rest of the informational displays and there will be a panel where you can control the sculpture and so the insensety and how it flashes and how the two communicate with one other as well as the different colors lighting up the sculpture. >> during the day it is not quite as impressive probably not. like a dusk kind of thing. >> that is all of the questions that i have. >> thank you. >> and i also want to thank you and i am excited about it. and whether the flaming lotus girls have any commissioners that they count among their members. very excited. >> as a former premed student and recognizing the neurons but one thought that i did have in

terms of thinking as the possible collaborations and given the basis in science behind this as well and it might be possible that the exporatorium might want to direct the people to come to it to come down and so you may want to pursue? ing with them because it is along the water front. >> yes. >> we are in communication with a couple and some people from there. who are actually friends of ours and we are going to help ultimates with the design of the informational panels and stuff so that will be a nice tie-in. >> great. >> it is a process question, because it is a public piece of art does it have to go through the arts commission or some other approval process? >> so, no, and actually i need to correct another process issue and when we work in collaboration with the arts commission and really the responsibility is the ports and the port has already and the port commission has adopted a policy for the temporary art at this location. and we have it already with bcdc and another such thing and

while we collaborate with the commissioner and the staff we don't need their approval. >> yeah. and another correct one is that in terms that you asked about whether the lights will be on all night. no they don't won't, as you know the bay lights are not on all night, as part of the good neighbor policies and our hope is that we will turn the flaming lotus girl as part of the good neighbor policy. >> so yeah, i misunderstood. >> and one other question that i had, in terms of and i am not sure whether we have a time list. for installations on this site, or if there are a renewal option if that would be contemplated. >> the bcdc reg allows for a public art piece for no more than 24 months so we can have the rotating art for more than 24 months. >> per piece? >> yes. >> and then it is exempt from

sequa, the installation is temperature or minor improvement to land. >> great. thank you. >> okay, thank you very much for your presentation, all of your work on this. looking forward to seeing it. >> okay, item 9 a, informational presentation on the port's climate action plan and efforts to track and reduce greenhouse gas emissions. >> we want to put in a plug for a missing colleague who is actually that he will report back in the next meeting for the efforts of looking at the effects of climate change among other things down in antartica and he was not on the boat in the ice he was on a different one. i am

>> i am here to talk about the climate change, we have a two-fold strategy, climate at dapttation is something that you have heard about and which is preparing to deal with the climate changes that are occurring. we have great work being done by our engineering staff and staff representing the port on the sf and we also have the twin strategy of the climate action which is the attempt to stabilize it by controlling and managing greenhouse gas emissions and a lot of the work that we have done here is supported by the staff and the department of the environment who have helped us tremendously and i would like to extend the thanks to them. and you will be seeing reference of the greenhouse gas emissions and you will see ghg and that is what we are talking about there. and i just wanted to mention that as we go through this, you will see, two basic strategies, for managing the greenhouse gas emissions and that is conserving energy and developing cleaner energy.

>> and this is a colored version of the chart that was in your staff report, and is it summarizes for fourth of the school years, the greenhouse gas emissions from port administrations. and i would call your attention to the lowest two bars, the blue and the red, represent electricity and natural gas and those are emissions generally associated with the stationary and engineering consumption or buildings. and they represent the primary, twr *f from the greenhouse gas emission and most cities and hear at the port. and the remaining stacks, primarily are associated with transportation fuels and so you see the bulk are from the emission and they are associated primarily with the fuels for transportation and a little bit with propane which is the light red strip at the very top. and in addition i would draw your attention to the

consequence of that big red stack, number two which is the set of emissions, and because of its size it is an important issue to try to get our hands around and the blue emissions is with the electrickcy and what you are seeing there, we have zero emissions and which is the reservoir in the past and they have had to supplement the energy source with what is offered referred to as the dirty energy and because they are greenhouse emissions and in that last fiscal year you will see that it drops to zero and will remain zero, because the state is going it require that any supplemental energy be zero emissions with respect to the climate change. >> that is the port's profile. and within the context of the over all city, the port represents a little less than one percent of the city

municipal craoenous galses and you will see that bright blue sliver up right near the 12:00 and so the mta and the reds in the upper right corner and the public health and the airport and the departments that by the very nature have the port as i say are less than one percent and but it is still? ing that we are trying to control and reduce. >> it covers by 15 to 20 ordinances and these are just highlights and these bench marking and the lighting retrofit and these are efforts to conserve the energy as is the benefit and they are looking to minimize and that is the gh up there and the energy

is an attempt to introduce clean energy and when we talk about the green building or lead certification we are combining the opportunity to develop the clean energy and introduce conservation and so the more energy that we save that is for example, zero emission and electricity, it is more available for the grid and other consumers to consume, reduced emissions electricity, alternate fuels is an attempt to introduce the again energy, and the ultimate fuels, source that we rely on mostly at the moment is bio diesel made from recycled grease collected here in the city and it is one of the lowest alternative fuels for greenhouse gas emissions. i want to highlight one example for the greenhouse gas emission

and we all hear about lead design and buildings get certified and there is a lot of fan fair around ha and these are combining the opportunities to confirm the energy and introduce the cleaner energy, and these four buildings represent the or those that have reached the status in the lead certification system and the nc in the middle column is new construction, and bdc is building design and construction, and at the bottom where it says ebom, that is existing building operation and maintenance and those are subcategories to certify the different projects but all of these are still an example of what we can do with the clean building. loi the of this is attributable to the station engineers who go around daily and look into the

boilers to make sure that they are working well, the report has five buildings in the boilers and you will see all of them here and you will notice in the top three have had new boilers replaced in the top two years and we have refurbished one in the southern water front in the last ten and the one remaining boiler that needs work is down in the southern water front in 501 caesar chavez and to have that daily maintenance. >> in the world of transportation, the well known effort is in the form of commuting sxh the port conducted a survey in conjunction with the rest of the city a couple of years ago and we documented the various ways that the port can commute to work and what i wanted to call it here is that, the 77 percent take public transit walk or some of these alternatives to driving alone.

it is a good mark, but we can do better, the private shuttle and taxi and limo and i cannot imagine that anyone from the port was taking a limo and i was out of space for the chart. this is a lesser known example of the port's efforts to try to reduce the vehicle trips. this is an effort at work and it is not commuting but when they go out they install the bike racks and so they will not need to make the multiple vehicle trips and they can head out to an area and send one out on a bike, and have another crew at a location with the truck, and it is a proof of concept, and i don't know that most of them are doing this yet, but it is something that with the right balance of bike, towing trailers and tools is a really innovative effort and it was not required by any ordinance and it was the innovation of the carpenters and they did a great job there.

>> this is an arial view of pier 96 and the reason that i am showing you this is because of the trees and if you look down and you can count at least a dozen trees and it is part of the forest of the city and part of the forest of the port when i mentioned clean energy and conservation, those are the twin pillars of trying to manage the greenhouse gases but there is a third, and the trees and the vegetation and absorbs the carbon and even though we are admitting the carbon, maintaining the forest is a fantastic way to take advantage of sequestration. the port gardeners are responsible for a lot of this. a couple of years ago, they have documented over 1600 trees, by species and by block. and they are coordinating when they can with the city's urban

forester and it was a fantastic effort, again not required by any ordinance or outside agency, but the initiative of port staff, the gardeners did a great job there. calling on the staff report as well, the city of san francisco has made a significant commitment to addressing the climate change through the climate adaptation but also through the greenhouse gas emissions and the city government, and the mayor's office and the board of supervisors has taken action and we have almost 20 ordinances that governor the climate action and the efforts made by the departments and the community has been represented and the san francisco grand jury is noted in the report took the request and doubted that it would be able to reach the goals and expressing the earlier resolution, and there

is absolutely long term prudent in the energy conservation and long term investment in some of these buildings, it is also practical and we know that the climate change is going to have a connect and a significant impact on the port and it is something that we have to prepare for. this reminded me of an allegry it is a forest fire that breaks out and all of the animals are running around in a panic and they start to run away from the forest fire toward the edge of the forest and there is a lot of crying about what can they do and the elephants are saying that maybe we can throw water on the fire but they are not doing anything and they just, they dance around and do nothing, for a long time and then they look up and see this humming bird with a beak full of water and it flies over and drops a few drops in and flies back and they look up and they laugh and they say, well, isn't that foolish, why are you doing

this? and the humming bird says, because it is what i can do. and it would be something if we all did just what we can do and i get the sense that the city of san francisco has taken that commitment on very seriously, we are one small city, fewer than a million people, climate change is a global problem and does not have boundaries but, i had all levels of the city family government and the community and the departments, and the people are making an effort and we just wanted to bring that to your attention and hope that you consider that as future projects come your way. thank you. >> public comment? >> commissioners? >> well i just want to say that i think that it is great to hear this report and i think that the comment at the very end in terms of doing what we can is very appropriate because it is a huge problem and we can do it in