community on ocean avenue. the work i'm doing with youth i've done a lot of use involved with sports as a coach. i've done a lot of work as a mentor and a counselor, at such. i just have to say that i don't with kids at the hunters point in different areas. i have used sports and i've used this idea of bringing the community together around something. to really take kids off the streets and actually, one person i was mentoring actually was at a juvenile hall and wind up giving them a basketball scholarship. that

brings us to be together and that gives us something to root for and honestly just as a blessing to the city to be will to help youth and community. so thank you very much >> thank you. next speaker, please. >> those are couple tough acts to file. hello. my name is mike modano. i live in mission bay and strong support the warriors project. when my wife and i bought our home 2.5 years ago, we knew the neighborhood would change and change in a big way. with her for two. for most of the that live in the neighborhood brought part of the empty space.

>> over several months ucsf worked with city and the warriors and made concrete transit and transportation management measures. to facilitate access to our hospital. with a specific focus on weekday, evening events, when this baseball or a large event at the warriors arena. in

october, our chancellor acknowledged agreement with the city and the warriors and endorse the project. ucsf endorsement reflects our satisfaction with the transit and transportation measures adopted by the city and the warriors. ucsf believes the transportation infrastructure is currently planned in the area combined with specific actions are adopted by the city and the warriors will facilitate access to our mission bay hospital. thank you. >> thank you. next speaker, please. >> good afternoon. actually evening out. thank you for your tv timeout. i am-20 years living here in san francisco. and three years in mission bay where the originals in mission bay sock. over the past three years i've seen a lot of change and in that change, it's been wonderful. great people. amazing dogs everywhere. unity government would i have not seen is improvements in

transportation. two places to be. any kind of [inaudible] in the neighborhood even the starbucks is close on evenings and weekends even though it's been a residential building. so, in my humble opinion, this warriors project really is what our neighborhood needs in order to create a positive change in these areas. the appeal is really about transportation sangha focus on that. getting to mission bay,-definitely, without a doubt can we handle more traffic during commute hours i was absolutely not. muni even today is more like move over sardines were coming in. with or without the events it's going to increase. were not even 4% occupied as far as residential. the question is whether [inaudible] and other social activities committee members participate in was going to be more opposite buildings as the previous speaker said. for me, i hope

it's going to be something that could help rebuild the neighborhood. that's plan already include transportation permits we are a desperately need today. so, let's not forget it will offer jobs, entertainment opportunities, friends and also places to eat hopefully. also for those people, family members and friends were visiting people at the ucsf hospital. there's nowhere for them to go in order to get away and take a break. thank you for your time and as an aside remember we are >> thank you. next speaker, please. >> my name is david lombardi and 11 omission. muscle football report pack of other sports for espn. i think i, this project from a two-sided

ankle. first is a resident and then obviously for my professional life. as a resident of san francisco i can say having always lived here this always been a city that is inspired me because i'm from three hours awake was about 10 years old, in 1998, my dad drove me to san francisco. went to watch that child's bite at candlestick park and the gloomy downtown or near the area of downtown were at&t park now this. is abandoned warehouse. it was discussed amid tense ever. it just looked not an area that could make what i think is the most beautiful city in america and one most beautiful cities in the world crowd so close to the center of everything i get lonely that barry bonds is going be hitting homeruns here in just about 3-4 years. i did not leave him at the time. but now we fast-forward about 20 years and we see with that area has become aware it's going to become in the future still so much more development happening in south beach. so, i think what we have here with this warriors arena project is very similar to what we had

potentially with at&t park and we can make this into a great area of san francisco. the warriors are totally committed to creating a world-class venue that the city really needs and for my professional perspective, it's ridiculous that you could be in the city this great and not have an event center that really suits the city of this kind. finally, a spoken a couple of these other meetings and i can say that there've been hardly any opposition members until today izzy this long line of people waiting to speak on. we had this turnout was every single meeting so far. so the words are first-class organization and the done that many organizing to make sure this should happen. thank you. >> >> thank you. next speaker, please. >> thank you for allowing me to begin to share my opinion regarding the proposed warrior arena public spaces by. a project such as this

[inaudible] i feel compelled to come out of my comfort zone and stand up to speak on its behalf. my name is andrea olsen and i live in hate. i believe the project before you would benefit the city and the neighborhood greatly providing tax revenue which would not exist but for this project. while not burdening the residence of san francisco. the tax revenues will be set aside to improve public transportation and the lessening of the severity of the traffic in the mission neighborhood. i also believe the completed project with its parks among its retail, it's beautiful vistas and walkways, along with the arena for the warrior and for other events will become a major destination for friends, family, visitors and maybe filmmakers. to our city. please, design that allow the project to move forward as a

lifelong golden state warrior fan, i thank you for your time and your consideration. >> thank you. next speaker, please. >> good evening. my name is teresa. i'm with al zender real estate. we have developed owned and maintained all of the mission bay life sciences buildings to date. we work very closely with the mission bay life science community because they are our tenants. we met several times with the warriors and we are incredibly impressed the professionalism, how carefully they listened to all the concerns and issues the life science community brought to them. they just each and every one of them to such an extent that we all came together and jointly issued a statement that support to them. with 19 firms, i believe it was. we are

here to say, you should reject this appeal and we support the project. thank you. >> thank you very much. next speaker, please. >> hi. my name is george anderson denominator the san franciscan and have it working in san francisco as a dentist for the last 24 years. i grew up in the city and had the good fortune of seeing a change from old shipyards and desolate land to the vibrant community it is today. just like the vibrance of the city people. it is our committee that should be reflected in how we shape the building of the city. it is the building of the city that only represents us but also the diversity and the tourist that visit us. to keep it short, i bought a few points i respectfully would like you to consider when making a decision. number one, housing is overpriced. this budget winzip 25 million and affordable has. even the most

educated are struggling with the increases in rent prices. housing in particular is important. to consider given the court housing market increase brought on by the growth of the tech industry the project things more retail and chance are small business opportunities in the city. new architecture, retail spaces and restaurants increases the attractiveness to potential taurus. it also brings $40 million in transit imprudence, which would benefit the whole surrounding neighborhood. as a son of an immigrant father the drove a muni bus for 30 years, to put three kids through school i so would've meant to be afforded an opportunity in this beautiful city. when discussing the future of the city we should not forget that all residents should continue to be afforded opportunities from education and job opportunities to being part of the cultural expense of the city. we of san

franciscans can move forward with the projects that touch the lives of our residents. i believe that the warriors building project does that. thank you. >> thank you. next speaker, please. >> good evening, board of supervisors. my name is antoinette mobley. i'm a resident of bayview hunters point. a proud resident of bayview hunters point. the warriors, i've been a fan since my childhood. so the big number 40, we did it. now, we get an opportunity to bring this world-class event stating here on behalf of the golden state warrior. i mean that's unprecedented. i believe that wholeheartedly. there isn't very much lifestyle going on in the bayview. we all get together when we can and we enjoyed ourselves together, but there isn't a place like this

proposed plan where we can be outdoors, bring some development and, have jobs, have places for families to come. that's really a keyword. you guys have to understand this. families in bayview hunters point have waited a long time for a plan like this to come its way. the 49ers, unfortunately, have no nine home games. that's it. this can be 365 days a year of events. people brag about san francisco. they can do more than that. with a world-class, seven days a week, event center. so i really want you guys to throw out all that nonsense that those opponents abroad to you today and just consider what we supporters are sharing with you. i want to thank the warriors and sfmta and oci i and everybody involved in this plan for

bringing this and making this happen. you guys have done the next optional job. thank you supervisor cohen to make sure everyone answers questions that i'm sure some of you do not think about. that means we have such a >> thank you. next speaker, please. >> my name is-i want to thank the supervisors staying awake listening to the long line of people. i want to perspective the woman who just was speaking she mentioned that families. things to do. i probably crossed to this lot at 16th and third over 8-12 times a week. from where i live going up in mission bay. i walk through the lot, the parking lot that is that. that's quick to generate a whole lot of money. i see all the leads. i ride my bike i walk

along [inaudible]. what would this project means? this one live in the whole area. parks, amounting to about 4.5 football fields. over on terry françois. the activity, the restaurants the money, hiring people to build this, to maintain it, to work it. people coming in. we have great restaurants shops down in dogpatch on third street. people come to the event. they come down to dogpatch. and the bayview. all these area. where families are. things we can do. i went to a meeting sponsored by the dogpatch neighborhood association. these people were here the alliance people. everybody spoke. i heard the last people bringing up the same point. page 100 of the eir. which was rebutted by the traffic people. why are they going back in, turn up

questions that were answered already? because they don't have much of anything. this is something san francisco needs. something that would enrich us all. it will bring the region into san francisco instead of spreading it out around the bay. thank you all so much >> the tango next speaker, please. >> good evening supervise. san francisco railroad and former member of the cac. i am supportive of the warriors project although i grew up in washington dc and can still give her the remember rick perry aye. one of the things i did notice in the eir or lack of when they discuss what they were going to do with her meeting the site, getting rid of the hazardous materials. they talk about charging-or

trucking it across the bay over the bay bridge. now just think for a second that's 20,000 truck trips. that's the same amount of trucks to go over the bridge from-in five years. so where's want to do that in three months. i don't know why they did not look around and see there might be some other sustainable options could san francisco is a freight rail. it taken stuff from transfigured from mission bay they can do it on a third amount of time. so, looking at that that was sort of funky for me but local hiring, is big keeping stuff in the city,. i mean, that's a big big thing for me. so encourage the warriors and supervisors to look at that. in reducing greenhouse gas emissions, that

is big. if you want to be great stewards of the committee and really higher from the community and local hiring that kind of thing i would consider those items. thank you, supervisors? thank you. next speaker, please. >> good evening my name is pete-also business owner in san francisco. i am here to represent national association of minority contractors. local chapter president. we have over 100 contractors, small minority contractors at the bayview district and also throughout the san francisco. this is a huge project for us. billed by minority contractors and small comedies they give an opportunity to generate revenues, grow their business. scale up because in san francisco, as far as the warriors are concerned there were the best corporate citizens. they join our organization and they came to our event we hosted it and met with contractors, small contractors and emerging contractors and talk about some of the opportunities. contours

will contain jumps. members and nonnumeric for the higher from the community. they will get give back to the communities. so, i'm here to support and don't miss out on the opportunity on building the warrior-i think this is history being made. thank you. >> thank you. next speaker, please. >> i missed her son. were raised by three teenage children in the building that looks out into the arena said. are big supporters of the arena. when we made the decision three years ago to move into mission bay south was a leap of faith. the neighbor was undeveloped that we believed the big cities do big things. we believe great cities do great things. we were certain san francisco to make mission bay a great place. i think were well on track but was incredible gift when the warriors arena well exceeded

our expectations did i do think anybody moves into an undeveloped neighborhood whether to live or build or to work should be surprised when things change. that was the whole plan was changed. it's disingenuous to think you can control all the change that surrounds you. we can all indigenous public-at and create a great plan and the warriors of the thoughtless partners and listening to concerns. naturally, we are concerned about transit traffic and congestion. we live there every day. the plan that they've developed, not only am i supportive of it but what i like about it is the flexibility they have built into it. so, if not just a one and done because you can foresee all of the impacts of a huge moment like this. i don't think anybody can. but what we

can do is best pan and place now and keep working together. that's what i think is happening here is fabulous spot [inaudible] is critical. thank you very much. please eject the pure. >> thank you. next speaker, please. >> supervisor michael-case number there some attrition the building trades were substantial [inaudible] but to honor persistence of those remain innocent to stand, you. carpenters, electricians, stand up if you please but we remain supportive the spot. heaven for quite a while. on the various points in the environmental impact report appeal, the question of tossing our member 10 years ago this entire site was excavated to a depth of 20 feet. i'm that desperate assertion this is marson made essentially but you all know well for decades this was the site of railyards in warehouses and eight tank farm. i think mr. albert has very adequate just the fear mongering of the

mission bay alliance with regard to trust. i'm though much less technical understanding of it includes a recollection that a steady much larger than it is now coexisted happily with ucsf two blocks away with nothing virtually but street parking and served public transit primarily with a single course for many many years. i don't think mothers of the time rendered less likely to care about the children in the hospital care than they are now the politicians were unlikely to pay attention to their please. i think that's a bogus issue and i think mr. albert has shown that it is. so, one other thing. he asked me to pass along that the labor council also remains supportive of the positive psu to reject the appeal and to prove the project. thank you. >> thank you. next speaker, please. >> my name is patricia britt number residence of the dogpatch. i'm here in support

of the warriors arena. i feel the project is very important because, partially because of the warrior's commitment to improving the neighborhood. right now, as you've heard other speakers say, there is very little for us to do in our neighborhood. we have to go to other areas of the city for entertainment. we feel this project will bring a lot of activity to our neighborhood which would be great for us. i think that it will also provide many positive economic benefits to mission bay and to the dogpatch. the level of community outreach on the warrior's behalf has been exceptional. i've never spoken at a public hearing before. i've never felt strongly about a project and wanted to show my support for it but i felt welcome to do that through the warriors organization. and i feel very appreciative of the

opportunity to be here. i look forward to attending the events at the facility and also to enjoin the parks and bike paths in this running area and i hope you will reject the appeal and bring the warriors home. thank you. >> thank you. next speaker, please. >> good evening supervised. joel-logical workers local six and san francisco electrical factors labor and management within our industry is both fully cured support of the project. we urge you to reject the appeal. we've attended neighborhood meetings. we've attended the commission meetings. all of them. all of them. we know how much time and resources have gone into this project specifically. we trust that has done its due diligence to bring forth all the facts and might i add that all the commissions and hearings prior were all moving this forward unanimously. so, we think that the project site is extremely utilized with accommodation of

event center and commercial and open space and will have a highly positive social impact on the city as a opiate again, were here in full support of the project and i urge you to tonight keep you >> thank you. next speaker, please. >> good evening. my name is carlos-i'm the owner of insightful market. home of some of the best passports party events in bay area. i'm sure supervisor tang can attest to the pure we work with over 150 food trucks. and we bring them to events all over the place. i hope supervisor seek out his enjoin the food trucks at the presidio. so i'm here whenever senate supports this new arena. six months ago the mission bay we give him an agency reached out to me because there was a need, as a lot of these neighbors have attested,

there's a big need for new businesses and activities to go on in mission bay neighborhoods and i'm happy to say that i actually just signed a lease to open up a new food truck parked in mission bay and if it wasn't for the news of the warriors coming down there that probably would not have happened. no, that i am proof of the change in the neighborhood and the economic benefits that you guys will receive in mission bay. no, now with that six months of working with mission bay is a line of new small businesses wanting to come in. so, i fully support the stadium. thank you. >> thank you. next speaker, please. >> on behalf of 5000 members represent, i have a bunch might brothers in the overflow room. we urge you to reject the proposal and support the warriors. we really like to build the stadium. we you were

one of the first local to the sport local hires and i think it's good to bring a lot of jobs to the local san franciscans to be working on that stating. i urge you got to supportive. thanks >> thank you. next speaker, please. >> good evening matter president and members of the board my name is brian-i'm here tonight speak in behalf of the san francisco bicycle coalition. like to draw your attention to some of ice complements a part of this project. including infrastructure improvements the sickening sight and terry françois boulevard part of our greenway. vision two interceptor permits the were project is committed to bicycle safety and education programming . by parking at this arena will be worth class video featured over 300 valley park spaces of two 500 and/or secure ike parking space. some you may know we operate bicycle valet parking at at&t park and that

is 150 spaces and we routinely turned folks wait at at&t products. we been working without warriors for over a year in discussions to look at the bicycle impacts of this project. i think were very pleased with where things abandoned all. we recognize also, bicycle improvements and access issues will continue to be something were discussing after the arena opens and with the for to continuing those conversations and work with the warriors into the future. thank you very much. >> next speaker, please. >> good evening, supervised. my name is jesse woodward. i'm here to support the arena. forgive my experience as a small business owner in san francisco. i own a restaurant and bar in district 8. the bar that i own happens to be a sports bar and happens to be the only sports bar orientated

tour the lgbt community in san francisco. we've worked closely with the warriors. we've host a lot of watch parties for the games. including playoffs which the proceeds of which benefited the warriors muni foundation. the source of nba hsinchu championship trophies that after i took a trip down market street during the pride parade. what this shows the warriors have been engaged and listen to lgbt committees throughout this arena project. as a san francisco resident i support having a world-class arena and many purposes not just basketball. having so much business to the mission bay. enter the city. i personally look forward to being able to ride my bike to games and concerts without having to go through traffic bart schedules that such. it will benefit the mission bay immensely. it'll provide open space that amused by everyone. we kill that will be all your own not only during events, and the were submitted clear everyone in san francisco will be welcome and will

benefit from this project in mission bay. none of our reach the warriors have done, the due diligence and have it that the whole city involved in the process is incomparable. i've been to several meetings with her were concerns and work with all the groups and work out any- personally came to the merchants meeting which i'm a part of an answer the questions. unanimously decided to support the project. as is all the other neighborhood groups. i just wanted to thank you and support this arena. >> thank you. next speaker, please. >> good evening, board of supervisors. i think you've are still being away. i am a 13 year residence of the south of market and i'm a native of san francisco. i moved from in the area in pacific heights, where there was open space. if i felt like walking to a park it was

there. if i felt like going to a café it was there. if i felt like doing something that her things to do that. i did move into south of market knowing there were things coming down the pike like some and also, change was inevitable. but when the warriors-when i heard about the warriors project, i said i need to jump into this. we really need open space. i'm work from home so here's my day. i work out and i crash into techies on their devices. that's my excitement. i've no place to sit to work outside of my house. it would be great to sit in the open space that they're proposing to offer us. a lot of the points that people mentioned have artie been but i want to mention-what i want to say is i urge you to really approve this arena. we really need it in our community and i

thank you very much >> thank you. next speaker, please. >> hi. by ms. kathy cearley. by feeling i live in mission bay south next door to the post arena site. results not only to watch the world's best basketball team play and her own backyard to attend the family shows, special funds, hold events, concerts that we can take our kids to. as a child, some of my best family memories were going to see the harlem globetrotters and the ice capades with my own parents. recently, the san francisco chronicle reported step. is rapidly gaining international attention. he was rated as the most influential man in the world is quickly becoming the best possible role model for today's youth. the article goes on to say the warriors are becoming-this is sunday's article-they becoming the coolest most talked about must see show in sports. we should be counting our blessings they

want to privately fund this project and settle in mission bay. for over 20 months now, the warriors have shown an aggressive community our reach into mission bay. they've not only become our friend. they've won our hearts might gain their trust, confidence, loyalty and support. >> thank you. next speaker, please. >> good evening supervisor. personal i like to congratulate borders on winning another game tonight. second monica scott van hundred 11.patch listen to but from project site. before begin my own comments, i was asked by the.patch neighborhood association for the board of directors to deliver this letter to specifically supervisor cohen but it seems like you guys have already addressed a lot of the things in there and appreciate that. i'm not speaking on behalf of the neighborhood association. i'm here on my own. so, the

reason i'm here today is to voice my full support for this project to plot the warriors on the neighborhood outreach they've done and to make it clear to mission bay alliance is not reflective community. mission bay alliance is not glossing grassroots organization that is not an organizing created just this past spring by some billionaires and some guys with phd's. none of the members of the alliance bother to show up to any-two. any of the seven public hearings last month i was there. my neighbors were there at the committee was there instead estimates were all led by hired spokespeople. for example, at the oci i eir hearing, over 40 people spoke in only three of them were in favor of the project of those three opposed to them were patent lawyers. meanwhile, the warriors have stood the last three years integrate listening

and adapting the project based on community feedback. i urge you to deny the mission bay alliances request to appeal the eir. the worst of showing their great asset to the community are committed to surrounding neighborhoods and were equally committed to making the project a reality for our neighborhoods in the city. think you. >> thank you. next speaker, please. >> good evening minus patrick ballantine at present of the south beach mission bay merchants association. muscle local residents and i think as of to go to almost every single of the meeting that's come up for this site going back to 3032, probably 2012. what i've seen is the committee input evolve of this project. the community support for the project has been broad. it has been diverse. it's been local. we've got quite a deep bench on the community site as well. what has happened is project

has come about this create a sense for mission bay. the biggest objections to the project have been met head on. i think it's very important to consider peer we've spent a lot of time tonight hearing from the city, from consultants, from staff talking about with the difficulties are and how to solve them for this project. the committee has come and spoken it evolves over time, and the response has been-we have a project that's keyed up to be excellent. the opponents have been tight they were sent consultant to the staff public comments the patent lawyers tonight. they challenge the eir before it even came out. this is a rigorous two until the cows come home for the public had a chance to provide the incremental impact report i think that tells you where they're coming from. as a

practicing lawyer for over 22 years, most with my client if the other side brags about how much they're paying their lawyers and the rest to you for ever they have no case. i think it's been proven tonight is they have no case. thank you very much >> thank you. next speaker, please. >> thank you good i'm dennis mckinsey diamond resulting education. san francisco public high school for 14 years. i sent you an e-mail in support of the confirmation of the eir report. to certify that i am asking you to take every step necessary to work with both sides. rb sigman does a lot of critical issues. but you also my respect what i want to share briefly address the warriors message collaborate [inaudible] i think the arena in itself the structure much of the time it will be vacant. the events, of course 150 events, bask all games veteran nick and service

and educational facility a university, if you will for the high school and college kids in the city. i mentioned this many times. all the commissions and supervisors for many years. the proposal i have to share with you is asking that the warriors support this proposal in some kind so we can use this as a model to reach out to all the cities and committees across the country utilizing the power and influence and inspiration that kids get from professional sports. these facilities, once again, multimedia journalism, the operations of these facilities, but all potential career pathways. thank you much. >> thank you. next speaker, please. >> hello, supermarket tony

kelly vp of boosters association at the boosters have no official position on the arena project or the eir but we do want to raise concerns on the record about one particular aspect of the eir and that issue is soil mitigated is a lot of toxic contamination of the soil underneath the proposed arena. it describes well in the mitigation plan and it goes well past 20 feet. when the warriors met with obama committee we were told contaminated soil would be directly called to toxic wayside. now in eir the toxins was retreated on site first and then trucked to local landfills but we disagree with that approach. is this in the case of soil that's contaminated with hydrocarbons for carbons. three substantial given the location is right next to a big union oil tank farm. we don't believe on-site we don't believe it was that we believe it's always the project and expose neighborhoods to undue risk. we've seen this in other projects in the neighborhood south of market. that we raise

the concerns with the warriors with a better plan for soil handling and city transit improvements but i'll mention on another agenda item for his project could get stronger neighborhood support. i want to at the commons murray has been she couldn't stick around at this time and these are her words. it is my considered opinion that green action that often there's an issue or question and the answer is unclear it's best to err on the side of community. it's best when oil is found in soil that's picked up and moved out never to be used again. we also understand that this method may be a bit more costly. however, were taught by the many lives of community families that live adjacent to come across from, up the street and down the street of this particular area. it started to follow the progress of this venture closely sooner where without a doubt the community in increments of community is speaking with one voice. i think you on behalf of myself green action and environment subcommittee. thank you for bearing both of us >> thank you. before i moved to the next speaker, i just want to remind members of the public who are here for public comment, that this is for those

members of the public who oppose the appeal and support the project. thank you. next speaker, please. >> mimes olivia smith and am the managing form of of trucking llc. while we do support the warriors coming to san francisco we'd also like to see if, in fact we could get the trucking for the hazardous waste local going to the rail. we know that they have had other problems in the past with trucking over to east they and the other half of the space. we would like to keep that work here for our company. we been badly in need of hazardous work to transport dirt within the city and would like to see if we can continue to do that work and hopefully the warriors will consider us. >> thank you. speak next speaker, please. >> i'm fred-i represented

[inaudible] in san francisco wheeled transportation committee that serves san francisco since 1992. we fully support this warriors arena were looking for to helping them assist them with their contaminated soil needs. we have been successful in moving over 1,000,000-2,000,000 tons of hazardous waste over the last 20 some odd years. this would treatment process is never really worked throughout the project that we worked with over the years, we certainly would like to help the warriors to fray from putting over 20,000 truckloads on the bainbridge we have a ton of traffic problems already we been successful worked with the san francisco giants moving contaminate soil from that site as well as pg&e and other large companies. to afford to this new arena and helping with the project. we do employ all 1% local truckers at our company. >> thank you. next speaker, please. >> and president, supervisors,

my name is neil oshman. brisson of mission bay both my wife and i overly support the warriors arena. it's been a long process from the beginning the warriors have done it right. they worked with residents and other stakeholders to address legitimate concerns. they have crossed all the t's and dotted the eyes. this is the last step and i would hope the board ignores the argument submission date alliance improves the eir because for every bluster all the attorneys they've hired, and all the work they've done unsuccessfully, to show that san francisco doesn't really support the arena, fundamentally, they're just a bunch of-the board by such in san francisco should not be held hostage to believe they and only they know what's what's best for the suit. by the way not on property i covet

>> thank you. next speaker, please. >> good evening my name is dj deputy director and committee developers a nonprofit organization in bayview. i'm here to speak on behalf of moving the project forward in full support of the warriors and also i would like to say but immediate supervisor and executive director mr. watson apologized for not being able to be here with him being a commissioner on the school board is doing his due diligence to the voters of san francisco at a school board meeting currently. briefly, i want to shut out a brief story and talks about the leadership and teamwork that we've seen with the warriors over the last three years. was one of the first we had in the dogpatch and i introduced to gentlemen who introduced himself as mr. rick welch and him with the golden state warriors. know what that means to me is someone whose humble and someone who exemplifies leadership and teamwork and we've seen it not only on the court with the

worst having 23-0 in due diligence with working with the community and alternate members here with oci we wg and all the stakeholders and over the course of the season, we've been able to employ and serve over 152 residents from district 10. we serve populations of homeless from the incarcerated those on promotion probation or parole. was seeking employment with second income along with seniors and folks who currently retirees. that's what the warriors are doing now in oakland. just imagine how much more were going to be with you was that move across the bridge and we thoroughly urge you all to continue to push and move forward with this. >> thank you. next speaker, please. >> my name is john hale and the second-generation san franciscan. i'm also a homeowner of a-i live five blocks from the proposed arena. i'm also warriors season-ticket holder. to those who had traffic concerns i can assure you all be walking to the games.

one must car you have to worry about. my experience with peanut warriors season-ticket holder has been fantastic. i can tell their first-class organization by the way they treat us. i'm also a season-ticket holder to the niners and i would never say that about them. i think this arena is going to be great for our neighborhood. i think in serve as a catalyst same way at&t park gipper south beach i think you bring much-needed services. within walking distance for the residents. so i urge you to deny this appeal the eir and that this project move forward. >> thank you. next speaker, please. >> good evening. my name is sheila ash and i'm a long-term residence of winona valley and

happy holiday. it took moses 40 years to cross the desert. will it take 40 years for the words to come to san francisco? i was drawn to the team by their -i maintained an interest by the prowess. i reference [inaudible] animalia rigidity. sweatshirts are not my style. so, i give you my designer where to team it has my respect and full attention. and could not be prouder to host them in a city that i love so dearly. my fashion and passion for the warriors is clear. so, please bring them here. >> thank you. next speaker, please. >> good evening supervised.

how are you doing this evening? today i'm here to discuss my strong support for the warriors and missionary. from an environmental perspective this we want most [inaudible] arenas in the country. it will emphasize sustainability in every aspect and design. for example, the project storm water we treated on-site. those being on-site recycle system. to be a first-round nba arena. as part of 89 or compliance the warriors have agreed to 1% of the carbon omissions another first for the arena. lastly san francisco bike ocean recently called for this project was bike friendly sports venue in the country i urge you to deny the camille and stammer the committee and not just a handful of people. we've seen

appeals go again people mention the niners and that stupid what time would take more time we would chance to lose this. let's not lose this for our city. >> thank you. next speaker, please. >> supervisors, thank you for your time this evening. my name is christopher hoff and i work in mission bay is a consulting manager for small restaurant group. here obviously in support of the warriors project and to reject the appeal. you are barking started 15 years group with a single copy got a new cs parnassus campus. when ucsf target mission bay as an expanding neighbor could forgive us were among the first beverage vendors to move in of we the pleasure of uca but proactive entity driven program being supervised like ucsf the warriors have exhibited a proactive and to me first approach to addressing concerns

and challenges regarding this issue. the main opposition for this project has come from the mission bay alliance. initially their platforms and around protecting ucsf interest. ucsf ultimately endorsed this project they'll find that argument for the allies then shift his message project mission base biotech companies. although 13 of the largest and fastest-growing have now signed on to the project as well. to our restaurant to work with these companies with ucsf and residents in mission bay everyday and i can say that any opposition to this arena can only be characterized as oxidant. the part that has to go through. progress is inevitable. nothing is going to be perfect but the warriors have proven themselves a proactive organization interested in responding and listening to the needs of the community. i guess that's it.

one note. we all know social and cultural equity opening sports franchise brings to a city. the warriors have proven their winners both on the court and off the court. i feel we would be forced to pass up the opportunity to harness their winning culture as a partner for the mission bay neighborhood. but spring the warriors home. >> thank you. next speaker, please. >> good evening, supervised my name is chris-resident of los altos in the south bay. i previously served on the environmental commission in my city and i thank you for all the work that you do. i just want to echo the sentiments of other supporters that showed been impressive to see the city staff, supervisors different commissions of worked without warriors organization you can see this right playbook perpetual sports groups in north america. i just want to say that no eir is perfect and nothing scored to common any group especially when of the scale, and have no concerns or issues. what really matters is the level and confidence of the

groups you're working with. and whether not they are capable of being flexible and nimble and being able to work with a city like san francisco to get this approved and with rick welch being a world-class organization they have nothing been shown to their collaboration jack o'connor organization they are [inaudible]. i also want to say i'm the father of four girls. i have no sons. i make them sit and watch sports with me throughout the year. they love to do. they love to have their stay up later and snuggle with that and we watched warriors games. raising kids is all about creating social family memories and taking my daughters to this proposed arena i look forward to grade. i asked for your continued support for this project. >> thank you. next speaker, please. >> hi. my name is jasmine

conrad and i'm one of the many organizers for the warriors which is a coalition that is brought you a lot of people have seen you today. if past years. it's been an honor and privilege to be part of organizing this community. but even more importantly i was born and raised so spent absolute honor thus far. over the past 1.5 year we had opportunities to identify and engage with 5000+ supporters in san francisco and surrounding neighborhoods of mission bay.patch my bayview and over the past year and half those supporters have transitions into a warriors ground commanders. they transition to some of our closest friends and assume we have transitioned into our neighbors. taken my organizer hat off for a moment as a native is difficult to see

a city you grew up and changing rapidly, but i think that looking at this project and what it has to offer the clinic gives me hope there's a strong community in san francisco and is a very strong voice nothing better coalition is composed of the people that resemble the san francisco that i grew up with. so it's an absolute honor to be will to stand with them today in support of this project to reject the appeal of the eir. >> thank you. next speaker, please. >> hello supervised. my name is sebastian-the reader letter on behalf of [inaudible] what was your earlier. he's a member of the asian american contractors association as well as the california asian-american business association. after my name is matthew was born and raised in the western addition of native) is owned a london business in the heart of the bayview. i spent a majority of my youth working there. now

it's business owner and general contractors fight as an [inaudible] and located in the bayview. we also work with many local san francisco agencies and local residents for the past 30. presently working with the bayview opera house. please approve the new stadium for san francisco residents sports fans an opportunity within the bayview district. two point part of this new endeavor and with this new business avenue for entrepreneurs the warriors, >> next speaker, please. >> i'm here to support the warrior stadium. the project will provide jobs for our

neighborhood. our community we are committed to hiring local guys that live in the bayview. the guys that live there that are born and raised. we are committed. what part of 261 the operators. we are committed to the training program. this project will benefit our neighbors, our new members. and folks that live with us and work with us. i'm here in support. >> thank you. next speaker, please. >> good evening. i am here tonight to read a letter to have a bruce i get was here but had to go and share the tj pa

meeting. my name is bruce i could. i'm a transportation rep. and board member of the south beach mission bay neighborhood association and a member of the ballpark mission bay transportation coronation committee. however, today i provide my public comment of the mission bay. very pleased to see the approach taken by the warriors jesus traffic and overall congestion. although this a very complex set of issues the warriors working with the city and ucsf {the charges and developed an approach an agreement. in addition to performing a thorough eir the party listen very closely to the concerns of the residents and businesses in and around mission bay. based on this we have come to an agreement on several fronts to ensure transportation and other quality of life issues are resolved through the integrated approach. this approach

includes the following: development of in-depth transportation and travel mitigation plan. the committed secured funding source. transportation improvement bond and lockbox secures funding necessary to provide the services. funding for this budget is taken directly from revenue generated-[inaudible] critical to ensure services are provided without impacting service doubles in other parts of the city. stakeholder involvement. the creation of the transportation improvement fund advisory committee consisting of represents from each stakeholder group will assist in setting priorities to meet women in summary this is robust and thorough [inaudible] funding mechanism stakeholder citizen review, accountability and [inaudible] >> thank you. next speaker, please. >> good evening, supervise. my name is jackie flynn. i'm the

executive director of the randolph institute am here with my program manager kirk ryan. >> good evening, everyone. >> first of all, let me say thank you to you guys. to all your commitment to our city our community. these are long thankless hours maybe your never told we generally appreciate you all. i appreciate you receive for being here tonight. you know, firsthand and a project this size is going to have a major impact on the communities we also. i want to recognize who came out earlier today for both together with over 100 committee members each of the committees that we serve. as you can see, were trying to keep our eyes open but it's a long road and we continue to march ahead. we are here because we are warriors. we also stand in solidarity with our union brothers and sisters as you know we work closely

with our trades to create sustainable careers for young women and men and women from bayview.i also know who provide it's great to hear this project is going to bring improvements as well as hundreds of local jobs.i really appreciate the warriors have shown that i could use a mentor and model to young men and women that could inspire such a great company like the golden state warriors. so thank you again and i'm in support of this project and encourage you guys to oppose the proposal. >> thank you. next speaker, please. >> good evening, every impure money ms. lily-and i am a residence of mission bay. i

also own a small business on the high-tech space and have a located in mission bay. i'm here to support the warriors project. i think that creates a project that is going to modernize san francisco and contribute to the beauty of the city that we already have and now were going to have the facility of a world-class entertainment center. i think that this project will also bring the community together. it's more than just a sports arena. it's going to be an entertainment center. it's going to have a part where residents can travel to locally with public transportation to concerts and local events. i

think this is a huge improvement to our infrastructure as well to the city in terms of what we have an expanding the projects that we need to work on for transportation. and facility improvement and things like that. lastly, i think this is going to be great for the san francisco economy. i'm not a native of san francisco. i moved here because of my career , and i invested into properties in mission bay. that is an example of my contribution to the economy in mission bay. i think it's good to create jobs. not only in the development of this project as well as maintaining this project. >> thank you. next speaker, please. next speaker, please. >> good evening mme. supervisors and supervisors.

the mission bay alliance are deniers. they've taken some typical issuesbut there's two items that come out to me is very important method transportation and also the accessibility of patients to the hospital. however, the ucsf is a state of art children's hospital with a helipad. so, these are the helicopter will not be limited by having a sports arena in the neighborhood. also two very happy those $25 million to afford housing will be part of this developer agreements. $40 million as part of the transportation infrastructure contribution. also, what makes a livable there would for the

warriors project? diverse. the warriors provides a range of jobs shops and services supporting diverse local businesses. the warriors arena supports the physical and mental health of its residents, clean and safe and promote social mobility. green. the warriors arena is well served by parks, playgrounds, pauses, greenways, trees and plant these are integrated into street designs. buildings are designed to provide public open space am a comeback cards terraces and greenways. i urge you to reject the appeal and support this project. >> thank you. next speaker, please. >> good evening, supervise. money ms. joann desmond and him and assistant business agent with theatrical staging local

16. i'm here on behalf of the over 2000-we are in support of the new warriors arena commission may between the sporting event entertainment events and conventions, the arena will benefit not only local 16, but for thousands of workers in san francisco. we currently have almost 1000 members who live in san francisco. these are members who live in your district, the sender children to our schools and support our local businesses. these jobs, complete with benefits will ensure our families to continue to live and work here. we urge your support on this worthwhile project. >> thank you. next speaker, please. kim hi. good evening. my name is john-local residents of mission bay. am here tonight in support of the warriors project. clearly though warriors have shown great

attitude listening to the community needs and it is the project will provide many jobs for the locals and for various union workers and for the community. so, i urge you to reject the appeal and support the project. have a good evening >> thank you. next speaker, please. >> good evening supervise. my name is thomas mcdonough and i lived in san francisco since the late 1970s. i'm here today as a supporter of this project. the warriors have shown impressive commitment to collaboration and planning this arena project. they literally have committee stakeholders present and updating at the mission bay business advisory committee and they seek input on various businesses including ucsf. and agreed to stop the

warriors project the opposition mission bay alliance, has invested four separate law firms that have [inaudible] other constituents to stop the project. the venture capitalists behind the curtain are used to getting-used to using lawyers to get their way. this appeal is not about the environment. it's about a few rich people taught us how the city should be run could i urge you to deny the appeal and allow the project to go ahead. i think, from listen to the presentation this evening, and listening to the tremendous success of the warriors have had on the courts in the last year, year and a half most certainly, you can see operationally also that this is a fabulous entity. a great city should be get together with a fabulous entity such as the

warriors. hughes also seen some creative thoughts of the arena could be used so for educational purpose. when it's not being utilized. >> thank you. are there any other members of the public alike to provide public comment at this time? >>[reading] public, disclosed >>[gavel] ? now the council 3 min. for a rebuttal. >> thank you supervise. tom or the mission bay alliance. patrick arden is with me to turnover to him. the process here is one both political and legal. a lot of what you've heard about today is poetical information and legal information is of a different character. you've heard from the planning staff members very

good at opening a rosy picture of what can happen out there once this project is operational , but it's harder to be glib about what the document actually says. as with the legal parts of this whole process comes into play. so, i want to give you an example talk about transit impact since it was a topic of discussion by the city employees. if we take the scenario of a giants game in the impact on muni transit service, the impact tr-13 is less than significant mitigation. so what's the mitigation? the mitigation measure to accommodate muni transit demand stems from the project in 18 project on the light rail during overlapping projects on social work with the coordinating committee to do some things. that's a

mitigation for a process to happen not for a result be obtained. so, in sql parlance, legal apartment that's an unenforceable mitigation that does not actually ensure that the impact is less than significant. you don't have the evidence to make a finding that impact is less than significant would mitigation. if you go to another scenario, both with and without a giants game, regional transit services impacts on cal tran and then on the ferry system, you have that finding that a significant and unavoidable would mitigation. so, what does that mean? welcome you to look at the mitigation and again is the project sponsor shall work with the ballpark mission bay transportation corning committee. again, a process, not a result. if you go to the fight about on affordability it says provision of additional services uncertain and full

funding for the services yet to be identified. that's because the mitigation was unenforceable. the was no provision for the sponsor to pay for the additional service that's needed. so, you can't bootstrap one legal provision to find out on affordability. it's hard to be glib about the document. you have to look at what it says. >> briefly, issue on the issue of enforceability or lack thereof, we'll party essentially concedes transportation management plan is unenforceable claims there's a backup. this mitigation measure tra team usa look at it, it states about performance standards are not met essentially, the warriors need to try again. that's all. >> thank you. okay, with that this hearing has been held and this hearing has been conducted. so, this hearing is now closed >>[gavel] ? this matters in hand of the board of supervisors. so, i have a question for staff. based on the presentation the

questions in the lumpiness of this particular hearing, and some of the feedback is there any additional information presented by the opponents that you want to respond to at this time?? yes, thank you. >> yes, thank you. just a few issues i want to respond to. with respect to hazardous material and water quality impacts the pounds at the hearing today analytic results from sediment sampling from storm water drains the project area. it's not appear that the actual sediment sampling locations were documented in the materials. regardless, those would be reflection of existing conditions today. not a result of the proposed

project. seek was concerned about the effect of the proposed project on the environment. with respect to contaminated sediments and storm letter the project during construction would be subject to sediment control storm water prevention plan which is required under the states gen. permit for construction. this main purpose of that is to prevent off-site transport of sediment contaminated sediments, from storm water. once the project is constructed, there would be no pathway to exposure from native soils from the site in the storm water both because the mediation will be completed [inaudible] there be no contaminants. and no native soils would be aye. so this would not present an issue with respect to the adequacy of the eir. we heard a bit about also the preference of some of

comments for the real transportation and is opposed to trucking. the project would, as other testified and well documented in the eir, provide on-site treatment of contaminated soils such that the soils, and all that would be subject to regulatory oversight sows by the [inaudible] and regional water quality control board. the result of that is that would not be a need for long-distance transportation of soil proposal and with that, there is the advantage of transportation of hazardous materials is lost. then, with respect to the few remarks we just heard on some the transportation mitigation measures, i want to read the entirety of the transportation

mitigation measures tr-13. they've spent more than what the appellant as representing what it says mitigation to accommodate muni demand from the project site nat part during overlapping evening event. the project sponsor to work with the league ballpark coordinating committee and sfmta to provide enhanced muni light-rail service in or shuttle buses between three markets right locations in the project examples of enhanced service one could muni bus shuttles between union square and/or cal st., bart muni station and project site. the need for enhancement muni service shall be based on [inaudible] overlapping events to be projected attendance levels anticipated start and end times. the other measure that was not fully provided to

you the language of which is rather lengthy, and that is measured tr-18. this is the measure that was put into place to enforce the performance standard, it is really a backstop to make sure that the transportation and impacts referred to in the eir are accurate and if extensions are backed up within forceful litigation requirements.. the sponsor is required to implement transportation management measures to reach the performance standard. the maximum extent feasible. they're not also presently making a try and if the measures proved to be ineffective, they can just give up. they are required in the mitigation monitoring reporting program was a condition approval of the project, to meet the performance standard to the extent that it is

feasible to do so. from a ceqa legal standpoint because the sponsor's attorneys focus on that, because there is some remaining uncertainty about the feasibility of meeting a standard in the future the significant determination in the eir for that impact is what's called significant and unavoidable would mitigation. that's an acknowledgment of fact there's some uncertainty could nevertheless the sponsor is not off the hook [inaudible]. >> thank you. are there any other comments from the staff with regards to that the tickler questions? scene there is not, supervisor kim >> thank you. ashley i do have one follow-up question that came up through a member of the public comment. only because i'm reading her letter now because was submitted today.

this is from susan holly and she addressed that there was a recent california supreme court case that she felt was relevant to the one here in southern california. i was hoping that the city attorney could respond in terms of how this appeal on this eir is distinct from that case?? elaine- >> elaine-spirit actually, there is documentation in the record was prepared by one of the attorneys for the warriors that goes into more detail. so, it is in-that has been submitted to. but it to explain briefly, that case identified-what was done in the case was not the way the planning department did the analysis here. the analysis was

done here was to look at whether the project would comply with the cities ordinance established a standard for greenhouse gas reductions was a number of years ago. as a result of that ordinance, and thus the goals identified in the cities ordinance are more aggressive than the standard that has been backed by the state of california. in that case, the court said that the problem with the approach that they took was not that they looked at whether it was consistent with the state goals , odyssey, if we look at being consistent with our goals which are even more aggressive, that would be an acceptable approach. but, what the court really criticized was that they did not show the actions they were taking would be effective in helping me back plan. the city -the court then identified other ways that they could've gone about the problem in one

of the ways they identified was to have a climate action plan or greenhouse gas reduction plan . the city has adopted a detailed program or put together-it's really a series of actions that the city has done including many ordinance that adopted by the board of supervisors as well as other programs the city is put into effect. the planning department has documented all these actions into a strategy document that they cemented ashley to the bay area air quality management district. the eb area calling management strip said that this was really stellar efforts and it is as a result of that that compendium of action that the way the environment does its analysis determines when a project is going to be consistent with all these programs that the city has adopted. it did that analysis in this case?

>> i think having her the presentation would like to move forward i think that the city has done an adequate and complete job and our mental impact report for the proposed golden state warrior center arenas of that is a motion i believe we also have the appeal of the town of knobby force as well. is that correct? no? >> we will call those items once we have moved forward on these items.

>> my motion has to prove 58 and two table 59 and 60.? supervisor kim has made a motion to approve 58 and table item 59 and 60. second by supervisor speed. mdm. clerk please call the roll >> supervisor campos aye cohen [inaudible] farrell [inaudible] kim aye mar aye tang aye wiener aye b gies avalos aye breed aye there are 10 [inaudible]? colleagues of bottle sub sub and my mental and packed report is highly certified unanimously >>[gavel] >> we're going to take up that

there is a minute recess before we moved >> all right postwar back from recess. colleagues, we are 1 min. ahead of schedule of our 20 min. break. i know supervisor kim will be here shortly. we are reconvening as the board of supervisors we have us an appeal of the warriors event center in district 6. i'm clerk please call item 61-64 >>public hearing a person of interest in the decision dated november 12, 2015 approval of final tab eight of 93 for 100 unit commercial condominium

subdivision for the post-golden state warriors event center mixed-use development center admission date south block 29-32. items 62 motion to improve the public decision to approve the tentative final map. item 63 motion to disapprove the public works decision tenor final map and 64's motion directing the findings to disapproval of the tenant final map. >> colleagues, for this hearing will be considering whether the tentative map for the warriors event center is appropriate under the subdivision map pack including whether it is consistent with the general plan for any specific plan that applies. without objection, will proceed as follows. up to 10 min. for appellant to state the grounds

for their up you get up to 10 min. for public commenters to speak support. it determines for representatives of the department of public works and planning department to describe the grounds for their decision to approve the tentative map. up to 10 min. for the real property and interests to present. up to 2 min. for public hunters to speak in support of the real property interests and finally got the appellants will have up to 3 min. for a rebuttal. it's time to get started. i will start with without objection, i will -is there a motion to excuse supervisor peskin for item 61-64 and 65-68? moved by supervisor farrell seconded by supervisor mar without objection supervisors peskin is excuse. >>[gavel] ? the appellants are up. >> you have 10 min. >> good evening president breed and members of the board. i would like to be a computer

>> start over. we will start over because the bell rang.? thank you. >> i'm susan grant holly and i'm here representing the mission bay alliance in its appeal and i see the photograph is up. rather than just look at the decision about some photographs of mission bay to illustrate some of the points i'm going to be making. the significant problem with this project over last the ceqa issued. art realize those are resolved by this board but there's an overlapping issue of an inconsistency with the redevelopment plan the makes the tentative map problematic and should not be approved for that reason. i would just like to take my time to walk to that issue to make this board understand there's been so much paper, and i understand is

difficult to read everything and not understanding how could i like to explain it so back to the computer, had a vision or mission bay staff. that vision wasthey doubt any special kind of dimensions like the original blocks of san francisco and we see it around union square and in north beach and other parts of the city. this whole areas without in these clocks. so, it's an urban landscape that says i'm in a certain way. this project is not consistent with that plan. as this board knows, it has the ability and legal

authority and discretion, to amend a land use plan to accommodate a project that is found worthwhile. that cannot happen here. that is an underlying flaw of very significant fundamental flaw with this project, and it precludes approval of a tentative map when there's an inconsistency with the land-use plan. the eir do not look at this issue. with the eir eir said ashley the initial study before even getting to the eir phase, said that when use was not an issue in this project, that, in fact the project was consistent with the redevelopment plan. but it said was that the plan has uses that are prescribed for all the different blocks. the uses, there are primary uses allowed absolutely and are secondary uses allowed if there's a certain findings made that the project is compatible with the land-use plan and necessary for extra things one has to talk about if you want a secondary

use. with the initial study said, that this project was consistent with a nighttime entertainment use. i'm showing you photographs of what mission bay looks like now. that's the hospital. there are joggers and you can see the walkable streets. in the area. i'll find a good one. i'll leave that one up for now. so, the redevelopment plan starts out with policies and objectives and the normal things you would see in a plan with her overall ideas for how mission bay south is opposed to be developed and you get into the specifics of the uses. the primary and secondary uses have to both, as i said, meet the general criteria and the p found to be particularly appropriate, but they also to meet the words of the plan. now, nighttime

entertainment, which is what the ceqa process said this project complied with. basically, it allows dance halls, discos, night clubs and private clubs. historically, in the area of mission bay south there were some small clubs and bars that were of this type. there is no specific size stated for those uses, and so with the initial analysis was by the environmental consultants was that while there's no size limit so there is going to be music at times and there's going to be out called served. it's consistent with his nighttime entertainment use. in comments on the eir, the missionary alliance emma and i believe others, points out that the un usage should not been stoked out of the eir. that this did not fit into a nighttime entertainment use category, and so they should analyze that and if needed, amend the plan. in response to that the response to comments, basically conceded

the plan. said, well, we talk about the sports arena. there's a number of uses for this project. there's office uses an retail and various things, but the sports arena is the thing that does not fit into any of the zoning categories. so, the eir people send responses to comments basically admitted that nighttime entertainment may not encompass the sports arena, and so they posited that they could say that it was one of two other possible uses. one is a use called a public structure or use of a nonindustrial character. they posited that a public use-these are really two things even though presented as one. without getting too technical here at this hour after hours we just spent we explained it in our submittal, but the redevelopment agency years ago, when the ucsf hospital was approved, they use that category

and they called-they do not save as two separate uses either public structure or a non-is australia use. instead it's one category, public structure or use of a nonindustrial character. one category. that a public use is something that is-it's not just use that the people in the community can use. it is actually-that would in fact mean basically any kind of use could be called a public use if that was the definition and that was not the definition and use. it was a facility built by the public, a public agency for its own purposes. so, that kudlow category does not fit. the other category is called recreational building. there is a difference in the definition. is not an exact definition in the plan of what a recreational program is, but recreation is different from entertainment. normally, recreation when a personal activity is used as

opposed to entertainment, when you're enjoying performances by sports team or some other entertainer. if you do look at the types of plan references, the entertainment and recreation , they basically they do not meet any kind of possible definition that would apply to this project. basically, none of the secondary uses apply. the response we heard from oci i ashley mr. morale spoke at the oci hearing was that the reader government agency or suspects her agency has the discretion to interpret its plan and also to take action consistent with the overall goals of its plan and so. respect the, that's not what the plan provides. the overriding policy in the plan,

but you also do specifically comply with zoning. this board makes that happen all over the city, and why would it not amend this plan to make this arena fit.. there is a concession that arena-if you look at the 1998 eir for the redevelopment plan, you say nothing at all remotely of this type or scale of this arena in that plan, and it's not consistent with any of the history criteria that's trying to be finagled into. in light of that, the tentative map is a problem because you're finding is consistent with the second reason the route development plan c is claim not to be a nighttime entertainment or a recreational building or a public structure or use of the non-industrial character. none of those things that. so, in order to comply with a lot you need to amend the reader government plan to accommodate this project did it should've been studied in the eir. i know you party, appeal wanting, but that was one of the strongest bases remains a very strong criticism of the er. not only

was there an assumption that the secondary use put into the nighttime entertainment category wasn't even discussed in the eir out. we scoped out and this is one of the problems with this project, is that you've heard about the problems with access to the ucsf medical center and the problems with transportation. there is also the problem with the big change in the character of this planned community that was issued bay south, and while that can be changed, it is a significant change. you lose the blocks. you lose the walker. useful character that was planned for the air. if that were to happen, it needs to be studied and it needs to be something that is amended so that the plan fits as opposed to a pretense that in fact this project was contemplated or some help within the scope of the 1998 redevelopment plan

that still everyone agrees, is the controlling document here. thank you. >> actually 51 second to say to supervisor speaking, i reference to that new whole >> can i finish >> supervisor kim >> your doctors found >> thank you, supervised i did mention the case in the short letter. what i said was, what i referenced the supreme court made a landmark decision just last week. if the center for biological-discussed but my comment was not about greenhouse gases which is what- assuming that was what i talk about it was an overarching thing that that is a very-the project has been pending for many many years. a huge project in southern california. there was the subject of the supreme court decision. a dissenting

justice said were going to require additional ceqa review. that's a hold of a great project and look at what we are doing what the majority of the court said, clearly, is that when you're looking at ceqa you don't look at dewey really want to project? do we like the project we wanted to happen quickly? first, you have to enforce ceqa and the court took a strong position on that that you look at ceqa enforcement >> if i understand your argument is saying the cities rushing because the project they want to see and that this is the similarity you're trying from that case? but with the actual reason the justices decided to set aside this project? they said the city was motivated because they like the project so much but what were the actual reasons they listened that you think are similar to this appeal? >> just to be clear the city court didn't say the city was

motivated necessarily. the court said is one very senior supreme court justice that was a court same look at what were deemed were holding up after reading the record the court said is like a great project at this particular justice ensure many people do. he said i'm a good leader courts are looking at ceqa we don't look at it's a great project. >> i don't think what the board is looking at either. you still have to have an actual something to hang on to say that the environmental impact review is not adequate. what was the reasoning the court found you felt that they could also find in this case speak we >> in that case they found a problem? that you can think you can find this case before today not all the reasons they overturn new hauler set aside newhall but which one of the reasons you feel are relevant to the golden state arena speak we >> i appreciate you allow me to explain supervisor speaking. my claim was that the omission

they alliance, it appears to be an alliance that this has been rushed through. why would they amend the redevelopment >> nobody is saying were rushing to this project. so by good boy is coming to san francisco, we still have to ashley list legitimate legal issue that would enumerate by the justices when they set aside newhall ranch case and how that is similar to the one that is before us today if you want us to overturn the certification with the tentative map appeal. >> respectfully, i think there's an issue that overlaps. that is the one overlapping issue that the court's statement applies across the board to every ceqa case. that was my point in terms of the specific issue there's a greenhouse gas issue party her discussion of the technicolor said that that the business as usual i'm not an expert. that's

not my area but that that's the specific issue we now believe is going to be controlling in this case there is a difference of opinion among counsel but yes, that greenhouse gas issue is common to both >> what ms. warne addressed >> yes. yes. b2 i believe bring up alone that the courts have said the city rushed through this process because they're so excited but they actually were able to lean on legitimately legal issues with the ceqa approval. i think you have to be able to lean on the same justification. >> the court did not say the city recipient i'm sorry from not being understood well supervised. >> i understand what you're expressing is that the justices appointed out that reason alone is not why we should approve and eir and i agree with that, but then there should actually be some legitimate legal issues you point to in the newhall ranch case that are similar to the case before us so that we

would consider overturning certification. >> for my last event i would like to say that we have presented a lots of incremental issues and of our mental problems. one of which is the failure to address land use inconsistency >> one of the reasons the justices set aside newhall ranch >> no it's not about your rent >> what would you actually -what amendment would you make to the plan or what zoning which you convey on this project that you feel would be more appropriate than the one that the city is utilizing now around nighttime entertainment? >> the redevelopment plan has another different zoning classification. none of them fit. what have to be done as a new category a new exception made for this project nuts within the city's discretion if other ceqa-? in the larger planning code that they could reference it?

>> since they proved att but i'm just big enough atop my head is probably something i can sure. were not doing the disparity and a map appeal or any other place in this record that we don't think there's a way to have zoning to accommodate this arena. the city has discretion to apply zoning and special zoning for special circumstances. so, it's been studied and mitigated at such. that has not happened here. i'm insane rushing am not accusing anyone. it's hard to understand why there wasn't an amendment made because this is not fit any reasonable interpretation and in fact i believe the city has conceded that when i try to fit it into other categories that, in fact, simply don't fit. so, take a little more time is what we are asking. take some time amend the plan of the other issues we brought up that are not appropriate to bring up under the tentative map, but this one is appropriate. to take the time to avoid this kind of argument, and to everyone else

in the city has to comply with zoning and certainly something you said at the beginning supervisor kim that this is going to change this whole area. positive and negative ways. there's a concession there are significant environmental impacts to this project. everyone agrees about that. so it should be done in the >> speaking >> thank you. >> seen you have no other questions supervisor speaking, i will open this up to public comments for those who want to speak in support of the appeal. you have 2 min. each. see no members of the public for public comment >>[gavel] >> anyone else? please line up to my left >> are we talking item 64? in opposition to the preparation for the tenor final map correct? 2 min. >> yes

>> as my name is rodney from mission hill it makes a lot of sense. she was stating the other cases. it seems like she's saying were not really trying to accuse you could. in a way, it looks like you're rushing things are being rushed through because you're not going to the letter of the law in really technically doing what you're supposed to be doing. as far as the review process. so commission makes a very eloquent point here. i have seen this with the opposition is trying to really root out this really cleanly that you're going to try to

build a major project like this and it seems like you want to put this project and there's a lot of opposition. so you're trying to [inaudible] getting clear and it seems like it's not being adjudicated very clearly and cleanly. it seems like a rush to make it actually seems like a rush. my thing is, why wasn't errant pesky in here about people i think he could've gave very clear light to assist you supervisors in this process. there's a lot of work to be done on behalf of the warriors, but the opposition is not even, i don't think they want to deal with the warriors. i think there's a lot of opposition out there and i think were getting a fair shake it? >> any of the members of the public would like to make public comment at this time see

no public undisclosed >>[gavel] ? will now have to >> woman about to 10 min. of two presentation for department of public works for their decision to approve the tentative map. >> good evening matter president and board members. my name is paul-have a public works. with the agency proving the tentative map. ultimately procedural history and in turn this over to my colleagues at oci for any further comment. on march 9 that apartment received the tentative map application. as you all may know the map application is largely administer real decision. governed under the subdivision map back in a local ordinance and regulations. the application was processed and in conjunction with other infected city agencies on october 28 we held a public

hearing. there was no comment received either for or against the project. on november 6 we received oci i letter of consistency. which the appellant has basically basing their appeal on. on november 12 we issued our tentative map approval. it was a conditional approval. we have about 37 pages of detailed engineering type requirements that are associated with this project. as part of that incorporated the monitoring mitigation and reporting requirements. the other requirements of environmental impact report. on december 2, oci i provided to our department a copy of a letter responding to this particular point the applicant has raised. the boy has a copy of these already, so i won't elaborate further, but if there's any further issues that

-would like to state a minute trying remainder of our time over to them. >> good evening board members. tiffany boley executive director of the office of community investment and infrastructure oci i. the golden state warriors project is consistent with the mission bay south wiedemann plan. that determination was made based on a full review of the proposed land uses and the physical improvements for the golden state warriors project. we considered at a public hearing on november 3 staff recommendations, public testimony, for find the redevelopment standards for when use consistency. that secondary a man land-use determinist included the golden state warriors project good secondary uses that generally conform with the redevelopment of objectives and planning and design controls. it makes a positive contribution to the project area and provides necessary desirable and

compatible to vomit the neighborhood and community. as the pound in her materials, she pointed out a picture of the mission bay hospital. the approach i just described, the formal redevelopment agency, apply those raising secondary use standards in order to find a conformity with the redevelopment plan for mission bay hospital. so, without i like to turn it over to jim aroused to provide additional information in support of the land use consistency determination. >> mr. murawski my wiedemann, could you address the issue ms. -pardon about the land-use zoning. >> general counsel oci i. first, i want to point out that the alleged inconsistency with the redevelopment plan was

raised several times and actually was essential part of the challenge to the eir that you just resolve. in favor of the eir. other members of the legal team raised this issue in written comments, and letters to the oci i commission before it made its decision. every time that these issues were raised, oci i staff director, address them. at least that this question has already been raised and asked and answered and this is getting in another attempt to try to challenge on grounds that it already been resolved. opiate in the context of the subdivision map appeal.

i just want to walk you briefly through the redevelopment plan and the process we follow. director bo he is tomorrow. as you know the redevelopment plan is a 30 year plan for development in blighted areas. adopted by the board of supervisors in 1990. obviously, as a 30 year plan to encourage and authorize development in an area, it was broad in scope and gave significant discretion and authority to first, the redevelopment agency, and then when it was dissolved, to the office of community investment and infrastructure. when the state dissolved the redevelopment agency, it did not dissolve the authority under this development plan. in fact, the state found that completion of the mission bay south project area was an

enforceable obligation that survived the dissolution of redevelopment and that conferred upon oci i, as a successor agency, the complete authority of the redevelopment agency to complete that project. the redevelopment plan itself, as you know, land-use and zoning consist not only of use but also of the limitations on physical improvements in the area. the event center meets the standards of the redevelopment plan, the basic land-use standards for the redevelopment plan in terms of the height of the ratio and other basic elements of the zoning scheme that are outlined in the redevelopment plan. in addition, the plan allows for the agency to through its

executive director to determine whether particular uses a secondary uses should be allowed. the event center itself has certain uses, proposes certain uses that are actually principal uses. most notably, arts activity in spaces which are principal use in the redevelopment plan good there are certain events and activities at the event center that fall into the principal use category and don't need a second or use determination. the appellant, however, is challenging the decision of the oci i executive director. that was heard before the public hearing on november 3, that the event center consisted of four secondary uses. nighttime entertainment, recreation building him a public use, and a use of a nonindustrial character. each of these identified as allowable uses and are permitted if the

director makes a finding that the secondary use is consistent with the redevelopment objectives in the redevelopment plan and is consistent with basic land-use of the redevelopment plan, and also, that secondary use has a-makes a positive contribution to the project area and that the size and intensity contemplated is both desirable and necessary and compatible with the neighborhood. the director had an extensive set of findings that were proposed. it was a public hearing on the matter, and in a extensive documentation that is part of the record in secondary use determination, the director found at the public hearing that the secondary use was

allowable. nighttime entertainment was identified early on, back, i believe, in october-november last year. the initial study as one of the allowable land uses for the event center. oci i has never deviated from its consideration that indeed was an appropriate allowable use. nighttime entertainment includes particular uses, discotheques, dance halls, private clubs. there is no size imitation on those uses. and the definition of nighttime entertainment says that other evening rain dated nighttime rain dated activities are allowed. it was that basic definition that was interpreted by oci i to embrace and include

the event center. in addition, we looked at the definition of -these all fall under the broad category of assembly and entertainment, which there's no question that the event center falls within the category of assembly and entertainment use. another such use was recreational building and it is true that the redevelopment plan does not provide a definition of recreation building, but look at comments and definitions of what recommendation recreation building could include. it could include not only athletic events in which people participate but also observed. using that definition the oci i found another basis for secondary use. in addition, the public nature of the building, the fact that will be used for a variety of events that of the important and significant to the community, not just

athletic events but also potential convention type activities, other types of meetings, arts and activities, those are also included within a public use designation. finally, use of a nonindustrial character and clearly this is not an industrial use. ms. grant hall was referred to the street grade of the mission bay south that is in the plan. mission bay south street and the-proposed that area are guidelines with specific climates are not required >> thank you mr. murawski at supervisor kim >> mr. murawski my mr. murawski my summary notes from planning the zoning wheezed for

the giants stadium at mission bay north? i hear both arguments. i could see how for some folks in their reading of nighttime entertainment use this arena might seem like a significant departure, but doesn't like the definition is broad enough, as you mentioned. there's no attendance or participant limitation in nighttime use that you could conceivably put an arena in this category, but i'm curious if we did apply specific use? to the giant stadium? >> supervisor kim, at the time the site of at&t ballpark was not in a redevelopment plan area. it wasn't-it was outside the boundary. so, at least the

redevelopment agency at the time in the proposal was to put it into a redevelopment area. it cannot be done without an amendment >> but it did get the zoning, right? >> when the plan-when the ballpark >> weather was planted on or read about what was the zoning assigned to the giant stadium? >> was a particulars zoning that was amended to include the boundaries of that particular site. so, because the boundaries were amended it was a particular zoning use for the ballpark. that was established. so it was unique and specific designation for that part out use. here, we do not have to do that because the site is already in the redevelopment plan and there are provisions in the redevelopment plan to allow for secondary use. such as this that would allow