Thank you madam chair. The first order of business is item no. 1 roll call. Commission members, please respond when i call your name. Commissioner man da har is absented. Commissioner singh. Yes. Commission busto. Yes. Malled m chair gonzales. Commission manned har is absent. All others present. Commissioner 2 a the next regularly scheduled meeting of september 16, 2015. Will be held at 1 p. M. City hall room 416. B announcements of prohibition of sound producing Electronic Devices during the meeting. Please be advised that the ringing of and use of cell phones and pagers and similarly sound producing Electronic Devices are prohibited at this meeting. Please be advised the chair may order the removal from the room for persons responsible for sound producing Electronic Devices. C announcement of time allotment for Public Comment. Please be advised a member of the public has three minutes to make pertinent Public Comments on each agenda item unless the Commission Adopts a shorter period on an item. It is strongly suggested members who wish to address the commission fill out a speaker card and submit that card to the commission secretary. The next order of business is item 3 report on actions taken at a previously closed session meeting if any. There are no reportable actions. The next order of business is item 4. Matters of unfinished business. There are none. The next order of business is item 5. Matters of new business consisting of consent and regular agenda. First the Consent Agenda. 5a. Approval of minutes for the regular meeting of july 7, 2015. Madam chair. Yes, thank you. Do we have any speaker cards for this item . I do not have any speaker cards. Okay. Commissioners, we have minutes of inaudible . Thank you. Commissioner singh moved. Sec. Commissioner busto seconded. Please call the roll. Commission members please announce your vote when i call your name. Commissioner mandahar is absent. Commissioner singh. Yes. Commissioner busto. Yes. Madam chair asalz. Yes. I have three ayes and one absent. Okay. The Consent Agenda is adopted. Please call the next item. The next order of business is regular agenda. 5b. Adopting environmental findings pursuant to the California Environmental quality act. And authorizing the dpektive director to accept the navys tender of parcels d 2, uc 1 and uc 2 of the highest point naval shipyard. And authorizing the Fourth Amendment of the income lease with hps development company. Lp, Cp Development company. Lp, Hunters Point shipyard. Redevelopment project area. Discussion and action, resolution no. 542015. Madam chair. Madam director, im sorry. Thank you madam secretary. Good afternoon to the commissioners and good afternoon to the members of the public. Thank you so very much for joining us. Commissioners, the item for your consideration today really is a product of decades of work and it truly is a potentially a momentous consideration if you approve this action today, which is the transfer of property at Hunters Point shipyard. Its been well over a decade since the last transfer was approved. Since that time weve engaged in a process with several regulatory agencies the navy and other third party and redundant reviews as done by the San Francisco department of Public Health as well as our independent environmental consultant lang tread low willow to ensure the property here before you, which is about 14 acres, which form the backbone of the infrastructure for the land plan thats been vetted and approved and approved by the voters really is the spring board for the balance of the development as well as early seating from innovation corridor. Weve taken all due appropriate due diligence. And now are ready before you for you to consider these actions. So with that id like to ask han zen drew whos the Hunters Point candle stick point senior. And shell also drew other members of the team here as well. Thank you executive director bohi. Thank you gonzales and other members of the commission. Id like to thank members joining us today. Including doris, vincent and marry booker. We are also joined by amy from the San Francisco development of Public Health and christina lane of our independent contractor environmental consultant. Lain tread will and low low. We are joined by patrician mcfad p from the u. S. Department of navy. Jackie lane from the United StatesEnvironmental Protection agency. They are the lead Environmental Agency on the clean up. And we are also joined by sue hail hoe da from urban Master Development partner. To provide a quick overview as we all know in 1974, the United States navy closed operations at the shipyard. The shipyard was then placed on the comprehensive Environmental Response compensation and Liability Act circa in 1989. The federal facilities agreement was enter into between the navy and the regulatory agencies in 1992. This agreement allowed the clean up work at the shipyard to begin. And then in 2004 the conveyance agreement was entered into between the navy and Redevelopment Agency now ocii. Also in 2004 the navy transferred the first hill top and hillside along the first phase of development to the Redevelopment Agency. And now for the First Time Since then the three additional parcels uc1, uc2, and d2 are ready for transfer. So in terms of the agenda, my presentation, im going to provide some background olt parcels that are now ready for transfer and go from the steps required to go to the conveyance as well as give overview documents required to execute the transfer finally overview of next. indecipherable . Sorry. Yes. Slow down a little. Ill slow down. [chuckling]. Trying to get in under my 20 minutes. So to provide some background on the parcels, uc1, uc2 and d2, here they are in context of the development. You have candle stick here along with the shipyard. And on the left side of the screen is the transfer schedule for the parcels as you can see a and a 1 have already been completed and the future conveyance schedule is listed there as well. The into the shipyard side of the development project, here in red, yellow, and orange are the three parcels that are ready for transfer. Specifically looking at parcel d2, this parcel is comprised of approximately six acres. It includes building 813 currently. And it will be developed in the future into commercial development specifically research and development uses. Next parcel is uc1. Which is comprised of four acres. Uc stands for utility corridor. Sto that means its currently roads and infrastructure thats used on the shipyard. And its use is similarly commercial development, research and development. And finally we have parcel uc2. This is 4acre site, which is similarly a utility corridor kurnltly comprised of roads and infrastructure. It will be developed into mixed use including community facilities, specifically a part of the future artists studio building will be developed on parcel uc2. And it will additionally include some residential properties. The parties to the transfer are of course the United States department of the navy. Theyre the current land owner of all the parcels on the shipyard with the exception of parcel a, which was transferred in 2004. The u. S. Navy is responsible for all the Environmental Remediation thats happening out at the site. The office of Community Investment and infrastructure is another party to the transfer. We currently own portions of parcel a. Should this be approved, well become owners of uc 1, uc 2, and d 2. And then our Development Partner will develop the land they receive from ocii through the process outlined in phase 2 position and development agreement. Additional folks who are parties to the transfer are the regulatory agencies. Those include the lead agency, the u. S. Environmental protection agency, and in addition to the California Department of toxic substances and control also known as dtsc. Also Regional WaterQuality Control board. Their responsibilities are to approve ceqa nn and then after transfer they do have ongoing monitoring and enforcement responsibilities. Other involved agencies include the California Department of health. And of course our own San Francisco department of Public Health. The San Francisco dph reviews and comments all remediation documents and reports leading up to the transfer. And then they do have continued oversight after transfer through article 31. This is my favorite slide, which i have stolen from the department of Public Health, which demonstrates just how iterative the process of conveyance leading up to the clean up is. The arrows represent the various ceqa decisions that must be approved in advance of conveyance and also show opportunities for Public Comment and discussions with the regulatory agencies. Brings that diagram out and parking it, there are these are the documents that are really fundamental to the conveyance. So, as i already went over, the fall facilities agreement and the conveyance agreement, the ceqa final remedial design which includes the land use control remedial design, remedial action completion report and this all leads up to finding of suitability to transfer. After transfer, the covenant to restrict use of property or indecipherable xp and Risk Management plan are critical documents. Going into more detail about which regarding these documents the federal facilities agreement was entered into in 1992. The parties to that agreement are the navy and regulatory agencies. And this document established the framework for the schedule developing, implementing, and monitoring the appropriate remediation actions that are required in accordance with ceqa as well as other appropriate state and federal laws. These ceqa documents that are overseen that are part of this process include the record of decision, which identifies the clean up method that the navy will use. The final remediation design, which includes the land use control remedial design. And that document describes the clean up method that will be implemented at that point thats actually just created that is shared with the public before any work begins. The remedial action itself is the work that is performed by the navy in accordance with the remedial design, which leads up to a completion report. The remedial action completion report or racr. This document describes the clean up axtivities. Review and provide comment on this report and the navy is required to address any concerns the have. And then transfer or sof outlines clean up that will transfer with the property. This document must be reviewed and agreed to by the regulatory agencies. inaudible . The conveyance agreement the parties to that are the former Redevelopment Agency now ocii and the navy. This agreement sets a specific clean up standard that the navy must comply with per the Hunters PointShipyard Redevelopment plan. And it requires the navy meet those clean up standards in advance of offering the parties to ocii for acceptance. The conveyance, which is in front of you today, has three conditions to it. The first is that the navy must determine the planned development will not present a risk to human health or safety and that the property has been remediated to the level described in the conveyance agreement. Second, the regulatory agencies must conquer with the navys determination that the parts were suitable to transfer. And lastly the navys quitclaim deeds must be consistent with agreement and acceptable form to oci smed. So to walk through each of those, the first is that the navy must determine that the planned development does not present a risk to human health or safety. And that the property has been remediated to the levels we all previously agreed to. The navy makes that determination through the fost finding of suitability to there have. Fost was issued in 2012 and parcels for uc 1 and uc 2, the fost wassished in march 2015. Concur with the navys ready to transfer. They do this through a concurrence. For parcel d 2, the regulators published their concurrence in 2012. And for uc 1 and uc 2, the navy concurred with the forest in 2015. The last code and condition is navy quitclaim deeds must be in acceptable form to okci itched. Reviewed krit claim deeds for all three parcels and we have found them in conveyance with the. So after transfer, there are certain functions that are put in place to ensure that the parcels are handled in a way that is protective of health and safety. And the first of those is through the department of Public Health. And article 31 authority. That permits the San Francisco department of Public Health to review all permits for consistency and compliance that the regulatory controls. Ask they continue to monitor and force these regulations during building. Actually sig toir to permit closeout before any occupancy of development on the 14eu7 yard. There are also land owner responsibilities, which ill go over in detail. And those are to first comply with the covenant and deep restrictions. Those two have the same requirements. So im just going to go into the krup. But note that the Deed Restrictions mirror whats required by the krup. And also future land owners must comply with the Risk Management plan for development activities. After transfer, the navy does still have continuing responsibilities. First they are responsible for any clean up thats required after transfer. So should any unforeseen or unanticipated spots become noticed, the navy would be called in to do a remedial action on those. Theyre also required to continue, maintain, monitor and report on ground water dispp and finally for future parcels, which isnt applicable to the parcels in front of you today, theyre required to perform shoreline protection. And continue to monitor engineered caps on shoreline parks and the land itself. So more details on that covenant to restrict use of property. This is a restriction that will come with exclusively parcels uc 1 and 2 and not d2. The responsible parties for this are the future land owners. And its overseen and implemented by the California Department of toxic substances and control. California dtsc, who is one of those ssa sig toirs. The krup is incorporated by reference into the deed and obligates fiewrnlg land owners to certain tasks that safety. Require future land owners not to grow edible vegetables in native soil. Use the ground water, or do activities that stir up the durable cover or any monitoring rules. In addition in designated areas, future development will be occupancy of future development will be restricted unless those new developments are designed in a way to mitigate for soil vapors. And finally, future owners are required to annually inspect and report on compliance with these restrictions. Inspect, maintain, and repair the durable cover in accordance with the maintenance plan. Theres also a Risk Management plan. The future parties to that are the future land owners. And it applies to parcels again, uc1 and uc2 but not parcel d2. This document requires regulatory agencies certain. On the property. If these protocols arent followed. If the activities would fall outside that rnp, then the developer would be responsible for seeking approval of a separate work plan. So the activities are permitted under the rnb are excavation and grading of area less than one acre. Excavate right of away for repair and maintenance of underground utilities. The demolition of hard scape hard scape would be the durable cover. If it is removed, it must be reinstalled. And lastly Horizontal Development has been improved, then vertical development may proceed. So a key to ocii in moving forward with this transfer is a Fourth Amendment to the interim lease which is also in front of you for your consideration. The interim lease is an agreement between ocii and our Development Partners that defines Property Management responsibilities to them. This amendment will additionally assign Land Management responsibilities to comply with these regulatory requirements for future land owners, including of course compliance with the krup and Deed Restrictions. The developer would be responsible to on ocii behalf conduct annual inspection reports and provide any payment of fees due to dtsc or the regulators and additionally our Development Partner would be responsible for the durable cover, maintenance and repair. So in terms of next steps, we will be working to complete the transfer of the parcels with your approval today. And well additionally endeavor to execute t