tv [untitled] October 28, 2014 5:00pm-5:31pm PDT
requirement that we actually hold this hearing. and, so, i'd like to move that the hearing remain open, but that because there is the pending quiet title action that we actually continue the discussion but pending what happens in court and there will be a need for additional briefing from the parties. so, the motion is to continue the discussion to keep the hearing open and to continue the discussion to i guess december 16th. would that be appropriate, city attorney's office, or should it be a longer date? >> deputy city attorney jon givner. as i understand it, the parties will have their first case management conference in superior court well into next year in march. the board isn't bound by that schedule. i understand from conversations
with you, supervisor, that you're potentially interested in hearing from both parties as to -- in writing as to how the board should decide this matter in the context of the subdivision map act and our local subdivision code. so, perhaps if the board continues to december 16th you would request that the parties submit something in writing before that date. >> okay, great. so, with that in mind, with the understanding that the parties would submit something in writing to this board, i would move to continue the discussion and move this item to december -- is not this item to december 16th. >> so, supervisor campos has made a motion to keep this hearing open to continue this item to december 16th and request that the parties, any briefing materials the party would like to submit, second by supervisor mar. colleagues, any objection to the motion? without objection that motion passes. [gavel] ~
>> let's now go to our second item. madam clerk, can you call 24 through 26? >> [speaker not understood] pending approval of item 33 for a public hearing to consider the proposed resolution, the subject matter of item 25. approving provisions of a variation decision by the commission on community investment and infrastructure modifying the outside affordable housing requirement for 181 fremont street in the transbay redevelopment project area. item 25 is a resolution of the board of supervisors, acting in its capacity as the legislative body to the successor agency to the former redevelopment agency of the city and county of san francisco, approving provisions of a variation decision by the commission on community investment and infrastructure, modifying the on-site affordable housing requirement for 181 fremont street in the transbay redevelopment project area. mr. president, would you like me to read item 33 as well? >> sure thing. >> item 33 is a motion scheduling the board of supervisors to sit as a committee of the whole, acting in its capacity as the successor agency to the former redevelopment agency of the city and county of san francisco, on october 28, 2014, at 3:00 p.m., to hold a public hearing to conditionally consent to the provisions of a variation decision by the commission on community investment and infrastructure modifying the on-site affordable housing requirement for 181 fremont, consisting of two parcels located on the east side of fremont street, between mission and howard streets, in the transbay redevelopment project area.
~ 118 fremont street. >> colleagues, let's first take item 33 so we can sit as a committee of the whole. we have a motion in front of us. is there a motion whether we ought to sit as a committee of the whole to consider this item? seeing none, public comment is closed. [gavel] >> on that motion, madam clerk will you call the roll? he supervisor cohen on item 33, cohen aye. supervisor farrell? farrell aye. supervisor kim? >> aye. >> kim aye. supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor yee? yee aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. there are 11 ayes. >> the motion is approved. [gavel] >> and with regard to the hearing itself, item 24, let's open up this hearing. let me first ask supervisor kim if you have any opening comments. >> thank you, president chiu. colleagues, before us today is
a modification to the transbay redevelopment area plan that would permit the outcomes of the negotiation that that's been undertaken between ocii and the developer at 181 fremont. so, to give a little bit of context to the decision before us today, when the transbay redevelopment area plan was initially passed, we require on-site development of any below market rate units, affordable housing units within the envelope of the building itself, and that included 181 fremont as well. 181 fremont is a slightly different development in the sense it is a mix of office and residential with all of the office space on the bottom half of the building and all of the residential on the top half of the building. because of that even though the building is quite tall, only 11 units of below market rate housing was requirement -- was required in this agreement due
as the exact percentage of all the market rate developments -- sorry, market rate units that are being built on this development. the developer did request the city if he could off-site these units to another site within the transbay area plan. after lengthy negotiations, what has come before us is a modification that would allow the developer to off-site, but instead of paying the fee that the developer would have normally paid in the mayor's office of housing requirements which would have been $5.5 million, the developer has now agreed to pay $13.85 million instead. as a policy member -- as a policy preference, i always prefer inclusionary units to be built on-site and, in fact, any time a developer comes that is building rental housing here in san francisco, our office makes it clear that we would like the affordable housing units to be built on-site. however, in this specific case
where we are building for homeownership, we find many of our luxury housing or multi-unit apartment buildings throughout the south of market that while our residents can afford to pay the mortgage, because the price of the housing is based on income, they often cannot pay the hoa fees that are associated with that, hoa fees can be a couple hundred dollar a month and they can go all the way up to actually $4,000 it a month. in this case the developer is expecting the hoa fees to be at least $2,000. because of that we were open to negotiations. and after the outcome of it where the developer agreed to pay $13.85 million, we were able to renegotiate on the ana for another development two blocks away on the corner of fremont and folsom being built by related and tenderloin development corporation. to allow them to build 69 additional units of affordable housing instead of the 11 that
was initially committed to in the 181 fremont deal ~. now, as you all know, the transbay area plan has a goal, a fixed goal of 35% affordable housing. this is the highest in the city and it's designed to ensure that we have a mixed income diverse neighborhood. we already have built one 100% affordable housing project in this area. the [speaker not understood] apartment, a supportive housing project for residents that were formerly homeless and we also have another project underway being constructed by both mercy housing and [speaker not understood] development which will be mixed use. within the project area will be affordable housing for people making between zero and $55,000 a year for a family of four. in the area we also have plans for affordable ownership housing up to 100% ami or $81,000 a year for individuals for an individual or $97,000 a year for a family of four.
now, i want to reemphasize that under our current fee structure under the mayor's office of housing, the developer would have only paid $5.5 million and, yes, while 11 units with million dollar views would have been awesome, weighing that with building 69 additional units of housing where we wouldn't have to worry about whether residents could afford to pay an hoa fee felt that was the right direction to go for this area plan. now, i also want to explain the hoa policy. our office explored whether we could look at tiered hoa fees based on north korea. so, if you're in a below market rate unit you would pay a lower rate of homeownership association fees versus those that are paying market rate. what we discovered, though, in that investigation is that via state law we are prohibited from making any local ordinances that would require a subsidized or lower hoa fee. what is also exciting about this negotiation at the end of the day is that our office has
been working with the mayor's office of housing and the mayor's office to explore tiered in-lieu fees. this negotiation absolutely sets a precedent for that type of policy. we know that a waterfront condo should not be paying the same off-site fee that perhaps an 18-unit residential building in the excelsior should pay. this sets a policy preference for understanding that we should look at the value of the condos that we are building and when we do off-site fees versus just letting everyone pay the same fee in and of itself. so, again, i want to emphasize that this negotiation will allow us to build 69 more affordable housing units, a net increase of 50 new affordable housing agreements and that we have also executed an exclusive negotiation agreement with related ntndc to ensure that these units will be built on block a, and this building will again be designed by oma and the ferguson architects.
i want to express my support for the agreement that is before us today and, colleagues, i hope that you will join me in my support. we also have kevin guy from the planning department as well as courtney pash from ocii. ~ if board members have any additional questions. >> thank you, supervisor kim. why don't we now go to presentationses from our city staff. >> good afternoon, board members. i'm courtney pash, the office of community investment and infrastructure active project manager for the transbay bay area project. supervisor kim pretty much covered everything that i would say about this project. ocii is supportive of it. on october 10th our commission voted unanimously to approve a variation from the redevelopment plan to allow the developer to pay the $13.85 million fee in exchange for converting 11 of the on-site
affordable housing units to market rate. on october 16th the planning commission unanimously approved an amendment to the 309 approval and conditionally approved the development agreement with the project sponsor. i also want to point out that in the development agreement the project sponsor has agreed to support the community facilities district and to vote in favor of it and even to pay a tax in lieu of the fee if the fee is not formed at the time of tco and this project sponsor has, in fact, been supportive of the csd from the very beginning. so, in the interest of time i'll conclude. i am available for questions as well as kevin guy and tiffany boeing aloe, the executive director of ocii. ~ >> colleagues, any questions to city staff? ~ bogey okay, seeing none, unless there are any other presentations from city staff, why don't we open it up to public comment.
any members of the public wish to comment on this item? you know, dell see more. i've been kind of following this project and i'm not necessarily a big fan of putting the -- relocating those units in this neighborhood because the problem is if you have a very low-income or no income folks, they can't afford to shop in the neighborhood. so, i'm still in favor of relocating it to a neighborhood other than that. and that's a great idea, if we can tier down the homeowner fees that's a really good idea. and i know the state regulates that and maybe one of our members on the way to sacramento real soon could help out on changing that legislation in sacramento. because that would be a great idea if we can still stay by that policy and tier those homeowner fees. thank you. >> next speaker. hello, my name is edmond jucee larry edmonds.
i noticed you suddenly went from 11 apartments to 69. i think it's always good to increase more affordable living in san francisco. but also i know i live in a [speaker not understood] and i want to make sure any building they build there's safety, we have a lot of building and abuse going on there. so, just like to [speaker not understood]. she he hit my head with a cup. we want to make sure houses are affordable but safe. things like in some of these building tndc house, people are overlooked constantly. they have us covered up now to four months where we cannot even breathe in these buildings. so, it's very important that i know tndc have a lot to do with the -- what's the lady's name over here? the black housing. it's very important that housing is safe and tndc, i know they are good in providing different forums to housing the sios and stuff, but safety is
something that our city must make sure your house is just like you need to protect the people who write the tickets. san francisco is not taking safety from people who making zero to 81,000 lower income where they're living inside or outside. so, i hope that's also, since they will have a view, you do want to be safe wherever you live. if you're not safe in your house wherever you live in san francisco, those things need to be dealt with a healthy solution. thank you. >> are there any other members of the public that wish to speak in public comment on this item? public comment is now -- please step up. ~ on this item. i think as a citizen, everyone, [speaker not understood], should show loyalty to our president to the united states of america, to show [speaker not understood] loyalty to the national [speaker not understood] american government without any exception.
thank you. >> are there any other members of the public that wish to speak on this item? seeing none, public comment on this item is closed. [gavel] >> supervisor kim. >> i just wanted to clarify again the point that was made by a memorandum beryl of our public, it is actually required by state law that these affordable units be built within the transbay area plan and they cannot be off-sited to a different neighborhood like the tenderloin or something that we explored initially, but we can't do it via state law. ~ member of the public again, we have 120 units for the formerly homeless in the transbay area plan already. it's all built, the individuals have already moved in. and it's great to be able to build a mixed income neighborhood, but i do understand the concerns about individuals being able to shop in the neighborhood that we're in. we do have a specified agreement with tndc and related. i know that there are concerns that these affordable housing units would not be built and that it was a commitment by the
developer that this money would be spent or go towards the city's jenna fordable housing trust fund and that was reported in the news. but that is simply not true. these dollars have been allocated specifically for a project two blocks away and that project has -- that project agreement has already been execute and had that project will be built. thank you. >> thank you. colleagues, on these items, 25 and 26, can we take a roll call vote? >> items 25 and 26, supervisor cohen? cohen aye. supervisor farrell? farrell aye. supervisor kim? kim aye. supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor yee? yee aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. there are 11 ayes. >> these ordinances are passed
on the first reading and resolutions adopted. [gavel] >> and with that, madam clerk, why don't we go to roll call. >> first up to introduce new business, supervisor kim. okay, supervisor mar. >> i just have something really quickly to give to my colleagues. i think the clerk is going to give them to -- my dad used to give us baseball [speaker not understood] on them. i have a ball that -- with my first base man's mitt. i know the game has started 10 minutes ago. my dad wrote on this one in 171 when i was the all star first base man for a little, little league team. and i still carry this around 40 years later ~, but let me give this to colleagues. [inaudible]. and the rest are going around. ~ 1971 it's not going to everyone because some of us have stuff to do outside of the board. there's the even numbered supervisors and the two, one of which will be in the assembly on december 1st.
so, to my colleagues, i just wanted to say good luck. we butt heads on many issues, but i think today as the giants are playing, 6th game in the world series, we're all a team. let's remember that. [speaker not understood] let's be a team as we move the city forward. also really quickly, halloween is coming up and i have a couple of quick announcements. in the richmond district we're riding to work on saturday morning halloween, meeting at the bell a rouge cafe. meet us if you can. bike to halloween day for many in the richmond district. also from 2:00 to 6:00 p.m. on friday halloween, clement street merchants association sponsoring trick or treating along the clement street corridor. join us if you dare. also scary, scary haunted house, it's a tradition, i think it's one of the scariest in the city, [speaker not understood] is pretty good-bye rec and park, but this one is at 22nd and california at the market. it's a basement, you have to
slide down into it. it's pretty creepy. this year's theme is "the lab." so, there will be a lot of interrupting experiments down there in the lab. it's free admission. it goes from 6:00 to 9:00 p.m. also harte baker one of our great bakeries on 15th and clement avenue is hosting a haunted house from 6 to 9:00 p.m., their first year. a brand-new business, please support the haunted house there 6 to 9. lastly 7:00 p.m. balboa theatre on 37th, 38th and balboa is showing -- they've been showing scary movies, but this one is a real scary one. it's trina lopez's documentary of second final rest, the history of san francisco's lost cemeteries, pretty much in my district. it's a history but also scary. it's also short films and other surprises. there is a charge to that, but you can get information from the western neighborhood's project at outside lands.org. the rest i'll submit. thank you. >> thank you, supervisor mar. supervisor tang.
>> thank you. first of all, thank you, supervisor mar. i have to say i'm pretty touched by your gift. thank you so much. that was very sweet of you. first of all, i wanted to a thouctiontionv that i'm co-sponsoring a measure today along with mayor lee and along with supervisors yee, breed, farrell, chiu, wiener and martha would require a comprehensive facade inspection, maintenance and repair of certain buildings that are five stories or more to reduce the risk of death and/or injury that may result from deterioration on exterior facades of buildings. deteriorating facades can pose significant threats to pedestrian safety and this is an issue that was highlighted following the recent earthquake that impacted much of napa. not only does this measure aim to reduce pedestrian safety hazards before following an earthquake, it also serves to reduce post earthquake facade debris blocking first responders priority access routes. so, with that i hope to get the full support of the board on this measure. and the next two i have two in
memoriams. it was incredibly sad last week that actually there were two district 4 residents that unfortunately passed away due to accidents. so, there are two pedestrian fatalities and both were residents of the sunset. one was a louis van belden and he passed away at the age of 87 monday october 20th after being struck by a vehicle on slope boulevard and 43rd avenue across from his home. he was a well loved member of our community and known by neighbors for his friendly demeanor. louis could often be seen around his home keeping his yard, keeping the sidewalk clean, george's deli across [speaker not understood]. he was with his wife and his daughter louisa at their home on slope boulevard. he met his wife in new zealand and they later married at saint ann's church at inner sunset. at one point in his life he
worked as a printer and also for the san francisco chronicle and examiner when they were combined paper. his children attended saint gabriel's school and when he retired he stayed very active and went to the gym three times a week and, in fact, on that monday i believe that he was on his way to the gym. a community member shared that he what very concerned about pedestrian safety, especially concerning children, family, coming, going from the zoo and he observed over the years with the increasing population that slope was becoming more dangerous. our office is currently exploring proposals as part of the ocean beach master plan and our sunset district blue print to increase the safety for all users of sunset boulevard and we want to send our deepest condolances to his family during this difficult time. and the second one happened right outside where we work every day at city hall, priscilla known to many as
prisci maretto was taken to soon us from the 23rd because of a tragic accident right outside. priscilla was born in 1945 in the philippines and she attended the far eastern university institute of technology in manila philippines. in 1972 she immigrated to the united states and married [speaker not understood] in 1974. priscilla worked in the controller's office and for her entire career starting in 1987 as an accountant and dedicated 28 years with the department. she was a senior accountant in the budget analysis division. she will be remembered as a pleasant, positive happy person by her coworkers. she was dedicated to her job and had an outstanding work ethic. as i mentioned she was a resident of sunset district and is survived by her husband, married 41 year, son eric, daughter clarissa, son-in-law
and [speaker not understood]. i know she was fond of all of them. priscilla considered being a wife and grandmother her most important role in life, but she found great joy serving in her parish and community. she what an arktive parishioner of saint gabriel's parish and [speaker not understood]. a gifted singer [speaker not understood] she developed and cultivated lifelong friendship with fellow members of the [speaker not understood] prayer group and the [speaker not understood] club. services were held this morning at saint gabriel's church. again, i do want to send my deepest condolances to her family, friend, all of her colleagues in the controller's office, and for both of these in memoriams i'd really like to request that we adjourn our meeting on behalf of the full board in memory of these two individuals and really encourage all of us to continue our work with the vision zero task force with all of our city departments to improve
pedestrian safety for everyone in san francisco. thank you. >> colleagues, can i request -- supervisor tang has asked we make both of these in memoriams on behalf of the entire board. without objection, that should be the case. [gavel] >> thank you, supervisor tang. supervisor wiener. supervisor yee. >> thank you, madam clerk. i have two item to submit today. san francisco has a commitment to the growing number of families that are choosing to stay in this city. a number of young children is growing, making a huge leap from an estimated 36,300 in 2000 to 47, nearly 48,000 in the year of 2009. in 2012 our city established the office of early care and education and i want to thank once again supervisor avalos
who led that discussion in 2012. to help us meet these growing needs and to help us align and coordinate our city's efforts to provide early care and education for children ages zero to 5, this includes meeting the goals of the city-wide plan for early care and education and out of school time. today i am introducing along with supervisors avalos and kim an ordinance to reinforce the duties of the office of early care and education and to establish a citizens advisory committee to help with the development of a strategic plan, to improve access for our young children to high-quality early care and education. the office of early care and education citizen advisory committee will be a nine-member body that will represent a
cross-section of parents, early care and education providers, experts, and advocates to help advise the director of the office to help our city expand early education for all and to offer expertise to the areas of policy planning, collaboration, and strategic partnerships. so, the second item that i would like to make comment about, colleagues, given the tragic events that occurred last week in front of city hall as referenced by supervisor tang, i have asked the city attorney's office to review and amplify -- review the amplified sound guidelines as it applies to our tour vehicles. i am hoping this will result in either moving forward
legislation to prohibit drivers from acting, also as a tour guide, while actively driving tour vehicles or to either enforcing laws that exist. again, i would like to extend my deepest condolances to family of priscilla [speaker not understood] and do everything in my power to see it doesn't happen in the future as a continuation of our efforts to meeting our goals for vision zero. the rest i submit. >> thank you, supervisor yee. supervisor avalos. >> thank you. i just wanted to say submit. go >> aye. giants. >> thank you, supervisor avalos. supervisor campos. ~ >> thank you. i just want to thank supervisor mar for this lovely gift. go giants. submit. >> thank you, supervisor campos. president chiu. >> thank you. first of all, colleague, i also
want to add a few words about the tragedies this past week, particularly with regards to the tragic death of prisci last thursday right on our door steps. i know we use the term city family all the time, but here it really does apply, and i want to let our colleagues in the controller's office know that our thoughts and prayers are with them. and i was also reminded to ask all of us and the public to take the safe street pledge which is part of the ongoing public awareness campaign that's a partnership between the sfmta, the ta, police department, dph, walk sf and others as part of our broader commitment. folks can take the pledge at sf safe streets at sf.org. colleagues, today i'm also calling for a hearing at gao on a report that was released yesterday by our chief economist, a report that analyzes the economic impacts of the central market
tenderloin payroll tax exclusion zone which i was proud to walk on more than three years ago with mayor lee, supervisor kim, and many stakeholders. it's a detailed document that some of the key take aways show that the program has succeeded beyond our initial expectations. a few facts. payroll tax revenues grew at 648% for the area compared to an overall city growth of 47% during that same time period. the area $7.1 million more in payroll taxes he than it would have if the area had grown at the same rate as the rest of the city during that time period. the program caused 4.2 million in payroll taxes to be foregone, but because of the increase in the additional payroll tax it's a net benefit of $3 million. there was a 49% increase in the number of new businesses he established in the area in that four-year time period of 61 new businesses which is compared to the rest of the city's new business growth rate of 23%