Items submit ford the file to the clerk and item will appear on the june 25th agenda. The Clerks Office would like to thank supervisor peskin for his service to the city and wish him a happy birthday. Commissioner please your heart. Thank you, madame clerk. Colleagues, last week i warned you wed have a super long Land Use Committee today. It turns out that that is not the case for three items the subject of a continuance so as a matter of housekeeping madame clerk can you please read items 1, 5 and 6 together . Reporter item one a hearing to receiving a report from the puc on options for electric service through acquisition, construction or completion of public yutilities. Item number 5 an ordinance to establish a legitimization program for a certain nonresidential uses at 3150 18th street and affirming appropriate findings. Item 6 requires building setbacks for building front being on narrow streets modifying front yard requirements and residential districts and affirming appropriate findings. Commissioner thank you, mismajor. Ive had a request to continue item 1 to the call of the chair which is in no way a sign were not all seriousajor. Ive had a request to continue item 1 to the call of the chair which is in no way a sign were not all serious about the desire to acquire some Public Utilities that are owned by pacific gas and electric to the call of the chair. As well as item 5 to the chair and item 6 the sponsoring supervisor asked for a oneweek continuance. Are there Department Personnel who would like to say anything as to any of these three items, mr. Sanchez . Commissioner im happy to make a continuance for next week. Commissioner i was asked to continue on the dhaufl chair but youre welcome to set forth what the submission of the Planning Commission was wen they when they heard the item. Ill give you the recommendation and come back next week. Perfect. They interested considered the ordinance and moved to recommend approval with a few modifications the first was to modify the front setback requirement for properties in the rh, r2o districts from 10 to 15 feet and the second modification was for the nonconforming structure and the third was to further study the effects of i am imposing the new distance and proposed language regarding the purpose of real yards for green spaces. That concludes my presentation and we may be chatting next week. Commissioner thank you, mr. Sanchez. So yes, as to item 6, well be chatting next week. Is there any Public Comment on items 1, 5 and 6 which are all proposed for continuance. Height limits. I made a demonstration pertaining to building complexes at 144 units at the best rate of the charge to build by any developer in any building built in San Francisco at 56 million commissioner i dont want to cut you off but none of these three items have to do with ite limits. Youre talking about height earlier. You just said heights and a want to use that as an example. Commissioner go ahead. Pertaining to my demonstration of going up 27 stories will cut into the reduction of Homeless People out in the streets and open opportunities for been to expand businesses to tone ground level and instead of building the Navigation Center in each of the supervisors district locations by doing like i said youll have housing of 22,770 Apartment Unit complexes that can be used for mental disabilities, for the Police Department and i want to point out how it came across to me that the suicide rate of the Police Officers is increasing to people in the combat zones in iraq and afghanistan. I want those floors for people in Law Enforcement to give them Mental Services they need to pre vent the you side prevent the suicide rate and the Behavioral Services they claim they want to provide to people out in the homeless in the street by giving them permanent housing in the buildings as a high income level high height level to get rid of the homeless problem. Commissioner thank you mr. Wright. Are there any other members of the public who would like to testify on items 1, 5 or 6 . Seeing none, well close Public Comment and i will make a motion to continue items 1 and 6 to the call of the chair and continue items 6 for one week to the meeting of june 24 and well take that without objection. Im sorry i will reopen Public Comment. Im sorry. If theres any other members of the public that would like to testimony to my left, your right, the floor is yours. At this point what are you allowing us to speak on . Commissioner you can speak on any of those three aforementioned items. So im here for number 5 for the legitimization program for the 18th street. As me information well do a continuance. Commissioner yes, the sponsor of the legislation, supervisor ronin asked me to continue the matter. My request is we have it scheduled for two weeks out so people in in our hofs office to reschedule clients. Commissioner the way it works here is i respond to the sponsoring supervisor. So if the sponsoring supervisor wants it in two weeks hold on, there is no meeting on july 2. I suggest you go to supervisor ronins office and whatever you guys work out, my office will accommodate at her request. As for now it would be one weeks continuance . Commissioner as for now its continued to the call of the chair which means i can schedule it at any time in the future per me request of that supervisor. Okay. Thank you so much. Commissioner thank you. So we will now close Public Comment and i will again make a motion to continue items 1 and 5 to the call of the chair and item 6 for a oneweek continuance to our meeting of june 24 and well take that without objection. Inas far as item 2 supervisor safais call with your permission take item 3 out of order which will be relatively quick. Madame clerk can you please read item 3 out of order and if folks from real estate want to come up get ready. Clerk a resolution approving and authorize a master Lease Agreement as a land bord for the city and the yerba buena lease. Im the director of real estate. Thank you chair peskin i appreciate your courtesy in taking this item out of order. Im here before you seeking your positive recommendation on a resolution authorizing a master lease of the property generally known as yerba buena gardens bordered generally by market street, 4th street, folsom street and 3rd street which can be seen on the slide up on the display. The agency developed and managed the yerba buena gardens using a block grant or cbg funds and they manage the valuable asset over 40 years. The agency was resolved by law on february 1, 2012 and the successor or ocii was required to dispose of all the agencys property including the gardens. In may of 2018, the board of supervisors authorized the resolution authorizing the transfer of oci to the city. It occurred june 27 of 2018. The gardens is currently under the jurisdiction of the Real Estate Division which has been managed it on an interim basis until such time as a Master Tenant composed of Community Stakeholders and city staff can take over on a longterm basis. The goal was to develop a longterm lease with a Master Tenant to manage the garden as a single unified asset. Under this proposed lease, there is no fiscal impact to the city. Its brings us to the master lease before you today. The tenant under the proposed master lease is a yerba buena garden conservancy with a permanent board to be comprised of eight Board Members and five representatives right now its composed of city representatives. The permanent board will take over upon the final approval and execution of the proposed lease. The term runs from the time its approved to september 1, 2061 or approximately 42 years. The base rent is 1 per year. The tenant is obligated to operate and manage portions of the garden all as set forth in the lease. In addition to managing the leases there are also requires to manage the property manager which for a long period of time has been mjm. However, the conservancy will have the ability to continue that relationship or seek new property management. If approved by the board today with a positive recommendation this will go before the full board tomorrow for review and approval. If approved the mayor will sign it within 10 days and the lease is anticipated to take effect on or before july 1 in time for the 234u the 24th, before the fiscal year. Thank you. A couple things quickly. One is on page 2, line 20, you need to put the quotation after the parenthesis in order to properly define that term and on page number so the resolution . Commissioner yes, sir, not the lease. Page 2, line 20, move the quotation mark past the parenthesis on the ybdgc properties. And one other correction on page number 5, line 14, modifications to insert the lease and then i have two policy questions one for my district number six colleague wherein the seven appointees of the city administrator include one individual representing district 6. Is are you okay with that supervisor or would you like that to be something that is determined by the district 6 supervisor . I had spoken to the city administrator and it would be the district 6 supervisor. What is intended by this language . Representative of the supervisor of the ybdg . Commissioner the way its written is within the authority of the city administrator as written. Supervisors, i would in the meeting with the city administrator and supervisor n hanney this was to represent the understanding the city administrator would select one city representative on this board in consultation with the board but in consultation. Commissioner consultation is missing and provided one city representative will be representative of the supervisors. I could be representative of the supervisorial district. Does it comport with your information of our meeting earlier . I hadnt followed up the preference but my understanding is it would be an appointment of the supervisor or that the supervisor themselves would be one of the city representatives. It would be my preference we did one of those two things rather than consultation. I dont know what consultation would require. Deputy City Attorney john gibner. Im not sure the supervisor himself or herself could serve in this capacity under our city structure. Whether the board can make an appointment to this position i dont want to say off the top of my head. I can look into it before my next meeting or before the Board Meeting if you decide to forward this out today and can consult with you supervisor haney on that answer. Whether the district 6 supervisor or supervisor representing that area at the time because this say very long lease. This isnt about me so much but in the future. Whether the supervisor could be the one that makes the appointment or that it could be a Board Appointment when a supervisor is playing a steering role we still set it up so the board makes the moment with the nomination from the supervisor. I dont know whether we could fit that model into this particular board but can figure that out in the next day or two and let you know. I dont think its next day or two but next day. Already. The next one day. Commissioner and that would not rerequire rereferral. The appointment structure will not. Commissioner so you will subject to Public Comment as long as the board has 24 hours and 44 minutes to figure that out. I think we can do that. Commissioner and my second policy issues, colleagues, is boiler plate language that is often included in and set forth on page 5 and usually in these types of resolutions. But given the length of this 1 lease for approximately 42 years, if do i the math right, it is the provision on page 5 of line 12 that says the board, which would be this board authorizes the director of board with the City Attorney to enter into conditions, amendments or modification to insert lease the director of property determine are in the best interest of the city and do not materially increase the obligations for the city beyond those in the resolution. Colleagues, are you comfortable with that for a 42 year lease. Weve done various things. Weve taken this section out and modified the section. I assume the lessee will never leasee will never agree to more than 1 and if they agree to more money it would not materially increase the citys obligations or liabilities out but theres a huge a huge amount of latitude, no disrespect it gives you and the successors over the next four decades. I want to throw that out to the supervisors whether you and the to modify the boiler plate language. Before we hear from your colleagues, if i may, can i be heard on the point . Commissioner yes, sir. This lease is very unique in that were trying to basically maintain a unique situation from the Redevelopment Agency where you have a multitude of assets governed as a single hole and worked successfully over the course of 40 years. Wa we tried to do with this lease was to make it very durable but also very flexible. And i understand the reluctance that might be given to delegate such authority to the director of real estate whether its to myself or my successors but i think the delegation serves a purpose and comes with checks and balances. The checks and balances built in this relationship are threefold and the budget that goes back to the tenant that is one level of board oversight. Secondly, theres representatives that will be on the governing body of the conservancy. Depending on how we resolve this issue with the district 6 supervisor representation. Then lastly, there is the regulation that the city has through the lease itself through the landlord be the person in my position. If we have a situation where we find the gardens arent maintained to the high level we expect, we need the flexibility to be able to modify provisions of the lease in order to respond with the parameters set forth in the resolution. Id make to take away that flexibility to address that issue and be left with either a termination of the lease or remedy for default. I just want to put that on the table for your consideration. Commissioner to say to my colleagues and you and your department, look, this is a 123page lease without dozens of pages of exhibit. I get that relative to the history and support that. Maybe the way to deal with this and im looking at deputy city senior gibner is to put in language that gives the board the right to reopen. So if something is going back between a future division of real estate and leasee, the board can have a reopener. As compared to, mr. Gibner, coming back to us for every amendment they want to make this as they want it flexible and durable figuring it over over the next 40 years. How do you envision that in practice theres an amendment to the lease the board and leasee are discussing. Commissioner theres the amendment proposed and the board would be informed of that amendment and can choose in an a affirmative action to bring that amendment before the board within a constrained time frame. The same way pursuant to section 311 of the charter the board can weigh in if it chooses to do so. The challenge here is that under section 9. 118 of the charter, the board has an up or down vote on contracted brought to it by departments. D brought to it by departments. Sd brought to it by departments. Brought to it by departments. I dont know thats a workable fix maybe thats another one i can get you in the 24 hours and whatever minutes. Im sorry, supervisor safai and members to the public. Lets talk about that. Lets open this up to members of the public who want to testify. Mr. Wright, the lease to yerba buena gardens and if theres more speakers line up to my left, your right. This is another example of differential treatment and 100 demonstration of being a hypocrite. Youre charge yourselves a dollar a months rent with the rent as high as it is thats a better deal than twitter and the High Tech Companies have been getting it. Youll charge yourselves a dollars month rent. Thats preferential treatment. Thats a scandalous treatment where immigrant get a brand new tv for 3 a month for first and last months rent and 3 for a studio apartment stole from the citizens of the United States at 3,000 a month. Now, here you are wanting to charge yourselves an a dollar a month for 42 years . Thats disgusting. You got 8,011 Homeless People out in the streets of San Francisco. A total of 28,200 in the overall bay area and none have enough knock afford to be a tenant in none of the buildings from the Mayors Office of housing because you set a requirement to be a building higher than the income of the people of trust funds, requirement funds, Social Security benefits. Then you turn around and want to charge yourselves a dollar a month rent . Thats disgusting. Furthermore, have you the nerve to take airbnb to support and claim theyre contributing to the shortage of housing in San Francisco. I make that demonstration in front of that judge. Went before airbnb and show you how got undocumented immigrant paying 3 a month for and that will blow your claim out of the water. You should charge the same you charge everybody else. A dollar a month. Clerk thank you, mr. Wright. Commissioner next speaker. Threw for the opportunity to thank you for the opportunity to speak. Im the interim executive director for the yerba buena garden conservancy. Youll hear from stakeholders and the strength of this interconnected community. As many are aware over the past many years, theres been an Extensive Community planning process where the yerba buena businesses and nonprofits have worked together with ocii and City Department of real estate to develop and plan this longterm vision for the yerba buena gardens. The outco