With you, supervisor, that youre 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] ~ lets 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 onsite 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 onsite 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, lets 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, lets 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 thats 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 Onsite 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 offsite 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 offsite, but instead of paying the fee that the developer would have normally paid in the Mayors 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 onsite 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 onsite. However, in this specific case where we are building for homeownership, we find many of our luxury housing or multiunit 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 its 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 Mayors 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 wouldnt 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 youre 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 Mayors Office of housing and the Mayors Office to explore tiered inlieu fees. This negotiation absolutely sets a precedent for that type of policy. We know that a waterfront condo should not be paying the same offsite fee that perhaps an 18unit 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 offsite 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 dont we now go to presentationses from our city staff. Good afternoon, Board Members. Im 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 onsite 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 ill 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 dont we open it up to Public Comment. Any members of the public wish to comment on this item . You know, dell see more. Ive been kind of following this project and im not necessarily a big fan of putting the relocating those units in this neighborhood because the problem is if you have a very lowincome or no income folks, they cant afford to shop in the neighborhood. So, im still in favor of relocating it to a neighborhood other than that. And thats a great idea, if we can tier down the homeowner fees thats 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 its 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 theres 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, its very important that i know tndc have a lot to do with the whats the ladys name over here . The black housing. Its 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 theyre living inside or outside. So, i hope thats also, since they will have a view, you do want to be safe wherever you live. If youre 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 offsited to a different neighborhood like the tenderloin or something that we explored initially, but we cant do it via state law. ~ member of the public again, we have 120 units for the formerly homeless in the transbay area plan already. Its all built, the individuals have already moved in. And its 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 were 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 citys 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 dont 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 mans 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 its not going to everyone because some of us have stuff to do outside of the board. Theres 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, were all a team. Lets remember that. [speaker not understood] lets 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 were 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