Good afternoon everybody and welcome to the San Francisco board of supervisors meeting tuesday, april 12, 2016 mdm. Clerk can you please call the roll. [roll call vote] please join us in the pledge of allegiance. [pledge of allegiance] olleagues, can we take this without objection. Without objection the Meeting Minutes are passed after public comment. Lets go to our Consent Agenda. Items 1 through 5 would comprise our Consent Agenda and consider it routineseeing no names on the roster mme. Clerk please read the role on items 1 through 5. [roll call vote]have passed unanimously. Item 6 is an ordinance as part of a provement of a Chinese Hospital pursuant to the Sale Agreement need to copy these in favor of thirdparty utilities and private party owners and seqa determinations and adopting and adoptingother findings. Without objection this has passed unanimously. Item 7. Same house and call without ordinance this has been passed unanimously. Roll call vote on item 8. [roll call vote] 9 ayes, 2 nos. The ordinance has past. Next item please. Roll call vote on item 9. [roll call vote] to visit thank you ordinance passed 9 and 10 together. Item number 16 is an ordinance amending the Building Code to authorize the director of the department of building inspection to stop all work on a construction project whenever there are repeated violations of city codes on the project; and affirming the Planning Departments determination under the California Environmental quality act. And item number 17 is an cohenordinance amending the building, housing, electrical, plumbing, fire, health, planning, and administrative codes to clarify and standardize enforcement procedures for violations of municipal codes relating to buildings and property, to require departments to report on Code Enforcement activities, and to direct the city administrator to coordinate the preparation of standard citywide model forms for Code Enforcement proceedings; setting an operative date of june 1, 2016; and affirming the Planning Departments determination under the California Environmental quality act; and making findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1. Question shall this ordinance be passed onhas been living in unacceptable conditions for quite some time. What we had we discovered looking into this issue and having an oversight hearing a year or so ago and we have found that there is not enough coordination among the department or the city codes are not consistent with one another and there is no requirement that the department has actually asked to address a code violationwe need serious ones. The City Attorney does not have the pool that he needs to go to court when there is a serious violation. They equip the unified Code Enforcement process for building construction, for the Fire Department and to and for the Public Health and we are taking further administrative action and we are referring problems to the City Attorneys office for litigation. Second, we will provide the City Attorney Clear Authority to act by going to court and we will 1st require that the department actually asked the city to tourney to act and currently the City Attorney typically cannot file a lawsuit in less the case is referred to by a department and this significantly hamstrings our City Attorneys ability to act and protect the public welfare. 3rd our legislation in designate quarterly requirements for accountability i am sure we can all see what is pending and asked why this will not go forward. Nation creates a code supervisor wiener is proposing it will have a Significant Impact on those who are forced to live in homes that are notthe legal muscle to go after the bad property owners. Thats what i have just met. Thank you. Thank you supervisor . Mme. Sec. Can we take items 15,17 and 18 same house same call [gavel]item 11 please. Item 11 is an ordinancemayorordinance authorizing the execution and delivery of certificates of participation in an aggregate Principal Amount not to exceed 95,000,000 to provide funds to assist in the development, acquisition, construction or rehabilitation of affordable rental housing projects; approving the form of a Supplemental Trust Agreement between the city and county of San Francisco and the trustee named therein including certain indemnities contained therein ; approving the form of a supplemental property lease between the city, as lessor, and the trustee, as lessee; approving the form of a supplemental project lease between the trustee, as lessor, and the city, as lessee; approving the form of an official notice of sale and notice of intention to sell for the certificates of participation, if sold by competitive sale; authorizing certain actions relating to the certificates of participation, if sold by negotiated sale, including approving the form of a purchase contract between the city and the underwriter s selected in accordance city policies; approving the form of an official statement in preliminary and final form; approving the form of a continuing disclosure certificate; granting General Authority to city officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the certificates of participation; approving modifications to documents; and ratifying previous actions taken in connection therewith. Same house and call the item is passed unanimously on the 1st reading. Next item please. Item 12 isresolution approving the acceptance of a distribution of vizient, inc. Common stock, by and through the department of Public Health, and authorizing the director of health to enter into an agreement with vizient to accept the distribution of shares, including the 11th amended stockholders agreement and the joinder to the amended and restated stockholders agreement. Same house and call item is approved unanimously on the 1st reading. Item 15. Item 15 is a resolution authorizing a lease between the city and county of San Francisco, as tenant, and pbv ii, llc, as landlord, of office space located at 5646 street, consisting of approximately 17,500 square feet from july 1, 2016, through june 30, 2026, subject to citys termination rights, for use by the Adult Probation Department at 70,682. 50 monthly; for 848,190 rent in the initial year with annual 3 increases and four fiveyear options to extend. Next item please. Item 18 iswienerordinance amending the public works code to incorporate changes to ensure consistency and compliance with californias municipal stormwater permit requirements; to revise application of the requirements from projects disturbing 5,000 square feet of Ground Surface area to projects that include construction or remodeling of 5,000 square feet of impervious surface area; and affirming the Planning Departments determination under the California Environmental quality act same house same call the item is passed unanimously. Next item please item 19 isa resolution establishing the soma pilipinas filipino Cultural Heritage district in the city and county of San Francisco. Do we have any testifiers . Filipinos represent currently 9 of all of the immigrants here in the San Francisco metropolitan area including an additional 2 in the san jose area. The market has been the face of this community over the last 100 years. This is much much more than the separation of the culture and community of the Filipino Community. It is also to preserve the ongoing existence of this community in the future. I talked this morning about how i became a beneficiary of so many filipino americans and just ordinary residents and many of them led the fight for the 1st and only multiuse park in the south of market it was named after the 1st filipino to win a gold medal for this country. She was born and raised in San Francisco and swam in our own rec centers. Weve also increased our Elementary School that has the only Public School in this country to offer curriculum into tagalege we look forward to the preservation of existing rent control housing. This morning we celebrated our 3rd acquisition in the south of market. Seniors, working class households and families, ardors 1st responders. They need to live in our neighborhood and these are my neighbors and im so proud of the fact that we are working to help preserve the diversity of this neighborhood this resolution just kicks off the process of something weve talked about for many years and we will be working over the next few years and the Mayors Office of Economic Development and the department of Public Health and many other City Developments to make sure that we are creating a district that has real pull to ensure that we are protecting our organizations and our art. But also that we are protecting diversity in our neighborhood. That filipino filipino americans can live and thrive in this neighborhood. I want to thank the filipino Womens Network that filipino art expedition the Filipino Community center. And for all of your work all for the last several months who crafted this resolution and come up many ways the guide or the plan for work that we need to do over the next year to make this a reality. Finally, i do what the recognized one of my legislative Staff Members to work very closely with my committee to draft and we will continue to make this plan a reality. We will organize and direct the south of Market Action network. Colleagues i do want to recognize my cosponsors for your support and we look forward to the real work ahead of us. Thank you and breed as well thank you very much. Next speaker. Long live the high hotel 2 generations ago it would still be there. Can we take this item same house same call without objection the resolution is adopted unanimously [gavel] congratulations. We will skip over or 230 and 3 oclock special orders and go to our Community Reports mdm. Clerk. Item 22 is considered by the government audit and Oversight Committee for a regular meeting on monday, april 11, 2016, at 1 30 p. M. The chair intends to request the committee to send the following items to the board as a Committee Report on tuesday, april 12, 2016. Item 23 is aordinance amending the general plan by revising map 5 of the downtown area plan to include a note stating that the proposed height and bulk districts on block 1 assessors parcel block no. 3740, lot nos. 027, 029, 030, 031, and 032 , on folsom street between main and spear streets, and a portion of block 2 assessors parcel block no. 3739, lot no. 004 , on folsom and main streets, of the transbay redevelopment project area shall be consistent with those provided in the transbay redevelopment Plan Development controls; and making findings, including findings under the California Environmental quality act, and findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1. Same house, same call. Item is passed unanimously on the 1st reading. [gavel]. Item 24 item 24 isan ordinance exempting the humidor, formerly located at 275 battery street, from two prohibitions in the Tobacco Sales permit ordinance on the issuance of such a permit for the humidors new location at one Embarcadero Center the prohibitions on issuing the permit in a supervisorial district with 45 or more such permits, and on issuing the permit to a tobacco shop. Good afternoon everyone colleagues today i am introducing a resolution requesting that the state attorney geeneral initiate an investigation of the racist practices that are going on in our Police Department. Im sure that all of us are appalled and angered to learn that a few weeks ago a new group of Police Officers had been exchanging racist and homophobic Text Messages and i think we need to say enough is enough we havent sat in the chamber time and time again and say we need to reviewthe Government Law enforcement policy but again here we are confronted with explicit buy bias for those who are sworn to take a specific oath to protect our community. We are asking our attorney general not just to look into the recent text message scandal but also look broadly into the practices of our Police Department which suggest there may be racial bias. The members of this board that i spoke with are all concerned about the use of force policies in our Police Department. The Police Departments own data shows that in the last 2 years africanamerican drivers were stopped and searched more than 4 times more than white drivers and latinos were pulled over and searched more than 2 1 2 times that of the white drivers. The black community are 7 times more likely to be arrested. 11 times more likely to be booked in the communityin San Francisco than their white counterparts. Officer involved shootings have resulted in the deaths of 4 men of color in our community. These things have real lasting effects on our communities. It is absolutely essential to Public Safety in our city. Collectively, all of these incidents and issues have eroded the trust. It is going to take a collective effort to restore it. Our stand with the mayor and our police chief to call and review our department policies. However, the cops team that is currently conducting a review does not have the authority to mandate changes in policy in our department. Additionally, while the District Attorney has also convened the Blue Ribbon Panel to investigate the text message scandal and make a recommendation they too are not required to implement or suggest the changes. They had a very unique authority to mandate release and Law Enforcement in our state if they find those practices depriving people of their constitutional rights. We need muchneeded review, investigation evaluation into these issues as soon as possible. I want to take a moment and thank a public defender for calling about our investigation i urge all my colleagues to join me in this request today. The rest i submitted this time. Thank you supervisor kelly. It is now 230 we will go to our 1st commendation given by supervisor peskin. Today ive opportunity to celebrate a true San Francisco hero. As many of you know i start my mornings with a swim in the bay. I try to encourage my friends and some of my colleagues that many of the officers in Central Station to join me in these morning swims and one of the individuals that i got to start swimming years ago is it officer pete mcglocklin that text me the other day to let me know that he had a Police Officer done with this individual had done that Police Officer would have gotten a silver star. What is particularly amazing is that this individual did the same thing and was honored by the board almost a decade ago for pulling out an individual who attempted to commit suicide by jumping off the municipal peer. It is my pleasure to honor jeff thunders in here today. Jeff is the most humble, unassuming, person that i have ever met. I have to say 1st of all, he is a librarian at the San Francisco Art Institute as opposed to the academy of art which is an institute that began in 1871 but that is another story. Just a couple of weeks ago on march 30 as jeff was swimming out what we call the opening which is at the end of the municipal peer a fully clothed individual jumped off the municipal peer and jeff struggled to save him while focused on the peer he called the National Park service and the police and ultimately 50 minutes later came and jeff help fish that individual out of the bay all the while telling him its a good day to live and we all have a mission and that people care about him and the strangers on the pier cared about them and the people on the boat coming out to rescued him cared about him so mr. Thunderson it is our honor to acknowledge your heroism and as a swim club member is my honor to thank you and honor you today. So i like to give this recognition of accommodations on behalf of the board to you. Thank you very much. [applause] thank you i am very honored by this is much appreciated. Aquatic park is a gem in the geography of our city. I want to thank the board supervisors for their great stewardship of a great spot in the city of San Francisco and to think in arrears the federal government for their wpa project to build in the 1st place a place which is a terrific venue for San Francisco citizens as well as visitors to San Francisco and visitors to california. And also, thanks to people who do their best as the caretakers of aquatic park. Whether its the National Park service, or the National Recreation area or the sea scouts are the dolphin club and of course the mighty south rowing club. Thank you very much and really appreciate it. [applause] congratulations again mr. Gunderson. Well done. For those of you who have not been to the south Bend Rowing Club you can see is 1st certificate on the wall maybe we will soon be joined by a 2nd certificate of honor. Thank you supervisor peskin thank you mme. Supervisor. Please come forward i want to say that the authority of natalies protection of our communities is an example of extraordinary professionalism persistence, but also really a keen i for protecting our community. While serving as a call taker for the previous 911 operation ctr. , natalie fielded a call for San Francisco resident who reported the possibility of a multiple murder in tennessee. After several redirects she found her persistence and found yourself in the right district to use the information provided by then to locate the incident and to confirm that a family was murdered in that state the next day the authorities arrested the suspect in louisiana. This is elected by peers and fellow dispatchers within the 911 system. And look for extraordinary performance while answering 911 calls. She shares this with her dispatchers that have shared vile support and proved to be a vital team during these critical calls. She has developed 13 years in the city of San Francisco. She attended st Saint Catherine University High and she attended university of california for business management. I hope joining us is and i hope im getting these names right her brother cabrillo, band her and cabrillo. Basically is 911 dispatch weekend this honor is such a great honor natalie is very deserving every time you hear this story i get goosebumps. We are really proud of her and all of our staff at dem many of us are here here today and as you said really all of the dispatchers that work at 91. Here today oand as you said really all of the dispatchers that work at 91. Thank you. Now natalie that 911 San Francisco dispatcher of the year. [gavel] it was a strange and unbelievable call that brought me here today i didnt want to think the call was real i didnt want to believe my color because what my caller was reporting was gruesome. It couldnt be true. Unfortunately it was all true. As a dispatcher that dispersion of various types of emergencies are broad. You could still get that call and the call that your processing is accessing the appropriate responders and hoping that you dont get the call and that they would be of no merit and it would be okay. Fortunately, i handled this call is that was true and unfortunately it was all true. And want to thank the Police Department for handling this call with such a sense of urgency. I also want to thank the board of supervisors for acknowledging me today and their support throughout the years and recognizing my coworkers and finally my fellow dispatchers. I could not have been here today if it was not for you. We all go through the same thing on a daily basis. I know that im never alone. It is always my coworkers that are the 1st asked me if im okay and if i need help. They are asked with me every minute when im on a bad call or if im on a radio call with unwavering traffic. It is without their jokes and banter and come lottery that im able to continue my dispatch career. As dispatchers we are there to help each other of what awaits us. For my fellow dispatchers with whom i love you and to all of those who support us i would like to say thank you. [applause] [photograph] congratulations again natalie and thank you everyone from and cronenberg and all the folks that are here today to celebrate. You guys do amazing work for the city and county of San Francisco and we truly appreciate each and every one of you. Thank you. Next i would like to recognize supervisor norman yi for our final accommodation of the day. Thank you very much pres. Bree. This is the nationally recognized week of the young child. Before i introduce the person i want to honor today i want to make sure that i encourage my colleagues and everybody else to reach outthis week to Family Childcare providers early educators and programs that are serving infants, toddlers, and preschoolers, in your district in a world that you can find them because we really need to thank those that actually are the ones that are preventing the things from happening so that we may need fewer payrolls on the other end. The person that i will be introducing is donna cahill. Please come up. To me donna is no less a heroine it is just when people like her provide services in the front end and prevent things from happening by having positive types of services we sometimes forget that they are also heroines. Donna cahill most people know where is the executive director of the holy family day home and she has been doing that for 19 years. 19 years she has been there. Every year she serves 161 children ages 0 to 6. And, since 1900 this center itself has served over 16,000 families. For me holy family day home is an example of a program that provides not only high quality care for those over 60 but also a model. The model Office Services for an entire family. It is their mission that the best way to serve a young child is to serve the entire family. It is a multi generational approach. When you go in there that once you find in there is amazing. What people do not know is that provision goes beyond the typical 730 to 6 oclock service time. She has attempted and is pushing that the Service District go into the evenings so that we can continue serving families. That may be working and cant get these things. Where else whichever Childcare Center that provides a Farmers Market Mental Health services and just a variety of things that you can find there. Now, this is something that youve been doing for a long time and she has been actually providing or serving our community and children and family for over 35 years. At the end of 35 years i had several opportunities to work with donna. She advocated for a lot of different things. For example we Work Together and fought together to make sure that the state continued to provide us the resources we needed to serve the course with our Young Children. Then, donna came to me one day and said you know something i know we fight really hard for our low income families but included in those low income people are people that work in our centers and i said, you know you are right. That was the beginning of a fight that we took on years ago. Where we were able to eventually get the city to understand that by the way, nonprofit pays for the but the poorest of the poor are those that are serving our Young Children. She is constantly theyre talking about we need to serve our homeless children. She is one of the few programs in San Francisco where they have services for homeless 0 to 5yearolds. I could go on and on with her. Because she thinks that i have only known her since she was a director of holy family day home. In actuality. I think the beginning of a career 35 years ago as we actually cross past. That was a time when both of us were in different organizations and everybody was saying oh my god, this woman is running around all over the place trying to really provide the services that the newly arriving refugees at the time needed because there were no services at the time and she would scratch and claw for donations anything that she needed to get these people serve. So, i just want to say donna, really, im really proud of you. Im proud that not only are you my friend, not only are you my neighbor, but i think that you make district 7 proud that you live there but you make everyone proud that youre a San Francisco and that serves everybody in San Francisco. So want to bring donna oppen i want to thank her and her friends that are here and her husband brian kayhill to honor donna today proclaiming today as donna cahill day. Donna. [applause] thank you supervisor yee it is clear to me with this really is about that the fact that Young Children are youngest citizens are growing up in poverty in San Francisco. And, without holy family day home and programs like holy family day home they will continue to lead the rest of their lives in poverty. We truly are ending that cycle. It takes time. It takes effort. It takes love. And, it takes a community it takes this board of supervisors it takes my board of directors who gives their free time. My staff who gives their careers. To really and the cycle of poverty. It takes an investment. I am proud to work in San Francisco with the board of supervisors like this that understands the importance of that investment because in so many ways you have all back to us and supported us. And we have a long, long, way to go. Because the state is proposing an affordable system i had and i would like to talk to whoever would like to talk about that with me. Because the next few years are going to be we are on the brink of change in the field. It is much more recognized today the impact over high quality Early Childhood education. We present children from winding up in prison. Supervisor yee had alluded to that. We prevent our children growing up with substandard education. In the long run is longevity of living in San Francisco for embrace her children have hope for their future. 1 we were having a little fleamarket at the bay home about 18 years ago and this is one of the stories that really motivated me. It was an elderly gentleman that was shopping at the flea market and he said to me, i want to introduce myself. I went to the school about 55 years ago. All of my friends are in prison. And the only difference between me and my friends is that i went to holy family day home. He said i truly believe that. So i want to thank the supervisors. Thank you supervisor yee and i want to thank you for this recognition the most important recognition is that their children are growing up in poverty. Thank you. [applause] [photograph] thank you and congratulations mrs. Cahill. Alright folks we will turn to our regular business and will go back to [roll call vote] for our introductions we are now at item number 2 one of the reasons is we simply have not developed enough housing to keep up with the demand for housing today. We obviously need to do more to help our residents have a fighting chance to stay in San Francisco. One other area that i think we need to examine is our citiesdevelopment process recently the university of berkeley the university of chicago and the president s economic advisers have released studies on these regulions has to impact the nation in terms of equality and opportunity. Ultimately here in San Francisco we have to strike the appropriate balance. We have to promote policies that promote sustainable longterm growth. Today i am calling our chief economist to present our Impact Report for ours zoning and land use regulations. Typically they have been on economic ability economic productivity and any other areas that the chief economist will think is necessary and important. Our city should continue to be a shining example of how to plan for growth responsibly and how to how to nurture that growth. For the 1st time in our history this report will provide a base analysis on policies for all san franciscans. The report is expected to be released in the fall look forward to having the hearing immediately after. The misse the rest submit. I would like to recognize john stone he grew up in petaluma and he displayed the qualities in an early age that many of us know them for. At 4 years old he helped protestto save a tree that was slated to be destroyed in his neighborhood. He passed away unexpectedly last week on april 2. We would like to remember his dedicated service and compassionate up birth here in our neighborhood. Many of us knew his work on in compassionate care. In fact he spent his last days in sacramento defending medical cannabis policies for patients. I know that he spent many, many, many days volunteering i know he spent many days in my committee it in the south of market and he was dedicated and loyal and he was someone who always wanted to be a part of contributing and part of a larger good. He truly believed in building community. He is server by his mother jackie pitts of petaluma his brother sammy and also his son Tristan Stan Pitts as well as event geraldine and uncle bill and a large, large group of Community Family and friends. He was involved in the Democratic Club the access of love and asa john, we are ready miss you dearly and we want to acknowledge how much you cared and how much you gave to improving and strengthening our neighborhood and city. Thank you supervisor kim. Supervisor marr thank you mme. Supervisor. I would just like to point out the date for the recognition of the various diversity of asian cultures in San Francisco and our various 11 districts. I want to thank my 4 cosponsors. I want to thank wo so low some of us here at the city call him supervisor peskin. I want to thank you for helping to draft this resolution. And i want to thank you for the asa organization because they really stress the unity in our Asian American communities. I really support that resolution i also want to remind you that i just handed out the festival pamphlets its been a labor of love to work on this festival. I want to specifically thank emily durum this is bought by the brought to you by the richman Arts Commission in my office. Along with many of the merchants in the outer brabant area. The organ aider the culture and art and reminding the history of the district. Disneyland days we are also hostessing and art walk on balboa street between 36 and 37th ave. Is celebrating many of our local artist. The corner of balboa street will transform into a kid zone complete with a bounce house and yoga demos and a yellow bike swap and thank you woody and the others from the San Francisco budget. The highlight consists of a duo of a highlight of songs that will make you feel like youre transported to cafe in italy for the afternoon. Then you could head over to the art school at 3 pm for some funk and reggae and a cover song but you by rose i am the hot pockets. At 4 pm the hotshots take over noise record stage with their unique combination of jazz and reggae music. I want to thank you for coordinating the jazz performances. And many other performers on that day as well. Finally at 5 pm on stage the high in the pop songs they have the quality of dropping a listener midway into some intriguing story. For complete list of all the music, accents at timesat helpsdnc. Org playland. Balboa today with supervisor campos, this ordinance mandates independent licensed proposals for every acquisition for a lease above certain value thresholds. In addition requiring appraisers the legislation requires review of appraisals over 200,000 for Real Property in over 60 per square foot for leases. The appraised value would set a minimum bar for the boards approval of any real estate transaction involving the city. I want to thank deputy city atty. Carol wong for drafting this legislation and i would like to thank the head of our department of real estate for helping us and cooperating with us in the drafting of this legislation thank you mr. Updike. Next i would like to request a hearing request for the annual single audit management letters prepared for the fiscal years of 14 and 15 and the rest i will submit. Thank you supervisor peskin. Supervisor kim today i am implementing resources to reduce bias in the city or county of San Francisco one thing that we are asking dhr to do is to report to us in june 2016 its findings and its plan. I do want to take this opportunity to also thank supervisor cohen and supervisor kim in their work to a lemonade in criminal background history. Our City Employees more than 30,000 fulltime and temporary employees. Research have shown that implicit bias is negatively affect all candidates with ethnic sounding names. In fact, in one study the National Bureau of Economic Research applicants with white sounding names have a of a 50 or call back for interviews than those with black sounding names. There is a hiring process based on names associated with a certain gender. There is a study done by Yale University that demonstrated that faculty participants rated male applicants more significantly competent and higher ball than the identical female applicant for a lab manager position. It even recommended lower salaries. Im really glad to hear that the department of Human Resources has already begun this work to eliminate this explicit bias in these cities hiring practices. I look forward to their work and their results that they will share with us in june. Secondly, in 8th on a fun note i am introducing a resolution of our gold warriors with 72 wins during our 2015 2016 mba season we wish our team the best of luck i certainly or by to amend this resolution next week for another win hopefully. On a more sad note i do want to request that we close out our meeting today in honor of someones father we all know teddy but hey s of at t and her father michael bass passed away just recently. He was someone that was born in San Francisco and grew up going to Balboa High School he attended San Francisco State University before serving our country he is head of 6 infantry regiments. After Honorable Discharge from the arnie mr. Bass went home to start his own Construction Company of 50 years. He actually also had built he had overseen the reconstruction of the annunciation greets orthodox cathedral after the 1989 earthquake. I just want to share my grievance with the family and i would like to adjourn in his honor. Mdm. Clerk he please call items 20 and 21 is anordinance approving an amendment to the redevelopment plan for the transbay redevelopment project area, to increase the maximum height limit from 300 feet to 400 feet on block 1 assessors block no. 3740, lot nos. 027, 029, 030, 031, and 032 within zone one of the transbay redevelopment project area; and making environmental findings under the California Environmental quality act, and findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1. And item 22 iskimordinance approving an amendment to the redevelopment plan for the transbay redevelopment project area, to increase the maximum height limit from 300 feet to 400 feet on block 1 assessors block no. 3740, lot nos. 027, 029, 030, 031, and 032 within zone one of the transbay redevelopment project area; and making environmental findings under the California Environmental quality act, and findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1. The following items will be considered by the land use and Transportation Committee at a regular meeting on monday, april 11, 2016, at 1 30 p. M. The chair intends to request the committee to send the following items to the board as a Committee Report on tuesday, april 12, 2016. After expensive negotiations in the fall when the developer asked to increase the height of the project by 100 feet and conformance to many other residential buildings in this neighborhood the project grew to 391 units and we were able to negotiate 40 and middle income households earning between 80 and hundred and 20 of average income. For the layperson for a family of 4 its between 80 and 120,000 per year. This is actually the very type of housing the city will not build enough of. This is for households that are nurses or teachers or 1st responders are entrylevel workers and frankly even our Entry Level Task workers. Affordable units after negotiation will be disbursed within the 1st 26 floors of the tower. The town houses and the podium building or ensuring there is diversity throughout the entire development. We also negotiated an insurance from the developer that all the amenities would be shared equally by the resident without a core door or 2 tiers of amenities based on income in this project. Height on any project is always a source of controversy in any neighborhood in we confirm more value on a land we want to assure that we are working with the developer to share that value back with the community. So with the 73 additional Housing Units that will be allocated to this tower with the additional height space 60 of the new Additional Units will be affordable to middle income households. This project ensures that weight me Assembly Bill 812 and the redevelopment plan requirements to provide 35 affordable units within trans bay. I just recognize state sen. John burton would produce the highest level of affordability of any San Francisco redevelopment plan. This also loves generate funding for the Trans Bay Center which is currently under construction. This is the 1st market rate project in the trans bay area plan. This will provide more than 30 affordability on site. The developer has committed to spend 120 million to build the 40 that weve asked them to do of which the oci i is providing 19. 1 million. All of our Development Projects have given us the highest level of a affordability to provide this would only achieve 42 with the puppy contribution. That is my points. I know there were several russians that were raised at the Commission Hearing last week in regard to how we achieve this 40 with the use of tax increment dollars typical of a Redevelopment Area plan. I had mentioned that again the development is the development is committing to 120 million which 19 million would be committed by tax dollars. If we did not provide this is subsidies of bio cii we would have 127. So without further comments i would like to open up to our department oci i to present on the details of this project before us. Thank you supervisor kim. Thank you mme. Supervisor supervisors im shane heart for the redevelopment plan for trans day. The board of supervisor actions would be to amend the plan to up to 400 feet. This slide provides the background of the transbay redevelopment plan adoption with the Community Input the redevelopment plan was adopted in 2005. The gray area in the middle the slide is the transbay redevelopment plan area and the boundary follows the plated conditions in the area of the Redevelopment Area is divided into 2 zones guide one is the design control and the Design Guidelines and within zone 10 cii has landuse jurisdiction. In zone 2 the zoning is to the planning code and they are subject to a delegation agreement between them and oci i. The plan was adopted in 2012 and substantially increased building heights in the area. Trans bay has some challenging affordability requirements. There is an area wide trans bay requirement where 35 of all units are built to be affordable however the redevelopment plan requires that an individual budget provide 15 percent of a affordability. This has to be a negotiator handled by ocii. Within the all in one there is 132 units and 600 of those units are complete and 1200 are approved are about to begin construction. For those projects that were approved or complete the board of supervisors has approved all of the 33433 reports addressing fair market value. This just gives you an overview of trans bay zone one. Trans bay block one is located on fulsome street between maine and steer. This shows the proposed Development Program oci i owns the top two thirds of the site about 4000 ft. 2. Oci i purchased the site in 2003 for Affordable Housing. The bottom one third is earned by fisher and spire. Due to housing these have to be developed together they cannot be developed separate. There will be 391 units and 156 will be available for households at 80 220 ami. With the benefit of the height increase we have been able to increase 26 floors of tower. This slide shows the differences between 300 foot height project in a 400 feet height project. This slide breaks down the 40 affordability. Of the 391 total units as i said hundred 56 will be affordable. Of the 156 80 of the affordable units are in a tower and the townhomes those will all be funded by the developer. Out of the 76 affordable units in the podium buildings those will be funded by 19. 18 million subsidies by oci i and the remaining podium costs are funded by the developer. Can i ask a quick question about the affordable units . Will we be able to since they are funded by the developer not necessarily the federal government to use neighborhood precedents for those particular units . I can have the Tiffany Bo Hee the director of oci i come up and address that with you now. Good afternoons supervisors my name is tiffany bohe with the oci i. There may be other preferences adopted by the board or commission that will be in effect at the time. Okay thanks. Regarding the land fair market value the state law requires that the land be sold for fair market value. I draft 33433 report has been included in the file. A final 33433 report will be coming to the supervisors in july oci i is receiving a consideration of 50. 2 million consisting of land price of 19. 2 million; and 17 million for the developer to increasing percentage of affordable units in the project to 35 to 40 availability. If we compare the consideration for block one to that we received for block 8 that was just disclosed in december 2015 you can see that although the total consideration for block 8 is higher the per Unit Consideration is much lower due to the zoning allowing a much higher unit count on block 8. For block 9 the total consideration is actually lower the Unit Consideration is much higher and we did a much higher unit count on block 9. With that i ask jose campos the manager of plan and Design Review of Community Investment and infrastructure, been talk to you about that. Good afternoon supervisors my name is jose campos the manager of plan and Design Review of the Community Investment and infrastructure committee. We are going to talk about 3 items this evening the 1st item will be there reform and the 3rd item will be the rendering of the 400 foot tower as seen on beale street this is the proposed trans bay park this is the site of the current temporary trans bay terminal between maine and beale street and fulsome and howard streets and 1st i would like to share with you just a glimpse of what we looked out in our analysis and what are impact to be on our surrounding neighborhoodin particular this building will be surrounded by high risesand we it will be surrounded by this type of environment we found a Significant Impact of thepedestrian view is among the embarcadero walkway at the park. This is just one Vantage Point that we selected to show your. This is that same adVantage Point with the proposed projects that are currently in the pipeline to the north of the 75 howard project. And behind the gap building which is the building here on the center on the corner of folsom and newmarket arrow if we look at simulations of a threat of a tower is seen from the reno park area. This is from a 400 foot height you can begin to see this tower as it protrudes behind the gap building. The towers located on folsom street between spear and main streets. Is actually one block behind the embarcadero roadway. For our discussion about how this building contributes and impacts the San Francisco skylines im presenting to you the height map. The height map basically shows you treat the trans bay block one building behind the gap one building. I like it here at 400 feet. To the north of trans bay though in one district which is a long Center District plan area. That transit Center District plan area was rezoned in 2012 to basically take much more density and Transit Oriented Development around the transit area. Some of this district is a Sales Force Tower and that is at 912 feet and that is the height of the roof of the trans bay sal toes 4thr but with all the architectural projections this height is actually a 1070. The south of this district is the green con plan area basically this map demonstrates the tapering from the tower to the north down towards the waterfront and from green con hill to the south towards the block one project area. The brief elements of the urban form analysis that i want to share with you that we have considered looking at the citys gen. Plan and urban design element of the general plan in particular but also the transit Center District plan. The 1st element of urban design that we considered was accentuating the cities by building Higher Heights at the hilltops. The Higher Heights at the hilltops is visible in particular on green con hill. For that reason that green con hill plan shine shows that hundred and 50 feet in terms of the financial district we have the downtown mound which is showing the height of the Sales Force Tower. The 2nd principle that we looked at was the principle of being down the waterfront. With this height map we will show you that basically there is a band of buildings downtown at the citys downtown edge which is along the embarcadero. The gap of building which is in front of the clock one building which is at the highest point which is 289 feet and then you have this building is between 2 and 3 in her feet and then the 3rd aspect we looked at was the idea of a saddle. It is a saddle that is differentiating the pursuant of the transits of our district plan. The recon help plan for the south and it cites essential reading the topography of recon hill and the downtown mound and the highrise district surrounding the trans bay terminal. So, when we look at the urban form we basically see it from the bay bridge. This is the existing view from the bay bridge of the area. You could see the gaba building at the waterfront edge there is a 90 foot podium that basically serves as the edge of the city read the gap building and the hills plaza to the south and along the embarcadero roadway. Behind that, which is also incorporated into the design of the gap building is a height between 200 240 and 289 feet at its tallest point at the gap building and behind that is basically the location of a block one project. Which is here, and visible with the Pipeline Projects and basically they have already been permitted or they basically have the Sales Force Tower at the highest point of the city which demarcates the Transit Center itself and beyond that you have the towers of the transit Center District plans that surround the Sales Force Tower. And then tapering down behind the gap building is the transbay redevelopment project area and then to the south of that we have the existing developments on green con hill. This is what the image of the 400 foot tower looks like as proposed in this plan amendment. Basically, we still see the tapering coming down from the Sales Force Tower and from the green con hill and we see that stepping down to the waterfront that happens with the gap building in front of the proposed project here. Which is this white tower. Here behind this gap building. As well, we see the saddle. The saddle that demarcates what is folsom and separates the downtown mound of San Francisco with the residential neighborhood which is green con hill south of folsom. Wanted to show you how we think this height increase will work with the proposed skyline. This is folsom boulevard w and this is a view from full some will of hard to the north on the top and 2 blocks from full some to howard and then on the south is also 2 blocks south of folsom to the bay bridge. To the north you can see that there are higher buildings the higher buildings are 912 foot high Sales Force Tower as the summit there is the peak. And then to the south you can see that one green con building as being the tallest building on green con hill is there is a grade differential of 605 feet given the 10 bonus that is given to that building to the top of the mechanical equipment there but also 100 feet on top of that is the grade differential so in fact that building compared to where block one is is around 700 feet tall. In comparison given the grade differential. So, if you drew a line from the top of the Sales Force Tower down to the gap building you would see that it 300 feet there is still some room and we could still step up and keep that tapering effect at the block one site. The black one site as you see from the south basically is the war than the infiniti building that exist just across the street from full some street at 400 feet and if you see that line that comes across basically from green con hill to the infiniti building at 400 feet we are still looking at that line. So, i think this slide demonstrates clearly that stepping down and that tapering down to the waterfront that happen still with a 400 foot height of the block one project. Finally, i just wanted to show you what could potentially be a future postcard of San Francisco. Here is a view from Yerba Buena Island as well as the plan projects and the 400 foot tower and if you look you can see the block one project at 400 feet that is in a line with the city and it allows that saddle that the district plan calls for. Here is exactly where the building is with 400 feet. In addition to urban form, we look at the impact of the shadow and the wind. We didnt addendum on the environmental Impact Report of the transbay redevelopment plan for the to cover for purposes of seqa any differences height differences there might have. The budget that was studied in the original eir was much larger than the project being proposed today. Even though the height is higher with the amendment. The budget that was with the eir was around 580 units. 581 exactly units. Approximate 30,000 ft. 2 of retail. The proposal is for 391 units and around 8 or 9000 ft. 2 of retail. As a result, the impact that we are looking at were basically limited to those impacts that those addendum would create and that is based on this height. We focused our look at wind and we found there were no Significant Impacts or results from this wind increase. We did shadow impa we cts. Oked at the shadow areas there are basically 6 parks were publicly accessible open spaces. Some parts are yet not build for example the transbay park between maine and beale street and the city park on top of the trans bay terminal itself. The analysis took into consideration the type of analysis we do under section 235 of the planning code. Certainly the Planning Department doesnt look at proposed parts but we did a proposed section applying section 235 with that the radical sunlight amount. And thats basically the number of areas in the park and the impacts of the parks over a year and what we discovered was impacts on parks and open spaces in the year within the shadow of this tower less than 0. 5 of the theoretically available annual sunlight on these parks. 0. 5 was you know is considered it was considered at our Commission Hearing at our hearing on Community Investment and infrastructure not to be a significant environmental impact. Out if you look at this table that im showing you now the additional shading on the part with the open space there one of 6 parks that we looked at. The 1st row is an impact park. That is 0. 34 of the 3 erratically available annual sunlight on that part the we have joshuas whiskey the manager of Community Planning at the Planning Department to answer any questions you might have with respect for the general plan with these urban designed plans that are surging and we also want to show your Community Outreach strategy. We have had over 10 Community Meetings in the neighborhood and in january 2016 the Community Outreachcommittee voted for approval of what we brought to you today. We did go to the Planning Commission and also our commission which is the oci i commission to approve these proposals before you and finally, here we are today at the board of supervisors we will go back to our commission at oci i for them to consider the design of this project and the disposition and Development Agreement and finally, in summer we will come back to you to approve the property plan in concordance with law all 33433 as shane share with you earlier. If you have any questions we be happy to answer them for you. Colleagues are there any questions . Supervisor peskin. That proposal was dated when . July 2014. Have there been any updatesin the case of anrfp . And in case 9 what was the appraised value of that . That was the point that i gave in my presentation they are the they are the same about 32,000 feet i realize that that contribute to send to the project is 19. 2 million but why did the appraise at half the price of block 9 . I am not an appraiser but what i can tell you is that primary reason is the unit count. Unit 9 had 545 units in total approved for that piece of land of which only 20 were affordable all compared to what we are proposing for block one which is and 901 and and 40 are affordable. The land value is the land value based on the highest and best uses. And the fact is that a 400 foot building versus another 400 foot building i dont see how the dirt bow you can be half the price. The higher the density that you can get will land the more the land will be worth. In this case if it is 545 units of hundred of those were affordable with the developer come in and that leaves about 450 units at market rate and with block 1, the actual market rate units were 396 last 2 156. Im trying to figure what the number is but its considerably less and thats the primary difference in the value. Thank you. Thank you supervisor peskin. Supervisor kelly there has been questions about the 19. 2 price compared to the price of the parcels in the neighborhood. Maybe you could explain to us the appraisal analysis that was conducted for this transaction. And ultimately the conclusion that this should have been correct and that the price is fair and below market rate. Supervisor can you briefly repeat that question im sorry. I dont mind a 3rd time the city is not getting fair market value for the parcel. Explain to me why. One thing i failed to mention one supervisor peskin asked the question is that 19. 2 million price also reflects only the oci i portion of that block. Which is the 34,000 ft. 2. So, that is a no other difference. In the fair market value. To get back to your question can i just are you finished. Supervisor peskin. When you raise the oci i interest the 2 parcels that we are comparing are virtually the exact same amount of land. Im not understanding what your understanding about oci eyes portion. 400,062 ft. 2 of land at block 1 and in 64,000 ft. 2 of block 9 and i didnt understand what that gentleman was saying. Supervisor peskin, my name is tiffany bell he im the supervisor for trans bay redevelopment project area. That 19. 2 appraised value at the time we entered into exclusive i have negotiations where we set up a price like 6, 7, 8, 9, takes 2 years to a negotiate sometimes 3 or 4 we do not keep resetting it. Because, we do have an obligation for good faith negotiationsthat at least we can answer to an ena to keep to those good faith negotiations. Supervisor cohen, does that include your question . Know what my conclusion is specifically about the statement you made to the department of that this is below market value. Throuugh the chair if you look through the draft 33433 market will port which is a fair use value which the board must consider before any property transfer. The total amount of consideration is 52. 2 million. The proportionate share of the oci partial on trans a block one is 14 million of additional developer subsidy provided to construct the 100 podium building and then an additional 17 million that has lost its value by distributing those units all the way up through the tower. What im most concerned about is that we are not to make any money on this particular project. Absolutely is part of the fair market value of valuation. We certainly have a real estate economist who serves on the Controllers Panel as well. We mr. Marston and kelly here as well to answer any questions. I have a question on the height increase who should i address that to as well . Grad asked the question how did you arrive to the 426 feet for example. Why not 356 . Why not 336 . What is so significant about 446 feet that it relates to the increase of the Affordable Housing in this project . Sure, supervisor cohn height increase and section 400 in a sends the 26,000 for the penthouse and then in essence 426 again the primary for the purpose of doing the site for the agency and for oci i is to deliver moderate housing and that what were doing here is moderate and not Affordable Housing that is not traditionally built. We have a redevelopment plan to do this. For us, it was a housing project. Mr. Compos at our office did a presentation at the analysis of the Planning Department we were looking at the urban form, the mound, the saddle, and in our view it was appropriate to increase at 100 feet. Y 100 feet and not 50 feet . i do not understand im not following the economic analysis. If you go 50 feet and gives you 3 more years ago 20 feet to just the me more units. I dont understand why you increased by 100 feet. We wanted to maximize the number of units built. Certainly there are more units built. Those units are in the tower themselves. Theyre not in the lowrise. We dont want to build any more than we can in the lowrise podium shorter building. We are looking at maximizing the opportunity to deliver more affordable units in that tower to keep up with urban design and form and cognizant of shadow but not just one built parts that are publicly accessible open space but also future parks as well. So a balancing of those interest to maximize Affordable Housing, minimize parks and in good keeping with urban form. What wouldve happened if you wouldve come down 50 feet . How many units wouldve been lost at all . We talked earlier about additional shadow and that the projects causing . We do not undertake a Sensitivity Analysis of ng up when we started with what should we strive for to maximize moderate income units and deliver those units as fast as possible. Certainly, when a proportionate share instead of 156 affordable units and 391 total units you would have less. How much less . Of your time back to last thats an insignificant number but if you talked about 30 laugh that is a significant number but you will never know because you didnt study it. We are trying to put as many units as possible. There are units for families and units for teachers. They are a mix. They are an appropriate mix. Theres a proximally a 2 units on the project if the complicated undertaking to develop a tower that size. At this point i cannot exactly say from a Sensitivity Analysis how many less because we wouldve look at all factors of the project and what that would impact. My last question again is for the project sponsor and deals with community engagement. I heard there was not enough community engagement. Maybe, you could have someone discuss this aspect of the project and how it was conducted and who did it and how many meetings i woulld like to ask carl shannon with titian inspired to come up good afternoon. Its good to be here please excuse the informal footwear. I had surgery last week. We had multiple outreach meetings with formally with oci i and we had to Community Outreach meetings early in the process let me write this down. You had to widely advertised well before the schedule they had with oci i we had most of the residents concerned here in infinity we had to specific meetings specifically at the infinity in addition to the 2 broader meetings and then we had the whole series that was part of the presentation with oci i and that is another 56 meetings. We had extensive outreach and i know that most people all who will stand up an object on a personal basis here. This is been a long, ongoing conversation. Partly in response to your early questions. The infinity and luminositys were set at 400 feet. The logic and coming to 400 feet was to make them the same as those heights which were set afterthe transbay plan so that is part of your the answer to your earlier question thank you i appreciate the answer. Mdm. Pres. , im done representative weiner so the statistics you gave earlier that 40 of that one block at 40 yes representative wiener that is on one block. All of trans bay blocks are providing a portion of the necessity in order to achieve it. It is 19. 2 million approximately . Yes. Initially it was oci i taxpayer in public money. Yes, we use taxpayer dollars back in 03 or 4 to require the parking lot from the state. Initially oci i and the public were going to make a cash payment to the developer in order to increase the affordability to 40 but it was restructured and instead of paying cash the public is now instead of giving the lead at a valuation of 19. 2 million to the developers so the developer can use that to increase the affordability percentage to 40 . Oci i is contributing the land yes in order to make that work. I am not criticizing the idea of having the developer put in the portion of the value necessary for them to receive whatever the percentage of affordability and i taxpayer in San Francisco also putting in money for value to increase affordability. We shall have skin in the game when it comes to increasing affordability. But, i think it is important to really be clear about that. When this project, when we really start to hear about it there was an implication that the developer was brought out to the woodshed and forced to go out to 40 when actually the taxpayers of San Franciscos were putting in almost 20 million in order to get it up to the 40 . It is not just coming out of the developers value. You do not have to comment on that. I know thats a loaded statement. But i think that its really important that the project was announced as a 40 project where the developer was announced that they were doing 40 but we know there was a significant substance he that loud that that happened so i appreciate it. Thank you supervisor wiener. Supervisor kim. Just because supervisor wiener keeps drilling on this project i dont think anybodys claiming that the developer claimed to say 40 we have always been able to achieve higher levels of affordability throughout San Francisco because taxpayers wanted us to invest public dollars to build Affordable Housing. This is what the sport of supervisors thought when the state decided to establish redevelopment as we knew this was an important tool and getting to this unavailability that being said we were able to get additional subsidies to achieve 40 we couldve easily gotten 100 foot pipee bomb and said we were getting more housing in general and not asked if we have any additional Affordable Housing. In fact, i think there were times when this board has in developments have conferred additional value onto land for developers or additional density or additional height and we just like the developer make all of it market rate housing. So, not taking any units away for them to achieve greater revenue on that parcel even if the city comes in some of those units need to be more affordable for middle income or workingclass residents. Those units have been essentially taken out of the development from the developers to generate revenue that they can make it market rate. So, we couldve had 2 deals before us. We couldve had a 400 Foot Development come before the board without any additional affordable without anything that been committed and frankly we spent months negotiating to get to 40 . The developer didnt just walk in and say yeah, i want to do 40 less you pay for some of it. That wasnt how it happened. In fact it never happens that way. It was a very tough negotiation and even when the public put in some skin in the game the developer doesnt just roll over and say this is what i i was just wondering mr. Shannon out of idle curiosity you said the opponents of the project were people that you knew so presumably people that we sold the units to because this building was built not to longer. Did they have any idea that tishman and oci i would seek a zoning from i should say 200 or 400 i shouldve said 300 to 400 but did they know that the time . Sure. They knew after the trans bay heights were set. At the time, we gain construction in 2005
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