Transcripts For SFGTV BOS Full Board Of Supervisors 20240712

Not. If you removed all of the parking from this project site and didnt replace it at all, there would be a deficit, assuming nobody switches, like everyone continues to drive. We found that temporary limited deficit would not create substantial physical, Environmental Impacts. And is it that time of year where students are asked to enroll into a class . That they physically be there . Thats my understanding. Weve received comments that faculty are also hauling materials to and from their classrooms. So if you look at the transit piece, did that cause any delay because of this project and, again, what methodology did you use to sort of measure that . Question, presiden yes, president yee, w we used three sources of delay and two deal with, basically, increases in vehicular Traffic Congestion from the project. So theres the sheer number of new vehicle trips, as well as reason industry delay, where the transit vehicle may pull to the side and try to get back into the transit lane if theyre stopped at a stop and thats too sources of delay and the third source is the increase from transit riders from the project on to the project vicinity. We found that under projects conditions, that the project would not have a Significant Impact on transit delay. Under cumulative conditions, so, again, going back to your earlier question, with the growth, we concluded the combined impacts could result in a transit delay impact and thats because we didnt have a ton of information from city college on the number of vehicle trips that would occur from their growth. So we conservatively concluded that the combined city college, this project could have a Significant Impact. And we then looked to see if this project would contribute considerably to that and we said yes. And so we worked with mta to identify mitigation measures to reduce those impacts and we did identify mitigation measures that would do that. And we conservatively called this unavoidable because the Planning Commission didnt have authority to approve those measures. Severa in regards to the impact, it was stated that it was unavoidable i mean, even if you reduce it, it was stated that its still unavoidable. Whats the situation that it cannot be avoidable . Even though we came up with what we think was a plan, in particular theyre are loading zones on ocean avenue is working with whole foods to try to manage their operations more effectively, we still call this significant. The appellant is arguing under a 500unit alternative, you wouldnt need to extend lee avenue. We think that is unreasonable for two reasons. The first is that the area plan eir itself in 2008, that studied 500 units at the site assumed the extension of lee avenue into the Housing Development. So 500 units, 12 years ago assumed the extension. The second reason is per core sponcorrespondence with the Fire Department and documented in our appeal response that the fire code would likely require a secondary access point for a Development Im trying to find the exact notes but i believe its over 250 units. And so, the notion that that alternative would reduce that Significant Impact, we disagreed with. Ok, thank you. I dont see anybody else on the roster, so ill go to the next segment, which is to invite the sponsors of the project, the developers to give their presentation and we have ten minutes. Yes, can you hear me, supervisor . Yes. Supervisor, yes, im counsel for the Reservoir Community partners. Its a partnership of Bridge Housing. Im here urge the board to uphold the eir, the Development Agreement and zoning sale. Several years ago, this board determined that the balboa reservoir was available for a major Housing Development. The cac then developed the reservoir principles and parameters, including the project with mixed income and that 50 housing be affordable to low and moderateincome house holds and contain significant improvements. The city decided to implement the cacs division. The project thats analyzed in the subsequent eir involves the demolition of the earth and berms and 15 acres of asphalt parking and the installation of all new infrastructure in putting new streets, sidewalks, open space and water, waste, water and other utilities. This will be developed with 500 units of Affordable Housing and rental and market rate housing as well as Public Parking for the overflow needs. Following that horizonal work, three of the housing pads will be going back to the city, as well as new streets and sidewalks. The project includes four acres of publically accessible open space and privately financed and maintained and open to the public. The estimated cost this work is over 48 million and pursuant to the Development Agreement, the project will internally subsidize 363 of the 550 affordable units, including 100 units of educator yo housing. Mohcd will subsidize 180 units. The greatest Environmental Impacts disclosed will occur during the first stage of construction and in particular, noise impacts and quality air impacts on sensitive receptors. They contain a robust set of measures. Its important to understand that any development of the reservoir, regardless of the aus noise project. It would demolish the reservoir and undertake the same work to create viable building plans. The eir has cumulative impacts, overlapping with construction of proposed buildings on the East Reservoir, but by city college and i would note the East Reservoir was deeded to the city college bit city several years ago and the projected on the East Reservoir and not the West Reservoir where this is located. Appellants argue th stheres no. Just five days ago, appellant submitted a subsequent briefing, even though the deadline was a week earlier. The city has researched to build up all of the site infrastructure, estimating the cost over 48 million, plus 550 units with no need for market rate use knits to bear the infrastructure cost or to internally subsidize twothirds of the high affordabl usual of. First, the objectives from the getgo was a mixed income development, maximizing the amount of housing on the site. With only 550 units, all of the subsidized, the alternative would not meet that basic objective anobjective. They would not avoid the Environmental Impacts of the project. Those impacts are primarily associated with the horizonal work on the site, including taking down the berm and installing other infrastructure. None of the impacts would be avoided by a lower density project. There would be less traffic with the lower density project, the proposed project is potential conflicts with the operations of the loading dock on lee avenue and that impact would not be reduced by a lower density project. Ththere were three other alternatives. Under sequa, the income level of households does not include the physical impacts on the environment. The construction impacts would be the same, split shift to would not affect the conclusions. For all of these reasons, the eir contained a reasonable range of alternatives, allowing you to make a reasonable decision and analysis of yet another alternative is not required by sequa. Anappellants claim that in their proposed alternative, each affordable unit would cost 400,000 to build and half is comparable to those built in the city. They also claim the 48 million in infrastructure costs could be paid by state grants. Those competitive grants wont be unlikely for 550 units. In sum, what the appellants propose, it would cost 45 million that the mocd to obtain the same number of units in the proposed projects. Yesterday, mr. Flashman clarified his proposed alternative and claiming it would eliminate any public open space, eliminate the lee avenue extension and it would be, insd redirect the traffic. The infrastructure in the area that is most congested and where this would cause transit delay. Under either version of appellants alternative, the city would lose out on 550 housing. The market rate units will finance the ongoing units for the open space, in addition to the Infrastructure Improvements and the 363 affordable units. Aas noted, the guideline section 15041 expressly forbids cities from considering alternatives to reduce the amount of housing in a project if there are other means to provide comparable lessening of any significant effects. Two minutes, mr. Biddle. Thank you. The mitigation measures imposed by the seir indiscernible this will determine a modest reduction of parking would not impact the enrollment at city college. I am available to answer questions as are other members of the project sponsor team and we thank you for your time. Are there any questions from my colleagues. Seeing none, then i am going to ask for Public Comments at this point and those comments should be focused on speakers that are in opposition of the appeal and in support of the project and if you want to speak, just press star three to be added to the queue to speak. Youll have two minutes each. So madam clerk, lets start with the first speaker. Thank you, mr. President. Speaker if we do not wild this housing, we will exacerbate the Environmental Impacts having a parking lot next to balboa park. I would like to point out that if we take a value that the land is being sold below market price, we should consider what it would take for the city of San Francisco to build the Affordable Housing. We do not have this money. I think it would be the best chance in order to gain this housing within the next few decades. So please, approve this project and reject the appeal. Thank you. Thank you to the caller. And we have 45 listeners and we have nine individuals in the queue. Operations, please send the next caller in. Welcome, caller. Speaker hello, im requesting to reject this appeal and move this project forward. This is a thoughtful project that spent the last few years to inform the plan. It was crafted by wellrespected developers in this industry and i have full confidence would it deliver a quality addition to the neighborhood. This will include 1100 new homes, which is 30 ami and, San Francisco, according to the next report, has been behind in the very low income target arena. They wouldnt meet their goals until 2030 for the low income and for the moderate until 2045. With this being a discussion, its an opportunity to meet the targets and to get ahead of that game. This project is proposed the way it is because its feasible. They want 100 of housing to be affordable, and 100 of zero is zero homes. Thank you, supervisor yee for your leadership and thank you to the board of supervisors. Thank you for your comment. Operations, next comment, plea please. Good evening, supervisors. Im christopher peterson. Ive participated in many meetings for this project dating back to 2014 and i would like to thank president yee in getting this important project to this point and i urge you to deny the appeal and approve the propose revenue housing, maximizing the housing, including Affordable Housing with the most environmentally and beneficial use of the site. The current large, but mostly unused parking lots is an ideal location for multifamily housing, multiple muni lines and the ocean avenue commercial districts and building abundant transit and oriented housing with limited parking is crucial for reducing the citys Greenhouse Gas emissions. The housing, including 550 affordable units will be a step in addressing the Affordable Housing crisis. The appeal seeks to perpetuate the status quo and this serves one function, in promoting automobile commuting. And that function would persist indefinitely because of the reduced Housing Project with the proposal as an alternative has no basis in reality. Given the significant upfront costs in preparing the mutual site for any housing, the project would drain the citys limited Affordable Housing funds. The appeal ignores what would happen if the 550 market rate units are eliminated. The households that could give in those units wouldnt simply disappear. To the contrary, they would bid up the price of housing in other neighborhoods, neighborhoods that may be much more vulnerable to the displacement and gentrification than neighboring Westwood Park. If they move to neighborhoods with less transit, they will also almost certainly drive more, causing more environmental harm and therefore, please deny the appeal and approve the projects without any further delay. Thank you. Thank you. Perfect timing. Operations, please send the next caller in. Welcome, caller. Good evening, supervisors, corey smith on behalf of the Bay Area Housing Advocacy Coalition requesting that you reject the appeal. The subsequent eir was thorough, analyzed all potential impacts, imposed a rigorous sense of mitigation measures and complete and accurate. The seir also analyzes a range of project alternatives as required by sequa. Because the major environmentallaenvironmentalimph demolishing the current parking lot to create the streets, sidewalks and parking, any development of this site, regardless of how many units are built or what percentage are affordable would have a similar construction impact. Furthermore, the appellants claim that the 550united proposed project has less of an Environmental Impact is incorrect. The seir thoroughly analyzed potential impact from city college from a College Perspective and cumulative perspective, taking into account city colleges proposed buildings by the march 2020 bonds measure. The seir correctly concludes the balboa project and city college can coexist as neighbors. Thank you to president yee for his leadership and ask that you reject their appeal. Thank you. Thank you for your comments found operations, next caller, please. Speaker im a San Francisco resident and i strongly urge you to reject this appeal. Th indiscernible . We have 49 listeners and 43 willing to make Public Comment. Were taking Public Comment in opposition to the appeal on behalf of the proposed balboa reservoir project. Welcome, caller. Speaker im jeremy linden, im a homeowner in soma and a 15 year San Francisco resident. Weve been debating putting on housing on this site since 1983. 19131983, think about that. If we had built housing here in the 80s, the children who grew up there would be in their 30s. They would have benefited from living in a high opportunity area and many of them would probably have their other than children right now who might be San Francisco residents, too, paying property taxes, sales taxes and income taxes and contributing to our economy and communities. Unfortunately, we cant turn back the clock and reverse the bad decisions of decades past, but we dont have to keep repeating them. This city desperately Needs Housing at all income levels including and especially market rate housing. Please dont squander another generation of opportunities by considering the frivolous appeal and extending the process that has more than run its course. Please deny this appeal and approve this project. Thank you, supervisor yee. Thank you for your comments. Operations, next caller, please speaker good evening, president yee and members of the board of supervisors and thank you for giving me the opportunity to speak. Im daniel greg and i represent approximately 4,000 carpenters in the city of San Francisco. The Carpenters Union is mere in full support and Community Partners proposed development. We agree that the city of San Francisco objective to create more housing, our members not only want to build the respiratorierequiredhouses but e consequences of low available housing. The balboa advisor reservoir ins several benefits. This is a true Housing Development, not mixed use, not office with residential units and not a focus on retail. 1100 units with 550 designated as Affordable Housing and will go a long way to meet the housing goals. I would be remiss to mention what this could do for jobs and economy. Reservoir Community Partners have made a commitment to labor for this project and it has the potential to create hundreds of jobs that will keep carpenters working and in the trade through the current recession. This is imperative to keep a solid pool of construction workers as we move out of a recession. The balboa Reservoir Development wont solve or affordable issues but its a huge step in the right direction. The commitment to labor and the community shows. In conclusion, the Carpenters Union is in full sport of the balboa development and we ask to move this project forward and thank you for your time. please stand by . Clerk thank you for your comments, sir. Operations, next caller, please. Hello. This is jonathan randolph. Please reject the e. I. R. Appeal and approve the project. Lets remember why we were here, because in 2014, mayor ed lee said we should build in cityowned land to address the housing crisis. But in the five years that ive been living in the ingleside, that has not happened. I think the perfect location for housing is a tenminute walk from b. A. R. T. Thats near many amenities and also brings 1100 units of housing, half of which are income restricted and provides walking and biking opportunities to Westwood Park. Its needed now more than ever. Ive read the e. I. R. Appeal and do not find it convincing at all. I believe that the parking and traffic impacts are adequately described in the e. I. R. In addition, im skeptical of the recent calls for 100 reduced cost housing. On the part of city college, this is a significant transition. City College Offers parking for 50 a semester compared to 81 for a muni pass. So please pass all the 1100 units of housing. Its not perfect, but it does provide Housing Units that the city needs. Clerk thank you for your comments. Operations, next caller. We are taking comments in support of the balboa reservoir project. We have 50 members of the public listening and 19 members in the queue. Good evening, supervisors. My name is paul anderson. I live about 1 mile away from the balboa reservoir project. I want to urge the board of supervisors to deny this frivolous appeal. This process has been an open and transparent process. Ive attended multiple neighborhood meetings on this project. Now is the time to build this project, not to suffer additional delays on the project. If the city college wants to build more housing, they have the land and the space to do that. Please approve this project. Thank you very much. Clerk thank you for your comments. Operations, next caller, please. Welcome. Good evening, supervisors. My name is theo gordon, and im a renter in district 5. On behalf of our members, im asking you to reject this appeal. This Housing Matters to me because i want to stay in San Francisco for the rest of my life. I want to raise a family, and i dont want to choose between staying in the city that i love or raising a family. I want you to make a decision tonight by thinking about the 550 families living in shelter today. What would make the biggest difference in their lives . Is it a bunch of percentages or a bunch of scenarios that wont happen for another 20 years or getting these homes in the ground now . Rejecting this appeal is the fastest way to get 550 families in secure housing without delaying other Affordable Housing projects. These 550 families might not know your names. They might not be spending their evening on this call, but you can make a difference in their lives. You can give them a place to sleep at night, transportation to their jobs, and a quiet place where they can do their homework. What matters is that these 550 Affordable Homes get built as soon as possible. Reject this e. I. R. , and reject it for the 550 families who desperately need a place to live. Thank you. Clerk all right. Thank you, caller. Currently, were going to take Public Comment in opposition of the peaappeal. Youll have two minutes. Operations, please send the next caller through. Good evening, supervisors. My name is micah chen. Im a resident of district two. I oppose the appeal and im in support of housing. When i think of housing, i think of my neighbor, joy, who was evicted and paying much under market rate who could probably not decide to stay in the city and another friend who decided to move to oakland in the past few months because he was fed up. Why am i paying so much to live in a city that i love, but its too much. It feels like the city doesnt love you back because its so unaffordable here. Id think about people, as the previous caller said, who were housing insecure, who for housing is more important than a few parking spaces, and i think we should think about protecting the most vulnerable. Thank you. Clerk thank you for your comments. Next caller, please. Welcome, caller. Hello, caller. Keep trying. Hello . Okay, operation hello . Clerk hi, welcome. Okay. Yes. Please join us; we can hear you. Okay. Thank you. Im calling in support of the balboa reservoir project. Its obvious that the strategy is saying that somewhat Affordable Housing shouldnt be built because the city should build 100 Affordable Housing. The simple fact that we see again and again, when we look at housing across the country and across the globe is this building housing, even market rate housing, lowers the cost of housing for everyone. Worldclass cities such as tokyo, berlin, and vancouver, have had no outbreaks in transit. The reduction in transit ridership is real, but its about Public Health education, not about Public Health reality. Transit first is equity first. A Development Like this will help equity, itll help housing costs, and itll be good for the city today and in the future. Thank you very much. That is all. Clerk thank you for your comments. Next caller, please, operations. Welcome, caller. Hello, caller . Hello, hello. Im theodore randolph, about 1. 5 miles from city college. I got off a zoom call a couple of hours with a class of kindergarten kids. Theyre having a hard time out of school, but theyre glad to have the opportunity like a zoom call to get together with kids. Im supporting this for them. With the increasing enrollment at city college and the ever deepening climate crisis, i think our children will appreciate it if we replace this parking lot with housing for teachers and students. Our children will appreciate if we invest in Public Transit instead of replacing the parking spots. Our future community will appreciate 1,100 Homes Affordable to a range of incomes. Many people in our existing community will appreciate it, too, so im asking you to reject the appeal of the e. I. R. , affirm the final e. I. R. Certification, and approve the balboa residencer va balboa reservoir project. Thank you. Clerk thank you for your comments. Operations, next caller, please. Hello. My name is mark macy, and i ask you to please reject this appeal. As a 30year resident of San Francisco and a native californian, this appeal is disheartening to me. I want everyone, including my kids, to enjoy what i enjoy, which is housing security. In order to do that, we need to create a lot of housing within our urban foot print. We need to create housing, like we had in the bay area and San Francisco when i was growing up. Thats fundamentally how you bring housing costs within reach. Poverty rate in california is now well over 20 , highest in the entire state. Even higher than the poorest state in the union, which is mississippi. The biggest single contributing factor to this is the single unacceptable situation is cost of housing. Housing costs have been getting worse and worse throughout my life. If we removed the housing cost, the poverty rate in california would drop to 13 , lowest in the country. Please do not disapprove the e. I. R. And vow your support for this project. Clerk thank you for your comments. Operations, next caller, please. Good evening, supervisors. My name is trudy lenz, and im a resident in district 3. I urge you to approve this project. We are in a housing crisis in San Francisco housi. Housing and transit is environmental, and this land has been used as a parking lot for decades. The balboa project has set aside 50 for affordable units, which are subsidized and only feasible with the market rate funding them. Do we want zero units of 100 affordable or 550 units of 50 . This would provide much needed housing near transit for middle and lowincome families. The families of teachers, firefighters, and Public Servants could live in s. F. Do we want to price these people out . They are providing Vital Services to our community. Our Neighborhood Health depends on them. Please advance this project for hard working families. Thank you, president yee, and supervisors, for your consideration. Cle. Clerk thank you for your comments. Next caller, please. Hello . Can you hear me . Clerk yes, welcome. Hi. Thank you, supervisor yee, and members of the board of supervisors. I am a member of carpenters local 22. I live here in San Francisco, and im speaking in favor of the balboa reservoir project. The project will allow a carpenter like me to continue living in the city of San Francisco, to continue my career as a carpenter, working towards retirement, will provide me with the necessary benefits and income to provide for myself and my family. I am in full support of balboa reservoir project and ask that you deny the appeal and allow this project to move forward, allowing Community Partners to have Union Partners build this project. Thank you for your time. Clerk thank you for your comments. Operations, next caller, please. Hi, am i on . Clerk yes, please join us. Hi . Okay. My name is jonathan, and i am the chair of the balboa reservoir c. A. C. I have been participated in the project since its inception five years. I got involved because i was offended by a parking lot in a transitrich city. The committee is made up of surrounding stakeholders and the community at large. 50 Affordable Housing, a Child Care Center, a park, walking distances to surrounding neighborhoods and transit systems in the neighborhood will accommodate the current and future area in a sustainable fashion. This is a genuine mixed Income Neighborhood on the west side of the city. 550 Affordable Housing units for faculty, educators within walking distance of their job, a walkable, pedestriansafe neighborhood where residents can have the choice to live car free. We have worked with city college. Those who say this project will destroy city college are just plain wrong. The housing and child ca care amenities will serve ccsf. This will provide homes for thousands of people, families that will have the choice to commute to jobs here in the city rather than making the trek from far away by car. I and my Committee Members are very proud of this family project and the process that led to it coming before you today. Please reject the appeal and lets get this on the way. Thank you very much. Clerk thank you for your comments. Operations, please send the next caller through. Hello, good evening. My name is allen barani, and i am a member of yimby action. I strongly support this project. I oppose the appeal, and i support this project, and i hope you reject this appeal. Why do i support this project . I support it because i have so many friends who want to live in s. F. , or friends who have hard trouble finding housing in s. F. , and i feel like it is so important for us to be accommodating to them. So often we say that San Francisco is a friendly, welcoming place. Well, heres a chance to prove it, by building housing to welcome people. By building Affordable Housing to welcome people who otherwise wouldnt be able to afford to live here. Its so important to get moving on this project and other projects like this. Were depending on you to make sure this housing gets built. Thank you very much. Clerk thank you for your comments. Operations, next caller, please. Members of the board of supervisors, i am max bilic, and i was born and raised in San Francisco. This is my town, and i couldnt love it more. However, every day i live in fear that im going to be priced out of this city, that im going to have to leave, and thats because we face a chronic housing shortage in San Francisco and statewide more broadly. This is an opportunity to alleviate that chronic housing shortage. Now i admit there are issues with this project. No project is a perfect project. Perfect is the enemy of good, and 50 of affordable units, and 1,000 units right next to b. A. R. T. And a college is pretty darn good. Ceqa quite often gets abused by people who have nothing to do with environmental activists. Look how often its used by abortion opponents to protest abortion clinics. Please, make us proud, and for once, lets rise positive petty litigation, and lets build some more housing. I urge you to make us proud and build some housing at balboa reservoir. Thank you very much. Clerk thank you, caller. We have ten members of the public who are in the queue and 48 listening. Operations, next caller, please. Good afternoon. Good evening, board members. Thank you for allowing me to speak this morning. I am gerald mcdonald. I am an apprentice carpenter for local 22, and i am speaking in favor of the balboa reservoir project. It will help me continue my career as a carpenter working towards retirement. It will provide me with the necessary benefits and income to provide for myself and my family. I am in full support of the balboa reservoir project, and i ask that you pass this project and allow Reservoir Community partners the opportunity to have Union Carpenters build this project. Thank you for your time. Clerk thank you, sir, for your comments. Okay, operations, next caller, please. Good evening, supervisors. Im a homeowner in district 7, and i live just a few blocks away from the project. I fully support the balboa reservoir Housing Project and ask you to reject the ce ceqa e. I. R. For this project. Ive seen the public project adjust based on the feedback. As much as i want to believe that the city could afford to build a 100 affordable alternative, lets face it. Given the current fiscal situation the city faces, youre not going to be able to build housing for another 40 years. The 550 Affordable Housing units are incredible opportunities for low and middleincome families to stay in San Francisco and located in a transit rich location. The new residents will only make this great neighborhood even better. This project is especially critical today. It is a necessary investment in the Economic Future of my neighborhood and the city, especially if we start a plan to recover post pandemic. Lets help others afford housing and have access to all of the opportunities that San Francisco has to offer. Its time to approve the balboa reservoir project. Thank you, president yee, and thank you, board of supervisors. Clerk thank you for your comments. Operations, next caller, please. Good evening, president yee and board of supervisors. Thank you for giving me the opportunity to speak this evening. My name is timothy wright, and i help represent approximately 3800 Union Members here in San Francisco and 40,000 throughout northern california. The Carpenters Union today is here in full support of the balboa reservoir project. Not only will this project bring much needed housing to San Francisco, but the developer has committed to the use of Union Carpenters. This means opportunities for local apprentices to advance their career in construction. It means living wages for the individuals building the project, it Means Health Care and retirement benefits. The project will provide hundreds of Union Construction jobs and provide opportunities for women, veterans, and minorities to continue their careers. The union fully supports this project and ask that you deny the appeal and support the project. Thank you for the opportunity to speak this evening. Clerk thank you for your comments. Good evening, supervisors, and madam clerk. My name is cher ogilvie, and i live in district 9. Affordable housing ensures that san franciscans at all levels can live in our transit oriented city, allowing for essential workers, first responders, educators to live and stay here so they dont have to drive in from far away. Educator housing, what an Incredible Opportunity for city college faculty, staff to be able to walk to work. Family friendly project, measures that are meant to decrease car travel with onsite child care, meaning one less trip for families. Lets keep families local and build these wonderful communities that minimize trips and put climate first and transit first. One of the reasons that i moved to the bay area was the walkability. A i didnt need to own a car, i didnt need to contribute to the emissions. If city college wanted to do something with the site, they had 40 years to do it. The idea of making it 100 affordable, its just not true. This project provides Affordable Housing that would otherwise not exist. The balboa project looks a lot like potrero hope San Francisco project, which everyone loves. Nonprofit is the master developer. A few market rates set aside that funds the affordable. Lets not hate the project when potrero project was loved by almost everyone. Thank you for your time. Clerk thank you for your comments. Operations, next caller. Please. We have about ten in the queue and about 46 who are listening. Hi. My name is [inaudible] and im a resident in d7. I want to thank supervisor yee and the supervisors for the opportunity to speak tonight. I would like to urge you to reject the appeal and approve this project. I just want to tell you a story about how i spend my time with my kids actually. Before covid, id take my eldest son, theo, we would go to the park and scoot around in the empty parking lot even during the year because its absolutely not full. And im asking myself if my kid has anyone to play with, and now, during this covid crisis, im not so far because a lot of my friends are moving out, and our city is unable to build anymore housing. I just did the quick math in my head before this call. With 1100 units, how many people are going to join us to live in this lovely neighborhood . Well get about 3,000 to 4,000 people. We have 70,000 people in d7, and 3,000 people that will have a home. Thats one in seven people in this neighborhood will be able to stay in San Francisco. I say thats a good deal, and i hope that youll approve the project by rejecting the appeal. Thank you. Clerk thank you for your comments. Operations, next caller, please. Good evening, president yee and board members. Thank you for allowing me to speak tonight. My name is april atkins, and im here in support today of the balboa reservoir project. Voting in favor of this project which consists of 1100 units, of which 550 will create Affordable Housing for people in San Francisco, which will give them the opportunity that i have, an opportunity to go through the Carpenters Apprenticeship Program and become successful carpenters. In the neighborhoods like the tenderloin and ingleside gave me the chance to go through apprenticeship programs and become a successful carpenter. When it came to college, money was scarce, and i had to withdraw from college. It was jobs like this that allowed me to have a successful career. Again, i urge you to vote in favor of this project. Thank you. Clerk thank you for your comments. Operations, please unmute the next caller. Hi. Good evening, supervisors. My name is sam deutsche, and im a member of San Francisco yimby. Im a renter in d8, and i frequently walk by this parking lot, and i ask myself, is this the future that we want San Francisco to have . Do we want a massive slate of asphalt near a b. A. R. T. Station and muni hubs or do we want a mixed Income Community with 550 affordable units . We have to build mor, and we have to build more transit, rather than be forced to leave the city. I want to thank president yee in his work for shepherding this project forward, but its been far too long, and i think the time has come that we need to get shovels in the ground and Start Building because given the crises that our city is facing, we cant afford to wait. Thank you. Clerk thank you for your comments. Operations, next caller, please. Hi there. My name is wes, and im a recipient of free city over at city college. Im here to speak in opposition to the appeal. As someone who goes to school there every single day, im excited to see something new in that lot, from the open Community Space that i get to go and relax and kind of take a breather away from things and the fact that its going to replace a parking lot and something thats pretty much been unused the entire time that ive been there. Im excited for this project, because im looking to go out of state to university of washington, but if i come back, i dont know if im going to be able to start a family. I dont know if im going to be able to come back to a city that ive always called home, and its something thats personally scary for me. And, like, i cant imagine what teachers are going through. A lot of teachers new to the u. C. Systems or new on the scene, they need Community Colleges to get their start, and the fact that were going to be able to provide housing for them, but also 50 Affordable Housing on a much grander scheme is something that im super excited for. So im in very much support of the project and in opposition of the appeal. Thank you. Clerk thank you for your comments. We have eight listeners in the queue and approximately 37 members who are just listening. Operations, please send the next caller through. Hi. Can you hear me . Yes, we can. Welcome. My name is joe, and im a resident of district 8, and i would like to reject this appeal and move this project forward. I live in district 8. Im a renter with my wife and two kids, and we want to live in the city forever, but its getting increasingly harder to imagine that future, having it extraordinarily expensive, its a part of our paychecks. When i was doing research on this project, i learned that it has been debated for decades. In fact, when supervisor yee, whos done an amazing job shepherding it forward in city college, we need more housing in this city, and this is a fantastic project that will allow transitoriented housing to become part of the neighborhood. There are 8,000 Homeless People in San Francisco. Over 5,000 of them are unhoused, and projects like this, if theyre approved speedily and not delayed unnecessarily, like this appeal, will help chip away at this massive housing deficit that we have and make sure that more people can live in housing, from all sorts of backgrounds and victims. So thank you very much for your time, and thank you for listening to my comments. Clerk thank you for giving us your comments. Operations, next caller, please. Hi. I am a resident of ingleside in d7. Just got a fiveminute walk down ocean avenue to the reservoir site. Im calling to urge the board to oppose this e. I. R. Appeal and support the balboa reservoir project. I think weve heard from the other callers this evening a lot of great reasons why we should support this housing, particularly below market rate housing, which this project would provide. So id just like to thank the board of supervisors for taking my comment and thank the board of supervisors president yee for shepherding this project to fruition. Thank you. Clerk thank you, sir, for your comment. Operations, next caller, please. Good afternoon, board of supervisors. My name is cheryl barr, and i am a district 7 resident and homeowner, and i live in sunnyside very close to the project side. In fact, if you hear any background noise, its because im going for a walk [inaudible]. Thank you, norman yee, for your support of this project. Im calling to reject the appeal of the e. I. R. And to support the moving forward of the project. I learned from other callers that this has been in debate since 1983. I cant believe that were arguing about housing that should replace an underutilized parking lot for longer than ive been alive. Please approve this project, and thank you very much for your time and consideration today. Clerk thank you for your comments. Okay, operations. Next caller, please. My name is jim chap el, and im representing myself as being a member of the Housing Action coalition. The balboa reservoir project is the right project in the right location at the right time. Please reject the appeal. I heard no comments from the appellants that suggest the appeal is correct. We are in the midst of a serious housing shortage. The site is one that has seen little Housing Development where many san franciscans want to live. Theres a sufficient infrastructure, it will provide mixed market and Affordable Housing. Supervisors, please join with neighborhood members and president yee in rejecting the appeal of the e. I. R. , and then approving the agreement and authorizing the agreement for sale. Clerk thank you for your comments. To your 34 listeners, if youd like to join the four members of the public that are in the queue to make their Public Comment, please press starthree. Nows the best time to do that to get in to make your comments, otherwise, we will take this group to the end. Okay. Operations, next caller, please. Hi. Can you all hear me . Clerk yes, we can. Welcome. My name is bob, and im with the San Francisco yimby. I live in the Outer Richmond, and ive been in the city the last couple of years. One, i want to thank you, norman yee. I know its not easy shepherding this thing through, but youve pulled it through the community to get to a place where everyone kind of is feeling okay about everything. Im urging you all to reject the appeal and approve the project today. We are in a dire, dire housing shortage. Weve stopped building serious amounts of housing since the 70s, and you know, were seeing the shortage play out all over the region. The story i want to tell you a all is a brief one about a former roommate of mine. She wanted to start former roommate of mine, margie, wanted to start her family and wanted to start a life, so she, with her partner, went and looked for places. Had been living in the city for over 20 years and couldnt find a damn thing at their price point, and they wanted to live here and have their kid. They ultimately ended up moving to daily cily city, and i hear types of things all the time, about how they want to raise a family and build a life here in San Francisco, and they can do that. Putting this off and kicking the can down the road is not the answer. Im urge you you ing you to su approve this project. Thank you so much. You have a great evening. Clerk thank you for your comments. Next caller, please. Regarding resolution that claims to advance efforts to miss mantle system i didnt care racism is nothing more than a performance gesture clerk maam, we are going to move you out of the queue. This is not that item, unfortunately. This is the Public Comment on the proposed balboa reservoir project. If youre in the queue and youd like to speak on the balboa reservoir project and specifically in Public Comment in opposition to the peappeal, this is your opportunity. Operations . Hi. My name is adam buck. Im a doctor who was actually born in 1983. I live in d6, and i take care of people experiencing housing insecurity every day. Im in strong support of this project. I encourage you to deny the appeal. I have so many stories about my patients that have housing insecurity, and the one that comes to mind, i took care of this patient for three years. For three years, i was working on his depression, back pain, and i was adjusting meds for his low back pain. Like, one day he came in, and his face was bright. I said how are you feeling . He said my back pain is gone. I said what happened . He said my Veterans Benefits that ive been waiting for have been approved. I got a check for 120,000, and im moving to vallejo and buying an apartment. Just the fact that housing was enough to get rid of his symptoms. I always tell my patients that if i could prescribe you a house, i would, but its true. The one thing that fixed him was to not face the stress of his finances. The only way were going to do that is to help 1,000 familiarlifamilies not to have to move out of San Francisco, and just build more homes, please. Thank you. Clerk thank you for your comments. Next speaker, please, operations. Hello, caller, are you are you making Public Comment here . If so, please turn down your television when you speak. Operations, maybe that person doesnt know hes in the queue. Well circle back to him. Hello, caller. Welcome. All right. Well try this again. Hello, caller. Welcome . If you please keep trying to participate in this meeting, please press starthree. Hello . Clerk hello, welcome. Supervisor stefani clerk oh, maam, im sorry. This is not that item. This is the proposed balboa reservoir project. Unfortunately, you missed the Public Comment scheduled for that item in july. If you could come to my office hours on friday, i would love to walk you through the process so that your energy can be brought for other items and have effective public testimony, but unfortunately, that item is not allowed to be addressed today. Previously, weve said that that item has had its Public Comment satisfied, and our sincere apologies that you missed that item at this duly noticed hearing. Okay. So operations, is there another caller on the line . Good afternoon. My name is don ring, and youve heard this before. Please bear with me. I am a resident in district 7, and i live a few blocks away from the proposed development. I am the son of immigrants, and my parents came to the city when homes were somewhat affordable. I attended reardons camp crusader when i was ten years old, and wed walk across the reservoir littered by broken glass and bottle caps when i was in school. My son currently attends reardon, and i have many friends that attend city college, and im sure many of them have taken that same walk. I know others that share the same concerns when it comes to a new apartment safety, traffic, pollution, and noise. Here are my thoughts to the board of superviso board of supervisors. As a 52year resident of the city, i want my grand kids to call San Francisco home. They simply wont do that without more housing, and that includes housing for more moderate and lowincome families, and thats included under this plan. Developments that make neighborhoods safer. Having worked as reardon a number at reardon a number of years, i can tell you that a welllit area would be safe for the area surrounding reardon. Three, the spaces is considered more attract tiive and Family Friendly and safe than the reservoirs i described earlier. Its more attractive when i have more Public Schools within walking distance of the reservoirs. I look at avalon bay and what they have done to improve dogpatch and the ocean area near whole foods. In closing, we need more housing for people of all backgrounds more than ever, and this project will help solve that. The status quo is an empty reservoir, and i strongly urge you to approve this plan. Thank you. Clerk thank you, sir. Thank you for your comments. Okay, operations, please send in the next caller. Go ahead, caller. Okay, operations. Hello, caller, are you with us . This meeting has been a sham of the public process clerk maam, would love if i could work with you in the process [inaudible] clerk operations. Thank you, operations, and we love the energy that you are all bringing to our board meetings. We just wish that we could work with you on the opportunities so that you can make effective comments. If you come to my office hours, im happy to show you where the pressure points are where your Public Comments can be effective. Okay. Operations, are there any other callers . Madam clerk, that completes the queue. Clerk thank you, operations. Mr. President . Okay. To my team, can we determine if the president has lost connection . Oh, great. President yee im fine. I had to stretch my back out. Clerk thank you, mr. President. Okay. Were going to go into the last segment of this public hearing, which is to provide the appellant or its representative the opportunity to do a rebuttal argument if they wish, and you have three up to three minutes to do this. Thank you. Supervisors, i want to im not going to go through, obviously, all of the things that have been said in the last four hours, but i just want to deal with a couple of points that have been raised. First of all, we dont have a housing shortage, we have an Affordable Housing shortage. The slides that i showed and the evidence before you says very clearly we have an abundance of marketrate units. We have 140 of the Regional Housing needs allocation, and thats before we even ended the period, so were way ahead of the game in terms of marketrate housing. In fact, one of the problems is not being able to get financing because financial people im not going to put more money into marketrate housing. Theres already a whole bunch of marketrate housing as mentioned earlier. The parkmerced Housing Project was approved nine years ago, and they still have not approved any of the housing put there because theres not the market for it. So theres real problem with moving ahead with this project because it may not move ahead. If you put 100 affordable on the floor, it will get done, and you donwont to rely on puc investment. The other thing i wanted to say was oh, an 100 a 100 Affordable Housing project is not feasible. That is in error. That is based on the reduced density alternative in the e. I. R. , but that included all the horizontal infrastructure that the current project proposes. The project were talking about here is 100 affordable. Were only using half of the site, and therefore would not need any of the infrastructure thats going in the northern half of the reservoir. Furthermore, because it would be 100 affordable, it would not require any off street parking, and therefore, you do not need to extend lee avenue. Now its been mentioned that you need to have a second entrance for fire, secondary access, which is essentially, you need an e. V. A. , Emergency Vehicle access, but thats an entirely different kettle of fish than an actual road. It does not necessarily have to be paved, does not necessarily have to be open all the time, does not necessarily need to carry any traffic except when an Emergency Vehicle needs to use it. Thats what you can do there, and it wouldnt have any impacts of putting lee avenue through. So via section 104 of the Building Department guidelines, even though it will reduce the total number of units, would reduce the significant number of impacts, and thats allowable. So i guess what im saying is that you do have a clear choice here, and we dont have to just accept what theyre giving you. Thank you. President yee thank you, mr. Fleischmann. Thats will bring us to our public hearing has been held and now filed. As previously discussed, we will take up discussion of the final Environmental Impact reports certification, which involves an analysis of whether the determination from the Planning Commission on this project was appropriate. To conditionally reverse the Planning Commissions decision, six votes of the board are required. So again, i dont see anybody in the queue, so ill try to keep this short as possible. First, i want to thank the members of the public who came out to testify today for their ongoing engagement. I also want to thank the Environmental Planning team for their time and thorough analysis. They have been engaged in this process from the very beginning, and im grateful that theyve been doing this with that dedication. Within the purview of the ceqa, i believe that concerns raised were either addressed in the e. I. R. Or met the ceqa guidelines or not applicable. As previously mentioned, the study of a smaller density project with 500 units were analyzed as part of the balboa station area plan in 2009, and the e. I. R. Does not need to consider every possible alternative to a project but just a recently range of potentially feasible alternatives that will foster informed Decision Making and public participation. So while the appellant would have liked to have seen 100 affordable units, it would not have significantly changed the c conclusions from the initial study as there are still unavoidable impacts. There is no conclusions you can build just on the 100 affordable rate. City college has their own e. I. R. Process that has to identify cumulative impacts. And on the issue of parking, the loss of parking is not something that ceqa evaluates as a Significant Impact. I know that that is frustrating to the members of the public and sometimes even myself as a board member, but we have to look at the issues with impartiality. Lastly, covid19 has changed our current circumstances, but it is unreasonable for us to ask that every e. I. R. For the foreseeable future and its implications, just like we do not expect Something Like this or a natural disaster, like an earthquake. This is not a requirement for e. I. R. Projects. The unavoidable impacts by this project, some of which can be mitigated and others which cannot, those were reflected in the analysis. To the members of the public, i know how currently unsatisfying these procedures can be. The board must serve as a quasi judicial function on these issues, and we take this very seriously. Our role today is to evaluate the facts, findings, and methodology on whether or not the e. I. R. Was done in a complete manner. As we are not looking for perfection but adequacy and a good faith effort. It seems to me that the Planning Department made every effort to address concerns, even outlining that what would be typically required for evaluation. In the merits of the project itself and ways we can address the very valid concerns of the public and Community Members about affordable, parking, and traffic, these are aspects of the underlying zoning and Development Agreement. I believe the e. I. R. Met the ceqa guidelines and chapter 31 of the San Francisco code. With that, colleagues, i would like to make a motion to approve item 37, affirming the motion of the Planning Commissions certification of the final Environmental Impact report prepared for at the proposed balboa reservoir project, and to table items 38 and 39. Okay . Can i have could i have a second on that . Supervisor peskin second. President yee second by supervisor peskin. Supervisor peskin, do you youre on the roster. Would you like to Say Something . Supervisor peskin no, i would like to say, mr. President , that the way you and your office have stewarded this matter has been superlative. I would like to thank you and your staff for their remarkable work. I have read the environmental documents and concur with your conclusions and am happy to second this motion. President yee okay. Then madam clerk, would you like to take the roll on this . Clerk yes. On the motion to approve item 37 and table items 38 and 39 [roll call] clerk there are 11 ayes. President yee without objection, item 37 is tabled and item 38 and 39 are approved unanimously. Thank you, colleagues, and i want to also thank the Planning Commission and others that have been on this hearing for a little while, and you probably need to continue to be with us for a little while more. Well move into items 40 through 43. Madam clerk, can you please call those items . Clerk yes. I will read items 40 through 43, but will refer items 40 and 41 was sent from the land use and Transportation Committee. Item 40 is an ordinance amending the general plan to revise the balboa park station area plan, the recreation and open space element and the land use index, to reflect the balboa reservoir project, and adopting findings. Item 41 is an [inaudible] clerk Residential Development along ocean avenue to the south. For items 42 through 43, these two items were referred without recommendation from the budget and finance committee. Item 42 is an ordinance approving a Development Agreement between the city and county of San Francisco and Reservoir Community partners, l. L. C. , for the balboa reservoir project located generally north of the ocean avenue commercial district, to suspend for the purposes of this project conflicting provisions in several coats. And item 43, resolution approving and authorizing the execution of an agreement for sale of real estate for the conveyance by the city acting through the San Francisco Public Utilities commission to Reservoir Community partners, llc. Of approximately 16. 4 acres of Real Property in assessors parcel block number 3108, lot number 190, located near ocean avenue and fri frida kahlo way, for 11,400,000, and adopting findings. President yee okay. These are items that we have been hearing about. I dont know how to make this short, so i hope that youll bear with me. This is a lot to talk about, and theres some amendments that we need to talk about. Really appreciate that this is tough to sit through. So colleagues, i have heard over the course of the previous hearing how much people care about this project. It has been a very long journey to get to this point. This started, as mentioned, this started in 2015, when discussions about the site started, and it was unclear what was trying what was trying to be achieved. Initial meetings dissolved into shouting matches. Thus, when i worked to create the balboa Reservoir Community Advisory Committee with appointed representatives from Westwood Park, member of the former balboa station park area planning committee, a representative from the p. U. C. , c. A. C. , and representatives of one of the high School Institutions in the neighborhood, the c. A. C. Facilitated a Community Process that led to the creation of principles and parameters that forms the developer Selection Process and formed the project that is being before you today. They have met regularly for over four years to solicit feedback, and i really want to thank all the current and former members for their volunteer time. And just to give you an idea, im going to mention it, but they met over those four years a little over 50 meetings, so there were plenty of opportunities for input. I didnt go to all 50. I probably went to 42, but my staff, jenn, went to all 50 of them. There were strong comments because of how strongly the Community Cares about our the neighborhood cares about our community and the neighborhoods. We asked the same questions from the beginning, and the p. U. C. , which owns this parcel, never made that available option. There is a need for a fu fundamental policy change. We have fought hard to make sure the Affordable Housing that stays affordable perpetually let me say that again. We want to make sure that the Affordable Housing piece of this will stay affordable in perpetuity and the land beneath those buildings will be deeded back to the city. I also understand the desire for a 100 affordable project. On a level of principle, i do not think anyone on the board would disagree, but evaluating all the circumstances that we go through on this site, it would not work on this particular project. We would have to deplete the entire 600 million of Affordable Housing bond that was just passed last year and would need further resources to complete the project. Its a project that still would be difficult to finance and not maximize the full use of the site. The project gives us 550 much needed affordable units and still allows the city to create more units with other projects around the city using the Affordable Housing bond that was passed last year. I dont disagree with you, but there is an issue we need to address head on. The systematic divestment of Affordable Housing is what leaves us with few options to build what we need. We need more sources so that we do not have to make these difficult choices whether were going to do it or not build it. It was always my goal to fight for the best possible project to serve the community. I think those of you that know me on the board realize that i am not one to back down from tough decisions and negotiations. I live in the neighborhood, i raised my children here. I went to city college here, and i want to see more families share the same experience i was so fortunate to have. To be honest, i would like to see a less dense project, but over time, it became clear that there were tradeoffs, and evaluating the project as a whole, the Public Benefits outweighs the impacts. This is not just a Housing Project, but an extension of existing neighborhoods that also respect historic characteristics of singlefamily craftsman homes of Westwood Park and the Campus Community of city college. The project is scaled to fit within those distinct building characteristics while providing physical connectivity. What i am most excited about is to provide families with children and multigenerational households the ability to live in this neighborhood. The board will also be voting today on a general plan amendment that is long overdue, which is to promote and define child friendly housing. San francisco is trying to become a unicef child friendly city, but before that, we were trying to move the needle on how to incorporate child design as part of the dee plannincity so this is what were doing. People are fleeing the city because we do not build or design for them. From our streets to our Housing Units, we do not always center around the childrens needs. I became so fire of seeing only tired of seeing only studios and one bedrooms with amenities like fire pits and Doggie Daycares being built with no resources for Child Care Centers. San francisco businesses used to tell me that they did not want to market to families in multifamily buildings, so we worked and developed a policy guide that resulted in todays general plan amendments. The balboa Reservoir Development will be using this guide, and its committed not only to more multibedroom units, but also to Design Elements that cater to the families with children. We are in desperate need to reverse the trend of family, family flight and with a project that will bring Family Friendly child care across the center and could set the course for change in our city. We want to be building completely diverse neighborhoods, not just boxed for people to sleep. What i see here is an addition to our vibrant neighborhood community. I see my grandchildren playing here in this park, parents walking with their kids along ocean avenue after picking them up from child care. I see city college faculty, staff, and students who can live across from ocean from the ocean campus. I see tenants taking classes at city college to enrich their own lives. I have mentioned before that this site has been discussed for housing for members of city college, and it has been sued and blocked even when it was a lower density project. I do not believe that we will ever be satisfied. There will always be a reason to reflect a proposal. If we wait for the perfect project, there will not be one in the foreseeable future. Despite some of the problems, we have many amenities that many projects dont have. This site can be more than just a parking lot. Here, we have the visible option to meet all the goals, especially the 550 units of Affordable Housing, with 150, 150 units dedicated for educators. I hope we can see that this is the best possible projects for the conditions that were faced with. Ev colleagues, i would like to provide an overview, make motions to adopt the amendments, but to hold off on final votes until the end of the discussion. So on item 41, the special use district, i would like to propose an amendment, the special land use and Transportation Committee regarding the height of parcel g and to limit the rooftop. I doubt that everybody has a map, but thats the the building thats closest to reardon and closest to sunnyside neighborhood. And we want to basically limit the rooftop accessories so exempted features do not exceed so exempted features do not exceed 20 of the rooftop area. These are these chim kneneys a wells that were added. We can exempt other features, articulating roof forms and additional ceiling height as common to s. U. D. S or are consistent with current planning code. There is an amendment to the design Standard Guidelines to amend section 7. 24 to add adjacent penthouse equipment. Colleagues, i would like to make a motion to adopt these amendments to item 41. Is there a second for the for these particular amendments . Supervisor peskin second. President yee second by supervisor peskin. Madam clerk, can you please call the roll on the amendments for to item 41 . Clerk on the amendments to item 41 [roll call] clerk there are 11 ayes. President yee okay. Without objection, the amendments are adopted unanimously. We will come back to this amendment amended item later for the final vote. So for item number 42, i want to read into the record the amendments to the underlying Development Agreement. We actually discussed moist of the these in the budget most of these in the budget and finance committee. Oewd, can you please put up the slides here so that people can follow . We talk a little bit about the housing parcels. The developer dwill dedicate te three affordable parcels back to the city. They will then be leased back to the developer for affordable units with certain restrictions. Over 50 of the project site will be under public control and access, so thats sort of a summary of that. And then, educator Housing Affordability restrictions, i wonder if im looking at the wrong slide . President yee, this is leigh from oewd. Im also happy to pull up the full list of amendments if you prefer. The primary affordability in the first bullet deals with the primary in the first bullet. [inaudible] president yee okay. As i said, already said, they will go ahead and deed it back to the city in terms of the Affordable Housing sites. I want to note that the educator housing due to the private developer financing and the state Tax Exemption for the affordable educator housing building, it makes more sense for that particular parcel to stay with the nonprofit developer. And however we put items in this parcel to extend the restrictions out to 99 years or the life of the project, okay . And then. We wanted to refine the a. M. I. Levels to serve the households of greatest needs and range of income levels. So we also heard a desire to serve more lower income households, so now, the proportion of lower income units to be provided in the project will increase from a minimum of 35 to a minimum of 50 , so in other words, moving that 1 9d93 units to 275 unitsr the very lowincome. 20 of the lowincome units will be provided at very, very low, between 30 and 55 a. M. I. The percent of moderate income units will be maintained at a range of 70 to 85 of moderate. Moderate educator units will have a range from 70 to 130 , with an average of 100 a. M. I. Any educator will be rental rate or purchase rate set above 100 of a. M. I. Will have a minimum occupancy of two persons. We also put in language to serve multichildren households or multigenerational household does, and we wanted to broaden the neighborhood province area to include all new residents included in ingleside. In working with supervisor safai, we are broadening the neighborhood preference of 1. 15 miles of the site to serve more residents of the ingleside neighborhood that are both in the 11 and 7. As with regard to the developer commitment to build, again, 33 affordable guaranteed. To ensure that the developer can continue to provide 33 Affordable Housing will not not amended, the parties agree that the developers commitment to provide 3 prs 33 Affordable Housing will never be reduced. Oftentimes, well hear from developers who come back and ask for differ waivers or changes to the agreement as they move along. This one will agree that theyll never decrease the amount of Affordable Housing units on this project. In working closely with supervisor peskins office, we included a provision of the developer of a schedule of performance. It will provide a schedule for the developer to meet certain predevelopment milestones by specific dates. And the city repurchase. For additional security, we included a city repurchase to encourage the swift production of the projects community benefits. The city will retain a right to repurchase the property if the developer has not completed the construction within 15 years of the start date. Any termination of agreement will be made subject to the board of supervisors approval. The next pieces important to our early care and educator community, the rent of the Child Care Center that were talking about for 100 children will be set at 1 annually to support the nonprofit provider who will be operating in that space so that we could have at least 50 of those 100 slots be for lowincome families. The project will rededicate the park and open space to the public, but i understand concerns about how we will ensure that everyone feels welcome and that Community Members from [inaudible] president yee while the site is public, the owners of the site, which is the developer team, will be responsible for maintaining it. We included robust language for community engagement, including the establishment of the open space Advisory Committee, with the appointments from the neighborhood of the from the neighborhoods and two seats from city college, one of which would be a student. The board extended the life of the balboa Reservoir Community Advisory Committee until next year so that they could continue serving. If this project moves forward, the committee would help with engagement, educating the project on the projects construction schedule, outreach, mitigation efforts, and help troubleshoot any arising issues with the developer. We can include long we will include language in the Development Agreement to acknowledge the developers commitment to agoiongoing commy engagement and other neighbors during the construction and even afterwards. The Development Agreement provides an exhibit on how a developer will be held accountable for mitigation, impacts on their arp quality, noise, and construction. Its important air quality, noise, and construction. Its important for neighbors to have input on these issues, especially with a school nearby. Theres also an understanding that the construction routes would go through ocean avenue to avoid further congestion in the neighborhoods. Lastly, the issue that is the center of this projects transportation, we have written commitments from sfmta on the projects that they have expedited and have underway to they have expedited and is underway to improve transit reliability for this neighborhood, and further studies to include traffic, especially around the fri frida kahlo way. We also anticipate the developers to strongly consider implementing incentives for tenants to use Public Transit. This includes a monthly pass, and we included key elements of the m. O. U. Between the city college of San Francisco and the developer. The m. O. U. Was just passed in the last few days between city college and the developers, just in case people didnt know that. They will also collaborate on establishing dedicated parking for city college Community Members. This is to this, to me, is key to addressing the parking issues. The developer will also offer Valet Parking and other solutions during the time on which city college and balboa reservoir site are under construction during peak times when parking is necessary. Colleagues, i would like to make a motion to adopt these changes into the Development Agreement, so do we have a second . Supervisor peskin second, peskin. President yee thank you, supervisor peskin. Madam clerk are there any questions about these . Supervisor peskin, do you have any questions about these . Supervisor peskin i have no questions, president yee. I do want to, number one, thank you for your leadership in this matter, and i want to thank the office of economic and Workforce Development for the willingness to change the d. A. , and i want to thank the Developer Coalition for their willness. I do believe that theres a learning lesson here, and the learning lesson is, going forward, we should do all of these deals on a ground lease forever. Supervisor mandelman made that clear. This was halfway baked even before, mr. President , you had a part of this deal, but i do think that our board of supervisors should, as a matter of policy, make all these deals subject to ground leases forever. Having said that, i think the changes that have been said forth in the d. A. Are really quite meaningful. The useitorloseit provisions that you have described, the fact that you cannot in any way retrade on affordability, and i want to thank you and your staff for that. I really want to thank jim lowe, and i understand that you live in the community that is not really excited about this deal, with you im not sure that supervisors have legacies, but i think this might be your legacy, president yee. President yee thank you, supervisor peskin. I dont have any legacy except to play with my grand kids. Supervisor safai . Supervisor safai thank you, president yee. Supervisor peskin said it all. I would ask to expand the radius that would allow for neighbors to be able to qualify for the neighborhood preference. That was something very meaningful for our districts, since our districts and neighborhoods straddle and are adjacent to one another. I think there were a lot of issues that needed to be balanced. You were steadfast from the beginning that there was no way that this would go forward without 50 affordability, and you stuck to that. You worked hard, along with many of us, to pass the Affordable Housing bond, and now that will be put to use on that to ensure that 50 affordable is met. I just want to thank you for your leadership. I know that theres some people that still have some reservations, but this is a wonderful deal i think for the community, and i think that, at the end of the day, being able to expand the radius to clue the neighborhood over in the lakeview o. M. I. And parts of the excelsior, i really appreciate you taking those amendments and working with us on that, and thank you for your leadership. President yee thank you. Supervisor mar . Supervisor mar thank you, president yee, for your leadership. I also want to thank all the stakeholders that have engaged in balboa reservoir throughout the years and also those who have taken their time to voice their comments around the decision point. I would like to frame my comments around the fundamental questions and what is the best use of our limited public resources. How is the expression of our land a reflection of our public values, and finally, is this project a good deal . Public parcels, especially on this side, the west side, is a precious commodity in our city where land is so rare and valuable. They are a way to envision how we build San Francisco communities of the future, and for this new community at balboa reservoir, i support the project and also the amendments made to keep the land public to ensure permanent affordability. The family sized units, park, and outdoor areas, the townhom townhomes fronting Westwood Park are all part of the Larger Community that this is a part of. I respect the decadeslong process that this has taken to get here, and i appreciate the input from diverse stakeholders, and therefore, i will be voting to support the Development Agreement, item 42. But regarding the land sale, however, i believe it is misguided and short sighted to not analyze the opportunity cost of retaining such an important publicly owned site for 100 public use, whether its Affordable Housing, city college needs, Community Services, or even for piloting new models. And at 11. 4 million, i agree with many commenters, we are grossly under valuing this land by as much as 50 , and the site should have been appraised at its intended development potential. So at this sale price, the city is providing a hefty subsidy to a private developer who simply doesnt need it. In this project, the city is also subsidizing the developers 33 affordablity and construction commitments to the tune of 82 million through the use of state tax credits, park bonds, state infill grants, and other subsidies, and its unclear why the forprofit developer alone cannot afford the land cost and the 33 affordability when weve demanded it of on projects. They can, and we just need to do it. I approve the partnership between Bridge Housing and avalon. We simply need to be transparent and honest about the private financing and pub subsidies so we as policy makers can make informed decisions on whether we have a good deal. When developers build roads, utility infrastructure, parks, Child Care Centers, and parking, they add value to their market rate development. But when the public subsidizes this infrastructure, we, too, add value to the market rate housing. And certainly, there are Public Benefits that result in such investments, and i fully support integrated communities with access to amenities. We simply need to represent their value accurately, both to the public and the profit margin of the market rate home, and this is how we determine whether how a mixed Income Project on public land is a good deal. So with all due respect to president yee today, i will not be voting to support the balboa reservoir land sale, item 43, because im just not convinced it represents a good enough deal to our city, given the immense opportunity of this prime public site. While 50 affordable units sounds very impressive on the surface, its much less impressive after hearing the subsidies, and also in comparison to other Affordable Housing developments on surplus public land, such as the educator Housing Project at the Francis Scott key annex site in the Outer Richmond project. I believe that more information is needed, especially in spite of the growing housing insecurity for so many, along with growing widespread changing of how we work, especially in the tech sector. Now more than ever, we need a new framework and division for Housing Development in our city. The status quo has not worked for the majority of san franciscans, even in the midst of one of the Biggest Development booms in city history. As was stated earlier, according to the Planning Department, weve over produced market rate condominiums, and were already at 140 of our citys goal for market rate housing through 2022. So i believe its time for us to refocus on development that truly meets the need of our City Residents and communities. And again, i really appreciate all the work that and thoughtful leadership that president yee, youve got on this project over years, and i will be supporting the Development Agreement but not the land sale. President yee thank you. Supervisor fewer. Supervisor fewer yes, president yee. You know, i want to thank you and also your chief of staff for your all your hard work engaging with the community on this project for the last five years. You know, i think its an impressive accomplishment to bring 550 units of Affordable Housing to a parcel of land. I think that most of us would agree that, you know, we would love for this to be a project where all 1100 units are Affordable Housing, but thats not the choice that we have before us today. And i think all of us would sort of agree that we would like the land to be leased instead of sold, but president yee, i have to commend you because you really listened to the community, and in the last couple of weeks, youve done almost an incredible, amazing job. The fact that the majority of the land will be leased back to the city, given back to the city is incredible. Also, there are a lot of things that i like about this project. I like the fact that theres educator housing. I like the fact that its for families. I like the fact that were building for low and very lowincome families, and i like the fact that the Child Care Center, theyre paying 1 for rent so that lowincome families can actually have good educational outcomes for their children. I think this is the type of project that its hard to bring forth to a community where the majority of your constituents are singlefamily homeowners. And i understand and im hearing from the community that, yes, people are saying go back to the drawing board, go back to it. And i just want to say, like, it is easy for me to say, who owns my own home, okay, go back, get a better deal. But already, this project has taken how long . And knowing if we went back, it would take how much longer, and knowing how many families are in need of the lowincome housing . I have just met with homeless families. This is the kind of project that they need immediately. They cant wait another 15 years or 20 years for this to be built. They need it now. And so although so i really want to associate my comments with supervisor peskin, so and i also want to thank supervisor mandelman and supervisor peskin how they actually strengthened Development Agreements. I also want to say that, yeah, in this whole thing, i also think that p. U. C. And oewd did not do us a good turn on this. I think that they should have been more forth right. I think that we should have looked at leasing the property rather than selling it. I know that Development Corporations want money, but i think that looking back at this, i think this is something that we should change in the future. And i have asked my staff to draft something to look at what we as supervisors are able to look at regarding public land. I think this should be 100 Affordable Housing, but in weighing everything, i want 550 units of Affordable Housing to be built, and i want it to be built in a time where families can actually partake in that. And i love that theres Affordable Housing across from city college. As a former city college student, and my husband as a former city college student, i think it would be wonderful for teachers to live across from where they work, and then students also to be able to live there. And i also think itll increase enrollment of city college, too. So i guess in a nutshell, i want to say that i think we should have legislation that actually doesnt allow the nontransparency of what can happen with these enterprise departments. And i want to say our next challenge is potrero yard. We have an opportunity actually to change this with potrero yard. So those of you that are going to stay on the board, i want to say that this should not happen with potrero yard, that we should n should be leasing the property, not selling it. I just want to say that im quite amazed that you have gotten through this Development Agreement and how youre creating community, and also, ive listened to the community in which you live. The homeowners, the people who live there that also say that there is something that youve worked on with your Community Process. This is close to transit. I know this is a Large Development for your neighborhood, and i want to thank your neighborhood, actually, for welcoming these new neighbors into your neighborhood, which is such a lovely neighborhood to live in and to give more people the opportunity to live there. So president yee, i just want to say thank you. I also do think thisll probably be a legacy project for you. I take a lot of tenacity to approve a project like this in an area that is primarily singlefamily homeowners. I take pride in saying that i support this, even with the caveat that yes, that public land should never be sold, but the fact that the majority of land will be deeded back to the city, it is a compensation that makes me feel better for this project, and thank you, president yee. Supervisor peskin hear, hear. President yee so, you know, yes, i wish the whole process started back in a way that it was a lease back or a lease. But the r. F. P. Was written as a as a property sale, and so people do their calculations accordingly. Actually, to be truthful, im very happy the developers were willing to lease back 50 of the land back to the city. They didnt have to do that, and there was no pressure, i think, and most of you knew that id have your back on that issue. One issue, like a school yard [inaudible] it should be its easy to say 100 affordable. But heres the philosophically, this is a neighborhood that were building, and i really think its been the wrong approach, and people that have lived here 50 years, 60 years know what im talking about. You build these neighborhoods of poor people, and you build these neighborhood of rich people, and you never mix them. And you wonder why certain neighborhoods go to their neighborhood schools and others dont . Theres no mixture. So yes, this is public land, but i feel okay with this development having a mixture of incomes. I want people with different incomes to mix. I want them to understand each other. I want them to be good neighbors. We had built this 100 affordable, you can imagine what people around them would be saying. This isolation of 30,000 people you dont belong here im sorry. Supervisor fewer but president yee, if i can continue my comments, you have been a proponent of Public Housing. You shepherded in a 600 million Public Housing bond. I understand the circumstances that happened around this, but i just want to say that, again, those of us that live in homes that we own, how much longer can they family and see homeless families wait . How much longer can they lowincome families wait for house like, a place that they can really live, and they can thrive, and they can live and plan with their families. But even a developer or someone that was proposing a project that would plan that, this is a much better project than mission rock. I thought about the mission rock thing, and i thought about the giving back, that having this for teachers and having it for families, and having it not just housing but also building lives. This is what mission rock did not do, is theyre building Affordable Housing, but theyre not building lives. This is actually building lives and families and livelihoods. And im hearing well from dear, dear friends that it should be 100 Affordable Housing. You know, i think that given everything, and the fact that this already wont be built until when, norman . I think 2026 or something, i just hope our families can hang on that much longer, and our teachers, too. President yee supervisor peskin . Supervisor peskin thank you, president yee, and thank you, supervisor fewer, for your comments. While i hold the president in selfesteem, i would like to make a few comments that were mentioned earlier. I would like to point all of you to the changes in the d. A. That i spoke to earlier where that there can be no trading on this agreement on Affordable Housing now or ever unless the future board of supervisors are bamboozeled into t bamboozeled into changing the affordable rates. I want to point you to the changes in the d. A. , and thank you, president yee, and more particularly to your staff and the City Attorney staff, charles sullivan, and elizabeth i forget her last name who created the language that is set forth in the d. A. That very clearly sets forth that there is no way that you can get out of not only the affordablity, but youve got to use it or lose it. And there have been any number of developers who have gotten entitlement like this and bank it, sold it, lift it. And the language that president yee and his team and the City Attorney and my office set forth that the is in the amend in the d. A. Quite explicitly says youve got to use it or you lose it and is set forth in the attachments herein. Before we pat ourselves on the back, before the yimbys and the yimb nimbys do their things, the thing is, are you going to use it . To president yee, yes, i do believe that is his is his leg. The fact that you managed to do this and not be pushed out of your neighborhood is unbelievable, and i know some of your neighbors, so with that, i i am going to vote for this and i do want to say to the opponents, proponents of this, this is the way that government is supposed to work. I im honored to be involved in this process for all five years. President yee thank you. Why dont we go ahead and, madam clerk, you take the roll on the amendments on the motion for amendments . Clerk okay. This would be on the motion to accept into the record the amended version of the underlying document, the Development Agreement, item 42 . President yee yes. [roll call] clerk there are 11 ayes. President yee so the motion to accept the Development Agreement as amended is passes. [gavel]. Clerk okay. President yee so let me just say a few more things and try to wrap it up. I really appreciate the hundreds of hours if not thousands of hours Community Members have spent to help design and built this project. The staff and i also want to thank the staff at the office of economic Workforce Development, especially lee and ann and the Planning Department, the City Attorneys team, and for all the work that they have put into this from the beginning to the end. I mean, im literally to the end, where they just kept tweaking as much of the language as possible, especially the Development Agreement. I want to thank my colleagues, particularly supervisor peskin and safai. In talking to you, we picked up other ideas that we put in there, so thank you very much. I want to acknowledge the development team. We went back and forth with demands, and they were very accommodating. They want to see as much as anybody else a good Family Friendly development, and they seem very committed to that. They never shied away from having the hard conversations when we needed to, and be responsive to the needs of the community, and i appreciate their liberal willingness to collaborate through this process with these 50 meetings that were talking about. And then, to all of you, once again, thanks for, you know, being patient with this. I know its been a long day, long night, but its been a long five years for me with this project. And again, i want to really thank my entire team, but in particular this project. Thank you very much, jenn. Hopefully, youll get some sleep after this. And then, so colleagues, are there any other things that anybody wants to say before we go ahead and ask for roll . Thank you. Madam clerk, it seems like we better call item can we call 40, 41, 42 together, and probably 43, we have to take separately . Clerk okay. Yes. On items 40, 41, 42, with items 41 and 42 as amended [roll call] clerk there are 11 ayes. President yee okay. So the ordinances are passed on first reading, and the resolutions are adopted unanimously. Okay. Lets take this item, 43. Clerk on item 43 motion moti on item 43 [roll call] clerk there are ten ayes and one no, with supervisor mar in the dissent. President yee by a 101 vote, then, this resolution is adopted. Madam clerk thanks, everybody, for being so patient. Lets go to item 45, roll call for introductions. Clerk supervisor fewer, you are first. Supervisor fewer yes. I would like to ask that we adjourn todays meeting in memory of john ryan hyman. He was born in 1943 and agree up grew up attending schools in the city. He is survived by family and relatives throughout the u. S. And ireland. John leaves behind his rescue dog, stormy, and leaves behind countless friends, including his friend, marty, who reached out to my office to notify me of his passing. Johns ancestors came to San Francisco from distant shores. John was a budding young thespian and animal lover and a gentle soul, always focused on helping others. John was known and loved by many san franciscans, both in his beloved richmond and beyond. He and stormily were frequently recognized walking through our abundant open spaces, including Golden Gate Park and the presidio. John found a home in the Recovery Community and recent began working with larkin street recovery services. His friends and family describe him as a cheerful person and happy to his core. John hated knowing that someone was not feeling well or happy, and he would do everything in his power to cheer them up. It is not surprising in the wake of johns early departure, he coveted those that he left behind. May i rehe rest in peace. The rest i submit. Clerk thank you, supervisor fewer. Supervisor haney . Supervisor haney yes, thank you, madam clerk. I have two items, or resolutions that im introducing. The first is a resolution in support of a u. S. F. Workers united, a Broad Coalition of workers who are standing in solidarity during this pandemic to protect the wellbeing and future of the workers at university of San Francisco. I drafted this resolution with the Coalition Members at opeiu local 29 and seiu local servereservers west, local 2. Massive furloughs are occurring all over the university and the bay area. Millions of workers have been laid off or furloughed. Faculty, office staff, technical workers, laborers, janitors, and Service Workers are all reeling from the announcement and fear for their future. We know that the tragic impacts of this pandemic have disproportionately black and latino communities, and this is exactly what were seeing with these furloughs. Black and latino workers, especially those in the service and Hospitality Industries are disproportionately affected by furloughs. Black and latino unemployment rates are 15 and 14 . Employees earning less than 20 per hour were 115 more likely than those making 30 an hour to be furloughed or laid off. Workers that have been partially furloughed or working reduced hours may not be able to qualify for Unemployment Insurance or wage replacement. This resolution is demanding the university bargain in good faith with the members of u. S. F. Workers united in prioritizing housing and bargaining the necessary conditions for a safe return to campus with a safe reopening and placing First Priority on the protection of u. S. F. Community members, including workers and students. I hope that our board can stand in solidarity with u. S. F. During this economic crisis. We must look out for our vulnerable workers as they struggle to support themselves and their families during this time. I also have a resolution together with supervisors walton and preston to affirm directing resources to housing for the black community. It is critical that as we talk about our commitment to Racial Equity and investment in the black community, we have to explicitly recognize and commit to change the fact that black san franciscans are 37 of our homeless population. Nearly 30 of our families experiencing homelessness are black or african american, and blacks are the severest rent burdened, at 23 . Yesterday, dozens of leaders came together in a powerful art project, which read housing black. It was one of the first murals that we know on was specifically focused on housing in the context of black lives matter. Some of them that experienced housing in the tenderloin and now lead agencies there spoke to how black people have been pushed out of San Francisco for generations. We should be making immediate investments that we know are underfunded now, and as we make an impact for black san franciscans, including expanded housing subsidies, rental stance for back rent, immediately filling vacancies in rental housing, legal representation for those facing eviction, rapid rehousing and Supportive Housing investments. We cannot have a city that values black people if we cannot to leave them out on the streets and sidewalks and facing displacement at levels that no other members of our communities are facing. Again, i want to thank megablack and all of the other organizations that were participating in the tenderloin, and i know that our mayor is going to step up with the leadership of chair fewer during the budget process to make sure that housing of black san franciscans is a top priority. The rest i submit. Clerk thank you, supervisor haney. Supervisor mandelman. Supervisor mandelman thank you, madam clerk. Colleagues, today, i am requesting that we adjourn our meeting in memory of susan maher who died on august 8 after waging a sevenyear battle with cancer. She was 77. Susan was a fourth generation san franciscan, a resident of noe valley. She grew up at 17 and castro, and spent much of her childhood in the castro at her parents store, maher flower shop. Susan was a fierce demokras and a strong ad voedemocrat and a strong advocate for homeless san franciscans. She was a long time member of the Irish American democratic club, served on the contract funding negotiating team and fought for social rights and justice. Her greatest joy was her children, tony and michelle, and her seven grandchildren. Rest in peace, susan maher, you will surely be missed. The rest i submit. Clerk thank you, supervisor mandelman. Supervisor mar . Supervisor mar thank you, madam clerk. At our request, the budget and legislative analy [inaudible] supervisor mar especially now in the midst of the Health Pandemic and economic crisis. And as stewards of public dollars. We have a deep responsibility to make sure these dollars are spent effectively and to act as a check and balance on the administration of local Public Services and programs. These two audits reflect these responsibilities, and i look forward to further discussion on our findings and recommendations for our citys response to homelessness and Workforce Development. The rest i submit. Clerk thank you, supervisor mar. Supervisor peskin . Supervisor peskin thank you, madam clerk. I do have legislation to submit, but id like to adjourn todays meeting in the memory of norman harry, the former chairman of the pyramid lake payute tribe of indians, who i worked with for the past 25 year yea years, who passed away this morning. And ruth wiesch, one of the great beat poets, who died of a normal course of life, and norman yahni, who passed away peacefully on sunday. The rest i submit. Clerk thank you, supervisor peskin. Supervisor preston . Supervisor preston thank you, madam clerk. Today, i am calling for a hearing on things that the city can do to maximize Affordable Housing on public land to increase public Housing Projects. This body has had significant conversation about the project at balboa reservoir, and i want to recognize the work of president yee, as many of my colleagues have done during the course of this hearing in really balancing many interests to arrive at a project with significant affordability on public land, a project many years in the making. Ive been in Office Nearly nine months, and president yee has been working for this years before i got here. Im concerned about a trend that i see in which the floor of 33 affordable on public land set by voters in proposition k has become not just a floor, but i think the floor, the ceiling, and everything in between in a sense, and i fear that we are as a city accepting rather than challenging as a notion the fact that public land can be used primarily for market rate housing rather than the desperately needed Affordable Housing. I want to be clear, this is not just about balboa reservoir, although that certainly has sparked the discussion in thinking, but i have broader concerns about what the template is for future development on public sites. I think the reality is if were going to meet the goals set both regionally and by our own general plan, we need to be really boldly pursuing outcomes that maximize onsite Affordable Housing, and we need to address and tackle the very real barriers and challenges that too often prevent us from being able to to develop land for 100 Affordable Housing. So the city is in the process of updating our housing policy that address the citys Housing Needs in terms of adequacy, affordable, and social equity, design, resiliency, and liveability. And the last time we visited this set of policies in 2014, the resulting recommendation was that 60 of the housing build in San Francisco should be affordable to moderate and lowincome residents, and that clearly has not happened. We are not even close to achieving that goal. And going forward, the increased Housing Production demanded by our updates rhna goals, the Regional Housing needs allocation goals, updated in june, makes the forecast even more stark. So i think the only way we can meet those goals is if we maximize Affordable Housing. I think public land plays an absolutely crucial role in that. There are a number of prochbje coming up in the near future that seeks to use public land. Our intention with this hearing is to really lay the groundwork early on in this project to maximize the Public Benefit to make sure were doing Everything Possible to maximize the Public Benefit at these sites chlts. So i lo so i look forward to discussions on this issue. I think we need to dive into the details, hear all perspectives, and most importantly, we need to have that conversation not just at the moment of project approval when somethings before us, but before early on, as we map out our path to achieving our citys affordability goals, and the rest i submit. Thank you. Clerk thank you, supervisor preston. Supervisor ronen . Supervisor ronen yes, colleagues. I just have one short item today, which is kind of fun. Im introducing a resolution that seeks San Francisco animal care and control to enter into a use agreement with big fish l. L. C. To develop and produce a live series about live rescue about animal care and controls Emergency Rescue calls and animal control officers. Its a local agency that investigated animal cruelty, enforced Animal Welfare laws rescued injured and orphaned animals. My family got our own guinea pig, oreo, through animal control. This documentary series will help San Francisco and the general public better understand the crucial role that the department plays in sheltering homeless, orphaned, and abused animals, and providing services to the community, and the rest i submit. Clerk thank you, supervisor ronen. Supervisor safai . Supervisor safai submit. Clerk okay. Thank you. Supervisor stefani . Supervisor stefani thank you, madam clerk. Colleagues, today, im introducing an emergency ordinance that will temporarily set limitations on construction noise in apartment buildings. Everyone in our city is under an unbelievable amount of stress and fatigue right now. Its been almost seven months since we declared a local emergency in response to covid19 pandemic, and more than 120,000 san franciscans are unemployed, suicide and Domestic Violence are rising, and our covid19 transmission rate remains entirely too high. It is important that our residents can safely go to work, go to school, or care for their loved ones at home. Their physical and Mental Health requires it. My office has been working for weeks with tenants who aren did you remembering endless construction. Essentially, the Apartment Units surrounding these tenants are being demolished and rebuilt from the studs up. They are harmed by debris and noise all day every day. Its been going on for months and is expected to continue throughout the fall. In one incident, construction punctured the tenants ceiling below. Based on what we are seeing, we believe that these very large landlords want to drive out their existing longterm tenants and reconfigure the apartment layout to accommodate future rent increases. I do not want to halt construction or necessary improvements, but landlords have a responsibility to keep projects that theyre working on inside. They cannot allow projects that theyre working onto spill into the adjacent units without any abatement or mitigation particularly when were all forced to stay home. Right now, the tenants are paying all the costs and the landlords are reaping all the benefits. This ordinance sets limits on the amount of noise that a tenant can be subjected to in a neighboring apartment. Landlords can keep the noise indt inside the unit that theyre renovating. I want to thank supervisor peskin for introducing legislation about sheltering in peace. I look forward to working with him on these issues. Finally, colleagues, i would like to close todays meeting in honor of my dear friend, andrew greg, who passed away suddenly in june at just 55 years old. Andrew was born in newport, rhode island and grew up in chapel hill, North Carolina before attending duke university. He cared deeply about alleviating human suffering both in his Immediate Community and around the world. After graduating from duke, andrew was active in the antiapartheid movement. Andrew became a San Francisco resident in 1994 and began his career on the west coast as a senior policy advisor to former san jose mayor susan hammer. He later worked as a partner in two San Francisco consulting firms, where they focused on Land Use Planning in the city and around the bay area. In 2008, he founded his own firm, a. T. G. Public affairs, to continue the work he was so passionate about. All of us who new andrew knew how much he wanted to make a difference in the world and how much compassion he had for others. You could always count on him to answer your call and help out on any issues, big or small. He was a kind and decent man. He lived upon spiritual principles. He was honest and tried to help others. I will miss our conferences, our occasional coffees, our workouts where i would politely listen to his tips on how to lift, and all his Text Messages when i needed cheering up. He was always there when i needed to vent. When you lose friends quickly and unexpectedly when you just texted two weeks ago about a job he was applying for, the sudden loss of andrew reminds me to tell my friends and loved ones how much they mean to me and to remind people to never forget how grateful i am for think friendship. Andrew is survived by his parents, his brothers and sisters, and all his friends too numerous to count. He is gone to soon, and we will all miss him tremendously. And andrew, i promise to keep trudging the heavy road to happiness, and i will miss you dearly. Clerk thank you, supervisor stefani. Supervisor walton . Supervisor walton submit. Clerk thank you. President yee . Youre muted, sir. President yee first of all, supervisor mar, id like to cosponsor your resolution around Affordable Housing. Just to have us give a standard to sort of reach instead of having oneoff discussions all the time, so thank you. I just want to do something really quickly. I want to introduce a motion to have a closed session next week to get an update on the labor relation discussions that the mayor is having, given the fact that we just received the budget all of us received the mayors budget, and in the next few weeks, were going to go rapidly, trying to decide what were going to do with the budget and so forth. Part of the discussion thats going on with our Labor Community will have impact into what we have to do with the budget, so i think its important for us to get an update. The rest i submit. Clerk thank you, mr. President. Just checking out the roster. If there arent any other names on the roster, that concludes the introduction of new business. President yee thank you very much. What id like to do, i forget i should have done this right before the roll call, was to bring back item number 11 and have miss stuart kahn, if shes still here, to join us. Clerk she is still with us, and just for the sake of the public still watching, item 11 is discussion of the settlement with hastings law school. President yee i think i was asking supervisor peskin to summarize some of the discussion before you actually joined us, and maybe try to catch you up in the questions that you might be able to answer. Supervisor peskin, would you like to do that . Supervisor peskin thank you, president yee, and thank you, ms. Abigail stuart kahn, and its amazing. It looks like your background is in the middle of the day. Thats remarkable. I never sleep, supervisor. Supervisor peskin thats right, but the sun does set. Having said that, i think that, number one, i wanted the department of homelessness and Supportive Housing to characterize the settlement, but number two, insofar as i predicated that this is a limitedsum gain, i wanted to understand that as we use the limited resource that you have and we all read the chronicle article that youre understaffed and trying to staff up, how using your limited resource in the tenderloin takes away from other places, whether its supervisor mandelmans district or supervisor prestons district or supervisor ronens district or my district, so and i did say, and ive gotten a number of emails and Text Messages to the good and the bad since i said it, how or not how settling this case will not encourage other similar, quote, unquote, copycat cases, so i think thats kind of the context that i set forth before you were able to join us, and thank you for hanging on through what were all trying to do is create more housing actually, more Affordable Housing. So with that, through the president , the floor is yours. Thank you, president yee, supervisor preston. Supervisor peskin peskin. Im sorry. Apparently it is night time. Sincere apologies, supervisor. I am aware of the distinctions between the two of you, although you are right beside each other on my screen. Hes clean shaven. Thats it. I dont think you were asking me to speak to the potential for copycat cases. That would be well beyond my scope or my expertise. Supervisor peskin no, no, no, its not beyond your scope or expertise, and we do have City Attorney on the line. But the notion that we settle with one, in this case, actually a governmental institution, could lead to other similar settlements, in where, madam interim director, you will have to use your limits resources. So you dont have to speak to the law or the settlement, but you do have to speak to your limited resources and how you would deploy them if other similarly situated lawsuits were filed, and there have been a few, and they were settled, and youd have to do the same thing for district 8 or district 6. Thank you. That makes a lot more sense. As a social worker, i try very hard not to pretend to be an attorney. So the so just starting with that question first, i think we have limited we do taking a step back. The shelter in place hotels are created in partnership with out of the Covid Command Center in partnership with the Community Services agency, so they are responsible for mass shelter. As you know, supervisor, we ask all departments working to hire up as quickly as possible, and so were grateful for the master shelter in place Community Services agency, but with that in mind, they are a limited resource. So whether or not h. S. H. Has a flaw in that is moot. Its the amount that we can afford total as a city, depending on fema and how long fema stays in our community, [please stand by]. I think the tenderloin was a unique moment. As someone who works in the tenderloin every day, i describe it as a community that is complicated and beautiful in pretty equal parts, and the beauty of the tenderloin was lost during covid or greatly impacted. While it is painful to focus in one area at the cost of others, the city before the lawsuit was very much focused on the tenderloin with a neighborhood plan that was created by the department of Emergency Management in collaboration with communities. The hotels that were allocated for that project were originally isolation and quarantine hotel, so when we originally bent the curve, they were available to be repurposed and source of magically so, as director carol of the department of Emergency Management allocated. Across the city, the hot team has filled approximately 600 rooms from all different districts, and we have been sharing those updates with your offices. We are focused, as we have articulated we will be, tenderloin, mission, bayview, soma. And again, when i say we, i mean the city. So more is going citywide than to the tenderloin, and this was a very robust commitment to one community because it was so heavily impacts. So in the sense of does it take away from other places, yes. In my view of the city, was the tenderloin and the diverse both socioeconomically and racially diverse families and elders that lived there in those communities . At that time, yes, and so thats why the city was focused there. Whether copycat cases would limit the ability of the city to look for the most vulnerable individuals across the city, yes, again, not from a legal perspective, not speaking as a attorney, but someone in my position, we would want to go to the most affected community in the city, find them, and bring them indoors. That approach does not help resolve encampments in this a way that is in a way that is impactful for housed individuals. For example, supervisor ronen and i have talked extensively abo about 120 folks have bm taken off the streets of the mission, but nothing feels different until we take the approach of the tenderloin. Theres the vulnerable unhoused community that are my responsibility. Theres the entire community of San Francisco that are our shared responsibility, particularly, the encampment responsibility of hsoc. Hsoc can not help resolve encampments. Do i wish we could pool all these resources and put them together to fight covid . Yes. Was the tenderloin a very Diverse Community that was neglectly being affected . Y ye ye yes negatively being affected . Yes. Supervisor peskin thank you. Through president yee to you, one agency was suing another agency over a horrible situation that were experiencing on our streets that youre trying to ameliorate. Mr. President , id be happy to call on the City Attorney, but i think the answer to my question is that the other Public Agency is probably not here this evening, and i understand that theres a settlement that has been presented to us by the City Attorney which was the best settlement that we could get and that would produce the citys liability and as miss stuart kahn has described and has been implemented before our eyes. It would be helpful if we actually heard from the university of californ university of California Hastings College of the law that filed that lawsuit. And i, for one, im but one of 11 members of this body, would not like to settle this until i hear from Hastings College of the law. And if theyre available this evening, id like to hear from them. If theyre not, i would respectfully suggest that we continue this one week until the president or chancellor or whatever they call the person that runs Augustus Hastings institution can talk to this body. We have a very complicated and physically proximate relationship between city hall and the Hastings College. Augustus hastings was one of the most wanton, genocidal indian killers. The fact that were not taking his name off that institution is remarkable to me. As statues of Ulysses Grant are being toppled in Golden Gate Park, the fact that were not having conversations about one of the most wanton human beings in the state of california, Augustus Hastings, is mind boggling to me. I would like to have a conversation not that conversation, but a conversation about why a lawsuit was brought in public with that institution, with you colleagues and members of the public. And if they are not available to talk about this right now, i would like to make a motion to continue this one week to august 18 of 2020. President yee okay. I dont think that i see they would be available right now. I could be mistaken, but anybody want to second the motion . Supervisor safai second. Supervisor fewer second. Supervisor haney can i ask a point of clarification here . So the goal is to continue this for one week, and we would have a conversation as a full board in closed session or in open session . I just want to make sure to have clarity. I dont know if somebody from the City Attorneys office is here or just around the timeline of the the lawsuit. And i do believe, if i recall, from g. A. O. , that we do have time if we need another week because we nearly continued it because supervisor peskin wasnt able to be there in the initial conversation. So just just for supervisor peskin, is your intention to have an open session or a closed session and then, from the City Attorneys office, is this possible . Supervisor peskin so through the president to supervisor haney, i would defer to counsel. What i have come to learn is that, as weve all heard, we have ameliorated the situation. Thank you, miss stuart kahn, thank you, mr. Jeff kositsky, and thank you to the resolution that we unanimously passed for hotel rooms. Ill defer to counsel that were under any stricture from the cour court. Relative to open session or closed session, i would love to waive the privilege, two entities that are by the people, for the people. I would make a notice to duly waive the privilege and have the parties tell my colleagues and constituents of the settlement. I would be happy to waive the privilege. Having said that, ill defer to counsel. President yee okay. Miss pearson . Just to address the question of timing first, there is time if the board wishes to continue this item for another week. That would not impair the settlement. And if the board wishes to make use of closed session, we can do that. If the board would like to meet in open session with representatives from hastings, the conversation can take place in that way, as well. Supervisor peskin president yee, i would like to make a motion to continue this item to the meeting of august 18 in closed session, and then into an open session, and id like to invite the litigator Hastings College of the law, Augustus Hastings, to address this body in open session. President yee so supervisor ronen, before we take a second. Supervisor ronen yeah, through the chair to supervisor peskin, when you started your question, which i was right there with you, and now im a little lost on what youre getting at here, but you youre worried that use and allocation of resources in the city will if we settle this lawsuit will be determined by those who have the means to file a lawsuit and force our hand rather than a Strategic Plan that looks at all of the different components and and makes some sort of sentence. Is that was i following you correctly there . Im just trying to understand. I still have that question. Im still worried about that. I still no longer i have nothing left to tell my constituents when theyre at their wits end because ive tried everything that a supervisor can try to fix everything in her district. So i just i still i still want the answer to that question, which i didnt hear, really. And im just confused as what youre confused at what youre getting at. So are we going to bring hastings here to ask them to withdraw the lawsuit . Im just what are we trying to accomplish with that . Supervisor peskin so through president yee to supervisor ronen, number one, i do not in any way want to predispose this conversation. I think this is a conversation that are should happen publicly between two governmental entities, both of which even in covid19 are relatively rich entities. What i think, without prejudicing the vote, the Hastings College of the law can actually bring resources to the settlement. I think if we had a public conversation, rather than a lawsuit and a settlement, we could actually have university of california and the state of california put their money where their mouth is. Id like to have that conversation with that institution in public. There could be other outcomes, whether its them dismissing the lawsuit. I understand that lawyers fees and all that stuff im not a lawyer is in play. I understand that your districts are impacted. Thats why weve all gotten behind Mental Health s. F. , but i dont want to have this be one of these City Attorney recommends a settlement, we all say aye and move on. This is a very different kind of settlement, and i would like the Hastings College of the law to explain tho, that to uat to negotiation with us, to talk to us in public. President yee supervisor ronen, you have any other questions on that . Supervisor ronen yeah. My worry there, then, is, i mean, i dont know if youve read the pleadings, but, you know, this item has already been heard in committee, and there wouldnt be an opportunity for unhoused individuals and their advocates to weighin, as well, is my understanding. Is that correct . President yee deputy City Attorney . Im sorry. Im not sure i understood the question, supervisor ronen. Supervisor ronen so were continuing this item. Its been heard in committee, and i have some issues with the way that Hastings College of the law refers to unhoused individuals in their pleadings, their stance in this case. I i understand the impetus and agree with the impetus that the tenderloin was was unwieldy and a Public Health disaster, but im worried about i just i dont want to give them a platform to spout, you know, hatred towards the unhoused population without the unhoused population being able to represent itself, as well. Supervisor peskin so through the president , i would be happy to open Public Comment on august the 18, and everybody can comment. Supervisor ronen and we can do that . Supervisor peskin yes. Supervisor ronen okay. President yee yes, if we agree to do that. Supervisor ronen yeah. What i know of this lawsuit, and you gave your speech about mr. Hastings and his, you know, past, and ive been fighting tooth and nail to get results for both housed and unhoused people in my district. But the language in that lawsuit and the way they litigated that case was nothing short of disgusting. And they dont get a case in front of this board of supervisors unless the unhoused get to speak for themselves, as well, with their advocates. Supervisor peskin so i would be happy, mr. President , to reopen Public Comment on this item on the meeting of august 18. Supervisor ronen okay. And im happy to continue for a week. President yee so let me ask the question procedurally. Madam clerk, whos is it anybody just reopens Public Comment or how does it work . It doesnt seem right that just one person says i want to open Public Comment. Clerk no, no, no. It would be during the motion, as was supervisor peskin was starting to make. If you wanted to continue this item to august 18, you would continue this item to a closed session, number one. Then you would open Public Comment as a committee of the whole. If you wanted to do it in two separate votes, thats fine, too, but then, it would be up to you all to weigh the confidentiality, and you would be doing it inherently so in continuing this item to the 18 into open session in a committee of the whole. President yee supervisor peskin, clarification. Why would we need closed session for the purpose of asking hastings to come . Supervisor peskin so i would defer to counsel. There are a number of options as to how we can deal with this. We can certainly meet in closed session. We can certainly waive the privilege, and i will hereby introduce a motion under my privilege as a member of this body, and that motion will be a motion that will be set forth on the august 18 agenda, miss pearson, wherein the board of supervisors will, by a majority vote, be able to waive the privilege after a closed session. So im hereby introducing a motion herein where the board of supervisors will have a motion before the body on august 18 where we can choose to waive the privilege. I do believe that as a matter of responsibility we should meet in closed session prior thereto, and we should all get the advice that i did not get where i had to leave after four hours of the meeting thursday before last at the government audit and oversight meeting. So i think we should go into closed session on august 18, we should have a motion to waive the privilege, and then, i think we should proceed. And i do think the Hastings College of the law, and Augustus Hastings should be there to present, we will not take the antagonistic party in closed session, but they should be there to answer questions. Mr. President , id like to hear from miss pearson relative to a nonlawyers battle. Miss pearson . Your battle made perfect sense to me, supervisor peskin. My item is youre proposing this item be continued, and the board will meet in closed session this week. Ive heard a number of questions tonight that i think are appropriately discussed in that forum and our office will be prepared to appropriately discuss them last week. Supervisor ronen question . President yee supervisor ronen. Supervisor ronen and theres nothing that obligates hastings to appear. Thats correct. Supervisor peskin unless we subpoena them, which we can do. President yee supervisor preston . Supervisor preston thank you, president yee. I certainly appreciate some of the points that supervisor ronen and supervisor peskin have both just made. But, you know, i think this zerosum issue, as we talked about, its really significant. I think the you know, i think the reality for miss stuart kahn, for mr. Kositsky, all the folks that we are calling every day for the things happening on the streets, the thing is they are significantly and severely constained by the supply of rooms that they have. So the reason, and to all of my constituents that are complaining, and for all of you, its the same thing, the reason that hsoc is not a hot team and its not out there and offering folks hotels in the way we all want is because they dont have the rooms. And miss stuart kahn can correct me if im wrong, but theyre getting their number of rooms. Theyve got a decision that i dont think is being made at h. S. H. I think theyre being given here are the number of rooms that youve got. So thats our limitation. We as a board tried to increase that number to mandate that unanimously. Thats not been solved. The lawsuit, with all of its problems, as supervisor ronen just pointed ou in las, the lawsuit, there could be a significant ability to use a settlement process to force [inaudible] supervisor preston and i believe that the frustration that i feel, and i believe some of my other colleagues may, as well, is a negotiation occurs with presumably the city. Maybe this is a question for the City Attorney. Who is there for the board of supervisors . Or maybe this just comes to us for approval. The City Attorney represents the principals and Decision Makers at the city are likely from the same administration that has made the decision to not acquire more s. I. P. Rooms. And now to supervisor peskins point, were expected to just approve that, and thats a problem because we have a different perspective as a board of supervisors that we have already articulated that is not reflected in this agreement. Now i dont know if that agreement is the place where we get that, but i will say with all these lawsuits pending, and with litigants who frankly do share some of the views of the board of supervisors, which is they want more rooms, and they want the administration to get more hotel rooms, and maybe there is an opportunity. Maybe i would like to hear from deputy City Attorney pearson, who are the principles of the city who decide what goes into this . Im sorry. Im not sure im able to answer that question, supervisor preston. Next week, when we appear in closed session, i will have my colleagues who have been litigating this case with me, but im not able to answer that question. I dont know the answer right now. Supervisor ronen i know the answer. It was the mayors chief of staff. Supervisor preston so i look forward to hearing about some of that. If its in closed session, thats fine. I think whats clear is it is not procedurally the board of supervisors, so the process is the university of california hastings filed a lawsuit against the city and county of california, and they filed it through i dont know, whether its the mayor, chief of staff, other department heads, and thats the problem here. And its going to be the problem not just on the hastings lawsuit but on every one of these lawsuits. Because every one is going to come before the board of supervisors, a board that has said we want you to have 8,000 units, to which the mayors response is thats not possible, and i will, you know, add some units, but were not going to get there, and here are the 2,000 or citywide. Thats the dynamic, and thats the standoff, and its been the standoff for months. And all of the frustrated housed neighbors are experiencing that. Miss stuart kahn is experiencing that, not to speak for her and her staff, and