we cannot force the developer to do that because he has three options that he can choose from. however, if this is a city-owned parcel, could you have conditions of sale on having inclusionary units within the development? >> i can answer that question. yes. you could do that. commissioner sugaya: given that answer, does the mayor's office have any comment at this point? i do not think we can condition that, obviously. >> the purchase and sale agreements is a voluntary agreement with team -- two parties. it is a negotiation. commissioner sugaya: i understand, thank you. i do not want to put you on the spot. but maybe there could be some further discussion. i do not know if the commission wants to encourage anything like that, but it is just an observation. this is a little different situation where developers come to us with a property that has been privately transacted. they can choose one of the three. it seems to me if the city is selling the parcel and it is a -- it is in the public interest to do so, you have strong support from the neighborhood organizations. it seems to me that we would want to encourage some kind of discussions to take place. commissioner moore: i would like to ask the city attorney as to whether or not in our motion there needs to be a request for an in kind agreement regarding hickory street. i do not want to step out of line here, but i would like to see that we extend our support for that to happen. >> that was one of the modifications in the materials before you that i read at the beginning of the presentation. it was adding condition to the motion for that agreement. >> a resolution to urge the developer to make that agreement. commissioner moore: acceptable to the developer. >> yes, it is acceptably to the developer. -- acceptable to the developer. page 32. commissioner moore: thank you for reminding me. commissioner antonini: i would speak against any change in the on site affordable. we have already discussed that. in this instance, it makes no sense. you have another parcel right next to it that will be 100% affordable. the mayor's office is the latitude to be able to apply these funds were state and federal moneys have dried up. if there is no funding, they never get built. we have a lot of affordable projects that are sitting and not being developed because there is no funding. it only makes sense that this stays as it has been proposed. commissioner sugaya: i am going to make a motion to continue. until the mayor's office of housing, giving them an opportunity to talk to developer about requiring on-site inclusion mary housing. they can bring it back one way or another -- inclusion very housing. they can bring it back one way or another. commissioner borden: i do not think that most people said. given the parcel o is abutting this project site and there is another site close by, this is an important issue, for this parcel, it is less of a concern. not that it is a -- not that it is not a concern over all. you basically have to affordable projects of but in this project site and the fact that we recognize that the 55 laguna is in the neighborhood. the reason we did not support that is not because it is not a great idea. in this project site or in pacific heights, were there are not any projects coming on line, we might have had a different result. commissioner sugaya: the rfp for the other parcel has not been issued, is that correct? >> that is the office that issued the rfp. excuse me, the rfp for o has not been issued. commissioner sugaya: is it conceivable that it could not be 100% affordable? >> there is a very remote chance, but since we acquired the land with redevelopment tax increment funds from the city, the board put a requirement that if you use 100% for affordable housing, that is a requirement that still remains. there is a very remote possibility that the board would change its mind. but at this point, it is dedicated for affordable housing and that is the intent of the mayor's office that it be affordable housing. commissioner sugaya: thank you. >> there is a motion and a second to approve with conditions as amended, correct? >> [inaudible] >> that was read into the record by staff. on that motion? [roll call vote] so moved. that the motion passes unanimously. president fong: we will take a quick recess and resume.