that the e.i.r. and the plan do not account for 10-foot -- higher than 10 feet of a tsunami and they said point blank, very honestly, that's for emergency planning, not for design planning and this project, which is, as i said in the e.i.r. comments, was crazy. tonight, we hear from other members of your staff. they're saying, no, the e.i.r. covers all possible tsunami dangers so those are two conflicting statements but here's the worst one. after that land use hearing a couple of days later, mr. tineoff and an engineer from b.k.f. engineers, todd adair, here's the conversation -- one of the commissioners, torres, is this area vulnerable to potential tsunami? todd adair, no, it is protected by the golden golden gate.

we can get into a lot of details about tsunamis. commissioner torres, so you're taking care of that? yes. so somebody's lying and staff needs to -- mr. tanoff needs to explain to you why he didn't interfere with that comment. president cheng: anything you would like to submit in email is welcome. >> sherry williams, treasure island homeless development initiative, i've indicated support for the project but neglected to hand in all the letters from the member organizations supporting the project in full. so if i could, i would like to submit them to you now. thank you. president cheng: thank you. >> very hard to address eight items in two minutes to permit a city the size of santa cruz that

started out as a village and is now almost 20,000-person city relative to overriding considerations, commissioners, from both commissions, i direct you to your s document volume 1. you will need to find that significant impacts, the 10,000 to the 30x to the 47, to aesthetic impacts, to air quality impacts, noise impacts, are overridden by the benefits of this project as they've been reduced. relative to governance, i would submit to you that this is unprecedented in san francisco history. you are creating a virtually separate government with its own entitlement ability that is virtually unaccountable to the planning commission. you are turning the general plan on its head and finally as my time is running down, as to the development agreement, it usurps the power of the executive and

legislative branches of government. i hope you are all aware that even if the board of supervisors and mayor pass new fees or new laws, they will not affect treasure island for 20 years. this is without precedent in the city and county of san francisco's history. cheng is there -- president cheng: any additional public comment at this time? >> good evening. president cheng: if you can wait one moment for ms. avery to set the clock. >> thank you. good evening, chairs, commissioners, directors, for the record, karen noel pierce, chairman of the treasure island/yerba buena island citizen's advisory board. tuesday night the cab met and took action on a recommendation to the tihdi board on approval of the transactions and tihdi

documents including the naval agreement, trust change, tihdi, transition housing rules and regulations and the habitat management community facility sustainability and transportation plans. the vote at the end of the evening was 20 in favor of the recommendation and one against. of the three members who were not present at our meeting, two members wrote strong and heartfelt support letters of the plan. and in addition to that, the four residents of the islands who sit on our board also voted in favor of this recommendation. so we had a very exciting evening and we're all looking forward to continuing and to the next steps. thank you all so much. president cheng: thank you.

nancy shanahan. i would like to remind you that the froms -- there's no guarantee that the promised benefits will be delivered. according to press reports, the project sponsor, lennar corporation, has filed for bankruptcy in a similar base project citing economic pressures. media reports indicate they're financially stressed. the proposed project does not require financial guarantees that will ensure that the developer will actually be in a position to deliver the promised public benefits you're considering overriding tonight. there are other recent examples in san francisco such as the

pier 30-32 cruise ship terminal where in spite of title. approvals by the city and enact. of special legislation, the public benefits were never realized. i'd also like to quickly point out that the mitigation measures cited in the e.i.r. are inadequate to reduce the most significant feeckets traffic. not only are the mitigation measures not adequate to mitigate the most significant impacts listed as 40 to 42 in your yellow pages, the e.i.r. says that the mitigation measures as to increased bus and ferry service will depend on identifying funding, approvals by other agencies and additional environmental review. this is not acceptable under

ceqa. this is hypocritical and misleading. [bell] >> it's a great project and we hope you pass it and make it happen. thank you so much. president cheng: thank you. >> i would just like to reiterate the comments made by my colleagues and others and want to emphasize our concern about the exemption of the project from future regulation.

we feel this is inappropriate strategy for securing the project and we leave it at that. thank you very much. president cheng: any additional public comment on this item? seeing none, public comment is closed. commissioner moore? commissioner moore: ceqa asks us, have the benefits outweigh the unavoidable impacts of the project. i leave that hanging and i'm going to quote from livable cities, letter on the governance structure which is very important part to consider if we're going to the next number of approvals. "we have long objected to the fragmentation of planning in san francisco away from the planning department commission and towards various unaccountable bodies. the impending demise could bring the city under single planning code and administration with

unified and coordinated planning vision. now that the treasure island supermarket proposed to be governed by the planning code, it is point thomas maintain a separate tihdi bureaucracy. the existing waterfront design advisory committee providing design review of projects on trust land. i like to pose a challenge to the planning department. the planning commission has been in the trenches with this department on what i consider outstanding standards for what area plans are -- i like to mention eastern neighborhoods, -

not very much under your own guidance and i say that with a reasonable degree of confidence. you're missing a chance to really bring this project back to where it belongs. if we're looking and planning a new neighborhood for san francisco, this is your opportunity, and i will later on speak to why the d for d as it stands right now are not really workable for you. thank you. president cheng: commissioner antonini? commissioner antonini: thank you. i'm in favor of the proposals before us and as we know, development agreements in particular move with the project are not with a particular sponsor, particular developer, and if these change, the obligation is still there both for all the public benefits and all the things that we're

requiring and this is actually often advantageous because law changes may occur and they may occur that are disadvantageous to the general public but the development agreement takes priority, so -- and i think this is a very good development agreement and we've read through it, we've heard what it has in it, and so i don't have any concerns about the fact that there could be another builder, another horizontal developmenter that may occur during the process of treasure island being built, not that that is necessarily going to happen and we've seen this in other projects certainly with mission bay and as we move forward with park merced, the same principles would apply. president cheng:commissioner sugaya? commissioner sugaya: several things i have concerns about, first, on ceqa findings, i don't believe, given my position on

the previous item that i can find that we can make the findings that are required by this particular motion. i'm particularly concerned with the number of significant unavoidable impacts as well as significant unavoidable cumulative impacts and can't see how the commission can override thoses particular unavoidable impacts as presented in this document. so that's number one. number two, on the treasure island yerba buena area plan, it's really interesting to me that staff was able to put together an area plan within the space of about three weeks, i think. we had a redevelopment plan previously which i have here which i was reading until the

change came along and then all of a sudden we have an area plan for us to consider. i think it's rather unprecedented that the commission and staff has never given us a real presentation and the commission has not had informational workshops specifically on the area plan itself combined with the s.u.d., which are major items for the commission to be considering, especially since the s.u.d. is set up in such a way that it takes power away from the commission which i think is not a correct way to go. also, it would have been helpful, and i think it's because of the time element, it would have been extremely helpful for us to have some kind of matrix or some kind of comparison before us that showed

what was in the old redevelopment plan and its various related documents that related to land use and what-not and the new area plan proposed before us and that way we could have seen more clearly what the implications were for adoption at this point. on -- where are we? consistency 101 findings, there's a proposal and i don't know if this has been done, i don't think it has, for treasure island transportation management agency, staff, is that -- has the board of supervisors created that agency at this point? >> no, it has not. commissioner sugaya: it has not. i don't have mr. radullahovich's communications to us but it

seems strange to me that we're creating yet another transportation authority. one of the problems i think in the bay area region-wide is that there are too many transportation authorities already and it's very difficult, extremely difficult, to coordinate activities between the various agencies and it just seems to be bifurcated and to add another one specifically for theiled -- the island doesn't seem, for me, a good idea. in terms of housing under policy 1.9, is says approximately 5% of the market rate of the units would be sold or leased as inclusionary. it then goes on to say that 1249 housing units would be in

stand-alone, affordable buildings. i'm not a housing expert and don't know the sociology behind the way people live in housing and how they feel about things but the commission has always thought that inclusionary in buildings under the 15% is more desirable than having the developer pay in lieu fees and what-not and having it go to the mayor's office of housing which then goes to non-profit housing developers who build single buildings. and i understand that for certain populations it might be more desirable because there are then available services that they can take advantage of and what-not but perhaps for another type of affordable level, it would be more desirable to have them included in the market race units and 316 versus 1249 seems to be a huge discrepancy unless

it has to do with some kind of funding mechanisms. also on page 23 of the general plan consistency findings, it says, while the proposed project will increase traffic in san francisco and on the bay bridge, and while service of some transit lines would be affected, on balance, the proposed project will not impede muni transit service or overburden streets or neighborhood parking but if i remember right, aren't some of the unavoidable significant impacts among the streets and muni service that this is trying

to say on balance is o.k. so, i can't support that, either. all right, in terms of planning code amendments and i think one of the speakers mentioned it, under the redevelopment plan, i understand the role of the redevelopment agency having control over the redevelopment area. we've seen it all over. so we're quite familiar with that. with the changes that the city -- staff and the developer, city is proposing now to use infrastructure financing and to change the way the mechanism works and tihdi doesn't become a redevelopment agency, the proposal for the tida board to

retain all land use decision making i think is not a good policy for the city and the comparison chart that was given to us by staff had the former way, the redevelopment scenario approvals worked and the way the s.u.d. approval structure works and it's a concern to me that the street scape master plan, for example, that's listed here, the parks and open space master plan, are all approved by tida board and not the commission. i would think that street-wise we would want to maintain some power over that. it doesn't mention here and i couldn't find it elsewhere that for example the conceptual parks and open space master plan would be referred to the rec. park department. i think it mentioned the art commission, but in any case, you know, that could have been in

some corrections or somewhere but i do not support the idea that the tida board -- nothing against the tida board, but conceptionualy that the tida board then has land use controls apart from the planning commission. and there are various smaller things in here that have to do with the number of days, but those are minor objections of mine. and then the d for d, i have some minor comments here. it seems to me the marina is

adjacent to the large promenade area that has no parking. i'm not a sailor but i have gone sailing with people and they bring a lot of stuff with them and if you're serious about staying out on the bay, bring coolers and other things and it would seem that it would seem that people would want to drive right to the slip to unload all of the stuff. it does not seem like that kind of provision has been made. this is chapter 04 0.1 0.4.

this is mentioned in the eir work. previews of the historical buildings would be done by the title board. the city has something called proposition j, which affected the charter. it would be interesting to me, not tonight, but i believe this is in the past. at some point, we could examine the relationship with proposition j and what it gives the historic preservation commission jurisdiction over. i think dsud is trying to say that all of the regulations of the city are not applicable. proposition j was a charter

amendment. i would like to understand how that works. there is an interesting scenario that might happen. i believe that if this goes forward, the planning commission still has jurisdiction over some aspects of home development. if that development work to affect a historical resource, you might want to contemplate that and figure out how that scenario might be resolved. all right. i am almost through. on the development agreement, i had a question. -- that had to do with a section

that had to deal with internal rates for the developer. i thought for a moment about the way it was being presented. if it were possible for the developer to reach those thresholds, then they could reach that level. the way it was worded, if they reached the 25% sun devils, there would be some actions taken and they would have to pay into a fund. i forget exactly what it was. at the 18% level, they would need to bring it back to 18%. if the developer reached 22.5%,

they would have to bring back to 22%. that seems farcical at this point. they would be more or less guaranteed 25% at this point. i did talk to somebody who knows more about this stuff. perhaps some members of the board have been instructed on this more. he satisfied me that this particular concern of mine has gone away. we will not get into it in detail tonight. if anybody wants to ask the developer, he is a member of the public, what his understanding is. with respect to developers, i think that they should do so. the other questions had to do

with the powers of the city overall and what the city's restrictions are. i know there is some language that says that since there have been general plan changes, even though the general plan applies, it seems to indicate that there are some restrictions on what the interpretation of the general plan has to be on planning and land use decisions. i think that is right. that seems to be extremely -- i do not know the right word. if the housing element were changed in the future, there were policies that conflicted

with the plan. those would not apply. that does nothing to apply. on ballot measures the way it would read, it would be passed by the voters. the island become some sort of anti in itself. this can be done by this commission on the board of supervisors. >> commissioner miguel. >> i would like to thank them

for the amount of work that they put in. as well as the rest of the staff. who has control over what? >> thank you, commissioner. commissioners sugaya raised some important issues. when this was a redevelopment project, the land use of gordy was lifted from the planning commission and the planning department. in this case, we are not adopting the redevelopment plan. the land use and jurisdiction remains with the planning department. what is getting complicated is

that this is also the trustee for the public trust. they have authority over trust lands. that is in essence were all of the development or most of the development is happening. these are all being built on non trust lands. these are the various plans that have been laid out here. >> could you explain how a d4d in this or any other instance in which is used is affected by future changes in legislation?