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>> >> roll call. we have a full commission. >> the first category in the calendar>> are items proposed for continuance. .0847d, 28 -- toledo way, continuance to nov 8, 2012. it is my distinct pleasure to announce that item 13, case 2011.--- for clay street, letters with drawings the drs, this matter is no longer before you for your consideration. without commissioners i am not

aware of any other item closed for continuance are being withdrawn. >> opening it up for public comment, items proposed for continuance. one speaker, mark -- devon-- he will tell them exactly how to pronounce it. >> devonchenzi (sounds like) thank you for taking the time to hear me today, i want to follow up for this continuance. as you may recall september 17, following our dr request i sent an e-mail to the project sponsor and copied all of you. in my e-mail i explained we were in general agreement with the items that mr. cabrero had itemized. his interpretation of what you the commissioners requested from the project sponsors, we agreed that no -- sun deck

should be built. most importantly in the e-mail, i was concerned expressed my concerned that having a meeting with the project sponsor on the 22nd, would not give them enough time to turnaround a new plan by the 20 fourth party requirements. i have no response. when we met with the project sponsor on the 22, they had not made any changes, most of you said you wanted to see, and they had no plans to submit a change on the 24th. they both claim that the planning department had approved their plan and that was good enough for them. i am asking you to strongly

recommend to the planning department that they articulate exactly what you have asked of the plan sponsor, what they need to resubmit, and when so that when we meet again on november 8, the plan sponsor is better prepared, thank you. >> thank you. any other public comment on the items proposed for continuance? commissioners? >> move to continue item 1 to the date specified on the calendar. >> second. >> commissioners, you have a motion for continuance to november 8, 20-30 toledo way, on that motion. (voting) >> the items continued to nov. 8 as proposed on the calendar. commissioners,

you're now on commissioners questions in matters. >> first i congratulate the oakland athletics and san francisco giants for winning their respective divisions and may be too early to start talking about bay bridge or bart series, it would be a thrill. i am thrilled that the oakland a's, in record-breaking style come from 13 games back to win the division; i hope it will keep their team in open forever. the oakland a's have won four world series san francisco giants to date have only won one. they may need to have any facility perhaps baseball only,

most teams have that in the country. perhaps that is something that can be worked out between the oakland a's and the city of oakland. a personal note, despite the fact that i have rather bright pink clothing, i am happy to announce that my son and daughter-in-law are expecting a boy in march; my granddaughter will have a little brother. finally more importantly, i did meet with project sponsor a couple of weeks ago in regards to 2830 toledo, i did have a chance to look at the plans and i'm happy to work with the dr requester and project sponsor to forge a compromise that will make it something that the commission can evaluate and find compromise. this will come back in november. i think there's a lot of

potential there. >> congratulations. another line of antoninis in san francisco. commissioner woo. >> i want to announce that this saturday is affordable housing day in san francisco. there will be a number of tours. affordable, seniors, partnership between aia and the number of affordable housing developers.anyone that wants to stop by feel free. >> we can move onto directors reports. directors announcements and review of the board of supervisors, board of appeals in historic preservation commission. >> good afternoon. a couple of quick announcements.

it was sent electronically, mm on the current status of the japan town planning effort. we are happy to answer questions and scheduling upcoming hearing in the next few weeks and similarly just as a heads-up, you will hear a couple of informational hearings on western soma, and -- and the department has taken the planning effort after paul lauretz's retirement. i want to remind everyone that columbus day holiday is monday so the offices will be closed. i will be out of town monday and tuesday as well but back on wednesday. >> good afternoon commissioners. anna marie

rogers, planning department staff, to review the support supervisors land-use activities. it will provide a -- for active users in the castro nc and -- ncd was heard, the commission uprecommended approval last week; the land use committee heard an ordinance that would amend the list or the code; legislation sponsored by supervisor and board president chu, would restrict the existing law, known as hotelization; the sponsor distracted legislation, corporate entities can no longer skirt city laws by signing long-term leases for residential apartments. occupancy plan for less than 30

days; creates an enforcement process. gives residents the ability to seek legal recourse through the assistance of nonprofits. the item is forwarded with recommendation for approval. the housing production report ordinance also heard on committee this week before you on june 28; at the time he recommended approval with some modifications. supervisor -- adopted most of the modifications recommended by the commission and after the hearing she worked closely with the staff and the director on additional changes. supervisor wiener had a concern that it might depict a skewed view of housing production trends. it would clump all projects above -- in the other forms of housing such as collaborative housing

and small units and senior housing would not be monitored. lastly, he stated that, supervisor -- stated that the goal is not metering of market-rate housing such as some people are alleging. it is ensuring that lower-income units are provided in the city is able to keep a close eye on how closely we are achieving arenas housing goals. for low-income housing. this item was amended to reflect the final changes requested by the commission, moved 2-1 vote for approval to the full board for the next week. last week as an ordinance with the administrative code, ensuring the right to return revitalize housing, heard this last thursday; at the time the supervisor was still working with the mayor's

office of housing on changes at that time, the commission recommended approval of the return policy but did not take a position on the details still in flux. supervisor cohen and marr requested to be cosponsors and recommended approval to the full board. and number planning laws. reinstating liquor controls, commission recommended approval with minor modifications on september 9; amended for your recommendation and passed on final reading on tuesday. the successor agency ordinance for the former redevelopment agency, we reported last week this ordinance is a result of

recent amendments to state law; the director provided with an update before the first reading of the board. this week the board took final action on it, the mayor signed it into law. you will get an in-depth presentation from tiffany -- executive director of the successor agency, and she is here today and jason elliott, the director of legislation for the mayor's office in a few moments after this report is over. also before the full board on tuesday was an update to the tidf, transportation impact demand fee. included all of the recommendations; the board continued discussion of the item until october 16. update of the general plan was heard; the board approved on first

reading. lastly the last ordinance was ordinance sponsored by the mayor and supervisor -- buildings with five or more units to those of 10 or more; this ordinance is a companion legislation to the housing trust fund which would only become effective if the voters approved this housing trust fund charter amendment is in november election. this ordinance has been amended since you heard it; the city will be able to monitor housing production effect of the changing can reinstate the fee for 5-9 units if they chose to them future; with these amendments the

ordinance was approved on first reading. there was an appeal of the conditional use authorization for 175 -- sierra blvd., a cu for childcare facility for 15 or more children. at first hearing the president indicated he received a letter from the opponents withdrawing their appeal. no speakers. closed with cu approval intact. as i mentioned last week was the early start date; i saw in a preliminary land-use items; that report will be finalized later this afternoon. i will let you know next week if there's anything that would pertain to us. that concludes my report. >> ms. rogers, thank your for your report. i would going to get some sort of informational report are obviously have a hearing

regarding the issue that you mentioned, regarding corporate rentals, of rental housing? >> in this case we are not planning to do so. amendment to the administrative code. of course you can hear it if you would like, an informational item. the department will not be responsible for enforcing this new ordinance. the enforcement capacity would go to dbi. we enforce it parallel requirement in the planning code. this would strengthen the cities capacity to enforce i giving a specific portion to dbi. >> i would like to do that if it is possible. there are issues here -- there's a time period of 30 days, differentiates between one of the other. there are other concerns that are important that we hear what is being proposed as possible. i would love to have it is the other commissioners feel so inclined because we deal with

this issue all the time in one form or another in regards to housing. the other thing i wanted to ask you about, you mentioned the board action regarding the companion legislation to the measure that is on the ballot in november, measure c, from what i'm hearing, they reserve the right to change the law back again in the future. t it would seem to me that i don't understand how voters could vote with the understanding that this is been passed. the reserve the right to change it back. people need to know that this provision exists. one the be inclined to take a position based on what has been passed. >> there are interaction between the ordinance in the charter amendment. the charter amendment itself does not affect the 5-9 unit

specifically. but the charter amendment would do, it would say the come january 1 of the new year, controls in place at the time are in some respects frozen, and cannot be made more cumbersome for developers. in this case, on the first of the year, the inclusionary requirement for 5-9 buildings will still be intact; the ordinance that the board voted on this week would remove the inclusionary requirements of those 5-9 buildings after the first, 2013. and so because that date has been moved out, they would have the ability to make just that section for the 5-9 buildings, they can put it back into place. >> thanks for the explanation. it's a little bit confusing what they are doing. >> back to the corporate leasing, that only applies to

corporations that lease their property? not the ones they already own, right? >> yes. this would specifically target -- there have been some allegations that large corporations are renting blocks of residential buildings and then maybe renting it for longer time but the people living in those buildings are only staying as if it were a short-term occupancy of 30 days or less. this would make it clear that if the corporations renting it, if the actual occupancy is less than 30 days, that is not permitted by our code. of the hearing supervisor chu said he wants to look into other related aspects which will be before you for hearing if he does introduce that law. you like to do at the r&b where individuals are landlords may be leaving directly to tourists,

what we consider residential housing. >> it is not applied to corporate owned units? >> it may apply. >> can you clarify that. for example my condominium association, there are corporate owned units; those units are used on a temporary basis. >> that may fall under this law; i will look into that and get back to you. >> thank you. >> thank you commissioners. >> good afternoon, tim fry, planning department here to share two items from yesterday's historic preservation commission hearing. the commission her public testimony and discuss with staff, the mayor's office of economic and workforce development's decision not to fund the request by the mission dolores

neighborhood association, not to develop a mission dolores national registration. the mayor raised two issues. funding the level of outreach; two, concerns raised by the planning department when the neighborhood association survey the neighborhood a couple of years ago. the department specifically had questions about integrity and the boundary justification. like i said, after public testimony and discussing with staff, the hpc wrote a letter to the funding committee; there is a project that could be funded that could one, expand the level of community outreach which we are happy to provide assistance, the second is to expand the methodology raise the concerns by the planning department

staff and we will work with historic preservation commission to outline those items that should be included in that methodology for when the nomination is completed; we are reviewing it as part of the local government responsibilities. the second item at the hpc is a confirmation of the nomination of the -- building located in the sunset district. in my last report the building was occupied by henry dolger in the soffit area for over 40 years, significant not only by the association with mr. dolger but also by -- the deco design. hpc unanimously approved a nomination, schedule for a final vote by the board of supervisors sometimes before the end of this year. that concludes my report. i'm happy to answer questions. >> mr. fry, could you clarify

something for me? i've been the recipient of a number of phone calls, not dolger but the previous one. didn't the hpc take action about the boundaries of what the historic district should be? >> at yesterday's hearing ? >> previously. >> the phc revisit took action on the boundaries of the survey but we have not seen any national registration justification; the hpc the planning department hasn't commented on those boundaries at the time. >> then how is it that the planning staff can take a position with respect? do we staff the historic preservation fund committee? >> planning department? >> that the fund committe seek

planning department's input? >> they share requests with the planning department before they hear them at the meeting. >> the fund committee, with respect to the national registration nomination application? >> we did review the application and gave the fund committee advising the ballpark number of hours required to process the application and bring it through the review and comment process. we also did raise similar issues that we had when the survey was reviewed by the historic preservation and the department couple of years ago. >> thank you. >> thank you commissioners. would can move forward now to item five on the calendar,

information hearing on the successor agency to the former redevelopment agency. >> thank you secretary avery. amy rogers, putting the pardon staff and we are honored to have a couple of subject area experts to help us with this item, tiffany -- executive director of the sector agency. the presentation will start with jason elliott, the manager of the mayor's legislation office. >> good afternoon commissioners and director. jason elliott for the mayor's office. we are happy to present this item; also to happy to report but the mayor did sign this ordinance this morning. i will leave most of the presentation to director -- who is behind me.

thank you for your attention to this matter. state law, when redevelopment was abolished or dissolved with ab 26, the city had to scramble to provide a structural response, how to implement the projects that existed? the city pulled together in an extraordinary way including the board of supervisors, the mayor's office and apartment, we put together a group and were pleased with that. the state came along with a piece of legislation called ab 1484, which was intended to be a cleanup and clarify piece of legislation. speaking frankly it did the opposite for us. it was not clarifying. it created another situation for us when we had to go back and reestablish all the structures of governance.

the board of supervisors needed to recertify, only delegate a lot of the authority that the delegated back in january to the oversight board to this new board. it seems redundant. in a way it is redundant. what we did ask for and fought hard for and received was permission from the california department of finance which is like the governors budget office, to bring a number of implementation functions back inside the city. ab 1484 in july said everything had to be completely separate, legally and functionally from the city. we have so much more going on than any other place in the state, 20 billion dollars, of and limitation activity.

who wanted to have accountability over that here in the city, and making sure that the housing and public amenities were built according to the original plan. who wanted accountability and oversight. we asked for and received permission for the state to move forward with the ordinance that the board considered, and we are presenting to you today to bring all of that back and the city, in a structural way that i will let tiffany explain more. i want to thank you for engaging with this; is a complicated subject as you now. we do not want to redo this and redo this -- it was a situation we would provided by the state. again the city pulled together in an incredible way to make sure that we work going to protect the legacy of the redevelopment agency and make sure everything got built the web was supposed to. i think the board of supervisors, the mayor's office,

director ram, we are in a good spot again knock on wood. i have to run in about 10 minutes. thank you for giving us the time. >> good afternoon president, commissioners and director. thank you for the introduction mr. elliott. tiffany -- director of the redevelopment agency. redevelopment was abolished, february 1.