>> good afternoon, welcome to the san francisco board of supervisors land use and economic development committee. i'm scott wiener, the chairman of the committee, to my right is commissioner kim, supervisor chiu is not able to attend this meeting today. i would like to thank sfgtv for broadcasting. >> any announcements? >> yes. please make sure you silence cell phones and electronic devices. items will appear . -- can we make sure

mr. chiu is excused? >> item no. 1. item 1: [building, health, public works codes - soil and/or groundwater testing requirements] 1. 130369 sponsor: mayor ordinance amending the building and health codes to expand the boundaries and types of projects for which soil testing is required and to require testing of groundwater under specified circumstances; amending the public works code to eliminate soil testing provisions; renumbering code sections in the health code; and making environmental findings. 4/23/13; assigned under 30 day rule to the land use and economic development committee. 5/1/13; referred to department. 5/2/13; response received. 5/14/13; substituted and assigned to the land use and economic development committee. 5/17/13; response received. 5/31/13; referred to >> item no. 1. sf 1 [!ez speaker 03]: >> this is presented by the mayor's office. >> good afternoon, i'm please to be here with this ordinance that is held by the planning commission , this is an important measure towards standardizing the hazardous soil and ground water. we have staff from dph and dbi as well. i will give you more details.

thank you so much. >> chairman wiener, paul with the department staff. this item before you is a proposal to amend certain portions of the buildings by the mahar ordinance which was adopted in 1986, a public health and safety ordinance for handling contaminated soils during construction process. i will put a map down. if we can display that. the mahar ordinance along the eastern shore of the city, at the time mahar was adopted it was known to be contaminated. what mahar

requires is that when an applicant getting a permit, is applying a permit that will destroy 50 cubic yards of soil, before the permit can be issued, they are referred to the department to determine whether the soil is contaminated and if necessary how to handle and clean up that site under health department supervision. the existing ordinance only applies in the blue zones. outside of that area, there are other areas in the city that have a high likelihood of soil contamination, those are industrially zoned areas and

storage tank sites and areas of the marina and areas in the proximity to elevated freeways in the city. those are outside the existing city, outside existing mahar where the soil contamination but the mahar ordinance doesn't control ground contamination in those sites. for projects in those areas for the last 25 years through planning department and health department review, we've resulted in a process where by through our environmental review, through our ceqa process mitigation measures attached to projects with conditions of approval which require they go through the same process with mahar since they are referred to the health department to investigate whether they are soiled and helped to clean up the site if

necessary. one of the problems is that the ceqa process is more complicated and when we have an applicant that may not discover this until they have been in our office for a while. it also means we have two different procedures to deal with the same issue. the only difference is where they are located. the department is looking to expand the mahar ordinance to expand the existing problems. the revised ordinance will replace the current process to make one process to deal with all projects in the same fashion. this would be accomplished by expanding the geographic boundaries. that map if you can show it again. the mahar ordinance would be expand today capture the sites in blue. the

updated ordinance will update the procedures to reflect their current practices in terms of evaluating soils to see whether they meet current health globals established by the state and also to recognize where in certain instances where excavation on the site may reach ground water table that the department may require of the ground water itself. this will improve the process and will more likely to ensure and protect the public health. the health department's involvement will be tied into permit issuance this will make it more routine and standardized and it's a better service to the public because this issue would be identified at the beginning of the process. there are no surprises after an applicant has been in our office for a while. this map and the block and lot information about whether you are in mahar or not would all become available through our permit tracking system, our

parcel information maps should applicants be made aware of the first permit politics if the mahar ordinance applies and could begin doing this investigation parallel with the review. this would mitigate the measure for projects that are under ceqa. if this process is required by code, it no longer be imposed by conditions of approval by way of mitigation measure. so as i already indicated by kelly prets 0 because we are amended the building and health codes we had meetings at the health inspection, planning commission, each of those commissions has recommended the board approve this ordinance and that completes my presentation unless you have questions. we have staff here from the department and mayor's office and planning. thank

you. >> thank you very much. supervisor kim? >> thank you. i think this policy makes a lot of sense. since it's been in effect since 1986. i see this is an important policy and what some of the outcomes have been? >> there are dozens or hundreds of projects over the course of the years that have gone through this process that the outcome is rather than either the public through dust contaminated dust in the air or workers getting exposed to contaminated soils, the health department for going through the review, soils are identified and procedures are set up to control dust on the site and measures for workers

safety. so there has been a reduction in the public and exposure for contaminated soils by making sure we know when the sites are contaminated for construction. >> there have been certain instances where we have identified contaminated soil for projects? >> absolutely. in the mahar area, dozens and dozens of projects every year are identified. yes. >> thank you. >> okay. thank you very much. that concludes staff presentation? great. we'll now open up for public comment on item no. 1. is there any public comment? seeing none, public comment is closed. supervisor kim can we get a motion? >> move with recommendation. >> great. we can take that without objection. >> item no. 2. >> item 3: [resolution of intention - expenditure plan,

revenue bond - 1239 turk street rosa parks ii senior housingg - not to exceed $30,000,000] 3. 130624 sponsor: breed resolution declaring the intent of the city and county of san francisco to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the director of the mayor's office of housing to submit an application and related documents to the california debt limit allocation committee cdlacc to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $30,000,000 for 1239 turk street rosa parks ii senior housingg; authorizing and directing the director to direct the controller's office to hold in trust an amount not to exceed $100,000 in accordance with cdlac procedures; authorizing the director to certify to cdlac that the city has on deposit the required amount; authorizing the director to pay an amount equal to such deposit to the state of california if the city fails to issue the qualified mortgage revenue bonds; approving, for purposes of the internal revenue code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the city in an aggregate principal amount not to exceed $30,000,000; authorizing and directing the execution of any documents necessary to implement this resolution; and ratifying and approving any action heretofore taken in connection with the project as defined hereinn and the application as defined hereinn. 6/11/13; received and assigned to the budget and finance committee. 6/18/13; transferred to the land use and economic development committee. the chair intends to entertain a motion to refer this item to the full board as a committee report for consideration on june 25, 2013.>> sf 3. [!ez speaker 03]: >> thank you, this legislation is a sponsor for a larger size for what would be authorized for a neighborhood serving non-profit use in the castro neighborhood commercial district. it would be limited to non-profit that would provide direct services to the neighborhood. this legislation will provide for the aids foundation for a comprehensive hiv health center and will have a magnet which is currently a

health center and project into a single location. it will be a state of the art facility with an active ground floor along with the street. this legislation has been supported unanimously by the small business commission and the planning commission. it also has significant support in the neighborhood including from the castro upper market community benefit and marketing castro and castro eureka valley neighborhood association. as we all know the hiv epidemic continues and is acute in san francisco and in the castro. in light of the continuing cuts to hiv funding, we continue to back those as part of our project this year, this project is a very exciting and welcome opportunity for the neighborhood. should the legislation be approved, the project will be considered by the project commission as conditional use.

>> will you be planning for the department? >> yes, for a moment i would like to say the planning commission did recommend supposed. last thursday, unanimously, is so we hope this will pass. >> thank you very much. if there is no other comment, we'll open up to public comment. courtney pearson? >> good afternoon, thank you my name is courtney appears son from the hiv foundation. we have continued to see a demand for these services growing that we are not able to currently meet the existing demands because of our space limitation and current locations. for example last year a magnet performed more than 15,000 clinical visits and we had to

turn away 2000 because of lack of capacity. we are planning to coordinate these two services on castro creating the facility for health and wellness for gay and bisexual men and the new center will enable us to keep up with demands for services for people who live and work and play in the castro district. we are also excited that this new facility will allow us to expand our health services as well as new programs for aging and black men. as mentioned we've worked with merchant groups generated a lot of support from them and appreciated that support and we request your support for this legislation and thank you so much for sponsoring this. i'm happy to answer questions. thank you. >> thank you. any additional

public comment on item no. 2. seeing none, public comment is closed. supervisor kim? >> i do have a question for planning that i forgot to ask. what is the policy rational for establishing a square footage size limit. i wasn't aware that we had that type of restriction. i'm curious what was the thinking behind it? >> we have a use size restriction and in certain instances we will allow uses and in this case if the legislation has been crafted to allow the commission to provide the discretion such that they feel if it's a commuting non-profit. this will provide the commission with an avenue to approve such use and we do expect there is a pending politics -- application and they will be considering that

entitlement. >> was there a limit setting? was this just the castro? >> it's a neighborhood commercial district. it's one that is transit on oriented. the ncd's were established in the mid-1980s and we classified use limits based on what we saw in the neighborhood at the time. the castro uses one of the smaller use sizes that predominate there. >> i'm very supportive of this change, i'm wondering if in the citywide might have the same restrictions? >> not necessarily but there are other ncd's that have exceptions to the use size limits for the certain uses. there is office use in the

fillmore area to accommodate a business in that area. >> okay. thank you. >> okay. can we get a motion? >> so moved with recommendation. >> okay. we'll take that item. >> item no. 3. >> item 3: [resolution of intention - expenditure plan, revenue bond - 1239 turk street rosa parks ii senior housingg - not to exceed $30,000,000] 3. 130624 sponsor: breed resolution declaring the intent of the city and county of san francisco to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the director of the mayor's office of housing to submit an application and related documents to the california debt limit allocation committee cdlacc to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $30,000,000 for 1239 turk street rosa parks ii senior housingg; authorizing and directing the director to direct the controller's office to hold in trust an amount not to exceed $100,000 in accordance with cdlac procedures; authorizing the director to certify to cdlac that the city has on deposit the required amount; authorizing the director to pay an amount equal to such deposit to the state of california if the city fails to issue the qualified mortgage revenue bonds; approving, for purposes of the internal revenue code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the city in an aggregate principal amount not to exceed $30,000,000; authorizing and directing the execution of any documents necessary to implement this resolution; and ratifying and approving any action heretofore taken in connection with the project as defined hereinn and the

application as define to the budget and finance committee. 6/18/13; transferred to the land use and economic development committee. the chair intends to entertain a motion to refer this item to the full board as a committee report for consideration on june 25, 2013.>> sf 3. [!ez speaker 03]: >> supervisor breed is here. >> thank you. i will be brief. this resolution will help create 938 affordable senior housing. the project called rosa parks ii in the parking lot by the housing authority. having these two adjacent developments to have access to each other's community facilities. the tenderloin development corporation will develop a new senior housing. it allows to apply $30 million for revenue bonds. the bond does not require the city to repay. the moa will come back to the board to issue the bond. this is 20 units targeted to homeless seniors. construction is scheduled to start in 2014 and completed by october 2015.

i'm here if you have any questions. >> i believe an romero is here. >> joan -- is out. i will fill in for her. he has also filled in the main points. the housing development welcomes your support for this project and we are excited to be working with the church to get this project off the ground. thank you very much. we have sarena cal way here also. >> thank you. if we have no questions or comments, we'll

open for public comment? is there any comment? >> seeing none. public comment is close. >> i'm very supportive of this and the tenderloin development corporation will be leading. they are an amazing corporation. what i have learned in my office is that a huge section of our homeless population is aging. i'm glad to support this moving forward. >> great. we can take that without objection. >> item no. 4. >> item 4: [restated option agreement - sale of surplus real property in mountain view to mv urban village homes, llc - $8,100,000] 4. 130658 sponsor: mayor resolution approving a restated option agreement for the sale of surplus lands under the jurisdiction of the san francisco public utilities commission sfpucc located in mountain view, santa clara county, california near the intersection of whisman and tyrella avenues, to mv urban village homes, llc, a california limited liability company optioneee, a joint venture between kmj urban communities, llc kmjj, and summerhill homes, llc summerhilll in the amount of $8,100,000, and reserving an easement to the sfpuc; authorizing the director of property or the sfpuc's general manager to execute documents, make modifications, and take actions in furtherance of this resolution; and adopting findings that the transactions contemplated by the restated option agreement are consistent with the city's

general plan and with the eight priority policies of city planning code section 101.1.>> sf 4. [!ez >> good afternoon. today we secure your approval for the villages homes llc with urban communities and -- summer hill homes in when when -- when road. maps. general depiction of the site, the vacant parcel stands out clearly. this is a better shot of the parcel and the picture of the parcel. we have pipelines running underneath the property. in 2004 after the sfpuc reserved and protected the pipelines, other qualifications have been

issued. following that review process an option agreement with the city have been approved by the puc commission and board of supervisors at a sale price of $8.1 million. this agreement was extended and the negotiations for further extensions ensued. that's a development in restated option agreement that you have before you. some technical agreements were made. so the other party has changed slightly, nonetheless thees assess of the agreement is the same as approved back in 2006. we rechecked the value. we set the value -- at $6.6 million. the agreement before you retains the original price of $8.1 million. it remains to the benefit of the city. the

agreements secured and additional deposit of $300,000 includes what is already provided it includes the pipeline for pipeline purposes and the commission an approved the transaction and in their december 19, 2012 letter in the file. this is consistent with the general plan. detached residential units approximately two stories in height. the buyers are still going through their entitlement process. that is a process outside of the purview of the city. in the terms of the funds from this transaction when the board approved the participation of

golden gate, a list of prospective sales and prior completed sales, this is included those funds towards relieving that date requirement. in this particular case due to that as well as exemptions in the affordable housing ordinance, those applications don't apply here. we have representatives here. >> what was the address of the golden gate site? >> 525 golden gate puc headquarters building. >> can you explain to me, i know this property is outside of the confines of the city and county of san francisco but we have the surplus property ordinance under utilized vacant, how does the city

ordinance affect something outside of the city. we wouldn't building outside of that. >> two options, one developing the property itself for affordable housing or two, use the sales for affordable housing elsewhere. there are exceptions, one is for enterprise departments which is not subject to those requirements, nonetheless that was still a considered element when the properties identified for sale covered the funding stream on golden gate. the board considered that matter when certificates of participation were approved. we did an approach to reassure we were transparent on that issue. >> thank you. is there any public comment on item no. 4? seeing none, public comment is

closed. president kim, can we forward this to the board with recommendation? we do this without objection. >> any further items for this committee? >> no. >> okay. we are adjourned.