(applause) >> our final presentation of the day will be by our district 7 colleague, supervisor yee. >> thank you, president chiu. congratulations to all the honorees. and you can see from just today the diversity of leadership that comes out of the filipino-american community and how they express their leadership. it's so different in the way they do this. so, today i have the great pleasure to recognize art belanson. will you come up? better known as the mayor of west portal, as district 7's honoree for filipino-american heritage month, arch immigrated with his family from the philippines in 1969 and opened his pet store on west portal

avenue in 1971. he was called -- he has called district 7 home for over 35 years now and art was always eagle tore get involved and was active in the filipino-american community. during a time when there was a struggle for communities of color to even be recognized ~. he was one of the founding members of the filipino professional and business association and helped san francisco create ties with the manila as a sister city. art is well known in the neighborhood for his charm, warmth, and most importantly his leadership. always friendly, amicable, art helped to elevate the voices of neighbors and merchants. he served as the president of the west portal merchants' association twice and served on the board of forest hills neighborhood association. art carries himself with great

civic pride and he's generous with his time as he has served in many capacities as a volunteer, advisor, and advocate to city and state bodies including the treasure island, yerba buena island citizens advisory board. this year's theme for filipino-american heritage month is legacy, and art bielenson certainly lives up to this title. art, or should i call you mayor art bielenson, on behalf of district 7 and the city of san francisco, i want to thank you for your contributions to the city. thank you for being a role model for civic engagement, leadership, tireless advocacy for the next generation of filipino-american leaders, and i am honored to be a friend. congratulations. (applause)

>> it's been a beautiful ride, sad and happy. sad because we lose [speaker not understood] battle. we lost dr. boa, who are the pioneer leader of the filipino community. in san francisco, we work hard to [speaker not understood] for our self-to build a foundation for the filipino community. i see [speaker not understood] who started that. so, i'm sad because we lost so much, but happy because we have done a lot for our community. west portal is one of the best-kept secrets in the neighborhood. we have jewish people there, jewish, too. we have asians -- it's a very good diversified group of people and i'm glad i don't have to be elected because i'll be the mayor of the neighborhood as long as i'm alive. thank you, norman, for honoring me and us filipinos, we work

very, very hard. not only in words, but in our spirit and in our deeds. it's the way we carry ourselves. honesty and hard work [speaker not understood]. so, tonight thank you and we keep on doing the good work for everybody, and please help us in our neighborhood. without my neighborhood, the forest hills neighborhood association, st. francis, [speaker not understood] who support me, these are my power, these are my base support. fill pin owes and everybody in our neighborhood. that's how fill pin owes [speaker not understood] in the community. [speaker not understood], but all groups of people. that's what we are known for. through our grandfathers. we keep doing our work and spread the word, we do a great work for everybody. thank you very, very much. appreciate it. (applause)

>> [inaudible]. (applause)

>> thank you, colleague, for today's presentation. and i also want to thank all the amazing community leaders who are with us today, both the ones who we commend and all of you who are doing an incredible work, not just in our filipino-american community, but in san francisco. i want to invite everyone in 45 minutes downstairs at the city hall rotunda, the filipino-american history month celebration will begin with mayor lee and our filipino-american commissioners and hopefully our board meeting will end not too long after that starts so we can all go on to the celebration as well as to watch our favorite giants. so, with that again thank you all for being here. mabuhai. (applause) >> and with that, colleagues, why don't we now go to our 3:00 p.m. special orders. i also want to thank the parties who have been waiting for the consideration of these two special orders. i'd like to first call items 20 through 23 regarding 639

peralta avenue. madam clerk? >> items 20 through 23 consists of [speaker not understood] the decision of department of parks approving a tentative parcel located at 639 peralta avenue. item 21, 22 and 23 are the motions associated with that tentative parcel map. >> colleagues, for this hearing today, we will consider whether the tentative map for the 639 peralta avenue is consistent with our general plan or any specific plan that applies. as typical we will first hear from the appellant who will have up to 10 minutes to describe the grounds for the appeal. we will then take public comment from individuals speaking on behalf of the appel analyst. each speaker will have two minutes to present. we we'll then hear from representatives of dpw and the planning department who will have up to 10 minutes to describe the grounds for their decision to approve the tentative map following the departmental presentation we'll hear from the real party in interest who will have up to 10 minutes to present. we'll then hear from persons speakving on behalf of the real party in interest, and then

finally the appellants will have up to three minutes for a rebuttal. unless there are any objections to proceeding this way, let me ask supervisor campos, do you have any initial comments [speaker not understood]? >> colleagues,ly have some comments once all the parties have presented. thank you. >> okay, at this time why don't he we now proceed with the hearing ~. if the representative of the appellant, if you could please identify yourself. you have up to 10 minutes to describe the grounds for the appeal. >> thank you, mr. president, and honorable board. my name is alex weyand. i'm a real estate lawyer here in san francisco and i represent william bradley. i know it's late in the day and there is a little noise in the hallway, but i'd like mr. bradley to stand upright now and i'm going to introduce him to you because he's a member of this community and has been for many years. mr. bradley owns a property, a true owner of 639 peralta. he holds a ph.d. and he's known in the community as oba tashaka.

he is a professor emeritus at san francisco state university. has been since '05. he was a professor since 192 and perhaps best recognized by the san francisco public library in the 2013 black literary festival in their notice as the person who led the san francisco civil rights movement and addressed such issues as economic apartheid and job discrimination. ~ 1972 that's my client, folks. and his problem today and what he's asking you to remedy is the fact that a bank during the foreclosure crisis during the great recession foreclosed on an adjacent property that at one time he he also owned. he had taken out a loan with indy mac. indymac is out of business. they went out of business in the great recession. if you look at the deed of trust and it's attached to the complaint, we have filed a complaint with the san francisco superior court and ultimately we're going to urge you to deny this -- to make a motion denying this application

to let the courts handle this matter. but if you look at the complaint which is verified under penalty of perjury by mr. bradley, you're going to find an exhibit the deed of trust. if you look at the deed of trust that is in your packet, and i can give you the specific exhibit reference in a minute, you're going to find that in the deed of trust it references that this loan is for 637 peralta, not 639 peralta, the adjacent lot. and what happens to mr. bradley is when indymac goes out of business deutsche banc takes over and that hadxctionv off to a firm in nevada [speaker not understood], they as the deed of trust foreclose and they make a mistake. they foreclose on both lots. that's why we're here today and that's why we filed a lawsuit. they foreclosed on 637 and 639. so, after they foreclosed and

made this mistake unbeknowsctionv to mr. bradley, he had no clue any of this -- he had no clue any of this went on ~ until an indication in may of this year that there was construction on his property at which time, let me jump a little bit here, he then writes a letter to the property group who is coming here today, the applicant, and says, folks, there's a problem. it's a detailed letter, a letter you'd expect from a ph.d. there are exhibits attached. dole man ignores him. they've ignored the complaint that's been served on them since the beginning of october. bottom line is a mistake was made. we're going to prove it in court. with the greatest respect, this legislative body is ill suited as a general proposition for evidentiary findings, for rulings that of a legal nature -- this is a quiet title action. the fair place for it to be for my client is in the court system. so, we would ask you based on the mistake and i'm pleased to go through specifics if that's going to be helpful to you,

beyond what i've said, that you ultimately one of you move to deny this application and that you so vote. i can answer any questions if there are any. otherwise i'll reserve the rest of my time for rebuttal. >> thank you. colleagues, any questions? okay. at this time why don't we hear from any members of the public if they wish to speak in support of the appellant. okay, and at this time why don't we hear from members of the department of public works and planning who will have up to 10 minutes to describe the grounds for their decision to approve the tentative map. >> good afternoon, supervisors. bruce [speaker not understood] city and county surveyor. i have little to add other than what i've provided you before. obviously we got an application for subdivision for two-unit new construction condominium. on august 8 we referred to all

the public agencies. on the 18th of september we've got approval from the planning department and issued tentative approval, and on the 29th we got the notice of the appeal. we have the dole man properties listed as the owner and the subdivider and have no other additional information that indicates otherwise. >> colleague, any questions to city staff? okay, at this time why don't we now hear from the real party in interest. >> good evening. [speaker not understood] here on behalf of dole man properties. i don't have a good deal to add. the gentleman from public works is right on the money. we have done surveys. we have done the research. there is nothing to the complaint.

that having been said, the complaint that is in state court should be the dominant issue here. we would suggest that the appeal, which is not the subject right now, which is late, i would point out, could have come a long time ago. it did not. what's happening right now is simply an end run and it's all about money. the property has been developed correctly and well to the tune of well over half a million dollars. somebody has waited long enough to make this worth their while to try to dredge this up. that's offensive on several different levels. i would also point out that any recourse that needs to be had by mr. bradley can be had in the courts. that's where it belongs. if the court decides that his allegations are well taken then he is obviously entitled to get

himself a preliminary injunction. we don't think that's going to happen, but we suggest that it's probably not within the province of this committee to jump that issue in court. we suggest that this matter, line item before you, should be approved and following that on the calendar [speaker not understood]. any questions? >> colleague, any questions to the real party in interest? okay. >> thank you. >> seeing none at this time, let's hear from members of the public that wish to speak on behalf of the real party interest. seeing none, let's hear from the appellant who will have up to three minutes for a rebuttal. >> thank you. first let's talk briefly about the october 27, 2014 public works letter that's in your file. respectfully, the surveyor did not look at the entire chain of title.

there are actually errors. the first bullet point refers to a deutsche banc deed dated march 25, 2011. there is no such deed attached to these papers. the actual deed that is being referred is the october 28, 2011 deed that is in the complaint. but if you look, you're not going to find any reference to the pre-existing chain of title with rsm & a and with indymac which explains the mistake. it's been left out. you don't have a complete record here today. second, there's been a comment made about we have nothing else in our files to tell us who owns this property. please take judicial notice of the most recent property tax bill, which i'd like to present to the clerk. guess who owns this particular -- 639? according to the city and county of san francisco it's william bradley. folks, you're being asked to vote on something that's just plain wrong. you don't have your facts straight in front of you. i strongly urge you to make a

motion to deny this. and the idea that we're going to wind this way through court, that's right. it's going to take time. we have discovery outstanding. we september out document requests. we're serious about this case. rehe expectfully i'd ask that that motion be made to deny this application and it be voted on in favor of a denial. thank you very much for your time. mr. bradley, by the way, would like to say a few things if i might offer -- thank you. >> as part of the three-minute rebuttal. >> yes, in addition to what my attorney stated, you will note in the documents that the refinance done by indymac was on 637 peralta. it lists lot 15, the block no.. 639 was not covered. this property was owned by my family since 1943. this property was owned outright. i bought my family out of the property, paid them off, i owned it.

foreclosure on 637, i own 639 outright. the county recorder's office, san francisco county recorder's office list me as the owner. it is listed in the documents that you have here. so, this is not a question of some false charge. i was not late in responding. i found out by a contract company that the concrete company that laid the concrete that they had laid concrete. they sent me a notice to pay for 75,000 of laid concrete because when they went to the recorder's office they found that i was the owner. so, the point is i moved on this as soon as i found out about it. it what not a case of waiting. and i received no response from dole man property when i wrote them [inaudible]. >> thank you very much. >> [inaudible].

>> thank you very much. thank you very much, sir. and with that, colleagues, any questions to the parties? supervisor campos? >> no, no questions. >> at this time item 20 has been held and is closed -- >> actually, no. i would like to -- >> you do not want to close it? so, if i could rescind, motion rescind, that objection that should be the case. [gavel] >> supervisor campos, what would you like to do? >> thank you, mr. president. i want to thank the parties and dpw for their comments. as was noted, there is a pending quiet title action in superior court that was filed on september 29th. and based on that, let me just say that legally there is a requirement that we actually hold this hearing. and, so, i'd like to move that the hearing remain open, but

that because there is the pending quiet title action that we actually continue the discussion but pending what happens in court and there will be a need for additional briefing from the parties. so, the motion is to continue the discussion to keep the hearing open and to continue the discussion to i guess december 16th. would that be appropriate, city attorney's office, or should it be a longer date? >> deputy city attorney jon givner. as i understand it, the parties will have their first case management conference in superior court well into next year in march. the board isn't bound by that schedule. i understand from conversations with you, supervisor, that you're potentially interested in hearing from both parties as to -- in writing as to how the board should decide this matter

in the context of the subdivision map act and our local subdivision code. so, perhaps if the board continues to december 16th you would request that the parties submit something in writing before that date. >> okay, great. so, with that in mind, with the understanding that the parties would submit something in writing to this board, i would move to continue the discussion and move this item to december -- is not this item to december 16th. >> so, supervisor campos has made a motion to keep this hearing open to continue this item to december 16th and request that the parties, any briefing materials the party would like to submit, second by supervisor mar. colleagues, any objection to the motion? without objection that motion passes. [gavel] ~ >> let's now go to our second item. madam clerk, can you call 24 through 26? >> [speaker not understood] pending approval of item 33 for a public hearing to consider

the proposed resolution, the subject matter of item 25. approving provisions of a variation decision by the commission on community investment and infrastructure modifying the outside affordable housing requirement for 181 fremont street in the transbay redevelopment project area. item 25 is a resolution of the board of supervisors, acting in its capacity as the legislative body to the successor agency to the former redevelopment agency of the city and county of san francisco, approving provisions of a variation decision by the commission on community investment and infrastructure, modifying the on-site affordable housing requirement for 181 fremont street in the transbay redevelopment project area. mr. president, would you like me to read item 33 as well? >> sure thing. >> item 33 is a motion scheduling the board of supervisors to sit as a committee of the whole, acting in its capacity as the successor agency to the former redevelopment agency of the city and county of san francisco, on october 28, 2014, at 3:00 p.m., to hold a public hearing to conditionally consent to the provisions of a variation decision by the commission on community investment and infrastructure modifying the on-site affordable housing requirement for 181 fremont, consisting of two parcels located on the east side of fremont street, between mission and howard streets, in the transbay redevelopment project area. ~ 118 fremont street. >> colleagues, let's first take item 33 so we can sit as a

committee of the whole. we have a motion in front of us. is there a motion whether we ought to sit as a committee of the whole to consider this item? seeing none, public comment is closed. [gavel] >> on that motion, madam clerk will you call the roll? he supervisor cohen on item 33, cohen aye. supervisor farrell? farrell aye. supervisor kim? >> aye. >> kim aye. supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor yee? yee aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. there are 11 ayes. >> the motion is approved. [gavel] >> and with regard to the hearing itself, item 24, let's open up this hearing. let me first ask supervisor kim if you have any opening comments. >> thank you, president chiu. colleagues, before us today is a modification to the transbay redevelopment area plan that would permit the outcomes of the negotiation that that's

been undertaken between ocii and the developer at 181 fremont. so, to give a little bit of context to the decision before us today, when the transbay redevelopment area plan was initially passed, we require on-site development of any below market rate units, affordable housing units within the envelope of the building itself, and that included 181 fremont as well. 181 fremont is a slightly different development in the sense it is a mix of office and residential with all of the office space on the bottom half of the building and all of the residential on the top half of the building. because of that even though the building is quite tall, only 11 units of below market rate housing was requirement -- was required in this agreement due as the exact percentage of all the market rate developments -- sorry, market rate units that are being built on this development. the developer did request the

city if he could off-site these units to another site within the transbay area plan. after lengthy negotiations, what has come before us is a modification that would allow the developer to off-site, but instead of paying the fee that the developer would have normally paid in the mayor's office of housing requirements which would have been $5.5 million, the developer has now agreed to pay $13.85 million instead. as a policy member -- as a policy preference, i always prefer inclusionary units to be built on-site and, in fact, any time a developer comes that is building rental housing here in san francisco, our office makes it clear that we would like the affordable housing units to be built on-site. however, in this specific case where we are building for homeownership, we find many of our luxury housing or multi-unit apartment buildings throughout the south of market that while our residents can afford to pay the mortgage,

because the price of the housing is based on income, they often cannot pay the hoa fees that are associated with that, hoa fees can be a couple hundred dollar a month and they can go all the way up to actually $4,000 it a month. in this case the developer is expecting the hoa fees to be at least $2,000. because of that we were open to negotiations. and after the outcome of it where the developer agreed to pay $13.85 million, we were able to renegotiate on the ana for another development two blocks away on the corner of fremont and folsom being built by related and tenderloin development corporation. to allow them to build 69 additional units of affordable housing instead of the 11 that was initially committed to in the 181 fremont deal ~. now, as you all know, the transbay area plan has a goal, a fixed goal of 35% affordable

housing. this is the highest in the city and it's designed to ensure that we have a mixed income diverse neighborhood. we already have built one 100% affordable housing project in this area. the [speaker not understood] apartment, a supportive housing project for residents that were formerly homeless and we also have another project underway being constructed by both mercy housing and [speaker not understood] development which will be mixed use. within the project area will be affordable housing for people making between zero and $55,000 a year for a family of four. in the area we also have plans for affordable ownership housing up to 100% ami or $81,000 a year for individuals for an individual or $97,000 a year for a family of four. now, i want to reemphasize that under our current fee structure under the mayor's office of housing, the developer would have only paid $5.5 million and, yes, while 11 units with

million dollar views would have been awesome, weighing that with building 69 additional units of housing where we wouldn't have to worry about whether residents could afford to pay an hoa fee felt that was the right direction to go for this area plan. now, i also want to explain the hoa policy. our office explored whether we could look at tiered hoa fees based on north korea. so, if you're in a below market rate unit you would pay a lower rate of homeownership association fees versus those that are paying market rate. what we discovered, though, in that investigation is that via state law we are prohibited from making any local ordinances that would require a subsidized or lower hoa fee. what is also exciting about this negotiation at the end of the day is that our office has been working with the mayor's office of housing and the mayor's office to explore tiered in-lieu fees. this negotiation absolutely sets a precedent for that type of policy.

we know that a waterfront condo should not be paying the same off-site fee that perhaps an 18-unit residential building in the excelsior should pay. this sets a policy preference for understanding that we should look at the value of the condos that we are building and when we do off-site fees versus just letting everyone pay the same fee in and of itself. so, again, i want to emphasize that this negotiation will allow us to build 69 more affordable housing units, a net increase of 50 new affordable housing agreements and that we have also executed an exclusive negotiation agreement with related ntndc to ensure that these units will be built on block a, and this building will again be designed by oma and the ferguson architects. i want to express my support for the agreement that is before us today and, colleagues, i hope that you will join me in my support. we also have kevin guy from the

planning department as well as courtney pash from ocii. ~ if board members have any additional questions. >> thank you, supervisor kim. why don't we now go to presentationses from our city staff. >> good afternoon, board members. i'm courtney pash, the office of community investment and infrastructure active project manager for the transbay bay area project. supervisor kim pretty much covered everything that i would say about this project. ocii is supportive of it. on october 10th our commission voted unanimously to approve a variation from the redevelopment plan to allow the developer to pay the $13.85 million fee in exchange for converting 11 of the on-site affordable housing units to market rate. on october 16th the planning commission unanimously approved an amendment