beach redevelopment plan over a portion of the proposed project at 75 howard street. discussion and action resolution number 44-2015. madam director. >> thank you madam secretary. commissioners, our work in rincon point south beach is largely complete but our land use jurisdiction extends through 2020. the work program is largely complete as evidence by the action you took to terminate various leasewise the port of san francisco for port leases in south beach and rincon park. this action before you proposes a consistent with our practice and other redevelopment project areas to delegate a certain portion thf lan use jurisdiction because sthra small portion that continue to howard projeblth to the planning department where the

planning department would take action for the city as part of the overall project including the findings under the redevelopment ban applicable to this small portion at 75 howard. with that i would like to ask gym morales the deputy director and general counsel to walk through the background and proposed terms of the delegation agreement. >> madam chair and members of the commission, my name is jim morales. the action before you relates to a project that has been proposed at 75 howard. it is approximately 20 story over a garage, 220 foot residential buildings. there is ground floor retail, 100 parking spaces and 120 bike parking

spaces. it is in a zoning district under the planning code that is designated as downtone office special development. the project comes before you in a very narrow way and that is there is a small portion of the parcel that this project will be built on that is within the rincon point south beach redevelopment project area. the project sponsor first applied for planning department approvals in 2012 and 2013. they had a slightly larger project at that time. subquently they applied for a revised project in 2014 that further reduced the size and earlier this year they submitted yet aortproposal that brings the project into the

limit i just described as the project description. the planning department back in 2012 determined that environmental impact report was required for the projecktd and that has been prepared. comments and responses document has also been prepared in that eir as well as project approval is scheduled to be heard by the planning commission on july 23. in mid-june last month, we received a request from the developer of the project to approve the small portion of the project that lies within the rincon point south beach project area. that area, the small triangle property is identified in the material that was submitted to the commission as part thofe pact as well as in that page that i just showed which comes from the packet on

a slightly larger scale. you see the project itself is outlined in the orange area and that the portion under the redevelopment plan is the small triangle area in the south eastern corner of that building. when we received-when ocii received the request we approve this tiny portion of the projict we looked to see what was being proposed for that area and what the zoning was. it turns out the part of the project that lies within the rincon point south beach redevelopment project area is very tiny portion of the underground garage, a small portion of the

building from floors 1-7, it is a corner of the building and from the floors 8-11 it is just a edge of the building that touches the project area and then from floor 12-20, there are no improvements that actually lie in the project area and so you see the proposal for the project is to taper the building upward so that it becomes somewhat narrower at the tower portion. so, we reviewed those improvements and looked at the zoning for that small portion. it is zones for residential, it has a height limit of 240 and so we determined and are recommending to you that you approve this agreement with the planning department to have it

review the consistency with the redevelopment plan for the small portion alodge with what amounts to the essence of the project which as i said lies within the jurisdiction of the planning department and it will be approved and reviewed. it may not be approved, but it will be reviewed and considered for approval at july 23 hearing. rincon hill south beach is essentially complete. it is a project geria that was first established in 1981 and runs through till 2021. thousands of units have been built, major public aminities are completed and funding by the agency including south beach harbor and run conpark. other aminities include the privately financed att park which lies in the area and

given the substantial completion of the project area and the fact that most of the tax increment money that had been committed to the project area had been spent by 2006, 20 o5. the board of supervisors in 2007 essentially reduced the scope of the project area so that future tax increment from the area was devoted to affordable housing under what we called sb 2113 replacement housing. the point there is that by 2007 the project area was essentially complete. more recently, this commission and the oversight board and department of finance have approved the termination of ocii leases with the port and these were leases the

redevelopment agency first entered into where we acquired lease hold interest and a number of port properties in order to facilitate development on those sites and that is where south beach harbor is located on port property that was originally under a lease to the redevelopment agency and numerous other developments have occurred. those leases are pending approval mptd the termation of the leases are pending approval from the final regulatory agency which is state lands commission because some of the land is public trust, but for all intensive purpose the agencies program at rincon point south beach is finished. none the less we have land use authority until 2021 and because of that we have begun discussionwise the planning department of the transfer of the property to the

planning department because we have no enforceable obligations in the rincon point south beach and technically don't have the resources to devote significant staff time or other resources to review projects that may come in. given that it is complete, we don't expect it will be any new projects in the near future. the delegation agreement that is proposed for you would give the planning department and the commission the authority to apply the redevelopment plan and design for development controls together. they constitute the redevelopment requirements for land use and design in the area. we have used delegation agreements in the past in other project areas. we have currently delegation agreements in zone 2 of transbay where the planning code and the planning

department apply land use jurisdiction. we have a delegation agreement in south of market. we have a delegation agreement in zone 2 of the bay view hunters point redevelopment project area and we had and still in effect but there is no action to be taken, a delegation agreement for the point of cite area which is part sthof yerba buena project that continues. that is blooming daels mall is located subject to delegation agrooement as well. we have a long history of using delegation agreements with the planning department. these type of agreements are authorized under the community redevelopment law whereby former and current agencies can utilize the resources of city

departments to fulfill a redevelopment program. also redevelopment disaleutian law, would essentially encourage this type of arrange where we winding down a project area and having another city department take over that authority. i would note the redevelopment disaligez law authorizes city to request they take over the land use authority from a former redevelopment agency and so it is absolutely clear there is statutory authority to do this and finally of course is the nature of this project that lies within the project area given its relatively small size really only 337 square feet of

a parcel that is over 20 thousand square feet. in delegating the land use authority we are delegating the review under sequa and the determination of whether or not the improvements on this small triangular property comply with the sequa law. so with that oorks cii staff recommends you approve the delegation agreement and i'm here to answer any questions. >> thank you. any speaker cards? >> i do not. >> okay. any comments? questions? none? i think commissioner mondejar made a motion and so therefore let's set the orders. commissioner bustos is second. been moved

and seconded. please call the roll >> commissioner members please announce your vote when you call your name. commissioner mondejar, yes. singh, yes. bustos, yes. rozaul rosales, yes. i have 4 aye. >> the rez solution adopted >> the next order of business is item 6, public comment on non ajunda items. >> any speaker cards? >> no >> please call the next item. >> the next order of business is item 7, report of the chair. >> i do not have a report. >> the nerks order of business is item 8 recollect report of the executive director. madam director. >> commissioners i have 3 informational items for you 2

of which are in your packet said today. one in your packet today is a solicitation for proposal for infrastructure engineering support services at candle stick point and hunters point. there is a solicitation that went out in the fall of 2014 for the support services at huntsers point shipyard. the nature of the work surveying, engineering, pursuant to phase 1 and 2 development agreement. the developer [inaudible] the infrastructure pursuant to city plan and specks t. is a enormous undertaking that both or staff and city daapartment staff do need a 3rd party assistance for. there were 2 proposals submitted the panel

comprised of ocii public work squz other staff determined those 2 responses to be non responsive and after review of the process and procedures we are now recommending a new solicitation go out with enhancement tooz make the requirements clear for engineering support services for potential respondence. that is in the packets. also just delivered today is a hard copy in your packet. there is a informational memerandum pursuant to commissioner request for status upidate on fillmore heritage center which includes yushy space and 1300 space. we provided a memerandum on the status of that project pursuant to had agreements and cities agreements we have sturminated the ground lease with the

master 10 td fillmore development. 1300 fillmore is a direct tenet of city and county of san francisco who stepped into that lease mptd our goal and we heard the commissions goal and communities goal is to insure that that corridor stays vital and that the existing businesses on the corridor stay in place. to the that end the district supervisor president london breed convened a community meeting that will take place on july 13 at 630 at west bay and follow up meeting july 22 at well. we are working closely with the sit aand our legal counsel to make sure all our rights and remedies are preserved but the space is activated during the interim period until there is a final disposition of the praurnt that is required by

disaleutian law. that memerandum is in your packet and available for members of the public and will be available at the community meeting at well on july 13 for a any members of the public and hch the second item and the third item to upidate you on, we learned that lunar has filed with the fcc what is called a form k 8 and what that is is they are seeking to consolidate assets at carndal stit, hunters point, eltoro and new hall and goo a pub lb offering separate and apart from lunar communities into a new company called 5.holdings. our existing agreements with lunar do provide for transfer provisions provided that

certain terms and conditions are met and this is fairly typical. since we just learned of this and the fcc filings were public today we are reviewing that against our existing agreement with the developer. there are guaranteed requirements, expense net wrkt, developer ownership and control. as we understand it, there will be new change in terms of the existing leadership that are based today here in san francisco and in fact the as we understand it and under our initial review of the filings it appears that the same ceo and chairman of lunar is on the board as is the same cfo of lunar, but we still need to review and have requested some additional information from the review it pursuant to our requirements.

those 3 items-- >> it is candle stick, eltoro >> candle stick point, hunter point ship yard and new hall and el toro and they have other marketing community names, but in terms of geography, new hall and el toro are in northern california and hunters point and candle stick point. >> before the commission asks follow up questions to the executive director i need to ask if members of the public would like to address the commission on the comments on the reports of the executive director? no. okay. anybody have a question? >> i do. >> tiffany, is lunar are they going request something from us like a letter of support to the

fcc? >> no. like i said there are transferee permissionthat are in the phase 1 and phase 2 dda and have to meet minimum flesh threshold. we had a corporate guarantee from lunar with a 8 billion dollar cap. i'm on the edge of my knowledge base >> they will need--in general may would need support whether it be from us or from the community to get this through the fcc, right? >> they have foomeet the terms kw conditions of the dda for transferee in terms of developer ownership and control, so there is review by staff and by the commission to meet the terms of-new

corporation which may look like the old corporation, does it meet the terms and conditions? in essence, yes but it isn't a support for the fcc, it is your own process. >> the grument is a gud opportunity for us to put in teeth and tell lunar that you need to pay your subcontractors? >> [inaudible] >> okay. you get the just of the question and there may be a- >> there is a item on commissioner question and matters so i think that may be a appropriate thing to ask. >> it was pertaining to her report but i'll bring it up after rrbds >> thank you. please call the next item >> the next order of business is item 9, commissioners question and matters

>> i was say that wouldn't this be a good opportunity for us to sit down with lunar and say we understand you are going through this process and we would feel comfortable supporting this if we knew the contractors and subcontractors, thatarve wn is getting paid. because i know like for us in the financial services when we try to do stuff and we have to go through the ranks, we rely on support from others and then when some people don't agree they exspess that concern. is there a way in which we could use our opportunity here to say we know you want to go through this and we would like to be helpful, but we need to know that people are getting paid is

base ically what i was trying to say >> i assume the transfer provisions in the agreements are contingent on lunar being in compliance of all the obligations under the agreements >> yes >> so, if they are in breach of the agreement like the small business policy or any other one of our policies could be room for further conversation in connection to the consent we are required to provide for the transfer. >> or conversations with the agency. >> i think probably-i'm not sure we would have conversationwise the agency >> we can hold that as leverage. >> now we are getting into discussion. >> i'm listening >> one question, how soon would

this matter come before us for approval? there has to be due diligence >> this just breek this morning. there were filings made public. lunar filed july 2 and the filings were available at least i found them today >> how did you find out about it but you answered it. >> i wanted to also comment, we have no information they were going to move forward with this new corporation they are forming? >> there was a notice that their regional president cofy boner, yes i received short notice last night, but i think-again, there are specific rules the fcc has. there was a public press release. there

are rules that the fcc has about what public corporations qu corporations filing for ipo what they can say and not say. that is the extent of my knowledge base but in compliance with our agreement the commission and staff is in full scope and rights to enforce those existing agreements. >> okay. >> please call the next item >> the next order of brz is closed session, there is none. the next item of business is adjournment. madam chair. [inaudible]

>> i'll be one minute. >> your one minute >> one minute. if you can just show this. [inaudible] i have plenty of picture jz also have the commissioners from when you had the care sl. i have a collage of pictures i present >> why am i not there? >> you are there >> is that me? >> i'm the one that is not there. >> [inaudible] i haven't talk today the family but i wanted to do something for the community and commissioners and people that kno knew leroy king so talked to the director and

will present something so we can get something toort after the 24 but we want to do smck in house for leroy king. i have picture in my vault but it is a honor to bring these pictures. there were individuals at the party but i won't go into this. this is my second project because i did things years ago with redevelopment but this is a honor that we as a community and redevelopment can koosming thun western addition for leroy king. this is ace and i'm on the case >> the next item is adjournment. >> i move >> yes. the meaning is adjourned at 355. thank you everyone.

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