those analyze the waiver exemption in costa hawkins? and with the legislation that will be in front of us, the development agreement, is that the waiver or is it the density bonus exemption? supervisor campos: i don't know the extent to which we can discuss this, but the problem, supervisor elsbernd is that there is no case that specifically addresses the issue before us where density bonus actually satisfies the exemption this is -- which the issue here which is there is no case that specifically addresses, how do you know what you're doing is in fact enforceable? supervisor elsbernd: when you said you wanted to put on the record these cases are the precedent, i wanted to be very clear, they're not the precedent because there is no precedent on this issue. and i think we agree on that point, there is no case law specifically on whether or not the density bonus exemption in costa hawkins is applicable. supervisor campos: that's the point. you're making my argument for me. because if that's the case, if there's no specific case on point,

it is way too risky to think that under costa-hawkins we can have some sort of protection for these units. you have heard from these people who are going to lose their homes. do not put this -- do not put them at risk. send this back to planning. thank you. >> i have been living in parkmerced since 1959. in case you don't know it, this is the eir. i suspect to probably have not seen it yet. i have emailed each of the supervisors and the staff of the board some comments with respect to this. i would like to emphasize certain points. one, one-third of the proposed 1500 units being demolished were not built in 1941. they were built in the 1950's, at that standard, when the towers were built. if the towers do not need to be replaced, than one-third of these units do not need to be replaced either. they are made of concrete, not lath and plaster. the muni reroute is probably one of the more bring was ideas i have seen short of the crosstown subway plan. any route of the m line goes one block inside parkmerced. it serves may be 5% of the population in that unit. it leaves the entire west side n

finally, we are going to have to but epps -- at costa hawkins. there are two narrow exceptions, subsidized housing and density bonuses. this is how these work. if you are a developer of multi unit housing, and you come to say, "i am going to do high- density housing, i want assistance under this provision, the city must give that assistance, so it is not merely in consideration for anything. it is not optional. they have to give the consideration. they have to give the assistance, which is in the form of a density bonus or other concessions. what they do is set aside a certain amount for low-income or very low income people. the government assures this goes on for 30 years. this is different from rent control. it is much more narrow. it has restrictions. it maintains a web level but only for 30 years, based on affordability levels. rent control has no time limits and does not match rents or affordability. really, is a complicated scheme. full-scale rent-controlled construction by parking inside the density bonus program. this is a risky propositi