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they held a public workshop and a grocery store was suggested for the site and TOD walkable communities have come to the forefront. Fortunately the main headquarters of a grocer is within walking distance, and those working for Safeway will take BART and go to work. They have received a letter of intent from Safeway to occupy the 14,400 square foot space, and if the zoning change is approved, they will be able to occupy the space. It will also be a service store which includes a deli, possibly dry cleaning service, and a lot of services expected from a full service grocer. He noted their site is designed for an urban sized family, they originally split the affordability factor 50% between low and very low units through the Housing Commission, and when they looked at their financing situation it is very difficult to get a loan. They looked at tax credits and bond financing and returned to the Housing Commission and proposed 20% of the units at 50% of AMI at very low income which was agreed to. Part of that agreement is to provide 3 or 4 specialized units for the disabled. He said they know they can get financing for 20% of the units at 50% of AMI, but to add to the affordability of another 5% of the units at a moderate income level, recognizing that moderate rents are typically above market, would be difficult to document cash flow. Mayor Hosterman asked if they are able to consider adding 5% moderate housing and work through whether or not this can be penciled out. Mr. Heffner said their goal is to receive approval so they can move on and if this needs to be done, they will provide it. She questioned if the existing affordability can be included in perpetuity or beyond the ground lease, and Mr. Heffner said they can do this, as the project will continue to be a rental project. Steve Brozosky said the project is not truly a TOD without the grocery component and he asked to make sure it is included in order for people not to drive. He voiced concern with the amount of parking, believes the project has become a demonstration project for TOD housing, and if allowed to go through, the City can learn from it. He felt it was important to get the 20% low income, said the school district does not receive the higher funds and he would like to determine the number of students the project will generate. Christine Steiner, Citizens For a Caring Community, supported very low affordable housing along with the extra 5%, said while money may be hard to get, bids are coming in low for some of these projects, voiced the need for mall employees and suggested giving preference to people in the project to work in the vicinity, suggested a pedestrian overpass to link projects to the other side to the mall and supported the project. The Mayor closed the public hearing. Mayor Hosterman supported the project, said the parking numbers are not perfect, but felt the applicant maximized parking opportunities. She was not concerned with the flyover as she believed this would be a future project, and wanted the project to move forward. She supported Ms. Steiner's suggestion of adding a pedestrian overpass if possible which would add to safety and people walking and not driving. Mr. Dolan said Condition 28 addresses the requirement for the applicant to provide a traffic crossing, traffic controls, advanced signing, pavement markings and flashings, but it does not envision a structure above the flow of traffic and he was not sure this would be recommended, as the need to enliven the street is needed. Councilmember McGovern said when this project came forward to her, she was willing to go with 300 units due to the housing cap and the 5% moderate affordability is important to her, she Council Meeting Minutes 5 September 16, 2008