San Francisco Board of Supervisors Regular Meeting - February 6, 2024

The San Francisco Board of Supervisors held its regular meeting on Tuesday, February 6, 2024. The agenda included routine consent items, a major CEQA appeal hearing for a proposed 24-unit housing project at 2395 Sacramento Street, a resolution opposing state legislation that would modify the California Coastal Act zone boundaries, commendations for community leaders, and the introduction of several new policy items.

Consent Calendar

• Items 1 through 11, including financial settlements, grant acceptances, and various routine approvals, were adopted unanimously.

Unfinished Business

• Item 12 (Library Site Prioritization): The Board approved an ordinance designating the city-owned parcel at 100 Orizaba Avenue as the prioritized site for a new public library branch, subject to environmental review and approvals. The vote was 8 ayes and 3 noes (Supervisors Dorsey, Mandelman, Melgar).

Discussion Items

Airport Leases and City Contracts (Items 13-16):

• The Board unanimously approved new 10-year lease and use agreements for various airlines at San Francisco International Airport and authorized two contract modifications for electrical supplies for city departments, totaling up to $30 million.

Lithium-Ion Battery Safety (Item 18):

• An ordinance amending the Fire Code to establish safety standards for the charging and storage of lithium-ion batteries in powered mobility devices and to prohibit the use of damaged or reconditioned batteries was passed on first reading.

Gashouse Cove / Marina Harbor Project (Item 19):

• Supervisor Safai introduced an ordinance prohibiting the Recreation and Park Department from expanding the West Harbor Marina by more than 150 feet. Safai argued the project threatened historic recreational uses (rowing, swimming, youth sailing) and called for philanthropic funding, citing the India Basin redevelopment as a model. Supervisors Dorsey and Ronan supported the measure, with Ronan expressing concerns about potential costs to the General Fund and urging the city to increase slip fees. Supervisor Stefani recused herself from the vote. The ordinance passed on first reading with 10 ayes.

Opposition to California Senate Bill 951 (Item 25):

• The Board debated a resolution opposing Senator Scott Wiener’s legislation to modify the California Coastal Act boundaries in San Francisco.
• President Peskin (Sponsor): Argued the bill set a “horrible precedent” and was “the beginning of the end of the California Coastal Act.”
• Supervisors Engardio and Melgar: Opposed the resolution, arguing it was premature given ongoing negotiations between the Senator and the Coastal Commission. Engardio also noted the proposed bill did not change the substantive protections of the Act.
• Supervisors Chan, Mandelman, Ronan: Supported the resolution, expressing concern over losing local coastal protections.
• Supervisor Stefani: Supported the resolution, expressing hope that the bill would be amended.
• The resolution was adopted with an 8-3 vote. Voting no were Supervisors Dorsey, Engardio, and Melgar.

CEQA Appeal Hearing – 2395 Sacramento Street (Items 21-24):

• The Board held a public hearing on an appeal challenging the Planning Department’s determination that a 24-unit housing project (including rehabilitation of the historic Lane Medical Library landmark and new construction) was exempt from further environmental review under CEQA. The department had issued a General Plan Evaluation (GPE), tiering off of the Housing Element Environmental Impact Report (EIR).
• Appellants (Richard Drury, neighbors, SF Heritage): Argued that the use of a programmatic EIR to bypass project-level review was unlawful. They highlighted “peculiar impacts” to the landmark’s interior (including Arthur Matthews murals), off-site impacts from vibration and wind, and construction-related air quality risks where experts calculated a cancer risk of 400 in a million compared to the significance threshold of 10. They argued the GPE is not a document recognized in state law.
• Planning Department: Defended the GPE process, stating it provided over 150 pages of project-level analysis and required specific mitigation measures tailored from the Housing Element EIR. They argued the process was consistent with state law (CEQA 15183) and had been used for similar Community Plan Evaluations for 15 years.
• Project Sponsor: Emphasized the project was a respectful adaptive reuse providing urgently needed housing (including 3 on-site BMR units). They warned that granting the appeal would add costly delays, jeopardizing the project, and noted new state law AB 1633.
• Decision: Supervisor Stefani (District 2) moved to approve the GPE. She argued that the appellant failed to meet the legal burden of proof, that the debate centered on the word “peculiar,” and that the Housing Element EIR explicitly contemplated streamlined review for projects impacting cultural resources.
• Outcome: The motion to affirm the exemption determination passed 10-1, with Supervisor Peskin voting in opposition. The appeal was denied.

Public Comments & Testimony

• General Public Comment: Speakers addressed a wide range of topics, including criticism of political figures, support for unhoused residents, and a racial incident at an SFUSD school.
• Preservation of 2395 Sacramento Street: Over a dozen speakers testified on the CEQA appeal, with historians, architects, and residents arguing for a full environmental review to protect the landmark, while housing advocates and neighbors urged the board to approve the project to add much-needed housing.
• Youth Commissioner: Linda Yi, a Youth Commissioner, urged the board to support recognizing February as Teen Dating Violence Awareness and Prevention Month.

Key Outcomes

• Affirmed CEQA Exemption (2395 Sacramento Street): The Board voted 10-1 to uphold the Planning Department’s determination, clearing the way for the 24-unit housing project to proceed.
• Adopted Resolution Opposing SB 951: The Board adopted a resolution opposing Senator Wiener’s bill to modify the California Coastal Act boundaries, voting 8-3.
• Passed Marina Use Ordinance: An ordinance to limit the expansion of the West Harbor Marina passed on first reading (10 ayes).
• Approved Consent Agenda and Resolutions: The Board approved the consent calendar and various resolutions, including supporting the UPTE-CWA optometrists’ strike, recognizing the 20th Anniversary of the Winter of Love, designating “Niners Day” (Super Bowl Sunday), and proclaiming Lunar New Year 2024.

Introductions and Referrals

• Supervisor Ronan: Requested a Budget and Legislative Analyst report on state and federal funding lost by the city between 2018 and 2023.
• Supervisor Melgar: Called a hearing on recurrent PG&E power outages in District 7.
• Supervisor Dorsey: Called a hearing on public safety and community impacts of Permanent Supportive Housing (PSH) facilities in District 6.
• Supervisor Stefani: Introduced a resolution condemning anti-abortion harassment and urging enforcement of Article 43; requested letters of inquiry to SFUSD regarding security bond funds and the Sandy Hook Promise reporting system.
• Supervisor Walton: Introduced a resolution declaring February as Teen Dating Violence Awareness and Prevention Month.
• Supervisor Preston: Provided a LAFCO update on studies related to battery storage, a municipal green bank, the future of Midtown Park Apartments, and an RFP for a municipal housing agency consultant.