San Francisco Land Use and Transportation Committee Regular Meeting - October 7, 2024
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San Francisco Land Use and Transportation Committee Regular Meeting - October 7, 2024
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on Monday, October 7, 2024, at 9:45 AM. Chair Supervisor Miranda Melgar presided, joined by President Aaron Peskin and Vice Chair Dean Preston. The committee considered five agenda items, including two called out of order, and heard extensive public testimony on a resolution urging the city to resolve a Clean Water Act lawsuit with the EPA.
Public Comments & Testimony
- Item 1 (Entertainment Zones): Yoya Murphy (Chase Center/Thrive City), Aaron Bilbo (Golden Voice/Warfield Theater), and Wes Wakeford (Red Tail Beer and Wine Bar) all expressed strong support for creating the two entertainment zones, citing economic revitalization and community benefits.
- Item 2 (Gas Infrastructure): Susan Green (District 8) and Nancy Haber (District 7) thanked the committee for bulletproofing the all-electric ordinance and urged continued progress on electrification.
- Item 5 (Public Art Requirement): Corey Smith (Housing Action Coalition) supported the fee elimination to reduce costs. Charlie Shawnless (Council of Community Housing Organizations) expressed concern about losing a vital source for community art, noting HCD provided no flexibility, and encouraged alternative funding streams.
- Item 4 (EPA Lawsuit): Over 20 speakers uniformly urged the committee to pass the resolution and drop the lawsuit. Speakers included Ariane Harrison, Tanya Randell, Bill Martin (Sierra Club), Scott Webb (Sierra Club/Resource Renewal Institute), Casey Chorrens, Mishualee, Geraldine Masson (Surfrider Foundation), Justin James, Ella Jackson, Benick Robertson, Kate Roberts, Mo Ball, Liz Stebbins, Christopher Bennham, Sarah Gao, Ben Eichenberg (San Francisco Baykeeper), Tim Eichenberg, Susan Green, Nancy Haber, Adelaide Esposito, Tiffany Pfeiffer, Mark McKee (Baykeeper), Carolyn Chang (Sierra Club), Jason Foster, Nina Atkind (Surfrider Foundation), Martha Krieger (Sierra Club), Sarah Greenwald, John Anderson, and others. They argued that the lawsuit risks weakening the Clean Water Act, threatens public health and the environment, and aligns San Francisco with polluters.
Discussion Items
- Item 1: Administrative Code – Entertainment Zones – Ben Van Houten (OEWD) presented the ordinance to create two zones (mid-market and arena). The committee heard public comment and voted unanimously to send it as a committee report to the full board.
- Item 2: Building Code – Gas Infrastructure for EPCA Appliances – Supervisor Mandelman and Cindy Cummerford (SF Environment) explained the amendment to comply with the Ninth Circuit ruling. The committee voted unanimously to recommend as a committee report.
- Item 3: Public Works Code – Fee Waiver for Vicha Ratanapakdee Mosaic Stairway – Mick Del Rosario (Supervisor Stephanie’s office) presented the ordinance to waive ~$7,800 in fees. Audrey Merloni (Planning) noted unanimous commission approval. The committee voted unanimously to amend and recommend as amended.
- Item 5 (called out of order): Planning Code – Eliminating Public Art Requirement for 100% Affordable Housing – Madison Tam (Supervisor Dorsey’s office) presented the required change to comply with HCD. Chair Melgar expressed regret but supported the action. The committee voted to adopt non-substantive amendments and send the ordinance to the full board without recommendation.
- Item 4: Resolution Urging Resolution of SFPUC/EPA Lawsuit – Chair Melgar introduced the resolution. Professor David Owen (UC Law SF) explained the risks of continuing the lawsuit, including potential harm to the Clean Water Act and California nuisance law. Deputy City Attorney Sarah Crowley confirmed mediation was attempted in 2021 but unsuccessful, and no mediation is currently scheduled. The committee discussed the city attorney’s public memo and the need for immediate mediation. Chair Melgar and President Peskin denounced recent political weaponization of the issue. Supervisor Preston called for urgent mediation. The committee voted unanimously to amend (adding states) and send as a committee report.
Key Outcomes
- Item 1 (Entertainment Zones): Motion to send as committee report passed 3-0 (Preston, Peskin, Melgar).
- Item 2 (Gas Infrastructure): Motion to send as committee report passed 3-0.
- Item 3 (Fee Waiver): Motion to amend and recommend as amended passed 3-0.
- Item 5 (Public Art Requirement): Motion to amend and send without recommendation passed 3-0.
- Item 4 (EPA Lawsuit): Motion to amend (add states) and send as committee report passed 3-0.
- All items are expected to appear on the Board of Supervisors agenda on October 22, 2024, except Item 1 and 2 which may appear on October 8, 2024.
- The committee urged the city attorney and SFPUC to immediately engage in mediation and drop the Supreme Court case.
Meeting Transcript
Good afternoon, everyone. This meeting will come to order. Welcome to the October 7th, 2024 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I am Supervisor Miranda Melgar, Chair of the Committee, joined by the Board of Supervisors President Aaron Paskin, and Vice Chair Dean Preston. Our committee clerk today is John Carroll, and I would also like to acknowledge and thank Jaime Echeverie at uh SFGov TV for staffing this meeting and broadcasting our meeting. Mr. Clerk, do you have any announcements? Yes, thank you, Madam Chair. Please ensure that you've silenced your cell phones and other electronic devices you may have brought with you into the chamber today. If you have any documents to include as part of any of today's files, you can submit them to me and I'll meet you up front at the rail so we can pass them over. Public comment will be taken on each item on today's agenda. When your item of interest comes up and public comment is called, please sign up to speak along that right hand side of the room that I'm pointing out right now with my left hand. Alternatively, you may submit your public comment in writing in either of the following ways. You may email your comments to me at J-O-H-N period C A R R O L L at SFGOV.org. Or you may send your written comments via U.S. Postal Service to our office in City Hall. The address is one Dr. Carlton B. Goodlit Place, Room 244, San Francisco, California 94102. If you submit public comment in writing, I will forward your comment to the members of this committee and also include your comments as part of the official file on which you are commenting. Items that are acted upon today are expected to appear on the Board of Supervisors agenda of October 22nd, 2024, unless otherwise stated. Thank you, Mr. Clerk. Just for the public attending today's meeting, I do intend to call item number five out of order after item number three. Uh, we'll get done quickly, I think, uh, and then go on to item number four last. Thank you. Um let's go to item number one, please. Agenda item number one is an ordinance amending the administrative code to establish two entertainment zones. The mid-market entertainment zone on Market Street between 5th and 6th streets, with eastern boundaries at Mason on the north side of Market and at 5th Street on the south side, and western boundaries at the intersection of Golden Gate Avenue and Taylor Street on the north side of Market and 6th Street on the South Side. And the arena entertainment zone, bounded by Warriors Away on the north, Terry A. Francois Boulevard on the east, 16th Street on the south, and 3rd Street on the west. The ordinance affirms the planning department's secret determination. And Madam Chair, I have a memo from your desk requesting that this be agendized as a committee report, and it may be sent to the board meeting tomorrow, October 8th, 2024. Great. Thank you, Mr. Clerk. And we have uh Ben Van Houten here from the Office of Economic and Workforce Development, the Night Life Initiatives Director, who's going to make a presentation. Thank you. Good afternoon, Chair Melgar, President Peskin, Vice Chair Preston, uh Ben Van Houten from the Office of Economic and Workforce Development here to present this ordinance, which would uh create two new entertainment zones. Um I have a short presentation that I'd like to walk through. Um I think a lot of this is really just background on what entertainment zones are, but I'm happy to move through this quickly uh since entertainment zones have already been discussed by the this committee and by the board previously, but um uh happy to also answer any questions. Um, entertainment zones are a new tool that are authorized by last year's SB 76 that allows the Board of Supervisors to designate areas for the uh outdoor consumption of alcoholic beverages served in uh open to go containers from restaurants and bars within the zone during special events permitted by the Department of Alcoholic Beverage Control. And um, we're really excited about these as a tool to help generate economic recovery and activate streets. Uh the first entertainment zone event Oktoberfest was very successful. It was really positive for the businesses for the neighborhood, and excited to uh continue that momentum with more entertainment zones. Um state law, only restaurants, bars, breweries, and wineries can participate in this program. Beverages have to be served in non-metal non-glass containers, and there has to be a process to identify uh patrons that are over 21, and open beverages cannot leave the zone or be brought inside uh businesses within the zone. And then finally, uh the creation of these entertainment zones through this ordinance would trigger a process then for our office, economic and workforce development to develop a management plan for each entertainment zone that could include additional operating requirements. Um the goal really there is to align the management plan with other required permits, whether that's street closures, public works permitting, the ABC event permit to ensure uh holistic, safe, and successful, successful management of the zone. This ordinance would uh create two new entertainment zones, a mid-market entertainment zone on the sidewalks on Market Street between 5th and 6th streets.
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