Board continues India Basin EIR appeal to Oct. 16 after weeks of testimony on air quality and contamination

The San Francisco Board of Supervisors voted on Oct. 2 to continue its appeal hearing on the India Basin Final Environmental Impact Report (EIR) to Oct. 16, saying it will reopen public comment limited to air‑quality mitigation measures the Bay Area Air Quality Management District (BAAQMD) suggested days before the hearing.

The appeal was filed by Archimedes Bania (the operator of a communal bath at 748 Innis Avenue) and Greenaction for Health and Environmental Justice. Appellants argued the EIR did not adequately account for an existing business at 748 Innis, possible contaminated fill on the site and language‑access failures in the project's public notices. Planning staff said the EIR includes environmental testing and mitigation measures and that recently proposed clarifications to air‑quality mitigation do not change the EIR's adequacy.

Why it matters: The 28‑acre India Basin project, led by private developer BUILD, proposes about 1,575 housing units, roughly 200,000 square feet of commercial space and a large new shoreline park. Backers say it will create jobs, housing and a publicly maintained park without public subsidy; opponents say the site’s industrial history and proximity to the Hunters Point Naval Shipyard require more testing and stricter mitigation to protect health in a neighborhood that has elevated respiratory and cancer rates.

Planning staff presentation and city response Michael Lee, the Planning Department’s EIR coordinator, told the board the department had evaluated the appeals and that the EIR is “adequate, accurate, and complete” under CEQA. He said the EIR documents on‑site testing and includes appendices with more than 4,000 pages of hazardous‑materials data, and that the EIR contains mitigation measures and a contingency plan to address unanticipated contaminants during construction.

“Planning department staff have evaluated the existing mitigation measures and determined that mitigation measures MAQ1A and MAQ1C could be amended to require use of renewable diesel, which would further reduce the project’s air‑quality impacts,” Michael Lee said, describing language the department circulated at the hearing.

Appellants’ concerns Archimedes Bania owner Mikhail Brodsky told the supervisors the project as proposed would “box in” his facility, eliminate sunlight and sever panoramic views that his customers value, and that changes to building heights in a narrow corridor would affect some three dozen units and the business’s rooftop amenity. He asked the board to require design changes to preserve sightlines and daylight.

Marie Harrison of Greenaction urged the board to rescind certification of the EIR. “The EIR concluded that the proposed project would generate emissions that could expose sensitive receptors to substantial pollutant concentrations and that the project’s air‑quality impacts would be significant and unavoidable even with mitigation,” Harrison said, pointing to the EIR’s own responses to comments. She and other appellants also argued that notices were not translated into Tagalog and other languages for a community with large limited‑English populations, limiting meaningful public participation.

Developer and community proponents Lou Vasquez, president of BUILD, said the project has been under development for years and includes about 25 percent subsidized housing, an 11‑acre shoreline park the developer will build and fund, and roughly $250 million in community benefits. He described the EIR as conservative in its assumptions and said BUILD proposes contingency plans, radiological screening and a health‑and‑safety officer to stop work if unexpected contaminants are found.

BAAQMD input and the timing issue Representatives from the Bay Area Air Quality Management District told the board they had recommended several additional and more stringent mitigation measures to reduce particulate matter exposure and diesel particulate emissions — including investigating tier‑4 engines for certain heavy equipment, using renewable or biodiesel fuels for non‑tier‑4 equipment, and exploring electrified loading docks and cleaner delivery vehicles. Planning staff and the air district discussed adding renewable diesel language to MAQ measures the morning of the hearing; the city provided the revised language to the board and public at the meeting.

Supervisor reactions and decision to continue the hearing Several supervisors, including Supervisor Aaron Peskin, described receiving the revised mitigation language for the first time in the hearing and expressed concern about public review. Supervisor Peskin called the late submission “tantamount to document dumping.” The deputy city attorney advised the board that the change to mitigation language did not alter the CEQA determination before the board and that the board could, at its discretion, continue the hearing to allow targeted public comment on the new mitigation language.

By roll call the board voted to continue the appeal hearing and to reopen public comment limited to air‑quality impacts and mitigation on Oct. 16, 2018. The motion to continue was made and the roll call returned 10 ayes (Supervisor Stephanie was excused for that vote). The board directed planning staff to work with BAAQMD and community groups in the coming two weeks and to make the revised mitigation language available for public review.

What’s next The board’s Oct. 16 session will be limited to additional public comment and discussion of air‑quality mitigation language and related measures recommended by BAAQMD and community groups; the board will then decide whether to affirm certification of the EIR. If the board affirms the EIR, later votes on related general plan and zoning approvals will follow as part of the project entitlements.

Speakers (first reference with role/title) - Michael Lee, Planning Department EIR coordinator (Planning Department) - Marie Harrison, representative, Greenaction for Health and Environmental Justice (advocacy group) - Mikhail Brodsky, owner/operator, Archimedes Bania (business owner) - Lou Vasquez, president, BUILD (project sponsor/developer) - Lisonbee Kirk, senior environmental planner, Bay Area Clean Air Foundation / BACMED (regional air quality stakeholder) - Lisa Gibson, environmental review officer (Planning Department) - Jessica Range, planning staff (Planning Department)

Authorities - statute: California Environmental Quality Act (CEQA), referenced_by:["india-basin-eir-appeal-continued"] - ordinance: Maher Ordinance (San Francisco hazardous materials process), referenced_by:["india-basin-eir-appeal-continued"]

Actions - {"kind":"other","identifiers":{"agenda_item_id":"34-37"},"motion":"Continue public hearing on India Basin EIR and reopen limited public comment to Oct. 16, 2018 for review of revised air‑quality mitigation measures","mover":"President Cohen","second":"Supervisor Peskin","vote_record":[{"member":"Supervisor Tang","vote":"yes"},{"member":"Supervisor Yi","vote":"yes"},{"member":"Supervisor Brown","vote":"yes"},{"member":"Supervisor Cohen","vote":"yes"},{"member":"Supervisor Feuer","vote":"yes"},{"member":"Supervisor Kim","vote":"yes"},{"member":"Supervisor Mandelman","vote":"yes"},{"member":"Supervisor Peskin","vote":"yes"},{"member":"Supervisor Ronan","vote":"yes"},{"member":"Supervisor Safaie","vote":"yes"}],"tally":{"yes":10,"no":0,"abstain":0},"outcome":"postponed","notes":"Hearing continued to 2018-10-16; public comment reopened limited to air-quality mitigation measures."}

Clarifying_details - {"category":"project_size","detail":"proposed approximately 1,575 housing units; approximately 200,000 sq ft commercial space; roughly 11-acre shoreline park","value":"1575","units":"units","approximate":true,"source_speaker":"Lou Vasquez"} - {"category":"affordable_share","detail":"Developer stated about 25% of units to be subsidized affordable housing","value":"25","units":"percent","approximate":true,"source_speaker":"Lou Vasquez"} - {"category":"air_quality_mitigation","detail":"BAAQMD recommended renewable diesel for non‑tier‑4 equipment, investigation of tier‑4 engines for pile drivers, electrified loading docks, and other measures","source_speaker":"Lisonbee Kirk"}

proper_names":[{"name":"Archimedes Bania","type":"business"},{"name":"Greenaction for Health and Environmental Justice","type":"organization"},{"name":"BUILD","type":"organization"},{"name":"Bay Area Air Quality Management District","type":"agency"},{"name":"India Basin","type":"location"}],

searchable_tags":["India Basin","EIR","CEQA","air quality","Bayview Hunters Point","BUILD","BAAQMD"],

salience":{"overall":0.95,"overall_justification":"Large development with major environmental and public‑health concerns, appeals by neighborhood groups, and significant community benefit claims; decision delayed to review new agency mitigation language.","impact_scope":"local","impact_scope_justification":"Project affects San Francisco’s Bayview Hunters Point neighborhoods and city policy on infill and shoreline reuse.","attention_level":"high","attention_level_justification":"Large public hearing, broad community activism, health and environmental agencies involved."},

engagement_forecast":{"newsworthiness":{"local":0.95,"justification":"High local policy stakes and sustained public interest"},"notify_recommendation":{"audience":"city","reason":"Local residents, community groups, environmental and public‑health stakeholders need notice of Oct. 16 hearing","justification":"Hearing continuation specifically limited to air‑quality mitigation language; community groups requested time to review."}},

provenance":[]},{"id":"prop10-resolution-25-amendments","headline":"Board endorses Proposition 10 repeal effort, removes language tying single‑family carve‑outs to resolution","shortSummary":"The Board of Supervisors adopted a nonbinding resolution supporting California Proposition 10 (the Affordable Housing Act) with two committee amendments that struck proposed language exempting single‑family homes from future local rent control and removed a clause limiting discussion of single‑family homes. The final vote was 9‑2 in favor of the amended resolution.","body":"The San Francisco Board of Supervisors on Oct. 2 adopted a nonbinding resolution expressing support for California Proposition 10, the ballot initiative to repeal the Costa‑Hawkins Rental Housing Act, while amending the draft resolution to remove committee language that would have foreclosed local discussion about single‑family homes.

Supervisor Aaron Peskin, the item’s sponsor, said the resolution repeats the Board’s long‑standing support for local authority to craft rent policy and recalled earlier state‑level efforts to repeal Costa‑Hawkins. Peskin moved amendments during floor debate to delete two lines that had affirmed single‑family homes should be exempt from rent control and to remove the words “and or single family homes” from a clause about applying rent control to new construction only after an economic analysis.

The board divided the amendment into two questions. The first amendment to remove the lines affirming an exemption for single‑family homes passed 8‑3 on a roll call. The second amendment to remove the phrase “and or single family homes” carried 6‑5. The full resolution, as twice amended, passed 9‑2 (Supervisor Tang and Supervisor Stephanie voting no).

Why it matters: Proposition 10 would grant cities and counties broader authority to adopt local rent control measures by repealing the Costa‑Hawkins Act, a state law that limits local rent regulation. San Francisco’s resolution is nonbinding but signals the board’s position ahead of the Nov. 6, 2018 statewide ballot.

Key debate points Sponsor’s rationale: Peskin said the resolution aligns with prior Board support for state legislative repeal efforts, including AB 1506, and represents local concern about runaway rents and displacement. He said the Board should be able to discuss options if statewide rules change.

Single‑family language: Several supervisors said they objected to tying the Board’s hands about future deliberations on single‑family homes. Supervisor Peskin argued that the clause affirming an exemption was unnecessary in a nonbinding resolution; other supervisors preferred to keep language that suggested single‑family homes should be exempt unless economic study suggested otherwise.

Votes and procedural details - First amendment (remove lines 11–12 affirming single‑family homes exemption): motioned by Supervisor Peskin; roll call result 8 ayes, 3 noes (Tang, Safaie, Stephanie dissent). - Second amendment (remove “and or single family homes” in line 13): motioned by Supervisor Peskin; vote 6 ayes, 5 noes. - Final vote on item 25 as twice amended: 9 ayes, 2 noes (Supervisor Tang and Supervisor Stephanie dissent).

Speakers of record (first reference with role/title) - Aaron Peskin, Supervisor, sponsor of resolution (Board of Supervisors) - David Chiu, Assemblymember (referenced in committee background) - Supervisor Gordon Mar, Supervisor (committee members referenced in earlier committee; named in background by Peskin) - Supervisor Matt Haney (committee discussion referenced)

Authorities - statute: Costa‑Hawkins Rental Housing Act, referenced_by:["prop10-resolution-25-amendments"] - event: California Proposition 10 (2018 ballot measure), referenced_by:["prop10-resolution-25-amendments"]

Actions - {"kind":"resolution","identifiers":{"agenda_item_id":"25"},"motion":"Adopt resolution supporting California Proposition 10 as amended to remove proposed exemption language for single‑family homes and to remove the clause 'and or single family homes'","mover":"Supervisor Peskin","second":"Supervisor Ronan","vote_record":[{"member":"Supervisor Tang","vote":"no"},{"member":"Supervisor Yi","vote":"yes"},{"member":"Supervisor Brown","vote":"yes"},{"member":"Supervisor Cohen","vote":"yes"},{"member":"Supervisor Feuer","vote":"yes"},{"member":"Supervisor Kim","vote":"yes"},{"member":"Supervisor Mandelman","vote":"yes"},{"member":"Supervisor Peskin","vote":"yes"},{"member":"Supervisor Ronan","vote":"yes"},{{"member":"Supervisor Safaie","vote":"yes"} ,{"member":"Supervisor Stephanie","vote":"no"}],"tally":{"yes":9,"no":2,"abstain":0},"outcome":"approved","notes":"Resolution is nonbinding; two amendments adopted prior to final passage."}

clarifying_details - {"category":"single_family_count","detail":"Number of single‑family homes mentioned for SF","value":"25000","units":"homes","approximate":true,"source_speaker":"Aaron Peskin"}

proper_names":[{"name":"Costa‑Hawkins Rental Housing Act","type":"statute"},{"name":"Assemblymember David Chiu","type":"person"}],

searchable_tags":["Prop 10","rent control","Costa‑Hawkins","housing","renters"],

salience":{"overall":0.82,"overall_justification":"Resolution expresses Board’s position on a high‑profile statewide housing ballot measure and includes amendments affecting local policy flexibility.","impact_scope":"local","impact_scope_justification":"Would affect San Francisco policy if Proposition 10 passes; nonbinding resolution nonetheless important for local politics."},

engagement_forecast":{"newsworthiness":{"local":0.8,"justification":"Housing and rent control are high‑salience local issues"}},

provenance":[]},{"id":"kaiser-outsourcing-resolution-tabled","headline":"Supervisors table Kaiser outsourcing resolution after assurances for San Francisco workers","shortSummary":"Supervisor Yee moved to table a resolution urging Kaiser Permanente to protect certain workers from outsourcing after Kaiser representatives and unions provided assurances about job protections for 15 local employees; the board tabled the item for follow‑up on gardeners and other employee categories.","body":"Supervisor Norman Yee introduced a resolution asking Kaiser Permanente to protect messenger drivers, parking attendants, licensed vocational nurses and department secretaries from outsourcing. During floor debate Yee said he met with Kaiser and learned the company proposed contracting out services for about 15 drivers and parking attendants. Kaiser told Yee the contractor it planned to use would be a union employer and that affected employees would be able to keep pay levels and have a year to find alternate positions with Kaiser.

Because outstanding concerns remained for other classifications — most notably landscape/gardening staff mentioned at committee — Supervisor Yee moved to table the resolution to allow follow‑up conversations with affected employees and unions. Supervisor Aaron Peskin seconded the motion, and the matter was tabled without objection.

Why it matters: The resolution would have been an expression of support by the Board urging a major employer to protect union and locally based jobs. Advocates and some supervisors said other job categories not spelled out in the resolution need discussion.

Speakers (first reference with role/title) - Supervisor Norman Yee, sponsor (Board of Supervisors) - Supervisor Aaron Peskin (Board of Supervisors) - Representative, Kaiser Permanente (company representative; name not specified in record)

Authorities - other: "collective bargaining / union representation" (referenced_by:["kaiser-outsourcing-resolution-tabled"])

Actions - {"kind":"other","identifiers":{"agenda_item_id":"12"},"motion":"Table resolution urging Kaiser Permanente to protect specified employees from outsourcing","mover":"Supervisor Yee","second":"Supervisor Peskin","vote_record":[],"tally":{"yes":null,"no":null},"outcome":"tabled","notes":"Item tabled to allow further outreach to gardeners and other employee categories; Kaiser provided letter and verbal assurances about handling of approximately 15 local positions."}

clarifying_details - {"category":"positions_affected","detail":"Approximately 15 employees (drivers and parking attendants) referenced by sponsor; union representation identified as SEIU and Teamsters for the contractor","source_speaker":"Supervisor Yee"}

proper_names":[{"name":"Kaiser Permanente","type":"organization"},{"name":"SEIU","type":"organization"},{"name":"Teamsters","type":"organization"}],

searchable_tags":["Kaiser","outsourcing","labor","SEIU","Teamsters"],

salience":{"overall":0.45,"overall_justification":"Local labor protections and outsourcing conversations affect neighborhood jobs but the item was tabled for follow‑up."},

provenance":[]},{"id":"minimum-compensation-ordinance-passed","headline":"Board finalizes ordinance raising minimum compensation for most city contract workers to $17 an hour","shortSummary":"An ordinance amending the administrative code to raise the minimum hourly compensation for employees of city contractors (excluding nonprofit corporations and public entities) to $17 an hour, with a provision for annual cost‑of‑living increases, was finally passed without objection.","body":"The Board of Supervisors voted to finally pass an ordinance amending the administrative code to increase the minimum hourly compensation rate for employees of city contractors other than nonprofit corporations or public entities to $17 per hour and to provide for annual cost‑of‑living increases.

The clerk’s item description also stated that the ordinance would adjust the minimum hourly rate for employees under contracts with nonprofit corporations and public entities to align with minimum wage and would require city contractors to pay the stated minimum for any work paid under an applicable city contract. The ordinance passed on the floor without recorded dissent.

Why it matters: The ordinance changes the baseline pay for a wide range of workers providing services to the city under private contract and will raise payroll costs borne by contractors. It is a locally enacted pay standard the city can require from its vendors.

Speakers (first reference with role/title) - Madam Clerk (Clerk’s reading of agenda item)

Authorities - other: "administrative code amendment" (referenced_by:["minimum-compensation-ordinance-passed"])

Actions - {"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"8"},"motion":"Finally pass ordinance amending administrative code to increase minimum hourly compensation for employees of city contractors (excluding nonprofit corporations and public entities) to $17/hour with annual cost‑of‑living increases","mover":"presiding officer","second":"not specified","vote_record":[],"tally":{"yes":11,"no":0},"outcome":"approved","notes":"Passed unanimously on final passage without objection."}

clarifying_details - {"category":"wage_rate","detail":"Minimum hourly compensation for employees of city contractors other than nonprofit corporations or public entities set to $17/hour with annual COLA adjustments","value":17,"units":"USD/hour","approximate":false,"source_speaker":"Madam Clerk"}

proper_names":[{"name":"City and County of San Francisco","type":"agency"}],

searchable_tags":["minimum wage","contractors","labor","administrative code"],

salience":{"overall":0.7,"overall_justification":"Changes baseline pay for a large group of city contract employees and may affect contractor budgets and city procurement."},

provenance":[]},{"id":"votes-at-a-glance-1002-2018","headline":"Votes at a glance: Board adopts series of leases, grants, contracts and program extensions","shortSummary":"On Oct. 2 the Board adopted multiple routine and higher‑profile items, including extending the film rebate program, approving airport and lease agreements, and adopting several health and human services contracts and grants. Most items were passed without debate under same‑house, same‑call procedures.","body":"Several items on the Oct. 2 agenda were adopted without extended debate under the Board’s same‑house, same‑call practice. Highlights include:

- Film rebate program (Item 13): The Board extended the sunset date for the San Francisco film rebate program through 2028 and increased the program cap for the film rebate account from $4,000,000 to $13,000,000. The ordinance passed on final reading. Sponsor: Supervisor Shelia S. - Airport lease (Item 14): The Board adopted a resolution approving a lease and use agreement for flight operations at SFO between Thomas Cook Airlines Limited and the city; the agreement term remains unchanged and expires 06/30/2021. - Grant for electric‑vehicle planning (Item 15): The Board retroactively authorized the Department of the Environment to accept and expend an approximate $199,000 grant from the California Energy Commission for an EV‑ready blueprint to accelerate vehicle electrification. - Lease amendment for Conservatory Theater Center (Item 16): The Board authorized a lease amendment to extend rentable space at 25 Van Ness Lower Level to the Conservatory Theater Center at a monthly base rent of approximately $8,000 through 09/30/2023. - Fuel agreement (Item 17): The Board retroactively approved a three‑year gasoline agreement with Western States Oil and SC Fuels, with options to extend and estimated value items disclosed in the staff report. - Public‑health contracts (Items 18–20): The Board adopted resolutions retroactively approving multi‑year behavioral health contracts with Baker Places, Seneca, and HealthRight 360, with aggregate dollar amounts presented in the staff materials. - District attorney grants and in‑kind donations (Items 21–23): The Board approved grant funding authorizations and in‑kind gifts for victim services, data analytics support, and a criminal record automation pilot. - Building code revision (Item 24): The Board passed an ordinance establishing a process for review by the Building Inspection Commission and Code Advisory Committee of legislation proposed by the Board and affirmed the CEQA determination. - Public art and women’s recognition (Item 26): The Board passed an ordinance on first reading directing the Arts Commission to erect a work of art depicting Maya Angelou at the main library, set a municipal goal for female representation in public art, and create a public‑private fund for memorializing women.

Most of these items were presented with staff summaries and forwarded with positive recommendations from committees; they were taken under same‑house, same‑call and adopted without recorded dissent.

Authorities - other: film rebate program administrative rules (referenced_by:["votes-at-a-glance-1002-2018"])

Actions (selection) - {"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"13"},"motion":"Adopt ordinance extending film rebate program through 2028 and increase program cap to $13,000,000","mover":"presiding officer","second":"not specified","vote_record":[],"tally":{"yes":11,"no":0},"outcome":"approved","notes":"Passed on board without objection."} - {"kind":"resolution","identifiers":{"agenda_item_id":"14"},"motion":"Approve lease and use agreement between Thomas Cook Airlines Limited and the city at SFO","mover":"presiding officer","second":"not specified","vote_record":[],"tally":{"yes":11,"no":0},"outcome":"approved"} - {"kind":"resolution","identifiers":{"agenda_item_id":"15"},"motion":"Retroactively authorize Department of the Environment to accept and expend approximately $199,000 grant from CA Energy Commission for EV‑ready blueprint","mover":"presiding officer","second":"not specified","vote_record":[],"tally":{"yes":11,"no":0},"outcome":"approved"}

proper_names":[{"name":"Thomas Cook Airlines Limited","type":"business"},{"name":"California Energy Commission","type":"agency"},{"name":"Western States Oil","type":"business"},{"name":"HealthRight 360","type":"organization"}],

searchable_tags":["film rebate","grants","leases","behavioral health","parks","public art"],

salience":{"overall":0.5,"overall_justification":"Routine adoption of multiple administrative, lease, grant and contract items; film rebate extension is the largest policy item in monetary terms."},

provenance":[]}],