San Francisco Planning Commission moves into closed session on two litigation matters, votes not to disclose

The San Francisco Planning Commission on a special hearing in February 2010 voted unanimously to enter closed session to consult with legal counsel about two anticipated litigation matters and later voted not to disclose the substance of those discussions.

The commission considered two items for closed session: (1) exposure to litigation related to "Palmer's Sixth Street Properties v. City of Los Angeles" (2009) and (2) whether to initiate litigation with respect to the Academy of Art University. Deputy City Attorney Kate Stacy and Deputy City Attorney Susan Cleveland Knowles were identified to address the commission on those matters.

Before the commission voted, the chair opened a public-comment period required by law. Francisco de Costa, a member of the public, told the commission that the Academy of Art University had "taken thousands of units" and "converted them into dormitories," and urged the city to establish a public online inventory of converted units and their locations. Espinosa Jackson said she had not received notice about the meeting and introduced Rosemary Camper, who identified herself as a leader with the Muwekma Ohlone, to raise concerns about environmental and cultural impacts.

Following public comment, a motion to close the public hearing and proceed to closed session was moved and seconded (transcript does not name the mover or seconder for that motion). The commission then conducted a roll-call vote; Commissioners recorded as voting "Aye" included Commissioner Mike Antonini, Commissioner Borden, Commissioner Catherine Moore, Commissioner Seguin, Commissioner Olaki, Commissioner Ron Miguel and Commissioner Bill Lee. The motion to enter closed session passed unanimously.

After the closed session, staff reported that the commission had met and that no action was taken on items 3 and 4 while in closed session. Commissioner Laguerre then moved that the commission not disclose any information from the closed session; the motion was seconded (second not identified in the transcript) and the motion passed in a unanimous roll-call vote.

The meeting record notes that planning staff will attend an upcoming land-use hearing about the Academy of Art University at the request of Supervisor Marr, but reiterated that "nothing that's happened in the closed session can or should be disclosed." The commission adjourned shortly afterward.

Votes and formal actions recorded in the public minutes matched the motions on the record: the commission voted to enter closed session and, following a report-back that no action had been taken, voted to withhold disclosure of the closed-session discussions. The transcript does not identify the mover or seconder for the motion to close the public hearing or the seconder for the nondisclosure motion.

The meeting included public statements urging the city to track residential-to-dormitory conversions and noting tribal concerns about environmental impacts; commissioners did not take public substantive action on those policy requests during the session. The next procedural step referenced in the meeting was an upcoming land-use hearing concerning the Academy of Art University.