# Board of Supervisors Minutes: September 14, 2010 - Meeting date: 2010-09-14 - Document type: minutes - Source format: PDF - Extracted pages: 34 - [Canonical HTML transcript](https://sfbos.info/documents/2021/2010-09-14-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m091410.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 091408: Approving Settlement of Unlitigated Claim Against the City by Comcast - Pages: 9-10 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 091408 [Approving Settlement of Unlitigated Claim Against the City by Comcast] Sponsor: Mirkarimi Resolution approving settlement of an unlitigated claim made by Comcast Cable Communications, LLC, against the City and County of San Francisco. Resolution No. 433-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101027: Public Hearing - Appeal of Final Environmental Impact Report for 935-965 Market Street (aka CityPlace) - Pages: 10 ### File 101028: Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 10-11 - Vote 1: approval, likely final - Action: 101028 [Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Motion No. M10-133 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101029: Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 11 - Vote 1: tabling - Action: 101029 [Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101030: Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 11 - Vote 1: approval, likely final - Action: 101030 [Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101041: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard - Pages: 11-12 - Vote 1: continuance - Action: that a project located at 10 Bernal Heights Boulevard is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Sections 15301 Class (1), 15303 (Class 3), and 15311 (Class 11), to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park within an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Appellant: Erick Arguello on behalf of the Lower 24th Street Merchant Association.) (Filed August 2, 2010; Companion Measure to File Nos. 101042, 101043, 101044.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ## Extracted text ### [Page 10](https://sfbos.info/documents/2021/2010-09-14-minutes#page-10) Board of Supervisors Meeting Minutes 9/14/2010 SPECIAL ORDER 2:30 P.M. 101027 [Public Hearing - Appeal of Final Environmental Impact Report for 935-965 Market Street (aka CityPlace)] Hearing of persons interested in or objecting to the decision of the Planning Commission’s July 8, 2010, Certification of a Final Environmental Impact Report identified as Planning Case No. 2005.1074E, through its Motion No. 18135, for a proposed retail shopping center (aka CityPlace) to demolish three existing mixed-use commercial and office buildings and construct a new five-story, approximately 90-foot tall building, containing approximately 375,700 gross square feet and approximately 188 off-street parking spaces in a two-story underground garage, with three levels below grade, one for retail use and the other two for parking, at 935-965 Market Street, between Fifth and Sixth Streets within the C-3-G (Downtown General Commercial) and C-3-G (Downtown Retail) Zoning Districts and a 120-X Height and Bulk District, Lot Nos. 071, 072, and 073, in Assessor's Block No. 3704. (District 6) (Appellant: Arthur D. Levy on behalf of Livable City and Walk San Francisco.) (Filed July 28, 2010; Companion to File Nos. 101028, 101029, 101030.) The President inquired as to whether any member of the public wished to address the Board. Arthur Levy, Tom Radulovich, and Vernice Chancey (Appellants) provided an overview of the appeal and further requested the Board to approve the appeal. Andy Cohen; Mike Ellinger; Susan Chin; James Johnitis; Elizabeth Sams; Howard Wong; Walter Paulson; spoke in support of the appeal. There were no other speakers in support of the appeal. Debra Dwyer and Bill Wycko (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Tim Abrahms (Project Sponsor) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Reynold Briens; Dan Conrad; Tim Brown; Joe Coppel; Don Falk; Eileen Ward; Jesse Ochoa; Linda Mjellem; Greg Holland; Stan Herzstein; Art Evans; Joe Landini; David Addington; Male Speaker; Bob Meyers; Elvin Padilla; Jesus Villalobos; Male Speaker; Manny Flores; spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Arthur Levy (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. Supervisor Alioto-Pier was noted absent at 5:20 p.m. for the remainder of the meeting. Supervisor Elsbernd was noted absent at 6:20 p.m. for the remainder of the meeting. HEARD AT PUBLIC HEARING 101028 [Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Motion No. M10-133 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd City and County of San Francisco Page 796 Printed at 4:32 pm on 12/14/10 ### [Page 11](https://sfbos.info/documents/2021/2010-09-14-minutes#page-11) Board of Supervisors Meeting Minutes 9/14/2010 101029 [Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd 101030 [Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd Pursuant to the actions of File Nos. 101028 and 101029, this matter is TABLED BY OPERATION OF LAW. SPECIAL ORDER 2:30 P.M. 101041 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Determination of Exemption from Environmental Review identified as Planning Case No. 2010.0306C, by its Motion No. 18131, which included the exemption determination, that a project located at 10 Bernal Heights Boulevard is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Sections 15301 Class (1), 15303 (Class 3), and 15311 (Class 11), to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park within an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Appellant: Erick Arguello on behalf of the Lower 24th Street Merchant Association.) (Filed August 2, 2010; Companion Measure to File Nos. 101042, 101043, 101044.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 797 Printed at 4:32 pm on 12/14/10