# Board of Supervisors Minutes: September 21, 2010

- Meeting date: 2010-09-21
- Document type: minutes
- Source format: PDF
- Extracted pages: 22
- [Canonical HTML transcript](https://sfbos.info/documents/2023/2010-09-21-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m092110.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 101107: Management Agreement for the Harding Park Golf Course

- Pages: 7-8
- Sponsors: Elsbernd
- Vote 1: adoption, likely final
  - Action: 101107 [Management Agreement for the Harding Park Golf Course] Sponsor: Elsbernd Resolution authorizing the Recreation and Park Department General Manager to enter into an agreement with Tournament Players Club of California, Inc., for management of clubhouse and golf operations at the Harding Park and Fleming Golf Courses, excluding course maintenance operations (Management Agreement), from October 1, 2010, to December 31, 2019, pursuant to San Francisco Charter Section 9.118, with the right to extend the term to coincide with any extension of the Master Tournament Agreement between the City and County of San Francisco and PGA Tour, Inc. (Fiscal Impact.) Resolution No. 435-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos

### File 100922: Authorizing the Department of Public Health to Enter Into Contracts for Out-of-County Behavioral Health Services in the Foster Care System

- Pages: 8
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 100922 [Authorizing the Department of Public Health to Enter Into Contracts for Out-of-County Behavioral Health Services in the Foster Care System] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code by amending Section 21.42 to authorize the Department of Public Health to contract for behavioral health services to children in the foster care system under the jurisdiction of the City and County of San Francisco and located outside of San Francisco, utilizing contracting language and forms mandated by the State of California under California Welfare and Institutions Code Section 5777.7. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos

### File 100851: Planning Code - Rehabilitation and Maintenance of Transfer Lots After Sale of Transferable Development Rights; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)

- Pages: 8-9
- Sponsors: Chiu; Maxwell
- Vote 1: amendment
  - Action: nia Street (Old St. Mary's Cathedral)] Sponsors: Chiu; Maxwell Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) See File No. 101200. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be DUPLICATED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos
- Vote 2: amendment
  - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos
- Vote 3: referral
  - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos

### File 101200: Planning Code - Preservation, Rehabilitation and Maintenance of Preservation Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)

- Pages: 9
- Vote 1: amendment
  - Action: and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. See File No. 100851. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos
- Vote 2: amendment
  - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos
- Vote 3: amendment
  - Action: Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on preservation and rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Campos

### File 101056: Banning the Sale of Tobacco Products in Pharmacies

- Pages: 9-10
- Sponsors: Mar; Dufty and Maxwell
- Vote 1: first-reading
  - Action: 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd
  - Excused: Campos

## Extracted text

### [Page 8](https://sfbos.info/documents/2023/2010-09-21-minutes#page-8)

Board of Supervisors Meeting Minutes 9/21/2010

Recommendation of the City Operations and Neighborhood Services Committee

100922 [Authorizing the Department of Public Health to Enter Into Contracts for
 Out-of-County Behavioral Health Services in the Foster Care System]
 Sponsor: Mayor
 Ordinance amending the San Francisco Administrative Code by amending Section 21.42 to
 authorize the Department of Public Health to contract for behavioral health services to children in
 the foster care system under the jurisdiction of the City and County of San Francisco and located
 outside of San Francisco, utilizing contracting language and forms mandated by the State of
 California under California Welfare and Institutions Code Section 5777.7.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos

Recommendations of the Land Use and Economic Development Committee

100851 [Planning Code - Rehabilitation and Maintenance of Transfer Lots After Sale of
 Transferable Development Rights; Zoning Map and General Plan Map Amendments
 - 680 California Street (Old St. Mary's Cathedral)]
 Sponsors: Chiu; Maxwell
 Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds
 from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and
 maintenance of the Transfer Lot property, to establish reporting procedures regarding the
 rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked
 building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San
 Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification
 of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from
 Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the
 Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings,
 including environmental findings and findings of consistency with the General Plan and the Priority
 Policies of Planning Code Section 101.1. (Planning Department)
 See File No. 101200.
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be DUPLICATED.
 The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to
 the Land Use and Economic Development Committee. The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos

City and County of San Francisco Page 827 Printed at 4:29 pm on 12/14/10

### [Page 9](https://sfbos.info/documents/2023/2010-09-21-minutes#page-9)

Board of Supervisors Meeting Minutes 9/21/2010

101200 [Planning Code - Preservation, Rehabilitation and Maintenance of Preservation
 Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old
 St. Mary's Cathedral)]
 Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds
 from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and
 maintenance of the Transfer Lot property, to establish reporting procedures regarding the
 rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked
 building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San
 Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification
 of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from
 Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the
 Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings,
 including environmental findings and findings of consistency with the General Plan and the Priority
 Policies of Planning Code Section 101.1.
 See File No. 100851.
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED.
 The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos
 Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds
 from the sale of Transferable Development Rights (TDR) be spent on preservation and
 rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the
 preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked
 building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San
 Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification
 of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from
 Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the
 Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings,
 including environmental findings and findings of consistency with the General Plan and the Priority
 Policies of Planning Code Section 101.1.
 Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to
 the Land Use and Economic Development Committee. The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Campos

101056 [Banning the Sale of Tobacco Products in Pharmacies]
 Sponsors: Mar; Dufty and Maxwell
 Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92,
 by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97,
 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98,
 respectively, all to eliminate the exemptions for general grocery stores and big box stores from the
 general ban on the sale of tobacco products in pharmacies.
 PASSED ON FIRST READING by the following vote:
 Ayes: 7 - Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd
 Excused: 1 - Campos

City and County of San Francisco Page 828 Printed at 4:29 pm on 12/14/10
