Board of Supervisors Minutes: September 28, 2010

101161 [Construction Agreement for 1150 Ocean Avenue] Sponsor: Elsbernd Resolution approving an agreement and authorizing the Director of Planning to execute the agreement on behalf of the City and County of San Francisco in order to ensure the construction on-site of 26 inclusionary units in the mixed-use development proposed at 1150 Ocean Avenue (Lot No. 003 in Assessor’s Block No. 3180). ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

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. FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell

Noes: Alioto-Pier, Chu, Elsbernd

Excused: Mirkarimi

100832 [Contract with Institute on Aging for the Provision of Case Management, Community Living Fund and Linkages Program Services - Not to Exceed $16,144,866] Resolution retroactively approving the grant agreement between the City and County of San Francisco and the non-profit Institute on Aging to provide Case Management, Community Living Fund and Linkages Program services to seniors and adults with disabilities during the period of July 1, 2010, to June 30, 2014, for a total not to exceed amount of $16,144,866. (Human Services Department) (Fiscal Impact.) ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

100894 [Increasing Contract with Xtech to $41,000,000] Resolution authorizing the Office of Contract Administration to enter in the First Amendment between the City and Xtech (part of the Technology Store procurement vehicle), in which the amendment shall increase the contract amount from $24,000,000 to $41,000,000 and update certain standard contractual clauses. (Office of Contract Administration) (Fiscal Impact.) ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

100991 [Resolution of Intention to Form the Ocean Avenue Community Benefits District] Sponsors: Avalos; Elsbernd Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the “Ocean Avenue Community Benefits District,” and levy a multi-year assessment on identified parcels in the district; (2) approving the management district plan and engineer's report and proposed boundaries map for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Supervisor Elsbernd requested to be added as a co-sponsor. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101110 [Accept and Expend Grant - Airport Commission - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500] Sponsor: Mayor Resolution authorizing the Airport Commission to execute an Other Transaction Agreement with the Federal Aviation Administration (FAA) for the Replacement Airport Traffic Control Tower and FAA Offices in the amount not to exceed $79,982,500 and retroactively accept and expend federal funds. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101152 [San Francisco International Airport Environment Review] Sponsor: Mayor Resolution adopting California Environmental Quality Act findings related to the Courtyard 2 Air Traffic Control Tower Replacement Project and Integrated Facilities Project at San Francisco International Airport. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101131 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble"] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2009-2010 Civil Grand Jury Report entitled “Pension Tsunami: The Billion Dollar Bubble” and urging the Mayor to cause the implementation of accepted findings and recommendations through the department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Chu, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED on Page 8, Line 9, replacing 'finds that' with 'agrees with'; and Line 10, adding 'and acknowledges that it' before 'requires.' The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell

Noes: Alioto-Pier, Elsbernd

Excused: Mirkarimi

100757 [Public Works Code - Minor Encroachment Fee Waiver for Affordable Housing Projects] Sponsor: Daly Ordinance amending Public Works Code, Article 15, Section 723.2, to provide for a waiver of the annual public right-of-way occupancy fee for minor sidewalk encroachment permits necessary for the development of 100% affordable housing projects and adopting environmental findings. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

18 [Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements] Sponsor: Daly Ordinance accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay North - Blocks N3-N3A, including acquisition facilities on portions of King Street, Berry Street, Fourth Street, and Fifth Street; declaring such areas as shown on official Department of Public Works maps as open public right-of-way; designating such areas and improvements for street and roadway purposes; establishing street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; accepting a pedestrian access and utility easement relating to the project; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,752; and authorizing official acts in connection with this Ordinance. (Public Works Department) Supervisor Daly requested to be added as sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

100755 [Supporting Existing Area Plan Housing Requirements] Sponsors: Chiu; Mirkarimi, Avalos and Campos Resolution supporting existing area plan housing requirements. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell

Noes: Alioto-Pier, Chu, Elsbernd

Excused: Mirkarimi

erested 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.) Supervisor Campos, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

al Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Conditional Use Permit identified as Planning Case No. 2010.0306C, by its Motion No. 18131, under Planning Code Sections 209.6(b) and 303, 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 and to modify the Conditional Use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within the 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) (Filed by Erick Arguello on behalf of the Lower 24th Street Merchant Association, and subscribed by Supervisors Campos, Mar, Chiu, Chu, Mirkarimi, and Avalos.) (Filed August 2, 2010; Companion Measure to File Nos. 101046, 101047, 101048.) Supervisor Campos, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 19, 2010. There were no speakers. The President continued the public hearing open to October 19, 2010. Supervisor Campos, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 19, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

nal Environmental Impact Report identified as Planning Case No. 2006.1106E, through its Motion No. 18166, for a proposed office project located at 222-2nd Street with 430,650 gross square feet of office space, approximately 4,963 square feet of ground-floor retail space; and approximately 27,932 square feet of parking area located on two below ground parking levels, with approximately 54 parking spaces, with the capacity for 80 vehicles with valet parking within the C-3-O (SD) Downtown Office (Special Development) District and 350-S/150-S Height and Bulk Districts, Lot No. 063, in Assessor's Block No. 3735. (District 6) (Appellant: Sue C. Hestor, on behalf of 246-2nd Street Owners Association) (Filed September 1, 2010; Companion to File Nos. 101032, 101033, 101034.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to October 5, 2010, at 2:30 p.m. There were no speakers. The President continued the public hearing open to October 5, 2010, at 2:30 p.m. Supervisor Daly, seconded by Supervisor Dufty, moved that this Hearing be CONTINUED to October 5, 2010, at 2:30 p.m. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101032 [Affirming the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 5, 2010, at 2:30 p.m. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101033 [Reversing the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 5, 2010, at 2:30 p.m. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101034 [Preparation of Findings to Reverse Certification of the 222-2nd 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 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Dufty, moved that this Motion be CONTINUED to October 5, 2010, at 2:30 p.m. The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Absent: Avalos

Excused: Mirkarimi

101183 [Approving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber] Motion approving the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0677A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell

Noes: Daly

Excused: Mirkarimi

101184 [Disapproving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber] Motion disapproving the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0677A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell

Noes: Daly

Excused: Mirkarimi

ots 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) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101189 [Final Map 5679: 531 - 545 Octavia Street] Motion approving Final Map 5679, a five Lot Airspace Subdivision Project, located at 531 - 545 Octavia Street being a subdivision of Lot No. 001B in Assessors Block No. 0807 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) APPROVED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101209 [Directing the Clerk of the Board to Agendize Consideration to Override Alcohol Cost Recovery Fee Veto] Sponsor: Avalos Motion directing the Clerk of the Board to agendize consideration to override veto pursuant to Charter Section 2.016 of an ordinance which would establish an Alcohol Cost Recovery Fee (File No. 100865) at the Regular Meeting of September 28, 2010. The President inquired as to whether any member of the public wished to address the Board relating to File No. 101209. There were no speakers. The President declared public comment closed. Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

101181 [Committee of the Whole - September 28, 2010 - Hearing on the Historic Preservation Commission's Certificate of Appropriateness for Alterations to the Board of Supervisors' Legislative Chamber] Motion to sit as a Committee of the Whole for a hearing on the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0667A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place, to be held on September 28, 2010. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to File No. 101181. Female Speaker spoke expressing various concerns relating to the project. There were no other speakers. The President declared public comment closed. APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi

101245 [Commending Bob Hart] Sponsor: Daly Resolution commending Bob Hart, Executive Director of the General Assistance Advocacy Project (GAAP), for his advocacy and leadership on behalf of the poor and homeless in San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File No. 101245. There were no speakers. The President declared public comment closed. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Mirkarimi