# Board of Supervisors Minutes: September 28, 2010

- Meeting date: 2010-09-28
- Document type: minutes
- Source format: PDF
- Extracted pages: 28
- [Canonical HTML transcript](https://sfbos.info/documents/2025/2010-09-28-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m092810.pdf)

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

## Structured legislative records

### File 101041: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard

- Pages: 9-10
- Vote 1: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 2: rescission
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 3: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi

### File 101042: Affirming the Exemption Determination for 10 Bernal Heights Boulevard

- Pages: 10
- Vote 1: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 2: rescission
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 3: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi

### File 101043: Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard

- Pages: 10-11
- Vote 1: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 2: rescission
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi
- Vote 3: continuance
  - Action: 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
  - Absent: Avalos
  - Excused: Mirkarimi

## Extracted text

### [Page 10](https://sfbos.info/documents/2025/2010-09-28-minutes#page-10)

Board of Supervisors Meeting Minutes 9/28/2010

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: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

 Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The
 motion carried by the following vote:
 Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

 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: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

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: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

 Supervisor Dufty, seconded by Supervisor Campos, moved to rescind the previous vote. The
 motion carried by the following vote:
 Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

 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: 9 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 Absent: 1 - Avalos

City and County of San Francisco Page 850 Printed at 8:50 am on 11/4/10