# 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 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

### File 101044: Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project

- Pages: 11-12
- Vote 1: continuance
  - Action: 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
  - 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 101045: Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard

- Pages: 12-13
- Vote 1: continuance
  - Action: 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
  - 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

## Extracted text

### [Page 11](https://sfbos.info/documents/2025/2010-09-28-minutes#page-11)

Board of Supervisors Meeting Minutes 9/28/2010

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: 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 851 Printed at 8:50 am on 11/4/10

### [Page 12](https://sfbos.info/documents/2025/2010-09-28-minutes#page-12)

Board of Supervisors Meeting Minutes 9/28/2010

SPECIAL ORDER 4:00 P.M.

101045 [Public Hearing - Conditional Use Appeal for 10 Bernal 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: 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 Hearing 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 852 Printed at 8:50 am on 11/4/10