# 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 101051: Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center - Pages: 2-3 ### File 101140: Cigarette Litter Abatement Fee - Timing and Standards for Controller's Review and Adjustment - Pages: 3 - Sponsors: Mayor ### 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: 3 - Sponsors: Mayor ### File 101161: Construction Agreement for 1150 Ocean Avenue - Pages: 3-4 - Sponsors: Elsbernd - Vote 1: adoption, likely final - Action: 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 - Excused: Mirkarimi ### File 100865: Establishing an Alcohol Cost Recovery Fee - Pages: 4 - Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos ### File 101056: Banning the Sale of Tobacco Products in Pharmacies - Pages: 4-5 - Sponsors: Mar; Dufty and Maxwell - Vote 1: final-passage, likely final - 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. FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell - Noes: Alioto-Pier, Chu, Elsbernd - Excused: Mirkarimi ## Extracted text ### [Page 3](https://sfbos.info/documents/2025/2010-09-28-minutes#page-3) Board of Supervisors Meeting Minutes 9/28/2010 101140 [Cigarette Litter Abatement Fee - Timing and Standards for Controller's Review and Adjustment] Sponsor: Mayor Ordinance amending Section 105.3 of the San Francisco Administrative Code to change the timelines and standards under which the Controller is directed to review and adjust the Cigarette Litter Abatement Fee. FINALLY PASSED 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. FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 1 - Mirkarimi City and County of San Francisco Page 843 Printed at 8:50 am on 11/4/10 ### [Page 4](https://sfbos.info/documents/2025/2010-09-28-minutes#page-4) Board of Supervisors Meeting Minutes 9/28/2010 REGULAR AGENDA UNFINISHED BUSINESS Vetoed by the Mayor Supervisor Alioto-Pier Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, previously moved that Supervisor Alioto-Pier be excused from voting on File No. 100865 at the Regular Meeting of September 21, 2010. The motion carried by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Campos 100865 [Establishing an Alcohol Cost Recovery Fee] Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos Ordinance amending the San Francisco Administrative Code, Chapter 106, by adding Sections 106 through 106.28, to impose a fee on alcoholic beverage wholesalers and certain other persons who distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's alcohol-attributable unreimbursed health costs, and; 2) fund administration costs. Pursuant to the tabling of File No. 101209, communication by Angela Calvillo, Clerk of the Board, above, and Board Rule 4.19, this Ordinance is CONTINUED to October 5, 2010. No further action was taken. Recommendations of the Land Use and Economic Development Committee 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: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Mirkarimi City and County of San Francisco Page 844 Printed at 8:50 am on 11/4/10