# 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 100991: Resolution of Intention to Form the Ocean Avenue Community Benefits District

- Pages: 5-6
- Sponsors: Avalos; Elsbernd
- Vote 1: adoption, likely final
  - Action: 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
  - Excused: Mirkarimi

### File 101110: Accept and Expend Grant - Airport Commission - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500

- Pages: 6
- Sponsors: Mayor
- Vote 1: adoption, likely final
  - Action: 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
  - Excused: Mirkarimi

### File 101152: San Francisco International Airport Environment Review

- Pages: 6
- Sponsors: Mayor
- Vote 1: adoption, likely final
  - Action: 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
  - Excused: Mirkarimi

### File 101131: Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble"

- Pages: 6-7
- Sponsors: Mar
- Vote 1: amendment
  - Action: 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
  - Excused: Mirkarimi
- Vote 2: adoption, likely final
  - Action: ADOPTED AS AMENDED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell
  - Noes: Alioto-Pier, Elsbernd
  - Excused: Mirkarimi

### File 100757: Public Works Code - Minor Encroachment Fee Waiver for Affordable Housing Projects

- Pages: 7
- Sponsors: Daly
- Vote 1: first-reading
  - Action: 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
  - Excused: Mirkarimi

### File 100918: Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements

- Pages: 7
- Sponsors: Daly
- Vote 1: first-reading
  - Action: 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
  - Excused: Mirkarimi

### File 100755: Supporting Existing Area Plan Housing Requirements

- Pages: 7-8
- Sponsors: Chiu; Mirkarimi, Avalos and Campos
- Vote 1: adoption, likely final
  - Action: 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

## Extracted text

### [Page 6](https://sfbos.info/documents/2025/2010-09-28-minutes#page-6)

Board of Supervisors Meeting Minutes 9/28/2010

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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - 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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

Recommendation of the Government Audit and Oversight Committee

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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 ADOPTED AS AMENDED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell
 Noes: 2 - Alioto-Pier, Elsbernd
 Excused: 1 - Mirkarimi

City and County of San Francisco Page 846 Printed at 8:50 am on 11/4/10

### [Page 7](https://sfbos.info/documents/2025/2010-09-28-minutes#page-7)

Board of Supervisors Meeting Minutes 9/28/2010

Recommendations of the Land Use and Economic Development Committee

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

100918 [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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - 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: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
 Noes: 3 - Alioto-Pier, Chu, Elsbernd
 Excused: 1 - Mirkarimi

City and County of San Francisco Page 847 Printed at 8:50 am on 11/4/10