# Board of Supervisors Minutes: November 16, 2010

- Meeting date: 2010-11-16
- Document type: minutes
- Source format: PDF
- Extracted pages: 40
- [Canonical HTML transcript](https://sfbos.info/documents/2037/2010-11-16-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m111610.pdf)

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

## Structured legislative records

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

- Pages: 16-17
- Vote 1: tabling
  - 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 Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell
  - Noes: Daly, Mar, Mirkarimi

### File 101045: Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard

- Pages: 17

### File 101046: Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard

- Pages: 17-18
- Vote 1: tabling
  - Action: 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 Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
  - Absent: Mar

### File 101047: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard

- Pages: 18
- Vote 1: approval, likely final
  - Action: 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) Motion No. M10-171 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
  - Absent: Mar

### File 101048: Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard

- Pages: 18
- Vote 1: approval, likely final
  - Action: 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) Motion No. M10-172 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
  - Absent: Mar

### File 101405: Public Hearing - Take Public Input and Discuss the Process to Appoint a Successor Mayor

- Pages: 18-19
- Sponsors: Avalos; Campos and Daly

## Extracted text

### [Page 17](https://sfbos.info/documents/2037/2010-11-16-minutes#page-17)

Board of Supervisors Meeting Minutes 11/16/2010

SPECIAL ORDER 4:00 P.M.
 Supervisor Mar was noted absent at 5:54 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.)
 The President inquired as to whether any member of the public wished to address the Board. Gail
 Malinson (Appellant) provided an overview of the appeal, responded to questions raised throughout
 the discussion, and further requested the Board to approve the appeal. Male Speaker; Robin
 Mathey; Christine Olsen; Steven Krolik; Chris Houston; David Tornheim; Frank Gregory; Bill Neito;
 Eric Brooks; Male Speaker; spoke in support of the appeal. Tara Sullivan; Male Speaker (Planning
 Department) provided an overview of the decision of the Planning Department and responded to
 questions raised throughout the discussion. Bill Stevens and Paul Allred (Project Sponsors)
 provided an overview of the project, responded to questions raised throughout the discussion, and
 further requested the Board to uphold the decision of the Planning Commission. Gail Malinson
 (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were
 no other speakers. The President declared the public hearing closed.
 HEARD AT PUBLIC HEARING

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 Mirkarimi, moved that this Motion be TABLED. The
 motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
 Absent: 1 - Mar

City and County of San Francisco Page 1017 Printed at 4:30 pm on 12/14/10

### [Page 18](https://sfbos.info/documents/2037/2010-11-16-minutes#page-18)

Board of Supervisors Meeting Minutes 11/16/2010

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)
 Motion No. M10-171
 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The
 motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
 Absent: 1 - Mar

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)
 Motion No. M10-172
 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The
 motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
 Absent: 1 - Mar

SPECIAL ORDER 4:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole
 Public Hearing amended by approval of File No. 101404.

101405 [Public Hearing - Take Public Input and Discuss the Process to Appoint a
 Successor Mayor]
 Sponsors: Avalos; Campos and Daly
 Hearing to take public input and discuss the process by which the Board of Supervisors may
 exercise its exclusive jurisdiction under the Charter to appoint a successor Mayor for the City and
 County of San Francisco.
 The President inquired as to whether any member of the public wished to address the Board
 relating to File Nos. 101405 and 101406. David Day; Male Speaker; Gabriel Haaland; Jeff Henke;
 Male Speaker; Female Speaker; Pedro Gonzalez; Robby Reedmeyer; Gabby Soto; Male Speaker;
 spoke on concerns relating to the selection of a successor Mayor. There were no other speakers.
 The President declared public comment closed and adjourned as the Committee of the Whole,
 reconvening as the Board of Supervisors.
 HEARD AT PUBLIC HEARING

Committee of the Whole Adjourn and Report

City and County of San Francisco Page 1018 Printed at 4:30 pm on 12/14/10