January 19, 2006 Special Meeting
Minutes of Special Meeting
Commission Chambers - Room 416
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 19, 2006
President: Sue Lee
Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes;
William L. Lee; Christina Olague
COMMISSIONERS PRESENT: Sue Lee; Michael Antonini; Kevin Hughes; William Lee
COMMISSIONERS ABSENT: Dwight Alexander; Shelley Bradford-Bell; Christina Olague
THE MEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 12:10 P.M.
STAFF IN ATTENDANCE: Dean Macris – Director of Planning; Larry Badiner – Zoning Administrator; Commission Secretary – Linda D. Avery
A. EXECUTIVE SESSION
[Closed Session - Existing Litigation, City as Respondent]
Motion that the Planning Commission assert the attorney-client privilege and convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding pending litigation in which, in sum, the applicant Van Ness Towers, LLC is suing the City in connection with conditions imposed in its conditional use permit for the property located at 724-730 Van Ness Avenue/650-660 Turk Street and the threat of continued litigation by the applicant stated in its letter to President Sue Lee of January 11, 2006.
Government Code Section 54956.9(a) and (b)(1) and San Francisco Administrative Code Section 67.10(d)(1) and (d)(2) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending litigation listed below.
Van Ness Towers, LLC et al. v. City and County of San Francisco, et al., San Francisco Superior Court No. 05-505611 (filed August 24, 2005)
At the conclusion of the closed session, and pursuant to Section 67.10(b) of the San Francisco Administrative Code, the Commission will reconvene in open session and shall by motion and vote elect to:
- Disclose no information, or
- Disclose information that a majority deems to be in the public interest.
ACTION: In public session (following the closed Executive Session) the Commission, by unanimous vote, passed a motion to not disclose any information
AYES: S. Lee, Antonini, Hughes, and W. Lee
ABSENT: Alexander, Bradford-Bell, and Olague
Adjournment: 12:59 p.m.
THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, July 12, 2007.
AYES: Alexander, Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya.
NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.