# Board of Supervisors Minutes: May 7, 2013 - Meeting date: 2013-05-07 - Document type: minutes - Source format: PDF - Extracted pages: 22 - [Canonical HTML transcript](https://sfbos.info/documents/108/2013-05-07-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=240101&GUID=8CBBDA83-5992-42CA-8D40-60CA98C47B0D) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 130313: Settlement of Lawsuit - Carlos Benavides Arroliga v. CCSF, et al. - $250,000 - Pages: 3-4 ### File 130314: Settlement of Lawsuit - Lloyds and Zurich North America v. CCSF - $80,000 - Pages: 4 ### File 130312: Settlement of Claim - Kerry MacRae - $275,000 - Pages: 4 ### File 121102: Appointments, In-Home Supportive Services Public Authority - Patricia Webb, Kelly Dearman, and Tatiana Kostanian - Pages: 4 - Vote 1: approval, likely final - Action: 121102 [Appointments, In-Home Supportive Services Public Authority - Patricia Webb, Kelly Dearman, and Tatiana Kostanian] Motion appointing Patricia Webb, Kelly Dearman, and Tatiana Kostanian, terms ending March 1, 2016, to the In-Home Supportive Services Public Authority. (Clerk of the Board) Motion No. M13-060 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 130315: Settlement of Lawsuit - CTIA - The Wireless Association - Pages: 4-5 - Vote 1: first-reading - Action: 130315 [Settlement of Lawsuit - CTIA - The Wireless Association] Ordinance authorizing settlement of a lawsuit filed by CTIA against the City and County of San Francisco; the lawsuit was filed on July 23, 2010, in United States District Court, Northern District of California, Case No. 3:10-cv-03224 (WHA); entitled CTIA - The Wireless Association v. City and County of San Francisco; the material terms of said settlement are that: CTIA and the City will enter into a stipulated Final Judgment for the CTIA, including declaratory relief and a permanent injunction against enforcement of the Cell Phone Right-to-Know Law; the City will cease all litigation over the Cell Phone Right-to-Know Law; and, CTIA will waive its claims for attorney’s fees. (City Attorney's Office) PASSED ON FIRST READING by the following vote: play video - Ayes: Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Noes: Avalos ### File 130179: Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000 - Pages: 5 - Sponsors: Cohen - Vote 1: final-passage, likely final - Action: 130179 [Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000] Sponsor: Cohen Ordinance waiving the as-needed contract modification not to exceed amount requirement under Administrative Code, Section 6.64, and authorizing the Director of Public Works to amend its as-needed Architectural Services Agreement with Tom Eliot Fisch/Knapp Architects, JV by increasing the not to exceed amount by $150,000 from $1,125,000 to $1,275,000 for the limited purpose of completing the design and engineering for the Bayview Opera House project for the period of September 2, 2010, through September 1, 2015. Ordinance No. 085-13 FINALLY PASSED by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 130284: Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2013 - Pages: 5-6 - Sponsors: Tang - Vote 1: first-reading - Action: 130284 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2013] Sponsor: Tang Ordinance recognizing Small Business Month in May 2013; amending the Planning Code and the Building Code to retroactively waive fees for the month of May for certain façade improvements; and making findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote: play video - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ## Extracted text ### [Page 4](https://sfbos.info/documents/108/2013-05-07-minutes#page-4) Board of Supervisors Meeting Minutes 5/7/2013 130314 [Settlement of Lawsuit - Lloyds and Zurich North America v. CCSF - $80,000] Ordinance authorizing settlement of the lawsuit by Zurich American Insurance Company, against the City and County of San Francisco for $80,000; the lawsuit was filed on January 17, 2013, in San Francisco Superior Court, Case No. CGC-13-528071; entitled Zurich American Insurance Company v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING 130312 [Settlement of Claim - Kerry MacRae - $275,000] Resolution approving the settlement of the unlitigated claim filed by Kerry MacRae against the City and County of San Francisco for $275,000; claim was filed on April 27, 2012. (Public Works Department) Resolution No. 134-13 ADOPTED 121102 [Appointments, In-Home Supportive Services Public Authority - Patricia Webb, Kelly Dearman, and Tatiana Kostanian] Motion appointing Patricia Webb, Kelly Dearman, and Tatiana Kostanian, terms ending March 1, 2016, to the In-Home Supportive Services Public Authority. (Clerk of the Board) Motion No. M13-060 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Severed from the Consent Agenda Supervisor Avalos requested that File No. 130315 be severed so that it may be considered separately. 130315 [Settlement of Lawsuit - CTIA - The Wireless Association] Ordinance authorizing settlement of a lawsuit filed by CTIA against the City and County of San Francisco; the lawsuit was filed on July 23, 2010, in United States District Court, Northern District of California, Case No. 3:10-cv-03224 (WHA); entitled CTIA - The Wireless Association v. City and County of San Francisco; the material terms of said settlement are that: CTIA and the City will enter into a stipulated Final Judgment for the CTIA, including declaratory relief and a permanent injunction against enforcement of the Cell Phone Right-to-Know Law; the City will cease all litigation over the Cell Phone Right-to-Know Law; and, CTIA will waive its claims for attorney’s fees. (City Attorney's Office) PASSED ON FIRST READING by the following vote: play video Ayes: 10 - Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Noes: 1 - Avalos City and County of San Francisco Page 265 Printed at 1:30 pm on 6/13/13 ### [Page 5](https://sfbos.info/documents/108/2013-05-07-minutes#page-5) Board of Supervisors Meeting Minutes 5/7/2013 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee 130179 [Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000] Sponsor: Cohen Ordinance waiving the as-needed contract modification not to exceed amount requirement under Administrative Code, Section 6.64, and authorizing the Director of Public Works to amend its as-needed Architectural Services Agreement with Tom Eliot Fisch/Knapp Architects, JV by increasing the not to exceed amount by $150,000 from $1,125,000 to $1,275,000 for the limited purpose of completing the design and engineering for the Bayview Opera House project for the period of September 2, 2010, through September 1, 2015. Ordinance No. 085-13 FINALLY PASSED by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Committee 130284 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2013] Sponsor: Tang Ordinance recognizing Small Business Month in May 2013; amending the Planning Code and the Building Code to retroactively waive fees for the month of May for certain façade improvements; and making findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote: play video Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 266 Printed at 1:30 pm on 6/13/13