# Board of Supervisors Minutes: November 24, 2009

- Meeting date: 2009-11-24
- Document type: minutes
- Source format: PDF
- Extracted pages: 18
- [Canonical HTML transcript](https://sfbos.info/documents/1960/2009-11-24-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m112409.pdf)

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

## Structured legislative records

### File 091279: Resolution to Acquire Real Property Interests by Eminent Domain-Water System Improvement Program-Funded Bay Division Pipeline Reliability Upgrade Tunnel

- Pages: 10-11
- Sponsors: Mayor
- Vote 1: adoption, likely final
  - Action: quire Real Property Interests by Eminent Domain-Water System Improvement Program-Funded Bay Division Pipeline Reliability Upgrade Tunnel] Sponsor: Mayor Resolution authorizing acquisition of subsurface tunnel easements in real property in Alameda County and San Mateo County, consisting of portions of Alameda County Assessor's Parcels 537-0551-028, 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel 537-0852-008 in the City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo County Transit District in the City of Menlo Park, located east of University Avenue between Assessor's Parcels 093 600-010 and 063-590-060, by eminent domain, for the public purpose of constructing the Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and adopting findings of consistency with the General Plan and under City Planning Code Section 101.1. ADOPTED
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091332: Public Hearing - Approving a Loan in an amount up to $171,000,000 from the U.S. Department of Transportation to the Transbay Joint Powers Authority

- Pages: 11

### File 091333: Approving a Loan in an amount up to $171,000,000 from the U.S. Department of Transportation to the Transbay Joint Powers Authority

- Pages: 11-12
- Sponsors: Daly
- Vote 1: adoption, likely final
  - Action: 091333 [Approving a Loan in an amount up to $171,000,000 from the U.S. Department of Transportation to the Transbay Joint Powers Authority] Sponsor: Daly Resolution approving a Loan in an amount up to $171,000,000 from the U.S. Department of Transportation to the Transbay Joint Powers Authority and making certain public benefit findings for the Transbay Transit Center program under California Government Code Section 6586.5. ADOPTED
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
  - Absent: Mar

### File 091076: Settlement of Lawsuit - Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco - $1,750,000

- Pages: 12
- Vote 1: first-reading
  - Action: 091076 [Settlement of Lawsuit - Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco - $1,750,000] Ordinance authorizing settlement of the lawsuit filed by Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco against the City and County of San Francisco for $1,750,000; the lawsuit was filed on January 16, 2009, in San Francisco Superior Court, Case No. 484-171; entitled Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091305: Accept and Expend Grant - Point Lobos Streetscape Improvements Project - $461,000

- Pages: 12-13
- Sponsors: Mar
- Vote 1: adoption, likely final
  - Action: 091305 [Accept and Expend Grant - Point Lobos Streetscape Improvements Project - $461,000] Sponsor: Mar Resolution authorizing the Department of Public Works to accept and expend a Federal grant in the amount of $408,123 and a State grant in the amount of $52,877 from the Metropolitan Transportation Commission for the Point Lobos Streetscape Improvements Project. ADOPTED
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

## Extracted text

### [Page 11](https://sfbos.info/documents/1960/2009-11-24-minutes#page-11)

Board of Supervisors Meeting Minutes - Draft Tuesday, November 24, 2009

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

091332 [Public Hearing - Approving a Loan in an amount up to $171,000,000 from the U.S.
 Department of Transportation to the Transbay Joint Powers Authority]
 Hearing of persons interested in or objecting to proposed Resolution approving a Loan in an
 amount up to $171,000,000 from the U.S. Department of Transportation to the Transbay Joint
 Powers Authority and Making Certain Public Benefit Findings for the Transbay Transit Center
 Program Under California Government Code Section 6586.5. (Clerk of the Board)
 The President inquired as to whether any member of the public wished to address the Board
 relating to approval of a loan in an amount up to $171,000,000 from the U.S. Department of
 Transportation to the Transbay Joint Powers Authority referenced in File No. 091333. Transbay
 Joint Powers Authority representative provided an overview. 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

091333 [Approving a Loan in an amount up to $171,000,000 from the U.S. Department of
 Transportation to the Transbay Joint Powers Authority]
 Sponsor: Daly
 Resolution approving a Loan in an amount up to $171,000,000 from the U.S. Department of
 Transportation to the Transbay Joint Powers Authority and making certain public benefit findings
 for the Transbay Transit Center program under California Government Code Section 6586.5.
 ADOPTED
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi
 Absent: 1 - Mar

City and County of San Francisco Page 10 Printed at 9:32 am on 11/30/09

### [Page 12](https://sfbos.info/documents/1960/2009-11-24-minutes#page-12)

Board of Supervisors Meeting Minutes - Draft Tuesday, November 24, 2009

SPECIAL ORDER 3:30 P.M - Recognition of Commendations

Privilege of the Floor
 MOTION
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Supervisor Mar introduced, welcomed, and presented Certificates of Honor to Andrea Carmen and
 Morning Star Gali of the International Indian Treaty Council in recognition of their accomplishments
 and continued community support.

 Supervisor Chu introduced, welcomed, and presented a Certificate of Honor to Carol Mo of the
 Beacon Center in recognition of her accomplishments and community support within the Sunset
 District.

 Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Juanito Reyes
 in recognition of his community service to the Guatemalan American community in San Francisco
 and his continued efforts to preserve Guatemalan culture and arts.

 Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to Captain
 Michael J. Flynn in recognition of his accomplishments in the Marine Corps and his continued
 support to our Nation.

COMMITTEE REPORTS

091076 [Settlement of Lawsuit - Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth
 Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B.
 Tiongco, Jr., and Wilfredo B. Tiongco - $1,750,000]
 Ordinance authorizing settlement of the lawsuit filed by Segundo Malvar Tiongco, Maretes B.
 Peralta, Elizabeth Sarmiento, Arnulfo Tiongco, Edwina Tiongco, Nick B. Tiongco, Segundo B.
 Tiongco, Jr., and Wilfredo B. Tiongco against the City and County of San Francisco for $1,750,000;
 the lawsuit was filed on January 16, 2009, in San Francisco Superior Court, Case No. 484-171;
 entitled Segundo Malvar Tiongco, Maretes B. Peralta, Elizabeth Sarmiento, Arnulfo Tiongco,
 Edwina Tiongco, Nick B. Tiongco, Segundo B. Tiongco, Jr., and Wilfredo B. Tiongco, et al. v. City
 and County of San Francisco, et al. (City Attorney)
 PASSED, ON FIRST READING
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091305 [Accept and Expend Grant - Point Lobos Streetscape Improvements Project -
 $461,000]
 Sponsor: Mar
 Resolution authorizing the Department of Public Works to accept and expend a Federal grant in
 the amount of $408,123 and a State grant in the amount of $52,877 from the Metropolitan
 Transportation Commission for the Point Lobos Streetscape Improvements Project.
 ADOPTED
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

City and County of San Francisco Page 11 Printed at 9:32 am on 11/30/09
