# Board of Supervisors Minutes: August 10, 2010 - Meeting date: 2010-08-10 - Document type: minutes - Source format: PDF - Extracted pages: 28 - [Canonical HTML transcript](https://sfbos.info/documents/2019/2010-08-10-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m081010.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100957: Settlement of Lawsuit - Yanick Constant - $32,500 - Pages: 9-10 - Vote 1: first-reading - Action: 100957 [Settlement of Lawsuit - Yanick Constant - $32,500] Ordinance authorizing settlement of the lawsuit filed by Yanick Constant against the City and County of San Francisco for $32,500; the lawsuit was filed on April 21, 2008, in San Francisco Superior Court, Case No. 474485; entitled Yanick Constant v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100958: Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000 - Pages: 10 - Vote 1: first-reading - Action: 100958 [Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000] Ordinance authorizing settlement of the lawsuit filed by Icenogle IMR Joint Venture against the City and County of San Francisco for $1,330,000; the lawsuit was filed on September 24, 2007, in San Francisco County Superior Court, and subsequently transferred to Alameda County Superior Court, Case No. RG08391219; entitled Icenogle IMR Joint Venture v. City and County of San Francisco, et al.; other material terms of said settlement are: (1) mutual releases except for latent defects, (2) dismissal of all complaints and cross-complaints with prejudice, (3) each side to bear its own attorneys fees and costs, and (4) plaintiff to be responsible for resolving outstanding stop notices. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100960: Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000 - Pages: 10 - Vote 1: first-reading - Action: 100960 [Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Underground Construction Co., et al. by accepting the payment of $29,000 to the City and County of San Francisco; $23,200 from Underground Construction Co. and $5,800 from State Farm; the lawsuit was filed on February 24, 2009, in San Francisco Superior Court, Case No. CGC-09-485059; entitled City and County of San Francisco, et al., v. Underground Construction Co., et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100994: Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman - Pages: 10 - Vote 1: adoption, likely final - Action: 100994 [Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Resolution confirming the appointment of Cheryl Brinkman to the Municipal Transportation Agency Board of Directors, for the term ending March 1, 2014. (Mayor) Resolution No. 405-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100996: Reappointment, Board of Appeals - Michael Garcia - Pages: 10-11 - Vote 1: approval, likely final - Action: 100996 [Reappointment, Board of Appeals - Michael Garcia] Motion approving the Mayor’s reappointment of Michael Garcia to the Board of Appeals, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 7/13/10.) Motion No. M10-127 APPROVED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ## Extracted text ### [Page 10](https://sfbos.info/documents/2019/2010-08-10-minutes#page-10) Board of Supervisors Meeting Minutes - Final 8/10/2010 100958 [Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000] Ordinance authorizing settlement of the lawsuit filed by Icenogle IMR Joint Venture against the City and County of San Francisco for $1,330,000; the lawsuit was filed on September 24, 2007, in San Francisco County Superior Court, and subsequently transferred to Alameda County Superior Court, Case No. RG08391219; entitled Icenogle IMR Joint Venture v. City and County of San Francisco, et al.; other material terms of said settlement are: (1) mutual releases except for latent defects, (2) dismissal of all complaints and cross-complaints with prejudice, (3) each side to bear its own attorneys fees and costs, and (4) plaintiff to be responsible for resolving outstanding stop notices. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100960 [Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Underground Construction Co., et al. by accepting the payment of $29,000 to the City and County of San Francisco; $23,200 from Underground Construction Co. and $5,800 from State Farm; the lawsuit was filed on February 24, 2009, in San Francisco Superior Court, Case No. CGC-09-485059; entitled City and County of San Francisco, et al., v. Underground Construction Co., et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100994 [Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Resolution confirming the appointment of Cheryl Brinkman to the Municipal Transportation Agency Board of Directors, for the term ending March 1, 2014. (Mayor) Resolution No. 405-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100996 [Reappointment, Board of Appeals - Michael Garcia] Motion approving the Mayor’s reappointment of Michael Garcia to the Board of Appeals, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 7/13/10.) Motion No. M10-127 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 769 Printed at 5:07 pm on 9/14/10