# Board of Supervisors Minutes: May 10, 2016 - Meeting date: 2016-05-10 - Document type: minutes - Source format: PDF - Extracted pages: 33 - [Canonical HTML transcript](https://sfbos.info/documents/344/2016-05-10-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=498871&GUID=F1CC9ABA-BC91-4297-9D63-0E1BA20C54F5) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160244: Settlement of Lawsuit - Kai Yuan and Jian Ping Yuan - $175,000 - Pages: 10-11 - Vote 1: final-passage, likely final - Action: 160244 [Settlement of Lawsuit - Kai Yuan and Jian Ping Yuan - $175,000] Ordinance authorizing settlement of the lawsuit filed by Kai Yuan and Jian Ping Yuan against the City and County of San Francisco for $175,000; the lawsuit was filed on December 31, 2013, in San Francisco Superior Court, Case No. CGC-13-536533 (consolidated with CGC-14-536903); entitled Kai Yuan, et al. v. City and County of San Francisco, et al.; the lawsuit involves an alleged dangerous condition of public property causing death; other material terms of said settlement are that the Municipal Transportation Agency is to also pay $175,000, subject to approval by the Municipal Transportation Agency Board, and co-defendant Gina Eunice to pay $50,000 (insurance coverage limits). (City Attorney) Ordinance No. 082-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160306: Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000 - Pages: 11 - Vote 1: final-passage, likely final - Action: 160306 [Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000] Ordinance authorizing settlement of an unlitigated claim by the City and County of San Francisco against Asiana Airlines for a payment of $3,450,000 by Asiana Airlines to the City, appropriating funds from the settlement to the City Attorney’s Office to pay the City’s attorneys’ fees and legal expenses, and allocating funds from the settlement to the Airport to pay the Airport’s costs; other material terms of the settlement include payment by Asiana Airlines to the City’s aviation insurer, the City’s acceptance of the site cleanup performed by contractors to Asiana Airlines and approved by the San Francisco Bay Regional Water Quality Control Board, the City’s agreement not to originate a lawsuit against the aircraft manufacturer, and mutual release of claims arising out of the July 6, 2013 crash of Asiana Airlines Flight 214; the City made its claim on July 16, 2013. (City Attorney) Ordinance No. 083-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160307: Settlement of Lawsuit - Fernando Guanill - $150,000 - Pages: 11-12 - Vote 1: final-passage, likely final - Action: 160307 [Settlement of Lawsuit - Fernando Guanill - $150,000] Ordinance authorizing settlement of the lawsuit filed by Fernando Guanill against the City and County of San Francisco for $150,000; the lawsuit was filed on October 14, 2015, in the United States District Court for the Northern District of California, Case No. 15-cv-04745 LB; entitled Fernando Guanill v. Michael Robert Lewelling, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) Ordinance No. 084-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: other - Action: City and County of San Francisco Page 377 Printed at 11:21 am on 6/22/16 Board of Supervisors Meeting Minutes 5/10/2016 Appointment of President Pro Tempore At the request of President Breed, Supervisor Campos assumed the chair at 5:32 p.m. so the President could recuse herself from voting on File No. 160308. The President resumed the chair at 5:35 p.m. Supervisor Breed Excused from Voting Supervisor Breed requested to be excused from voting on File No. 160308, to avoid any appearance of impropriety even though she has been advised there is no conflict of interest. Supervisor Avalos, seconded by Supervisor Peskin, moved that Supervisor Breed be excused from voting on File No. 160308. The motion carried by the following vote: - Ayes: Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Breed ### File 160308: Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad Litem, Guillerma Bojorquez - $50,000 - Pages: 12 - Vote 1: final-passage, likely final - Action: 160308 [Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad Litem, Guillerma Bojorquez - $50,000] Ordinance authorizing settlement of the lawsuit filed by J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez, against the City and County of San Francisco for $50,000; the lawsuit was filed on August 28, 2014, in the United States District Court for the Northern District of California, Case No. 3: 14-cv-3918 NC; entitled J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez v. The City and County of San Francisco, et al. (City Attorney) Ordinance No. 085-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Breed ### File 160309: Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000 - Pages: 12-13 - Vote 1: final-passage, likely final - Action: 160309 [Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000] Ordinance authorizing settlement of the lawsuit filed by Fireman’s Fund Insurance Company against the City and County of San Francisco for $125,000; the lawsuit was filed on July 17, 2014, in San Francisco Superior Court, Case No. CGC-14-540616; entitled Fireman’s Fund Insurance Company vs. Alliance of Event Planners and Vendors, Inc., et al.; the lawsuit involves an insurance dispute. (City Attorney) Ordinance No. 086-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ## Extracted text ### [Page 11](https://sfbos.info/documents/344/2016-05-10-minutes#page-11) Board of Supervisors Meeting Minutes 5/10/2016 160306 [Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000] Ordinance authorizing settlement of an unlitigated claim by the City and County of San Francisco against Asiana Airlines for a payment of $3,450,000 by Asiana Airlines to the City, appropriating funds from the settlement to the City Attorney’s Office to pay the City’s attorneys’ fees and legal expenses, and allocating funds from the settlement to the Airport to pay the Airport’s costs; other material terms of the settlement include payment by Asiana Airlines to the City’s aviation insurer, the City’s acceptance of the site cleanup performed by contractors to Asiana Airlines and approved by the San Francisco Bay Regional Water Quality Control Board, the City’s agreement not to originate a lawsuit against the aircraft manufacturer, and mutual release of claims arising out of the July 6, 2013 crash of Asiana Airlines Flight 214; the City made its claim on July 16, 2013. (City Attorney) Ordinance No. 083-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160307 [Settlement of Lawsuit - Fernando Guanill - $150,000] Ordinance authorizing settlement of the lawsuit filed by Fernando Guanill against the City and County of San Francisco for $150,000; the lawsuit was filed on October 14, 2015, in the United States District Court for the Northern District of California, Case No. 15-cv-04745 LB; entitled Fernando Guanill v. Michael Robert Lewelling, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) Ordinance No. 084-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 377 Printed at 11:21 am on 6/22/16 ### [Page 12](https://sfbos.info/documents/344/2016-05-10-minutes#page-12) Board of Supervisors Meeting Minutes 5/10/2016 Appointment of President Pro Tempore At the request of President Breed, Supervisor Campos assumed the chair at 5:32 p.m. so the President could recuse herself from voting on File No. 160308. The President resumed the chair at 5:35 p.m. Supervisor Breed Excused from Voting Supervisor Breed requested to be excused from voting on File No. 160308, to avoid any appearance of impropriety even though she has been advised there is no conflict of interest. Supervisor Avalos, seconded by Supervisor Peskin, moved that Supervisor Breed be excused from voting on File No. 160308. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Breed 160308 [Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad Litem, Guillerma Bojorquez - $50,000] Ordinance authorizing settlement of the lawsuit filed by J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez, against the City and County of San Francisco for $50,000; the lawsuit was filed on August 28, 2014, in the United States District Court for the Northern District of California, Case No. 3: 14-cv-3918 NC; entitled J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez v. The City and County of San Francisco, et al. (City Attorney) Ordinance No. 085-16 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Breed 160309 [Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000] Ordinance authorizing settlement of the lawsuit filed by Fireman’s Fund Insurance Company against the City and County of San Francisco for $125,000; the lawsuit was filed on July 17, 2014, in San Francisco Superior Court, Case No. CGC-14-540616; entitled Fireman’s Fund Insurance Company vs. Alliance of Event Planners and Vendors, Inc., et al.; the lawsuit involves an insurance dispute. (City Attorney) Ordinance No. 086-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 378 Printed at 11:21 am on 6/22/16