# Board of Supervisors Minutes: July 12, 2016 - Meeting date: 2016-07-12 - Document type: minutes - Source format: PDF - Extracted pages: 38 - [Canonical HTML transcript](https://sfbos.info/documents/358/2016-07-12-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=499746&GUID=5431DFBE-8D3B-4F68-A39C-CD08CF395DCB) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160746: Closed Session - Existing Litigation - David Zeller - July 12, 2016 - Pages: 25-26 - Vote 1: other - Action: 160746 [Closed Session - Existing Litigation - David Zeller - July 12, 2016] Closed Session for the Board of Supervisors to convene on July 12, 2016, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the lawsuit filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. City of San Francisco, et al.; in which the City is a defendant. (Clerk of the Board) Although a motion was not required, since the Motion to Convene was already approved by Motion No. M16-090 (File No. 160745), Supervisor Campos, seconded by Supervisor Farrell, moved that the Board of Supervisors convene in closed session with the City Attorney. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: other - Action: convene in closed session pursuant to the passage of Motion No. M16-090 (File No. 160745). The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Persons in attendance: Jon Givner (Office of the City Attorney), Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session, the Clerk of the Board stated that no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 6:30 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee HEARD AND FILED City and County of San Francisco Page 549 Printed at 10:00 am on 10/26/16 Board of Supervisors Meeting Minutes 7/12/2016 [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Campos, seconded by Supervisor Farrell, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160187: Settlement of Lawsuit - David Zeller - $900,000 - Pages: 26 - Vote 1: continuance - Action: 160187 [Settlement of Lawsuit - David Zeller - $900,000] Ordinance authorizing settlement of the lawsuit filed by David Zeller against the City and County of San Francisco for $900,000; the lawsuit was filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. San Francisco General Hospital, et al.; the lawsuit involves alleged medical malpractice. (City Attorney) Supervisor Campos, seconded by Supervisor Wiener, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote: - Ayes: Avalos, Campos, Cohen, Farrell, Mar, Wiener - Noes: Breed, Kim, Peskin, Tang, Yee ### File 160757: Urging the Bay Area Air Quality Management District to Adopt a Refinery Emission Reduction Rule that Includes Enforceable Numeric Limits on Refinery-Wide Emissions of Greenhouse Gas and Particulate Matter Air Pollution - Pages: 26-27 - Sponsors: Avalos; Mar - Vote 1: adoption, likely final - Action: 160757 [Urging the Bay Area Air Quality Management District to Adopt a Refinery Emission Reduction Rule that Includes Enforceable Numeric Limits on Refinery-Wide Emissions of Greenhouse Gas and Particulate Matter Air Pollution] Sponsors: Avalos; Mar Resolution urging the Board of Directors of the Bay Area Air Quality Management District to adopt a version of Regulation 12, Rule 16, which includes all four proposed refinery emission reduction options, including the Community-Worker Alternative to adopt enforceable numeric emission limits to ensure the health and safety of both refinery workers and the greater community. Resolution No. 285-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ## Extracted text ### [Page 26](https://sfbos.info/documents/358/2016-07-12-minutes#page-26) Board of Supervisors Meeting Minutes 7/12/2016 [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Campos, seconded by Supervisor Farrell, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee From the Government Audit and Oversight Committee with a Recommendation of "Do Not Pass" 160187 [Settlement of Lawsuit - David Zeller - $900,000] Ordinance authorizing settlement of the lawsuit filed by David Zeller against the City and County of San Francisco for $900,000; the lawsuit was filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. San Francisco General Hospital, et al.; the lawsuit involves alleged medical malpractice. (City Attorney) Supervisor Campos, seconded by Supervisor Wiener, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Cohen, Farrell, Mar, Wiener Noes: 5 - Breed, Kim, Peskin, Tang, Yee FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Avalos requested File No. 160757 be severed so that it may be considered separately. 160757 [Urging the Bay Area Air Quality Management District to Adopt a Refinery Emission Reduction Rule that Includes Enforceable Numeric Limits on Refinery-Wide Emissions of Greenhouse Gas and Particulate Matter Air Pollution] Sponsors: Avalos; Mar Resolution urging the Board of Directors of the Bay Area Air Quality Management District to adopt a version of Regulation 12, Rule 16, which includes all four proposed refinery emission reduction options, including the Community-Worker Alternative to adopt enforceable numeric emission limits to ensure the health and safety of both refinery workers and the greater community. Resolution No. 285-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 550 Printed at 10:00 am on 10/26/16