# Board of Supervisors Minutes: July 19, 2016 - Meeting date: 2016-07-19 - Document type: minutes - Source format: PDF - Extracted pages: 46 - [Canonical HTML transcript](https://sfbos.info/documents/363/2016-07-19-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=499753&GUID=89E40960-50AB-407A-9170-A21956C2E116) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160809: Closed Session - Existing Litigation - David Zeller - July 19, 2016 - Pages: 38-39 - Vote 1: other - Action: 160809 [Closed Session - Existing Litigation - David Zeller - July 19, 2016] Closed Session for the Board of Supervisors to convene on July 19, 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. M16-095 (File No. 160804), Supervisor Cohen, seconded by Supervisor Yee, 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: Shortly after convening in closed session, President Breed reconvened in open session to take additional General Public Comment. Although it was not required, Supervisor Tang, 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 3: other - Action: convene in closed session pursuant to the passage of Motion No. M16-095 (File No. 160804). The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Persons in attendance: Jon Givner, Cheryl Adams, and Mark Lipton (Office of the City Attorney); and 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, no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 9:14 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 603 Printed at 10:04 am on 10/26/16 Board of Supervisors Meeting Minutes 7/19/2016 [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 Farrell, seconded by Supervisor Campos, 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: 39 - Vote 1: first-reading - 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) NOT PASSED ON FIRST READING by the following vote: - Ayes: Campos, Farrell, Kim, Wiener - Noes: Avalos, Breed, Cohen, Mar, Peskin, Tang, Yee - Vote 2: rescission - Action: Supervisor Kim, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: first-reading - Action: NOT PASSED ON FIRST READING by the following vote: - Ayes: Campos, Farrell, Wiener - Noes: Avalos, Breed, Cohen, Kim, Mar, Peskin, Tang, Yee ### File 160787: Final Map 8113 - 18-28 Clyde Street - Pages: 39 ### File 160801: Zoning - Report on Interim Prohibition on Commercial Mergers in the Proposed Calle 24 Special Use District - Pages: 39-40 - Sponsors: Mayor; Campos ## Extracted text ### [Page 39](https://sfbos.info/documents/363/2016-07-19-minutes#page-39) Board of Supervisors Meeting Minutes 7/19/2016 [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 Farrell, seconded by Supervisor Campos, 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) NOT PASSED ON FIRST READING by the following vote: Ayes: 4 - Campos, Farrell, Kim, Wiener Noes: 7 - Avalos, Breed, Cohen, Mar, Peskin, Tang, Yee Supervisor Kim, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee NOT PASSED ON FIRST READING by the following vote: Ayes: 3 - Campos, Farrell, Wiener Noes: 8 - Avalos, Breed, Cohen, Kim, Mar, Peskin, Tang, Yee FOR ADOPTION WITHOUT COMMITTEE REFERENCE 160787 [Final Map 8113 - 18-28 Clyde Street] Motion approving Final Map 8113, a six unit residential Condominium Project, located at 18-28 Clyde Street, being a subdivision of Assessor’s Parcel Block No. 3787, Lot No. 017, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-093 APPROVED 160801 [Zoning - Report on Interim Prohibition on Commercial Mergers in the Proposed Calle 24 Special Use District] Sponsors: Mayor; Campos Motion adopting the Planning Department’s report on the interim zoning prohibition on commercial storefront mergers of greater than 799 gross square feet in the proposed Calle 24 Special Use District, which generally includes all lots bounded by 22nd Street, Potrero Avenue, Cesar Chavez Street, Capp Street, and both sides of 24th Street from Capp Street to Bartlett Street, as well as certain additional adjacent lots. Motion No. M16-094 APPROVED City and County of San Francisco Page 604 Printed at 10:04 am on 10/26/16