# Board of Supervisors Minutes: December 11, 2018

- Meeting date: 2018-12-11
- Document type: minutes
- Pages in official PDF: 41
- [Canonical HTML transcript](https://sfbos.info/documents/556/2018-12-11-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=656389&GUID=64882278-6AC7-4954-85F5-088236AA5629)

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

## Structured legislative records

### File 181095: Lease of City Property - Volunteers in Medicine - dba Clinic By the Bay - 35 Onondaga Avenue - $47,520 Per Year Rent

- Pages: 12-13
- Vote 1: adoption, likely final
  - Action: 181095 [Lease of City Property - Volunteers in Medicine - dba Clinic By the Bay - 35 Onondaga Avenue - $47,520 Per Year Rent] Sponsor: Safai Resolution authorizing the Director of Property to execute a commercial lease, between the City and County of San Francisco and Volunteers in Medicine dba Clinic By the Bay, for the City-owned property located at 35 Onondaga Avenue for $47,520 per year; authorizing the reimbursement of up to $410,000 for tenant improvements; for a term of ten years with two five-year options to extend, finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Real Estate Department) Resolution No. 431-18 ADOPTED by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

### File 181060: Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000

- Pages: 13
- Vote 1: amendment
  - Action: 181060 [Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $780,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by reducing the settlement amount from '$780,000' to '$760,000.' The motion carried by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
- Vote 2: first-reading
  - Action: Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $760,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

### File 181090: Resolution of Intention - SoMa West Community Benefit District

- Pages: 13-14
- Vote 1: adoption, likely final
  - Action: 181090 [Resolution of Intention - SoMa West Community Benefit District] Sponsor: Kim Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the “SoMa West Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on February 5, 2019, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as required by law. ADOPTED by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Stefani, Tang, Yee
  - Absent: Safai
- Vote 2: rescission
  - Action: Supervisor Safai, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
- Vote 3: adoption, likely final
  - Action: Resolution No. 421-18 ADOPTED by the following vote:
  - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

## Extracted text

### [Page 13](https://sfbos.info/documents/556/2018-12-11-minutes#page-13)

Board of Supervisors                              Meeting Minutes                                               12/11/2018




Recommendations of the Government Audit and Oversight Committee

181060 [Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000]
            Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against
            the Philadelphia Indemnity Insurance Company for $780,000; the lawsuit was filed on October 2,
            2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San
            Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over
            whether the City is covered under the terms of a commercial liability insurance policy. (City
            Attorney)
            Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE, by reducing the settlement amount from
            '$780,000' to '$760,000.' The motion carried by the following vote:
                Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
            Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against
            the Philadelphia Indemnity Insurance Company for $760,000; the lawsuit was filed on October 2,
            2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San
            Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over
            whether the City is covered under the terms of a commercial liability insurance policy. (City
            Attorney)
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee


            Supervisor Safai was noted absent at 3:08 p.m.

            President Cohen requested File Nos. 181090 and 181091 be called together.


181090 [Resolution of Intention - SoMa West Community Benefit District]
            Sponsor: Kim
            Resolution declaring the intention of the Board of Supervisors to establish a property-based
            business improvement district known as the “SoMa West Community Benefit District” and levy a
            multi-year assessment on all parcels in the district; approving the management district plan and
            engineer’s report and proposed boundaries map for the district; ordering and setting a time and
            place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on
            February 5, 2019, at 3:00 p.m.; approving the form of the Notice of Public Hearing and
            Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and
            directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as
            required by law.
            ADOPTED by the following vote:
              Ayes: 10 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Stefani, Tang, Yee
              Absent: 1 - Safai

            Supervisor Safai, seconded by Supervisor Ronen, moved to rescind the previous vote. The
            motion carried by the following vote:
              Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
            Resolution No. 421-18
            ADOPTED by the following vote:
                 Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee


City and County of San Francisco                         Page 952                              Printed at 3:58 pm on 1/18/19
