3829448 - Settlement of Lawsuit - Small Property Owners of San Francisco Institute - $110,000 - Leg Ver1

FILE NO.  190002 ORDINANCE NO. City Attorney BOARD OF SUPERVISORS Page 1 [Settlement of Lawsuit - Small Property Owners of San Francisco Institute - $110,000] Ordinance authorizing settlement of the lawsuit filed by Small Property Owners of San Francisco Institute against the City and County of San Francisco for $110,000; the lawsuit was filed on January 28, 2014, in San Francisco Superior Court, Case No. CPF-
-513453; entitled Small Property Owners of San Francisco Institute v. City and County of San Francisco, et al.; the lawsuit involves a claim for attorney’s fees and costs following Petitioner’s challenge to Ordinance No. 286-13 on the grounds, in part, that section 181(c)(3) is preempted by the state Ellis Act. Be it ordained by the People of the City and County of San Francisco:
Section 1.  Pursuant to Charter Section 6.102(5), the Board of Supervisors hereby authorizes the City Attorney to settle the action entitled Small Property Owners of San Francisco Institute v. City and County of San Francisco, et al., San Francisco Superior Court, Case No. CPF-14-513453 by the payment of $110,000.  The lawsuit involves a claim for attorney’s fees and costs following Petitioner’s challenge to Ordinance No. 286-13 on the grounds, in part, that section 181(c)(3) is preempted by the state Ellis Act. Section 2.  The above-named action was filed in San Francisco Superior Court on January 28, 2014, and the following parties were named in the lawsuit:  Petitioner Small Property Owners of San Francisco Institute and Respondents City and County of San Francisco, Board of Supervisors of the City and County of San Francisco, San Francisco Planning Commission, and San Francisco Planning Department. / / /
/ / /
/ / /
City Attorney BOARD OF SUPERVISORS Page 2 APPROVED AS TO FORM AND RECOMMENDED: DENNIS J. HERRERA City Attorney KATE STACY Deputy City Attorney RECOMMENDED: SAN FRANCISCO PLANNING DEPARTMENT JOHN RAHAIM Director of Planning FUNDS AVAILABLE: BEN ROSENFIELD Controller n:\land\li2018\140850\01316061.docx