3829448 - Settlement of Lawsuit - Small Property Owners of San Francisco Institute - $110,000 - Comm Pkt 020719

File No. 190002 Committee Item No. 7 Board Item No. COMMITTEE/BOARD OF SUPERVISORS AGENDA PACKET CONTENTS LIST Committee: Government Audit and Oversight Date: February 7, 2019 Board of Supervisors Meeting: Date: Cmte Board Motion Resolution Ordinance Legislative Digest Budget and Legislative Analyst Report Youth Commission Report Introduction Form Department/Agency Cover Letter and/or Report MOU Grant Information Form Grant Budget Subcontract Budget Contract/Agreement Form 126 – Ethics Commission Award Letter Application Public Correspondence OTHER Prepared by: John Carroll Date: February 1, 2019 Prepared by: Date:
FILE NO. 190002 ORDINANCE NO.
[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-14-513453; 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. Ill Ill Ill City Attorney BOARD OF SUPERVISORS Page 1 APPROVED AS TO FORM AND RECOMMENDED:
DENNIS J. HERRERA City Attorne . j
-:;?Jj/j j irl!t~
KATE STACY /)
Deputy City Attorne F VAILABLE:
n:\Jand\li2018\`850\16061.docx City Attorney BOARD OF SUPERVISORS RECOMMENDED:
JOHN RAHAlfvJ Directo~ of Pla~ning I
Page2 LEGISLATION RECEIVED CHEt;KUST File Number (if applicable) __ ---------K.Legislation for Introduction (NEW)
[ ] Legislation Pending in Committee (AMENDED)
[ ] Legislation for Board Agenda (AMENDED)
~ .... i.-Legislative Clerk Ii>-l!JI>-..,._ Committee Clerk
..,._ ..,._ i.-Deputy Clerk Supervisor, Mayor, and Departmental Submittals Grant Ordinance
[ ] legislation: Original, 1 hard copy, and 1 electronic copy in Word format
[ ] Signature: Department Head, Mayor or the Mayor's designee, plus the Controller
[ l Supporting documents: 1 full set, and separate pdf copies of each in email
[ ] Cover letter (original) ·
[ ] Grant budget/application
[ ] Grant information form, including signed disability checklist
[ ] Letter of Intent or grant award letter from funding agency
[ ] Contract, Leases/Agreements (if applicable)
[ ] Ethics Form 126 (if applicable) in Word format
[ ] Other support documents as identifiedin the cover letter and legislation
[ ] E-Copy o1f legislation/supporting documents: Sent to BOS.legislation@sfgov.org Ordinance
#·legislation: Original, 1 hard copy, and 1 electronic copy in Word format
::;kt.Signature: City Attorney (For Settlement of Lawsuits -City Attorney, Department
· Head, Controller, Commission Secretary)
;kf. Supporting documents: 1 full set, and separate pdf copies of each in email
~over letter (original)
··~Settlement Report/Agreement (for settlements)
t;
[ ] Other support documents as identified in the cover letter and legislation E-Copy of legislation/supporting documents: Sent to BOS.legislation@sfgov.org Gr Resolution
[ ] legislation: Original, 1 hard copy, and 1 electronic copy in Word format
[ ] Signature: Department Head, Mayor or the Mayor's designee, plus the Controller
[ ] Supporting documents: 1 full set, and separate pdf copies of each in ema\1 ·
[ ] Cover letter (original) I
[ ] Grant budget/application
[ ] Grant information form, including signed disability checklist JI. ·
[ ] Letter of Intent or grant award letter from funding agency ;
[ ] Contract, Leases/Agreements (if applicable) '.
[ ] Ethics Form 126 (if applicable) in Word format . I
[ ] Other support documents as identified in the cover letter and legislation ·
[ ] E-Copy of legislation/supporting documents: Sent to 805.legislation@sfgov~rg Resolution
[ ] legislation:
[ ] Signature:
Original, 1 hard copy, and 1 electronic copy in Word format None (Note: Required for Settlement of Claims -City Attorney, Department Head, Controller, Commission Secretary)
[ ] Supporting documents: 1 full set, and separate pdf copies of each in email
[ ] Cover letter (original)
[ ] Settlement Report/Agreement (for settlements)
[ ] Other support documents as identified in the cover letter and legislation
[ ] E-Copy of legislation/supporting documents: Sent to BOS.Legislation@sfgov.org Departi1furt Clerk's Office/Forms/Legislation Received Checklist (1/2015) for more help go to: sfbos.org/about the board/general/legislative process handbook