3829448 - Settlement of Lawsuit - Small Property Owners of San Francisco Institute - $110,000 - Board Pkt 022619

File No. 190002 Committee Item No. _7~.------Board Item No. 3 ------0=-----COMMITTEE/BOARD OF SUPERVISORS AGENDA PACKET CONTENTS LIST Committee:  Government Audit and Oversight Board of Supervisors Meeting:  Date:
February
, 2019 Date:  February 26, 2019 Cmte Board D D Motion D 0 Resolution Ordinance Legislative Digest
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D D D D D D  D D D D D D D D D D D D D D D D Budget and Legislative Analyst Report Youth Commission Report Introduction Form Department/Agency Cover Letter and/or Report D D D D D D OTHER D MOU  -Grant Information Form Grant Budget Subcontract Budget Contract/Agreement Form 6-Ethics Commission Award Letter Application Public Correspondence Prepared by: John Carroll Prepared by: John Carroll Date:  February 1, 2019 Date: February 11, 2019 FILE NO. 190002 ORDINANCE NO.
[Settlement of Lawsuit-Small Property Owners of San Francisco Institute -.$11 0,000] 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
. Pursuant to Charter Section 6.1 02(5), the Board of Supervisurs 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
. 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. I I I I I I
· 25 I I I City Attorney BOARD OF SUPERVISORS Page 1 APPROVED AS TO FORM AND RECOMMENDED:
n:\Jand\li2018\`850\16061.docx City Attorney BOARD OF SUPERVISORS RECOMMENDED:
Page 21 Date j ~. /v LEqJSLATION RECEIVED CHEGKLIST Jd-/11 dr . . . . File Number (if applicable) ------------
~Legisiation for Introduction  (NEW)
[  ]  Legislation Pending in Committee (AMENDED)
[  ]  Legislation for Board Agenda
(AMENDED}
~ f;l>-!S>-Legislative Clerk
>-I!>~ Committee Clerk II>-Jl>-~-Deputy .Clerk Supervisor, Mayor, and Departmental Submittals·
Grant Ordinance . · . · · ·  · · . . ·  ·  · ·  ·  ·
[ l. Legislation:.  Orig[na( _1 hard copy, and.1 electronic copy in_Word format.
[  ]
Signature: .

• Department Head; Mayor· or the Mayor's designee, plus the Controller
[
]. Supporting do~uments: .. ·-~ 1 full set, and separate. pdf copie~ of each in email
· · [  ]  Cover letter (original)·  · ·  ·
[  ] Grant budget/application·.  : ·· .  .
[ 1· 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) ih Word format
. .  [  ] Other supportdocl!ments· as ide'ntified)n the .cover tetter and legislation
· [  ] E-Copyof Ieg.slation/sl1p.porting documents:

• . Sent to BOS.Legislation@sfgov.org Ordin.ance  · .  .  . .  .
':KJLegjslation: Original, 1 hard copy, and 1 eiectronic copy in Word format
..:;[~Signature:. City A.ttomey  (For Settlement of Lawsuits ~City Attorney, Department
' · .-' . Head;  Controller;  Commission Secretary). ·. . . ·
;I<f Supporting. Qocuments:  · ·· 1 full set, and· separate pdf copies of each in email
. f1)Cover letter  (original) · · ·  · .
. ..f"'l> Settlement Report/Agreement (for settlements)
E-Copy of legislationfsupporting documents: Sent to BOS.Legislation@sfgov.org
. t( ] Other support documents as identified in the cover Jetter and legislation ·
Gr nt Resolution· · · .
[  ]
Legislation: Original; 1 hard copy, and 1 electronic copy in Word format
[  ]
Signature: Department Head, Mayor or the Mayor's designee, plus the Contr9ller c.T)
[  ] Supporting documents: 1 full set, and separate pdf copies of each ih emaf ~ u' ~
[  ] Cover letter (original)·  · ·l -~-· >; ;
[  ] Grant budget/application J ~ ;:;:: : . :~~ [  ] Grant information form, including signed disability checklist ', -,
[  ] Letter of Intent or grant award letter from funding agency , ...o :· '-_ ~ .. _1
[  ] Contract, Leases/Agreements  (if applicable) --o : -,

• .
[  ]  Ethics Form 126 (if applicable)  in Word format  .  ::3::: ~ ~; <,:
[  ] Other support documents as identified in the cover Jetter and legislation 1 r;:-? : · ~:
[  ] E-Copy of legislation/supporting documents: Sent to BOS.Legislation@sf~ov~rg --Resolution
[  ] L.,egislation:
[  ] Signature:
~-~ a.~z ss-Y-A>o -?
Name nd Telephone Number
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Clerk's Office/Forms/Legislation Received Checklist (1/2015) for more help go to: sfbos.org/aboutthe boardlfJeneralnegislative process handbook