3829448 - Settlement of Lawsuit - Small Property Owners of San Francisco Institute - $110,000 - Board Pkt 030519

File No. 190002 Committee Item No.  7 ~-----Board Item No. ---=.1~-----COMMITTEE/BOARD OF SUPERVISORS AGENDA PACKET CONTENTS LIST Committee: Government Audit and Oversight Board of Supervisors Meeting:  Date:
Februa~ J 2019 Date: :3/_ff _:J.1)/9 ' I Cmte Board Motion 0 Resolution
~ [2J D D D D n D D D  D D D D D D D D D D D D D D
.0 D D D D D OTHER D D D D D D D D D D 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 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 -.$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. .1 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 Nq. 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 FranGisco, 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:
DENNIS J. HERRERA City Attome
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Deputy City Attome F .V Al LAB LE: ·
Controller n:\land\li2018\`850\16061.docx .7 City Attorney BOARD OF SUPERVISORS RECOMMENDED:
P?HN RAHAltl1 . p1rector pf Plaining . .I ·~_,... ..... /
Page2 Date
. I I LEGISLATION RECEIVED CHECKLIST ih/Jtdf -.-. " FileNumber(ifapplic~ble) --··-·· .. ______ _
~Le_gisiation for Introduction  (NEW) !l>-~ ~ Legislative Clerk Ii>-I!>-~. Committee Clerk la---~~ Deputy .Clerk
[  ]
Legislation Pending iri Committee (AMENDED)
[  ] Legislation for Board Agenda (AMENDED}
Supervisor, Mayor, and Departmental Sobmittals ·
Grant Ordinance· .. .  .  . ..
[ l. Legislation:. Orig[nal, .1 hard copy, and 1 electronic. copy in_Word format
[  ] Signature::.. Departnient Head; Mayor· or the Mayor's designee, plu_s the Controller
~ l Supporting do~uments: .. -~ 1 full set, and separate pdfcopies, of each in email
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.] ·.Cover letter (original)·  · ·  ·
[  ] Grant budget/application'.  · ·· .  .
[  l Grant information form; including signed disability checklist
· [. ] Letter of Intent or grant award letter from funding agency
[  ]  Contract;
Leases/Agreements (ifapplicable) ·  ·
. [ ]: Ethics Form 126 (if applicable) ihWordformat
.  [  ] other supportd6cL1ments· as identified)n the  .cover letter and legislation
· [  ] E-Copy.of legislation/Slip.porting.documents: Sent to BOS.Legislation@sfgov.org Ordin.ance  ·
~Leg!slation: Original, 1 hard copy, and 1 eiectronic copy i_n Word format _;[~"Signature: City A,ttomey (F_or Settlement of Lawsuits .:. City Attorney;  Department
· > . Head; Controller;  Commission Secretary).  · . . . ·
;Ii<f' Supporting documents: ·  · 1 full set, and· separate pdf copies of each in email
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~over letter  (qriginal) · · . ·.
~Settlement Report/Agreement (for settlements)
·
E~Copy of legislation/supporting documents: Sent to BOS.Legislation@sfgov.org
. tr ] 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 Contr91ler rn
[  ] Supporting documents: 1 full set, and separate pdf copies of each in ema\f" §} u'~
[ ] Cover letter (original)· . · -~-· >; ·;
[  ]  Grant budget/application ~ ~~ . : ;_~~
[  ]  Grant infonnatiori form, including signed disability checklist -· , .
[  ]  Letter of Intent or grant award letter from funding agency ..n .. '. ~ :~.1
[  ] Contract, Leases/Agreements  (if applicable) ::2 ,_:: : "
[  ]  Ethics Fann 126 (if applicable)  in Word format "  -"

• [  ] Other support documents as identified in the cover letter and legislation r:? .
[  ] E-Copy of legislation/supporting documents: Sent to BOS.Legislation@s gov@"g  ·-· !  . Resolution
[  ]  L.,egislation:
[  ]
Signature:
Name lid Telephone Number Clerk's Office/Forms/Legislation Received Checklist (1/2015) for more help go to: sfbos.org/about the board/generalnegislative process handbook.