# Board of Supervisors Minutes: May 23, 2017 - Meeting date: 2017-05-23 - Document type: minutes - Source format: PDF - Extracted pages: 26 - [Canonical HTML transcript](https://sfbos.info/documents/442/2017-05-23-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=549710&GUID=597CC94E-7FF7-43C2-926C-646EB25C432D) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 170614: Hearing - Committee of the Whole - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 9-10 ### File 170615: Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 10-11 - Vote 1: referral - Action: 170615 [Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Closed Session for the Board of Supervisors to convene on May 23, 2017, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement in that lawsuit (File No. 170507). (Clerk of the Board) Although it was not required due to the previous approval of Motion No. M17-082, public comment for this item was taken during the Committee of the Whole hearing, as referenced in File No. 170614. Although it was not required due to the previous approval of Motion No. M17-082, Supervisor Peskin, seconded by Supervisor Safai, moved to convene into Closed Session. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell - Vote 2: other - Action: ere noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee City and County of San Francisco Page 411 Printed at 10:04 am on 7/14/17 Board of Supervisors Meeting Minutes 5/23/2017 Persons in attendance: Jon Givner, Sara Eisenberg, Yvonne Mere, and Molly Alarcon (Office of the City Attorney); Kevin Guy, Director (Office of Short-Term Rental Administration and Enforcement); Ken Bukowski, Deputy City Administrator (Office of the City Administrator); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:35 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell ### File 170507: Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - City to Receive $80,000 plus $10,000 Annually - Pages: 11-12 - Vote 1: adoption, likely final - Action: ng settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement; the lawsuit was filed on June 27, 2016, in the United States District Court for the Northern District of California, Case No. 16-cv-03615; entitled Airbnb, Inc., et al. v. City and County of San Francisco; the lawsuit involves a challenge to Ordinance Nos. 104-16 and 178-16, which regulate hosting platforms that provide booking services for short-term residential rentals; material terms of the settlement include a framework for Airbnb and HomeAway to take reasonable care to verify that short-term rental listings are lawfully registered before offering booking services, Airbnb and HomeAway’s agreement to remove unregistered listings on their websites, Airbnb and HomeAway’s payment of $40,000 each to the City plus $5,000 each annually to establish an Application Program Interface, and the City’s agreement to toll statutes of limitation. (City Attorney) Resolution No. 208-17 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell ## Extracted text ### [Page 10](https://sfbos.info/documents/442/2017-05-23-minutes#page-10) Board of Supervisors Meeting Minutes 5/23/2017 Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 4:58 p.m. The President resumed the chair at 5:07 p.m. Committee of the Whole Adjourn and Report CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation Supervisor Farrell Excused from Participating and Voting Supervisor Farrell requested to be excused from participating and voting on File Nos. 170615 and 170507, due to a possible conflict of interest. Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Farrell be excused from participating and voting on File Nos. 170615 and 170507. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell 170615 [Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Closed Session for the Board of Supervisors to convene on May 23, 2017, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement in that lawsuit (File No. 170507). (Clerk of the Board) Although it was not required due to the previous approval of Motion No. M17-082, public comment for this item was taken during the Committee of the Whole hearing, as referenced in File No. 170614. Although it was not required due to the previous approval of Motion No. M17-082, Supervisor Peskin, seconded by Supervisor Safai, moved to convene into Closed Session. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell The Board recessed at the hour of 5:20 p.m. and prepared the Legislative Chamber to convene in closed session. CONVENED IN CLOSED SESSION The Board convened in closed session at the hour of 5:24 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee City and County of San Francisco Page 411 Printed at 10:04 am on 7/14/17 ### [Page 11](https://sfbos.info/documents/442/2017-05-23-minutes#page-11) Board of Supervisors Meeting Minutes 5/23/2017 Persons in attendance: Jon Givner, Sara Eisenberg, Yvonne Mere, and Molly Alarcon (Office of the City Attorney); Kevin Guy, Director (Office of Short-Term Rental Administration and Enforcement); Ken Bukowski, Deputy City Administrator (Office of the City Administrator); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:35 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell Called from the Government Audit and Oversight Committee 170507 [Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - City to Receive $80,000 plus $10,000 Annually] Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement; the lawsuit was filed on June 27, 2016, in the United States District Court for the Northern District of California, Case No. 16-cv-03615; entitled Airbnb, Inc., et al. v. City and County of San Francisco; the lawsuit involves a challenge to Ordinance Nos. 104-16 and 178-16, which regulate hosting platforms that provide booking services for short-term residential rentals; material terms of the settlement include a framework for Airbnb and HomeAway to take reasonable care to verify that short-term rental listings are lawfully registered before offering booking services, Airbnb and HomeAway’s agreement to remove unregistered listings on their websites, Airbnb and HomeAway’s payment of $40,000 each to the City plus $5,000 each annually to establish an Application Program Interface, and the City’s agreement to toll statutes of limitation. (City Attorney) Resolution No. 208-17 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell City and County of San Francisco Page 412 Printed at 10:04 am on 7/14/17