# Board of Supervisors Minutes: November 29, 2016 - Meeting date: 2016-11-29 - Document type: minutes - Pages in official PDF: 32 - [Canonical HTML transcript](https://sfbos.info/documents/402/2016-11-29-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=517336&GUID=05000F66-D34E-4822-B041-5E6279DE7337) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 161142: Settlement of Lawsuit - Beresford Corporation, a California Corporation - $52,500 - Pages: 9-10 - Vote 1: first-reading - Action: 161142 [Settlement of Lawsuit - Beresford Corporation, a California Corporation - $52,500] Ordinance authorizing settlement of the lawsuit filed by Beresford Corporation, a California Corporation, against the City and County of San Francisco for $52,500; the lawsuit was filed on October 30, 2014, in San Francisco Superior Court, Case No. CGC-14-542440; entitled Beresford Corporation, A California Corporation v. City and County of San Francisco, DOE 1 - 10, Inclusive; the lawsuit involves a demand for tax refund. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 161099: Mills Act Historical Property Contract - 361 Oak Street - Pages: 10 - Vote 1: adoption, likely final - Action: 161099 [Mills Act Historical Property Contract - 361 Oak Street] Sponsor: Breed Resolution approving a historical property contract between Christopher J. Ludwig and Liesl Ludwig, the owners of 361 Oak Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Planning Department) Resolution No. 493-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 161144: Settlement of Unlitigated Claim - BHR Operations, LLC - $169,263.18 - Pages: 10 - Vote 1: adoption, likely final - Action: 161144 [Settlement of Unlitigated Claim - BHR Operations, LLC - $169,263.18] Resolution approving the settlement of the unlitigated claim filed by BHR Operations, LLC against the City and County of San Francisco for $169,263.18; claim was filed on March 14, 2016; the claim involves a refund of Transient Occupancy Tax, Tourist Improvement District Fees and Moscone Expansion District fees. (City Attorney) Resolution No. 496-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 161191: Appointment, Parks, Recreation and Open Space Advisory Committee - Natalie Dillon - Pages: 10 - Vote 1: approval, likely final - Action: 161191 [Appointment, Parks, Recreation and Open Space Advisory Committee - Natalie Dillon] Motion appointing Natalie Dillon, term ending February 1, 2017, to the Park, Recreation and Open Space Advisory Committee. (Government Audit and Oversight Committee) Motion No. M16-165 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 161206: Setting the Budget and Legislative Analyst Services Audit Plan - Department of Technology - FY2016-2017 - Pages: 10-11 - Vote 1: approval, likely final - Action: 161206 [Setting the Budget and Legislative Analyst Services Audit Plan - Department of Technology - FY2016-2017] Sponsor: Peskin Motion directing the Budget and Legislative Analyst to conduct a performance audit of the Department of Technology in FY2016-2017, with a focus on the following areas: 1) staffing, recruitment, and retention, 2) information security, 3) strategic planning and project management, 4) customer service and performance management, and 5) financial management. Motion No. M16-166 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160510: Planning Code - Student Housing Exemption from Inclusionary Housing Requirements - Pages: 11 - Vote 1: first-reading - Action: 160510 [Planning Code - Student Housing Exemption from Inclusionary Housing Requirements] Sponsor: Wiener Ordinance amending the Planning Code to change the requirement from five to two years that Student Housing be owned or leased by an educational institution to be exempt from the Inclusionary Housing Program; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 161069: Health Code - Definition of Projects and Responsibilities for Alternate Water Sources - Pages: 11-12 - Vote 1: other - Action: similar entity that maintains the common areas within a District Development Project. Responsible Party does not include the Project Applicant, subsequent owners, assignees, successors in interests, transferees, owners of common area, homeowners associations, or any other person or entity associated with a Development Project serviced by an Alternative District System as described in Section 12C.4(d).’; and on Page 6, Lines 11-12, by striking ‘ownership and’, Line 15, by adding ‘and Development Projects’, Lines 17-22, by adding ‘except when the water users or other purposes are located on property contiguous to, or across a public right of way from the boundaries of the District or approved Development Project, and the total amount of Nonpotable Water produced by the Alternate Water Source System will not exceed 125% of the District System’s or approved Development Project’s Non-potable Water demands for toilet and urinal flushing and irrigation, as determined by the approved Water Budget Documentation.’, Line 23, by adding ‘For District Systems’, and Lines 23-24, by striking ‘a completed District System’ and adding ‘the Responsible Party’. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ## Extracted text ### [Page 10](https://sfbos.info/documents/402/2016-11-29-minutes#page-10) Board of Supervisors Meeting Minutes 11/29/2016 161099 [Mills Act Historical Property Contract - 361 Oak Street] Sponsor: Breed Resolution approving a historical property contract between Christopher J. Ludwig and Liesl Ludwig, the owners of 361 Oak Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Planning Department) Resolution No. 493-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 161144 [Settlement of Unlitigated Claim - BHR Operations, LLC - $169,263.18] Resolution approving the settlement of the unlitigated claim filed by BHR Operations, LLC against the City and County of San Francisco for $169,263.18; claim was filed on March 14, 2016; the claim involves a refund of Transient Occupancy Tax, Tourist Improvement District Fees and Moscone Expansion District fees. (City Attorney) Resolution No. 496-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 161191 [Appointment, Parks, Recreation and Open Space Advisory Committee - Natalie Dillon] Motion appointing Natalie Dillon, term ending February 1, 2017, to the Park, Recreation and Open Space Advisory Committee. (Government Audit and Oversight Committee) Motion No. M16-165 APPROVED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 161206 [Setting the Budget and Legislative Analyst Services Audit Plan - Department of Technology - FY2016-2017] Sponsor: Peskin Motion directing the Budget and Legislative Analyst to conduct a performance audit of the Department of Technology in FY2016-2017, with a focus on the following areas: 1) staffing, recruitment, and retention, 2) information security, 3) strategic planning and project management, 4) customer service and performance management, and 5) financial management. Motion No. M16-166 APPROVED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 965 Printed at 2:28 pm on 1/27/17 ### [Page 11](https://sfbos.info/documents/402/2016-11-29-minutes#page-11) Board of Supervisors Meeting Minutes 11/29/2016 Recommendations of the Land Use and Transportation Committee 160510 [Planning Code - Student Housing Exemption from Inclusionary Housing Requirements] Sponsor: Wiener Ordinance amending the Planning Code to change the requirement from five to two years that Student Housing be owned or leased by an educational institution to be exempt from the Inclusionary Housing Program; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 161069 [Health Code - Definition of Projects and Responsibilities for Alternate Water Sources] Sponsor: Wiener Ordinance amending the Health Code to revise the definition of development projects subject to the requirements for an Alternate Water Source system and the definitions of large and small residential projects subject to specific requirements for such a system, and providing authorization for the review and approval of alternative means of compliance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 9-10, by adding ‘Development Project does not include rehabilitation of buildings constructed prior to the effective date of this Article 12C.’; on Page 3, Lines 24-25, by striking ‘owner’ and adding ‘operator’; on Page 3, Line 25, through Page 4, Line 2, by adding ‘including, but not limited to, a third – party contractor obtained for the purpose of operating and maintaining all or any portion of the Alternate Water Source System.’; on Page 4, Lines 4-12, by adding ‘Responsible Party: The Project Applicant, or any subsequent owners, assignees, successors in interest or any other transferees responsible for compliance with this Article 12C. Responsible Party includes, but is not limited to, the owner of the common areas within a District Development Project and any homeowners association or similar entity that maintains the common areas within a District Development Project. Responsible Party does not include the Project Applicant, subsequent owners, assignees, successors in interests, transferees, owners of common area, homeowners associations, or any other person or entity associated with a Development Project serviced by an Alternative District System as described in Section 12C.4(d).’; and on Page 6, Lines 11-12, by striking ‘ownership and’, Line 15, by adding ‘and Development Projects’, Lines 17-22, by adding ‘except when the water users or other purposes are located on property contiguous to, or across a public right of way from the boundaries of the District or approved Development Project, and the total amount of Nonpotable Water produced by the Alternate Water Source System will not exceed 125% of the District System’s or approved Development Project’s Non-potable Water demands for toilet and urinal flushing and irrigation, as determined by the approved Water Budget Documentation.’, Line 23, by adding ‘For District Systems’, and Lines 23-24, by striking ‘a completed District System’ and adding ‘the Responsible Party’. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 966 Printed at 2:28 pm on 1/27/17