# Board of Supervisors Minutes: September 29, 2015 - Meeting date: 2015-09-29 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/298/2015-09-29-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=435435&GUID=5719075F-755C-4890-9212-B847B10D4DD6) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 150916: Public Utilities Commission New Clean Renewable Energy Bonds Issuance - Not to Exceed $4,100,000 - Pages: 13-14 - Vote 1: adoption, likely final - Action: 150916 [Public Utilities Commission New Clean Renewable Energy Bonds Issuance - Not to Exceed $4,100,000] Sponsors: Breed; Farrell Resolution approving the issuance of not to exceed $4,100,000 aggregate principal amount of New Clean Renewable Energy Bonds to be issued by the City and County of San Francisco, acting through the San Francisco Public Utilities Commission; approving the execution and delivery of an Equipment Lease/Purchase Agreement, a Direct Purchase Agreement, and a Filing Agent Agreement; and authorizing related actions, as defined herein. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 358-15 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150842: Settlement of Lawsuit - Mountain Cascade, Inc. - $3,200,000 - Pages: 14 - Vote 1: first-reading - Action: 150842 [Settlement of Lawsuit - Mountain Cascade, Inc. - $3,200,000] Ordinance authorizing settlement of the lawsuit filed by Mountain Cascade, Inc., against the City and County of San Francisco for $3,200,000; the lawsuit was filed on June 11, 2013, in San Mateo County Superior Court, Master File No. CIV 519255, entitled In re: Mountain Cascade Contract Litigation, related to the Public Utilities Commission’s construction of the Bay Division Pipeline No. 5 - Peninsula Reaches project. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150496: Planning Code - Inclusionary Housing Requirements in the Eastern Neighborhoods - Pages: 14 - Vote 1: first-reading - Action: 150496 [Planning Code - Inclusionary Housing Requirements in the Eastern Neighborhoods] Sponsor: Kim Ordinance amending the Planning Code to eliminate the Rental Incentive from the Eastern Neighborhood Urban Mixed Use Districts that permits project sponsors to lower their Inclusionary Affordable Housing requirements and applicable Eastern Neighborhood Public Benefit Fee by agreeing to maintain the units in their market rate development as rental units for 30 years; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings 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, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150758: Public Works Code - Public Right-of-Way Occupancy Fee Exemption - Pages: 14-15 - Vote 1: first-reading - Action: 150758 [Public Works Code - Public Right-of-Way Occupancy Fee Exemption] Sponsor: Campos Ordinance amending the Public Works Code to provide that floodwater management projects that are located within public rights of way, requiring a minor encroachment permit, and funded by San Francisco Public Utilities Commission grant funds, are exempt from payment of public right-of-way occupancy assessment fees. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150712: Public Hearing - Appeal of Final Negative Declaration - Recology Landfill Disposal Agreement - Hay Road Landfill in Solano County - Pages: 15-16 ## Extracted text ### [Page 14](https://sfbos.info/documents/298/2015-09-29-minutes#page-14) Board of Supervisors Meeting Minutes 9/29/2015 Recommendation of the Government Audit and Oversight Committee 150842 [Settlement of Lawsuit - Mountain Cascade, Inc. - $3,200,000] Ordinance authorizing settlement of the lawsuit filed by Mountain Cascade, Inc., against the City and County of San Francisco for $3,200,000; the lawsuit was filed on June 11, 2013, in San Mateo County Superior Court, Master File No. CIV 519255, entitled In re: Mountain Cascade Contract Litigation, related to the Public Utilities Commission’s construction of the Bay Division Pipeline No. 5 - Peninsula Reaches project. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Land Use and Transportation Committee 150496 [Planning Code - Inclusionary Housing Requirements in the Eastern Neighborhoods] Sponsor: Kim Ordinance amending the Planning Code to eliminate the Rental Incentive from the Eastern Neighborhood Urban Mixed Use Districts that permits project sponsors to lower their Inclusionary Affordable Housing requirements and applicable Eastern Neighborhood Public Benefit Fee by agreeing to maintain the units in their market rate development as rental units for 30 years; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings 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, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 150758 [Public Works Code - Public Right-of-Way Occupancy Fee Exemption] Sponsor: Campos Ordinance amending the Public Works Code to provide that floodwater management projects that are located within public rights of way, requiring a minor encroachment permit, and funded by San Francisco Public Utilities Commission grant funds, are exempt from payment of public right-of-way occupancy assessment fees. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 665 Printed at 2:44 pm on 11/6/15 ### [Page 15](https://sfbos.info/documents/298/2015-09-29-minutes#page-15) Board of Supervisors Meeting Minutes 9/29/2015 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Mar, seconded by Supervisor Cohen, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to API Legal Outreach and their Executive Director, Dean Ito Taylor, on the occasion of Mr. Taylor's retirement and the 40th Anniversary of API Legal Outreach. President Breed introduced, welcomed, and presented a Certificate of Honor to Reverend Amos C. Brown, a former member of the Board of Supervisors, in recognition of his many accomplishments towards equality in the City and County of San Francisco and continued community service. Dr. Frederick Haynes, III, the grandson of Frederick Douglas Haines, Sr., and Doris Ward were also recognized. Supervisor Cohen shared in this commendation. SPECIAL ORDER 3:00 P.M. President Breed recessed the meeting at 3:48 p.m. and reconvened at 3:48 p.m. 150712 [Public Hearing - Appeal of Final Negative Declaration - Recology Landfill Disposal Agreement - Hay Road Landfill in Solano County] Hearing of persons interested in or objecting to the adoption of a Final Negative Declaration under the California Environmental Quality Act for a proposed agreement for disposal of municipal solid waste at Recology Hay Road Landfill in Solano County, issued by the Planning Commission on May 21, 2015, and adopted on June 1, 2015. (Appellant: Joshua N. Levine, on behalf of Solano County Orderly Growth Committee) (Filed June 30, 2015). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Duane Kromm, Solano County Orderly Growth Committee, and Courtney Rae Ross-Tait (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Arthur Feinstein (Sierra Club); Tony Uberia; Barbara Cummins; Male Speaker; David Tam (SPRAWLDEF); Tom Gilberty; Russell Long (Sustainable San Francisco); Peter Turnuf; Steve Zeltram (UPWA); Darryl Washington; Female Speaker; Yee Hue Lam; Andrew Yip; spoke in support of the appeal. Sarah Jones and Paul Maltzer (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Guillermo Rodriguez, Department of the Environment (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. David Pilpel; Barbara Schussman (Perkins Coie); Mark Arsenault (Recology San Francisco); Charley Goss (San Francisco Apartment Association); Doug Bloch (Teamsters Joint Council 7); Larry Daugherty (Teamsters Local 350); Tim Paulson (San Francisco Labor Council); spoke in support of the project and in opposition to the appeal. Supervisor Mar, seconded by Supervisor Kim, moved to reopen public comment for members of the public who are in support of the appeal. The motion carried without objection. Genson Yee; Female Speaker; Lisa; Female Speaker; spoke in support of the appeal. Duane Kromm, Solano County Orderly Growth Committee, and Courtney Rae Ross-Tait (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED City and County of San Francisco Page 666 Printed at 2:44 pm on 11/6/15