# Board of Supervisors Minutes: May 17, 2011

- Meeting date: 2011-05-17
- Document type: minutes
- Source format: PDF
- Extracted pages: 34
- [Canonical HTML transcript](https://sfbos.info/documents/2087/2011-05-17-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m051711.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 110535: Appointments, Western SoMa Citizens Planning Task Force - Jim Tatarazuk and Michael Ferara

- Pages: 6-7
- Vote 1: approval, likely final
  - Action: 110535 [Appointments, Western SoMa Citizens Planning Task Force - Jim Tatarazuk and Michael Ferara] Motion appointing Jim Tatarazuk and Michael Ferara, terms ending December 31, 2011, to the Western SoMa Citizens Planning Task Force. (Clerk of the Board) Jim Tatarazuk, seat 15, succeeding Tom Radulovich, resigned, must be a transportation advocate, for the unexpired portion of a three-year term ending December 31, 2011. Michael Ferara, seat 22, succeeding Lynn Valente, resigned, must be a resident of the area defined as "SoMa West" by the Planning Department, for the unexpired portion of a three-year term ending December 31, 2011. Motion No. M11-79 APPROVED The foregoing items were acted upon by the following vote:
  - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Excused: Campos

### File 110505: Adopting Findings Related to the Conditional Use Appeal - 1268 Lombard Street

- Pages: 7
- Vote 1: approval, likely final
  - Action: 110505 [Adopting Findings Related to the Conditional Use Appeal - 1268 Lombard Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion No. 18279, approving Conditional Use Application 2009.1029C on property located at 1268 Lombard Street. (Clerk of the Board) Motion No. M11-80 APPROVED by the following vote:
  - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Excused: Campos

### File 110330: Administrative Code - Public Work Construction Contractor/Subcontractor Appeal Hearing Procedures for Non-Compliance with Prevailing Wage Requirements

- Pages: 7-8
- Sponsors: Chiu
- Vote 1: final-passage, likely final
  - Action: 110330 [Administrative Code - Public Work Construction Contractor/Subcontractor Appeal Hearing Procedures for Non-Compliance with Prevailing Wage Requirements] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code, Section 6.22, Public Work Construction Contract Terms and Working Conditions, by amending Subsection 6.22(E)(8) to further delineate due process procedures for administrative hearings on appeals by public work contractors and/or subcontractors from a Certification of Forfeiture made by the City's Labor Standards Enforcement Officer or responsible department head for non-compliance with prevailing wage requirements; and to additionally conform distribution of forfeiture provisions to State law. Ordinance No. 79-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Excused: Campos

### File 110114: Environment Code - Yellow Pages Distribution Pilot Program

- Pages: 8
- Sponsors: Chiu; Mar, Mirkarimi, Wiener and Cohen
- Vote 1: final-passage, likely final
  - Action: 110114 [Environment Code - Yellow Pages Distribution Pilot Program] Sponsors: Chiu; Mar, Mirkarimi, Wiener and Cohen Ordinance adding Chapter 20 to the Environment Code to establish a three-year pilot program to reduce waste in the distribution of Yellow Pages phone directories to private residences and businesses in San Francisco, and to reduce neighborhood blight, by restricting distribution to circumstances where: 1) there is personal delivery of the directory to a human being, 2) there has been a request for delivery of the directory to the residence or business, or 3) directories are maintained for pick-up at a distribution center or business open to the public; mandating a public outreach program to educate the public about the environmental harms associated with excessive distribution of Yellow Pages phone directories, develop and publicize alternatives to private possession of such directories, and inform the public of the option and means of obtaining such directories; and making environmental findings. (Economic Impact.) Ordinance No. 78-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Noes: Elsbernd
  - Excused: Campos

### File 110553: Appropriating $1,925,000 of General Fund Reserve and $360,000 of Public Library Preservation Fund Balance to Various Departments for Kirola Litigation Expenses in FY2010-2011

- Pages: 8-9
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 110553 [Appropriating $1,925,000 of General Fund Reserve and $360,000 of Public Library Preservation Fund Balance to Various Departments for Kirola Litigation Expenses in FY2010-2011] Sponsor: Mayor Ordinance appropriating $1,925,000 from the General Fund Reserve and $360,000 from the Public Library Preservation Fund available fund balance to the Department of Public Works, the Recreation and Park Department, the Library Department, and the Mayor's Office of Disability for litigation expenses related to the United States District Court case between Ivana Kirola et. al. v. City and County of San Francisco for alleged American with Disabilities Act violations in FY2010-2011. (Fiscal Impact.) PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Excused: Campos

## Extracted text

### [Page 7](https://sfbos.info/documents/2087/2011-05-17-minutes#page-7)

Board of Supervisors Meeting Minutes 5/17/2011

REGULAR AGENDA

UNFINISHED BUSINESS

From the Board

110505 [Adopting Findings Related to the Conditional Use Appeal - 1268 Lombard Street]
 Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion
 No. 18279, approving Conditional Use Application 2009.1029C on property located at 1268
 Lombard Street. (Clerk of the Board)
 Motion No. M11-80
 APPROVED by the following vote:
 Ayes: 10 - Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
 Excused: 1 - Campos

Recommendation of the Budget and Finance Sub-Committee

110330 [Administrative Code - Public Work Construction Contractor/Subcontractor Appeal
 Hearing Procedures for Non-Compliance with Prevailing Wage Requirements]
 Sponsor: Chiu
 Ordinance amending the San Francisco Administrative Code, Section 6.22, Public Work
 Construction Contract Terms and Working Conditions, by amending Subsection 6.22(E)(8) to
 further delineate due process procedures for administrative hearings on appeals by public work
 contractors and/or subcontractors from a Certification of Forfeiture made by the City's Labor
 Standards Enforcement Officer or responsible department head for non-compliance with prevailing
 wage requirements; and to additionally conform distribution of forfeiture provisions to State law.
 Ordinance No. 79-11
 FINALLY PASSED by the following vote:
 Ayes: 10 - Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
 Excused: 1 - Campos

City and County of San Francisco Page 420 Printed at 9:26 am on 7/14/11

### [Page 8](https://sfbos.info/documents/2087/2011-05-17-minutes#page-8)

Board of Supervisors Meeting Minutes 5/17/2011

Recommendation of the Land Use and Economic Development Committee

110114 [Environment Code - Yellow Pages Distribution Pilot Program]
 Sponsors: Chiu; Mar, Mirkarimi, Wiener and Cohen
 Ordinance adding Chapter 20 to the Environment Code to establish a three-year pilot program to
 reduce waste in the distribution of Yellow Pages phone directories to private residences and
 businesses in San Francisco, and to reduce neighborhood blight, by restricting distribution to
 circumstances where: 1) there is personal delivery of the directory to a human being, 2) there has
 been a request for delivery of the directory to the residence or business, or 3) directories are
 maintained for pick-up at a distribution center or business open to the public; mandating a public
 outreach program to educate the public about the environmental harms associated with excessive
 distribution of Yellow Pages phone directories, develop and publicize alternatives to private
 possession of such directories, and inform the public of the option and means of obtaining such
 directories; and making environmental findings.
 (Economic Impact.)
 Ordinance No. 78-11
 FINALLY PASSED by the following vote:
 Ayes: 9 - Avalos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener
 Noes: 1 - Elsbernd
 Excused: 1 - Campos

NEW BUSINESS

Recommendations of the Budget and Finance Sub-Committee

110553 [Appropriating $1,925,000 of General Fund Reserve and $360,000 of Public Library
 Preservation Fund Balance to Various Departments for Kirola Litigation Expenses
 in FY2010-2011]
 Sponsor: Mayor
 Ordinance appropriating $1,925,000 from the General Fund Reserve and $360,000 from the Public
 Library Preservation Fund available fund balance to the Department of Public Works, the
 Recreation and Park Department, the Library Department, and the Mayor's Office of Disability for
 litigation expenses related to the United States District Court case between Ivana Kirola et. al. v.
 City and County of San Francisco for alleged American with Disabilities Act violations in
 FY2010-2011.
 (Fiscal Impact.)
 PASSED ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
 Excused: 1 - Campos

City and County of San Francisco Page 421 Printed at 9:26 am on 7/14/11