>> good afternoon, welcome to the board of supervisors meeting for february 15th, 2011. >> all members are present.

>> thank you. can you all please join me in the pledge of allegiance? >> you should have copies of the january 11th board meeting minutes. kevin have a motion to approve those minutes? without objection, they will be approved. are there any communications? >> i have no communications. >> can you move to the consent agenda? >> items one through nine will be acted upon by a single roll call vote unless a member requests to discuss one individually. >> would anyone like to sever any items? >> aye. >> aye. >> aye.

>> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> these items are past. >> item 10 is amending the code to include a portion of the upper market district neighborhood that is outside of the plant area. >> i and the stand we need to excuse supervisor wiener. can we have a motion? -- understand that we need to excuse supervisor wiener. can we take a role call?

>> on item 10 -- >> aye, >>aye, >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> the ordinance is finally passed. the next item please. >> item 11 is an ordinance amending public's work code amending the distribution of handbills on private promises unless they are placed on or attached to and do not damage supremacists -- do not damage to the premises.

>> at this time i would like to make a motion to refer this back to the city operations and neighborhood services committee. as i think that you know, this was intended to reduce litter in our neighborhoods. in the last four weeks, we have received a lot of questions and concerns and i have conducted two meetings in my office with individuals to try to work out some of these issues. given the questions that still remain, i would like to refer this back at this time. i would like to thank our colleagues on the land use committee and many new were prepared to support a vote today. this is an issue that deals with a longer-term situation in our neighborhoods. given that there is not an immediate urgency, there is not a need to push forward in the

face of concerns and how this would be addressed. i would like to thank supervisor campos, and they wanted this to be only in english and that is something that i am supportive of. i look forward to continuing efforts to move forward. at this time, i would like to ask for your support in referring this. >> can we take this without objection? >> very good. >> item 12 is a property and approximately 529,000 for a certificate of participation proceeds for a disability access and improvement projects in the mayor's office. >> supervisor avalos.

>> thank you, president chiu. colleagues, i am having a tough the moment on this one, i am not clear where i will land and that is because as budget chair, this item was before me and i postponed it because there was a lot of in decision. from my perspective, this is something. this is something that is symbolic to the disability community and the symbolism that

people deal with on a daily basis. they had taken out the 26 valencia bus. this no longer goes down san jose which was the only accessible place for people in that part of my district to get on the bus or to get on transit. we still had the church but they are about two stops along and i don't have to accessible 40 grams. you actually have to go all the way over to balboa park to get into the boarding area for disability access. that is complicated because that

is very difficult to get to. on the corner, and you have on the southeast corner of geneva and san jose, this occurred is getting redone. a couple of weeks ago, they put in these barricades looking like they were going to be making some improvements to their but the barricades still stand there as of last night and this is difficult to maneuver a wheelchair into the area to get across the street to the bus station and to the ramp. there are many conditions like that at the park. i went there with the mayor's office disability director. based on her experience of coming around and walking around the area, it was clear that there had to be improvements for pedestrian safety that needed to

get done immediately. so, based on her assessment, she actually put together a spreadsheet showing the areas that needed improvement. we were able to get ramps done on the south side of geneva much more work needs to be done. this is not very navigable in that area if you have a disability. if you have site issues, if you are in a wheelchair. what we are doing is getting these ready for a ramp that very few people will appreciate. this is very difficult to accept. i'm michael long, this is part of my experience. i do think that the effort that

the city has put so far into the park is significant and much more must to get done. what i want to say was about this room, i had the experience sitting in this chair and sean elsbernd when he was sitting in that chair, i questioned whether this is actually an accessible room. often, i had to move my chair and i did that know if she was going by me. i witnessed this happening over and over again. are we looking at a political argument about whether or not this area is acceptable and we have not resolved the accessibility issues right here in this room have reconsidered it how we will put these in an arrangement that would produce the kind of flexibility that we need?

i don't think that we consider this as wholeheartedly as we could. i am not clear what i will do on my vote but it is very important that we raise these issues. >> perhaps i can help the supervisor. i received a text send out a motion for a recess. i think that the supervisor points out the contrast extremely well. this issue has been well embedded in the board of supervisors for quite some time and whatever the motivation has been that has helped us to arrive at this particular place, due diligence has been done. we have brought the cost down approximately by 50%. i think that those contracts are real.

are we making this symbolic as well as some very functional upgrades to comply with a d a? the rest of this room is not as accessible as it should be. are we doing this with the cost and risk of not making improvements elsewhere. that is a trade-off and politics might have motivated that at the beginning. today, we have a decision that helps to put this matter to bed and i will be supporting this. >> the item did come before the committee and there was a very exhausting here in -- hearing. susan did provide a number of different improvements that were happening across the facilities and the public right-of-way which really illustrates the focus to make sure that

accessibility improvements are made. one of the things that she mentioned was the fact that the laws are very clear about what needs to happen when we construct new buildings and when we make major renovations. when city hall was renovated, that treated a requirement to fill the requirements and this is not done for whatever reason when the renovation occurred. it was a legal requirement for us to make that improvement at that time. we did not do it at that time and this is fulfilling that requirement at a later date. >> think you, mr. president. along the lines of what supervisor mirkarimi indicated, we have gone to this issue many many times and i appreciate what supervisor avalos indicated and he makes an excellent point about the accessibility of this room and the way in which the

desks are situated and we should definitely look into that. i do remember the hearings that i watch on this issue, and hearing directly from the community for whom this was very important and it it is for that reason that i will be supporting it for the same reason that i would vote to make any effort that would make city hall more accessible to any community and i think that that is my sense of the underlying reason for this and i think that this is better for us to make this action happened and move on so i will be supporting this today. >> is there any further discussion? >> aye. >> aye. >> aye. >> aye.

>> no. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> this ordinance is passed on the first reading. item 13. >> item 13 amends the administrative code regarding the board approval of health and service plans and contribution rates. >> a roll-call vote. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye.

>> aye. >> aye. >> this ordinance is passed on the first reading. >> item 14 is a resolution authorizing the recreation and park department general manager to enter into a lease with the portsmouth plaza parking corp. for the arts met -- for the operation of the portsmouth square garage. >> same house, same call? the item passes. >> item 16 -- at of 15, resolution approving the sale of an improved surplus property located at 909 tennessee? >> how did they decide to deal with the surplus? >> do you have an answer? >> the question that cannot for

the committee is that the previous purchaser backed out of the transaction so we don't actually have a current supplier for that what? what we have done it is revised the resolution to allow the department to sell this for no less than $1.3 million. because there -- this is simply a resolution, there is no language around the resolution of it. when this happens in april or march, they will report about what the final sale prices. at that point, the board chose to appropriate it and we would have a different ordinance to appropriate the remaining balance. >> if you want it to

appropriate, we would need to do a public appropriation on this. >> we would need it to introduce an ordinance and order to make an appropriation. >> we have an ordinance that we would have proceeds from the property that those proceeds would go toward affordable housing. >> i look forward to seeing what happens. >> can we have this same house, same call? without objection. >> item 16 authorizes the fire department to amend the ambulance billing contract and anticipate $20 million in revenues. >> same house, same call?

this resolution is adopted. >> item 17 approves modification number five the the professional services agreement with professional management services not to exceed one. -- not to exceed $16.8 million. >> can i ask the budget analyst a couple of questions about this item? looking at the report, we are talking about an increase of $1.7 million to this construction contract, which is a pretty significant increase when you are looking at an original budget of $15 million. this is more than 10%. i am trying to discover the reasons for the increase. what happened here that would require amending the amount to this contract by this extent?

>> mr. president, members of the board, supervisor campos comedy existing agreement was originally competitively bid under a request for proposal process. the department felt that they needed additional work and additional construction management services which we pointed out in our report and we felt that if they were justified in amending the contract rather than having a subsequent competition for this particular item. given the experience and the qualifications and the work that has been previously done. >> one of the things that is mentioned is that there was some delays in the project and i'm wondering what the reason for the delay is was? >> can you give me a moment?

>> we can come back to this item. >> i understand we have a representative from the airport. maybe we can hear what happened here, what we are amending the contract by such a significant amount. >> if i can answer your first question about the modification and the amount, when the contract was originally bid, the scope of work was a little bit different and we were just contemplating renovations to the inside of the terminal as work on the contract progressed. we realize that there was some road work that needed to occur to make the road outside of the terminal stable enough to handle some of the actual weight that

would be going through the new project. that is why you see this. that is one of the reasons why you see the increase in the modifications. your second question about the delay in getting it to the board. on there was a miscalculation. as i explained, we had a number of items, all of which were deemed pretty high priority which we were trying to get to the board for recess. the timing on this one was simply that i made a mistake. i cannot remember the last time that we have brought something retroactively. that is not usually how we do these. >> no more questions. thank you. >> can we take this item same house, same call. without objection, this resolution is adopted. >> item 18 approves the exercise

of the last one year option to extend the option for luggage cart police. >> same house, same call? this is adopted. >> items not teen is it a resolution authorizing the general manager of the san francisco public utilities commission to execute water system improvement program funded professional service agreements. >> same house, sam call? this resolution is adopted. >> item 20 establishes the monthly kutch addition to that held service trust fund? >> same house, same call? this resolution is adopted. >> item 21 is an ordinance amending the police code by extending the consolidating prohibitions on the discharge of firearms.

>> same house, col. >> item 22 is a motion confirming the appointment of paul kelly to the san francisco relocation appeals board for the amex board portion of a three- year term ending january 2nd, 2012. >> we just received a letter from the appointee because of possible conflict. i have a motion to table. this motion shall be tabled. if we can skip over the special orders though i will note from 23-26, they wish to continue this to a later date. if we could now go to item 27. >> items 27 was considered by the audit and ovgh