Building Inspection Commission (BIC)

Regular Meeting of February 18, 1998

Adopted March 4, 1998

War Memorial Building, Room 428

401 Van Ness Avenue, San Francisco, CA 94102

MINUTES

The meeting of the Building Inspection Commission was called to order at 1:12 p.m. by President Hood.

1.	ROLL CALL - Roll call was taken and a quorum was certified.

COMMISSION MEMBERS/STAFF PRESENT:

Bobbie Sue Hood, President	Mona Cereghino, Commissioner

Alfonso K. Fillon, Commissioner	Roy Guinnane, Commissioner

Sharon Mark, Commissioner	Maria Banico, Commission Secretary

COMMISSION MEMBERS ABSENT:

Sigmund A. Freeman, Commissioner (excused absence)

Armando Vasquez, Vice-President (excused absence)

D.B.I. REPRESENTATIVES:

Frank Chiu, Director

James Hutchinson, Deputy Director for Permit Services

William Wong, Deputy Director for Inspection Services

Carla Johnson, Assistant to the Director

Paulette Hooey, Manager for Administrative Services Division

CITY ATTORNEY'S REPRESENTATIVE:

Amy S. Ackerman, Deputy City Attorney

Buck Delventhal, Deputy City Attorney

Ilene Dick, Deputy City Attorney

Claire M. Sylvia, Deputy City Attorney

2.	President's Report.

There was no report from President Hood.

3.	Director's Report.

a.	Report and discussion on the effects of recent storms and the status of DBI's emergency response at 700, 800 and 828 El Camino del Mar.

Director Chiu reported that three properties on El Camino del Mar are in danger of sliding due to recent storms. On February 11th, the department yellow-tagged the building at 770 El Camino del Mar and red-tagged the buildings at 800 and 828 El Camino del Mar. The property owners have retained their own geotechnical engineers and are working with the department to mitigate the problems.

Deputy Director Wong corrected the house number as 770 El Camino del Mar, not 700. He referred to the map distributed to the Commissioners. The occupants of 770 El Camino del Mar were allowed to occupy the house except for the rear area. 800 and 828 El Camino del Mar have been evacuated. Notices of Violation have been posted on all three properties requiring the owners to have their geotechnical engineers review the situation and submit a proposal to DBI. DBI staff is continuing to monitor the conditions and is in regular contact with the private engineers. Emergency Orders were not issued since the owners immediately retained their engineers and contractors. A press release was issued on February 13, 1998. Board President Barbara Kaufman visited the site on February 12th and talked with the owner of 770 El Camino del Mar.

President Hood asked if the lot lines extended to the beach and the slides occurred on private land.

Deputy Director Wong said yes.

President Hood said that many houses are built on slopes or sand which slide easily. She said that there should be some kind of program to make people aware that they need to do something during the dry season.

Deputy Director Wong concurred. He cited the building at 800 El Camino del Mar and said that the owner needs to stabilize his building and then see what can be done to secure the building when the rains stop.

Commissioner Cereghino asked if the buildings were built to code.

Deputy Director Wong said they were built to code. 800 El Camino del Mar was rebuilt in the 1950's because of problems with slides.

Commissioner Cereghino asked if other houses in that area were affected by slides.

Deputy Director Wong said that there were no other movements. The department has rented a trailer to enable staff to monitor the area continuously.

Commissioner Guinnane asked who does the monitoring.

Deputy Director Wong said that Senior Building Inspector Andrew Greene, Structural Engineer K. K. Chiu and Major Projects Manager Hanson Tom have been monitoring the area.

Commissioner Fillon asked if there was any danger to people on the beach below.

Deputy Director Wong said that the report from the private engineers does not indicate any danger at this time.

President Hood said that it is important to let people who live in slope areas know that they may be lucky this year but that they should consult geotechnical engineers to avoid similar problems in the future. It costs the City a lot of money to monitor the situation. The department may need to look at the codes on unstable sites. Instead of waiting for disaster to happen, the department needs to have a proactive program to avoid disaster. She agreed with Commissioner Fillon that there might also be danger to the public. President Hood requested that the department prepare a report on what kind of code changes can be recommended. The department might want to solicit ideas from soils or geotechnical engineers.

Director Chiu said that the Code Advisory Committee might be able to look at this matter and have some recommendations.

Commissioner Cereghino said that this program can be incorporated into the department's three year program.

President Hood said that she would like to have one of the Commissioners take charge. She asked Commissioner Cereghino if she would be willing to do so.

Commissioner Cereghino declined due to other committee commitments.

Commissioner Mark offered to be in charge of this issue and was appointed by President Hood.

Deputy Director Wong agreed that there might be potential problems in the future. He said that he will post notices to encourage the neighbors to take preventive measures. Mr. Wong thanked his staff for their immediate response, in particular, the work of Chief Building Inspector Wing Lau, Senior Building Inspector Andrew Greene, Structural Engineer K. K. Chiu and Major Projects Manager Hanson Tom. The department is training two more engineers to be able to respond better to emergency situations. Currently, the department is renting a trailer being used on site. He recommended buying a trailer in the future instead of renting.

President Hood said that Director Chiu put in a budget request for a trailer last year which was cut by the Mayor's Office. She asked if Mr. Chiu put in a request for the trailer in the budget for next fiscal year.

Director Chiu said that he had to remove it from the request due to other priorities. He said that it is a good time to request for the trailer under a supplemental budget.

President Hood said that this is a great time to ask for the supplemental budget while the slides are still fresh in people's minds.

Commissioner Cereghino asked what the figures are.

Director Chiu said that he estimated $80,000 to $90,000 for a converted mobile home. He said that he is open to anything else in the price range of $70,000 to $90,000.

President Hood said that this mobile unit is very important in case of an earthquake. She suggested that the department make a list of when this mobile unit was needed in the past.

Commissioner Mark said that staff should be careful when addressing the media or the public. Staff should not draw any conclusion or make comments that may put the department in a liability situation.

President Hood said that she already talked with Director Chiu about this and Mr. Chiu also had the same concerns.

Director Chiu said that he will work on policy language with Commissioner Mark.

President Hood said that training staff to be sensitive to the liability issue is very difficult.

Deputy Director Wong said that he has directed staff not to talk to the media on behalf of the department and to refer questions to the Director's Office. The department needs to talk in a single voice.

Mr. Jeremy Paul, private contractor, said that he has spoken to people who live in the neighborhood and got positive feedback on the department's response to the situation.

Ms. Roberta Caravelli, Citizen Review, commended the Commission for taking preventative measures to avoid further disaster.

b.	Report, discussion and possible action on the status of recruitment for staffing of the One-
Stop Permit Coordination Program.

Director Chiu reported that announcements for staffing of the One-Stop Permit Coordination Program went out last week. The deadline for the applications is February 27, 1998. Interviews are planned for the first week of March. He hopes to hire the staff by the second or third week of March.

President Hood asked if these positions are open exclusively to City employees or if anybody may apply.

Director Chiu said that they are open to anybody who meets the minimum qualifications.

c.	Report and discussion on DBI's participation in the Multimedia Summit to be held on February 27, 1998.

Director said that as had been reported to the Commission in November 1997, the department has been working closely with the Multimedia Task Force. Ms. Carla Johnson and he have been invited to the Multimedia Summit which will be held on Thursday, February 27, 1998. He said that the department is planning to have a booth at the Summit to answer questions from the industry.

4.	Public Comment: The BIC will take public comment on matters within the Commission's jurisdiction that are not part of this agenda.

Mr. Jeremy Paul, consultant, said that he helps people and homeowners with problem projects. He said that Housing Inspection Services has been scanning documents and in the process, Housing Inspectors have been tossing out many of the old documents which may cause loss of history. In his experience in sorting out problem projects, insignificant hand written notes or comments may have significant meaning that can help property owners solve their problems. He showed some documents he took out from the trash on the sixth floor and said that many Housing Inspectors do not understand the subtlety of the issues which may have impact on Planning Department decisions.

President Hood asked Director Chiu how the scanning was being done.

Director Chiu said that the department is following the Records Retention Policy. He said that Housing Inspectors have been reviewing the documents and important documents are scanned.

President Hood said that the department needs to scan everything on file. She would like to put this matter on the agenda for the next meeting. In the meantime, the department needs to scan everything on file.

Ms. Roberta Caravelli said that in the 1960s or 1970s, the Superintendent of the Bureau of Building Inspection decided to microfilm all building plans. In the process, many old building plans were thrown out causing loss of history on many buildings in San Francisco. She said that a similar process is happening now. She thanked President Hood for putting a stop to this practice and having everything scanned.

President Hood said that it is a good idea to have an overlap period even after the scanning is done before tossing out documents.

5.	Presentation and discussion of open meeting requirements of the Brown Act (California Government Section 54950) and the Sunshine Ordinance (San Francisco Administrative Code Chapter 67), including but not limited to public notice, discussion and voting on agenda items, and seriatim meetings.

Deputy City Attorney Amy Ackerman addressed the Commission and referred to her memorandum on open meeting laws which was distributed prior to her presentation. Ms. Ackerman said that the Brown Act was amended effective January 1, 1998, to require that the agenda and meeting materials be mailed to the public upon receipt of a written request at the same time that the members of the Commission receive these documents.

Ms. Ackerman said that members of the public may speak on any item on the agenda and any item within the jurisdiction of the Commission even if it does not relate to any agenda item. The public need not identify her or himself when speaking. Both the Brown Act and the Sunshine Ordinance allow the Commission to adopt reasonable regulations regarding public comment, including limiting the time for each speaker beyond three minutes.

President Hood said that the Commission needs to have the name of the speaker addressing the Commission for records purposes. She asked Deputy City Attorney Ackerman if she may require the speaker to identify themselves.

Deputy City Attorney Ackerman said that it should be optional for the public to identify her or himself when speaking.

President Hood directed Commission Secretary Banico to add to the BIC agenda that it is optional for the public to identify themselves.

Commissioner Mark asked if there are any conflicts between the Brown Act and the Sunshine Ordinance on public comment.

Deputy City Attorney Ackerman said that generally if there is any conflict, the City Attorney's Office will follow the more restrictive law. The Sunshine Ordinance has not yet been amended, the Brown Act has been amended. For example, the Brown Act now allows meetings by telephone. The Sunshine Ordinance has passive meeting rules, whereas the Brown Act does not.

Ms. Roberta Caravelli, Citizen Review, said that she is happy that the Commission had this presentation. She commended Deputy City Attorney Ackerman for the excellent job. She said that the Brown Act is based on common courtesy and good manners. She said that the public is the client. They have the right to speak for up to three minutes.

President Hood complimented Deputy City Attorney Ackerman's report. She said that the presentation and report have been clear even though covering a complex issue. She said that Commission Secretary Banico has been an enormously helpful in this area. She thanked her for her continual support to the Commission.

The Commission took a break at this point in the proceedings from 2:25 to 2:37 p.m.

6.	Presentation and discussion of how the conflict of interest rules, regulations and laws in the San Francisco Charter, the San Francisco Municipal Code and state codes affect individual members of the Building Inspection Commission.

Deputy City Attorney Sylvia addressed the Commission and said that her office provides advice to the Commission as a whole and to individual members of the Commission in a confidential manner. Their services are for preventive care. She recommended that Commissioners contact her office before problems happen. She gave an overview on the Political Reform Act, the Financial Disclosure Form and other laws and rules which affect individual members of the Commission.

The Political Reform Act is a state law that applies to all government officials who are involved in government decision making. It says that a person cannot participate in a decision in which the person has financial interests. Before taking a vote, a member of a Commission should decide whether the decision will have a direct or indirect impact on her/his financial interests and whether the impact is material. If it has a direct impact, the Commissioner should recuse from participation, announce her/his reason and ask to be excused from voting. The Commissioner should recuse herself/himself even if the other members do not excuse him/her from voting. If this impact is not material and is not different from the public in general or the group represented by the seat, the Commissioner does not have a conflict.

Ms. Sylvia said that Commissioners are required to file their Statements of Economic Interests on three separate occasions: within 30 days after being appointed, annually, and within 30 days after leaving office. Commissioners are allowed to accept gifts of up to $290 per year. Gifts over $50 will have to be reported. Honoraria ( payment for giving speeches, seminars, articles) are prohibited. Reimbursement for travel expenses within California need not be reported, however, travel expenses outside California need to be reported.

President Hood asked if there is a time period for a former Commissioner before s/he may enter into a contract with the Department of Building Inspection.

Deputy City Attorney Sylvia said there is no specific section or provision in the Charter addressing this issue, therefore there is no required time period.

Ms. Roberta Caravelli commended Deputy City Attorney Sylvia for a very clear presentation.

President Hood thanked Deputy City Attorney Sylvia and encouraged members of the Commission to consult with her when the need arises.

7.	Report, discussion and possible action regarding the conflict of interest rules that apply to employees of the Department of Building Inspection including:

a.	Report and discussion on the procedures for recommending, adopting or modifying conflict of interest rules that apply to the employees of the Department of Building Inspection and which administrative agency has jurisdiction over the implementation of said rules.

Deputy City Attorney Buck Delventhal addressed the Commission and said that conflict of interest is a complex issue. It is necessary to uphold the honor and efficiency of public service. There are general rules from the Civil Service Commission that apply citywide. There are two rules that apply to specific departments. One of the rules applies to employees of the Assessor's Office: that they may not perform outside appraisal activities within the city. The other rule applies to the Bureau of Building Inspection which was approved by the Civil Service Commission in 1969, concerning the outside activities of building inspectors.

Deputy City Attorney Delventhal said that prior to 1993, the Civil Service Commission had the exclusive power governing conflict of interest rules. When the Ethics Commission was created in 1993, the functions of the Civil Service Commission were split. Efficiency issues are handled by the Civil Service Commission. Honor and integrity issues are handled by the Ethics Commission. A rule or regulation adopted by the Ethics Commission becomes effective 60 days after its adoption during which time the Board of Supervisors may veto the adoption. The Charter which created the Ethics Commission also states that all existing rules remain in effect. There are no new rules to date. When the Building Inspection Commission was created in 1995, the Charter did not give any authority on conflict of interest to this Commission. Thus, the Ethics Commission has the exclusive power over this issue.

Mr. Delventhal said that in 1969, a rule was issued that prohibited building inspectors from doing outside activities except for properties owned OR occupied by the inspectors. In 1986, the Bureau of Building Inspection proposed to change the rule to " . . . owned AND occupied by . . . " However, this proposed change had never been calendared or approved by the Civil Service Commission.

The BIC may make recommendations to the Ethics Commission to repeal or amend the existing rule, or propose an entirely new rule. The Ethics Commission is not required to wait for the BIC's recommendations should they want to adopt changes or new rules.

Deputy City Attorney Delventhal said that the 1969 rule states that misconduct by building inspectors is subject to disciplinary action by the Director. The Civil Service Commission may take up enforcement if the Director fails to act.

The Ethics Commission may hear all complaints of misconduct by employees. However, it is limited to making recommendations to the Director and the Civil Service Commission. The Ethics Commission has broader authority on the enforcement of conflict of interest laws. It may force removal of an employee convicted of violations and penalize an employee up to $5,000.

Mr. Delventhal concluded his presentation and said that if the Commission wants to propose an amendment, the BIC also needs to notify the Department of Human Resources so they may meet and confer with the unions.

b.	Possible action to recommend adoption of or modifications to the conflict of interest rules for the employees of the Department of Building Inspection including establishing procedures for making such recommendations.

President Hood thanked Deputy City Attorney Delventhal for his presentation. She said that the issue before the Commission is whether the 1969 rule is adequate for this Commission's purposes. She asked if there are things happening that have the appearance of impropriety or are causing complaints from the public that the Commission should look into or make recommendations to the Ethics Commission to amend the 1969 rule. She said that this is a far reaching problem and asked Director Chiu for his opinion.

Director Chiu said that he felt that the 1969 conflict of interest rule covers all areas. It is reasonable and fair. He recommended sending a letter to staff informing them that the 1969 rule applies.

President Hood said that she does not see a need to change the 1969 rule. She said that the department needs to be diligent to ensure that employees do not abuse this rule.

Commissioner Fillon asked what mechanisms there are in place to prevent employees from abusing the rule.

Director Chiu said that employees have to file Statement of Economic Interest annually. In addition, a memo will be sent to staff requiring them to inform the Director's Office of all building permits taken out by staff. This memo is being reviewed by the City Attorney's Office.

Commissioner Fillon asked if these two requirements make a violation obvious.

Director Chiu said that if an employee does not fulfill these requirements, s/he is in violation of the conflict of interest rule.

Deputy City Attorney Delventhal said that if an employee who is required to file does not file her/his Statement of Economic Interest, s/he is committing a crime.

Commissioner Guinnane asked how the City covers outside work unrelated to staff's occupation with the City.

Deputy City Attorney Delventhal said that Civil Service Rule states that employees are required to ask permission from their appointing officer before accepting any work or contract from another employer within the City.

Ms. Roberta Caravelli, Citizen Review, said that it seems that the Common Law does not apply to DBI employees. She said that the incident that happened six months ago still goes on. The case is now going to the Board of Appeals. The inspector involved is being represented by a permit expediter. She said that 70% of the properties in the City are owned by absentee owners, only one third of the properties are owner-occupied. One third of DBI staff has property investments in the City. There is an appearance of conflict.

Mr. John Singleton, president of the SF Building Inspectors' Association, said that the conflict of interest is getting more complicated every year. He said about four or five years ago, Mr. Randy Riddle from the City Attorney's Office gave a seminar regarding this issue. He requested that the same seminar be given again since there are many new employees. Many inspectors do not know how to fill out the Statement of Economic Interest and do not understand why they have to file this form.

President Hood asked if the City Attorney's Office can provide this seminar.

Deputy City Attorney Delventhal said yes. He said that every department is required to have a conflict of interest ordinance identifying which employees are required to file statements.

Mr. Singleton said that this should be a meet and confer issue and requested that the unions be notified of future meetings on this issue.

President Hood said that she will have the unions added on the agenda mailing list.

Mr. Singleton said that minutes of the meetings should also go to the unions.

8.	COMMITTEE REPORT:

a.	Report from the Budget and Organization Committee on the deliberations at the February 12, 1998 Committee meeting regarding the proposed DBI budget for Fiscal Year 1998-1999.

b.	Report, discussion and possible action to provide input to DBI's three-year budget projections for Fiscal Years 1998-1999, 1999-2000 and 2000-2001. A three-year budget projection is being required by the Mayor's Office as part of the submittal for the proposed DBI budget for Fiscal Year 1998-1999.

Commissioner Cereghino referred to Draft 8 of the budget request and said that hopefully it would be the final draft that will be submitted to the Mayor's Office.

Director Chiu said that as a result of the passage of Supervisor Teng's Apartment Unit Conversion Ordinance on Tuesday, DBI has to hire a Senior Housing Inspector to oversee the enforcement of this ordinance. He plans to put this request through as a supplemental budget request. He said that his office has been fine tuning the language on the Executive Summary supporting the budget request, but has not finished it yet. The other change is the entry for a Senior Account Clerk for the Tax Collector's Office to handle the collection of HIS' apartment and hotel license fees.

Commissioner Guinnane said that when this issue came up before the Commission, he had asked several times about the costs. There had never been a discussion that the department has to pay $55,000 for this service. He asked what the department saved by handing the collection over to the Tax Collector's Office.

Director Chiu said that he does not have the figures. He said that the cost will be offset by services provided by the Tax Collector's Office.

Commissioner Guinnane said that the information is computerized. The only expense the department had were the envelopes and the stamps. He asked what the down time is between the collection by the Tax Collector's Office and the department.

Director Chiu said that this collection system was created for efficiency to the property owner. The department did not analyze these factors at the beginning. The total fees collected is about three million dollars.

Commissioner Guinnane asked when the due date is if these fees were collected by the department.

Director Chiu said that the due date was in October.

Commissioner Guinnane said that the fee is now collected with the property tax which allows two installments, in December and in April. He said that the department is losing a significant amount of interest.

Deputy Director Wong said that when the department did the collection, the delinquency rate was about 20%. Through the Tax Collector's Office, the delinquency rate dropped to 1%. He said that the Rent Control Board is paying $100,000 to the Tax Collector's Office for the same service.

Commissioner Guinnane asked about the loss of penalties collected on these delinquencies.

President Hood asked if Commissioner Guinnane wanted a more detailed report on this matter at the next meeting.

Commissioner Guinnane said that he would appreciate more information of it if it is not too much work for staff.

Director Chiu said that he will report to the Commission at the next meeting. Mr. Chiu referred to the department's three year plan and said that the Mayor required all departments to submit a three year plan as part of the annual budget request.

Ms. Paulette Hooey said that there was a change in Professional Services, the amount of $125,000 has been deducted to offset the increases from the previous draft.

President Hood referred to page 24 of the draft and asked if the $25,000 budget for a Code Consultant will be enough.

Director Chiu said that this amount is proposed to cover the services of a part-time consultant.

Ms. Hooey said that there is an additional $45,000 allocated for peer review.

President Hood referred to the Organizational Chart on page 30 and said that the reporting lines were drawn incorrectly.

Director Chiu agreed and said that it will be corrected.

President Hood referred to Penalties-Building Permit on page 6 of the draft and asked why penalties were decreased by 26%.

Ms. Hooey said that the annual revenue was projected based on the penalties collected as of November 30, 1997.

Commissioner Mark said that there might be a difference due to the timing of payment.

Director Chiu agreed. He said that the instruction from the Controller's was that the department has to use annualized revenue figures based on the cut-off date instead of the projected annual revenues in the current fiscal year's budget.

Commissioner Cereghino referred to the Executive Summary and said that the Budget Committee asked the department to match up the Strategic Issues' headings on page 1 with the contents on page 2 and to make them more specific as to their intent. In general, the Executive Summary should list future projects in the order of their feasibility. The Disabled Access Division explanation has to be clearer and expanded. This section should be clear on what happens at the front end. Code enforcement and routine inspections need to be separated in the Housing Inspection Services description. For the performance measures, the Committee asked the department to quantify Administrative Services improvements, for example, the City Attorney's billing, customer services, public input to BIC and public access to information. A three year plan has also been prepared to be part of the budget request.

Director Chiu thanked Commissioner Cereghino and Commissioner Vasquez for their work. He said that this Committee was really detailed oriented.

Ms. Roberta Caravelli referred to page 3 of the Executive Summary and said that there is nothing in place on improving accuracy. The goals are all toward a faster turnaround.

President Hood said that accuracy was included in the Strategic Issues on page 1 of the Executive Summary.

Ms. Caravelli said that the department has to establish procedures instead of wishing for improvements to come.

Director Chiu said that with the exception of unlawful demolition, the department has procedures in place. For a number of years, checklists have been used.

Ms. Caravelli said that the plan checkers are pushing for numbers. There are still many illegal permits being issued.

Deputy Director Hutchinson said that he would be concerned if illegal permits are being issued. However, the Grand Jury Report found that the department was doing a good job.

Ms. Caravelli said asked if there are procedures in place.

Deputy Director Hutchinson said there are procedures in place.

Commissioner Cereghino said that this subject could be agendized for some future time.

9.	Review of Director's performance per goals adopted under the Pay for Performance Program

a.	Public Comment (on all matters pertaining to the Closed Session).

There was no public testimony received at this point in the proceedings.

b.	Possible action to convene a Closed Session.

Commissioner Cereghino moved, seconded by Commissioner Fillon, to convene a Closed Session.

There was no public testimony received at this point in the proceedings.

The motion passed unanimously. [Resolution No. BIC-020.98]

The BIC went into Closed Session from 4:10 to 4:45 p.m.

c.	CLOSED SESSION: Pursuant to Government Code Section 54957 and the

San Francisco Administrative Code Section 67.10(b)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Director of the Department of Building Inspection - Mr. Frank Chiu

d.	Reconvene in Open Session to vote whether to disclose any or all discussions held in Closed Session (Administrative Code Section 67.14(a).)

At Open Session, Commissioner Guinnane moved, seconded by Commissioner Cereghino, not to disclose the details of the discussions held in the Closed Session.

The motion passed unanimously. [Resolution No. BIC-021.98]

10.	Commissioner Inquiries and Review of Communication Items: At this time, the Commission may make inquiries to staff regarding the status of various documents, policies, practices and procedures which are of interest to the Commission and may discuss communication items received since the last Commission meeting.

Commissioner Guinnane referred to page 6 of the Minutes of the BIC Regular Meeting of February 4, 1998, in which Deputy City Attorney Dick said that a large portion of the judgment will go to the department and the rest will go to the General Fund. He said that the department should be entitled to receive all of the settlement.

President Hood said that this matter could be agendized for the next meeting.

11.	Review and approval of the Minutes of the BIC Regular Meeting of February 4, 1998.

Commissioner Cereghino moved, seconded by Commissioner Mark, to adopt the minutes of the BIC Regular Meeting of February 4, 1998 as prepared.

The motion passed with 4 ayes (Commissioner Guinnane abstained). [Resolution No. BIC-022.98]

12.	Discussion and possible action with respect to those items that could be placed on the agenda of March 4, 1998 BIC Regular Meeting and other future meetings.

There was no discussion under this agenda item.

13.	Public Comment: The BIC will take public comment on matters within the Commission's jurisdiction that are not part of this agenda.

There was no public testimony received at this point in the proceedings.

14.	Adjournment.

There being no other business, and on a motion made by Commissioner Cereghino, seconded by Commissioner Guinnane, the meeting adjourned at 4:50 p.m.

The motion passed by unanimous vote. [Resolution No. BIC-023.98]

________________________________

MARIA BANICO

Commission Secretary

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