2.

3.

Acting Director Hutchinson said he wanted to report on emergency preparedness because the Department sometimes forgets that it is mandated to be prepared in the event of a disaster or emergency.   Mr. Hutchinson said that earthquakes are not the only disasters that the Department deals with and mentioned that in the past DBI dealt with a tower crane that came down a few years ago in downtown San Francisco, along with landslides, fires, and so on.  Mr. Hutchinson thanked Zan Turner who recently retired from the Department of Building Inspection and was with the Department for over 15 years.  Mr. Hutchinson stated that Ms. Turner started in 1989, during the time of the earthquake, and for many years after helped lead the way and kept the Department focused to handle the emergency preparedness for the City and the Department.  Mr. Hutchinson said he appreciated Ms. Turner’s contributions and that Building Inspector Ronald Tom and Senior Electrical Inspector Vernon Takasuka had assisted Ms. Turner.

Mr. Hutchinson stated that with Ms. Turner’s departure, a good part of both of their Mr. Tom and Mr. Takasuka’s duties would be to continue with this work because the Department still holds ongoing training. Mr. Hutchinson said that there has been office space allotted on the third floor for emergency preparedness and said it was his hope that the Department could centralize a lot of its vehicle keys and other supplies there.   Mr. Hutchinson stated supplies have been coordinated throughout the building and DBI continues to make sure that the Inspector’s cars are equipped with hand-held radios in working order because the radios are the primary response system for inspectors.   Mr. Hutchinson stated that the City relies on hand-held radios, so the Department ensures that cars have radios and chargers and that the employees are trained how to use them.  President Santos asked what sort of interface the Department has with the office of emergency resources.  Mr. Hutchinson said throughout the year the Department has periodic safety drills and there is usually a citywide drill in April on the anniversary of the great quake. 

Vice-President Hood stated that in the case of the World Trade Center there was a huge problem with coordination between people, and said that she knows that sometimes DBI has to coordinate with the Police and Fire Departments.   Vice-President Hood said that this is important when situations occur such as firemen getting people out of elevators without knowing how safe a building is structurally.  Vice-President Hood asked if the radio system is one that is shared by all the emergency personnel.  Mr. Hutchinson replied that this is a citywide system that is used by all Departments in an emergency. Vice-President Hood asked where the tower was for this system.  Mr. Hutchinson said he thought it was part of the Sutro Tower.  Vice-President Hood requested that Mr. Hutchinson find out about this in case an emergency occurs.  Mr. Hutchinson stated he would bring Inspectors Ron Tom and Vernon Takasuka to a future meeting to discuss the Department’s preparedness issues.

b.   Report on DBI’s Supplemental Appropriations Request.

Mr. Hutchinson said he wanted to make the Commission aware that he had not forwarded any attachments for this item because the Department is in the process of putting together a supplemental request.   Mr. Hutchinson stated that his intent is to go ahead with the City’s projects as was discussed at the last meeting, but the Department needs additional staff especially for the Bayview Hunters Point Project.  Mr. Hutchinson said given the mandates, as was mentioned earlier by the public as part of the Abatement Appeals Board, about having staff do a better job with the turn around time for the 3-R Reports and microfilm requests the Department really needs to be full staffed.  Mr. Hutchinson stated that he is working with Supervisor Daly’s office to put together a supplemental request to make sure the Department can provide its customers with the information they need when purchasing properties.  Mr. Hutchinson said that the Department would like to go into the Bayview Hunters Point project fully staffed and able to assure the timeliness of the project, so this is why a supplemental appropriations request is being prepared.  Commissioner Guinnane stated that the 27 vacancies that were open in the Department have been approved except for one.  Mr. Hutchinson said this was correct.

Commissioner Guinnane asked if the supplemental would be for 16 over and above for Hunters Point, which laid out the actual individuals.   Mr. Hutchinson said that he would like to look at the 11 individuals that have been serving as temporary employees who are limited to a six-month duration.  Mr. Hutchinson stated that a lot of these temporary employees are needed on a day-to-day basis, primarily in Manager Patty Herrera’s section, the Public Services Division.  Mr. Hutchinson said that typically the “powers that be” request the Department to make do with temporary staff but the Department needs them as permanent positions.  President Santos asked if Mr. Hutchinson was working with Assistant Director Lee as well as interfacing with Supervisor Daly.  Mr. Hutchinson said that was correct.  President Santos asked what was Supervisor Daly’s involvement in regard to the appropriation levels, and asked if Supervisor Daly was in charge of a committee that deals with this issue.  Mr. Hutchinson said yes, it was his understanding that the Department was looking for someone on the Board to introduce this and help with the process.  President Santos thanked Acting Director Hutchinson for his report. 

4.

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 comment.

5.

Discussion and possible action by the Commission to adopt an Ordinance introduced by Supervisor Aaron Peskin (File 041577) amending Section 3407 et seq., to amend the definitions of Clearance Inspection, Containment and Barrier Systems, and Prohibited Practices; to clarify scope of prohibitions on the removal or disturbance of lead-based paint; to specify where signs noticing lead work must be posted, to make further minor technical corrections to the work practices program for lead-based paint disturbance and removal; and to make findings in accordance with California Health and Safety Code Section 17958 as to the local climatic, topological and geological reasons for amending the State Building Code.

Acting Director Hutchinson said that the Commission previously approved the interior lead work practices legislation and that the meeting package contained a letter from the Clerk of the City Services Committee, Gail Johnson.  Mr. Hutchinson stated that there was a synopsis of what the changes are to this legislation, which was all technical in nature.  Mr. Hutchinson said that the publisher contacted the Department during the printing of the legislation that the Commission had passed making it part of the Code and there were some questions.  Mr. Hutchinson stated that after looking at the questions, Louise Kimbell found some technical matters and the Department asked Supervisor Peskin to help with making these minor adjustments.

There was no public comment on this item.

President Santos made a motion, seconded by Vice-President Hood to approve the legislation.  The motion carried unanimously.

RESOLUTION NO. BIC

6.

Review of Communication Items.  At this time, the Commission may discuss or take possible action to respond to communication items received since the last meeting.

a.

Copy of letter dated December 9, 2004 from Acting Director Jim Hutchinson to Ms. Lydia Ely, Project Manager of Chinatown Community Development Center regarding request for fee deferral/deferment at 665 Clay Street.

Commissioner Guinnane asked what the response was to Acting Director Hutchinson’s letter on the deferral of the fee.  Mr. Hutchinson reported that he had not received a response yet, but said that Deputy Director Tom Hui assured him that the filing was made and all the appropriate fees were paid.  Mr. Hutchinson said that it has been part of his policy as Acting Director to make sure that the Department tries to comply with the Controller’s audit and to have a level playing field for everyone.  Mr. Hutchinson said that this is a policy he is using to make sure that fees are paid when they are due, without making special exceptions.  Commissioner Guinnane said that he thought this was a good policy and asked Mr. Hutchinson what the fee was for this project.  Mr. Hutchinson apologized and stated that he could not give Commissioner Guinnane an exact amount for the fee.

b.

Copy of letter dated December 13, 2004 from Chief Housing Inspector Rosemary Bosque to Wai-Fong Cheung of DBI regarding a refund check to be issued to Gloria Argueta for Abatement Appeals Board Filing Fee.

There was no discussion or public comment on Item 6b.

c.

Copies of thank you letters regarding DBI employees and response letters sent by the Director’s Office.

President Santos asked for the names of the employees who were commended in these letters. Mr. Hutchinson said that there was one letter written for Chief Building Inspector Laurence Kornfield.  President Santos stated that if someone gets recognition from the public the Commission would also like to recognize them during the meeting.

President Santos asked if there was any public comment on Item 6c.  There was no public comment.

7.

Review Commissioner’s Questions and Matters.

a.      Inquiries to Staff.  At this time, Commissioners may make inquiries to staff regarding various documents, policies, practices, and procedures, which are of interest to the Commission.              

Commissioner Guinnane asked Acting Director Hutchinson how the Department does a story count on a property.  Mr. Hutchinson said the story count is defined through the Building Code and it makes allowances for a level site, and a downhill or a sloping site.    Mr. Hutchinson stated there was also some code analysis from the ICBO, and asked Deputy Director Hui to elaborate on this.  Mr. Hui said it is difficult to describe how to count a story in one or two sentences.  Mr. Hui stated that if you start counting from the level lot, it is easy to count from the floor to the finished level, but if you start from a sloping lot you have to refer to the UBC Commentary Handbook, and this would involve a very detailed discussion on how to define a story count.  Mr. Hui said that there are two issues regarding whether or not there is a basement.  Mr. Hui stated there is a review and if it is over 13 feet, then it would count as a story or if it is more than 60% of the 6 feet from the grade to the finished floor, then it would count as a story.  Mr. Hui said that he hoped this was a clear explanation but certain items could be clarified by looking at each individual project.  Commissioner Guinnane asked if there was a maximum height on a floor that would keep it at one floor or what would happen if you go over a certain height, such as 20 or 22 feet, with a mezzanine.  Commissioner Guinnane also inquired if there was anything in the code that states this.  Mr. Hui said that this is a bit complicated because a mezzanine is not counted as a floor but it is open to the room below and there is a height limit. 

Vice-President Hood said that if there is a loft and the mezzanine is no more than a third of the first floor it would not be counted as a story.  Vice-President Hood asked when does it become two stories if a portion of it is too high.  Mr. Hui said that neither code has this information for interpretation.  Mr. Hui stated the code does not specify the height, even if someone mounted the pole level of the mezzanine.  Mr. Hui explained further about multiple levels, structural restrictions, mezzanines, etc. and in conclusion said that as far as he knew there is no such height limit and it becomes a Planning restriction at that point.  Commissioner Guinnane said he thought that the property at 160 Castenada is over one-third in the mezzanine, and said he thought the property was six stories.  Commissioner Guinnane stated that one could probably be excluded and it would still be five stories.  Commissioner Guinnane said that he was trying to figure out how this got approved.  Commissioner Guinnane asked Acting Director Hutchinson to report back on this issue.  Mr. Hutchinson said he would verify the address and then look at the plans.

President Santos asked if there was any public comment on Item 7a.  There was no public comment.

b.     Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Building Inspection Commission.

Vice-President Hood said that she wanted to review the Department’s progress on getting the staff appropriations approved wanted to make sure that the Department is doing everything possible to have those people lined up to hire as soon as the money has been appropriated.  Vice-President Hood stated that the backlog holding up permit approvals is really unfortunate and the Department should do everything it can, given the limitations that have been placed, to get it going.  Commissioner Guinnane said he did not think there was any issue with the actual funding of these positions, but the Department is just waiting on approval from the Mayor’s Office.  Mr. Hutchinson said that the funding should not be a problem; it would just be DBI working with DHR to do the testing and getting the bodies on board.  Vice-President Hood said that perhaps the Department could contact Heather Hiles, who is working for the Mayor’s Economic Implementation Committee, and possibly get her to help with DHR. 

Secretary Ann Aherne asked the Commission if there would be a meeting on January 3^rd, and mentioned that after that the next regular scheduled meeting would be January 17^th, which is a holiday. Secretary Aherne said room 416 is available for January 10^th.  Commissioner Guinnane asked what was going to be on the calendar for January 10^th.  Secretary Aherne stated that the Commission would be hearing the budget and also items from Mr. Kelly.  President Santos asked if Mr. Kelly was going to be discussing the homeless shelter and Secretary Aherne replied yes.  Commissioner Guinnane asked if there was going to be a Director’s appeal on an emergency order.  President Santos said there might be an appeal on 12^th Avenue.  Commissioner Ting stated that he agreed with Commissioner Guinnane because the Commission was told that this meeting was rather important, but in looking at agenda aside from the Abatement Appeals Board, there really was not that much on the agenda.  Vice- President Hood said she really thought it was the Abatement Appeals Board that was important today. 

Mr. Hutchinson confirmed that the Abatement Appeals Board was the main reason for the meeting, and said he tried to schedule this for the last meeting, but there was one property owner who could not make it.  Vice-President Hood stated the Abatement Appeals Board might be an issue for the January 10^th meeting as well.  President Santos, Commissioner Guinnane, and Mr. Hutchinson discussed whether or not there would be a need for a meeting in January. President Santos said that he would discuss this with Mr. Hutchinson and if no items are scheduled all the meetings might be cancelled. 

President Santos asked if there was any public comment on Item 7b.  There was no public comment. 
 

President Santos made a motion, seconded by Commissioner Guinnane to approve the minutes.  The motion carried unanimously.

10.

Adjournment.

Commissioner Guinnane made a motion seconded by President Santos, that the meeting be adjourned.  The motion carried unanimously.

RESOLUTION BIC NO. 07-04

The meeting was adjourned at 11:05 a.m.

Respectfully Submitted,



________________________
Ann Marie Aherne
Commission Secretary