Building Inspection Commission
BUILDING INSPECTION COMMISSION (BIC)
Department of Building Inspection (DBI)
REGULAR MEETING
Monday, December 18, 2006 at 9:00 a.m.
City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400
Aired Live on SFGTV Channel 78
ADOPTED FEBRUARY 5, 2007
MINUTES
The regular meeting of the Building Inspection Commission was called to order at 10:05 a.m. by President Walker.
1. |
Call to Order and Roll Call – Roll call was taken and a quorum was certified. |
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COMMISSION MEMBERS PRESENTS: |
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Debra Walker, President Criss Romero, Commissioner |
Frank Lee, Vice-President |
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Ann Aherne, Commission Secretary |
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D.B.I. REPRESENTATIVES: |
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Amy Lee, Acting Director Carla Johnson, Acting Deputy Director Wing Lau, Deputy Director Taras Madison, Chief Administrative Officer Bill Strawn, Communications Manager Sonya Harris, Secretary |
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CITY ATTORNEY’S OFFICE REPRESENTATIVES: |
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2. |
President’s Announcements
President Walker asked that she be reminded to close the meeting today in memory of Claudine Woeber who copiously served the Abatement Appeals Board and who had passed away recently.
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3. |
Director’s Report.
a. Update on progress of 1650 move.
Acting Director Lee stated that for the past year and a half the Department has been in negotiations and worked to move the Planning Department out of 1660 Mission Street, in order to get additional space for DBI staff. Ms. Lee said that the move is taking a longer time than anticipated, and Planning is supposed to move in March. Ms. Lee stated that right now there is construction and office tenant improvements going on, and said she hoped the Commission would think of her in 2008 when all of this comes to fruition. Ms. Lee stated that DBI has been working with the Bureau of Architecture and expects a growth of 48% in office space. Ms. Lee said that the Architectural Department is severely understaffed right now, and are trying to staff up to assist DBI with this move. Ms. Lee stated that DBI is probably at the lowest end of the spectrum right now in comparing it with other jurisdictions as far as office space. Ms. Lee mentioned that there would be increased office space for staff that would increase pre-application ability, but said that the big portion of this move is to revamp the Department’s customer intake area. Ms. Lee stated that DBI hopes to start construction in September 2007, and ultimately get staff moved in by January 2008. Ms. Lee said that the project would tentatively cost $30M.
Commissioner Murphy asked Ms. Lee how much it has cost DBI so far to move Planning out. Ms. Lee replied that the cost was $3M to move the Planning Department out of 1660 Mission Street. Ms. Lee stated that the Department has been working on this move for the past year and a half and said that there were some communication problems as it was thought that DBI would be able to vacate1650 completely and that the current space was sufficient but this was the wrong assumption. Ms. Lee said that DBI would continue to occupy probably the first floor of 1650 Mission along with having some staff on the third floor. Ms. Lee said that there are problems with DBI’s ventilation system, so when the Department does the construction the walls will be open and the mechanical systems will be checked as well. Ms. Lee stated the Department would gain approximately 40,000 square feet after the Planning Department moves.
Ms. Lee said that DBI has been working with Planning and other Departments regarding this move and has a staff representative from each Division at DBI involved to give staff input.
President Walker said the Building Inspection Commission and the Planning Commission would be planning a public meeting together in order to get customers to give feedback for the public’s needs and encouraged the public to keep an eye out for that in the months ahead. |
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Public Comment: The BIC will take public comment on matters within the Commission’s jurisdiction that are not part of this agenda. Ms. Gloria Argueta said that she was glad she stayed for the regular meeting to see that there was a forum to convey her sentiments about the Building Inspection Department. Ms. Argueta stated that certain staff at DBI should attend a class in ethics. Ms. Argueta said that it should not become a personal confrontation between the staff and the citizens that have violations. Ms. Argueta stated that DBI staff should set aside their personal sentiments and act ethically at all times, and said that she did not see that happening in the Department of Building Inspection. |
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Update on Joint Meeting with Planning Commission.[President Debra Walker] |
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President Walker said that there was a Joint Meeting with the Building Inspection Commission and the Planning Commission, and thanked staff for a wonderful presentation. President Walker stated that various issues were discussed such as: The process of getting applications and working better with the Planning Department to pre-assess the appropriateness of projects, 311 notices and demolition notices, and joint efforts toward updating both departments’ computer systems. President Walker stated that there was a presentation on seismic issues from Ray Lui, and from Fire Marshall Schulteis that addressed the concerns of both departments working with the Fire Department early on in the processes. President Walker said that she hoped this would result in all of the departments working together and said that there was going to be a follow-up Joint Meeting in six months.
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6. |
Discussion and possible action to review resumes of candidates for the position of Director of the Department of Building Inspection. a. Public Comment on all matters pertaining to the Closed Session. b. Possible action to convene a Closed Session. c. CLOSED SESSION: Pursuant to Government Code Section 54957(b)(1) and the San Francisco Administrative Code Section 67.10(b). d. Reconvene in Open Session to vote on whether to disclose any or all discussions held in Closed Session (Administrative Code Section 67.10(b).
Commissioner Murphy made a motion for a motion, seconded by Commissioner Theriault to convene to Closed Session. The Commission voted unanimously to go into Closed Session at 11:07 a.m. RESOLUTION NO. BIC 060-06
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Discussion and possible action regarding the search for a new Director of the Department of Building Inspection, including setting criteria and establishing guidelines for the search and selection of a new Director. [President Debra Walker] |
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President Walker said that the Commission would be scheduling interviews, as 44 resumes have been received and the Search Firm has 12 candidates. President Walker said that the search firm presented the Commission with a list of 7 candidates out of that 12 that the Commission has decided to interview. President Walker stated that the Commission would attempt to interview the candidates on two different dates, and that she would make sure to work with Secretary Aherne to make sure the meetings are scheduled in accordance with the noticing rules.
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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.
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.
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9. |
Public Comment: The BIC will take public comment on matters within the Commission’s jurisdiction that are not part of this agenda.
Mr. Tony Fu said that he believed he had the right to expose the perjured declarations given by DBI staff in a prosecution case costing taxpayers $4M. Mr. Fu expressed that he thought the project sponsor was treated unfairly by the Department of Building Inspection. Mr. Fu read several declarations made by DBI staff from the Electrical, Building, and Plumbing Inspection Divisions, and stated that Inspectors had made false statements on the declarations. Mr. Fu said that DBI Managers and staff lied before the Commission and said that Commissioners had also lied. Mr. Fu mentioned the following DBI staff during his public comment: Jim Hutchinson, Frank Chiu, Amy Lee, Leo McFadden, Joe Duffy, Paul Ortiz, Steve Panelli, and the Deputy City Attorney. Mr. Fu said that government officials consider themselves above the law and are taking the taxpayers money. Mr. Fu stated that this is organized crime. Mr. Fu urged other citizens of San Francisco to join him in fighting for justice for the decent people.
Ms. Gloria Argueta thanked the Commission for having a forum to state her opinion, and said that she would like to see more ethics and integrity in the Department of Building Inspection, especially with Carla Johnson. Ms. Argueta said that she agreed with Mr. Fu. Ms. Argueta stated that the Department said she did not have a permit when she did and said that DBI staff builds cases to send to the City Attorney so that people are sued for not making minor repairs. Ms. Argueta said that she thought that the City Attorney and the Building Inspection Department should have different representation because it is a conflict of interest. Ms. Argueta stated that ethics are being confused and undermined because DBI and the City Attorney’s Office have to work together to make some earnings or profit out of lawsuits and that is a no-no. Ms. Argueta stated that the City is supposed to represent the people and said that she was very disappointed that it does not. Ms. Argueta said that the City Attorney and the Building Department form an alliance to damage hard-working people, residents, and owners of the houses in San Francisco, and said she thought that this was illegal. Ms. Argueta said she has asked plenty of times to have a different Inspector handle her case because Mr. Andrew Karcs always lied on the reports, and said that the Department never assigned a different person even though Mr. Karcs has been promoted to a supervisor.
Ms. Carla Johnson, Acting Deputy Director, stated that she works for the Department of Building Inspection, but was addressing the Commission as a member of the public. Ms. Johnson said that she really hates to see the public comment portion of this calendar used to personally attack people in her Department that she has a lot of respect for. Ms. Johnson stated that she has confidence in the staff that consistently does the right job, the right way. Ms. Johnson said that any time names of people like Joe Duffy, Andy Karcs, or Ed Sweeney come up or someone makes unfair characterizations she feels like she needs to defend them, because these are fine people that do not deserve this kind of treatment. Ms. Johnson said that she respects that the BIC has a public comment portion and staff wants to hear what DBI’s constituents are saying about what is right and wrong, but said that she felt that it has been used in this case to attack people unfairly. Ms. Johnson said that she wanted to go on record with her statement.
President Walker said that the Building Inspection Commission has to allow people to do public comment and cannot edit what the public says, nor can the Commission verify that what is being said is truthful or accurate, but the Commission has to allow people to say what they want. President Walker stated that the Commission and the Department are focused on ethics and a fair application of the building codes, which is the DBI’s and the BIC’s job. President Walker said that she appreciates the staff’s efforts in that. President Walker thanked Ms. Johnson.
Mr. Henry Karnilowitz said that in all the years he has been involved with DBI, the staff have been very lenient and very willing to work with people and cooperate and try to get things sorted out without going to the City Attorney. Mr. Karnilowitz stated that the cases that were just mentioned are very unusual. Mr. Karnilowitz said that he had a meeting with a potential client the other day and the client had a ream of paper listing violations. Mr. Karnilowitz said that the client asserted that he did nothing wrong, and Mr. Karnilowitz said that he had to tell the client that unfortunately he did. Mr. Karnilowitz stated that in instances like these people try to come to the Commission and say it has something to do with DBI staff when that is not true. Mr. Karnilowitz stated that the staff are doing an excellent job and all these stories are fabrications, and the Commission should not listen to people that do not have evidence behind what they say.
Vice-President Frank Lee stated that after hearing the comments he hoped the staff would not feel too intimidated when these things come up, and said that as long as staff does their job properly and ethically they should not have any worries. Vice-President Lee said that the Commission had asked the Ethics Commission to put a Counselor in the Department and asked if the person had been placed yet. President Walker stated that it has been approved and the Department is in the process of hiring someone. President Walker said that she wanted to reiterate that at public comment anybody can say whatever they want. President Walker stated that if there are issues that staff feel are viable to look at or if the BIC asks staff to follow up on an issue staff have happily done that, but when people come up and make accusations that are groundless the Commission has to let them make them.
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10. |
Adjournment.
President Walker stated that the meeting would be adjourned in memory of Claudine Woeber, the Commission’s former court reporter that worked tirelessly to mark down all of their incessant remarks.
Commissioner Theriault made a motion, seconded by Vice-President Lee that the meeting be adjourned.
RESOLUTION NO. BIC 063-06
The meeting was adjourned at 12:28 p.m.
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Respectfully Submitted,
Ann Marie Aherne |
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SUMMARY OF REQUESTS BY COMMISSIONERS |
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Agendize setting up a sub-committee of BIC Commissioners to follow up with Joint Planning Commission and Building Inspection Commission meeting issues. – Commissioner Murphy |
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The Building Inspection Commission would be scheduling interviews for the position of Permanent Director. – President Walker. |
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Commissioner Theriault made a motion to form a subcommittee to conduct the interviews in case the full Commission quorum can not be met. – Commissioner Theriault. |
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President Walker requested an update about the Joint Planning & BIC Meeting. – President Walker |
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President Walker said that the Commission would hear the budget in January. – President Walker |
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Secretary Aherne said that in January there may also be Abatement Appeals Board cases to be heard. – Secretary Aherne |
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