Building Inspection Commission (BIC)

Regular Meeting of January 7, 1998

Adopted January 21, 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 1:15 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

Sigmund A. Freeman, Commissioner	Eileen Hansen, Commissioner

George Tsang, Commissioner	Armando Vasquez, Commissioner

Maria Banico, Commission Secretary

COMMISSION MEMBERS ABSENT:

Roy Guinnane, Commissioner	(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

CITY ATTORNEY'S REPRESENTATIVE:

Ilene Dick, Deputy City Attorney

2.	President's Report.

President Hood welcomed Commissioner Mona Cereghino who was appointed by Board of Supervisors President Kaufman to fill the Tenant Seat position vacated by Mr. Jamie Sanbonmatsu.

Commissioner Hansen announced that she has asked President Kaufman not to consider reappointing her for another term. This might be her last meeting since she will be out of town for the next BIC meeting. She said that it had been a great pleasure to serve on this Commission. Commissioner Hansen thanked her fellow Commissioners especially those who served since the beginning of this Commission. She also thanked Commission Secretary Banico whose proactive work was a great help to the Commission's efforts, Deputy City Attorney Dick who had been a resource and provided tremendous support to this Commission, and Department staff for their efforts in making this department a model department in the City.

Commissioner Vasquez thanked Commissioner Hansen. He said that this Commission will miss her and he hopes to receive continuing input from her in the future.

3.	Director's Report.

Director Chiu welcomed Commissioner Cereghino. He thanked Commissioner Hansen for her dedicated work and efforts, in particular her active role in the Budget Committee and in trying to diversify the department's personnel. He said that her leaving is a great loss to the Commission and the department.

Director Chiu reported on the recent court judgment against the property owner of 387 South Van Ness Avenue awarding $777,500 in penalties. He said that this is the highest amount awarded on a code enforcement case. He thanked the Commission for its guidance, DBI staff, and the City Attorney's Office for their efforts in this case. He hopes that this judgment sends a clear message to property owners who do not abide by the law.

Commissioner Hansen thanked Director Chiu for his efforts in this case. She said that this is the kind of work that she is most proud of. She said that she would like to publicly thank staff who were involved in bringing this case to court.

Director Chiu said that the department is planning to recognize those who were involved in this case particularly Chief Housing Inspector Lesley Stansfield and her staff.

Commissioner Vasquez commended the department and the City Attorney's Office for this landmark decision.

President Hood said that former Commissioner Sanbonmatsu gave strong input to bring this case to court.

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 testimony received at this time in the proceedings.

On a motion made by Commissioner Vasquez, seconded by Commissioner Tsang, the BIC meeting adjourned at 1:31 p.m.

The motion passed by unanimous vote. [Resolution No. BIC-001.98]

5.	Joint meeting of the Building Inspection Commission (BIC) and the Code Advisory Committee (CAC) to report, discuss and possibly act on:

a.	Report and review of the policy adopted by the Building Inspection Commission at its Regular Meeting of November 19, 1997 to define the role and scope of duties of the Code Advisory Committee;

b.	Discussion and possible action on the recommendations adopted by the CAC at their December 17, 1997 meeting;

c.	The status report from the CAC covering the period from June 19, 1996 to present;

d.	Report on the response to the announcements to professional organizations and other interested persons, seeking applicants for vacancies on the BCAC;

e.	Discussion on the development of a work plan regarding the 1998 San Francisco Building Code.

The minutes of this item is transcribed separately under Minutes of the BIC and the CAC Joint Meeting.

The Building Inspection Commission resumed its adjourned meeting at 3:12 p.m.

6.	Report, discussion and possible action to recommend that the Board of Supervisors adopt a proposed ordinance promulgating the scope of and procedures for appeals to the Building Inspection Commission pursuant to Section 3.750-4 of the City Charter.

Deputy City Attorney Dick referred to the draft ordinance in the packet and said that these had incorporated the discussions at the last BIC meeting. There are two draft ordinances being proposed. The first ordinance is to amend the San Francisco Administrative Code by adding Chapter 77 and the second ordinance is to amend Section 105.1 of the San Francisco Building Code which affects the Board of Examiners's authority to review appeals.

Commissioner Hansen thanked Deputy City Attorney Dick for redrafting the proposed ordinances. She said that the amended drafts addressed all the concerns discussed in the last meeting.

Commissioner Hansen moved, seconded by Commissioner Vasquez for discussion, to recommend that the Board of Supervisors adopt the proposed ordinances as written.

Commission Secretary Banico referred to Section 77.4(b), third line and said that "designs" should be added after "new materials, new methods."

Deputy City Attorney Dick said that the addition will affect Section 105.1.5 of the San Francisco Building Code.

President Hood said that she agreed with Ms. Banico.

Deputy City Attorney Dick said that the Board of Examiners is the required Board of Appeals under the California Building Code. She would look into their code before making this change.

Commission Secretary Banico said that there was a reference in the previous draft on the Department of Public Works sidewalk and encroachment permits which was deleted in this draft. She said that there should be a cross reference for clarification purpose.

Deputy City Attorney Dick said that it was provided in Section 77.3(a).

Commission Secretary Banico referred to last sentence on page 6, Section 77.10(b) and said that it provides two noticing timelines. She suggested using one timeline.

Commissioner Hansen concurred.

Commissioner Freeman asked if the noticing requirements refer to calendar days.

Deputy City Attorney Dick said yes unless specified otherwise.

Ms. Roberta Caravelli said that the Commission should do a conscientious review of the ordinances before sending these to the Board of Supervisors for adoption. She requested that the Commission think about what happens when the Director refuses to write a determination and what recourse the public will have. In April 1996, when the first draft of legislation was issued, it was stated that upon receipt of a request, the Director should issue an administrative determination within 15 days. She also asked about how people are going to know that they can appeal administrative determinations to this Commission. She said that Part 3 of the San Francisco Municipal Code covers the appellate powers of the Board of Permit Appeals and Section 6 requires that the public be notified of their right to appeal.

Commissioner Hansen asked Ms. Caravelli for clarification on what has been dropped out in the proposed ordinance.

Ms. Caravelli said that there should be a section which states that the director has to respond within 15 days. If there is no response, people can appeal to this Commission. She asked if the Commission was sure that the directors will issue administrative decisions if there is no legal mandate. She said that the proposed ordinance is too specific on some issues, however, it does not deal with many issues. She suggested that the Commissioners read the provisions for the Board of Appeals.

Commissioner Vasquez said that Ms. Caravelli raised interesting points. He said that he does not know enough of how the department issues administrative determinations.

President Hood said that if no determinations have been issued, there will be no appeals. She asked how the department could be forced to issue a determination.

Deputy City Attorney Dick said that what Ms. Caravelli wanted was a language that states that the directors must respond to a written request for interpretation within 15 days.

President Hood concurred and directed Deputy City Attorney Dick to add the language.

Commissioner Vasquez asked if 15 days was adequate time to respond.

Director Chiu said that he could not respond for the Department of Public Works or the Water Department. He said that the DBI needs more time to respond.

Deputy City Attorney Dick said that the Commission needs to be really clear. There needs to be a limit. She said that the Commission needs to come out with some kind of qualifying parameters.

President Hood said that it would be a good idea.

Commissioner Hansen said that this is a big issue, it is not only the timing question. She asked whether it is appropriate to put the requirement to respond in the proposed ordinance. She is concerned that there will be a lot of requests. She did not think that she was ready to insert the language that would compel the departments to respond.

President Hood said that the notices of the Planning Commission and the Board of Appeals state very clearly that people have the right to appeal the decision. She said that she was having trouble getting a mental grasp of the BIC's appellate powers. The Planning issues are more subjective and building code issues are far less subjective. She said that she wanted people to know their rights to appeal, yet she did not want to get too many appeals.

Deputy City Attorney Dick said that the right to appeal belongs to people who have requested administrative determinations. She said that she could add a section that states all determinations are appealable to the Building Inspection Commission within 15 days and this should be printed at the bottom of the administration determination.

Ms. Caravelli said that this addition only covers a part of the problem. It does not speak to those who do not get determinations or do not know they can request a determination. She did not think that the Commission will be overwhelmed with appeals. She wanted people to know their right to appeal. She was not sure of scope of jurisdiction to be able to suggest how to provide adequate notice.

President Hood said that she was not sufficiently aware of how the directors of DPW or the Water Department feel about the BIC inserting this language.

Ms. Caravelli said that the Commission could take the time to find out how departments will respond to a request. She suggested that the BIC also take time to review specifications, such as page 4 line 12. She said that the BIC was established for recourse, remedy and relief. There are gaping holes and a lot of requirements that are too specific in the draft ordinances.

Commissioner Vasquez said that the Commission should first find out DPW and the Water Department's procedures in responding to a request for a written determination.

Deputy City Attorney Dick suggested that the BIC write letters to DPW and the Water Department informing them that the Commission is considering code language that requires them to make a determination and ask for their opinion on the proposed ordinance. She said that there is a legal question, whether or not Charter Section D3.750-4 states that this Commission can not hear appeals when there are no determinations made. The language was written in the affirmative of when determinations are made, not when no determinations are made.

President Hood said that it was clear that there are outstanding issues which need to be pursued further.

Commissioner Hansen asked how close the Commission was to finalizing this ordinance. She said that there was an important point that has not been resolved. The Commission does not want to put language that requires the department to respond to requests for written determinations. On the other hand, the Commission wants the public to be aware of their rights to appeal. She said that the notification issue has been resolved by Deputy City Attorney Dick. She asked if there are any other issues which need to be resolved.

President Hood referred to page 8 and said that it could be simplified by stating that "the BIC shall designate a licensed stenographic reporter to serve as the stenographer." She referred to Section 77.7 and said that the first sentence should read as "... on a form prescribed by the BIC or by answering themselves the following questions ..." She referred to Section 77.11 and said that the section title "... being ..." should be written as "... Being ..." President Hood said that the Commission is close to being able to finalize the ordinance, but needs to get more information from other people to resolve this issue.

Commissioner Hansen withdrew her motion and suggested that this item be calendared for the next meeting to resolve this outstanding issue.

President Hood referred to the draft ordinance concerning the Board of Examiners (BOE). On page 2, item #3, she said that it was determined earlier that the CAC was the body which will determine reasonable interpretations of the code on technical matters. She said if the BOE also makes code interpretations and their decision is final, this will create a conflict. She said the BIC should retain jurisdiction on code interpretations.

Deputy City Attorney Dick said that the decision of the BOE is binding on the director for that specific case, it does not have precedential value because the BOE makes determination on a case by case basis. The CAC looks at a broader application of the code.

President Hood suggested adding "on a specific project" at the end of item #3.

Deputy City Attorney Dick concurred.

President Hood referred to page 4, item #4.

Deputy City Attorney Dick said that the Commission needs to calender this item at the next meeting since it is not related to the BIC's Appellate Powers.

Commissioner Hansen said that the Commission might want to review the whole BOE ordinance.

Deputy City Attorney Dick said that if the discussion is related to the BIC Appellate Powers, this can be discussed.

Commissioner Freeman asked if the BOE's determination becomes precedent and if this is written in the code.

Deputy City Attorney Dick said that it is binding on a specific case.

Director Chiu said that the department waits for three or four similar cases before issuing any code ruling or policy on a BOE decision.

7.	COMMITTEE REPORT:

Report by the BIC Ad-hoc Committee on Unlawful Residential Demolition on the progress to date, including but not limited to, the items discussed and acted upon at the Committee's meeting of December 9, 1997.

Commissioner Freeman reported that at the Committee's meeting of December 9, 1997, representatives from the Planning Department did not show up. He said that before making any determinations, the Committee wants to hear from the Planning Commission and Department. The Committee is trying to solicit input from the city staff and the public. There were 16 cases presented by DBI staff. Per public testimony there are about 400-600 cases per year. This is a huge disparity.

Commissioner Vasquez said there is a need to figure out how to get the Planning Commission and Department to attend the Committee meetings.

President Hood said that she understands that the Planning Department has been trying to avoid this issue. She said that the Committee may need a fall back position or may need to take a precipitating action.

Commissioner Vasquez said that the Committee will invite the Planning Department one more time, then discuss other options without their participation.

Commissioner Freeman said the Committee has been getting different signals from different people. He wants to get to the bottom of the matter.

President Hood thanked Commissioner Freeman and Commissioner Vasquez for their efforts on this issue.

8.	Report, discussion and possible action on the proposed budget of the Department of Building Inspection for Fiscal Year 1998-99, including but not limited to:

a.	Discussion to provide input to the Department regarding the Commission's plans or proposals for the upcoming fiscal year. Department staff will prepare a draft of the 1998-99 budget for public hearing at a subsequent meeting of the Building Inspection Commission.

Commissioner Hansen said that she understood that the Commission would have a draft budget prepared by the Department for this meeting.

Director Chiu referred to the charts distributed at the beginning of the meeting and said that there had been a ten percent workload and valuation increase per year in the last three years. As a result, there has been requests department-wide for 48 additional staff for Fiscal Year 1998-99. Management has approved 30 additional staff incorporated in the draft budget.

Commissioner Hansen said that the Commission has tentatively scheduled public hearings on the budget for January 21st and February 4th. She asked Director Chiu if these dates are possible.

Director Chiu said yes.

Commissioner Vasquez asked at what stage the actual budget draft was at.

Director Chiu said that Ms. Paulette Hooey has an actual draft.

Commissioner Vasquez said that it would be useful to have a summary of last year's buget, staff's requests with their justifications, the director's recommendations and the reasons for those recommendations. He said that the timing is critical and getting tight.

Commissioner Hansen said that the Committee needs to receive a copy of last year's budget, the proposed budget for next year with highlights, and the initial staff's requests with their justifications as requested by Commissioner Vasquez.

President Hood said that last year the Commission did not accurately assess the increase in services of the City Attorney's Office due to the increase in the activities of the Disability Access Division and other code enforcement cases. She said that the Commission should be able to reflect this increase in a reasonable budget.

b.	Possible action to reorganize the Ad-Hoc BIC Budget and Organization Committee and schedule Committee meetings to review the department's budget proposal for Fiscal Year 1998-99. The Budget and Organization Committee will report and present recommendations to the full Commission prior to finalizing the budget proposal.

Commissioner Hansen suggested that the Commission reconstitute the Budget and Organization Committee. She declined appointment to this Committee.

Commissioner Vasquez said that he is willing to be in the Committee.

President Hood suggested that Commissioner Cereghino serve as a member of the Committee.

Commissioner Cereghino assented.

Commissioner Vasquez recommended that Commissioner Guinnane be the third member of the Committee.

President Hood said that Commissioner Guinnane may not have recovered yet from his surgery.

Commission Secretary Banico said that the Commission may nominate Commissioner Guinnane as member of the Committee. If Commissioner Guinnane is unable to attend, the Committee will still have a quorum.

Commissioner Freeman moved, seconded by Commissioner Hansen, to reorganize the Ad-Hoc BIC Budget and Organization Committee with Commissioner Vasquez and Commissioner Cereghino as members and Commissioner Guinnane as an optional member if he is able to attend the Committee meetings.

The motion passed by unanimous vote. [Resolution No. BIC-003.98]

9.	Election of interim officers consisting of the President and Vice-President of the Building Inspection Commission. Pursuant to Section 2.03 of the Rules, Resolution, Policies and Procedures (RRPH), the Commission may elect interim officers during this meeting. Such interim officers shall serve in their elected capacities until the Regular Meeting of February 5, 1997. If the Commission determines not to hold interim elections, pursuant to Rule 2.03, the current officers continue to serve until successors are elected.

Commissioner Freeman moved, seconded by Commissioner Tsang, not to hold an interim election at this time.

The motion passed by unanimous vote. [Resolution No. BIC-004.98]

a.	Discussion and possible action to direct the Commission Secretary to carry out procedures to institute a rule change that would eliminate elections of interim officers.

Commissioner Freeman moved, seconded by Commissioner Tsang, to carry out procedures to institute a rule change that would eliminate elections of interim officers.

The motion passed by unanimous vote. [Resolution No. BIC-005.98]

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 Vasquez said that he will set the Committee meeting date with Secretary Banico. He requested a copy of the draft budget as soon as possible.

11.	Review and approval of the Minutes of the BIC Regular Meeting of December 17, 1997.

Commissioner Freeman moved, seconded by Commissioner Tsang, to approve the Minutes of the BIC Regular Meeting of December 17, 1997 as prepared.

The motion passed by unanimous vote. [Resolution No. BIC-006.98]

12.	Discussion and possible action with respect to those items that could be placed on the agenda of January 21, 1998 BIC Regular Meeting and other future meetings.

President Hood said that the budget and the appellate powers ordinances should be calendared for the next meeting.

Commissioner Hansen asked that the conflict of interest be scheduled as soon as the Commission receives a report from the City Attorney's Office. She also requested that the Commission hold discussions on the Glass Ceiling Report from the Commission on the Status of Women.

President Hood suggested that these items be calendared for the meeting of March 1998.

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 Vasquez, seconded by Commissioner Tsang, the meeting adjourned at 4:50 p.m.

The motion passed by unanimous vote. [Resolution No. BIC-007.98]

________________________________

MARIA BANICO

Commission Secretary

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