Building Inspection Commission (BIC)

Regular Meeting of February 4, 1998

Adopted February 18, 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 1:20 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	Armando Vasquez, Vice-President

Mona Cereghino, Commissioner	Alfonso K. Fillon, Commissioner

Sigmund A. Freeman, Commissioner	Sharon Mark, Commissioner

Maria Banico, Commission Secretary

COMMISSION MEMBERS ABSENT:

Roy Guinnane, Commissioner

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.

a.	Presentation of certificates of appreciation to Commissioner Eileen Hansen and Commissioner George Tsang and for their service and tenure as members of the Building Inspection Commission.

President Hood presented a certificate of appreciation to Commissioner Hansen and read out the many accomplishments achieved by Ms. Hansen during her tenure as a Building Inspection Commissioner.

Ms. Hansen thanked the Commission, the City Attorney's Office, Commission Secretary Banico, Director Chiu, Deputy Director Hutchinson, Deputy Director Wong, and Deputy City Attorney Dick for their assistance to her. She said that it has been a pleasure and honor to serve as a representative of the public. She wished that the Commission will continue to carry out the mandate of Proposition G to be accountable, honorable, and fair in representing the public and the residents of the City of County of San Francisco. She said that it is this Commission's responsibility to share their power with people of this City. The Commission should assist people who have the least power and put them at the top of the Commission's priority list. The BIC should continue to concern themselves on issues of code enforcement, lead abatement, customer service and tenant issues.

President Hood presented a certificate of appreciation to Commissioner Tsang and read out his accomplishments during his tenure as a Building Inspection Commissioner.

Mr. Tsang thanked the Commissioner and the department who he said were easy to work with.

Commissioner Vasquez said that he appreciates the work Ms. Hansen has done for this Commission, especially budget review. This Commission will continue to see the effects of her work for many years to come.

Ms. Hansen also conveyed her thanks and appreciation to former Commissioner Jamie Sanbonmatsu for his leadership.

Mr. Sanbonmatsu commended Ms. Hansen especially for her involvement in the Ambassador Hotel.

3.	Director's Report.

Director Chiu reported that as a result from Monday storm, about a dozen slides have occurred. DBI has responded to most of the slides. Most slides have resulted only in minor damage, except for the apartment building at Warren Drive. The occupants had to be evacuated and were allowed to move back last night. Staff has been assigned to monitor the situation.

President Hood said that the problem seems to be coming from old sewer pipes. There should be a long term maintenance commitment from the Department of Public Works. She likened this problem to a bomb ready to explode. Whenever such problems happen, DBI has to inspect the site and deal with the situation. She said that DPW should have a long term plan to replace the antiquated systems.

Director Chiu said that he does not know yet the exact cause of the slide on Warren Drive, whether it is weather related or caused by the sewer. The other slides were not related to sewer system problems.

President Hood asked if the sinkhole near Lake Merced is drainage related.

Director Chiu said no. However, last year's slides on Seacliff and Pacific Avenue were sewer related.

President Hood said that she would like to follow up and talk about future plans with DPW.

a.	Report on DBI's progress to date on carrying out the approved work plan and strategies regarding window bars.

Deputy Director Hutchinson said that Mr. Laurence Kornfield of the Technical Service Division is tied up with his division moving to 1650 Mission Street. He summarized the work accomplished in the last 30 days:

Staff has been more pro-active in working with other cities, attending ICBO meetings;

Initiated a survey on window bars and gates compliance by requesting building inspectors to fill out survey forms while doing inspections;

A brochure on window bars and gates has been drafted and is waiting for Director Chiu's review;

Prepared a draft affidavit form for property owners to use tonotify DBI about building complaints;

Prepared draft revisions to the code including a revision to the Housing Code related to 3R notification on window bars and gates requirements.

Deputy Director Hutchinson said that Supervisor Newsome is planning to introduce a resolution at the Board of Supervisors urging DBI and other agencies to develop a financial program on window bars and gates.

President Hood asked if the department has a handout or a demonstration model of safe window bars to show walk-in customers.

Deputy Director Hutchinson said that the department has a demonstration model which has been used during outreach events. He said that the brochure will be printed in several languages.

President Hood said that there are several models available in the market. Models with releases are more expensive. She asked how the department can encourage people to buy the right models.

Deputy Director Hutchinson said that the department has been proactive with the industry to make sure that they are selling the right product.

Commissioner Freeman said that the brochure should have a diagram.

Commissioner Cereghino asked why the manufacturers sell unsafe models.

Deputy Director Hutchinson said that it is not illegal to sell these models. These models can be installed in non-sleeping rooms such as dining rooms and kitchen. Customers buy these models for the entire house and install them even in bedrooms. He said that the department is planning on posting information materials in the stores. This was done with the lead paint program.

Director Chiu said that the State is working on legislation requiring window bars and gates manufacturers to put warning labels on their products.

President Hood said Commissioner Cereghino raised a good point because once these bars were sold, there are no controls. It will be very difficult to monitor if both models are sold.

Director Chiu said that staff is also looking at sleeping arrangements such as mattress, bedrolls, etc. in the dining rooms or living rooms while doing inspections to advise residents of the danger of sealed windows and gates.

Commissioner Vasquez said that this situation happens most frequently in low income households in high crime areas. The department should focus on these tenants. They are difficult to reach. DBI should figure out how this information will be made available to them. People with low incomes do sleep in living rooms or dining rooms and the units are often overcrowded. When doing their inspections, the inspectors should make sure that window bars are a part of the discussion. He said that the brochure should be designed to be more user friendly.

In response to Commissioner Cereghino's question, Deputy Director Hutchinson said that the brochures will be distributed to the community groups during outreach events and will be available in the DBI offices. It will also be posted in the department's Web site.

Commissioner Vasquez said that distributing the brochures through community groups is a good way to get the information to public.

Director Chiu said that the department might also do a press release similar to the Code Enforcement Outreach Program and advertise on billboards.

Commissioner Cereghino said that another issue is how to get landlords to distribute this brochure/information to their tenants.

Director Chiu said that in the coming DBI outreach in Chinatown, the department via Wallgreen's, will give out 350 free smoke detectors to the public.

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 point in the proceedings.

5.	Report, discussion, public comment and possible action regarding:

a.	The December 1997 billing and expenditures for City Attorney's Office' services to the BIC and/or DBI.

Ms. Paulette Hooey, Manager for Administration Services Division, addressed the Commission and referred to her report on the City Attorney's billing and expenditures for December 1997. She gave a summary of the expenditures and said that the department is about $490,000 over budget. The largest amounts are for the Disability Access Division, Housing Inspection Services and litigation.

Deputy City Attorney Dick distributed the City Attorney Office's organizational chart. She referred to the organizational chart and said that her office is organized by teams made up of several attorneys and support staff. The teams that provide services to the DBI are Appellate, Code Enforcement, Contracts, General Government, Labor Relations, Land Use and the Litigation Division. The Housing Inspection Services expenditures have increased substantially because there were two cases that actually went to trial, one of which resulted in the recent judgment against Sainez. In previous years, the policy on code enforcement was to abate properties without pursuing the penalties. The policy has been shifted by this Commission who has directed the City Attorney's Office to be aggressive. The result is that the department will have a huge increase in litigation costs.

b.	Discussion and possible action to adopt guidelines for the Commission and the Department in order to program and set priorities for requests for legal services from the City Attorney's Office.

Commissioner Vasquez said that previous budgets allocated for the City Attorney's Office were not realistic. The department is using this year's actual billing for next year budget projection. He is hoping that the Commission can have on-going discussions on the monthly billing statement to establish procedures to address future budgeting and have some control of the services being provided. There are some steps taken by the department he would like more information on: the management level review, who are authorized to call and under what circumstances and the way drafts are prepared or reviewed by the City Attorney's Office.

Deputy City Attorney Boyajian said that the Commission and the Department are always able to control, to some extent, the City Attorney's services. She said that some controls have been in place for a long time such as only the chiefs and above can contact the City Attorney's Office for services. Department staff needs to work up a chain of command before calling the City Attorney's Office. She said that it is difficult to control calls from the public or other departments which result in the City Attorney's services to DBI.

Deputy City Attorney Dick said that it is a matter of deciding how proactive the City Attorney's Office should be. The best course would be taking the middle ground of having the department deal with the problem first. The department needs to strategize and prioritize when they need the services of the City Attorney's Office. She said affirmative litigation needs to be prioritized. However, defensive litigation cannot be controlled.

President Hood said that she understands that in the Housing Inspection Services, which represents a large number of the cases sent to the City Attorney's Office, the inspectors bird-dog cases. Her goal is that the same system be implemented in other ways. She said that she is for a proactive approach. It is good for staff and the public to know that they are free to call the City Attorney's Office for advice.

Deputy City Attorney Boyajian said that most of the calls she receives from the public are regarding the status of their permits. The City Attorney's Office also represents other departments in the City, which sometimes gets DBI in the loop. Her office also does a coordination function. She said that the relationship with DBI works very well.

President Hood said in the beginning, when this Commission started in January 1995, the City Attorney's budget was set artificially low. Last year's increase in the enforcement of Housing Code violations should be measured against the $700,000 original budget. She said that an increase in the City Attorney's expenditures of about $200,000 is reasonable because the department has sent a lot more cases.

Deputy City Attorney Boyajian said that she is mindful of the costs.

Commissioner Cereghino asked if this billing statement is as precise as the City Attorney's Office can get.

Deputy City Attorney Boyajian said that the billing statement for DBI is more detailed than those for other departments.

Deputy City Attorney Dick said that she could provide a copy of the timesheets and their explanations. The billing statement the Commission receives is a hard copy synopsis. The City Attorney's Office provides a thick computer print out of its billing statement to DBI.

Commissioner Cereghino said that in the past, people called the Mayor's Assistance Center. The Center did the research before referring the matter to the appropriate city department. She asked if the City Attorney's Office is doing this kind of service.

Deputy City Attorney Boyajian said that her office does not research for the public.

Deputy City Attorney Dick said that some people prefer calling the City Attorney's Office directly.

Commissioner Cereghino asked if those calls can be referred to another agency that does not charge as much.

Deputy City Attorney Dick said that the percentage of calls categorized as citizen inquiries is only about five percent for every department.

Deputy City Attorney Boyajian said that most of her calls requires her to do something.

Commissioner Vasquez said that since the Commission will continue to receive monthly billing reports, he would like to have more information. He said that to save some costs, the Deputy City Attorney's attendance in the BIC meetings can be prioritized.

Deputy City Attorney Boyajian agreed. She said that she reviews the agendas and attend only items that need her legal services. She cited her role at the Planning Commission and said that she only attends selected cases.

Commissioner Fillon asked if the agenda can be structured so that items that need the services of the City Attorney's Office can be put together.

Deputy City Attorney Dick said that she needs to be in the meeting only when there is an appeal.

President Hood concurred.

Deputy City Attorney Boyajian said that the Commission may also look at legal services for the subordinate bodies, such as the Access Appeals Commission (AAC), the Board Of Examiners (BOE) or the Unreinforced Masonry Buildings Appeals Board (UMB).

President Hood said that she will refer that question to those boards.

Deputy City Attorney Boyajian said that the AAC takes a lot of her time because they have very important cases. She said that AAC Secretary, Mr. Laurence Kornfield, is very well versed in the code and her regular attendance may not be necessary.

Commissioner Freeman referred to the case that the department won recently and asked where the funds from the judgment go.

Deputy City Attorney Dick said that when it is paid, a large portion will go to the department and the rest will go to the General Fund. There will also be attorney's fees deducted from the amount.

Commissioner Freeman said that the expenditures for the City Attorney's Office is about four to five percent of the department budget.

In response to Commissioner Freeman's question, Deputy City Attorney Dick said that DBI is a small client of the City Attorney's Office compared to other city departments.

Deputy City Attorney Boyajian said that DBI is a normal size client compared to the Police Department which is their biggest client and the Library which is considered a small client.

Commissioner Freeman asked if Disability Access expenditures will go down this year.

Deputy City Attorney Boyajian said that there was a backlog for the last three years. She hopes that they will be able to finish the backlog this year and expenditures will decrease.

Commissioner Freeman asked what the average cost per case is.

Deputy City Attorney Boyajian said that there is no average. She does not have an idea what the average cost is.

Commissioner Freeman said that she could just divide the total costs by the number of the case.

Director Chiu said that he will provide that information to the Commission.

Commissioner Vasquez reiterated his request for the department to look at how the chain of command works.

The Commission took a break at this point in the proceedings from 2:30 to 2:45 p.m.

6.	COMMITTEE REPORT:

Consideration of the proposed DBI budget for Fiscal Year 1998-99:

a.	Report from the Budget and Organization Committee on the deliberations at the January 29, 1997 Committee meeting regarding the proposed DBI budget for Fiscal Year 1998-99.

Commissioner Vasquez reported that at the last Budget and Organization Committee meeting, the Committee went through the budget summary and the full budget proposal to be submitted to the Mayor's Office. The budget reflects a 12% increase in permits activities and a 16% increase in inspection activities. It also includes a proposed project management approach for new major projects, program improvements for lead based paint, increase services on disabled access, expansion of the Technical Services Division. The only expenditure change from the last draft is the City Attorney's line items which uses a projection based on the last six months' expenditures. The budget is still within the projected revenues.

Ms. Paulette Hooey said that this year is no longer a continuing cost budget. It is now closer to actual expenditures and revenues. Staffing will be increased and a Project Management Division is being formed.

Commissioner Vasquez referred to page 8 of the draft and said that there is a substantial amount for rental.

Ms. Hooey said that the amount covers rent for office space at 1650 Mission Street and off-site storage.

Commissioner Vasquez said that the department does not want to continue renting and is looking at building an extension over the parking area adjacent to DBI's building.

Ms. Hooey said that there are three additional items on page 8 that shows zero allocations for this fiscal year. These items were not budgeted for FY 1997/98 but have been paid out this year.

President Hood asked if the department is paying the Parks & Recreation Department for the trees in front of the building.

Ms. Paulette said that the fee is for the indoor plants.

Commissioner Freeman referred to page 6 of the draft and asked if the actual revenue for Apartment License Fee for FY 1996/97 was under $900,000.

Ms. Hooey said that this was a typographic error. The amount should be $2,893,930.

Commissioner Vasquez said that he did not have time to review the narrative portion in detail. It would be helpful if other Commissioners review and forward their comments to the department.

President Hood asked why the budget for overtime had increased so much.

Ms. Hooey said that the amount is based on this year's actual overtime expenditure.

President Hood asked if there is a comparison table that shows the actual versus the budgeted expenditures for FY 1996/97.

Ms. Hooey said that she will provide the comparison table as requested.

Director Chiu said that the actual expenditures for overtime for the last three to four years have been almost $380,000 per year. It was budgeted at $80,000 last year due to the Mayor's policy not to allow increases in overtime. There is no restriction from the Mayor's Office this year and the department wants to have a budget that is based on actual expenditures. Overtime expenditures has been cut to $205,000 because the department is proposing a Project Management team and there will be additional staff.

President Hood said that the Mayor might cut some of the new positions requested. She asked how staff feels about taking overtime.

Deputy Director Hutchinson said that there are enough staff who are willing to work overtime. He said that he needs to again work with the Department of Human Resources to renew the status of Z classifications.

Ms. Hooey said that some of the overtime is compensated by fees, especially off-hour inspections. The off-hour overtime fees are not shown in the budget.

Commissioner Freeman asked if the department is keeping track of the off-hour inspection revenue.

Ms. Hooey said yes. It is shown on page 6.

Commissioner Vasquez said that this issue was also raised at the Committee meeting.

Ms. Hooey said that she needs to complete the line item justifications.

President Hood asked what the Environmental Regulation Service is.

Ms. Hooey said that it is for safety matters such as safety training, workers' compensation, and CAL OSHA.

President Hood asked where the MIS upgrading equipment is shown in the draft.

Ms. Hooey said that it is broken down according to programs and is shown on page 24.

President Hood thanked the Budget Committee members for their work. She said that the budget is one of the most important things that the Commission reviews every year.

b.	Report, discussion and possible action on the status of the Department of Building Inspection's Fiscal Year 1997-98 year to date overall revenues and expenditures compared to the approved budget.

Commissioner Freeman said that percent of the budget should be changed to percentage values or the title of the column should be portion of budget or ratio of budget.

c.	Public hearing and possible action on the proposed DBI budget for Fiscal Year 1998-99. Pursuant to Charter Section D3.750-6, the Commission will hold the first of two public hearings on the adoption of a budget to be recommended to the Mayor.

Commissioner Vasquez said that this is the second of two public hearings on the adoption of a budget to be recommended to the Mayor. He said that there are outstanding items that need to be worked out in the next Budget Committee Meeting such as a three year budget projection, justifications for each line item and the general review of the Executive Summary.

Commissioner Vasquez moved, seconded by Commissioner Freeman, to approve and forward the DBI budget for Fiscal Year 1998-99 to the Mayor's Office after the Budget & Organizational Committee finalizes the Executive Summary, justifications for each line item, and the three year budget projection.

The motion passed by unanimous vote. [Resolution No. BIC-012.98]

President Hood said to let the Commission know if the Mayor takes some items out.

Director Chiu said that Supervisor Mabel Teng has been appointed as chair of the Finance Committee. He hopes that she will support him on this budget.

7.	Election of officers consisting of the President and Vice-President of the Building Inspection Commission.

President Hood opened the floor for nominations for the President of the Building Inspection Commission.

Commissioner Vasquez moved, seconded by Commissioner Freeman, to nominate and elect Commissioner Hood to continue as the President of the Building Inspection Commission.

President Hood thanked the Commissioners and said that she is honored and happy to serve as President. She is looking forward to see new members of the Commission step up to the plate and take on leadership roles very soon.

Commissioner Freeman said that he appreciates President Hood's willingness to take on the work.

The motion passed by unanimous vote. [Resolution No. BIC-013.98]

Commissioner Freeman moved, seconded by Commissioner Fillon, to nominate and elect Commissioner Vasquez to serve as the Vice-President of the Building Inspection Commission.

Commissioner Vasquez thanked the members of the Commission for his nomination.

The motion passed by unanimous vote. [Resolution No. BIC-014.98]

8.	Discussion and possible action to modify Section 2.03 of the Rules, Resolution, Policies and Procedures (RRPH), by eliminating the provisions on elections of interim officers.

Commission Secretary Banico gave the background of the provisions on elections of interim officers in the BIC's Rules, Resolution, Policies and Procedures. She said that in anticipation of appointments of new Commissioners in November and December of 1996, a provision on elections of interim officers was added to the RRPH. This provision is no longer necessary given the schedule of appointments.

Commissioner Freeman moved, seconded by Commissioner Cereghino, to modify Section 2.03 of the Rules, Resolution, Policies and Procedures (RRPH), by eliminating the provisions on elections of interim officers.

The motion passed by unanimous vote. [Resolution No. BIC-015.98]

9.	Possible action to reconstitute the Ad-Hoc BIC Appointments Committee and schedule Committee review of applications for seats in the BIC's subordinate bodies, including but not limited, to the Code Advisory Committee.

President Hood inquired if Commissioner Fillon would be interested in serving on this Committee.

Commissioner Fillon agreed.

President Hood appointed Commissioner Fillon to serve in the Ad-Hoc BIC Appointments Committee and thanked him for his willingness to serve.

10.	Possible action to reconstitute the Ad-Hoc BIC Unlawful Residential Demolition Committee and appoint a replacement for Commissioner George Tsang.

Commissioner Freeman said that the Board of Supervisors passed an ordinance for illegal demolition in 1988. This ordinance conflicts with the UBC definition of demolition. This ordinance is trying to regulate a problem, however, it does not work. This Committee has been told by the public that there are about 500 illegal demolitions occurring every year. DBI staff claim that only 16 cases are in the record, only two of which were upheld by Board of Appeals. The Committee is trying to clarify this discrepancy. He said that this Committee is trying to find a better way and a middle ground to solve this problem.

President Hood asked if Commissioner Cereghino would be willing to serve on this Committee.

Commissioner Cereghino accepted and was appointed by President Hood to replace Mr. Tsang.

11.	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 Vasquez moved, seconded by Commissioner Freeman, to convene a Closed Session.

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

The motion passed unanimously. [Resolution No. BIC-016.98]

The BIC went into Closed Session from 3:20 to 4:40 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 Vasquez 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-017.98]

12.	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 thanked the department for writing a letter to Supervisor Bierman on the Department's compliance with the Comprehensive Lead Poisoning Intervention Ordinance.

13.	Review and approval of the Minutes of the BIC Regular Meeting of January 21, 1998.

Commissioner Cereghino moved, seconded by Commissioner Freeman, to adopt the minutes of the BIC Regular Meeting of January 21, 1998 as prepared.

The motion passed unanimously. [Resolution No. BIC-018.98]

14.	Discussion and possible action with respect to those items that could be placed on the agenda of February 18, 1998 BIC Regular Meeting and other future meetings.

President Hood said that the continued Closed Session on Director Chiu's evaluation will be scheduled for the next meeting.

15.	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.

16.	Adjournment.

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

The motion passed by unanimous vote. [Resolution No. BIC-019.98]

________________________________

MARIA BANICO

Commission Secretary

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