Building Inspection Commission (BIC)

Regular Meeting

Wednesday, September 2, at 1:00 p.m.

Adopted October 7, 1998

War Memorial Building, 401 Van Ness Avenue, 4th Floor, Room 428

MINUTES

The meeting of the Building Inspection Commission was called to order at 1:15 p.m by Vice-
President Vasquez. President Hood arrived at 1:20 p.m.

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

Roy Guinnane, Commissioner	Sharon Mark, Commissioner

COMMISSION MEMBERS ABSENT:

Sigmund A. Freeman, Commissioner - excused absence

COMMISSION STAFF PRESENT:

Maria Banico, Commission Secretary

D.B.I. REPRESENTATIVES:

Frank Chiu, Director

Jim Hutchinson, Deputy Director for Permit Services

William Wong, Deputy Director for Inspection Services

Laurence Kornfield, Manager, Technical Services Division

CITY ATTORNEY'S REPRESENTATIVE:

Judy Boyajian, Deputy City Attorney

2.	President's Report.

Ms. Roberta Caravelli, Citizen Review, addressed the Commission, and noted that there were two Closed Sessions on the agenda. There were open session items sandwiched between these two Closed Sessions. Ms. Caravelli requested that in the future, all Closed Sessions be agendized at the end of the meeting so that members of the public do not have to wait outside the room during the Closed Sessions.

3.	Director's Report: Report and discussion on the dismissal of the lawsuit filed by Mr. Stanley Pauer against the Department of Building Inspection in 1993 regarding the enforcement of disabled access regulations (Stanley Pauer and Independent Housing Services v. CCSF, Superior Court No. 955-9999).

Director Chiu reported that the above-named suit filed by Stanley Pauer and IHS against DBI and the City had been dismissed with prejudice. He thanked staff, the BIC and the City Attorney's Office for their work in bringing this case to closure. The decision reflects the court's conclusion that DBI had performed well and had shown a commitment to enforce the disabled access regulations.

Vice-President Vasquez thanked DBI staff and the City Attorney's Office staff who worked on this case. He said that the suit had been around for a couple of years even before the establishment of the Commission and the Department. There have been many changes made in the enforcement practices.

Deputy City Attorney Boyajian said that the judge wrote in his decision that DBI had proved improvement and commitment to the enforcement of the disabled access regulations. This was one of the reasons why attorneys' fees were not granted to the plaintiff. In this decision, the City prevailed.

Director Chiu said that Ms. Boyajian was the lead in fighting against the request for attorney's fees. She had instructed her staff to fight this and was not willing to pay a dime more on this case.

4.	Public Comment:

Ms. Eddy Foster addressed the Commission on the forthcoming appointments to the Access Appeals Commission (AAC). She spoke in support of the reappointment of three current appointees whose terms have expired, Commissioners Baltimore, Lim and Park. Ms. Foster said that the three commissioners have done well during their tenure in the AAC. She said that the disabled community is interested in the work of the Building Inspection Commission. However, many are unable to attend meetings because it is hard to come to the meetings.

Ms. Grayce Reagan, Independent Living Resources and the Coalition for Disability Concerns, said she also came to speak in support of the three commissioners.

Ms. Roberta Caravelli, Citizen Review, said that at the last meeting, Mr. Michael Rodman (Manager of the Records Management Division) and Deputy Director Hutchinson gave a report on 3-R reports. She said that what they did not mention is that time that it takes to view records or to provide a report. Ms. Caravelli said that it takes eight days for some to view all the permits on a property. It takes seven to 10 days to get a 3-R report. She said it did not make sense that it takes longer to view the permits than to request for a report on all the permits.

Ms. Caravelli also said that Mr. Rodman had instituted a policy that only property owners and/or their agents can request for a 3-R report. She said that this policy came about because someone complained. Mr. Rodman then sent an inquiry to the City Attorney's Office. He did not receive a response and took it upon himself to adopt this policy.

Mr. Stephen Noh, resident of 4093 17th Street, said that this was his third appearance before the Building Inspection Commission and he has not received a response to date. He said that employees of DBI have filed false reports on code violations in his apartment unit. He said that he had called Director Chiu three times who then delegated this matter to Deputy Director Wong. Mr. Noh said that he has called Deputy Director Wong many times and has not received a return call to date. He said that Department staff had filed false reports on this apartment unit to shut off his complaint against his landlord. There are major code violations such as the roof leaking. His complaint is about three years old and there has been no resolution. He said that if he did not hear from the city this time, it would be a perfect case to file a lawsuit on. Mr. Noh said that he has a video tape of DBI employees conducting inspections.

Commissioner Guinnane asked for the names of the staff people involved.

Mr. Noh said that Senior Housing Inspector Patrick McKenzie had come to his residence more than ten times in the last ten years. He was not sure if Housing Inspector Oscar Williams was also involved. Mr. Noh said that his appearance today was specifically to report the perjury. He cited as an example that his curtains were described as a blanket over the windows.

Director Chiu said that he talked with Mr. Noh a few days ago. He said that Mr. Noh refused to meet with him. He then assured Mr. Noh that he would read the reports and personally review the files on this case. Mr. Noh had agreed to a two-week time frame for Director Chiu to respond.

President Hood requested Commissioner Guinnane to follow up on this case and get back with Mr. Noh.

5.	CLOSED SESSION: Pursuant to Government Code Section 54956.9(a)

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

There was no public testimony on matters pertaining to the Closed Session.

b.	Possible action to convene a Closed Session.

Vice-President Vasquez moved, seconded by Commissioner Guinnane, to convene a Closed Session.

The motioned passed unanimously. [Resolution No. BIC-071.98]

The Commission went into Closed Session from 1:30 to 2:00 p.m.

c.	CONFERENCE WITH LEGAL COUNSEL

Existing Litigation:	Update on the status of litigation of City and County of San Francisco v. Sainez. (Superior Court No. 980-411)

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

Vice-President Vasquez moved, seconded by Commissioner Fillon, not to disclose the details of the discussion held during Closed Session.

The motioned passed unanimously. [Resolution No. BIC-072.98]

6.	Report, discussion and possible action to recommend that the Board of Supervisors approve two proposed ordinances listed below:

a.	Ordinance moving the requirements for the Central Permit Bureau from the Public Works Code Section 1 to the San Francisco Building Code Chapter 1, Section 106.1 through 106.1.3.

Director Chiu said that at the last meeting, there was no public document available at the meeting. However, all the parties had agreed that on the ordinance moving the Central Permit Bureau language to the Building Code. He said that there are no outstanding issues or new things to discuss. Mr. Kornfield also indicated that the Code Advisory Committee (CAC) has agreed with the direction of the Commission. The Commission can take action and vote to move forward this ordinance.

Commissioner Cereghino asked if the Commission had received all the options to decide on this matter. She said that the Commission was waiting for the City Attorney's Office to write something new into the ordinance.

Deputy City Attorney Boyajian indicated that nothing else was forthcoming.

President Hood said that the ordinance was complete. She said that the Code Advisory Committee had reviewed the ordinance. She inquired if there were any written recommendations from the CAC or if anyone knew what their opinion was.

Director Chiu said that he has not seen anything in writing from the CAC. However, Mr. Laurence Kornfield has reported that the CAC has agreed that this ordinance should go into the Building Code.

President Hood said that this was how it was written into the Minutes and that was also her understanding. She requested a motion on the matter.

Commissioner Cereghino moved, seconded by Commissioner Guinnane, to recommend that the Board of Supervisors approve the proposed ordinance as written.

Ms. Caravelli, Citizen Review, said that the ordinance has major errors in it that need to be corrected. She noted page 5, line 22 and 25 and then Page 1, line 13 and 17. She said that these items would result in a major change from the original language and should be corrected. The ordinance, as written, will delete 24 types of activities that the Central Permit Bureau carries out. When this ordinance was first adopted, the Building Code already existed but there was a decision not to put it in the Building Code because the Central Permit Bureau issues other permits that the Building Code does not control. The ordinance is more appropriate in the Business and Revenue Code. Wherever it may be placed, the ordinance must be accurate.

Ms. Anastasia Yovanapolous, resident, said that at the last meeting, she spoke with Mr. Kornfield who said that Ms. Caravelli is right and that he needs to review the ordinance again.

Commissioner Cereghino asked what would be involved in getting this corrected.

President Hood said that she did not know that it was incorrect.

Vice-President Vasquez said that those are legitimate concerns and he did not know what items are being deleted. He said that before he took a vote, he would want to be informed.

Deputy City Attorney Boyajian said that her understanding was that this ordinance was just moving language from the Public Works Code to the Building Code and correcting the numbers. She said that there was not intent to drop anything out. Deputy City Attorney Dick is on vacation this week.

Vice-President Vasquez asked if this was due to the list of permits in Section 2.

Deputy City Attorney Boyajian said Section 2 is no longer the correct section. It was a section in the Public Works Code. Now the ordinance has to refer to the Building Code section.

President Hood asked if the correction can be made on the floor to change the citation to Section 106.

Deputy City Attorney Boyajian explained that the ordinance has the original text for purposes of repealing the language in the Public Works Code. She said that, as far as she knows, the document before the Commission is correct. However, she has not personally reviewed it and if the Commission wants to, she could compare the Public Works Code with the Building Code.

President Hood said that she understood that what the Commission is approving is the document before them. So the reference to Section 2 is in error.

Vice-President Vasquez said that the draft ordinance shows language that is to be deleted from page 1 to page 5.

Deputy City Attorney Boyajian agreed and said that the language to be deleted is from page 1 to page 5, line 15. What the BIC action will be in effect is to say to the Board of Supervisors that the Commission agrees with what the Board is doing. If there are errors, they can be corrected at the Board.

President Hood said that she did not think there were errors.

Deputy Director Hutchinson said that he had talked with Mr. Kornfield today. Mr. Kornfield has a doctor's appointment today and was not able to come. He said that Mr. Kornfield was clear that this was reviewed and discussed by the CAC and that the document before the Commission is, in fact, appropriate. He said that if it was the Commission's pleasure, he would personally talk to the president of the CAC.

President Hood said that she was confident that the CAC had reviewed this item thoroughly and she would be comfortable in approving it today.

Commissioner Mark said that based on her recollection, the items deleted were not relevant to present time and everything was numbered according to the new Building Code.

President Hood said that those items are no longer done, like steam shovel permits.

Commissioner Cereghino said that the Board, for example President Kaufman, seems to think that the issue is not something of substance but just needs to be wrapped up.

President Hood agreed and said that it is just housekeeping. She said that she would vote for it today.

Vice-President Vasquez said that without knowing what is deleted and that the legislative digest may not be correct, he would not be comfortable in voting. If there is not rush to get this approved, the corrections should be made.

Deputy City Attorney Boyajian said that the legislative digest is something that the Board requires to advise the Board what the document is. There is no action required on the legislative digest. Before this ordinance is sent to the Board, she would be happy to review the language to see that the language accurately describes what the ordinance is doing.

President Hood said that the digest already accurately describes what the ordinance is doing. It basically is taking an ordinance out of the Public Works Code and moving it to the Building Code. The only items that were dropped were those items that were obsolete.

Vice-President Vasquez said that he would want to know what those items are. If something is lost in the process of moving the code to another area, that is a legitimate concern. But if the CAC has reviewed this, then that is some assurance that they have looked at the list of items.

President Hood asked if the Commission wants Deputy Director Hutchinson to have Mr. Kornfield prepare a comparison between what is in the list now and what was there before.

Vice-President Vasquez said that made sense and this matter could come back at the next meeting.

Deputy City Attorney Boyajian said that the Board of Supervisor's rules, if something has been out of Committee for five months, if no action is taken, then the matter is tabled. And that is where this action is at this moment.

President Hood said that she would like to take action on this matter today.

Deputy Director Hutchinson said that he would still be happy to provide a letter and copies of discussions or minutes of the CAC to give the BIC some assurance. However, he also concurs with the statements that this ordinance was fully analyzed at the CAC. This was sent to the CAC a second time. They had some doubts about it at first but reanalyzed and approved the proposed ordinance eventually. There are some things such as excavation in the streets or moving heavy equipment that should be moved to the appropriate department and not the Building Code. In the past, this ordinance used a catch all under the Central Permit Bureau.

Commissioner Cereghino suggested that the BIC vote on this item today and that Deputy Director Hutchinson forward that information to the Board of Supervisors.

Deputy City Attorney Boyajian added that the BIC can also forward information and clarification to the Board at a later date.

The motioned passed unanimously. [Resolution No. BIC-073.98]

b.	Ordinance moving the regulations regarding hazardous wastes on private property from the Public Works Code, Article 20 to the S. F. Building Code by adding a new Chapter 37.

Deputy Director Hutchinson said that this legislation was originally known as the Maher Ordinance. It requires soil sampling in fill areas. Staff is recommending that a small portion of this ordinance be moved to the Building Code and that majority of the language is more appropriate in the Public Health Code.

Commissioner Mark said that she was concerned that this ordinance may open the door to require more soil testing than originally required.

Deputy Director Hutchinson said that the ordinance ties the soil testing requirement to the tide line. There are specific guidelines in the original ordinance. Those guidelines will not change.

President Hood referred to page 25 where there was a description of the area regulated by the ordinance.

Commissioner Cereghino moved, seconded by Commissioner Guinnane, to recommend that the Board of Supervisors approve the proposed ordinance as written.

Ms. Roberta Caravelli, Citizen Review, said that the title of the ordinance does not state that there are two sections to be deleted. She said that she was informed that there was another draft ordinance in process prepared by the deputy city attorney who works with the Department of Public Health.

Deputy City Attorney Boyajian said that this other draft was not finalized because she understood that the Commission did not want staff to proceed with this alternative. She said that President Hood had stated at the last meeting that it was the Commission's intent to move this code into the Building Cod.

Commissioner Mark said that on page 16, Section 1013 and 1014 were shown as to be deleted from the Public Works Code. However, these sections are not shown on page 31 as to be added to the Building Code. She asked what the reason was for this deletion.

President Hood said that certain projects are exempt from getting permits from DBI.

Deputy City Attorney Boyajian agreed with Ms. Caravelli that this deletion should be included in the title of the ordinance.

Vice-President Vasquez said that controls may still be needed even if building permits are not required.

President Hood directed that this matter be continued to the next meeting. The motion on the floor was withdrawn.

Commissioner Cereghino asked if this will result in the matter being tabled at the Board of Supervisors.

Deputy City Attorney Boyajian said that this ordinance may need to be reinitiated. She said that she will inquire with Ms. Gail Stein of President Kaufman's office.

President Hood said that Mr. Kornfield and Deputy City Attorney Dick should attend the meeting when the item is taken up again.

The Commission took a break at this point in the proceedings, from 2:35 to 2:50 p.m.

7.	Report, discussion, public comment and possible action to adopt goals and objectives of the Building Inspection Commission and the Department of Building Inspection for Fiscal Year 1998-99. The Commission may also take such action as to constitute a committee or task force to formulate proposed goals and objectives for recommendation to the full Commission.

President Hood said that the Charter requires that all Commissions adopt yearly goals and objectives. There is sometimes a tendency to get lost on issues at hand. The BIC needs to pursue items that the Commissioners are passionate about. She said that last year's list was a long list and some of the items have run their course. President Hood proposed that a committee be formed to draft Commission goals and objectives. Once adopted, this committee would be responsible for tracking the progress on achieving these goals and objectives.

Director Chiu said that there are items from last year's list that have not yet been implemented (e.g., opening for service on Saturdays). He said that this year, the department will be focusing on quality, not quantity.

President Hood agreed. She said that for example the goal for the One Stop Permit Coordination Program would be to evaluate its effectiveness. She said that she knows that there are still some operational problems that need to be worked out and that other departments have not yet bought into the concept.

Director Chiu said that he had a discussion with the Mayor's Chief of Staff on the One Stop Program. He had explained that this process represented a culture change and the program needs more time for implementation.

Commissioner Cereghino agreed with the proposal to form a committee who could probably review the department's operations, interview interested parties, then meet with Director Chiu on issues identified. This could be the basis of formulating the Director's goals and objectives.

Vice-President Vasquez said that last year's goals and objectives were gleaned from a departmental manager's retreat and the Director's goals. The BIC did not work in isolation. He said that he would agree to be in such a committee.

President Hood said that there are some things that can roll off last year's list.

Commissioner Cereghino and Commissioner Fillon also signified their interest in being part of this committee.

President Hood said this committee can also look at the activities of the various BIC Committees.

Commission Secretary Banico asked for clarification on the scope of this committee's work in relation to the next agenda item. She said that the next agenda item had a tight deadline. If it is the intent of the Commission to dovetail from the BIC goals to the Director's goals, will the time line be met. She also asked that if there should be a separate committee for the next agenda item.

Director Chiu proposed that three be only one committee for both items. He also announced that he would be in China with the Mayor from the 3rd week in September to the 2nd week in October. He will also be away next week for the ICBO conference in San Diego.

Commissioner Mark suggested that the Commission go ahead and constitute this Committee. Later on in Closed Session, the Commission can discuss how to formulate the Director's goals and objectives.

President Hood asked if the committee composed of Vice-President Vasquez, Commissioner Cereghino and Commissioner Mark would be willing to take on the task of identifying the Director's goals and objectives.

Vice-President Vasquez asked how tight the time line was.

Commission Secretary Banico said that the Director's goals and objectives are due on September 30th.

Vice-President Vasquez proposed a meeting on Friday, September 4th at 3:00 p.m.

Commissioner Fillon said that he would be able to attend this meeting.

Commissioner Cereghino said that she would not be able to attend this meeting. She requested that she be provided the documents at the meeting and be informed of the proceedings.

8.	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 comment received pertaining to the Closed Session.

b.	Possible action to convene a Closed Session.

Vice-President Vasquez moved, seconded by Commissioner Guinnane, to convene a Closed Session.

The motioned passed unanimously. [Resolution No. BIC-074.98].

The Commission went into Closed Session from 3:10 to 3:50 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).)

Vice-President Vasquez moved, seconded by Commissioner Cereghino, not to disclose the details of the discussion held at Closed Session.

The motioned passed unanimously. [Resolution No. BIC-075.98]

9.	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.

There was no discussion on this agenda item.

10.	Approval of the Minutes of the BIC Regular Meeting of August 19, 1998.

Commissioner Cereghino moved, seconded by Commissioner Guinnane, to approve the Minutes of August 19, 1998 as prepared.

The motioned passed unanimously. [Resolution No. BIC-076.98].

11.	Approval of the Minutes of the BIC Regular Meeting of August 5, 1998.

Vice-President Vasquez moved, seconded by Commissioner Fillon, to approve the Minutes of August 5, 1998 as prepared.

The motioned passed unanimously. [Resolution No. BIC-077.98]

12.	Discussion and possible action with respect to those items that could be placed on the agenda of September 16, 1998 BIC Regular Meeting and other future meetings.

President Hood said that Item #6b was continued to the next meeting. She also requested a report and discussion on who has access to 3-R reports.

Deputy Director Hutchinson said that he did not respond during public comment when this matter was brought up by Ms. Caravelli. He said that the code states that these reports should be provided only to the owner or its agents. He also said that 3-R reports are being issued within 72 hours of a request.

President Hood said that there would be a report from the committee on the Director's goals and objectives. There may also be an interim report on the BIC goals and objectives.

Commissioner Cereghino proposed that Vice-President Vasquez chair this Committee.

Vice-President Vasquez said that when Commissioner Cereghino comes back, she could co-chair the committee. He also requested a report on the department's internship program.

Director Chiu proposed that the Commission reconstitute the Code Review Committee at the next meeting.

President Hood asked if a report from the Unlawful Demolition Committee is forthcoming.

Commission Secretary Banico said that there is a task force meeting scheduled for October 5th. There would probably be no reports yet for the October 7th BIC Meeting.

Director Chiu said that the department will be proposing four or five new Code Rulings.

President Hood said that the appointments to the AAC will be scheduled soon. She directed Commission Secretary Banico to provide expanded notice for this meeting.

Director Chiu said that the Mission Bay inter-agency agreement needs to be calendared for October 7. He asked if the Commission would be interested in a background presentation on this project.

President Hood said it would be good to find out more details about this project of the Mayor.

Commission Secretary Banico requested that the Commission have a Closed Session for her performance evaluation at an upcoming meeting.

13.	Public Comment.

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 Guinnane, seconded by Vice-President Vasquez, the meeting adjourned at 4:00 p.m.

The motion passed unanimously. [Resolution No. BIC-078.98]

_________________________________

MARIA G. T. BANICO

Commission Secretary

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