Department of Building Inspection

Building Inspection Commission

The regular meeting of the Building Inspection Commission was called to order at 9:15 a.m. by President Lee.

1.    Call to Order and Roll Call – Roll call was taken and a quorum was certified.

COMMISSION MEMBERS PRESENTS:
Frank Lee, President
Reuben Hechanova, Commissioner
Criss Romero, Commissioner, excused
Debra Walker, Commissioner
Mel Murphy, Vice-President
Rafael Mandelman, Commissioner
Vahid Sattary, Commissioner

Ann Aherne, Commission Secretary

D.B.I. REPRESENTATIVES:
Vivian Day, Acting Director
Edward Sweeney, Deputy Director
William Strawn, Communications Manager
Rosemary Bosque, Chief Housing Inspector
Laurence Kornfield, Acting Manager, Permit Services
Pamela Levin, Administration & Finance Division Supervisor

Sonya Harris, Secretary

2.  President’s Announcement.

President Lee wished everyone a Happy New Year and said that he hoped everybody enjoyed yesterday’s Presidential Inauguration.  President Lee stated that it was exciting and that personally he has never been as interested in a Presidential Inauguration as he was yesterday.  President Lee said that the scheduled Special Meeting is going to be changed from next Wednesday to the first week in February and said that he would check with all of the Commissioners to try to find a suitable time and location.  President Lee stated that he, Vice-President Murphy, and Commissioner Walker will be meeting with the Planning Department Commissioners on Monday to discuss a possible agenda for the upcoming Joint BIC and Planning meeting.  President Lee stated that the Joint meeting is tentatively scheduled for Thursday, February 12, 2009. 

There was no public comment on the President’s Announcement.

3.  Director’s Report.

a.  Status of MIS and update on the computer process.

Acting Director Day stated that the Request for Proposal (RFP) for the Permit Tracking System is out and the Department will be having a pre-bid meeting on January 28 to pose any questions that the vendors might have and staff will answer questions at that time.  Ms. Day said that the proposals are not due until April 6, 2009.

b.  Update on DBI’s finances.

Acting Director Day said that the financial report for the six-month period ending December 31 and her proposed balancing plan for the budget will bring it into balance for the rest of the year without reductions in staff.  Ms. Day said that the Commission could talk more about that during the budget submittal process.

President Lee stated that it was great that Acting Director Day was able to balance this year’s budget projection without any employees being cut.

Commissioner Walker said that the affect of the economy on the Department’s revenue has been  pretty drastic and thanked Ms. Day for her efforts.

c.  Update on proposed legislation.

Acting Director Day stated that there is legislation for the new owner-builder’s certification that DBI has to have for any owner-builder’s permits.  Ms. Day explained that the person pulling the permit has to be listed as the owner on the assessor’s records or has to be a licensed contractor; the permit applicant will be liable for work that is done on the property.  Ms. Day said that the legislation was effective January 1 and is going to be enforced on February 1.  Ms. Day stated that DBI is a little bit behind the time, but the Department is talking to the industry and getting them on board and training staff on the new procedures to adopt this.

President Lee asked if there was any outreach to owners themselves or how does the Department educate people when they come in and want to get an owner-builder permit.

Ms. Day said that in the package there were several handouts that the state has prepared that details very well as to what the owner’s responsibilities are.  Ms. Day stated that this is going to be part of the package that is handed to an owner with the permit application so they will have all the background information.

Vice-President Murphy stated that he thinks it is a very good thing, and it is going to ultimately protect the homeowner. 

Ms. Day said that all of DBI’s new forms are on the website with the same outreach information.

President Lee stated that he hoped the owners understand that this is a method to protect their interest to keep them from being liable for injuries that workers may have when they are working on their homes. 

Commissioner Walker asked if the background of the legislation was that it is a state regulation that came down, and questioned what DBI currently does relating to this issue.

Acting Director Day said that there were very few items, about three, that an owner-builder had to declare that was required by law in the past.  Ms. Day stated that on the form now there are about twelve items and it spells out what the owner’s responsibilities are, what they take responsibility for when they get an owner-builder’s permit, and what liabilities they might face in case they deal with unlicensed contractors. 

Commissioner Walker stated that there are probably occasions where people come in who are doing work in units within a building when they are not the owner of the building.  Commissioner Walker asked how that is handled in rental units.

Ms. Day said that people would not be allowed to do this without this certification, and they have to match up with the owner of record on the inspector’s file.  Ms. Day stated if it is a new purchase they can bring in the deed to show the Department that there is a new owner if it has not been recorded yet, and that is how other cities handle this situation.  Ms. Day said that there is nothing else to stop an owner from doing the work and the liability it comes back to the person that holds the permit.

President Lee stated that this is just an extra measure of protection for the owner, and he hopes that the owners do not view this as another layer of bureaucracy; it is really something to help protect them from unscrupulous people.

Vice-President Murphy said that he did not think it was going to be DBI’s responsibility to police this in the field, but staff would police it in the office.

Acting Director Day confirmed that this would be policed in the office, and that the form would have to be filled out with proof of identification before the permit is issued.  Ms. Day said that all of the expediters are on line with this.  Ms. Day stated that Public Advisory Committee meetings have been held regarding this issue, so that is why the Department is waiting until February to really “roll it out”. 

Vice-President Murphy stated that President Reagan started this a few years ago to tighten up the law, and he enforced it when he was Governor of California.  Vice-President Murphy said that the law states that everybody had to have a licensed contractor, but it has been pretty loose in the last 10 or 15 years so it is good there is legislation now.

Commissioner Levitt asked how the process works if an agent such as an architect pulls a permit for a project.

Acting Director Day said that the Department is not really supposed to issue permits to architects, but only to homeowners and licensed contractors.  Ms. Day stated that the architect can submit the plans all the way up to the permit issuance, but DBI is legally only supposed to issue the permit to the contractor. 

Commissioner Hechanova asked for clarification becauseSan Francisco is both a city and county, and asked if the boundaries are the same for both.

Ms. Day answered yes, and stated that from her understanding this is a statewide law, not just a city of San Francisco law.  Ms. Day said that this law was passed down from the state legislature that the governor had signed into action, and was actually proposed by the Contractor’s State License Board due to the volume of complaints being received.

Commissioner Sattary stated that there was a provision that the owner could empower the consultant to apply for a permit on their behalf.  Commissioner Sattary said that there is a place on the owner-builder form for the owner to designate an agent or an architect, but the owner has to sign the form before it is issued so the owner is still responsible.

d.  Update on overall reconfiguration of DBI.

Acting Director Day said that the remodeling project is still going forward, but has been scaled down a little bit.  Ms. Day stated that DBI is working with the other departments that are part of the over the counter process, and are looking for any ways to save money and cut costs on the project.

Commissioner Walker asked if the Department was actively doing things right now, and Ms. Day said that the fifth floor is completely vacant right now and there is some minor work being done, but active construction will start after the first of the month. 

Vice-President Murphy asked if the money was set aside for this project already, and Ms. Day responded that it was.

e.  Update on implementation of Business Process Reengineering (BPR) Program.

Acting Director Day stated that she has included a complete update in the Commissioner’s packages on the BPR implementation plan.  Ms. Day said that the Department has completed 1/3 of the items without any additional staffing or resources, and all of the departments are working together now to complete them.  Ms. Day stated that she has updates from the Fire Department and other departments that are working behind the scenes.  Ms. Day said that the Department is still going forward with all other items that are possible even during these tough times.

Commissioner Walker stated that an incredible amount of work has been done, and Ms. Day responded that the trick now is to implement the recommendations with existing resources, so staff has been very creative.  Ms. Day stated that hopefully this would be complete by the end of this fiscal year because the ideas are the same and need to be implemented.

Commissioner Walker stated that it ties directly to the rebuild and the fact that the Department put the money aside for re-doing the fifth floor, so it gives DBI the opportunity to carry out some of the process.  Commissioner Walker asked what the timeline was on the implementation.

Ms. Day said that hopefully it would be done by the end of the fiscal year, but a lot of the processes can not be implemented until the fifth floor remodel is done because it is a joint venture between departments.

Commissioner Sattary asked Ms. Day from her experience thus far with the BPR, if there are items that she would recommend revising, fine tuning, or amending in any shape, form, or manner.

Ms. Day stated not at this point because the fine tuning will come when everyone comes together on the fifth floor; the ideas are the same but they need to be implemented since staff has worked very hard on the BPR.

f.   Update on other activities affecting administration of the Department.

Acting Director Day said that right now the Department is just trying to get the budget in, and trying to save wherever possible. 

4.  Public Comment:  The BIC will take public comment on matters within the Commission’s jurisdiction that are not part of this agenda.

Mr. Jose Morales addressed the Commission and said that he was evicted from his apartment due to the Ellis Act.  Mr. Morales stated that he was suffering from the abuse of his landlord, all of his belongings are in storage, and he is homeless at age 79.  Mr. Morales said that he was an excellent tenant that lived in his unit for 43 years, and was the recipient of the Human Rights Commission award and in the Hall of Fame in San Francisco Tenant’s Union.  Mr. Morales said that Inspector Joe Duffy came and abated a complaint at the property, and Mr. Morales stated that he spoke to Acting Director Day about the problem as well.  Mr. Morales’ general complaint is that he is the victim of an Ellis Act eviction that should not have occurred, and asserts that the landlord illegally changed his apartment number.  Mr. Morales showed a number of photos of his apartment on the overhead projector, before and after the apartment number was changed.  Mr. Morales stated that he wanted a hearing and that he would be submitting additional documents to the Building Inspection Commission.

Ms. Marie Jobling said that she was the Director of the Community Living Campaign in San Francisco and part of their goal is to make San Francisco a better place for people with disabilities and to support community living so everyone can live in dignity as they get older.  Ms. Jobling said they provide support networks for individuals and Jose is one of the people they have been assisting.  Ms. Jobling sated that she has known Jose for over 20 years and has seen him honored throughout his life and through his great struggle, and said that Mr. Morales is looking for human rights and housing justice and said she was present to support him in that effort.  Ms. Jobling said that his case has to do with the numbering of the units in his building and whether there was a proper notice given in the Ellis Act eviction.  Ms. Jobling said that after listening to Jose she is convinced that the eviction was not proper.  Ms. Jobling stated that it comes back to this Department because the question is what does it take for a landlord or property owner to legally change the unit numbers, and if the notice was wrong then it is the fault of the Department and the issue becomes who is responsible.  Ms. Jobling said that Jose has filed two complaints and asked for a review by the Department and stated that she hoped that this will take place and if it does not her organization along with Jose, will fight it to the end.  Ms. Jobling stated that this issue meant the difference between having housing and being homeless; Jose had a home for 43 years and now he is homeless.  Ms. Jobling said that her organization is working on helping Jose to find housing and to get his belongings back.  Ms. Jobling showed some pictures of the apartment on the overhead projector, and said that the legal number for the bottom unit is 572-A, a permit issued for construction for unit 574, and the notice to evict Jose included unit 574 so the notice was in error.   

Commissioner Levitt said that this is a sad story and everyone is sympathetic, but said he was not sure if this item is within the purview of the Commission.

President Lee stated that this item has to be re-agendized. 

Mr. Zelcos Simone said that he appeared at the Commission last November and that at the following meeting Mr. Edward Sweeney gave a presentation regarding 135 El Camino Delmar.  Mr. Simone stated that there are some questions that have never been addressed so that is why he is here.  Mr. Simone said there were two Notices of Violation (NOV) on the property but the owner continued to work, so he would like to know why this happened.  Mr. Simone stated that DBI knew the owner had fraudulent drawings for this site, and there is also an illegal addition on the back of the house.  Mr. Simone said that the inspector was informed at the very beginning through the Planning Department and there was a lady that did an investigation but so far they did not issue a Notice of Violation on the property.  Mr. Simone stated that some drawings were submitted to DBI on the 31^st of December, and said that now the owner has moved in.

Mrs. Renee Simone showed pictures on the overhead projector; a few of the pictures showed what the illegal addition looked like with the NOV on July 7, 2008 and what the addition looks like as of November 16, 2008.  Ms. Simone stated that the latter picture showed that windows were installed, a roof was put on, flashing and caulking were done, and the site is livable even after two notices were issued.  Mrs. Simone said that the work is completed, painted, etcetera, and that the lower part was an illegal area that was added several years ago without any permit.  Ms. Simone said that DBI is aware of this but no NOV has been issued for the rear addition.  Mrs. Simone stated that she was questioning how the Department of Building Inspection allowed the owner on several occasions to have a full crew at the site.  Mrs. Simone said that the inspector did nothing about it when he inspected the site, and said that the inspector stated that he did not notice any change in the construction which was quite amazing.  Mrs. Simone said that Mr. Sweeney said the owner could do minor caulking yet he did a lot more.

Vice-President Murphy asked Deputy Director Sweeney if the addition was legal or illegal.

Deputy Director Ed Sweeney said that there is an illegal addition in the back, but there is some contention that it was a repair.  Mr. Sweeney stated that most of the work was done over the Columbus Day weekend and the Department has gone to the property, and cited it a couple of times.  Mr. Sweeney said that he told the owner that he could not do any work requiring a permit but only caulking and other minor repairs. Mr. Sweeney stated that the owner had plans that showed a 3^rd floor yet no 3^rd floor was approved, in addition the plans showed one story over a garage, but there are two stories over a garage.  Mr. Sweeney said that the case was referred to the City Attorney’s Office and is waiting for a Director’s hearing next month and will probably be assigned to the Litigation Committee.

President Lee said that before this becomes an agenda item, the Commissioners should discuss this on a content level and asked if the Department spoke to the neighbors and answered their questions.  President Lee stated that Mr. and Mrs. Simone’s allegation is that DBI did not provide them with answers, and if the Department is providing answers now he would allow that.

Mr. Sweeney reiterated that most of the work occurred over Columbus Day weekend, and staff met with the property owner and his attorney because they were concerned about a life safety issue, mold and mildew.  Mr. Sweeney said that he told them they could do some light caulking, tarp the property, and do a little painting, but not any construction.  Mr. Sweeney stated that the owner could not do any work that required a building permit, and the reason he allowed that was to protect the rest of the structure because of electrical issues, mold, and mildew.  Mr. Sweeney said unfortunately he gave them an inch and they took more than they should have however the job is stopped now.  Mr. Sweeney stated that staff has gone to the property many times but the way they got as far as they did is there were approved plans that were doctored by the property owner; the plans showed a third floor when there was no third floor there.  Mr. Sweeney said that Mr. Simone pointed out to him that it was never there, so Mr. Sweeney went out and got the original plans that showed a one-story over a garage when what the owner had was a two-story garage, so once the Department found that out they started issuing Notices of Violation. 

Commissioner Walker said that she would like an update on this property at the next meeting.

Mr. Rodney Greevy stated that he was a neighbor who was also at the meeting to discuss 135 El Camino Delmar, and suggested that a NOV should be issued for the Columbus Day weekend work. Mr. Greevy said that the complaint is documented that Mr. Yee had approval to do minor work, but instead in three days of work the structure is complete and now someone is living there.  Mr.Greevy stated that he thinks it is important to have an NOV for the record in case there is later action, and said he would like the Commission to consider whatever could be done to compel the owner to restore the house to the pre-existing living conditions.  Mr.Greevy said that there is a third illegal addition that appears to be there from looking at the pre-existing drawings and said that this is not just an honest mistake but wanton and purposeful violation of the law and of the stop work orders that were issued.  Mr. Greevy stated that he understands this does not happen often, but he and some of the other neighbors are outraged about this and are asking the Commission to do whatever they can.

5.  Report, discussion and possible action on the proposed budget of the Department of Building Inspection for fiscal year 2009/2010.

Acting Director Day stated that she has included the proposed budget for fiscal year 2009/2010, and the Department is proposing a decrease in revenues to reflect the current economic downturn.  Ms. Day said that DBI will also have some staff reductions to meet the goal of balancing the budget for next year, and that there are two proposed fee increases but one is very minor.  Ms. Day stated that one fee increase is regarding the records retention fee and the other is the apartment license fee that was not raised or increased last September with the rest of the fees.

Ms. Day said that this is the remainder of the fee study where it actually shows the Department is almost 25% non-recovery in the apartment license fees and are proposing to raise it an average of about 20%.  Ms. Day stated that the Department is trying to be fair both to the apartment owners and to staff by trying to balance the budget with less.  Ms. Day said that the budget will include $5.5 million worth of staff reductions. 

Commissioner Walker asked if Acting Director Day has discussed this issue with the CEOP organization which includes the building owners and the tenants.  Commissioner Walker said that it would be good to do a little outreach before this is actually done.

Acting Director Day stated that the Department is doing that and said that  Chief Housing Inspector Rosemary Bosque is working with some of the CEOP groups and to make them aware of the reason DBI did not do it last September.  Ms. Day said that they kind of got a “free ride” for this year so it would be effective on the tax rolls for December – April. 

The following items regarding the 2009/2010 budget were addressed:

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.

President Lee said that there would possibly be a Special Meeting in the first week of February.

Commissioner Walker stated that there were some Commissioners who could not attend the Joint Planning and Building Commission meeting, however it took about six months to schedule a coinciding date and time so she would like to still hold the meeting as scheduled since there are some important issues to discuss.

Commissioner Walker said that she would like to agendize the item of making a permanent decision about the Director.

President Lee stated that the next regular meeting is on February 18, 2009.  Deputy City Attorney John Malamut said that at the next meeting the Commission needs five votes in favor of the budget for it to be passed.

Secretary Aherne said that another agenda item is the election of the President and Vice-President, but it may have to be postponed because two Commissioners will be absent on February 18.

11.  Adjournment. 

Commissioner Sattary made a motion, seconded by Vice-President Murphy that the meeting be adjourned.  The motion carried unanimously.

RESOLUTION NO. BIC 005-09

The meeting was adjourned at 11:10 a.m.