Building Inspection Commission
Regular Meeting
Wednesday, February 2, 2000
Approved February 16, 2000
City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408
MINUTES
The meeting of the Building Inspection Commission was called to order at 1:10 by
Interim Secretary Ann Aherne.
1. ROLL CALL - Roll call was taken and a quorum was certified.
COMMISSION MEMBERS PRESENT:
Alfonso K. Fillon, Commissioner Roy Guinnane, Commissioner
Bobbie Sue Hood, Commissioner Esther Marks, Commissioner
Mark Sanchez, Commissioner Rodrigo Santos, Commissioner
Debra Walker, Commissioner
D.B.I. REPRESENTATIVES:
Frank Chiu, Director
Jim Hutchinson, Deputy Director for Operations
William Wong, Deputy Director for Administration
Ann Aherne, Interim Secretary
Tuti Suardana, Secretary
CITY ATTORNEY’S REPRESENTATIVE:
Judy Boyajian, Deputy City Attorney
2. Election of BIC President and Vice-President.
Interim Secretary, Ann Aherne asked for a motion to nominate a President or a President and Vice-President of the Commission. Commissioner Walker nominated Commissioner Esther Marks for President, the motion was seconded by Commissioner Mark Sanchez. There was no public comment on the motion. A roll call vote was taken. The Commissioners voted as follows:
Commissioner Fillon No
Commissioner Guinnane No
Commissioner Hood No
Commissioner Marks Yes
Commissioner Sanchez Yes
Commissioner Santos No
Commissioner Walker Yes
The motion did not carry as the vote was three Commissioners for the motion and four against.
Interim Secretary Ann Aherne called for another motion for President or President and Vice-President. Commissioner Guinnane nominated Commissioner Fillon for President. The motion was seconded by Commissioner Hood. Commissioner Hood commented on her reasons for seconding the nomination for Commissioner Fillon. Commissioner Hood said that Commissioner Fillon was the President before the recent number of appointments and reappointments and she felt that Commissioner Fillon did not get a chance to fulfill his term. Commissioner Hood said that she felt Commissioner Fillon’s experience in being President would help with the continuity of the Commission as he was doing an excellent job.
Commissioner Walker asked Commissioner Fillon about the process for setting the agenda. Commissioner Walker wanted to know if Commissioner Fillon would take input from the other Commissioners. Commissioner Fillon answered, absolutely, that is part of the process. Commissioner Walker asked if she wanted something on the agenda if she would just have to contact Commissioner Fillon. Commissioner Fillon answered yes. Commissioner Hood said that the Commission’s Rules and Procedures state that if one of the Commissioners wants something on the agenda, the President has to put it on. The item might not be put on the very next meeting, as there may not be enough room in the agenda. Commissioner Fillon referred to an item that is on the end of every agenda allowing for discussion of items be set for future agendas.
Secretary, Ann Aherne called for a vote on the motion. The Commissioners voted as follows:
Commissioner Fillon Yes
Commissioner Guinnane Yes
Commissioner Hood Yes
Commissioner Marks No
Commissioner Sanchez Yes
Commissioner Santos Yes
Commissioner Walker Yes
The motion carried with six Commissioners voting for the motion and one against.
The motion passed unanimously. [Resolution No. BIC-004-00]
President Fillon asked for a motion on the floor for Vice-President. Commissioner Guinnane nominated Commissioner Hood for Vice-President. The motion was seconded by President Fillon. There were no comments on the motion.
Secretary, Ann Aherne called for a vote on the motion. The Commissioners voted as follows:
President Fillon Yes
Commissioner Guinnane Yes
Commissioner Hood Yes
Commissioner Marks No
Commissioner Sanchez No
Commissioner Santos Yes
Commissioner Walker No
The motion carried with four Commissioners voting for the motion and three Commissioners against.
[Resolution No. BIC-005-00]
President Fillon asked if public comment should be taken on Item No.2. Deputy City Attorney Boyajian said that no additional public comment need be taken.
3. President’s Announcements
President Fillon congratulated Vice-President Hood on her election and said that he had a few comments to make as the reelected President. President Fillon said that at the meetings he would like to continue to keep an atmosphere of mutual respect for everyone’s ideas. Not everyone agrees on every issue, but everyone should listen to each other and try not to interrupt.
Commissioner Fillon stated that when the public is speaking there should not be a dialog between the Commissioners and the speaker. Let the public speak, hear them out and then the Commissioner should make comment or ask any questions they may have. Commissioner Fillon said that he would like to be able to finish all items at each meeting and not have to carry any over to the next meeting. Therefore, comments should be succinct and to the point. President Fillon asked that questions to DBI staff be as concise as possible. President Fillon acknowledged that new Commissioners have a great deal of information that they want and have many questions. President Fillon suggested that some sessions be set up for those Commissioners who may need public information that is does not have to be part of a Commission meeting. President Fillon asked that the Commissioners respect DBI staff as he has seen staff take abuse at other Commissions and he does not want to see that happen at the BIC. Commissioner Fillon asked that everyone try to stick to facts as much as possible and show mutual respect for each other. President Fillon said that he looks forward to a second term with a good Commission that has a great deal of work to be done. President Fillon thanked his fellow Commissioners for reelecting him.
4. Director’s Report.
Director Chiu congratulated President Fillon and Vice-President Hood on their elections and said that he looked forward to working with all of the Commissioners particularly the President and Vice-President.
a. Report on Complaint #9901543.
Director Chiu said that at the last meeting a member of the public stated that she had filed a complaint and was unable to track the status of the complaint. Director Chiu said that his staff has already written in response to the public member and outlined the status of the complaint. Essentially staff found that the property owner applied for a permit, the work was inspected andthe case was signed off. Director Chiu asked if there were any further questions on this item. The secretary asked for public comment.
Anastasia Yovanopoulos who lives at 3718 - 24th Street said that she was concerned that a garage door was being installed without permit, but also that tenants did not have access to their electric and gas meters after the door was installed. Ms. Yovanopoulos said that she has submitted another complaint regarding this property. Ms Yovanopoulos said that Building Inspector Carla Johnson took the complaint and that she had also spoken to Richard Young of Technical Services Division. Ms. Yovanopoulos said that she informed Mr. Young that before a new garage door was installed, tenants had a key for access to the utility meters. They no longer have access and Ms. Yovanopoulos said that Mr. Young told her this was a violation. Ms. Yovanopoulos said she is also concerned about gas fumes coming from the garage area. Commissioner Walker asked if Ms. Yovanopoulos was satisfied with the action that was taken by the Department, or if she is requesting that more action be taken. Director Chiu said that originally Ms. Yovanopoulos had five items that were at issues, but now there are additional items. Director Chiu said that the Department will send out another inspector. Commissioner Hood said that the inspector should make sure that there is no gas leak in the garage. Director Chiu said that he would keep the Commission advised of what is happening with this case.
b. Report on 2844-2846 Greenwich Street.
Director Chiu stated that a problem at 2844-2846 was brought to the Department’s attention by a public member. Deputy Director William Wong investigated the complaint and determined that the scope of work exceeded the permit. Notices of Violations were posted at the job site and a stop work order was also issued. The owner does have a permit to do various work on the building and now has made application to install an elevator and penthouse. This application has not been approved, but the contractor jumped the gun and started construction. Director Chiu stated that DBI did issue a stop work order and now City Planning has the application for the penthouse. The Department is on top of the problem and will be monitoring the work to make sure everything is done with proper permits. Director Chiu said that Deputy Director Wong is more knowledgeable about this case and asked if anyone had any questions for Deputy Director Wong. Commissioner Walker asked what the Department’s response is as far as penalties are concerned. What can be done to discourage work done outside the scope of a permit? Director Chiu answered that in the Building Code it states that when work is done without a permit, the Department can fine a contractor/developer 10 times the permit amount. However, when work is done outside the scope of an existing permit the fine is two times the permit cost. Director Chiu said the Commission could revisit the code on this issue. Commissioner Hood asked what the cost would be in this particular case and said that it would probably be about $10,000. Director Chiu said that it would only be two times the permit fee. Commissioner Hood asked if the citizen who lodged the complaints was being kept informed of the progress of this issue. Director Chiu stated that he had met with the complainant. Commissioner Santos asked if the complainant had filed for discretionary review. Deputy Director Wong said that there will be a discretionary review held in two months with the Planning Department. After the Planning Department has reviewed this case then it will come before DBI. Commissioner Marks asked about the manner of interpretation of the two or ten times penalty as there is clearly work done without a permit. Commissioner Hood said that if the code is ambiguous then the code needs tobe changed. Director Chiu agreed that there should be a stiffer penalty imposed. Commissioner Hood said that the developer should be penalized to the maximum allowed by the code.
Anastasia Yovanopoulos said that in February of 1999 she spoke with Laurence Kornfield of Technical Services about this issue of doing work outside the scope of a permit. Ms. Yovanopoulos said she also spoke with Wing Lau and Joan MacQuarrie of DBI at that time and the code was not changes. Ms. Yovanopoulos said she was told that the penalties were sufficient.
Mr. Jitu Samaya introduced himself as the person who was being discussed regarding 2844 -2846 Greenwich Street. Mr. Samaya apologized for not being present at the last meeting when this item was first discussed, but said he was not aware that it was being brought up. Mr. Samaya stated that it is the responsibility of the Commission to hear all of the facts and to decide on the value of the facts presented. Mr. Samaya said that in reading the minutes of the last meeting he compared the testimony given as reactionary. Mr. Samaya said that it is as if a crack in a window is reported all of a sudden it seems as if the building is falling down. Mr. Samaya referred to page 13 of the previous minutes where it is stated that the owner refused access to the building. Mr. Samaya said that when an inspector who identified himself only as Chris came to his door he had no idea who the inspector was. Mr. Samaya stated that his is used to dealing with Dan Dukes in the past. Mr. Samaya said he asked Chris for his supervisor’s name and this was translated as a refusal to enter his building. Mr. Samaya said that he then called Senior Building Inspector Marvin Ruiz. Mr. Samaya explained that the complainant states that the penthouse addition is 25’ x 25’ when it is actually 8’ x 12’. Mr. Samaya admitted that four days before Christmas his workers jumped the gun by starting construction without the proper permit. Mr. Samaya stated that he told the workers to stop work and called his neighbor to talk about the situation. Mr. Samaya said that this situation has dragged on and that he was submitting pictures and the true dimensions of his project to the Director. Mr. Samaya admitted that the work was done, but wanted to explain that it was done by workers who did not understand the process and only wanted extra money for the holidays.
Mr. Joe O’Donoghue of the Residential Builders Association said that he had no interest in this case other than wanting to state that San Francisco issues approximately 25,000 permits per year, and very few cases of abuse of the system are brought to the attention of the Department. Mr. O’Donoghue said he did not want the Commissioners to get carried away by making wild changes. Mr. O’Donoghue said that one case is insufficient to have the Commissioners waste a great deal of time in reviewing the entire system. If the system were not working then time should be spent in making changes. Mr. O’Donoghue reminded the Commissioners that DBI is not using money from the general fund, it is funded by the people and the Commission should spend this money in a prudent manner. Mr. O’Donoghue stated that the Commission had been formed because witch hunts had been started in the Department that questioned the reputation of inspectors. Mr. O’Donoghue said he sympathized with Mr. Samaya as his reputation was being questioned. Mr. O’Donoghue stated that if an allegation is made against anyone that person should be notified and allowed due process to appear at the meeting in order to protect their reputation. Commissioner Hood informed Mr. O’Donoghue that the Commission only learned about this issue at the public comment section of the last meeting. It was not an agendized item.
c. Report on status of computer and printer to be installed at customer station on 1st floor.
Director Chiu reported that two new computers had been installed at the Customer Services area on the first floor of the Department on Monday and that a new laser jet printer was installed on Tuesday. Director Chiu said that there was still some frustration amongst the customers so instructions on how to use the new system has been provided. The Department will continue to monitor and improve this situation. Commissioner Walker asked if customers were now able to search for an application by address. Director Chiu said that this problem was solved last weekend.
d. Report on the method of calculating the annual apartment house fees from number of rooms to number of units.
Chief Housing Inspector Lesley Stansfield presented an updated report, as requested by Commissioner Guinnane, on the method of calculating the annual apartment house fees from number of rooms to number of units. Commissioner Guinnane had asked that the previous report that was submitted be increased to allow for the fees to include the largest number of hotel rooms and units in the City. Ms. Stansfield stated that the report included all possible numbers and said that there were one or two hotels that had 1,750 rooms and some apartment buildings that had as many as 750 units. The new fee schedule would allow for larger fees to be charged per the amount of rooms or units. Ms. Stansfield said that if the Commission approved of the new fee schedule she would be happy to work with Deputy City Attorney Boyajian to revise the ordinance covering the annual fees. Director Chiu said that Commissioner Guinnane had raised this issue, he wanted to make sure the Commissioner was satisfied with the report. Commissioner Guinnane said that he was satisfied and had received information from Ms. Stansfield. Commissioner Marks asked if information was sent to only certain Commissioners. Commissioner Hood explained that if a Commissioner is interested in a particular item, sometimes DBI staff works directly with that Commissioner. Commissioner Marks asked if in future all Commissioners could be supplied with all information requested. Commissioner Guinnane said that his intention had been to find out what the largest hotel and apartment buildings were and to charge fees accordingly. Now that information has been supplied and Commissioner Guinnane said that the Commission should move forward with the change. Commissioner Marks said that she believes the information was adequate to change the ordinance from room to units. Commissioner Hood said that exact language has to be drafted for the ordinance. Director Chiu said that if it is acceptable to the Commission, he would work with Deputy City Attorney Boyajian to draft the ordinance and bring it back to the Commission for review. Commissioner Guinnane suggested that this be done. President Fillon asked if there were any public comment. There was no public comment on this item.
e. Report on cost versus revenue generated for Department to be open on Saturdays.
Director Chiu said that he asked staff to report to him on Saturday activity at DBI. The average number of applications filed is ten to thirteen and fifteen to twenty permits are issued. Director Chiu reported that two weeks ago ten new applications were filed with a valuation of more than $17M and a plan check fee of $98,000. On that day fifteen permits were issued with a valuation of $10M and a fee of $75,000. Director Chiu said that this generated between $170 - $180,000for staying open four or five hours. The expenditures associated with Saturday are for two to four clerks who are available for permit intake and one plan checker. These employees work on any backlog or regular duties if when there are no customers. Director Chiu estimated the cost of staff to be approximately $750.00 so staying open on Saturday is definitely cost effective. Director Chiu said another advantage of being open on Saturdays is that the lines are shorter during week days and also Saturdays are more convenient for homeowners. Director Chiu said that he would like to continue the Saturday service. Commissioner Guinnane said he was satisfied with the report and was informed at the last Commission meeting that employees were not just sitting idle on Saturdays, but continuing to work on regular backlog. Commissioner Guinnane said he fully supports the Saturday opening. President Fillon said that he was happy to see the Department providing a service to the community that is customer friendly. Commissioner Hood asked if a sign could be posted letting the public know about the business hours on Saturdays and suggested that the service be announced in DBI’s newsletters. Commission Santos said that there is a sign posted on the first floor and that this is a great service to the public.
5. Public Comment: The BIC will take public comment on matters within the Commission’s jurisdiction that are not part of this agenda.
Ms. Mia Lord of 174 Majestic said that she has been ordered out of her property by her doctor and is living at the Granada Hotel. Ms. Lord said that she will be attending the next Commission Meeting and wanted to know if the Commission has discussed her problem that she has been bringing to the Commission for several years now. Ms. Lord said she is no longer sleeping at 174 Majestic and requested DBI to pay her rent of $65.00 per day. Ms. Lord said that the Commission needs to get moving on this issue and said that she had sent a letter to former Commissioner Vasquez stating that her situation is a gross injustice. Ms. Lord said that she cannot be held responsible for the code violations against her property at 174 Majestic and was upset that Director Chiu did not mention her letter in his Director’s report. President Fillon asked Ms. Lord to address the Commission and not Director Chiu. Commissioner Walker told Ms. Lord that the City Attorney’s office had denied her claim against the City, therefore, the Commission could not act on her behalf. President Fillon reminded Ms. Lord that her three minute’s speaking time was up.
Mr. Ken Cleaveland of BOMA congratulated the new Commissioners saying that they had a great deal of work ahead of them. Mr. Cleaveland said that he looked forward to working with the Commission and congratulated President Fillon and Vice-President Hood on their hard-fought reelections. Mr. Cleaveland said his organization represents more than 300 downtown office building’s owners and has been around since 1914. The organization has a history of being involved with DBI over the years. Mr. Cleaveland said that he agreed with what Mr. O’Donoghue had said earlier, that the Department and the Commission should not focus on a few bad apples, but should focus on the majority that include such organizations as the AIA, BOA and RBA as well as the general public. Mr. Cleaveland said that there needs to be more discussion on the interpretation of codes and the way they are implemented. This would save industry time. Mr. Cleaveland said he was concerned that Committee meetings had been discontinued until further notice and would like the Commission to authorize the restarting of these monthly meetings. Mr. Cleaveland said that the changes to Proposition G should not mean that groups cannot meet and discuss policy. Mr. Cleaveland said that on behalf of BOMA helooks forward to the Commission reestablishing these committees.
Ms. Patricia Vaughey said that while she respects Mr. O’Donoghue’s comments on the majority of builders and the public being honest there are several properties that have built and changed use without permit. Ms. Vaughey cited 2685 Pine Street, 47 Stoneyford, 61 Tucker and 1676 Newcomb as some of the problem properties. Ms. Vaughey said that 1676 Newcomb is a UMB that was commercial and has been turned into five units. Ms. Vaughey said she agrees with Mr. Cleaveland that those people who are not following the rules are making it difficult for honest people to do business. Ms. Vaughey said that extreme fines need to be levied and the code needs to be enforced so that everyone is treated equally. Commissioner Hood asked Ms. Vaughey if she would provide the Department with copies of documents she was referring to. Ms. Vaughey said that she would provide copies to Director Chiu. Ms. Vaughey asked what the code is on penthouse stairwells. She said that the Fire Department has gone back and forth on this issue and that there is nothing in writing to explain the code. Ms. Vaughey said that residential property is treated differently than lofts regarding these stairwells. Commission Hood suggested that this be a future agenda item. Commission Walker said she would like the Commission to address the issue of building without permits and going beyond the scope of permits as to the impact on others. President Fillon said that this issue should go through the proper channels and the Department should have a shot at solving problems before they are brought to the Commission. Ms. Vaughey said that most of the offenders are repeat offenders and that the addresses she mentioned were just some examples of repeat offenders . Commissioner Marks said it is important for the Commission to look at penalties and at specific cases to get a better idea as to how widespread this problem is.
Bruce Boniker of NARI stated that he wanted to reinforce what Mr. Ken Cleaveland had said regarding the use of the various Committees, such as the Public Advisory Committee and the Disability Access Committee. Mr. Boniker said that these committee meetings are a valuable venue for staff and also DBI’s clients. Mr. Boniker said that he has noticed that since the computers went down in January, Mr. Roger Zulaybar of the One-Stop Program seems completely overwhelmed. Mr. Boniker suggested that the Department look into providing some temporary assistance for Roger. Mr. Boniker wanted to note for the record that he had not spoken with Mr. Zulaybar about this issue. Commissioner Walker said that the Commission should look for a way to reinstate the various committees that does not violate Proposition G.
Director Chiu said that there are a number of reasons why the committees have been suspended. The new Commissioners need time to see what needs to be done and what the direction of the Commission will be. In no way is the Department abolishing these committees, but needs to reinstitute them with new direction. Commissioner Walker said that this should be a future agenda item.
Mr. Joe O’Donoghue congratulated the new Commissioners and said that he wanted to thank Commissioner Walker for coming onto this Commission as she will no longer be at the Planning Commission meetings. Mr. O’Donoghue went on to say that Board of Supervisor’s President Tom Ammiano said that with the new Commissioners he appointed, tenants might get a better standing before landlords. Mr. O’Donoghue said that the BIC is a tenant’s commission. This Commission has enforced the Heat Ordinance Law that was passed in 1978 and not enforced until the BIC was formed. Mr. O’Donoghue said that this Commission is also a unioncommission making sure that people are compensated for their work.
6. Review of Communication Items: At this time, the Commission may discuss or take possible action to respond to communication items received since the last meeting.
Ms. Mia Lord of 174 Majestic said that she wanted to point out her letter and important notice that her doctor ordered her out of her house. Ms. Lord stated that she no longer sleeps at her home and expects DBI to pay for her rent, $65.00 per day. Ms. Lord said that DBI and the BIC need to act on her requests as she cannot afford to pay for a lawyer. Ms. Lord asked the Commission to do the honorable thing and said she will continue to attend meetings until she is heard.
At this time, 2:35 p.m. the Commission took a break.
The meeting resumed at 2:50 p.m.
7. Review, discussion, and possible action on the proposed budget of the Department of Building Inspection for Fiscal Year 2000-2001. Proposed action to approve second budget draft.
Ms. Amy Lee, Manager of Administration and Finance reported on her meeting with the Budget and Finance Committee. Ms. Lee said that some minor changes had been made. Ms. Lee distributed a new revenue projection sheet. Commissioner Walker had asked Ms. Lee to do a revenue and expense report by divisions to aid in the decision making process for the budget and this was mailed to the Commissioners last week. Ms. Lee stated that she had a very productive meeting with the Controller’s Office regarding DBI’s revenues. The Controller’s Office needs to certify all of the Department’s revenues to make sure the projections are accurate and consistent to what is happening in the economy. The Controller’s Office has certified the revenue and in fact Ms. Lee increased the revenues slightly from $30.1M to $30.89M. Ms. Lee said that the economy is looking well, especially for the Department. City general fund is slowing down, but because of the building industry the Department continues to see growth in its revenues. The Department is very conservative in our revenue growth. The $30.89M in revenues is still slightly over what was received in 1998-1999, so the Department has historically been too conservative in revenue projections. As a result, the Department was too conservative in its expenditures as well. Ms. Lee said she is trying to close the gap, but is still remaining conservative so that the Department will never have the problem where there are ongoing expenses without ongoing revenues. That is the only major change in the budget.
Ms. Lee reported that she is still waiting to hear from other departments, such as the City Attorney’s Office about their work order amounts. Ms. Lee has received some figures from departments such as Central Shops regarding DBI’s vehicles. There has been an increase in this work order. The figures for these work orders will be in the next draft of the budget which will be a more final draft. For example, the Central Shops has increased the work order because gas is more expensive for our cars and because of new vehicles that were purchased.
Ms. Lee said she wanted to briefly explain the report that she completed at the request of Commissioner Walker. Ms. Lee stated that wanted to urge the Commission not to do a pure costbenefit analysis as is done in the private sector. DBI is a public government and the cost benefit analysis does not apply. For example, as shown on the statement of revenue and expenses, some divisions do not receive any revenues at all, mostly Administrative. However, this is similar to what was previously said about Saturday services, just because a division does not create sufficient revenue, it does not mean the division should be eliminated. These divisions are providing services. Revenue shown for Building Inspection Division is revenue that may have been generated by other divisions, such as Special Projects or One-Stop that also did work on permits.
President Fillon asked if there were any areas that stick out where the Department is underfunded. Ms. Lee said that she has not had time to do a thorough analysis, but on a general response she did not think so. Most of the areas are completely funded especially in terms of non-salary items. All of the divisions have always had sufficient materials, supplies, car equipment to carry on with business. Ms. Lee said that in last year’s budget the Department was able to get appropriations so that the Department is now on the way to reducing the gap between revenues and expenditures. Ms. Lee said that in preparing this budget she met with each of the Managers to assess their needs and the Director and Deputy Director’s have reviewed the budget to make sure the needs of the Department are met.
President Fillon asked when the budget is due. Ms. Lee said it is due February 18th to the Controller’s Office and March 1st to the Mayor’s Office, but basically the March 1st date is superficial as all of the work has to be done by the 18th. Ms. Lee has from the 18th to March 1st to write a narrative for the budget booklet for the Mayor’s Office. President Fillon asked what happens if that deadline is missed. Director Chiu said that his understanding is that the Mayor would then do the Department’s budget. Ms. Lee said, exactly.
Commissioner Hood said she wanted to ask about keeping the Central Permit Bureau fully staffed as there continues to be a very high level of permit applications. In the past, the amount of applications would fluctuate, but lately the amount just keeps increasing. Commissioner Hood said that her sense in being at CPB from time to time, especially with staff learning the new computer system, is that the clerks at the counters are under a great deal of pressure. Commissioner Hood said that there are only 2.25 positions added. Ms. Lee said that is actually equal to three new positions, three full bodies. Commissioner Hood asked if that meant that there will be three more people available at the counter. Ms. Lee said that was the intention. Ms. Lee said that Citywide other departments are not doing well with their general fund as the general fund is slowing down. These departments have to absorb their cost of living increases. To that end, Ms. Lee said that the Department should be cautious in putting too many new positions forward. The Department was very lucky last year to get as many positions as it did. Normally, the Department gets five to eight. Last year more than 16 new full time and 11 temporary positions were approved. Two years from now maybe construction will slow down and at that point the Department may have to decide to lay people off. The temporary salaries allow for flexibility. The temporary positions allow for staff to be hired in any division needed, not just for what is stated in the budget. Commissioner Hood asked where the temporary people come from. Ms. Lee said that they come from various sources, some from the outside, some from within. Many retired people, such as inspectors, who do not want to work full time come back to the Department on a part-time basis. Within the Department staff may want to move up to a new position.
Commissioner Walker said in looking at the request for new staff, have all of the positions that were approved been filled. Ms. Lee said no. Commissioner Walker asked is this was taken into account when asking for new positions. Ms. Lee answered yes. That is always considered.
Commissioner Marks said that in Administration under expenses there is a wide difference between the budgeted amount for salaries and the actual to date. Ms. Lee asked if Commissioner Marks were looking at the new form that was just provided. Commissioner Marks said yes.
Commissioner Marks said $1,858,726.00 has been allocated and the total to date is $402,378.00. Commissioner Marks asked if this was a reflection that staff has not been hired at the Administrative level. Ms. Lee explained that she had submitted an incorrect form. She used the actuals for the first quarter only and this item was not projected out. Ms. Lee apologized and said that she would provide a new revised form. Ms. Lee stated that as requested by the Commissioners she did a division by division request and programmatic description. Ms. Lee said that the Department is not able to fill positions at 100% all of the time because someone is always retiring or leaving and there is a lag time. This has been a problem in the past where expenditures have not been spent fast enough.
Commissioner Hood asked about total revenues versus expenses and did the figures reflect that the revenues were larger than the expenses or that the expenses are larger than the revenues. Ms. Lee said that when there is a parenthesis that means that the expenses were larger than the revenue. This means that there was a loss. Commissioner Hood asked if the loss had to be made up from revenues from somewhere else. Ms. Lee said yes. For example, in looking at Permit Services it shows that CPS is losing a lot of money, but in looking at the Plan Check Division their revenues exceed the expenditures and they subsidize other divisions. This should be looked at as the entire Department, not division by division.
Commissioner Hood said that it would be very helpful not to have the budget printed on both sides of the paper as it is difficult to read. Ms. Lee said that she was this was done as she understood that both sides of the paper had to be used as a public format. Deputy City Attorney said that she believes there is an ordinance that says both sides have to be printed on in order to save paper. Ms. Lee said she would print on single sheets next time to make it easier to read the budget.
Commissioner Walker asked a general question about cars in the Department. Commissioner Walker wanted to know if there are some cars that are utilized as "pool" cars where several employees share the use of that car. Ms. Lee explained that there is no set "pool" however, within the Divisions autos are shared as needed. Director Chiu stated that Departmentally there is no pool. However, within a Divisions there is a pool. There may be one or two cars within the Division that are shared by ten people. Routinely there is a car pool within a Division. The Department is revisiting the issue of having a Departmental car pool so that cars that are assigned to Managers that are not doing field work may be more accessible to inspectors, etc.
Vice-President Hood said that during the 1989 Loma Prieto earthquake it was discovered that it was beneficial to the Department to have the inspectors drive the autos home at night or on the weekends. If all of the Departments cars were in the garage or parked in one place, during a disaster the cars could become inaccessible. Commissioner Hood said that former Commissioner Freeman had worked with the Department to set up an emergency response plan. This plan setup communication and availability of key people in the event of an emergency. The inspectors having the Department’s autos at their disposal was a key part of this plan.
Commissioner Walker said that she understood the need for cars to be available in an emergency and for the use of field inspectors. However, she was questioning the budgeted item of a car for the One-Stop Program that she understood was mostly a plan check and internal department in conjunction with Customer Service if they need to do community outreach. Commissioner Walker said she didn’t know if this would justify a full time car. Ms. Lee said that at present, this program has no car at all. There are times when the Manager needs to go on-site for quality control and the car would be shared with other divisions. Commissioner Walker stated that she just wanted to make sure cars such as this could be used by other divisions. Ms. Lee said that every morning at 8:00 a.m., because of the shortage of vehicles, inspectors are calling around the Department looking for cars that are not being used. Ms. Lee said there is a very family-like atmosphere at DBI in the sharing of cars. President Fillon said that he is always hearing that there is a shortage of cars. Inspectors do 11 or 12 inspections per day around the City and President Fillon said that he would like to see this problem solved. Ms. Lee said that last year the Department was able to get 10 to 15 new cars. Overall, there were 30 new cars; 15 being replacements and 15 additional vehicles. This year Managers did request more cars, but Director Chiu and Deputy Director’s Hutchinson and Wong decided to restrict this budget item with some sort of controls. New vehicles were only requested for those Divisions that really need a car and other requests were focused on replacement of old vehicles. There is a problem with older cars in the Department with 80,000 City miles on them. These cars need to be replaced as sometimes a car can be at Central Shops for more than three weeks with the inspector having to borrow a car that is not being used.
Commissioner Marks said that she has gone through the budget process previously. Commissioner Marks stated that the area she believes the Department needs to focus on is the Housing Inspection Division and Code Enforcement. The Housing Inspection Division did not ask for additional staff. Commissioner Marks said that she is concerned with routine inspections. Commissioner Marks stated that routine inspections are done only on buildings with multiple units and not on residential units. The revenues for Inspection Services, under penalties and violations is only 205. Ms. Lee said that the 205 is only a projection and the Housing Inspection will come slightly under budget. Ms. Lee said that figure is not where the Department receives housing penalty fees. Commissioner Marks said she understood that.
Commissioner Marks said she raised the issue because she believes the Housing Inspection Services needs to be pumped up. Ms. Lee said that when she met with Lesley Stansfield, Chief Housing Inspector, Lesley stated that she did not need additional staff. Housing Inspection Services have positions that need to be filled and this should take place in the next few months.
Director Chiu said that he did request two additional housing inspectors to work on SRO’s and Code Enforcement. Commissioner Walker stated that the Division is only at 25% of the goal for routine inspections. Commissioner Walker asked if Director Chiu thought that the goal for routine inspections could be reached with the addition of only two new housing inspectors. Director Chiu said, yes when the five vacancies are filled he believes the goal can be met within two years. Ms. Lee said that under Code Enforcement/Disabled Access the Commissioners could see that an additional two housing inspectors are included in the budget.
Commissioner Marks said that she is concerned that the Department does not routinely inspect residential single-family units for any code violations or activity going on without a permit. The only way the Department knows about such activity is if a citizen calls in and complains about it and that leaves a gap. President Fillon said that this issue is something that should be agendized as a discussion topic as it does not pertain to the budget.
Vice-President Hood said that the code does not allow the Department to inspect single-family residences. Single-family homes and duplexes are not inspected by the City by code, just by complaint. Commissioner Marks said she found it hard to believe that this restriction is in the code and asked if this meant that the City could not inspect residential units unless there is a complaint. Vice-President Hood answered, yes. However, the code is written the other way. The code states that routine inspections apply to three units and above. The building code also addresses this issue. Commissioner Hood said that there are a great number of single-family homes and duplexes and said that she agreed with President Fillon that if Commissioner Marks wanted to take this up in detail it should be at a later date. Commissioner Marks said that in every budget discussion she has been involved in part of the discussion is not just looking at the specifics, but for a Commission to decide in terms of policy where the activity of a Department should be focused. Commissioner Marks said that is why she believes the budget item is where this issue should be discussed as is done with an individual business. Commission Marks said that she still cannot believe that there is a law that prohibits a City agency from doing routine inspections in single-family residences. Deputy City Attorney Judy Boyajian said that this law is in the Constitution, specifically the 4th Amendment. The Department is not allowed into a single-family home unless they are invited. Commissioner Mark asked how the Department can check out work being done without a permit unless a complaint is filed. Deputy City Attorney said that the Department could only enter a single-family residence with a warrant from the court if the Department had reason to believe that there is illegal activity taking place, but the Department cannot routinely inspect these buildings. Deputy City Attorney Boyajian said that she would not want someone to be allowed to routinely inspect her home. Commissioner Marks said that her concern is that when citizens say to her that there is a great deal of activity taking place in their neighborhood and unless the neighbor makes a complaint there is no way that the Department is going to check out this activity. Commissioner Marks said that she thinks that this is a DBI responsibility to check out these single-family residences.
President Fillon stated that he was saying one last time that this issue is not part of the budget discussion and should be agendized for another time. President Fillon said that this is not part of the code that the Commission is here to administer. President Fillon asked what the Commission was expected to do at this meeting, to approve the draft or the actual budget. Ms. Lee said that the Commission would be voting to accept the draft as it is shown today and a more final draft would be submitted later.
Commissioner Hood said she would like to commend Amy Lee on her policy of having the projected revenues more realistic because in the past, the Department did get more revenues and did not plan to spend enough. It is very difficult to get allocations after the budget is approved.
Commissioner Hood made a motion, seconded by Commissioner Guinnane to accept the draft budget as presented. President Fillon asked for a roll call for the record. The Commissioners voted as follows:
Commissioner Marks No
Commissioner Sanchez No
President Fillon Yes
Commissioner Guinnane Yes
Vice-President Hood Yes
Commissioner Santos Yes
The motion carried with four Commissioners voting for the motion and three Commissioners against.
[Resolution No. BIC-006-00]
President Fillon asked if there were any public comment.
Joe O’Donoghue of the RBA asked does the Department take an inspector from enforcing the SRO’s against derelict landlords and in the downtown tenderloin area or do we follow the Examiner’s story and do an investigation as they reported that Tom Ammiano had an in-law unit in his house. Mr. O’Donoghue said that he felt this is a waste of time to pursue illegal in-law units in people’s houses especially under the Agnos Commission that voted not to enforce these properties as they are the only affordable means of housing in San Francisco.
Mr. O’Donoghue said he was happy to see Commission Marks raise this issue as it will be taken to the public where it belongs. In terms of the automobile, this Commission was selected on the bases that everyone coming from the general public was bringing a specialty from their careers. Mr. O’Donoghue said that President Fillon had two Master’s degrees, one in architecture. On the issue of automobiles Mr. O’Donoghue said that in years past, the unions would allow employees using their own car to claim $.22 per mile. This system was very lucrative for the employee and a disaster for the Department. Mr. O’Donoghue said he was curious that Commissioner Walker would bring up the fact there are ten employees in one Department and one car. Mr. O’Donoghue said that the person running that Department has a need to use a car in order to sometimes check that the plans that are submitted are indeed legitimate. Mr. O’Donoghue asked the Commission if there was some reason why this Division whose Manager happens to be African American was singled out. Mr. O’Donoghue asked if there was a complaint about this person from other employees who were jealous as this position was a much sought after one. Mr. O’Donoghue thanked the Commission.
Commissioner Walker said that it was explained to her that this department was an internal, expediting department and any other inferences are totally inaccurate. Mr. O’Donoghue thanked Commissioner Walker for the explanation and Commissioner Walker said that she was glad to know that the department goes out and check the facts. This is something she encourages.
Mr. Bruce Boniker said that he wanted to commend Amy Lee for her very comprehensive work and thanked Commissioners Hood and Walker for bringing up concerns about staff and the hiring and filling of vacancies. Mr. Boniker said that one of his concerns is that when positionsare filled they are from within the Department and that creates another vacancy. Mr. Boniker said that the Department needs to get the Department of Human Resources (DHR) to assist in speeding the process for getting the Department up and running at full level. Mr. Boniker said that the Department seems to be balkanizing into many little divisions and said that the Commission might want to reconsider bringing those divisions back into fewer divisions. Mr. Boniker said that with fewer divisions, equipment issues might be less crucial. Mr. Boniker said that by equipment he was referring not only to cars, but also computers and cellular phones, etc. Mr. Boniker pointed out that Housing Services had said that they would complete a survey of which buildings needed more routine inspections and he does not believe that survey has been completed. Mr. Bonier said that he does not believe that 2.25 people are going to be sufficient to do comprehensive routine inspections. Lastly, Mr. Bonier asked about what happed with last year’s addition to the $12M dollar surplus slush fund that the Department seems to wind up with at the end from the excess permit fees that have been charges. Mr. Boniker asked where is that going and how it factors into the budget.
Ms. Lee said that she would touch briefly on the last questions about the surplus budget. The Department has a surplus fund as well as a deferred credit fund. The deferred credit fund holds off all revenues that have yet to be earned. In particular, this relates to projects that have a lifetime of more than one year. Good accounting practices do not allow the Department to acknowledge and receive those revenues, so they are put in the deferred credit account. Ms. Lee further explained that at the end of the year, when it is discovered that the Department did not spend as much as previously thought, and revenues may actually be higher and after the deferred revenue is put aside into the account, then there is a surplus fund. Ms. Lee said that at present there is approximately $7M in that account. Last year $1.5M was spent for a supplemental to upgrade the MIS system and for Y2K compliance. $1.2M was spending to upgrade the capital building in terms of 1660 Mission Street. This year approximately $1.2M has been set aside for additional 1660 Mission Street improvements. The surplus fund will be utilized because this is a one time deal. The surplus fund is a good fund for us to keep because if something did happen to revenues the Department will never get a general fund subsidy. The Department needs to keep a comfort blanket for the future.
Commissioner Hood said that the Commission has had a policy of not increasing fees. In fact, fees have not been increased for the past five years. Commissioner Hood said that is not true of the Planning Department so DBI has been trying to hold down the cost to the public. The surplus has come about because the industry is so busy right now, but that is not something that can be counted on in the future. Commissioner Hood stated that in the years 1990 - 1995 the industry dipped down. Ms. Lee said that other jurisdictions keep a larger surplus account. Many departments try to keep an amount similar to cover the cost of one operating year. Ms. Lee said that in the revenue section of the budget it shows that nearly $800,000 - $900,000 is received in interest income. Ms. Lee said she did make an adjustment and moved a lot of dollars in the deferred credit account to the surplus account because previously no reconciliation was done between the three funds. Now Ms. Lee is doing a reconciliation every six months to move money into the surplus account on a more timely basis.
President Fillon asked if there was a committee working on the budget. Commission Hood said that yes, a Budget Committee had been set up. President Fillon asked who was on theCommittee. Commissioner Hood said that Commissioner Guinnane, Commissioner Marks and former Commissioner Vasquez were on the committee. Commissioner Walker said that the committee had met the previous week. President Fillon asked if Commissioner Walker were on the Committee and she answered that she had only attended the meeting. President Fillon asked how many members were allowed on the Committee. Ms. Lee said three. President Fillon asked if the Committee had to be limited to only three. Commissioner Hood said yes, because otherwise if there are four that would constitute a quorum for the Commission. Deputy City Attorney Boyajian said it is not a good ideal to have extra Commissioners present at a Committee Meeting as then they are participating in some way and it may be against the Sunshine Act. Commission Secretary, Ann Aherne said that at the Committee Meeting the Commissioners talked about making the next budget meeting a special meeting so all Commissioners could attend. President Fillon said that he felt he should be present as President. Deputy City Attorney Boyajian said that the best thing to do would be to hold a special meeting, but at least four Commissioners need to show up and she reminded the Commission of the dead line coming up. Deputy City Attorney Boyajian cautioned that the Commissions were off of the agenda as the setting of future meetings is actually Agenda Item #10B.
President Fillon asked if there was any public comment. Mr. Joe O’Donoghue said that the reason former Commissioner Vasquez was on the Budget Committee was because he was the acting President at that time. Mr. O’Donoghue said that this was a new Board and what was done at a previous meeting could be rescinded. Mr. O’Donoghue said that this was just a parliamentary maneuver that could be verified by the Deputy City Attorney. Mr. O’Donoghue thanked the Commission.
Commissioner Hood stated that in the Commission’s By-laws and Procedures the President could appoint Committee Members. Deputy City Attorney Boyajian said that the acting President did that at the previous meeting and that Mr. O’Donoghue was right in that the Commission could rescind that action and appoint a different committee. Commissioner Hood said that the current President could fill the vacancy that was created by appointing himself to the Committee. President Fillon said that he wanted to be on this Committee. Commissioner Marks recommended that it be scheduled as a Special Meeting of the full Commission as she felt the full Commission should participate in the budget process. Deputy City Attorney Boyajian said that this should be discussed at Item 10B. President Fillon agreed.
8. Review of Draft Job Announcement and possible selection of Committee to hire BIC Secretary.
Commissioner Guinnane said that at the last meeting Commissioner Hood made some comments about the draft on page two under desirable qualifications and the issue about building codes or the ability to learn building codes in a quick manner. This line should be stricken from the draft. Commission Secretary, Ann Aherne reminded the Commissioners that they were supposed to get back to her with any comments or suggestions on the draft and none had been received. President Fillon said he had a problem with the draft language that relates to the inclusion of conducts investigations. President Fillon said that he felt this was inappropriate as the Secretary should not get the impression that he or she is conducting investigations of anything on their own accord. There have been problems in the past with this kind of activity and President Fillonasked that the sentence be removed from the draft job announcement. Commissioner Hood said she agreed that the entire sentence could be removed. Commissioner Hood said the line that states "has responsibility for and performs other duties and tasks as required by the Commission" is a catch all for the duties of the secretary.
Deputy City Attorney Boyajian asked why the secretary needed to be able to prepare ordinances since that is what she does. Commissioner Hood said she thought that what was intended was for the secretary to organize and file the ordinances from the City Attorney’s office. Commissioner Hood said that when an ordinance comes before the Commission, the secretary needs to make sure that it has also gone to the Code Advisory Committee. This is more like an organizational, administrative role. President Fillon said that the Commission needs to be very honest about this position. What is needed is someone who is capable of handling a great deal of paperwork and distributing it among all the Commissioners. Getting the information out to the public in a timely manner and following deadlines is very important. The Commission does not need someone to do policy analysis or interpretations for the Commissioners. Commissioner Marks said if this were true then she was shocked to see the amount of salary provided. Commissioner Hood said that she had looked into the salary for a long time and thinks that it is very much deserved. It is a tough position because the person is constantly under fire with meeting demands for the Brown Act. Commissioner Hood said the position needs to be filled with someone with superb organizational skills to make sure the Commission is following their own procedures and policies. The new requirements of the Brown Act and the Sunshine Act are very complex. This is far beyond a normal clerical position. Commissioner Hood said she believed that the salary would be higher in the public sector and that she did not think this salary out of line. Deputy City Attorney Boyajian said that the salary is set by the Human Resources Division, so all Commission Secretaries are paid the same.
Commissioner Marks asked about the method that was used previously to hire a Commission Secretary. Commissioner Marks said that she thought that at an earlier meeting it was said that one Commissioner took responsibility for reviewing applications and then narrowed the field down to maybe three individuals who would qualify. Commissioner Marks recommended that one Commissioner who is interested in this issue take on this responsibility. Commission Hood said that actually the first time a Commission Secretary was hired, a Committee was formed who looked at the applications and resumes that were submitted, and every member of the Committee read every resume. Then the Committee met and narrowed the field down to the people who were worth interviewing. Vice-President Hood said four or five people had been interviewed. Then the Committee selected the most qualified individuals and made a report to the full Commission. Then the Commission selected a short list from those people. Then there was a second interview. Commissioner Marks said that she understood at the last Commission meeting that Deputy City Boyajian said that if a Committee were formed, then there was a possibility that the Commission would have to make the information public about the candidates applying for the position. Deputy City Attorney Boyajian said that yes, however, since the last meeting she did some research and the Commission can have a closed session of a Committee to deal with personnel. Deputy City Attorney Boyajian stated that you can have a closed session, just at the full Board can convene in closed session for personnel, interviews and resumes screening. President Fillon asked if a Committee could be formed now. Deputy City Attorney said that since it was on the agenda the Committee could be formed.
Director Chiu said that he remembered that a Committee did make recommendations to the Commission for the hiring of the Commission Secretary, but the entire Commission interviewed the final candidates. Director Chiu said he recalled that the President recommended his selection back to the Commission.
President Fillon said that he would like to form a Committee of three to review applications and make recommendations as he did not think it was a good idea to have only one person selecting the candidates. Vice-President Hood said she agreed with President Fillon. President Fillon recommended the Committee be made up of Vice-President Hood, Commissioner Guinnane and himself. Both Vice-President Hood and Commissioner Guinnane have been through the process before and have knowledge of the requirements and personality traits necessary for the position. Commissioner Marks recommended Commissioner Walker for the Committee. President Fillon said that the Committee would be limited to three, but he would agree that Commissioner Walker could be an alternate. Commissioner Marks stated that she thought Commissioner Walker might bring a different point of view and a different perspective to the Committee. Commissioner Marks said she felt it was important for a newer member of the Commission to be involved in the hiring process of a new Secretary. President Fillon said that he thought Commissioner Walker would be more than welcome to come to the Committee meetings on this issue. However, Commissioner Walker said that when she went to the Budget Committee Meeting as an alternate, she was instructed by Deputy City Attorney Boyajian that it probably was not a good idea because of the new laws governing the Brown Act and the Sunshine Ordinance. Commissioner Walker said she was once again asking for training on both of these. Commissioner Walker stated that she has not created any battle lines on the Commission and would like the Commission to work together for the next two years to get necessary work accomplished. President Fillon stated that in choosing Vice-President Hood and Commissioner Guinnane for this Committee, it was not his intention to cause any division on the Commission, but these Commissioners have been working on soliciting a Commission Secretary for several months now. Commissioner Walker said that there had not been any formal notice for the hiring of a Secretary so how could people be solicited. President Fillon stated that the former Commissioners had been working on the draft announcement and have been discussing what kind of person will best fit the position. Commissioner Walker said that she would like to put it on record that she did not like the way the Committee was formed and thought that President Fillon was setting a tone for the future. Commission Marks said that she agreed with Commissioner Walker. President Fillon stated that he did not understand Commissioners Walker and Marks’ statement and asked for a vote.
President Fillon said that he would like to make a motion to form this Committee and to take a vote on it. Commissioner Marks said that as President of the Commission one of the goals she hoped President Fillon would have is what Commissioner Walker presented and that would be for President Fillon to use his discretion to develop a working team. Commissioner Marks stated that from President Fillon’s decision, or recommendation, she did not feel that he was reflecting an attitude of wanting a team to work together. Commissioner Marks said that she did not think President Fillon was doing this intentionally. President Fillon stated that he respected Commissioner Marks’ comments and said that he was not trying to create a division. President Fillon asked for a second on his motion. Commissioner Santos seconded the motion.
President Fillon said that he wanted to make it clear that the Committees were not going to behiring the Commission Secretary, but would be making a recommendation to the entire Commission.
The Commission as a whole will be making the final decision. President Fillon said that the Committees are formed so that the Commission can get more work done.
The Commission voted as follows:
Commissioner Marks No
Commissioner Sanchez No
President Fillon Yes
Commissioner Guinnane Yes
Vice-President Hood Yes
Commissioner Walker No
Commissioner Santos Yes
The motion carried with four Commissioners voting for the motion and three Commissioners against.
[Resolution No. BIC-007-00]
President Fillon said that the Committee will be meeting and get back to the Commission.
Mr. Joe O’Donoghue of Residential Builders said "let’s call a duck and duck and a spade a spade." This Commission is already politicized, it was in the manner in which the selections were made. Mr. O’Donoghue said that the Commission had already started into the politics and said he intended to keep that up. Mr. O’Donoghue stated that he was glad he was on his side of the aisle and that he was rather amused to hear Commissioner Marks’ remarks that a salary of what has been set out is too high. Mr. O’Donoghue said if Commissioner Marks did calculations this salary would fit into Tom Ammiano’s living wage. Mr. O’Donoghue said he must propose that there is a split in Supervisor Ammiano’s camp regarding salaries.
Secondly, Mr. O’Donoghue said that he would ask the new Commissioners to do research on past Commission issues so they can be educated on all the facts. The facts are that when the Commission was first started, over the coalition of San Francisco Neighborhoods’ opposition, the proposed salary of a Commission Secretary at that time was supposed to be $75,000, but unfortunately the salary was set by the Department of Human Resources. Mr. O’Donoghue said that the Commission was looking for a Secretary with superior qualifications as the Secretary would be involved with a brand-new Commission. Mr. O’Donoghue said that now that there is a qualified Commission many of the qualifications for a Secretary can now be minimized. For instance, the qualification of a degree with five years in this particular field was unique. When the Commission was started there was only one person who met that qualification who happened to have a Jesuit education and the Commission was lucky to get that particular person at the time. Mr. O’Donoghue said that he was glad to see the Commission split into the way it is as the Commission is giving the public great politics. Mr. O’Donoghue told the Commission to look for the Independent and a new newspaper that will be coming out with an all new range and advertisements regarding the politicizing which was caused by the President of the Board. Mr. O’Donoghue stated that the former Commission was the best, most objective Commission ever. Mr. O’Donoghue said that the President of the Board of Supervisors is going to loose big time politically for politicizing this Commission. Mr. O’Donoghue thanked the Commission.
9. Review and approval of the Minutes of the BIC Regular Meeting of January 19, 2000.
President Fillon said that he would have to recuse himself from voting on this item as he was not at the January 19, 2000 meeting.
Commissioner Guinnane made a motion, seconded by Commissioner Santos that the minutes be approved. The motion carried unanimously.
[Resolution No. BIC-008-00]
10. Commissioners’ Questions and Matters.
a. Inquiries to Staff. At this time, Commissioners may make inquiries to staff regarding various documents, policies, practices, and procedures which are of interest to the Commission.
Commissioner Walker said that she wanted to bring up an issue that had been raised by Mr. O’Donoghue. This issue being the verification of prior use of properties on applications. Commissioner Walker stated that some of the problems that arise on down the line with buildings are because of misstated prior use on applications. Commissioner Walker said she would like to have this issue on a future agenda. Commissioner Walker stated that she understands that the One-Stop Program does quality control at the end of the permit process, but and suggested that perhaps something could be done during the plan check process.
Commissioner Walker asked if it were possible to get a copy of the Management Audit that was finished at one point. Vice-President Hood suggested that Amy Lee, Manager of Administration and Finance could speak on this question. Ms. Lee reported that the results of the audit have not yet been published. Ms. Lee said that the Controller’s will be coming back to the Department with additional questions that were not answered during the first study. The Controller’s Office will be coming back to DBI to do further study and after that the audit results will be published. Ms. Lee stated that this will take some time.
Commissioner Walker asked Ms. Lee if the Commissioners would be receiving regular financial reports. Ms. Lee answered yes, the Commissioners will receive monthly financial and revenue reports as well as a City Attorney’s billing.
Commissioner Marks reported that she received information regarding a permit being revoked on property involving a carport at a property located at 825-831 Scott Street. Commissioner Marks asked Director Chiu to give a report on this issue at the next regular Commission meeting. Director Chiu asked Commissioner Marks for copies of the records she received and said he would be happy to look into the situation and report back.
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.
Commissioner Hood said that one agenda item for the next meeting would be the penalties for not having a permit to do work and whether or not the code is ambiguous. Commissioner Hood stated that she wanted to discuss repeat offenders or people who deliberately use getting a permit and then expand beyond it. Commissioner Hood said she would like review how the Department defines the difference between new work and doing work without a permit at all, which is currently the worst penalty.
Commissioner Marks asked if the Commission could first determine if there is going to be a meeting specifically to finish the budget work. Commissioner Hood said that she thought when the budget was previously discussed there was to be one special meeting to meet the schedule. Ms. Lee said that it did not have to be a special meeting, but there does have to be two public hearings on the budget. There have already been two, but it is up to the Commissioners as to whether there needs to be a special meeting. Ultimately the Commission needs to adopt a final version of the budget. As long as the Commission adopts a final version of the budget, that will be sufficient. Commissioner Hood said that the Commission only voted on the draft at this meeting. Commissioner Hood asked what was the deadline for Amy Lee having the budget to the Mayor’s Office. Ms. Lee answered that the budget needs to be submitted by February 18th. Commissioner Hood said that she thought there should be another meeting. Secretary Ann Aherne said that a room had been reserved for Monday, February 7th. Commissioner Walker said that she would not be able to attend a meeting on the 9th. There was discussion about waiting until February 16th. However, it was decided that if there were any changes to be made, Ms. Lee would not have sufficient time to make them. Ms. Lee said that she would need at least four days to make any changes. Commissioner Walker said that the meeting should take place on the 9th. However, she was letting the Commission know that she would not be able to attend. Commissioner Hood asked if the meeting could be in the afternoon. Secretary Aherne said that she would notice the meeting for February 9th in the afternoon as a Special Meeting.
Commissioner Marks asked if the issue of doing work without or outside the scope of a permit could be agendized for a regularly scheduled meeting. This item will be on the agenda for February 16th. President Fillon asked Commissioner Marks if she also wanted to discuss single-family housing policies. Commissioner Marks answered yes. Commissioner Hood said she would like that item to be - how are things handled with single-family houses when they are not covered by the code so there can be a positive way to deal with this issue.
Commissioner Walker said she would like the issue of prior use of buildings to be agendized. Commissioner Hood said that there is a whole area, especially where demolitions are concerned where people misrepresent what the existing conditions are. Commissioner Hood said that the Commission should look at how the code deals with this as it is a problem.
President Fillon asked if there was any public comment. There was no public comment.
11. Public Comment: The BIC will take public comments on matters within the Commission’s jurisdiction that are not part of this agenda.
Mr. O’Donoghue said that Commissioner Marks brought up an interesting case and he was glad she brought it up at the end of the meeting. Mr. O’Donoghue was referring to the case on Scott Street that he is involved in. Mr. O’Donoghue said that for the edification of the Director, Mr. O’Donoghue said he supported a variance on Scott Street. Mr. O’Donoghue said he would like Commissioner Marks to look into how the tenants of the building on Scott Street were handled by the present owners of that building as part of the inquiry. Mr. O’Donoghue said he believed there were some unorthodox methods used in vacating that building. Mr. O’Donoghue said that without that knowledge he supported a variance on that building before the Zoning Director. The Zoning Director supported his support of the variance. Unfortunately, another department turned down the variance because it did not meet the regulation of the parking requirements and that is where the case stands. Mr. O’Donoghue stated that he still supported the variance, even though it was an intrusion into the backyard space of his property. This would set a great precedent for residential builders all over the City, where if the variance is allowed on Scott Street, then parking can be put into all of the buildings along Geary Blvd. In 1978 when the zoning was changed, parking was not allowed back into the full part of the lot. Mr. O’Donoghue said he was thankful to Commissioner Marks for raising this issue because he hopes she is on the right track about getting cars off of the street. Mr. O’Donoghue said all that had to be done was to enclose the back of the lots as was done prior to 1978.
12. Adjournment.
Commissioner Guinnane made a motion, seconded by Commissioner Santos that the meeting be adjourned. The motion carried unanimously.
[Resolution No. BIC-009-00]
The meeting was adjourned at 4:25 p.m.
______________________________
Ann Marie Aherne
Interim Commission Secretary
Prepared by: Ann Aherne
SUMMARY OF REQUESTS BY COMMISSIONERS | |
Draft of ordinance regarding annual apartment house fees by Deputy City Attorney Judy Boyajian - Commissioner Guinnane |
Page 6 |
Review of reestablishment of various committees after review of Proposition G regulations - Commissioner Walker |
Page 8 |
Review of the current San Francisco Building and Housing Code requirements regarding routine inspections of single-family and two unit buildings. |
Page 13 |
Follow-up on 825 - 831 Scott Street - Commissioner Marks |
Page 20 |
Review of the San Francisco Building Code regarding penalties invoked for work done without a permit or work done outside the scope of an existing permit. |
Page 21 |
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