February 02, 2010 (Special)

BUILDING INSPECTION COMMISSION (BIC)

Department of Building Inspection (DBI)

REGULAR MEETING

Wednesday, February 2, 2010 at 9:00 a.m.

City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416

Aired Live on SFGTV Channel 78

MINUTES

 

The special meeting of the Building Inspection Commission was called to order at 9:12 a.m. by President Murphy.

 

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

COMMISSION MEMBERS PRESENT:

Mel Murphy, President

Reuben Hechanova, Vice-President

Kevin Clinch, Commissioner

Robin Levitt, Commissioner

Criss Romero, Commissioner

Frank Lee, Commissioner

Debra Walker, Commissioner

Ann Aherne, Commission Secretary

 

D.B.I. REPRESENTATIVES:

Vivian Day, Director

Edward Sweeney, Deputy Director

William Strawn, Communications Manager

Rosemary Bosque, Chief Housing Inspector

Pamela Levin, Administration & Finance Division Supervisor

Sonya Harris, Secretary

 

CITY ATTORNEY REPRESENTATIVE

John Malamut, Deputy City Attorney

 

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

There was no public comment.

Director Vivian Day said that she was pleased to present the second portion of the budget for the next fiscal year 2010-2011. Director Day said that the bottom line item has not changed, but some of the line item expenditures are different: DBI has moved expenditures into the proper accounts due to training and some materials and supplies had to be budgeted per the Controller at different line items. Director Day said that she would be happy to answer any questions on the budget and stated that she did not intend to make a full presentation unless the board would like her to. Director Day stated that Pamela Levin, Deputy Director of Administrative Services, was present to help answer any questions that she might not be able to.

Commissioner Walker said that she wanted to applaud the Department for taking a step forward out of the red into the black, and stated that there was an article in the paper about DBI’s vacant properties program and under-registration and asked how that ties into what was budgeted. Commissioner Walker asked if the Department was anticipating an increase in that program.

Director Day stated that DBI is still at the same budgeting level for that, but staff included a cushion in case the Department does not receive any additional funds from the vacant buildings; DBI’s Code Enforcement officers will be going out and verifying the additional buildings that are on the list that have not responded to the various notices. Director Day said that the Department will be starting Code Enforcement proceedings on the list of vacant buildings that already exist and that may bring forward more vacant buildings. Ms. Levin stated that staff has been able to get almost fifty of the vacant buildings off the list, because they were not truly vacant or have been brought up to Code and listed for sale or rent.

Commissioner Levitt thanked Ms. Levin for her hard work through a very difficult time and said that the budget looked good, but he said that wanted to make sure that the Department does not end up hiring people and then find out that things are not going as expected and have to lay them off again. Commissioner Levitt stated that he hoped DBI could put some money away in a rainy day fund for when times get bad. Ms. Levitt stated that this budget allows for that.

Commissioner Romero asked Director Day about a gentleman who previously appeared before the Commission inquiring about a Personal Services Contract (PSC), and why it had gone to Canada and not locally. Commissioner Romero stated that he could not locate the monies for this contract in the budget report.

Director Day stated that the money is in a project that has already been funded in prior years, and the Department is not proposing to put any more money in that project for next year as it has been somewhat delayed. Director Day said that it is anticipated if the project does go forward that DBI will be spending out of an already funded project.

Commissioner Romero asked how much money was involved, where it was located, and how the Department accounted for it. Director Day stated that there is approximately $4M in that project from DBI and it is being held in a separate account. Director Day said that there are certain projects that are on restricted funds such as: Remodeling of the fourth and fifth floor and the money for the Permit Tracking System which is held in a separate account also. Director Day stated that DBI gets interest on the money until it is spent.

Commissioner Walker asked if DBI’s computer upgrade project was not going forward until this is resolved. Director Day said yes and that DBI intends to have it resolved possibly by next week; a full report will be given to the Commission by the last meeting in February.

President Murphy asked how much of that money is set aside for the renovation of the fourth floor. Deputy Director of Administrative Services, Pamela Levin, stated that right now the balance is about $300,000. Ms. Levin said that the Department started with a little over $1.7M and that now the balance of $300,000 would possibly be used for things that DBI needs to buy to finish the fourth floor.

President Murphy asked how much the fifth floor has cost up to now and Ms. Levin said approximately $1.2M. Ms. Levin stated that the Department has been working with DPW to manage this project, and at this point she could not separate between what DPW has already charged in terms of planning for the fourth floor so it is around $1.2M. President Murphy asked if the renovation for the fourth floor is as extensive as the fifth floor, and Ms. Levin said no it is much more streamlined.

Director Day said that the kitchen is going to be enlarged and two small walls are going to be built, and those are the only building modifications that are going to be completed along with the renovation of the bathrooms. Director Day stated that there will be new carpet, paint, furniture, and new cubicles going into that area.

President Murphy asked if there were any funds available to put aside so the first floor entrance and lobby area could be remodeled, because it looks pretty shabby. Ms. Levin said that there was money budgeted for that last year but some of it was used to try to balance the budget. Ms. Levin stated that hopefully the Department will have some of the $300,000 for the fourth floor left over to consider addressing the needs of the first floor. President Murphy said that maybe the elevators could be fixed as well.

Vice-President Hechanova said that under projects the budget lists five items, the EDMS, funding for the records management building plans, conversion of records and microfilm, upgrade of asset management and cash management and said that this is a negative. Commissioner Hechanova asked if there was redundant funding associated with upgrades on the fourth floor.

Ms. Levin stated that these are separate projects, except for the plans for the project on the fourth floor which is ongoing. Ms. Levin said that all the other projects are one-time items even though DBI may need to fund them over several years, especially the digitizing of the microfilm and items that have been in storage since the early 1930's. Ms. Levin stated that those projects will require infusion of additional funds in the future, but staff is very careful that there is not any redundancy since DBI wants to stretch its dollars as much as possible. Ms. Levin said that a negative amount is there because staff closed the automation project and moved that into operating expenses; in addition the current proposed projects are actually less than that automation project was for last year. Ms. Levin stated that in the long run this will really be a strong positive for the operations of the Department.

President Murphy stated that after the Department’s layoffs, there must have been surplus cars and asked what was done with them or if they were sitting in the parking lot. Ms. Levin said that there are two different kinds of campaigns that were done in terms of the cars: the first campaign was a study done by fleet management central shop that reduced the number of cars; secondly DBI had a reduction in cars because of the reduction in staff. Ms. Levin said that DBI has a few extra cars because the Department knew it would be able to bring back some staff and did not want to go back and plead for additional cars, so there are between four and eight cars sitting in the parking lot that are being cycled through and not completely idle.

President Murphy said that Commissioner Levitt made some suggestions at an earlier meeting that he thought bicycles would be a great idea, and asked if the Department had done anything on that. Ms. Levin stated that DBI has a couple of bicycles, but at this point are ruling them out to make sure any safety and liability issues are covered that the City might have because of the use of bicycles. Ms. Levin said that she thinks people tend to get into more bicycle wrecks than automobile wrecks though she does not have the statistics, so DBI has work to do in making sure its policies and procedures are correct including making sure the bicycles do not get stolen. Ms. Levin stated that DBI needs to put out some policies of where people can park the bicycles and use the locks, because she does not want to put the Department in a position to be sued. Ms. Levin said DBI has some bicycles that some staff are using.

Commissioner Walker stated that as the tenant representative on the Commission, she was concerned about the programs for outreach to SRO’s and Code Enforcement, and asked if the Department has been in communication with the Health Department as to their intentions.

Commissioner Walker said that she believes DBI only partially funded one of those programs, and asked what the expectation was, because she thinks that the SRO Collaborative is funded by both DBI and the general fund through the Department of Public Health.

Ms. Levin said that in terms of the Code Enforcement Outreach Program (CEOP) the Department is not changing, and DBI is funding $655,000 this year. Commissioner Walker stated that it would be great to keep the BIC advised as to the levels of funding on the program as it goes forward to the Mayor's Office and through the Board of Supervisors.

Commissioner Hechanova stated that he wanted to follow up on the bicycles, which is an excellent alternative in the category of being prudent, safe and practical. Commissioner Hechanova said that he currently sees the Police Department riding their bicycles as part of their tour of duty relative to their sidewalk monitoring, and in areas where it is practical to ride the bike and cover more territory. Commissioner Hechanova stated that once the issue of liability and safety training is taken care of that bicycles can be used as an alternative for city-related projects or any of the inspections that might be within reason.

Commissioner Romero said that one of the other departments that Ms. Levin could check with is the Department of the Environment, because they have a fleet of bikes at their office. Commis- sioner Romero stated that they maintain bikes and helmets there, and as far as the theft goes, that is what insurance is for. Commissioner Romero said that bikes are going to get stolen if inspections are done in areas where there is a lot of density, but with a reasonable amount of security DBI can maintain a small fleet. Commissioner Romero stated that other departments, including City Hall already have bicycle protocols to follow including issues regarding liability so there is no need to start that again.

President Murphy asked if there was an issue of storage. Ms. Levin said that storage is really not an issue because DBI has a small storage space for the small fleet the Department has, and there are some employees in 1650 Mission that use bikes but not that many.

Commissioner Walker asked if there was a way to assess the use of the existing fleet to date and get some sort of statistical information or feedback from the employees. Director Day stated that the Department has not ruled out the use of bicycles yet for employee due to the fact there were no policies in place. Director Day stated that staff wants to work with the Police Department to bring in some training and bicycle safety issues for employees that are not familiar with bike riding, if there are employees who want to take advantage of this program.

Commissioner Levitt thanked everyone for bringing up the issue of bicycles and said that he was very pleased. Commissioner Levitt suggested that DBI work with the bike coalition, since they give really good tips about securing bikes, where to put bike parking, safety riding and so forth.

Commissioner Levitt said that they would be more than happy to help, and he would also.

President Murphy called for public comment on the budget. There was none.

Vice-President Hechanova made a motion, seconded by Commissioner Walker to accept the 2010 budget as proposed

Secretary Aherne did a roll call vote and noted that a vote by five Commissioners is needed to approve the budget.

• President Murphy Aye
• Vice-President Hechanova Aye
• Commissioner Clinch Aye
• Commissioner Levitt Aye
• Commissioner Romero Aye
• Commissioner Lee Aye
• Commissioner Walker Aye

The motion carried unanimously.

RESOLUTION NO. BIC 006-10

Commissioner Levitt made a motion, seconded by Commissioner Clinch to suspend the rule.

President Murphy called for public comment. There was no public comment.

Commissioner Romero said that it seemed as if this would interfere with the new appointments of Commissioners, and asked if this issue was going to come up every year.

Secretary Aherne stated that this has not been an issue in the past, and said she thought that it was not Commissioner Appointments that was driving this, but the fact that the budget is due to the Mayor’s Office earlier than in years past. Secretary Aherne said that the budget used to be heard in February and March, but now it is heard earlier and that is the reason for Special Meetings. Secretary Aherne stated in the past the election was held on the first regular meeting of February, but at times it was moved to March because a Commissioner or two were missing but usually it does not matter who is appointed. Secretary Aherne said that people have voted the very first time they attend a meeting, so it has not been an issue in the past.

President Murphy asked if the BIC was above board by suspending the rules. John Malamut, Deputy City Attorney, stated that it was fine to suspend the rules and that he has been sort of in a long-term project working with the commission's secretary to update the rules. Mr. Malamut said that this could actually be a change, for example, to provide that the election occur at a meeting in February rather than specifying a regular meeting. Mr. Malamut stated if there was a special meeting or regular meeting, as long as the appointments were made in February would be an example of a change to the rules, but they will come back to the Commission when they have a full package.

President Murphy asked if Commissioner Romero was okay with this. Commissioner Romero said that yes, he was.

Commissioner Walker stated that she was nominating Mel Murphy to take on the role of the presidency again. Commissioner Walker said that all of the Commissioners started working together, and disagreed on issues but have engaged in a really constructive and productive conversation about issues that affect the health and safety of San Franciscans and their buildings.

Commissioner Walker said that over the last year the Department has worked together, and weathered some pretty intense times and lain off a third of the staff. Commissioner Walker stated that DBI is preparing to do some pretty amazing projects in the latter part of this year, with a focus on seismically strengthening some of the built inventory of the City that is most at risk.

Commissioner Walker said that the Commission has taken steps forward to make the City safer in the event of an earthquake, and the BIC has maintained a commitment to healthy and safe places for tenants to live. Commissioner Walker stated that the BIC has worked with both the tenant and landlord communities to facilitate improvement in that area and strong commitment under the leadership of Commissioner Murphy.

Commissioner Walker made a motion, seconded by Commissioner Levitt to nominate Commissioner Murphy for President.

Vice-President Hechanova stated that he would like to add that under the steady hand at the helm and guidance by President Murphy the Commission stands to be in good hands with a steady Captain to continue at the helm for the coming duration.

Commissioner Lee said that he thought that Commissioners Walker and Hechanova summarized it very well, and said that he would like to see Commissioner Murphy continue as the BIC President.

Secretary Aherne called for public comment and since there was none took a roll call vote.

• President Murphy Aye
• Vice-President Hechanova Aye
• Commissioner Clinch Aye
• Commissioner Levitt Aye
• Commissioner Romero Aye
• Commissioner Lee Aye
• Commissioner Walker Aye

The motion carried unanimously.

RESOLUTION NO. BIC 008-10

President Murphy thanked the Commission.

Commissioner Lee made a motion, seconded by Commissioner Clinch to nominate Commissioner Hechanova as Vice President of the Commission.

President Murphy said that Commissioner Hechanova is a wonderful guy to work with over the past year, and said that he looked forward to working with him again next year.

Secretary Aherne called for public comment and since there was none took a roll call vote.

• President Murphy Aye
• Vice-President Hechanova Aye
• Commissioner Clinch Aye
• Commissioner Levitt Aye
• Commissioner Romero Aye
• Commissioner Lee Aye
• Commissioner Walker Aye

The motion carried unanimously.

RESOLUTION NO. BIC 009-10

Vice President Hechanova thanked the Commission for the opportunity to serve as President Murphy’s wingman.

7. Discussion and possible action to appoint three Commissioners to serve on the BIC Litigation Committee.

President Murphy made a motion, seconded by Vice-President Hechanova, to reappoint the same three Commissioners to serve on the BIC Litigation Committee: Mel Murphy, Debra Walker, and Kevin Clinch. The motion passed unanimously.

RESOLUTION NO. BIC 010-10

 

8. Discussion and possible action to appoint three Commissioners to serve on the Nominations Committee.

Commissioner Walker made a motion, seconded by Commissioner Clinch to reappoint the same three Commissioners to serve on the Nominations Committee: Reuben Hechanova, Criss Romero, and Robin Levitt. The motion passed unanimously.

RESOLUTION NO. BIC 011-10

 

Vice President Hechanova asked if anyone else could sit in on the sub-committee, if one of the Commissioners was not available. Deputy City Attorney John Malamut stated that he believed there could be alternates, but there could not be four members appointed because that would constitute a quorum of the Commission. Mr. Malamut said that he would have to first look at whether the rules would specifically allow for this, and if not then they could amend the rules and create a process and the BIC could vote on it.

Vice President Hechanova said that the reason he asked is there were a couple of times last year where the sub-committee was being pushed to come up with nominees and it was really pressing the issue of timeliness for making the recommendation to the BIC. Secretary Aherne stated that she could list this as a future agenda item.

 

9. Discussion and possible action to appoint a member to the Access Appeals Commission’s disability seat. Term to expire 11/01/13. The following are the nominees: Denise D’Anne, August Longo, Walter Park and Susan Suval.

President Murphy asked what the best way to handle the appointment was. John Malamut, Deputy City Attorney, stated that it was entirely up to the Commission the way they want to proceed, since the list of all the nominees was before them. Mr. Malamut said that someone could just make a motion and have that discussed, and there could be general discussion amongst the Commission about the various candidates.

Commissioner Levitt requested that the present candidates speak as well as any members of the public that want to speak on the issue.

Commissioner Romero said that he had concerns at the last meeting because it was his understanding that there were three nominees voted on in the subcommittee; one of them was Walter Park. Commissioner Romero stated that the group made the recommendation and it seemed to have fallen off, so the concern that he has is that whenever these types of meetings are held and folks actually come in to put their names forward, people are going to think they are not necessarily going through a process where they are being treated fairly. Commissioner Romero said that he is still supportive of the nominees the subcommittee originally had and said that he was probably not going to change his mind going forward though he would like to hear from the candidates that are coming up.

Commissioner Walker stated that she had to leave the meeting early last time so she was not party to the discussion and asked what process the committee that did the vetting used and if the candidates were interviewed. Commissioner Walker asked what steps the committed went through as far as interviewing people, and is it the group's position that all of these get forwarded for the full vote.

Commissioner Romero said that the sub-committee gets a recommendation and approves it, but there was a recommendation and it was denied. Vice-President Hechanova stated that the committee has not met since then, and currently the nominations are based on what is listed on the agenda because they have not had any time to respond, reenact the nominations or convene with the Nomination Committee.

Commissioner Walker said anyone who submitted for this position is being interviewed now and she asked if everyone knew what was going to be happening. Secretary Aherne said that all of the candidates knew the meeting was going to take place today and all nominees should be present.

Commissioner Levitt stated that there were many candidates for the disability position, and the nominations committee recommended Walter Park and that recommendation and two others were accepted. Commissioner Levitt said that the recommendation for Walter Park was not accepted at the last BIC meeting and asked why the BIC is here again. Commissioner Walker asked if procedurally, now that everybody is just coming before the Commission is there another vote.

Commissioner Romero said that he feels bad for Secretary Aherne because she sets up the meetings, called the candidates, and the sub-committee interviewed some of the people that came in. Commissioner Romero stated that at the last meeting there was discussion about one person who had not gone to the meeting but was nominated and they carried the nomination forward.

Commissioner Romero said they came into the meeting with three recommendations and the confusion was that one of the members of the nominating committee, Commissioner Hechanova, voted against Walter Park. Commissioner Romero stated that everyone is entitled to vote the way they want, but there was a question about whether or not there should be alternates on the committees because it is hard to get nominees yet this does not make it any easier. Commissioner Romero said that whenever there are meetings where people are volunteering their time to come in to actually help with some of the decisions and they make nominations and they do not go forward for whatever reason, it makes it difficult for the subcommittee to maintain credibility in terms of what people perceive as a fair and open process.

Commissioner Lee said that he was worried that people who submitted an application and were not an incumbent thought that they did not have a chance and that is why they did not show up at the committee meeting for an interview. Commissioner Lee stated that is why he voted no to see if the subcommittee could go back and interview those people again and make sure those who applied felt that they had an even chance with the incumbents to be on the committee.

Deputy City Attorney John Malamut stated that maybe he could help clear up some of the confusion. Mr. Malamut said that the BIC’s practice is to take the nominating committee’s recommendation and agendize that particular individual, but that could sometimes lead to a problem if the BIC decided they wanted to reject the nominating committee's pick and select somebody else who was in the running. Mr. Malamut said that the Commission could not do so at that meeting because it was only agendized to consider that one particular individual. Mr. Malamut stated that many other bodies in the City that do appointments will typically list all of the candidates even though a subcommittee may make a recommendation, all the candidates are listed and that allows the decision-making body to make a decision looking at all of the candidates. Mr. Malamut said at the December meeting Walter Park was agendized as the nomination committee's pick and the Commission was not able to affirmatively either approve or deny him for the disability seat, so the position is vacant and what is before the BIC today are all the nominees that were under consideration by the nominating committee.

President Murphy asked if the Commission gives each one equal time and after they have spoken, then could they vote for candidates as they appear on the agenda. Mr. Malamut said yes.

Commissioner Levitt said that he wanted to add that the subcommittee had many applicants and they are all excellent applicants. Commissioner Levitt stated that just to clarify, the only applicant that they appointed that was not at the nominations committee meeting was Mr. Nathan, who is here today but they had interviewed him previously for another opening several months ago so they were familiar with him. Commissioner Levitt said there was another applicant that was not at the Nominations committee meeting and that was Susan Suval. Commissioner Levitt asked if Denise D’Anne was present.

Secretary Aherne stated that she talked to Ms. D’Anne personally and confirmed that she was planning to attend the meeting. Secretary Aherne called on Mr. August Longo to speak and said that he had three minutes.

Mr. August Longo introduced himself to the Commission and said that he has been active in the disability community for over 20 years. Mr. Longo said that he served on the Mayor's Disability Council, was chair of the Disabled Advisory Committee for the transportation committee and has served on other boards and commissions. Mr. Longo stated that he thought he was an excellent candidate, and said that he served on this commission when it was the Access Appeals Board as the President. Mr. Long said that he was the President of the commission as the legislation was rewritten and the administrative code and some of the duties were elaborated and approved upon during that transition. Mr. Longo said that during the time he was on the commission a lot of work was being done because of the seismic upgrades that were required under the new laws of the City and a lot of buildings in Chinatown required access to be incorporated. Mr. Longo said that this was very challenging and said that at the time the commission was able to work with the community in Chinatown and with the landlords to be sure that the buildings were made as accessible as possible considering the restraints and conditions that existed. Mr. Longo stated that he thought that the AAC has to work to provide access for people with disabilities as required by the law but it has to thereby be available to work with people who own the properties to work with them within the constraints that exist.

Mr. Walter Park introduced himself to the Commission and stated that he was a member of community housing organizations, and has been working on the issue of affordable housing for a long time. Mr. Park said that 33% of young people right now are unemployed, a staggering number, yet among people with disabilities the unemployment rate is 65%. Mr. Park stated that giving people housing who have no income and overcoming disabilities was a crucial issue for him, so he was the founding Director of Housing Services. Mr. Park said that he was a gay parent and a single dad with a daughter, and that he also worked on the school system. Mr. Park stated that he later worked with Mayor Willie Brown to create the Mayor's Office on Disability, and said that surprisingly Mayor Brown appointed him to be the first Director and that he served for a number of years. Mr. Park said that this was only one of three offices in the country at the time that initiated major changes. Mr. Park said that they made sure people could obtain services, programs and benefits. Mr. Park stated that he worked with street furniture for a while, negotiating work on the first accessible ATM in the country, right here in San Francisco City Hall. Mr. Park said that he has a technical background and applies it to the work that was done during recent years on the commission, which has to do with making destination based elevators accessible.

President Murphy called on Susan Suval, but she was not present. Secretary Aherne stated that she has called and sent emails, but has not had any more communication with Ms. Suval. Secretary Aherne called for public comment.

Ms. Jessie Lorentz said that she is the Assistant Director at the Independent Living Research Center of San Francisco (ILRC). Ms. Lorentz stated that the BIC has a letter she sent and she said she was present to support Mr. Walter Park. Ms. Lorentz said that she has to be honest and say that the process she has watched unfold as far as the committee has been a little disheartening and disappointing. Ms. Lorentz said that Commissioner Park is someone who worked more hours than most other people on the Access Appeals Commission, and that he is dedicated to this cause and is a tireless advocate. Ms. Lorentz stated that more than that she wanted to recognize that what Mr. Park has done on the Appeals Commission is keep San Francisco out of court and help make it more accessible. Ms. Lorentz said the reality is that access laws often fall short, particularly when new technology is introduced such as elevator systems; the Code does not cover it. Ms. Lorentz said that Mr. Park is a tireless advocate and has done so much honorable work, and stated that she has been lucky to work with him and hopes to continue.

Mr. Bob Planthold stated that he came to speak in support of Walter Park. Mr. Planthold said that many present may not know him or of his experience, but said that he has been involved in advocacy for people with disabilities for a quarter of a century because he saw the difficulties of his kids getting get around. Mr. Planthold said that he has been a member of the MTC Elderly Advisory Committee and other transit advisory groups. Mr. Planthold stated that beyond that he has been a member of the Sunshine Ordinance Task Force for seven years, and an officer for two years of the City’s Ethics Commission, so he has extensive experience in good government bodies. Mr. Planthold said that he has been involved in advocacy where he has encountered Walter Park while he was working on the Access Appeals Commission, but he wanted to let the BIC know that Mr. Park has volunteered his time on a project that would take existing open space, expand it, and make it accessible. Mr. Planthold stated that Mr. Park volunteered his time to do something for better access, just as a commitment, and said that he mentioned this so the BIC could understand the energy, the analysis, and the dedication Mr. Park has given. Mr. Planthold said that from his experience in good government bodies and advocacy on a variety of disability focused issues, Walter Park stands out, because he is acquainted with some of the other applicants but Mr. Park has a citywide constituency, and the building industry would all be able to work and know that they are in good hands so that is why he urged the Commission to reappoint Walter Park.

Mr. Zachary Nathan said that he is an architect and a certified access specialist that was recently appointed to the AAC and said he was present to support Walter Park. Mr. Nathan stated that he has known Mr. Park for 25 years, and has attended access trainings that Mr. Park led very ably. Mr. Nathan said that Walter Park recently helped develop the pioneering administrative bulletin for destination based elevators and said that Mr. Park would bring extensive knowledge of accessibility fundamentals and familiarity with regulations to the AAC. Mr. Nathan stated that Mr. Park has been a leading voice in the disability community for independent living, and an advocate for all citizens. Mr. Nathan said Mr. Park has been a member of many disability rights organizations, is highly respected, is a person of the highest integrity and commitment and said that he has found Mr. Park to be understanding and fair in his decisions as a member of the AAC. Mr. Nathan stated that he hoped that the BIC would be able to appoint Mr. Park.

Mr. John Rodriguez stated that he is a partner of the law firm Schindler, Peterson & Arnold and has had the honor in the last three years of working with the Department of Building Inspection and the AAC in securing permits for the installation of the most modern, secure and accessible elevator systems in the world. Mr. Rodriguez said that fortunately San Francisco is on the front edge of these installations and fantastic systems. Mr. Rodriguez stated that he has worked with the AAC and DBI in developing this administrative bulletin (AB) and has worked over the last three years to prepare a draft administrative bulletin; he was one of the first people to submit a draft AB to Laurence Kornfield. Mr. Rodriguez said that over those three years one person has stood out as a collaborative force in bringing the disability community, the industry, and the City together in developing this bulletin and that has been Walter Park. Mr. Rodriguez stated that Mr. Park is not one who ignores the interests and requests of industry and said that he could say without question that DBI would not be here today to get this bulletin approved without Walter Park. Mr. Rodriguez said that he was fully supporting Mr. Park’s nomination.

Mr. Arnie Lerner said that he is the President of the Access Appeals Commission, Vice-President of the S. F. Independent Living Resource Center, a practicing architect for 30 years and a certified access specialist. Mr. Lerner stated that he has known Walter Park for almost 30 years as he worked with Mr. Park at Independent Housing Services and said that over this time Mr. Park has been an amazing fellow. Mr. Lerner said that he appreciated working with Mr. Park on the AAC the last few years. Mr. Lerner said that this administrative bulletin will probably become the basis for the California Building Code and this would not have happened without Mr. Park because he is a dedicated public servant and commits a lot of energy to things. Mr. Lerner encouraged the BIC to reappoint Mr. Park to the AAC.

Mr. Joe Armis said that he represents the private industry with Otis Elevator Company in San Francisco, and manages their modern nation department. Mr. Armis stated that over the last three years he has been working with destination based elevators and said that this is a brand new technology and the new realm of elevators. Mr. Armis said that in working with Walter Park and the AAC they have not always seen eye to eye when it comes to accessibility, but said that Mr. Park has taken the effort to go out and learn the new system and really understand what needs to be done collaboratively to make these systems more accessible. Mr. Armis stated that Mr. Park has stood out and has influenced what private industry is doing in order to make these systems more accessible. Mr. Armis said that on behalf of Otis Elevator Company he supports Walter Park and the company would like to see him back on the board.

Commissioner Lee said that he was disappointed that all four candidates did not show up today, and said that he did not know why or if they were scared off since they are new candidates, but said he feels that there should be somebody new on the Access Appeals Commission, so he is inclined to support August Longo. Commissioner Lee said that he was nominating Mr. Long to give a vote of confidence to anyone out there who feels that if they are not incumbents that they would not get an even shake by the Commission.

Commissioner Lee made a motion, seconded by President Murphy to nominate August Longo for the AAC Disability Seat.

Commissioner Romero stated that he would like to nominate Walter Park primarily because he is who they selected in the Nomination Committee. Commissioner Romero said he was trying to follow Commissioner Lee’s logic that if there are people who are not coming to the BIC, they might believe they do not have a fair shake, but realistically he does not think that is the reason. Commissioner Romero stated that if the subcommittee has a process people should come forward and to create clarity the sub-committee should go forward with its recommendation, and obviously the person they are nominating has not just a relationship, but a certain ability to bring people together so he is reserving the issues he previously made about Commissioner Lee nominating August Longo. Commissioner Romero stated it was clear to him in the Nomination Committee that a clear choice had been made, and said that he was not convinced that kicking Walter Park off this advisory body would be a good decision for the BIC to make.

Commissioner Romero made a motion, seconded by Commissioner Levitt to nominate Walter Park for the AAC Disability Seat.

Commissioner Levitt seconded Commissioner Romero’s nomination and said that he appreciated the comments Commissioner Romero made about the process. Commissioner Levitt stated that it is not about politics or political correctness but about serving the disability community and from what he has heard from the public and other sources Walter Park is an outstanding candidate for this position given his background, commitment, technical expertise and leadership ability. Commissioner Levitt said that he has known Mr. Longo for many years and worked with him on several issues and said that Mr. Longo has done a lot of service to the disability community, but said that he thought in this case the BIC would be doing a disservice to the disability community in San Francisco by not re-appointing Walter Park to this position. Commissioner Levitt stated that he would like to stick to his initial recommendation in the Nomination Committee and recommend Walter Park for this seat.

Commissioner Walker thanked everyone that has volunteered to serve for the City and County of San Francisco. Commissioner Walker stated that the issue of accessing buildings in San Francisco is huge and this process of trying to best serve the citizens of San Francisco through the individual projects, and being sure that the Department both moves projects forward as well as making them accessible is of value to everyone. Commissioner Walker said that she would support both candidates given the opportunity, and said she felt that the subcommittee was blessed with a good group of people who were willing to put their names forward. Commissioner Walker stated that she also has some concerns about the process, but said that it seemed to her that the first proposal was not moved forward which is the decision of a Commission, so the BIC is faced with having to choose between four individuals, any of whom would serve well. Commissioner Walker said that she has worked with Walter Park and August Longo, and said she thought that they would both serve the disability community well. Commissioner Walker stated that she is really torn on this decision as she also has an interest in encouraging new people to get on commissions. Commissioner Walker stated that the positive of Mr. Longo is that he continually wants to serve around the issue of disability, and said that she has worked with Mr. Longo on State issues where he has advocated very successfully on behalf of the disability community. Commissioner Walker said that either of these candidates would be wonderful, and asked for clarification as to whether the BIC has the ability to vote on two nominations.

President Murphy stated that there is a nomination and a second for Mr. Park, as well as a nomination for Mr. Longo. Secretary Aherne said that there was a second on Mr. Longo’s nomination as well.

Deputy City Attorney John Malamut said that the first motion on the floor and seconded was to nominate Mr. Longo, and said that would take precedent over the subsequent motion that Commissioner Romero made that was also seconded.

Vice-President Hechanova stated that as part of the Nomination Committee he commends all of the candidates that showed up or not and mentioned that all of the candidates were very qualified. Vice-President Hechanova said that he sees the ability for the BIC to bring in new blood, and stated that the opportunity was really opened by Mr. Park who even said that he was willing to step down to allow for someone else who is just as competent or technically supportive of what policies there are for the City. Vice-President Hechanova said that he has taken one thing he has taken into his re-consideration of the last vote and that is a position that he sees as a category to bring in new blood or someone just as equal who can serve in this position.

Commissioner Levitt said that the question of new blood has been raised twice and said he agrees that it is good to “spread the wealth” and involve new citizens in these sort of commissions and give everyone a chance to serve but in terms of this Commission, new people have actually been appointed within the past year. Commissioner Levitt stated that Mr. Ellsworth and Mr. Nathan were new appointees and said that it was also important to have continuity. Commissioner Levitt stated that it would be one thing if Mr. Park was not involved as much as he is but his commitment to the issues on this commission has been outstanding, and to reject someone who has spent so much time and given so much effort is really a disservice to the disability community and to the Commission. Commissioner Levitt said that he would again he strongly urge the BIC to go forward with reappointing Walter Park.

President Murphy stated that this is a tough decision because both candidates are qualified and it is very obvious that Mr. Park has a tremendous following with all the people that came in to support him today. President Murphy said that with all of the letters that the BIC has received for Mr. Longo it seems that he also has a lot of support and on paper, both are extremely qualified and personally he does not know either one so the decision is a little easier for him.

Commissioner Romero said that he wanted to speak to Commissioner Levitt’s comments and said he thinks many of the Commissioners have been around a long time so to use the term new blood when it comes to these types of appointments is disingenuous, because realistically a lot of the Commissioners are not new and have been engaged in the community in one aspect or another. Commissioner Romero stated that he does not make decisions on appointments like this without consideration of what he has seen before. Commissioner Romero stated that Commissioner Levitt is right in saying that some of the recent appointments are new to this particular political arena, but neither of these gentlemen is new and that has been demonstrated by the folks who have spoken on their behalf. Commissioner Romero said that the issue is who is going to be the most effective, who will bring the most respect to this body, and who will bring the most advocacy for people who are disabled, and said that this was his consideration the last time when he voted for people on the AAC. Commissioner Romero stated that his concern is that these are seats where people are given power, a voice and a role to advocate for folks who otherwise would not have the ability to advocate for themselves, and said that he is not as convinced in terms of the first nominee that that will happen. Commissioner Romero said that the last time this issue came up there were people from the disability community that spoke against Mr. Longo’s nomination, and it has not happened this time around so it is probably better to have people speak favorably on behalf of a candidate. Commissioner Romero stated that he is not following the logic that the BIC is bringing in somebody new with the first nominee, and like Commissioner Levitt said he has also worked with Mr. Longo on the Democratic Central Committee so these people are not unfamiliar to him, and he has known them for many years. Commissioner Romero said that he is also aware of Mr. Park’s work within the disability community as well as some of the advocates that spoke today, and he has known them for many years so if they are concerned with Mr. Park's nomination, he feels as though the BIC should be continuing with the original nomination and bringing it forward.

Commissioner Clinch said that this is a challenging decision to make based on what the Commission has heard today, and said that he will admit to being swayed a bit by letters in favor of Mr. Longo because these are trying times politically, and to have as many friends as possible is to the Commission’s advantage. Commissioner Clinch stated that he will admit to that opinion and vote for Mr. Longo.

Secretary Aherne called for a roll-call vote on the first nomination made for Mr. August Longo.

• President Murphy Aye
• Vice-President Hechanova Aye
• Commissioner Clinch Aye
• Commissioner Levitt Nay
• Commissioner Romero Nay
• Commissioner Lee Aye
• Commissioner Walker Aye

The motion carried with a vote of 5 to 2.

RESOLUTION NO. BIC 012-10

President Murphy administered the Oath of Office to Mr. Longo.

President Murphy congratulated Mr. Longo and Mr. Longo thanked the Commission for the appointment.

 

10. Commissioner’s Questions and Matters.

Vice-President Hechanova asked if there was any update on 135 El Camino Del Mar because there was a lot line adjustment, at least the overhang, that was out of their jurisdiction, but more importantly there was work that had been done that was not permitted.

Director Vivian Day said the applicant of 135 El Camino Del Mar has resubmitted an application to address all outstanding issues on one application including the removal of the property that is overlapping on the adjacent property line.

Vice-President Hechanova stated that the second one is on Pierce Street where there was a brick wall.

Director Day said that she does not know the outcome of that, but said that DBI did give an emergency order to shore up the wall. Director Day said she did not know if the owners had submitted additional drawings at this point. Director Day stated that she would find out and report at the next meeting. Vice-President Hechanova stated that it is good to know that there is follow up on the category of where there is temporary stabilization of that wall, because he saw that it was clearly needed.

Secretary Aherne said that she believes there will be one case for the Abatement Appeals Board at the next meeting.

Secretary Aherne stated that there will be a Special Meeting on February 24, and she asked if any Commissioners had any items for that agenda.

Commissioner Romero said just a follow-up on that request for the personal services contract that came up at the last meeting.

Director Day stated that she would have a memo prepared and possibly the Deputy Director would be giving the presentation, because she will be out of town that week.

Commissioner Clinch said if he could go back to item 10a he does have one item that he would like to mention. Commissioner Clinch said that he wanted to commend Director Day for posting the revised policy of the hours for the Department. Commissioner Clinch stated that as much as he believes in things like flex time he does hear rumors about people not coming in for a day here and there and said that he knows Director Day has been trying to work on that, but he is all for maintaining a strict policy of being in the office at certain times.

Secretary Aherne called for public comment on item number 10, and there was none.

Vice-President Hechanova made a motion, seconded by Commissioner Walker to adjourn

the meeting. The motion carried unanimously.

RESOLUTION NO. BIC 013-10

The meeting was adjourned at 10:37 a.m.

 

_______________________

Sonya Harris Assistant Secretary

 

Edited by

 

_______________________

Ann Marie Aherne

Commission Secretary