Building Inspection Commission - February 18, 2015 - Minutes

Meeting Date: 
February 18, 2015 - 10:00am
Location: 
City Hall, Room 416

PDF icon BIC Minutes 02-18-15.pdf

  BUILDING INSPECTION COMMISSION (BIC)
  Department of Building Inspection (DBI)

  REGULAR MEETING 
  Wednesday, February 18, 2015 at 9:00 a.m.
  City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416
  Aired Live on SFGTV Channel 78
  ADOPTED August 19, 2015
                            
MINUTES
    
The regular meeting of the Building Inspection Commission was called to order at 10:06 a.m. by President McCarthy.

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

COMMISSION MEMBERS PRESENT: 
        Angus McCarthy, President            Warren Mar, Vice-President
        Frank Lee, Commissioner            Kevin Clinch, Commissioner
        James McCray, Jr. Commissioner        Myrna Melgar, Commissioner
        Debra Walker, Commissioner
        Sonya Harris, Secretary
 
    D.B.I. REPRESENTATIVES:
        Tom Hui, Director
        Edward Sweeney, Deputy Director, Permit Services
        Dan Lowrey, Deputy Director, Inspection Services
        Taras Madison, Chief Financial Officer
        William Strawn, Legislative and Public Affairs Manager
        Lily Madjus, Communications Director
        
    CITY ATTORNEY REPRESENTATIVE
        John Malamut, Deputy City Attorney

2. President’s Announcements. 

President McCarthy made the following announcements:

* DBI has been requested to participate once again in the annual Project Pull, the City’s High School internship program.  This is an eight-week program where high school students are mentored by DBI staff from June 15-August 7th.  In the past two years, DBI has typically had 8-10 Project Pull Interns and these students have provided invaluable assistance to staff.  We expect to participate again this year.

* Director Hui, Building Inspector Stephen Kwok, and Public Affairs Manager William Strawn will participate in Supervisor Tang’s Feb. 28th Town Hall from 10 a.m. until Noon that will be held in a church at 33rd and Ulloa Avenue.  DBI and Planning staff will provide overviews of each department’s mission, and respond to questions from the Supervisor’s constituents.

* Director Hui joined Mayor Lee and Fire Chief JoAnne Hayes White in touring the Mission and 22nd Street fire site on Thursday, January 28, the day after this deadly four-alarm fire occurred. Director Hui responded to questions from reporters about any outstanding code violations on the building – there had not been any since 2010 -- and made clear that DBI would work closely with the owner and his engineer to stabilize the building and obtain permits needed to begin building repairs and restoration. DBI Senior Building Inspector Bernie Curran and Engineer Cyril Yu provided outstanding services beyond required responsibilities and assisted many of the businesses affected by the fire in retrieving important documents from the building.

* Kudos to Building Inspectors Tam Chiu, Donal Duffy, Brett Howard, and to Engineer Matthew Ralls for their excellent work on the Mission Street fire, as well as at fire scenes on Hyde and McAllister and Scott Streets that also occurred in that last week of January.

* DBI’s FY2013-2014 Annual Report is now published and available on the web site, www.sfdbi.org.  It’s full of excellent photos of DBI staff at work, and documents what a busy year DBI had in helping to facilitate all the exciting building projects under way in the City. Be sure and read it.

* Finally, we are once again asking DBI staff and managers to nominate our Quarter One (January-March) Employee of the Quarter.  If you know of someone providing outstanding professional services, please send your nomination to William.strawn@sfgov.org.  Nominations will be reviewed by the Employee Recognition Committee in early April, with the winner to be announced at the April 15th Building Inspection Commission meeting.

* Secretary Harris is taking time off and seasoned veteran Ann Aherne will take care of the Commission duties while she is away.

* Congratulations to Commissioners Clinch and Lee on their reappointment to the BIC as they were sworn in yesterday.

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

Ms. Shirley Moore of the Clean Air Health Alliance and Bayview Hill Neighborhood Association and Chair of the Candlestick Point Neighborhood Committee spoke about the Candlestick Park stadium.  Ms. Moore discussed the following points:
* The Clean Air Health Alliance opposed the implosion of the Candlestick stadium, and previously spoke about the dust violations and lack of asbestos monitors there.
* They met with Lennar Urban developers three times, and tried to engage the developer in how to assist them in monitoring dust in the community, since they live 300 feet from the stadium.
* The developer provided a power point presentation of where the monitors are located, but they were only able to find a couple.
* Tomorrow excavation of stadium will start and this will create more dust.
* She wrote Inspector Lowrey on February 12 and asked that the job be shut down until they are in compliance.
* The group was referred to the Citizens Advisory Committee, and they asked the BIC to intervene on the communities’ behalf.

Ms. Julia Barber of the Clean Air Health Alliance discussed the following points:
* They worked to stop the implosion of Candlestick Park to help residents.
* There are extremely high rates of respiratory illness in the Bayview.
* The reason they did not want an implosion is to try to control the dust.
* Dust needs to be controlled because Lennar is doing work and not letting them in.
* Lennar is not putting water on things and dust piles are uncovered.
* On February 11th Lennar gave them a map of the dust monitors, and they searched but could not find them.
* Pictures showed on overhead and there were supposed to be monitors by the elementary school and playground, but they were not there.
* The existing monitors are far from the school, churches, and residences.  

Dr. Tompkins of the Clean Air Health Alliance discussed the following points:
* Dr. Tompkins said that he has been an environmental expert for years, and mentioned his background at S.F. State, Vietnam, etc.
* There has been a misrepresentation of facts by the corporation.
* He has done research on breast cancer and asthma rates.
* He and Dr. Palmer did an analysis and study in the Bayview, and there are higher levels of dust and higher rates of asthma.
* Showed picture and there was contrast between two piles of dirt to give allusion that water was put on one pile and not the other.
* Dust gets inside the heart and lungs which causes more heart attacks and strokes, and they are just asking for a clean breath of air.
* He has done an analysis and made recommendations to department and the City, and wants to submit this for consideration by the Commission.
* Clean Air Health Alliance members took Lennar out to site with the city inspectors, air district, and they misrepresented the facts.
* The Commission is there to protect them, and they want development but not at the risk of their lives.
* This is a human rights issue, and people have died in wars and family members died who used to work in the shipyard and that is still trying to be cleaned up.
* Average life expectancy for black male living in Hunter’s Point was 42 years old, and recent study shows life expectancy is 56-62, but average life expectancy for white male living in S.F. is 78.
* African American women have 77% higher mortality rate for breast cancer than white women given same socio-economic variables.
* The Bay Area Air Quality Management District concurred with Dr. Tompkins that the biggest health disparity in the Bayview is particulate matter which causes asthma, pulmonary disease, and cardiovascular disease.
* Please help them to live and enforce the laws equally in S.F. and the numbers would change.

Commissioner Walker said that she understands the Commission cannot discuss this item, but hopes that the dust ordinance is being enforced and she plans to ask for this item to be on the next agenda.

4. Election of BIC President and Vice-President.

Commissioner Lee made a motion, seconded by Commissioner Melgar, to re-elect President Angus McCarthy and Vice-President Warren Mar.  The motion carried unanimously. 

Secretary Harris called for public comment, and there was none.  Secretary Harris called for a roll call vote:
    
President McCarthy        YES        Vice-President Mar        YES
Commissioner Lee        YES        Commissioner Clinch    YES
Commissioner McCray, Jr.    YES        Commissioner Melgar    YES
Commissioner Walker    YES

RESOLUTION NO. BIC 005-15

5. Discussion and possible action to appoint Commissioners to serve on the Litigation Sub-Committee.

President McCarthy made a motion, seconded by Commissioner McCray, to appoint Commissioners McCarthy, Walker, and Mar as members of the Litigation Committee.
The motion carried unanimously.

Secretary Harris called for public comment, and there was none.  Secretary Harris called for a roll call vote:

President McCarthy        YES        Vice-President Mar        YES
Commissioner Lee        YES        Commissioner Clinch    YES
Commissioner McCray, Jr.    YES        Commissioner Melgar    YES
Commissioner Walker    YES

RESOLUTION NO. BIC 006-15

6. Discussion and possible action to appoint Commissioners to serve on the Nominations Sub-Committee.

Commissioner Walker made a motion, seconded by President McCarthy, to appoint Commissioners Lee, Melgar, and McCray as members of the Nominations Sub-Committee.
The motion carried unanimously.

Secretary Harris called for public comment, and there was none.  Secretary Harris called for a roll call vote:

President McCarthy        YES        Vice-President Mar        YES
Commissioner Lee        YES        Commissioner Clinch    YES
Commissioner McCray, Jr.    YES        Commissioner Melgar    YES
Commissioner Walker    YES


RESOLUTION NO. BIC 007-15

7. APPEALS PURSUANT TO SECTION D.3750.4 OF THE CITY CHARTER

Appeal by Satish K. Gupta - Represented by Zacks & Freedman, P.C. regarding property
located at 1142A Guerrero Street, and Director Tom Hui’s decision to revoke a Certificate of Final Completion and Occupancy (“CFCO”).

a. Report, discussion and possible action regarding the Building Inspection Commission’s jurisdiction pursuant to Section D3. 750-4 of the City Charter and Administrative Code Section 77.3(b) over this appeal.
b. Presentation by parties including witnesses.
c. Deliberation and possible decision by the Building Inspection Commission.

There was extensive presentation and comments regarding this appeal.  The speakers were as follows:
* Patrick O’Riordan, Chief Building Inspector, spoke on behalf of the Department of Building Inspection (DBI)
* Andrew Zacks, Attorney from Zacks & Freedman, P.C., spoke on behalf of the Appellant, Satish K. Gupta
* Satish K. Gupta, Appellant, spoke on behalf of his wife and himself
* Buck Delventhal, Deputy City Attorney, legal representative on behalf of the Building Inspection Commission (BIC)
* Members of the Building Inspection Commission (Angus McCarthy, Warren Mar, Frank Lee, Kevin Clinch, James McCray, Jr., Myrna Melgar, and Debra Walker) made comments, and asked various questions of DBI staff and the Appellant pertaining to the Appeal.

Appellant’s arguments were as follows:
o DBI issued a 3R in 2004, on which the Guptas relied when purchasing the property.  Therefore, they have vested rights in the cottage’s legality.
o If the CFCO is revoked, a residential rental unit will be permanently removed from the City’s housing stock.
o Revocation of the CFCO is procedurally improper.

Department of Building Inspection’s (DBI) arguments were as follows:
o A building permit (PA #20146118138) was issued by DBI on June 11, 2014 for the administrative issuance of a Certificate of Final Completion (CFC) to document the use of the building identified as 1142A Guerrero Street as a single family dwelling.
o A complaint was filed by a tenant of the building on September 5, 2014 contending the CFC was issued in error and based on false information.
o A letter was issued by DBI on December 19, 2014 to revoke the issuance of the CFC and to change the status of the permit from complete to suspended.
o PA #202406118138 was issued and its associated CFC was also issued in error for the following reasons:
a) The garden shed was never converted to a legal dwelling unit with the required building permit.
b) Drawings should have accompanied such an application for a building permit.
c) The Planning Department should have reviewed and approved this application.  
o The Report of Residential Building Record (3R) issued on April 5, 2014 shows the authorized use of the rear building as a one Family Dwelling.  This report was issued in error.  The report has expired (validity 1 year) and the present authorized use has been corrected to show unknown.

Secretary Harris called for public comment.

Mr. Daniel Lipsitt, tenant at 1142A Guerrero Street said that he filed a brief last Wednesday.  This was a free standing cottage in 1956, and was constructed before the rent ordinance.  He has paid rent but owner has not accepted it.  In 2003 there was an alteration permit issued Over the Counter, and the permit applicant did not ask about occupancy.  There has never been a permit for conversion of the unit.  Last year the landlord filed a no-fault exception suit, but the motion was dismissed because there was no Certificate of Final completion (CFC).  The owner applied for a CFC so they could evict him.  Work was completed before property changed hands.  S.F. Building Code specifically says how CFC can be issued.

Mr. Patrick Buscovich said that losing housing is an important issue and he and Chief Bosque understand the nuance. 3R was issued because the building has an address.  CFC started in 1946 to legalize buildings.  

President McCarthy made a motion, seconded by Commissioner Melgar, to continue the Appeal to the March 18, 2015 BIC meeting.

Secretary Harris called for a roll call vote:

President McCarthy            YES        Vice-President Mar            YES
Commissioner Lee            YES        Commissioner Clinch    YES
Commissioner McCray, Jr.        YES        Commissioner Melgar    YES
Commissioner Walker        NO

The motion carried with a vote of 6 to 1.

RESOLUTION NO. BIC 008-15

8. Discussion on the Planning Department’s “Small Projects Team”.

Mr. Dan Sider of the Planning Department gave a presentation on the Small Projects Team (SProT), and discussed the following points:
* Total building permits issued were 25,376 and 1/3 received by Planning Department.
* Impacts of high volume
* 5 staff assigned to SProT to deal with small projects, and does not require mandatory hearing at the Planning Commission.
* Example of projects:  Residential addition, decks
* What is SProT?  Process & team geared towards small projects
* SProT Outcomes & Accomplishments – Larger projects receive measure of priority themselves.  Help with speed.
* Liz Watty is managing the SProT team.

Commissioner’s & Staff Question & Discussion:
* Vice-President Mar asked if information about SProT was disseminated to the public or did they receive notices?  If so, he asked could the BIC get a copy?
* Ms. Watty said they are 2 ½ months into the project and it just started, so certain projects are being flagged at the Planning counter to help the ‘small guy’ out.
* Commissioner Walker said it is important to have a speedy process.  Change of use in industrial areas with technology sector is coming in.  Manufacturing vs technology.  Are applications audited?
* Ms. Watty said staff is acutely aware of industrial warehouses.  Projects scrutinized when change use/zoning.
* Ms. Watty said using SProT team on legalization permits, and pulling them out of the queue. 
* President McCarthy said that it would be good to do outreach to small homeowners, and it is good Planning Department “thought outside the box”.  Also should be outreach to professionals to encourage homeowners to work inside the envelope.
* Mr. Sider said SProT is kind of an autopilot because folks do not need to know about it to avail help of program.  Planning staff will review permits and pull them out for SProT.

There was no public comment on this item.

Please Note:  Items 13 and 12 were taken out of order.  Regular order resumed after Item 9.

13. Discussion on project at 3450-21st Street.

Deputy Director of Plan Review Services, Edward Sweeney, gave a presentation on the Permit History and Overview of the Project at 3450 21st Street:

o 3450-21st Street, or block 3607/lot 019A, is currently a fully detached Single Family Dwelling that was built in 1924.  The home is Type5/wood-frame construction.  This building is located in the Liberty Heights neighborhood, and bounded by Guerrero Street to the west and Dolores Street to the east.
o Beginning January 22, 2013, and until November 20, 2014, a total of eleven (11) building permits were issued to the project sponsor agents for a remodel, seismic strengthening, and an addition at the rear and side of the structure…Of the nine building permits reviewed by DBI, all were plan checked separately by different staff members.  In total, seven structural Engineers, five building inspectors, and four mechanical engineers reviewed and approved the various plans for this project.  The total permit value for these plans is approximately $1.8 million dollars.
o In addition to DBI reviews, the following departments also reviewed this project:  City Planning completed 5 reviews, which included two separate 311 notices mailed; PUC completed three (3) reviews; the Department of Public Works completed five (5) reviews, as well as issued street permits; and the Fire Department completed three (3) reviews.  Of the nine building permits, seven (7) were Over The counter, and two were submitted.
o Also of note, DBI required this project to complete an additional 14 special inspections through third party inspections.
o 1st permit PA #201301228447 – Remodel kitchen and six bathrooms for $65,000.  This permit was later revised (#201410219529) by the district building inspector to an additional $108,000.
o 2nd permit PA# 201302281213 – (N) Habitable space on first floor, includes office, media room, ½ bath, mudroom, laundry, wine room with wet bar, 2nd floor add ½ bath and interior remodel on 2nd, 3rd, and 4th floors, seismic upgrade, exterior stucco replaced in kind.  Three doors replaced in kind.  Brick infill of three windows at side elev. Cost $720,000.
o When this was reviewed, the estimated cost was based upon … construction valuation estimates, which is $91 per sq. ft.  The total area of the habitable space is 3350 sq. ft. x $91 = $304,850.  The entire building was engineered to be seismically upgraded, per 2010 San Francisco Building Code, with steel added to carry the numerous offset seismic and gravity loads from above, as well as to create a large open space.  Per the DBI engineer plan checker, the Steel estimate = 200ft x 50 plf x $1.89/lb= $18,900, and insignificant extra material cost.  Regarding the foundation, only two (2) small concrete grade beams were engineered for minor seismic resistance of the floor above.  This also did not add significant cost to the project.
o 3rd permit PA #201304124474 – 1st, 2nd, 3rd Fl. Additions at rear and side yards.  Reconfigured landscaping and terracing – Replace fence and gate at front yard.  Reconfigured roof and dormers at rear and secondary facades.  Replace and restore windows in kind.  Cost is $750,000 and a reasonable valuation.
o 4th permit PA# 201304245332 – Compl w/NOV dated 4/22/13 – Replace in-kind exterior wall and stair in first floor east elevation along gridline three due to existing inadequate structural conditions.  Original upgrade under PA #201302281213.  Cost is $30,000, which was established by the District Inspector.
o 5th permit PA#201402208973- Relocation of Dormer@ rear of building.  Dormer previously approved under PA# 201304124474.  Total cost is for one dollar.  Cost had been paid under the previous permit.
o Permit #6 and #9 are Fire permits that were reviewed and priced by SFFD.  Costs $39,000 and $13,000.
o 7th Permit is a reroofing permit, and brick façade and chimney replacement in kind.  Cost is $30,000.
o 8th Permit legalize 4th Floor as habitable, add bathroom toth. Convert (E) roof visible at rear and east façade to occupiable roof.  Cost is $25,000.
o 10th Permit – See Permit 1.  Cost is $108,000.
o 11th Permit PA #201410249835 – Add air conditioning to house, condenser mounted on platform behind existing roof ridges and not visible.  Cost is $35,000.
o The above permit costs total $1,800,000 in all estimated construction costs.

Secretary Harris called for public comment.

Mr. Steve Williams who represented the neighbors of the property, discussed the following handout titled, “Permit History of Project at 3450 21st Street”:

* January 22, 2013 (issued same day) – OTC Permit 201301228447 – Remodel kitchen and add six bathrooms valued at $65,000.  This permit was falsely issued to start the work on a planned much larger project.  Six bathrooms were NOT added to the home.  The building does not have six total bathrooms, let alone six additional bathes.  According to the plans (approved four months later) ONE bath was added on the new first floor (not yet reviewed when this permit issued).  Kitchen not “remodeled” but completely rebuilt under later permit.
* March 6, 2013 (application February 28, 2013) – OTC Permit 201302281213 – New habitable space on first floor, office, media room, half-bath, mud room, laundry room, wine room with new bar; second floor add ½ bath and interior remodel at second, third and fourth floors; seismic upgrade, exterior stucco replaced, three doors replaced in kind; brick in three windows at east elevation valued at $720,000.  Another OTC permit issued under false pretenses to allow work on the planned much larger project.  A “rooms down” permit allowing construction under the existing house (no notice needed because “inside” existing envelope) and creation of approximately 2000 square feet of new habitable space.  However, walls on entire east and north side left open to air to accommodate much larger new addition outside of envelope to east and north.
* March 28, 2014 – OTC permit for repair of slate roof and additional brick façade, as needed, valued at $30,000
* April 3, 2013 (Permit application 201304124474 filed 9 days later on April 12)
Pre-application meeting held with neighbors for new exterior envelope.  Neighbors told the earliest the project could start would be in 6 months. (Work started already and exterior demolition starts less than two weeks later)
* April 15, 2013 – Work starts on new exterior envelope with demolition of eastern exterior wall without permit.
* April 22, 2013 – Neighbors complain about demolished exterior wall and NOV issued for work without permit on exterior demolition.
* April 24, 2013 – OTC Permit #201304245332 to comply with Notice of Violation (work started without permit); replace exterior wall at first floor, part of seismic upgrade, wall already torn down valued at $30,000.  Complaint abated by Inspector Clancy.
* October 25, 2013 (Permit Application 201304124474 filed April 12, 2013)
Permit issued for first, second and third floor additions at rear and side yard; landscaping, fence and gate, roof dormers at rear and secondary facades; replace windows in kind; transformer and volt in public right of way (added to plans on October 13, 2013) valued at $750,000.  This permit is the remainder of the large addition started under the house with the above permits.  When application and plans filed April 12, 2013, all work sought on March 6 permit for new habitable space on first floor, office, media room, half-bath, mud room, laundry room, new bar; second floor add ½ bath are shown as EXISTING (false)… though not yet constructed at all.  Large exterior addition on three floors to tie directly into March 6th “rooms down” permit and open walls on east and north side.  Reconfiguration of roof and facades in anticipation of adding 1,000 square feet of new habitable space at attic-permit issued June 6- OTC).  New addition of approximate 2,000 sf
* May 5, 2014 – OTC permit for fire sprinkler system valued at $39,000
* June 6, 2014 – OTC permit 201406027185 – legalize fourth floor as habitable; add bath to fourth floor; convert existing flat roof to habitable roof deck valued at $25,000
* July 15, 2014 – OTC permit 201407010163 – underground fire and water line
* July 31, 2014 – Variance Granted to Reconfigure Roof

NSR No:      J922548
        Restriction:  Variance granted by ZA on 7/31/14
                     permitting to construct two dormers at the
                             rear of the building, one on each side of the
                     gabled roof.  The new dormers would not 
                                             increase the overall height or depth of the
                                             bldg..
        Permit No:  2014.0573
        NSR Date:  8/1/2014
* September 26, 2014 – Permit issued for roof dormer applied under Permit No. 201304124474 (311 Notification.  May 1, 2014)
* October 9, 2014 – Complaint filed for undervaluation of job
* October 14, 2014 – Complaint abated by Inspector Clancy
* October 21, 2014 – Re-adjustment of valuation of Permit 201301229447; addition of $108,000 in valuation for a total valuation of $173,000 (total valuation of job $1,760,000)
Readjustments of Valuation are done arbitrarily by Inspector – No Outside Independent Consultants Used to confirm Data or Estimates.  Valuation Most likely MUCH higher Square footage of Building Increased from 3350 to 7591

Commissioner’s & Staff Question & Answer Discussion: 
* Vice-President Mar asked if all 11 permits were OTC?  Mr. Sweeney said 2 came from the Planning Department.  Were they 311 notices?  2 of them were.
* V.P. Mar asked if exterior of footprint was changed?  Mr. Sweeney said yes with permit #2.
* V.P. Mar said it is less than 2K sq. ft.  Mr. Sweeney said a lot of space was not habitable, so owner “gutted” the house and added beams to open up the house and also part of seismic upgrade.
* Mr. Sweeney said owner legalized the attic and rooms down. 3,300 and went to 1,300 sq. ft. increase.
* V.P. Mar said the size of the house has almost doubled.  Mr. Sweeney said they switched the storage room to a mud room and bedroom.  
* Commissioner Walker said this illustrates concern about serial permitting, and going around the public process.  Doubled residential space and allowed things to expand significantly which is problematic.  
* V.P. Mar said a concern of preferential treatment with certain building owners.
* President McCarthy said that he respectfully disagrees that this is a serial permitting case.  He went through the permits, design built building, and contractors pulled permits.  DBI does not police how people build their homes.  Permit history shows owner went through normal channels.  Home has taken a long time to build, but system is in place and things were done correctly.
* Commissioner Walker said this puts the public at a disadvantage and disruption in the neighborhood.  Problem when there are “monster homes” in a neighborhood.

12. Discussion on Accela Permit and Project Tracking System.

Mr. Henry Bartley, Project Manager for the Accela Implementation, gave a status update on the Permit Process Tracking System (PPTS) and addressed the following points:  

Accela UAT Stats Nov 2014 – Feb 2015            
> UAT Wave 1 – Accela Functional Test        
Date            Total UAT Items
Nov – 14        53
Dec – 14        64
Jan – 15        70
Feb – 15        23

* UAT testing completed in Nov
* Fixing of UAT items start in December
* Began re-testing fixed UAT items in Jan

> UAT Wave 2 – Migrated Data Testing
Date            Total UAT Items
Dec – 14        104
Jan – 15         116
Feb – 15        52

* Full migration test run on Nov 1
* Testing of migrated data conducted in Nov
* Fixing of UAT items Nov – Jan 
* Full migration test run on Feb 2 – fixing in progress
* Final full migration run on March 9

Commissioner’s & Staff Question & Answer Discussion:

* Mr. Bartley said that he was not presenting a completion date or timeline, because there are more fixes needed.
* Commissioner Walker asked what fixes were needed?  Mr. Bartley said grandfathering of fees, and every 3 years new fee schedule is implemented.  Older fee schedules need to be put in ACCELA.
* Mr. Bartley said another issue is Inspector’s records.  ACCELA does not have a feature to lock the results and comments to prevent further changes.
* V.P. Mar asked if DBI gave the vendor all of their issues?  He also said one complaint is DBI gave them benchmarks that changed.  Mr. Bartley said from his perspective ACCELA has all they need.
* President McCarthy said the Commission wants him to take leadership and see how the BIC could get more involved.  He asked if it was possible for 3 Commissioners to meet with Mr. Bartley and talk it through.  They are afraid of the system not holding up when DBI launches.  Can the committee meet to answer questions?
* Commissioner Walker said she attended the PPTS meeting and it was a larger group, but there are business meetings also so maybe have 1 Commissioner at a meeting to get information.
* Mr. Bartley said he welcomes the opportunity to have a meeting.
* Deputy City Attorney Malamut said that it was okay to have meetings, but the Commissioners that meet cannot be a quorum of the sub-committee.

9. Update on the Department of Building Inspection’s fee study.

Mr. Randy McClure of the Controller’s Office gave an update on DBI’s fee study and said that his office has been working closely with the consultant to finish the work.  There were some concerns about the methodology, and they wanted to make sure that nothing was omitted.  They are close to having the final draft report next week, and they hope to have the consultant come to the March 18 BIC meeting to bring recommendations.  He apologized for the delays, but the Controller’s Office wants everyone to understand the data.

10. Discussion and possible action regarding a proposed ordinance (Board of Supervisors 
File #141298) amending the Building, Administrative, Planning, and Police Codes to require attenuation of exterior noise for new residential structures and acoustical analysis and field testing in some circumstances in addition to other requirements and regulations. 

This item was continued to the call of the Chair, and there was no public comment.

11. Director’s Report.
a. Update on DBI’s finances.

Deputy Director Taras Madison, Chief Financial Officer, gave an update on DBI’s finances and addressed the following items:
* Revenue has increased and there is a surplus due to projects.
* January 2015 projecting to collect $1.6M more, including the 7% extension.
* Valuation drives DBI’s revenues.
* Project money moved, and it looks like DBI is spending less but the Department is not.
* Money in the fund balance is attributed to collecting revenue, and more savings.
* Department hired 32 employees (7 new), 8 recruitments are underway and interviews are scheduled.

b. Update on proposed legislation.

Mr. Bill Strawn, Legislative and Public Affairs Manager, gave a brief update on proposed legislation and said that the Soft Story program has 99+% response, and screening form submittals.  Statistics are:  27 jobs retrofitted, 200 permits issued (few are in Tier 1).  Mr. Strawn highlighted Supervisor Breed’s legislation regarding exterior noise for new residential structures.

c. Update on major projects.

Director Tom Hui said that major projects have increased by 1%.

d. Update on code enforcement.

Dan Lowrey, Deputy Director of Inspection Services, gave an update on code enforcement and also congratulated President McCarthy and Vice-President Mar on their reelection.

Deputy Director Lowrey presented the following Building Inspection Division Performance Measures for January 1, 2015 to January 31, 2015:

* Building Inspections Performed                4878
* Complaints Received                          335
* Complaint Response within 24-72 hours              289
* Complaints with 1st Notice of Violation sent              64            
* Complaints Received & Abated without NOV          173
* Abated Complaints with Notice of Violations             37
* 2nd Notice of Violations Referred to Code Enforcement        16

Deputy Director Lowrey presented the following Housing Inspection Services Performance Measures for January 1, 2015 to January 31, 2015: 

* Housing Inspections Performed                   1055    
* Complaints Received                     453        
* Complaint Response in 24-72 hours             443    
* Complaints with NOVs issued             206
* Abated Complaints with NOVs                   442    
* # of Cases Sent to Director’s Hearing                 48
* Routine Inspections                         91    

Deputy Director Lowrey presented the following Code Enforcement Services Performance Measures for January 1, 2015 to January 31, 2015:
* # of Cases Sent to Director’s Hearing                   82     
* # of Order of Abatements Issues                               24  
* # of Cases Under Advisement                              14
* # of Cases Abated                                      84
* Code Enforcement Inspections Performed            182
* # of Cases Referred to BIC-LC                     -
* # of Cases Referred to City Attorney                 -

14. Commissioner’s 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.

There were no inquiries to staff.

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.

Secretary Harris stated that the next Commission meeting was scheduled for March 18, 2015.

Vice-President Mar said that Commissioner Walker already requested that the BIC agendize the item involving the Hunter’s Point residents regarding the Lennar project, demolition of Candlestick Park.  He asked if prior to that an Inspector could go out to make sure things are being done properly, even though some of this falls under Department of Public Health. 

Deputy Director Lowrey said as far as the demolition project, the Department has received the dust report from the Health Department.  DBI also has a code enforcement officer, Donal Duffy, going to the job site and going over the mitigation with the contractor and a district inspector will be going there daily.

Vice-President Mar asked if the Inspector’s report could be presented at the next meeting.

There was no public comment.

15. Review and approval of the minutes of the Regular Meeting of November 19, 2014.

Commissioner McCray made a motion, seconded by Commissioner Clinch to approve the minutes of the Regular Meeting of November 19, 2014.  The motion carried unanimously.

RESOLUTION NO. BIC 009-15

16. Adjournment.

Commissioner Clinch made a motion, seconded by Vice-President Mar, to adjourn the meeting. The motion carried unanimously.

RESOLUTION NO. BIC 010-15

The meeting was adjourned at 1:17 p.m.

 

                                            Respectfully submitted,

    

                                    _____________________
                                    Sonya Harris
                                    Commission Secretary

                                                                    
        

SUMMARY OF REQUESTS BY COMMISSIONERS OR FOLLOW UP ITEMS   
Agendize discussion of Candlestick Park dust issues.  Also report from Inspector regarding demolition project. – Walker, Mar
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