Litigation Committee - September 15, 2020 - Agenda

Meeting Date: 
September 15, 2020 - 2:30pm
Location: 

PDF icon litigationagenda09-15-20.pdf

 

BUILDING INSPECTION COMMISSION (BIC)
Department of Building Inspection (DBI)
 
NOTICE OF COMMITTEE MEETING
LITIGATION COMMITTEE
 
Tuesday, September 15, 2020 at 2:30 p.m.
Remote Hearing via video and teleconferencing
Watch: https://bit.ly/3bicsFy LISTEN/PUBLIC COMMENT CALL-IN: 1-415-655-0001 / Access Code: 146 749 6516
To raise your hand for public comment on a specific agenda item press *3 when prompted by the meeting moderator. Due to the COVID-19 health emergency and to protect Commissioners, DBI staff, and members of the public, Department of Building Inspection offices remain partially closed to the public.
 
AGENDA:
(A portion of the BIC Litigation Committee meeting (item 2 on the agenda) will be held in Closed Session. The Committee will take public comment regarding Item 2 prior to going into Closed Session. After the Committee reconvenes in open session, the Committee will hear general public comment in Item 3, and will hear public comment on item 4 as well. Members of the public who address the Commission have the discretion on whether or not they wish to identify themselves for the record.)
 
1. Call to Order and Roll Call.
MEMBERS OF THE COMMITTEE DEPARTMENT & COMMISSION STAFF
Alysabeth Alexander-Tut, Commissioner
Jon Jacobo, Commissioner Patrick O’Riordan, Interim Director (628) 652-3500
Angus McCarthy, Commissioner
Sonya Harris, Secretary (628) 652-3510
CITY ATTORNEY'S OFFICE REPRESENTATIVE Peter Keith City Attorney Rep. (415) 554-3908
 
 
Members of the public are to participate remotely. If you want to ensure your comment on any item on the agenda is received by the Building Inspection Commission in advance of the meeting, please send an email to sonya.harris@sfgov.org by 5pm on Monday, September 14 or call (628) 652-3510. Please see the information on the next page for remote meeting access.
Meeting held by teleconference pursuant to the Governor’s Executive Order N-29-20 and the Twelfth Supplement to Mayoral Proclamation Declaring the Existence of a Local Emergency.
 
2. CLOSED SESSION: Pursuant to Government Code Section 54956.9(c) and the San Francisco Administrative Code Section 67.10(d)(2).
a. Public Comment on all matters pertaining to the Closed Session.
b. Possible Action to convene a Closed Session.
c. CONFERENCE WITH LEGAL COUNSEL
Investigation and/or Litigation:
As plaintiff (Active and/or Monitored): 66 cases
As defendant: 0 cases
Review and possible action regarding Department of Building Inspection’s referrals to the City Attorney’s Office from the CED/HIS and DAD Divisions.
d. Reconvene in Open Session to vote on whether to disclose any or all discussions held in Closed Session (Administrative Code Section 67.12 (a)) and to disclose any direction or approval given to the City Attorney to prosecute a case (Administrative Code Section 67.12(b)).
 
3. Public Comment: The BIC will take public comment on matters within the Committee’s jurisdiction that are not part of this agenda.
 
4. Discussion and possible action to set a meeting and identify items that could be placed on the agenda of future meetings of the Committee.
 
5. Adjournment.
 
 
Remote Meeting Access (WEBEX)
To watch via WebEx application on your desktop/laptop:
Click the link to join the meeting - https://bit.ly/3bicsFy
You will then be prompted to enter the following information:
 First and Last Name: These fields are required to be entered; however, if you wish to remain anonymous, you may type “Public” in the first and last name fields.
 Email Address: This field is required to be entered; however, if you wish to remain anonymous, you may type “Public@public.com” in the email field
 Click the “Join Now” button to join the meeting
Public Comment Call-In: 1-415-655-0001 / Access Code: 146 749 6516
Providing Public Comment: • Dial in to 1-415-655-0001 and then enter access code 146 749 6516 then #
• Press # again to enter meeting as an ATTENDEE
• You will hear a beep when you join the meeting as a participant. Stop and LISTEN
• Wait for Public Comment to be announced.
• When the President or Commission Secretary calls for Public Comment, dial ‘*’ then ‘3’ to be added to the speaker line.
• You will then hear “You have raised your hand to ask a question, please wait to speak until the host calls on you.” Callers will hear silence when waiting for their turn to speak.
• Ensure you are in a quiet location. Before you speak, mute the sound of any equipment around you, including televisions, radios, and computers. It is especially important that you mute your computer (if you are watching via the web link) so there is no echo sound when you speak.
• To withdraw your question, press ‘*’ then ‘3’. – you will hear: “You have lowered your hand.”
• When the system message says “Your line has been unmuted” - THIS IS YOUR TIME TO SPEAK.
• When the President or Commission Secretary states “Welcome Caller,” you are encouraged to state your name clearly. As soon as you speak, you will have 2 minutes to provide your comments.
• Once your 2 minutes have expired, you will be moved out of the speaker line and back as a participant in the meeting (unless you disconnect). You will hear “Your line has been muted.”
• Participants who wish to speak on other public comment periods can stay on the meeting line and listen for the next public comment opportunity.
 
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
(Chapter 67 of the San Francisco Administrative Code)
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.
 
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
 
 
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE, TO OBTAIN A COPY OF THE SUNSHINE ORDINANCE, OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE AT CITY HALL, 1 DR. CARLTON B. GOODLETT PLACE, ROOM 244 SAN FRANCISCO, CA 94102. OFFICE (415) 554-7724, FAX (415) 554-5163, E-MAIL: sotf@sfgov.org
 
Copies of the Sunshine Ordinance can be obtained from the Sunshine Ordinance Task Force Office, the San Francisco Public Library and on the City’s website at www.sfgov.org
If any materials related to an item on this agenda have been distributed to the Commission after distribution of the agenda packet, those materials are available for public inspection at the Building Inspection Commission Office located at 1660 Mission Street, 6th Floor, San Francisco during normal office hours.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals.
 
MISSION STATEMENT
As a policy-making and supervisory body mandated by the City Charter, the seven-member citizen Building Inspection Commission will manage the Department of Building Inspection and the bodies subordinate to the Commission by overseeing the effective, efficient, fair and safe enforcement of the City and County’s Building, Housing, Plumbing, Electrical and Mechanical Codes, along with Disability Access Regulations.
 
ACCESSIBLE MEETING INFORMATION POLICY
The meeting will be held at the Permit Center, located at 49 South Van Ness Avenue, 5th Floor. The closest accessible BART station is the Civic Center Station at 16th and Mission Streets.
 
Accessible MUNI/Metro lines servicing this location are the J-Church, K-Ingleside, L-Taraval, M-Ocean view, and N-Judah at Van Ness and Civic Center Stations; 14-Mission; 14L-Mission, 26-Valencia, and 42-Downtown bus lines. For information about MUNI accessible services call (415) 923-6142.
 
The meeting room is wheelchair accessible. Accessible curbside parking spaces have been designated on Mission Street in front of Discount Builders Supply for mobility-impaired persons. There is accessible parking available at the side lot of 1660 Mission Street.
 
To request a sign language interpreter, reader, materials in alternative formats, or other accommodations for a disability, please contact the Commission Secretary, Sonya Harris (628) 652-3510 at least 72 hours in advance of the meeting to request these services.
 
Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call (628) 652-3510 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such persons, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.
 
 
LANGUAGE ACCESS
Please note: For questions about the Language Access Ordinance, please contact OCEIA at (415) 581-2360 and ask for the Executive Director or Language Access Compliance Officer. Language Assistance: To request an interpreter for a specific item during the meeting, please contact the Commission Secretary, Sonya Harris, at
(628) 652-3510 or by email at sonya.harris@sfgov.org at least 48 hours in advance of the hearing.
 
POLICY STATEMENT OF PUBLIC HEARING OR MEETING
Pursuant to Section 67.7-1(c) of the San Francisco Administrative Code, members of the public who are unable to attend the public meeting or hearing may submit written comments regarding a calendared item to the BIC Commission Secretary, Sonya Harris, at 49 South Van Ness Avenue, 5th Floor, San Francisco, CA 94103 or at the place of the scheduled hearing before the proceedings begin. These written comments shall be made a part of the official public record and these comments will be brought to the attention of the members of the Building Inspection Commission. [Twenty copies are necessary.]
 
POLICY STATEMENT OF PUBLIC COMMENT
Pursuant to Section 67.16 of the San Francisco Administrative Code, each member of the public may address the Commission once for up to three minutes on any agenda item.
 
SAN FRANCISCO LOBBYIST ORDINANCE
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Administrative Code Sec. 16.520-16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-6445; web site: sfgov.org/ethics.