Transcripts For SFGTV Health Commission 81815 20240622

Session meeting we were reviewing the medical Quality Improvements and the ms staff with the reports a great deal of discussion and clarification that was an excellent meeting and open session the commission then asked. A followup on the issue of patients travesties into laguna honda to sf g h sound like dpefgs and have the two folks both from laguna and well have that when the next meeting pertaining to the possible timeline for the demonstration of improved procedures for the issues that impact the safety with the safeties network finances it, too it was a very good meeting my colleague want to add anything no. Okay. Thank you. Again next item, please. Item 10 a Committee Agenda setting october 1st is the meeting. Have we determined when the joint meeting with the Planning Department Planning Commission is. The date we decide on for you all october 17th i believe i havent heard back if the Planning Commission im sorry october 22nd their secretary was out of town maybe back today ill let you know as soon as i know. The next item is a vote for a closed session consideration for closed session. Any Public Comments on the closed session. No there are not. So were ready on whether to have the closed session. All in favor, say i. I. Opposed . The commission willyou. So its a vote to disclose or not and then adjournment. So have them coming out of closed session the motion to disclose or not disclose any of our discussions. Motion. So moved not to demolish. Theres a second. All in favor, say i. Of not disclose or not disclosing the discussion please say i opposed . Well not disclosure the discussions from the closed session is there a motion for adjournment. Motion to adjourn please. All in favor, say i. I. Nps . Opposed . This meeting is nowto call. Thank you very much ms. Wynns mr. Walton ms. Fewer mr. Haney ms. Norton middleincome is not present and emily murase not present thank you. Right so we have one item on the agenda tonight i want to annunciation everybody first welcome and thanks for joining us were excited to have you all here we have speakers out there in the small room you can grab if you that 80 want to make a Public Comment give it to ms. Casco well read the resolution and sorry read the resolution im going to turn it over to to the superintendent. Thank you commissioner Vice President haney and good evening to everybody resolution modification of where had policy and issuance of diplomas to the class of 2015 that meet all the graduation requirements whereas the code provides that each person should successfully pass the holiday compassion of graduation or a condition of graduation from high school and based on this 9 board of education policy similar requires that students who successfully passed k c to get a diploma and requires that School Districts shall provide 3 opportunities to take the k c not passes and that eligible people in k c passed up to 5 times and came back take the k c and commissioner wynns. Thank you wheres historically the seniors had the opportunity to take the k c in july to have but opportunity to pass into sections of the k c and secure Employment Opportunities after high school and whereas the senate bill proposes the superstition of k c during 20162017 and 2018, 2019 pass it as a company of High School Due to this k c it maybe suspend in the 20152016 consulate year the state department superintendant tom exercised discrepancy to cancel the k c and. Whereas superintendant slags cancelation of the july cancelation left seniors without an additional opportunity to pass into sections of the k c as a result of the states decision to cancel the k c in july some seniors in the San Francisco Unified School District have been impacted although theyve admission to post secondary schools their admission will be revoked because they havent earned a High School Diploma. Whereas the details caused by this cancelation of the july k c modification from final resolution has left the students in limbo and denied access to opportunities that otherwise would have been available in it had not been cancelled and whereas the students opportunity to have a hardship or failing to complete college and. Whereas the decision to cancel the administration of the july k c disprospering focuses kids of color and disengaged students therefore, be it resolved the board of education of the San Francisco Unified School District is committed to educational equality and the appreciative power and therefore hereby amend the policy as shown in the amended policy attached here to and. Bbdz that the board of education directs the prudent to issue all diplomas to the students who have a completion of certification solely because they have not passed into sections but completed all in appliance with the board policy and further be it resolved that the board of education directs the superintendant to bring it back to the board for reconsideration as such time the california legislation and the governor has taken action on the case. Thank you commissioner Vice President haney at this time id like to invite two Staff Members to briefly present this policy change and ask the superintendant mr. Billing sanderson and the chief of Research Planning and assessment to also come forward. This resolution i move it. Ill second it. Thank you. Good evening, commissioners thats it its a pleasure to be here at the end of the 20142015 School Year Students were denied the opportunity to take this 0 claim the action of the department of justice is opposed by the state level since the action sfusd has constantly monitored the process of this legislation and been in communication with the designated advisors pursuant to to the board of education meeting this tuesday the urgency was demonstrated by students as the fall semester quickly will approaches for the universities and colleges and they began to withdraw their admission the staff worked relentlessly to identify the graduates effected by the california examine the following criteria ways used constitutes that were actively enrolled in the Spring Semester of 2015 on the day of migration may 29 students met outline course requirements by the board of education students that met all of the previous requirements that did not successfully pass the california exit examine we discovered there were approximately hundred and 44 students that would be impacted by a potential change in policy upon close examination i might add required numerous hours of people in a quick time to examine each transcript of americas cup all hundred and 4472 students met all the requirement this cohort of a hundred and 7 at this point in time with that im going to turn it over to mr. Dr. Con that will go over the hundred and 6 students. Good evening and very big graduations to all of you from the city im here to present demographics programs on this group of a hundred and 7 students that will be graduates today those students represent almost all of the comprehensive high schools in the city we have more than 10 students that are here from lincoln and washington Sf International and mission more students from those schools over 80 percent the students in this simulate set offering graduates qualified for the free lunch among the hundred and 740 students are latino and are 14 africanamerican apparently 72 percent of those students are english language learners and it is so beautiful when we measure the diversity of our city and they speak 13 dominant languages in the transcripts 36 students among the hundred 07 have applied to different colleges in california and will now be eligible to start in the fall thank you and im going to turn it over to phil. Finally id like to restart and thank you, dr. We believe that there are more students that maybe identified as we continue to examine the data and receive inquires from families and schools i want to say this truly has been a team effort over a matter of a few hours i wanted to call out specific from curriculum stephen and chavez put in post secondary success the counselors calling names Public Outreach gentle briefing and hyde i didnt from the high School Lead Team pablo and rose printing diplomas when we needed them today it was very helpful the Information Technology calling names and im sorry this list is on and on and from research and other a few days for us dr. Connecticut in a and jim, calling names and from the legal Team Danielle and others and the courageous leadership of our superintendent it is an honor to be part of this team. Before we take comment and move to a vote i want to recognize were honored to have assemblyman david chiu that well invite you will u up to say a few words you can sit there or come here its your choice. So we can act on this on the first reading. Usually we do that. Time. laughter . All right. Thank you thank you to the school board let start by thanking all of you four working together to address this a number of you have reached out to thank you hastening and norton and mr. Carranza and also want to take a moment to thank jill tucker and most importantly thank the students for being here and courage what has happened to our students 2 thousand students in the state of california this is unacceptable a decision that is miss first degree and every policy needs to be doing every thing we can to insure those students can graduate hopefully immediately and go to college this fall i learned this has been heartbreaking i had the honor earlier this summer to be the compliment speaker of the International High school as you may know the stories of what those students have had to go through weve heard the statistics over threequarters of those have been able to overcome poverty and language barriers to get where they are and to be told at the last minute you cant graduate because you havent passed the test the state nonetheless is given sounds like we read something in high school and i also want the members of the school board to know that in the last two days my office and i have been in close touch what a number of key senators in the Assembly Side as well as with the leadership of both houses and i think there is an awful lot of support to figure out what we can do were exploring the legislative options we know that college is coming up we have little time and the protective process takes 9 months were doing every thing we can to either try to accelerate something through the legislative process weve been in touch with the California Department of education they doing every thing we can that the students get accepted and go to the college of their dreams regarding the school board tonight given the state switched the rules you need to do what you need to do thank you, again, for your courage and ill close by saying assuming hopefully given the action of the school board tonight i want to be amongst the first to graduate the students here and look forward to hearing about your urge future successes and everyone in this room were prevail i want to thank you and look forward to the perspire in working together clapping. thank you Assembly Member thank you for being here and commissioner wynns did you want to see. I move superstition of the rules. All right. So i have oh, we have are thank you. Mr. Walton ms. Fewer ms. Norton mr. Haney and dr. Murase and mendozamcdonnell so one speaker card. Just one yeah. Hi thank you my name is a todd the cofounder the parents plus Action Committee the social Action Committee soelt supports this in amending the graduation requirements to temporarily roach this case to have the students diplomas the students should achieve the highest levels of the success and institutional rules shouldnt set the ceiling we applaud the district for National Anthem a High School Diploma and wish you all success in college thank you. clapping. thank you. Okay. So open up for the board questions or comments commissioner. Thank you. I just want to thank the superintendent and staff wisp discussing this earlier in the spring and presumed that this would be fixed by the administration of the k c in july and further opportunity for the students and students across the state so this all due respect this is a problem wholly created by the state of california by having even setting aside the question was ever an effective measure we should say it is new suspend red but in this Academic Year the state superintendant that decided not to administer it and the state of the United States have deciding not to let the students come im proud were fixing something for our students it looks like this will be the beginning and people all over the state will do this to accommodate and figure out wasnt with, do and hopefully, the state will fix that im happy and happy to support it im interested in sort of how were going to make sure that all issues recommended to this year communicated to our students and families if i could get an answer to that ill appreciate it. So you know this hundred and 7 as we continue to examine and identify students it is going to take an enormous amount of outreach to students and innovative them in writing were condominium to the do that have we worked out everything as of now committed to do that and doing to quickly. At the present time were doing something that is technically against the law. Yes. Well work closely with the legal team. Oh, commissioners were not on the first page of the chronicle anyone knows well worry about that i have one other question during the time were diagnose do this we discovering any students that have less school thinking theyre not passing school we can do outreach and presumably other reminded they have to meet but weve talked about what is supportive for the 5 year or you know going to exiled lengths to make sure our students have a diploma since were going to the records anyway, im moping it is possible to have others for specific outreach and help them also thank you. Weve been getting calls from parents saying we were we didnt know were taking you know attending to them personally but go through it student and student. Thank you. Commissioner walton. So what a difference 3 days makes my daughter was part of the first class in the state that had to pass and my son they passed that but as a parent that worked in education additional from an anecdotal prospective that never matched the construction i rubs in the classroom i had a problem with that and now it is understood across the state to do things different i want to thank the students for coming out on tuesday and sharing our stories and want to thank the staff and faculty it is sponsor we know what is happening i wished we have could have a jumped on this earlier im excited were making this move i want to thank that the claims and superintendent from district 10 and the community for coming out mr. Star senator leno and assemblyman david chiu your support means the world as we continue to fight and make sure we get this up with the next steps passed in todays action you deserve our diplomas as you completed your course work and everyone for completing so thank you for being bold were about openly up opportunity in this district and never want to be put on the end of holding any child back into goals youve done a tremendous job being in this space and accomplishing and completing our course work so again with that, im excited about this action were to make and continue to dream big and continue to have big dreams and goals and continue to work hard thank you for big deal here and taking action on thank you. Ms. Fewer. Thank you commissioner Vice President haney. So i wasnt here on tuesday night that was an issue ive been to the superintendent about midmarket and never been in favor the california exit examine my in my opinion it adversely effects disproportionate students of color and low income and our English Learners it is actually punishing when it is a state that is underfunded for the education in the statistic im happy to lend my vote to this resolution this is the right thing to do we put our students first and im proud to be on this board and also very proud of my colleagues and the superintendant for making this bold move sometimes, we must be the leader of courage and to show others in the district and i want to say it is rare as a board member we say the opportunity to do something that has deep impact on persons individual lives so i ask staff and commend staff for its quick turn around and expensive work that everybody did we seek out other students that are impacted and lets do it in multiple language and ask the media for different languages to assist us with doing the outreach and announcements to parents and students so to the class of 2015 i would like to say congratulations that you join the other thousands of proud graduates of the San Francisco Unified School District and do well in life but above all do good. Commissioner norton. Thank you i agree with everybody said i want to thank every student and everyone for coming out it feels really good to do the right thing and i want to continue to express some acre angry that we and you were put in this situation many times that i since ive sat on this board weve been in a situation where a rule are decision made at the state level that makes things difficult the level boards for the superintendant for staff and you know sometimes, we do know best at the local level and i would say to particularly the department of the California Department of education that maybe they should occult with the district before making those decisions that could have a really, really bad impact for the students im glad you came out and brought this to our attendance and the media was interested and all of those things allows us to make this decision and right this wrong but it shouldnt have to come to that i want to thank assemblyman david chiu for coming and work and doing your best so thank you but i really hope we can stop having to do this i really hope that Going Forward that the state department of education ca can be more thoughtful maybe wear serving our students well and have the interests at heart and check with us before making dump decision thank you. I want to Say Something quickly well get on to the students are looking at us weve seen the diplomas sitting over there what are we talking about so you know, i echo the gratitude to everyone on the team the staff some assemblyman david chiu and superintendents and want to say to the students this would not have happened if you didnt stand and fight sometimes, its hard to tell our story to come to the Board Meetings and stand up in a scary plays that is sometimes scary for us to hold back tears that made a difference got us to this point were proud to stand and apologize it should or had to come to this youre going to get our diploma just in a minute but youre also as you get our diploma youre taking your place in history in many ways this is a very unusual special thing that was on the coffer of the chronicle the last two days make sure you get that and frame that and show our kids and grandkids years from now this is a very rare thing in this city theres a history of people that have experienced injustices who have similar types of things happen to many them and rose up and said you cant treat us this way not only are you going to get our diploma but hopefully, theyll think twice before treating people like that so youve got a impact and we are proud to be part of it with you with that, we have a vote and Something Else to do. Thank you commissioner Vice President haney and just to the students i know this was a typical graduation other 2 and a half hours of speeches before you get our diplomas laughter but all kidding aside i want to add my thats correct e thanks to the staff in particular our credential counselor that the all the hard things im not going to jail my wife appreciate but gave us the ability to have the cover to do that i want to thank the students because i think this is absolutely correct had you not been able to come and express yourselves in a public way the real work and the real impact of whats happening would not have come to light in a vivid way so to all staff win 48 hours that made this happen when you raise our voice justice will be done a lesson you take from this day forward i want to not insignificantly commend our folks julie clapping. you know when our administrators return from summer break i challenged them to identify instances of systemic opposition and not only identified systemic ocean but to act on it and change to interrupt that is our job as administrators tonight we walk the talk we walk the talk i want to thank our mayor, mayor ed lee has sent a letter of support and advocating at the state level and read a statement from the state of california and the president from the state board of education students have been expected into college shouldnt be please step forward from going to college because of a test. Theyre working to revolve the problem and make sure the students begin our College Careers thats our governor so to absolutely format to this incredible board of education that has not hesitated to put the students first that acted on the oath to serve our students in San Francisco im humid and honored and incredibly proud to sit here with i and serve you as your superintendant as we serve our children in San Francisco lets vote. Here we go. Ms. Wynns. Mr. Walton ms. Fewer mr. Haney ms. Norton and dr. Murase and ms. Mendozamcdonnell are absent thank you. Thats 5 is. clapping . Pass. clapping. so. Congratulations so commissioners and invited guests this Board Meeting will turn into a mention we would like to ask the board of education to deliver their diplomas if you join us in the horse shoe for all the students i want to also let you know were were going to work with the High School Principles at sometime in the fall well have a proper ceremony youll get your cap and gown and walk across the stage in the meantime, lets get your diplomas calling names. clapping. demutts is at Mission High School from San Francisco International High school calling names. clapping. from San Francisco International High school calling names. clapping. from San Francisco Industrial High School Christine Martinez clapping and finally from San Francisco International High school eric Perez Morales clapping clapping. meeting adjournedyou. What do you think about working at an airport and i love it is busy all the time. We want it to be an those away was this is a venture if i didnt love it ill be an accountant. We want the experience that is a nonairport experience the negative stigma were trying to erase that. Everything is in a bad food to excite them about the food and they have time to learn about us. People are imitated by traveling and the last thing to do is come to a place fill of chaos. Telling me how the extent of napa a farms came about. It was a vision of the airport director he had a suspicion of a really cool gourmet speciality market locally friendly products this market local flavors this is the best. Can we get a little tour. Absolutely laughter so first on our tour. We have the clock we like to call it. This is coordinating it is made in San Francisco. What about the customer presence. We like to get the permanent farther i love the cappuccino and you have to go to multiple places for the cupcakes the cup a cakes from karis people want to live here theyre longing phone call for one thing in one spot in you know anything about San Francisco the cheese the most popular cheesy think a lot of the people from the west coast say so this the real San Francisco sour dough and theyre curious. You find people respond to the idea of organic and absolutely. This is autumn. Thank you, thank you and theres a lot of personal touch. I see San Francisco. Its very hands on. Whats the most popular items. This is quite surprising our fresh jotting this is the chronicle special a bowl of warm oats and coconut thats mites farther. And speaking of drinks tell me again the cocktail scenes is that one, the things your known for. The cocktails are fantastic. Really. Fresh ingredients we dont have a mixture it to order this is our marcus bloody mayor. Farmers market bloody mary the bloody marys in the airport are great shikz it up. And then were going to garnish it with olives. And some lime and a fresh stalk of selly. Right on. We like it has been amazing. The people have been so gracious and so supportive of what were doing. The energy here is fantastic with so many couples getting married. Its just been an absolutely fantastic experience, so wonderful. By the power vested in me, i declare you spouses for life. Thank you. Thank you. To actually be able to get married and be a part of this time in history and time in our history is amazing. This is a momentous occasion for us to be able to actually have this opportunity to have equal rights. We have been together for 14 years. Everyone is so welcoming. Its been all set up and people have guided us from step to step. Its been easy. There was live music. People are so friendly and excited. So excited for us. Its really great. Yeah. And salvador is party a here to known as party a. On the out it looks pretty simple. You come in, you made your appointment. You pay. You go here for your license. You got there to get married. You go there if you want to purchase a certified copy. Behind the scenes, there was just this monumental just mountain of work, the details into everything that we had to do and we quickly realized that we were not ready to issue the numbers of licenses that people are anticipating that we would need to issue. We definitely did not want people waiting in long lines. This is somebodys wedding. You want to be able to plan and invite your family and friends. Know what time you are able to get your marriage license, know what time youre going to have your ceremony. Thanks for volunteering. We got city volunteers, we got members of the public volunteering. We had our regular volunteers volunteering. We had such an overwhelming response from City Employees, from the members of the general public that we had way more volunteers than we could ever have hoped for. We had to come up with a training program. I mean, there are different functions of this whole operation. You were either, you know a checkin person. You were a greeter. You were part of the license issuing unit. You were deputy marriage commissioner, or you were on the recording side. Each one of those functions required a different set of skills, a different oath of office if they needed to be sworn in as a deputy county clerk to issue marriage licenses or as a deputy county recorder if they were going to register the marriage licenses or the deputy marriage commissioner if they were going to be performing ceremonies. Donna, place the ring on her ring finger. The marriage commissioner training was only about a half hour. It was very simple. Very well run, very smooth and then we were all sworn in. They said we would get our scheduled sunday night and so 7 00, 8 00, 10 00, you know, i got it at 11 00. This person who was orchestrating all of the shifts and the volunteers and who does what, you know, said from her Office Sunday night at 11 00. They are just really helping each other. Its a wonderful atmosphere in that way. Have you filled out an application . Not yet. You want to do that. Take this right over there. All right. Take it tout counter when youre done. Very good. Congratulations, you guys. For those volunteers, what a gift for them as well as us that they would take up their time and contribute that time, but also that they would in return receive so much more back because theyre part of the narrative of someone elses love and expression of love in life. This isnt anything that we had budgeted for, so it was basically we asked our i. T. Director to do the best you can, you know, belling, borrow, steal if you have to and get us what you need to do this. And he knew what the mission was. He knew what our goal was. And, you know, with our i. T. Grids and our software vender, they really came together and pulled it together for us. It made it possible for us to be able to serve as many couples as we have been. So once youre ready, you and your husband to be or wife need to be need to check in here and check in again, ok. Are you also going to get married today . Yeah. Lets process you one by one. Do your license in, exit and reenter again check in at that desk. Our wedding is at 3 00. As long as we get you in today. Were getting married at 2 30. Dont worry about the time line. Were greeting people at the doorway and either directing them to the services they need on this side which is licensing or the services on this side which is actually getting the ceremony performed. This is an opportunity to choose to be a part of history. Many times history happens to us, but in this case, you can choose to be a part of it. This is a very historic day and so im very, very proud to be here. I have been volunteering. Last monday i performed 12 different marriage smones. The least amount of time that any of the couples that i married have been together is two years. Most of the couples have been together eight, nine, 10, id say 70 have been together at least that long if not longer. There is a lot of misconception about who gay and lesbian people are. Its important that people see that we love our husbands and wives to be and love our children and have the right to have families just like everyone else. Its important that we have experienced our own families, our own friends, and the excitement of the volunteers when we get here has made us feel wonderful and accepted and celebrated. There is a lot of city agencies, city departments, divisions that offer up their employees to help us out since overwhelming response, its unbelievable at how City Government works. This is the time that San Francisco City Employees have really outshined San Franciscos Clerks Office didnt need to hear from the mayor to say whats your plan. They offered a plan and said here is our strategy. Here is what we can do. We can add all of these computers here and there. We can connect our databases, we can expand our capacity by x. We can open up early and stay late and stay open on the weekends. Its unbelievable. We can coordinate all of the training for our volunteers and them in as deputy marriage commissioners and make sure its signed and certified. Thats an example and a model for others. This is what happens is when people prove that things can be done, it just raises the bar for what is possible for everyone else. It kind of went cooled plan and this is what we planned for. In some respects, people have kind of commented to me, oh, my god, you were a part of history and how many couples did we mary . How many families did we start . How many dreams did we make come true . The whole part of being part of history is something that we are here and we are charged with this responsibility to carry out. This is a regular meeting of abatement appeals board. Please turn off all electronic devicesism the first item is roll call. Vp clinch, here. Commissioner mar, here. Commissioner lee, here. Commissioner mccray, here, we vaquorum and commissioner waumer and melgar are excused is commissioner mccarthy is expected. The next item on the agenda is item b, the oath. Will all parties givingtume today please stand and raise your right hand. Do you swear the testimony you are about to give is the truth to the best of your knowledge . Thank you, you may be seated. Next item is item c, approval of the minutes. Move to approve. Ill second. There is a motion and seconds. Is there Public Comment on the minutes . Seeing none all Commission Rs in favor . Aye. Any opposed . The minute are apruchbed. Next we have item b 1 and b 2. Announce for the public and the staff each side has 7 minutes to present their case and immediately following that there will be Public Comment. Item d 1, request for rehering case 68102. Shakespeare street decided june 17, 20s 15. Action to grachbt request for rehearing. Well hear from the appellate first. Good morning. [inaudible] owner of 120 shakespeare. [inaudible] it is a long process, butthe first issue i would like to bring in, i would is a the history of citations information and one thing i would like to be on the record is there is a missing link to this. The information is about the complaint that isi would like to show it on the screen. I know that you have the copy of this. I want to acknowledge commissioner mccarthy joined us. Thank you. Now, [inaudible] assumption to this but the complainant has been asking for the [inaudible] last 3 years on the property and he [inaudible] 3500 numerous times and they were all recorded. The fine that [inaudible] constructed a storage house, a detached storage house that is 60 square feet and it is masonry bricks, no foundation what so ever. The allegation is that the owner wants shakespeare street is doing construction without permit. I wonder how she knows without permit. Putting all the dirt against the complainant retaining wall, which is a common retaining wall [inaudible] based on that i would like to let you know the storage house which is 60 square feet is about 30 feet away from the retaining wall. [inaudible] no mechanical what so ever. Of course that is pretty much addressed by the San Francisco building code, which ask defined by the clerk, mrs. [inaudible] California Building commission and the code is about 106. 2 which is right on the list. It says that less than 120 square feet, there is no need for Building Permit and also it said [inaudible] that is one of the items. The next one is after citing that then we have a citation of the retaining wall. [inaudible] to the complaints saying that because of the work being done on the storage house it cost the [inaudible] Foundation Wall and make it unsafe and unstable and about to collapse. On the basis, we have absolutely employed the services of Structural Engineer. I think you have a copy of that. It came from this is the [inaudible] his aessment is the wall is 4 feet high and it is stable and therefore safe so we just actually [inaudible] to the citation that is on site and unstable and to had point of collapsing. This is performed by a Structural Engineering, which you can see he is a pe. That is additional evidence. [inaudible] what is said about the retaining wall. On the other hand, under 60106 a. 2 which is embraced by San Francisco and approved by the California Building Standard Commission is that it is a 4 feet high and under the provision which is i think embedded under the 2013 California Building codes which is part of the ordinance approved by the state which is there is a particular ordinance approved for that and it is saying a wall not above 4 feet high is exempt from the Building Permit. That is what we have at this point. Um, im not supposed tosay this because this actuallyjust for sake of the records is that, [inaudible] has taken a very [inaudible] decision. He called me the [inaudible] i dont want to [inaudible] for the city. Why dont we just make building applications . On that basis we have a Investigation Report and the Investigation Report is clear the retaining wall is also 4 feet high and i have a copy of the Investigation Report as well quh which i believe you dont have it and also for the Structural Engineer it is 4 feet high. To my understanding based on experience and so on, what we submit today the building inspection is pretty much compliant, so we had the soil Investigation Report and Structural Design, everything that is needed, details and section squz so on. I can sow some information about the Structural Design which is performed by a Structural Engineer. Then zee the soil Investigation Report and then we have all the information about [inaudible] and so on which i believe is secondary to that. It was denied for some reason and i think that is within the review and when we asked forthe reason why sorry that is your 7 minutes but want to for the records point out the point of this agenda item is state new evidence we would then decide if we rehear the issue. For the record your new evidence iswhat is the new evidence . The new evidence is the Structural Engineer Investigation Report that the retaining wall is stable on the site. Okay and also the Additional Information is the agreement between the sit a and the state of california with regards of enforcement of 106 a. 2 which is supposed to be enforceable with the city of San Francisco. Thank you. Now well hear from the department and decide if we rehear the case and if we do there will be more time to discuss the particulars. Thank you so much for your time. The department has 7 minutes, right . Yes. Good morning. [inaudible] im not hearing any new evidence that would likely change your decision that you made at the last hearing so i have no further comments. Inspectorhension or mr. Hension, i wasnt here for the june meeting, is it correct that the small structure is roughly 30 feet from the wall or is it on top of the wall . We acknowledged at the last hearing that the permit filed if that is issued when the inspector goes out under thar permit and verified that the shed is no longer there, it or less than 100 feet we accept that as the solution so we are not taking issue with the shed at this time. Commissioner mar put aside the shed issue is the issue the retaining wall needs to be rebuilt . I think part of the new evidence is the engine ering report sayatize isnt in empinant danger of collapse and is the departments positions that it was in eminent danger of collapses that is wiey give time to repair it or we build it. If you look at the engineering report that they included for today dated july 27 of this year, it clearly states item b, inclusion and suggestions. New engineered 4 feet high retaining with adequate footing is recommended. That is completely supports the decision that was made by you at the lasthering that is the position department, but that is our position stillthe main issue is the retaining wall, not the shed . Yes, exactly. Thank you. Is there Public Comment . Sorry, seeing none, is there a motion or i can make a motion . We move that we [inaudible] i second that we grant the rehearing. Based on . Based on the evidence of the the engineers report. There is a motion to grant the rehearing. Do a roll call vote. Commissionervice precedent clinch, yes. Commissioner mccarthy, yes. Commissioner lee, yes. Commissioner mccray, yes. Commissioner mar, yes. That motion carries unanimously. On to item 2, possible rehearing of case sickt 802, 120 shakespeare street. Action requested by appellate who seeks reversal of abatement. The appellate can come up. This is a 7 minute . Saechb 7 minutes and 3 minute for rebuttal time what the Building Department mentioned about a letter b soph the Structural Engineering report and this is a little small but it was shown on the definition. The second paragraph is only a recommendation, it has nothing to do with what is the general findings and observation during the inspection. Now, the same recommendation was built in by the soil engineer so that can not be used against the property because it is only a recommendation and what is mentioned in the report is that whatever you have there is part of the norm lal wear and tear when it comes to structure and doesnt pose a safety hazard at this point. Thank you very much. Thank you. The department has 7 minutes. Just for clarification to the City Attorney, should i represent our original report or should i just act as rebuttal . The board has granted rehearing based on the new efds they are interested hearing about the new evidence at issue. Thank you. Just to comment on the engineering report, it acknowledged that the height of the wall is 4 feet, therefore a permit is required to deal with that retaining wall. Item 2 on the report, due to existing lateral soil pressure the top layers of the retaining wall are pushing out of [inaudible] so, any retaining wall that is pushing out of plumb is a hazard and needs a permit to repair it or replace it. And then the conclusions we mentioned earluritem b and item a is approach saying the existing retaining wall shall be structurally repaired sooner better than laterment when you take all those comments not from our engineer, from his engineer it is clear that the decision you made at the last hearing was correct and this information that is newly presented further supports that you made the right decision at the last hearing and would hope that you would uphold your previous good decision. Thanks. Mr. Hension are you very familiar with the conditions out there . Did you go out there or did somebody else . There were a number of people from the department went out there originally when the noits of violation was issued and shortly before the last hearing 2 staff were out there also. If i can ask a question from the engineering perspective, is the high side of the wall, is it hard scape or planted area . There is a photographlets see. The neighboring side of the wall there is a much greater height drop off. It looks like the down hill side is concreate, but im curious about the up hill side. This appears to be it here. Ya. The appellate before us today is which side of the wall . Um, that looks like if you take a look at this picture here, so that picture there is from the neighbors side and you can see there is a major crack there and if i was the neighbor i wouldnt like to be looking at that. In fact, the neighbor has filed a permit also so in the event that the appellate doesnt move forward, the neighbor also has a permit filed so that they can move forward sothey dont continue to look at this and have this hazard impended upon their patio. Okay. Also for the record, the neighbor has already got a order of abatement relating to this condition so they were willing to consider abatement on their property and the cost associated with that knowing that they are not entirely the cause of this problem, but they were willing it do that to show good faith that they are a cooperating neighbor. Commissioner mar the permit they called was to repair the retaining wall . Yes. Any other questions from the commissioners . Um, is the permit that the neighbor pulled, how long do they have towhat is a time limit on the permit . 30 day order. 30 days. Thank you. Now the appellate has 3 minutes for rebuttal. Is there Public Comment first . Before rebuttal . Public comment and rebuttal 3 minutes. I believe you asked about what is behind the retaining wall which is inside the property of the owner. This is thebehind the fence and that is actually 25 feet from where the storage shed was actually contracted so i can show that to you. That is a storage shed that was constructed and it was removed and the first citation which is 102 was removed straight away so leaving the retaining wall issue in tact. Now i believe the picture that was actually showed to you is pretty much the blown up area of the cracking and the issue of any out of plumb, [inaudible] significant beyond tolerance then you can say it is structure issue but we have a Structural Engineering saying the property based on his expertise and license that it is stable and safe. Now, i wanted to show the actual picture of the retaining wall, not just the portion that was a little this view is actually taken from the neighbor. That is the front elevation and this is the side view which i believe is a little closer. As yoi can see recollect it is out of plumbsorry . Lower it. There you go. As you can see the retaining wall is what the engineer said is stable and safe and if there is any[inaudible] he say that on the report that there is no diagonal cracking that will actually make it truly unstable so based on the [inaudible] of the structural . Gen ear it is stable and based on what they said, which is the department, the person who performed the inspection [inaudible] im not trying to put the person down because it is his job between the qualification of this inspector citing that it has a structural [inaudible] even some other engineering in the electrical or they dont comment on something that is structural, so here we are and have this structural report that says it is safe and stable. Thank you. Thank you. Any Public Comment . Seeing none. Any questions from the commissioners . [inaudible] we havent, you are right. Don, do you have rebuttal . Just one other item then on the report they presentsed. Item 4, there was no drainage system to leave the water behind the retaining wall out so that is a further example of where this talk of [inaudible] coming back, if we have a lot of rain you can have a major sur charge of water and further impending the retaining wall and wouldnt like to be the neighbor on the other side. Thank you. Commissioner mar. I have a question. So, john, the other neighbor has taken out a permit to repair the wall and also receive the notice of violation so our opposition this wall needs to be rebuilt again like mentioned sooner better than later so it is the opposition both neighbors are responsible for that wall, is that why we gave both neighbors the nlv . Yes and i would anticipate if both neighbors cooperate they would take the permit that the neighbor filed, they would use their own permit and use one of them to remedy the situation and that would clear the retaining wall issue on both properties the neighboring property the retaining wall has no other issues with the caish of the palt there are 2 issues there is a shed and the retaining wall, so it was a neighbors permit and it clears the retaining wall issue. The appellate would still need to get a permit deal wg the shed that that was removed. If the appellate used their permit they are taking care of the retaining wall issue and theshed so that permit clears it entirely i thought we taurked earlier about the shed and someone said it was below 120 square feet. At the time of the violation it exceeded 100 square feet. We were in good faith that if they have this permit issued it was just enough for the inspector to look that retaining wall and look to make sure the shed is reduced in size or removed. Commissioner mccarthy. It is probably more to the appellate, if you decide not to im a bit confused here, if the other neighbor is willing to do the work recollect are you willing to do this work or repairi do understand your argument in regards to Structural Engineer that it is safe and it is not a unsafe wall. Are you going to object to the other neighbor fixing that wall . As a matter of fact, we discussed that with 3 4 f1 we were not given a answer. The only answer is we were given a 3307 remove ing the foundation from the neighbors side as part of the Common Property and that only pertains to protection of the neighbors property and also giving him 10 days s before construction. Out of that we were denied but we agreed to go for construction of the retaining wall. Now, do so that we have to remove the foundation it means the neighbor is not going to take anymore [inaudible] as far as construction of the wall is concerned so that is what it is all about. As i said [inaudible] is willing and we discussed this many timed and have dmun communications and we agreed and you answered the question, so just if you can answer thisare you willing to participate in fixing the wall . Have you got the finances to do it or you dont . You are agreeing to fixing the wall but you dont have the financialing to do it . That is what we told the neighbor is we are willing to fix the wall but you have to give us the time to [inaudible] our financing. Thank you. Thats my only question. [inaudible] we have to [inaudible] our time here. Any other questions from the commission or Public Comment . I think i have a quick question from the appellate. Since you are will toog do the wall with the neighbor, what would be a reasonable amount of time . What the reasonable amount of time mr. Hui will need to cooperate with the neighbor to fix the wall because you said they need more time, what is that time . It is brt the financing side but we have completed the sign and so on and provided a copy to the neighbor saying this is what we have, but the main problem we have that according to the [inaudible] he wanted all the foundation that is supposed to be between on her side to be moved on our side and we have to revise the Structural Design i that increases the cost of construction. [inaudible] he is not going to share it. That is the point of the review is. It seems to me 2 or 3 month is enough to do that. I think 2 to 3 months ought to be enough time to do what you kibeed described to get the revised design and calculations done and submit ted to the city for permit. The question we have is the neighbor willing to share the cost with us. That isnt before us. It is mandated under civil code 841 and common ownership so we deal with the cost involved and we are willing to do that. We will construct the wall provided they share the cost. Any other questions from the commission . It is my opinion that the wall, the engineers report says the wall is fine that moment but should be replaced. Is there a recommendation . I think we should support the engineer said letter but think it is reasonable to give more time than 30 days so it is my opinion that something along theorder of 3 months is reasonable. John stol my thunder with elnino and they are talking about a lot of rain and so water will pond. The wall has been there for a long time but dont know if there are conditions modified over the life of the wall that could make it more vulnerable at the time so im agree fl wall to be replaced but think it is reasonable for 3 monthss. My motion is uphold the order of abatement but allow 3 months for the work to be done. Second. Clarify, is 90 days . I have a question for the department and maybe the City Attorney about this motion. If we prove it would that also apply to the neighbor because it seems like it is a common wall so if they are work on it we say this person has 3 mupth months and that person has 30 days . The neighbor has an abatement of issue so they are a are on the same terms so they are given the 3 months as well . No, it is irrelevant because the order of abatement is previously issues so if you issue a order now both neighbors have a order of abailtment pending upon them. We are saying the nar is getting a permit and pull the permit and will rebuild the wall so in 90 days that will be a new wall. Mr. Hui doesnt have do deal with it or is the argument then between them about who pays for that wall because we are making the neighbor rebuild it right away . I assume only one of the 2 permits we move forward. They will have to cooperate. The neighbors not going to build the wall without having some agreement with the appellate and vice versa. That was the just of my question, if we give one person 9 odays and the other 10 days to get it done, it seems like the fire is under the person with the 10 day limit. The other neighbor hasants complied yet and it doesnt have much impact other than we could send it the to the sinty attorney but we wont do that if they are cooperating so i dont see a problem there if you go ahead. There is a motion and second. We have a motion and second. Do a roll call vote. Restate the motion uphold the order of abatement for 907 days to give the appellate additional time to increed the work. [inaudible] it includes the [inaudible] this is only with respect to the retaining wall, the additional 90 days. Yes. Vice president clinch, yes. Commissioner mccarthy, yes. Commissioner mar, yes. Commissioner lee, yes. Commissioner mu curry, yes. The motion carries unanimously. Item a, general Public Comment. Is there general Public Comments not on the egenda . Seeing none, item f, adjournment. Is there a motion to adjourn . Adjourn. Second. All in favor, we are now adjourned. It is 955 a. M. I have a brief recess and reconvene at the Building Inspection Commission. Thank good morning. Today is wednesday august 19, 20s 15. This is regular meetding of Building Inspection Commission. I would like to remind everyone to fern off all electronic gises. The first item is roll call. President mccarthy, here. Vice president mar, here. Commissioner lee, here. Commissioner mccray, present. Commissioner clinch, here. Commissioner mill gar and walker are excused. We have a quorum and the next item is president announcements good morning everybody and thank you for attending the august 19, 2015 meeting. I have some comments from president announcements. Congratulations to director hui and dbi executive team which is finalizing the Department Plan setting dpoles and [inaudible] join the next current and coming fiscal your. The strategic blan will be post odthen internet as a standing guide for all staff and will help to improve our efficiency and effectiveness as a department. Thank you to director hewee and dbi which are party of mayors city wide effort to prepare for impacts from the celebrations tie today the superbowl which will take place laet jan, early november. Dbis role is alert contractors for building projects that may be effected by any superbowl treat closures and other activities that can disrupt Building Supplies and require schedule modifications mptd thank you to inspector alert leonof the Electrical Inspection Division who was helpful in assisting a customer. He gave the customer a care package to follow and helped close the case [inaudible] inspector cristmer greaty who received a letter from a customer thanks him for his assistance rchlt we encourage if you have a good experience to write in and that experience be sknoe. Kudos from [inaudible] who received a letter of appreciation for their work and Excellent Service in the field. Finally, special thanks to ron tom and the dbi response cordsination team who are preparing for rehushal operation to enable staff to train and improve preparation responsive skills so they are ready for it next big earthquake. Dbi Employee Recognition members met, reviewed nomination jz for dbis quarter of quarter 2 of 2015 and selected Code Enforcement daniel hendrix. Daniel was nouminated by 2 different dxr bi star for c3ustmer service skills. For her impress chb skill sets and understanding Code Enforcement and process. Congratuless to danielle and those who nominated her and diis enforcement team. That conclude my announcements. Thank you. Danielle, would you like to come forward . Vice president mar has a certificate. Danielle and on behalf of the commission we would like to thank you for your great work and congratulate you on being elected as employee of the quarter. Thank you. Get a photograph there of the nominees. For the news letter. Congratulations. Thank you. If you want to say a few words you more than welcome. I just want to say thank you for the recognition, it means a lot to me and every day i just strive to be the best at the department of building inspection. Thank you. We are happy to have you, thank you so much. Thank you is there Public Comment on the president s announcements . Seeing none item 3, general Public Comment. Bic will take pub luck comments on malters within the jurisdiction not part of this ajenlda. Seeing none item 4. Discussion and possibly action to approve and square in a member of the Code Advisory Committee. Appointment recommended is jonathan rod regs seat the exspire [inaudible] reviewed by the nomination subcommittee at r also may consider include robert [inaudible] and bill [inaudible] commissioner mar doia want to take the lead on this . Commissioner lee, commissioner mar, you keep quite. There we go. Nomination subcommittee met i guess about 10 days ago and interviewed all 3 candidates at the Committee Meeting and each candidate had their own strength and what we appreciate is this coming forward and volunteering their time to be on the committee. We selected jonathan rod rige to be on the committee. We felt that his background and resume was unique as being a attorney and working with people in the industry. We felt that characteristic wasnt on the committee and felt that is a good thing to have on the committee so we nominate to appoint jonathan [inaudible] to the seat at large on the members of the cac. Second. Is there any commissioners comment regarding that . So, if we just do the nomination then we make the comments then, correct . Is there any Public Comment on this item . Then commissioners discussions, if there is any or we just go ahead and vote . I just want to echo. Im excited for you to sit on the city and great qualifications. Thank you for serving. If there is no pub luck comment well do a roll qual call vote on the item. President mccarthy, yes. Vice president mar, yes. Commissioner lee, yes. Commissioner mccray, yes. Commissioner melgar is excused. Commissioner clinch, yes. That motion carries unanimously. We now accept it. If you would like to say a few words. Welcome and thank you so much. Thank you commissioners and im very excited about this appointment and very excited about doing everything i can to help out with the Code Development in San Francisco. My resident here since 1992 with a family iving in the [inaudible] of the city and i have been in and out of the department of building inspection many times for various reason yz got to know lot of the people there. Im very eager and excited about actually being part of looking at the Code Development that is unique to San Francisco and beading a leader in Code Development. I will say that as much as we do, it does have not only benefits but impact state wide and country wide. We look at what we did with the destination based elevator systems in the abo 90 and the hard work we did. I remember writing the first draft and thinking this will take a few munt but there a lot of stake holder squz it bexha California Building code for the state of california and thipg the rest of the country is looking at that as again a plat form for their Code Development. We can be leaders and think im very excited to be part of the committee and appreciate the appointment. Thank you. [inaudible] i forgot to bring in your oath of office and will have to have you come see me one more time soia can be sworn and get your oath of office. Thank you. Thank you and thank you for committee. Excellent choice. Nest item is item 5. Discussion and action to swear in a member of the Code Advisory Committee major contractor seat. Appointment recommended by the nomination subcommittee is miking chauv rosales seat to expire [inaudible] eligible applicants by the subcommittee that they also may [inaudible] at our second meeting as a subcommittee, commissioners we interviewed mr. Chavez and he brings to the position of a major project contractor seat just a wealth of experience and background workic with high rises and companies throughout the city and we were excited about his presentation and time with us , so on behalf of the subcommittee we nominate michael chauv vez rks i second that. Any commissioner comment or Public Comment . Call the question. Is dollar there a motion to appoint mr. Chauv frz the seat. Present mu carty, yes, vp mar, yes. [inaudible] the motion carries unanimously. Mr. Chavs if you would like to say a few wurz you are more than welcome and again, excellent choice here on behalf of the committee. Thank you, i want to thank the commission and dbi for throwing my name in the hat. I have been in San Francisco for 21 years. I met my wife here the first day i worked so i fell in love with the city and wanted to call the city home. In my 21 years San Francisco main library was the first project i built, asian art museum. I have been with web corp several years and built several high rises in the city y. Have been on the back side of the code changes and challenges they present so i thought it was exciting to be part of the process reviewing codes and looking to the future. I take great pride in the working reslaigzship i have with dbi. It sex citing to be part oaf the process. Part of my job is bring the information back and im trying to share and mentor some of our newer talent coming along where wl they are project engineers or superintendents that will live and work in the city to come soime rrb excited to be part of the process. Thank you thank you and thank you for your future service. Mr. Chavez ill contact you as well about being sworn in. Item 6, appeal pursuant to section d. 37504. Appeal by working group [inaudible] represented by zacks and freedman llc. Director tom huis april 24, 2014. Pursuant to 17975 of the California Health and safety code. Discussion and possibly action to adopt written notice of decision and find frgz appeal filed by working dirt llc. Note the item was heard by the Building Inspection Commission at july 15, 2015. At that meeting the Commission Voted to deny the epeal, uphold the director determination of relocation benefits and adopt findings at subsequent meeting. There will be 3 minutes allowed for presentation by the appellate and the department. Thank you. The appellate. Good monching again commissioners. I appreciate the time that has gone into this and we reavooed the findings. I want to address the finding that relates to the finding this matter results from defeoffered maintenance from conditions that occurred quite some time ago. It appears from reviewing the departments records these conditions existed for as much as 20 yours and yet the order issued on april 3 or 4 didnt nocontain the necessary information for the landlord and tenants to meaning fully department from the property and handle that. The question i have and the owner had is why didnt this happen sooner . Why didnt the department not plan for this and why were the amounts not stated in the order issued . The problems we heard about the unfortunate situation the tenant were put in resulted in the 3 week lag between the order isued and the stailt about the relocation benefits issued. The landlord paid thumount they were owed. The tenant believe they were entitled for more and there was a dispute and this could have been avoided on clear [inaudible] within hours of issuing those checks as we heard a lot about, the payment was stopped but the landlord advised the tenants they would dothat and issue new checks which were for more than what the department ordered. In realty the sequence doesnt matter, the tenant received what the department ordered they are paid and the prior owner who was responsible for 1520 years of this happening is off scott free and perhaps that is what the current owner bought and perhaps that is what he or she or they should have expected but from our perspective the owner bought this property in midjan applied for permits, the deapartment gave a permit, the owner noticed the tenants to relocate. The owner stepped in and did that on its own. The owner attempt today do everything he could. It merely lacked dweckz from this department. There was no reason why the department couldnt have given that direction and from our perspective the non compliance resulting with the health and safety code could have been avoided and perhaps nothing will be done but all we ask is the future the department consider some regulations, the city consider regulations so that landlords and tenant will be better off in this situation in the future. Thank you. Thank you. Members of the commission, good morning romary bosky chief Housing Inspector. I want to commend the commission for a rather extensive hearing on this issue. At the big hearingi will indicate that early in february the Housing Inspector assigned to this case, network re79s of the property ouner handed every notice of violation out standing at the time and walked through the property with them so there was effort on our part early in the process when the Property Owner bault bought the property to answer questions they may have and insure they were well aware of what was going on and at that point in time since there were notice of violation they had the opportunity to see chapsed ceilings. With that we believe with the testimony you received and the Staff Reports that we submitted that we completely support the findings as they have been indicated to us. Thank you. Is there Public Comment on this item . Commissioner discussion . Commissioner did you want to say anything . I concur with the report and do concur with regards to the representative from zacks freedman. Prestigeerally i think we could have handled this better. Going forward do we have a more better way of if we have a situation like this again we have a more direct way of itemizing and quantifying these type of expenses that a Property Owner may incur as policy Going Forward . Yes, tom Hui Department oaf building inspection. As you are a weir this is the first case we have and will work close with the City Attorney and knh xh come up with a better procedure. We have learned a lot to this and to the credit of the Property Owners lawyer, if this comes in front of us again i will be not as lenient on the department how we get to the the solutions here. I think it is very important we have a written and clear policy and think the report gives us that and want to thank the City Attorney for giving this report. Other than that it is just a comments looking to the future. Commissioner mar. I would concur with president mccarthys remarks. The other thing is, i dont think this is the first time we dealt with very long standing problems where the previous landlord chooses to deal with it just by selling the property, so im not sure if it is just within the purview of this department. Maybe there needs to be stronger legislation or something because unfortunately given the market and what it is, there is nothing to stop people from selling a building in any condition. Also, some people will buy it under any condition. Yes, i think we could have moved better on how long the nov lasted from the previous owner but dont know how to resolve this thing about. We have said to the new owners who come before us, you bought the movs and should have known when you bought that building you bought the movs and those tenants in a way. That is the problem. While there were unique things about this case in terms of the scope, i dont think it is that unique for those problems which people sold the movs because they dont want to deal with it and sold the problemwise the tenants because they dont want to deal with it. I dont know if the dbi can deal with that other than the fact we are saying you bought those. You should have known you bought that you inherited it. Next steps, do we need to vote on wree voting to adoptthe motion is adopt the proposed findings dating august 19, 2015. Is there a motion to adopt the findings . I move we adopt the findings. Is there is a second . Second. There is a motion and a second. Do a roll call vote. Public comment , sorry. Public comment on the findings my name is jerry [inaudible] when we issued a civil grand jury report on dbi and a findings is some of the dbi divisions didnt collect the fees when [inaudible] i would like taknow if that is remedyed because that is something that would address this problem. Thank you. Thank you. You have been very vaurfbed and had meetings in the past. I would make the argument we are doing a lot better. A lot better. That said, we still have outstanding issues on novs and collecting the fees. As we find out these problems i think we addressed them very speedily but if you have any other cases that say we are not Getting Better im interested in hearing them i think the [inaudible] is a solution to the problem once the data is available to the general public and it isthe old saying sun light sadis infectant is true. I think not to be negative, but ones view of acceptable isnt necessarily the same as another persons view. Progress is important, but still if we are falling way short of the goal we are still way short of the goal. Thank you thank you for your comment and to your point and th