discreti creation of a threshold illegal unit therefore the department of building inspection recommend to abate the violation the assessment costs that happened. >> that's great. >> okay. so do we need to take action. >> no, we had to pubically announce that another thing was already done. >> so before we adjourn i would like to welcome our two new commissioners to the appeals board so welcome commissioner konstin and my good friend gail thank you very much and really looking forward to having great wo work. >> (clapping.) >> thank you. >> thank you. >> thank you general public comment there's no public so item f adjournment motion to adjourn. >> move to adjourn. >> all in favor, say i. >> i. >> we're adjourned it is 914 and reconvene as the building inspection at okay good morning today is thursday, february 4, 2016, this is the regular meeting of building inspection commission please silence all electronic devices. the first item on the agendas is roll call. >> commissioner president mccarthy commissioner gilman commissioner konstin commissioner lee commissioner melgar and commissioner walker commissioner clinch is expected we have quorum item 2 prorments. >> good morning and welcome to the wednesday, february 17, 2016, bic commission if i may add read into some provments we expend a very, very welcome to our newly extended out appointed commission commissioner gilman rempresentig the housing partnership charge is known and chp and highly respected person we looks forward to working with you commission welcome also i was told this is for the first time the most of the ladies females commissioners we've had on this commission so there's a change in ties there we welcome that (laughter) and look forward to seeing how the conversation go i'd like to also recognize commissioner clinch who has arrived and many thanks to director huey and gary hard work for finalizing dbis 5 years strategic plan that document will be the road map for key goals and oufkz in insuring ongoing safety practices throughout san francisco and taking concrete stoo steps to efficiency and conferring this was delivered to the mayor's office yesterday picture something like things it senior bad actic bernie on the unstable conditions at the 256 street where a single-family home began moving as ann at an alarming rapidly rate director huey and depending upon and chow and other key personnel responder to the neighbors called and called in concern of large contacracks in the buildi structure and increasing separation between the derivatives and sidewalk director duffy as i understand the order to reflect those homes blow the street an mary lemon drive the democrlition was completed and several houses were raped by the sfpuc on january 31st experts library geotech provided important expertise while the investigation continues on the unstable situation steps are taken to improve the separation and separate and independent report if 4 properties adjacent have been completed and 3 of the bottom on mary loom drive is thank you to everyone at beginning and sf puc for working focusing effectively so well done by the staff and thank you letter was sent to director duffy from one of the neighbors that said you are and your staff deserve a heartfelt thank you for all the efforts to evaluaas iron the property owner and a big thank to depending upon that g got a letter expressing their appreciation that helped to assist they're new business and like to salute our building staff and parking issued angle updated report on the balcony collapse to the main public library last year when 6 young students from ireland air killed and at berkley mandated the specifications inspectors to prevent any repetition of the horrific situation and just recorded that 72 percent of nearly 6 thousand 1 hundred properties have responded with inspectors of nearly 2 thousand plus properties 80 percent need corrective work and have 90 days to get the permit director huey is authorized the balconies be notified to conduct similar situations with the berkley tragic we've notified 8 thousands pertaining to a total of 46 thousand property owners by the end of the fiscal year june 30th and any corrective work prevents the loss of life o so well done staff a great job in a situation like benchmarkwl deal with dbi and planning department will join supervisor tilly chang from 10:00 a.m. at grace low-hanging fruit republican church in responded to constant questions about legalization and soft story building and zoning and on the matters dbi welcomes the opportunity to to the consumers and tenants about the policies and procedure thanks to dbi staff including james and others and william strong so thank you for that and finally giung hay fat choy which anyone needs a translation happy new year the festival will take place on saturday the twolt and director huey in the this year's parade so we wish him a joyous event and staffers at the booth on saturday and sunday to answer questions including dennis and jennifer from housing and joseph and suzy and outliall from the planning department and janice from the fire department also madam secretary that concludes concludes my announcements for the february 7, 2016, bic present announcements thank you. >> thank you. any any public comment on the prouments. >> through the chair. >> want anonymonouncements. >> general public comment and commissioner walker has a comment and i'd like to join with you norway in welcoming our new commission i've known you a long time gail it is wonderful to have you we're working on really important moves forward i look forward to your input. >> thank you so much commissioner walker i look forward to learning a lot from you and i'm excited to be here. >> i am want to welcome back our commissioner mar that was e reappoint over the next couple of years that's a lot we can do together it is exciting. >> thank you, commissioner and president. >> madam secretary item 3 general public comment the bic will take matters within the matters of jurisdiction not part of agenda. >> good morning. my name is a jerry i served on the 2012, intuitively grand jury that issued the report at the building inspection since we have new commissioners i want to make the following statement the report we mentioned the 2007 dbi business reengineering study the 200 and 25 page report is one and 80 specific recommendations to improve dbi departments activists e.r. business progresses we mentioned the report recommendations can't be implemented because of the lack of adequate dbi systems it is now 9 years after the business process for is engineering study was issued the problem is not fixed babies the dbi permit tracking system has for the purpose not been replaced i've attended bic meetings our the last 3 years and the route cause in the monthly bic meetinis 9 l comprehensive dbi for the processes and the lack of departmental performance standards for those best processes without form business processes and the performance standards translation data is urban structured and difficult to analyze and report why did the bic allow this to continue a department with the a comprehensive operating policies is an uncontrolled department it is also an environment where department translations are done in an environment that creates the potential for unorganized and illegal behavior why does the bic allow this to continue the october 2015 bic meeting henry recommended the implementation be stopped because of continuing with the installation wiould be like building a house without a plan i believe that henry was saying not to buildi a system without rules to process the bic needs to recognize that dbi doesn't have a installation but the lack of business practices thank you very much. >> thank you randy director of tenderloin i realize realize i've not had the chance and been derick letting you know you might have read the newspaper about the problems with the hotels in the tenderloin the legendary cap for establishme establishment they're having electrical issues that threaten the building it was a big story and a concern with one and or 56 residents at risk what i should have said in the letter to the commission our electrical inspector ron and then and director tom huey went above and beyond the call of duty to stave the cadillac hotel if we hadn't had ron under he deserves a recommendation and if i talk about to ronnie has a lot on his plate but bus of the urgency of the situation there was a deadline and there actually had the power cut off in the building he went and helped them to facilitate all the inspections and director huey the cadillac formula was restored and no problems all is well, we only hear about the dbi employees with whether when there is a mistake or problem i believe that inspector deserves an accomodation. >> comments seeing none, we'll go to regular items. >> at this stage madam secretary commissioners this time of the year where we have to do all the reappointments so with all due respe without further ado, we have a full calendar and commission or commissions so it is okay to go forward item 4 re-election of wanting and vice president i think at this stage if we can open up to the commissioners for motions. >> commissioner president mccarthy i think your leadership is very valuable to our commission and put a great face to represent the commission so i think your leadership is very good in communication with us very well and keeping us on balance with the commission we're balanced and very appreciative to i'll appreciate of your communication communicating with all of us i want to go ahead and renominate you for 9 position of the presidency and at the same time i'd like to congratulate converge for her reappointment her job at the abatement appeals board is very good she's been very gentle with automoti lot o especially, when we know that sometimes the case that come brother us the appellant may not understand and may be wrong but you've been acceptable i appreciate that and commissioner melgar has the vice president. >> commissioner walker. >> second and second. >> (laughter). okay commissioner clinch. third and third okay. i'm beyond privileged for your kind words and gladly accept the position >> very honored thank you so much i must say i enjoy working with all of you and look forward to the commissions commissioner konstin and commissioner gilman to this whole process i feel like under the presidency commissioner president mccarthy even when we disagree on the discussions is lively and thoughtful and informed and blow all i really re appreciate that thank you. >> thank you. >> with that call the question. >> call them altogether. >> there's a motion on the floor for supervisors commissioner president mccarthy as president and commissioner melgar as vice president do a roll call vote on the motion any public comment? okay. seeing none roll call vote >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner melgar commissioner walker that motion carries unanimously congratulations to both of you. >> thank you. >> thank you. >> madam secretary in the interest of time item 5 please. discussion and possible action to appoint commissioners on the litigation subcommittee. >> at this stage my position the committee is doing an outstanding job who is on there now. >> currently yourself and commissioner walker and there is one vacant so we'll need a new additional person. >> commissioner walker would you - >> i am honored to serve on the committee and work with the department and the director and to look at the issues that vex our process and are hard to resolve so it is really a good process we have in motion i'll be honored to continue serving the past we have also included the representative from the landlord their usual the issues we deal are include both the tenants and the building ordinances or owners so i would like to suggest that commissioner konstin sit on that commission if there's a willingness. >> if there - so in the interest of time is there obviously no objection i'd like to sit on that committee if no objection i'd like to open it up for anything else that wants to sits on the committee or nominated somebody else. >> we have to do one motion at that time,. >> okay seeing and hearing none commissioner walker if no objection commissioner walker, commissioner president mccarthy and commissioner walker you want to make the final nomination. >> it's yours to appoint isn't it true or do we vote on it at the commission or i can't remember. >> john from the city attorney's office the practices the commission votes for the officers that serve on the subcommittees. >> okay. >> so if no objection then commissioner konstin, commissioner walker and commissioner president mccarthy to simply. >> that's my motion any public comment on the motion? okay seeing none, do a roll call vote to 9 appointment of commissioner walker commissioner konstin and commissioner president mccarthy to the subcommittee >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner melgar and commissioner walker okay. the that motion carries amazi unanimously item 6 discussion and possible action to appoint the commissioners on the nomination subcommittee. >> oh, currently i'm sorry on the nomination of committee are frank lee and commissioner melgar and one vacancy and commissioner lee will you take leave of this. >> i'll be willing to serve again commissioner melgar. >> yes. i would too is actually a fun committee believe it or not i'll welcome commissioner gilman to consider being in it was we had commissioner mccray on the committee he had a specific street tree interest in seeing whatever to be nominated to the different subcommittee and involved in the department working so i would - encourage and consider it didn't meet reservi regularly only when a vacancy a couple of times a year. >> it's a good way to get started. >> sure i'll be honored to serve on the nomination committee. >> i'll second that. >> okay >> okay. so there is a motion and a second for supervisor wiener commissioner lee commissioner melgar and commissioner gilman to be appointed to the subcommittee any public comment on the notation motion seeing none, roll call vote. >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner melgar and commissioner walker that motion carries unanimously item 7 discussion regarding the application to convert single room occupancy sros of the administrative code. >> thank you, madam secretary i believe for the benefit of the follow commissioners i've asked mr. bill strong to give us an introduction because there was some confusion as to this item so if you would bill please i'll appreciate it thank you. >> good morning, commissioners bill strong with the lotta's fountain earthquake affairs the item involves the housing conversion chapter four 1 a that is been in legal status for well over 20 years as i understand if over excessichief housing intersect there is a permit to convert application that has been filed that involves four or five sros hotels and possible a total of 200 and 40 or 50 units and permanent planning will be having its commission hearing on this matter which is the usual process mr. haney hears and spurs sends the results to housing rosemary and her staff ingo through the procs and denominator what are the issues but there is some type of a fee that someone would pay over the course of doing this permit conversion application and that also has not been look at in many, many years so that's basically the structure at this point and dbi didn't yet have results from planning on this application and what she referred to as an amended application to we are waiting that but as i said, i understand planning will be hearing this sometime in the near future. >> okay commissioner walker hang on. >> commissioner walker. >> first of all, can i ask the city attorney the building i live in is partially zoned as a residential hotel am i allowed to gleaning in this condominium conversion am and materially out because of my residencescy. >> john from the city attorney's office i would say nonetheless you're aware your building is one of the ones that is going through the conversion process you wouldn't be. >> thank you. >> to just a little bit bill the department's role in this we are collect the selfies; is that correct. >> i want to understand what we're - where we are. >> as i understand those fees actually go to the mayor's office of housing and part of affordability fund we may collect them we collect some many other types of fees i'll actually not aware of that specific request but as i understand our role is once planning has made its recommendations on the permit to convert housing then reviews makes some finishing touches, issues the coming oertificate o occupancy and i suppose we process the finalized issue that conversion permit. >> right and would you say how many times you've done this or. >> i'm actually not aware of anything in recent history with rosemary she's out on a medical issue right now she couldn't remember the most recent occasion i don't think we've had many the recent years. >> just a few quick questions commissioner walker. >> i think that this is a really important issue our residential hotels invent and the city provides the most affordable housing and there has helpfully been ordinances will use changes to more hotel rooms versus residential occupancy and there is a process i think the point of this conversation is really let us know the process there is a fee that is - hthat happened when planning allows this to happen as part of planning review they're the ones that actually allow this to happen and once it does the fee is $20,0 $20,000 which was set many, many years ago so i think we talk about this this is kind of one of the issues that is before us even though we wouldn't necessarily burger to change that we can certainly have an conversation and make recommendation that is probability this best overview to have a conversation start here and then maybe catch up to the physics; correct? >> as far as i know. >> randy shaw probably this more about this and okay. >> i don't mean to interrupt. >> commission and then open it up for the point of clarification how much time. >> importafor the public comm minutes. >> okay commissioner gilman and then open up for public comment you i can you can't answer those questions roadway but at the next meeting to get a report i have a different you understand thinks /*ing can we flubs the planning process sends a letter or theoretically kind of the commission we think that the conversion is either a positive thing for the neighborhood or negative i wonderland you how we enter sect with the planning process i'm curious if there is a way that planning makes decisions to challenge the decisions let you know of the decision and any authority to change the structures the day when we're looking at the housing crisis those 3 questions at the next meeting could be answered by the department or city attorney i'll appreciate that. >> commissioner melgar please. i was going to remind the commission we had plans doing other joint planning big commission hearing i think this would be a perfect on or about for that it has been you know outstanding for a lot of us but there are a couple of other issues that we tackled last time around that were left on the shelf and so it's been a year; right? >> at least. >> so great to very, veredond there is some of us have talked about talked about the in-law unit conversion to our point of you know the discussion and the understanding how it effects the building and the issues it bricks up so here on behalf of the appellant and commissioner lee and commissioner walker. >> okay. mr. shaw if you could do research what happens to the fees for the developers that they pay the city has been using to recreate replacing the sros or not i'd like to know historically. >> right. >> commissioner walker please. yeah. i really appreciate that detail that are a lot of situations right now around the conversion of housing the illegal listing of unit and follow-up programs it actually have been in effect since the last planning meeting and this along with several of the other things i see supervisor avalos staff about the process that dbi has the role in the process for all those things being planning it is time that we kind of regroup even as we're sort of stalled in the permitting system process and maybe especially because we're installstalled the proces should have that meeting we want to as part of this support with commissioner melgar said about scheduling that meeting and prioritize 2 there is a lot of issues heating up right now. >> thank you. >> thank you commissioner melgar (laughter) let me just. >> randy hallway. >> public comment. >> oh, one second any more staff on this okay. so at this point open up for public comment. >> shaw i'm really here's what is really going on not what you were told unfortunately, i want to say the option the conversion fee the last time it is 200 thousand and up three hundred thousands the reason that this needs to be here the department of building inspection administrative code and enforces the ordinance not the planning department and permit to convert are granted by the director of department of building inspection now the only reason that planning has been involved with o with one of the conversions of we meet the requirement and the fees and whatever the requirements there are is an infrastructure layer of confusi conditional use their conditional use so not a case where planning decided that here's what we'll do and dbi will continue dbi should this commission should decide first, the 6 conversions meet the criteria i don't knbelieve theyo spaush if you approve the conversion go through the planning to see if it meets the conversion that is a higher standard so what you should do at our next meeting make the decision that the director i assume will follow and whether these 6 hotels meet the definition under the ordinance i don't know if you want to get into the details you need to get the city attorney involved the spatial requirements the measure by the 6 hotels have though the benot been met they're a provision that has been used by nonprofits and now you have to pay to be sufficient to conduct a unit if you convert the hotel you have to spend 200 and 50 to $300,000 and they're planning on 20 thousand there is ample precedence i'll sends before counts next meek but this is a dbi decision not something that planning decides to the march 16 hearing decide those and if you approve the conversion then planning should decide that meets the conditional use requirements. >> it is a more any public comment? i'd like to hear more public comment and ask a few questions so don't go far mr. shaw. >> good morning. thank you pursue my name is gail and i just have one question about this sro sros are critically do you want to create more homelessness this is our responsibility and we hope and expect you to be reject this application we appreciate our time thank you. >> good morning. my name is a dan gordon i live in an sro hotel i have heard rumors any owners for the building are planning to do the same thing they're a person telling him they can do it get permits for $20,000 this is far, far from the $300,000 legally required those types of things with the responsibility of the department of building inspection not the planning commission we ask that you send it back to the department of building inspection tell them to do their job or reject it completely thank you. >> thank you you for your comments next item, please. >> good morning, commissioners david elliott louis a 31 resident of san francisco tenant advocate the extra city acholic beverage i'm on the mental health board i see affordable housing as a mental health issue we're not our stock of sro buildings are not expanding the city at all and yet they were going to provide the russian hill runoff for the working poor and the disabled a seniors and mentally ill those 6 buildings those are part of valuable stock and to allow them to be removed to basically through a loophole and then not even adequately replacement 20 thousand per units this is wrong as randy shaw mentioned you do have the power to make that decision not today in march i hope you'll consider the needs of poor and consider the needs of the disfranchised and the most vulnerable in the city and protect the small stockbrok of thank you for your time and consideration. >> at tthank you for your coms next item, please. >> senior citizen that local 2 local union many of the members 13 thousands of members live in the neighborhood and many live in the tenderloin including did sro hoeltsdz as research more affordable housing the commission is insuring that housing the city a habitable for its couldn't and mentioned the administrative code 41 a very key thing for the residents of san francisco as you've heard and i know you've heard and mentioned through the commission is that rent-controll rent-controlled unit is a finite supply that will never be more rent-controlled housing it finite and non-recoverable so as one of the city's most vulnerable resources and every time an sro unit that is built before 79 is remembered by a newly xrconducted it is a permanent loss on geary and fourth street and bush and sutter collectively are going to convert either report 200 and 38 rooms as far as i understand to rent-controlled in one scokwup owe removes 42 percent that is subject to returning we ask to you look at the impacts on the city and again, i'm pleased to hear hesitathis a concern for yl have you as well. >> thank you for your comments next item, please. >> hello, i'm freddie martin representing the human rights committee of san francisco and also a native san franciscan i live in affordable housing housing rights committee officially opposes converting one unit to tourist use and that sro buildings are a very important part of san francisco stock. >> thank you for your comments next item, please. >> hello, i'm depa and you're aware the tenants union opposes any conversion of rent-controlled units to tourist use and sros are important they've - when people are pushed out of the sros before working at the san francisco i worked on the acholic beverage with many of my clients were sro tenants those people really, really need to be protected folks that should not think owners the unit should not be recorded for harassment thank you. >> next speaker, please. >> thank you for your comments. >> i'm stephen tense i think the reason we're here is because of the 6 owners are here they're all agabout greedy i dot take away mother-in-laws right to make profit but when you have 6 poem that think they can get away with spending $20,000 per unit the cost is $300,000 i don't know what universe those people live 2, 3, 4 in the realty sros are again, a limited stock i live in one and there's no way that 20 thousand a unit will be built in san francisco okay. this is ridiculous on the face when these two hundred and 44 or so units their to be built they have to be replaced at maufrt market-rate and divorces are not theirs below grade this is the only good thing stooiras far as concerned, they're affordable i'm retired and can't afford a lot but thousands of people that needs this in san francisco police commission the same situation don't take away the little housing stock this is a standard to begin with that is ridiculous. >> thank you for your comments next item, please. >> good morning commission my name is brenda washington a tenant organizer for the sro acholic beverage sros are very critical for reasons already shared with you and anguish yourselves they're so many homeless people are rode suffering and getting this will push them further back like my friend david mental illness is automatic because they were so close to getting the spot and then didn't get it so all i ask that save the sros don't allow the hotel conversions because their straight greed so stop feeding the greedy and help the needy thank you. >> thank you. >> next speaker, please. >> thank you. >> good morning, everybody. i'm community organizer with the tenderloin development corporation i stand in solidarity with everyone on the panel to reject the application and keep the sro hotels sro hotels it is bad enough that there's a universal trend happening in san francisco and to let's be the best city we are and take a step thank you. >> appreciate our comments more public comments? i see none public comment is closed. commissioner walker you want to start go ahead >> yes. thank you all for coming i would like some clarification from our city attorney as to the jurisdictional issue brought up around our department noumber oe whether the director actually approves the requirement if we have that capability at dbi and also then what our commission jurisdiction is in those matters of converting residential hotels rooms to tourist hotel rooms. >> john from the city attorney's office we're talking about the administrative code section or chapter four 1 the residential hotel conversion fee the determination or the decision to allow or deny a conversion is something that is done by the director similar to a if you think of it a building permit or site permit the process is set up it spells out the hearing notice for the application materials the directors decision whether it is to allow the conversion or deny the conversion is appeal able to the appeals board and the building inspection has to roll other than as the policy body that can provide input to the director but hayou have no dire authority to say one way are the other whether the directors decision is you support it or you reject or discourage that decision there is also, if you are going to do a conversion a process that is sit up the administrative code that creates a price structure for the conversion so there's not a i just looked at the quickly not that necessarily a set price tour trying to achieve i think something like 80 percent of cost to create the equivalent units someplace else whatever the conversion that is being made you would look at the current economic situation the financial situation and communication costs index those kinds of things and value it then so perhaps would have been the cost in 19 or so when this was first adopted and the cost 0 would be different and commissioner melgar. >> city attorney so when you do union you'll value who's the you put a monetary value and how much to represelace that unit ie market. >> if you need time on that we can - >> i'm sorry, i still don't understand the procedural mechanism if this is the case. >> yeah. mr. shaw please. the deadly weapons does a explanation not 80 percent of the acquisition the last time a formula the conversions sorry they're using a different method of conversion not offering to pay into the fund when they did the chair farrell i didn't hotel in 2011 on van ness and geary it create cost was 200 thousand the department of real estate anyone none of the hotels before us are offering a fee but they should have an assessment by the department of real estate of what that cost would be because that is the real the in lieu of is the communicatinstru they'll construct without fees but the amount it based on the amount of the fee so the department of real estate should do a survey that is all specified the ordinance by $200,000 in 2011. >> okay. i've got one question commissioners does that answer your question commissioner melgar ought not quite i'll wait i just wanted to make a note that when the construction was in 2013, the landlord costs of 1 plus 20 units we spent over $450,000 it is. >> that's 2011 and things are more expensive. >> we know that construction costs and field costs and other things have gone up i guess one question for the city attorney could we make the request for the department of real estate to assess the value to rebuild my understanding from mr. shaw that assessment will still pay the fee and costing per united cost of the eventual is so can we make a request for an update to the fee structure. >> john from the city attorney's office i'm looking at this quibble who someone want to convert the ordinance provides them with 5 different options on how they want to build out i don't know anything about the current proposal i don't know if it is submitted or pending it sounds like the one that mr. shaw is referring in terms of the request is the first thing you'll construct replacement units the other one we have been discussing is is a paint process the payment process has and i think randy describit properly set up at the department of real estate would produce whatever that number is that will be 80 percent of the cost of communication of an equal number of impartial unit with the ulati acquisition costs so nicole the director of the dbi can certainly request assistance from any department i think that department of real estate would be an option sincerely the mayor's office of housing there's other departmental resources that that will be available to try to understand eventual costs and how to measure with whether it is appropriate or not audience commissioner walker i mean we have a question after that so this is very interesting by the way, this is to you director it is a pretty large responsibility in our seat because ultimately you say yes or no at the beginning of this process so my question to you what criteria do you use in volley ball those applications to take off to remove volunteering rooms and make them transient is that your decision at the beginning. >> it really isn't. >> i'm asking him. >> thank you. >> my seat is hot; right? everybody looking. >> first of all, i would like to study it a little bit more first of all, the communication cost is our job and other department to chime in to help us to - when i hear the price is low one of the issues what we want to do is there a process i want to relook at it and make sure it is properly documents and go through the process and include the cost of communicaticonstruction because this is an old replacement and then how to do it we may come up with temporary you know information sheet first and then administration to change the code. >> i have a followup. >> okay. >> just i mean it - what comes before you in this process are there any other things you evaluate do you evaluate taking rent-controlled units off the market if there - i mean what you you supposed to look at going forward. >> first of all, i lived in an sro for two years i know how they feel first of all, you need to look at the housing stock because this is the you know in san francisco the sro unit to helping all the you know the people you know you don't want homeless out there just like we call the legalizing the other thing i don't want to push people to protect the tenants and owner you know we are not doing one side only we try to help them that's why give me time i'll study to see how the process in improving what we planning and also real estate and others and including randy to do it the right way because their three or four in planning and we you know make sure they properly document everything that deals with the price i hear the replacement is too low and - >> and commissioner walker i think to 9 directors credit i think we're all trying to figure this out it is new as the director and it was news to me this morning that actually falls under the directors my understanding was we were basically a fee clerk and efrlgs was at the planning stage now we're far there from that to the evaluation part let me ask and leg i'll let you - this was set up for the 1980s in my understanding meaning this would be seoul for nonprofit opening statements to do changes to hotels for nonprofit like improving the sros and . >> here's the thing not like commissioner walker not like we're there are no evidence to a judge you have to use the department of real estate numbers that is what the ordinance says i think that commissioner gilman is right dbi should request the department of real estate every time an option ub used the history of ordinance by nonprofit the whole thing with the dip project you had a tore down helt thotel and rebuilt th section housing all the research has been done you don't have to do it again, i have the file from 1982 they made it clear and the developer agreed the amount to replace is the same as the in lui - planning tales with it is a case that is dbis ordinance the director needs to instruct the department of real estate and report back to the applicant here's other cost and see if they want to proceed and have a hearing. >> is that before planning. >> it shouldn't go to planning what happened local 2 went to the board of supervisors and said we want to make all hotel conversions that was separated from the ordinance we completely agree with the charley hotel it went to the conditional use but the department rejects the application then why have a hearing on a conditional use to be heard. >> okay. all right. >> but that's why i say that the department needs more information i don't know from the department of real estate can do that analysis in time for the next meeting that is what needs to happen sellcertain procedures. >> commissioner walker. >> this is an important issue i think that it is a good idea to come back to us just to update us as to what the process is if indeed we have the ability to evaluate things before they go forward i think it is important to because this is probably just one of the issues that needs to be yugd or updated to reflect current situations here cost wise as well as process. >> commissioner melgar. >> so i understood from city attorney john we don't have the authority to change the criteria that are the administrative code or we disagree but correct me if i am wrong but i think that is our responsibility to as a policy make sure that a director is looking at everything the criteria applied properly before making a decision we can say to him the world has changed since 1982 you must go back to the department of real estate to get a market assessment and other things as well before you precede in you know making a decision on those applications john from the city attorney's office a few things i didn't what i was and maybe i should clarify before the building inspection commission can't not the decision maker in terms of thor or denying a conversion you certainly as matter of input, communicatnsensus could r advice of a good approach for the director to take you also can explore ideas about might have ing the administrative code and having legislation either control from the department or come from a supervisor that would amend the provisions of this ordinance that you feel as a body are not appropriate so for example, quickly there's a provocation onion relocation assistance so if the conversion go forward and somewhat the tenants in the sros will be displaced that provision the ordinance was written in 1990 and provides for a maximum relocation benefit that that the converter needs to pay the tenants for $300 for moving expenses for example, that didn't jive with the 2006 numbers for what it might cost for the relocation that could be something that the commission urges the board member or individually to work with the director to modify the provisions of the administrative code but that would be a zoning administrative process. >> okay commissioner walker. >> i'd like to have more information brought back to us regarding the current process the evaluation, using whatever means you he had on a to start of confusion to make recommendation to update this code i think that it is important and it's urgent for the situation right now happening so i think i'd like to be able to advise on that and so if we could get for information at the next meeting open this issue with staff recommendatio recommendations that would be great that would be helpful. >> i second that what i've leon i was fortunate my understanding was we had a lot less rules than what i'm hearing today, i see matter of fact we have the joggmajor role and glar the public comment and the director you and i we were boss knowing the bigger role a few concerning points the sro you know almost 8 years the soma pack you learned other sros how for the housing stock is and people and their lifestyles to the city the statistic that came cross 2 percent of housing stock is gone like that i mean, the time we're in i can't believe that's a possibility without the board of supervisors naefrdz in other words, to housing and affordability and the city so something like that this has to be looked at objective i'm heari hearing the decoration we can on removed if the leisure we can acknowledge recommend and asked the director to you know implement certain policies that need to be updated i think that is something we should set the high authority by the next meeting and i'm presuming the full commission will want to weigh in on that and give us a clear signal thank you, everyone for coming out it is hard to put those kinds of meetings and the commission said those meetings on the calendar is important we do meet as commissions to need them there and needs more information for the future so when we have our situations we really that would be helpful to get more information and today, we did this an, an emergency basis because it was requested by the commissioners to with that, i would lee to recommend we bring this back to the next commission meeting with a more comprehensive detailed our options as the department and from the director for the next steps particularly on the permit in front of the you with regards to the 200 and 38 odd units. >> thank you commissioner president mccarthy we're going to update the next meeting i quaican't guarantee tt some of the information from the other departments and reform the planning for the process for the hearing and recommend them to until we create our process and then in the meanwhile the timeframe to update the building code and - >> what i think you - we'll do rather than giving next time came ba come back to us and say i'm investigating but i know i can do x that's the kind of approach to take and obviously a lot of the stuff is a lot bigger than can be gotten in a month commissioner melgar. >> and the guarantee you'll not make the decision all of these things things are in. >> commission. >> is that a procedural question this is heard on miracle 13 for the conditional use permit i got an e-mail from the community correct me if i am wrong but the planning to ask them to postpone the meeting until we do our due diligence i don't know if we have ever done that but maybe postpone it. >> we need planning at the next meeting commissioner walker. >> if he holds an approval pend some research and review they can't say hear it i don't think it didn't get sent to them until you approve it. >> commission. >> this will be to our advisory john would it be planning counsel that is our jurisdiction first before going to planning i mean, the dbis jurisdiction. >> john from the city attorney's office i'm not seeing anything the code that i don't have the planning code with me that says which one has to come first, what randy shaw indicated does seem to be the way the events should unfold the planning commission it doesn't make sense for them tool take action to issue or consider a conditional use to allow the conversion to a different use until the department of building inspection has made the initial determination that if so appropriate and then a whole field process from the directors decisions to the brothers-in-law to it seems to me that that entire process needs to play itself out. >> i think like some of the commissioners have suggested ynlt have the direct go to the planning commission and explain giving the department an opportunity to review the application. >> commissioner walker please. can the city attorney advise the planning commission. >> (laughter). >> it's a question. >> the city attorney could do that we need a client that with that speaks with a single voice to ask us to do that the commission doesn't have the action item. >> but the director could. >> certainly. >> so maybe the director can go follow-up your letter of advisement. >> i think the director has clear directions so - (laughter) i really think he knows what the next steps are not his first rodeo we've talked about this and have b it back good conversation and that's correct for brought to your attention premiering i'm not supposed to public comment is closed but a question. >> okay please introduce your name i'll answer your question. >> sure just one moment. >> okay move to reopen public comment. >> second thank you. >> i apologize. >> city attorney and cindy going messes if local 2 i wanted to include one hundred and 50 words or so less i'm pga that on and i'll be remiss if i didn't issue an important clarification a microword what i said 2 percent of the city's rather should be the 2 percent that is represents the loss the loss of the residential hotel housing stock to rent-controlled unit not necessarily the desire city's housing stock for rent-controlled unit and remiss that was not my comment. >> 2 percent of residential hotel stock. >> right not the desirentire cy stock of the dbis own records of residential hotels it is 2 percent of those thank you it thank you for the opportunity. >> thank you for pointing out that out statistical those are the types of things are important with that, i'm public comment is closed. again and we are now back on to the next item. >> item 8 discussion and possible action regarding a proposed ordinance board of supervisors file amending the planning code to require the conditional use authorization for the removal of any residential unit whether legal or legally for the residential messenger and amending the building code for the violations of monitoring the violation of an illegal unit or the planning commission approving the continued item. >> go ahead. >> good morning commissioner president mccarthy and commissioners jerry aleclegisla aid to supervisor avalos unfortunately, the hearing thank you for again considering the ordinance we submitted a memo sdreb our planned amendments last friday and i'm paugs out a slight update and so i don't think we have a preference he can go to the memo and describe the process since the last hearing last month or verbally describe it. >> just the updated version that would be helpf that would be great. >> the file number changes on the file at the land use committee the ordinance was duplicated and the other than file to the c-3 zoning voted on the first reading of the board of supervisors on february 9th the urgency is supervisor kim interim controls over and over on the c-3 area are set to expire and we said to marke sur those are in place before displacement happens and now the new file which will be heard on february 22nd at the land use hearing and so subsequent conversation over the we understand yesterday supervisor avalos made one change updated here in number 3 on the second page and we're now proposing to delete the section that will require for the unabated in relation anotice of violation s the rest is identical to our packet i'll be happy to answer any questions you may have. >> and appreciate all the feedback from the code vissidin and that committee la month those promoted amendments will make it a stronger piece of go legislation. >> any commissioners? commissioner walker >> so has our code compliaenft group looked this may be an update bill - >> williams. >> yeah. we went to the code advisory committee and one about a week or two ago. >> perfect. >> right the code advisory committee said they spoke about that the secretary to the cac can quickly update you. >> kirk dbi technical services the cac people. >> code advisory committee we decided and come ame up with recommendations from the planning legislation that was before us yesterday and so we're not sure exactly what the new legislation has changed from that pointed hopefully integrated some of the suggestions that the supervisors made by know from a staffing point this may have been addressed in the legislation but this is dbi staff is there's roughly irone and 80 it's my understanding roughly violations the process for that will be affected by the units there was going back and changing all those violations for i know sometimes i don't know how old those notice of violations are but going back and changing them and start the process and dump that into planning a droawn out process i problematic from dbis stand point commissioner walker please. i believe they deleted that; correct? they deleted the reonions of those pending novs. >> yes. that's correct the yu79d memo on the ordinance i pass out will delete that ordinance of issue of notice of violation. >> and the single-family homes were recommended. >> yes. that is incorporated and the single-family homes that are demonstratively unafford will be exempt from the conditional use process. >> commissioner walker point that the hardship part we have people that can't financing afford can you talk about how to address that. >> absolutely there is an amendment 6 in the planning code portion so we'll be as part of planning commission review would review if this - the removal of a unit constitutes a hardship if there were no city funds available and you know we discuss the plans to establish two different city plans for evaluates for low income homeowners with 20 percent of ami and the enforcement not an income reflective funds that helps with that and owe building the amendment noumber one i thik gets toward the affordability this was based on the feedback from the enforcement committee before we set a conditional use processed we want dbi to do a screening to see if there's a path for legalization and consistent with commissioner crews before someone go through is that to see how possible it is to legalize the units so hope that answers your question about the financial impacts. >> commissioner melgar. >> i had a couple of questions about i see the note that the - it is provided to us that supervisor wiener introduced to codify the specifics of the program and that that didn't require the civilization of the owners income how is that possible co-hallwow can you hav looking hardship and not. >> i think that is, i think basically two different funds we are discussing the housing stabilization pro-program part of charter amendment that codifies that is on this available for property owners up income and the code enforcement that is something that your department has set money aside for that matching the resolving loan funds for the property owners to deal with the land use issues across the board the idea that will be you know resolving loan fund that property owners will receive the loan and pay that book into the fund and i think that the idea that will be open to all pertains regardless of income, of course, the policy decision that will be up to the supervisors and finalize the legislation and, of course, you know look to your commission for compu input a portion dedicated for the low income or flexible i understood from conversations that supervisor wiener's that the funded will not be protect controlled to make it for flexible and easier to apply for a loan not granting money to the property owners. >> so then you're saying this is stuff that maybe available not mandate by this legislation and that's right yeah, but the planning commission consideration of financial hardship at the legislation is drafted is that consideration will be bans if you know from the funds were expired or no fund available to the property owners as a property owner looking at to remove a unit if they have a financial hardship they'll be directed to the fund and that will be in consideration that fund was not available to them they had you know loans or property owner that will be something that the commission will consider whether or not this is a hardship. >> thank you. >> commissioner walker. >> i think the details of that fund i think they're talking about a staged approach to accommodate different needs so some could be grant under certain conditions those are details to be worked out and the mayor's office of housing we all can probably weigh in on that how we prioritize that fund. >> okay. >> just a path where we stand in the path the next steps. >> so the ordinance was continued to the next land use commission on february 2, '23 meeting will be planning to make the amendments and then you know uninsure if those amendments will need a additional continuance or supervisors have additional comments or amendments there could be continued to a future land use or the board of supervisors and welcome any other feedback from you all about any outstanding issues or any on the suggestions. >> thank you. >> 90 no more open up for public comment. >> public comment on item 8. >> seeing none, hang on one second there is yeah. >> can we make a motion. >> wait we have someone coming down. >> i don't see anybody store. >> i'm charlie goss working on is san francisco apartment association this is happy been continued twice before it was given an updated recommendation by your code advisory committee and asked for 4 amendments to be made the legislation has not been circulated to us we've not seen the latest verse but two the original amendment has to do with with retroactive we appreciate but does go as far as your cac has suiciasked we on t legislation is problematic for a number of reasons one of the things it does it sets up a framework where you can report an in-law unit for whatever reap because that someone took our parking space on the street and the housing inspector will issue an nov and by sends a reprimaan complaint you sent a one and $50 bill the types of the people that own those single-family home are the illegal units can't pay infofor that that is niece talk about sources of funding and grant programs and loan programs and that sort of thing nothing is the legislation nun is guaranteed i crushed the numbers but at 19th street and $50,000 to legalize the units i think the amount of money will legalize 45 units we have thirty thousand units in the city this legislation i believe will incentivizes people not to rent out their units your mandating and providing fraction for the people that will rat on the neighbors the illegal units are a source of natural affordable housing their cheaper and if people lieave the units off the market excuse me. you know that's a source of hesitant housing so we need to intere consider that when the city mandates the work usually there's a timeline i have a year or two years to get our engineering and permits to get our plans and then 3 years to do the work or 4 years and i went from the schematic retroactively this work at one hundred and $50,000 to legalize is vuventd to $15,000 a unit to seismic retroactive this didn't center a timeline not permits didn't give you you any sort of leeway to finance the work you have to do it and those are people that can't afford it. >> thank you is there any additional public comment? >> san francisco apartment association i'm charging lists coworker i'll not go into anything he's said but a process issue i think at stake this legislation was amended last time we have not seen it can't comment there is jurisdictional relationships between planning and dbi and yet conflicting relationships that are shift of your work over to the planning department which ultimately our policy goal is the same to maintain those units the best possible life safety affordability for tenants but we cannot like willie nil do those important policy decisions without having the updated legislation in front of us we've not seen our code advisory committee gave you guys a negative recommendation and going to be amendments on monday at the land use committee i suggest you guys look at this again at another hearing this is important we spent last year talking about supervisor david chiu in-law units and now this overlays what we spent last year doing with none having a chance to let that legislation work it is not only single-family homes a lot of my multi united business owne building eros owners can legalize the existing units this is going to be great housing la jolla affordable housing housing but not mess up that opportunity we're right on the verge of doing it if we don't spend the proper amount of timo looking at this and acknowledging the important process and the power jurisdiction you guys have over this so thank you. >> thank you. >> next speaker >> i see nun. >> public comment is closed. now. >> commissioner walker no. >> i want to commend the supervisors office for at least deali dealing with some of the issues i came to the land use commission meeting i think the issues chave been brought up by the corrode advisory teams and representatives are true we already have a complicated process going on that is not fully understood i too would like to see more detail on the money part i think that certainly from conversation we've had on the compilation we're interested in dpo doing what we can to encourage the legal shuns i encourage mandating it as long as we make that possible i like to see the code advisory go up go over the amendments and more amendments going forward to hear those to apply to make sure we do this right so i would probable be supportive of continuing it again waiting for those things to catch up a and is that a motion. >> that's a motion. >> second. >> there is a motion and a second to continue the item roll call vote on that motion? >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner melgar commissioner walker okay that motion carries unanimously on to item 9 discussion and possible action regarding the proposed ordinance for the board of supervisors file amending the brad to require that one the facade of certain buildings having 5 or more units having inspection and the section reports be recorded to the department of building inspection with the reporting schedule circumstances and in addition to other retirements or regulations. >> a that have the order madam secretary do you want to include 10 as well. >> also addressing item 10 earthquake drills in city hall. >> thank you commissioner president mccarthy and a warm welcome to the new commissioners great work you're doing i wanted to take the opportunity two items before you one will be up to you to make recommendations for that legislation one a more informational exercise talking about the earthquake inspection briefly to give you a couple of earthquake updates on the safety program we received a national award for having a projegram wi significant community benefits this is soft story program enjoys a 99.9 percent compliance rate to give you numbers this bit over 5 thousand soft story buildings we deem dangerous those will be retrofitted by 2020 this is made up of housing stock your familiar that the buildings can fall done the structure is not subject to rent control that will impact one and 20 thousand san franciscans in protective housing will remain there during construction after an earthquake and after a couple of things highlights we have one thousand projects ahead of schedule we want to give dbi a kudos many (calling names) there is more transparency in this seismic ordinance than any seismic program so it is great to see the numbers we've done in some of the legislation marietta have seen we worked with the tenant for the hardship so tenants can afford the pathway through there is a framework that is working well with our contacts and passed legislation which in turn created the parking lots for people not able to park in their parking spaces during construction that is you're aware of a retrofit fair it is a great success 3 thousand people of the public and many vendors we'll do that think april 18th and we're going to focus on financing we may be seated with the community and heard people are concerned about the right contractors and engineers so the city launched the fence program one and $90 million and this will be featured at the earthquake retrofit center $2,700 of rebates we have people to help with the process and another quick update quickly the private school evaluation program that is launched 100 percent compliance very excited about that so one and 7 schools that educate our kids will be retrofitted and the 100 percent compliance is very encouraging so the actual item i'm here to talk about is the facade ordinance it is important to get context the building code requires in chapter 34 people maintain their buildings in safe condition we don't have the framework this is what that owners seeks to do this is angle evaluation and inspector so it is important to point out that the beginning 2, 3, 4 is actually recommend from the structural engineering association the 90s at the looked at the effects of the salt air on the exteriors the buildings and so from there they made released we should do that and start to give deputy the proje t program with the earthquake implementation program so starting negative impact 2013 we put together. >> working group and building owners and facade experts and structural engineers and community leaders and labor we have local 3 bricklayers and support it a good consensus group that hesitate buildings 1, 2, 3, 4 construction more than 5 stories in height will be required to do an evaluation to a standard every 10 years and submit that to say the department of building inspection many owners do this because we're going to you think if i it and put it under a framework it a greater certainty we're looking at the issues the issue this so he feels is two-fold pedestrian safety i permanent had to go to the dbi with clients h that that materil fall off of the building we think about protecting our pedestrians day to d pedestrians. >> (repeated.) >> the constitution of the united states. but after earthquake the japan earthquake go and know those facades will be a ton of facade materials and you saw the retrofits building we saw this and putting a maintenance in place gives framework to make sure we are addressing the issues the only thing all to discuss receas well as the framework the code committee unanimously approved it but amended it for more retrofitting we looked at the timelines and i'd like to show you those now up here the typography here is the timelines were developed belittles working group and votes on at the cac and as you can see in working with the department and discussion with director huey this is the preference timetable to the building inspection sums they're getting a lot of framework and new rules and requirements and programs this ordinance certainly gives me the department the ability to charge fees and with the definition with the department we've noticed this is seems like a good timeline but i'll i turn this over to director huey if we has comments. >> before we go that commissioner clinch has a comment the handout is 2021 but reduce the which one is the cac remdz and the one in our handout. >> yeah. the for aggressive. >> >> that was the cac. >> okay. >> director do you want to weigh in on this. >> yeah good morning commission first of all, after the initially the timeliframe i agr and the cac get, you know, chance to because the right now ve we have so much work depending on which story but actually, we are expecting tons of work for soft story we only have 20 percent compliance for the next year but we've completed the tier one withholdi100 percent b and 3 is the major ones those are only 80 percent compliance the code compliant part is my word we need to push the homeowners the concern is we can't find engineer but push that part and the contractor and you know educate them to do their work most off the times and other owners so from on the privately when your 100 percent by behind the story when we get the report thirty of them is incomplete we go after the owner to make sure their ply and that job is downey deposit with you know in service we're 100 percent now it good but a lot of the works behind the closed-door that's what my concern i've talked with patrick and commissioner president mccarthy but the timeframe is close to us and it must be successfully so that's what i want to ask the commission to change the timeframe we agreed on before for years i had roughly we have 4 thousand buildings that can, effected really looked at those buildings eventual code compliant aenforc the report how the jobs. >> just on the timeframe i'm a little bit confused 2018 is okay. >> no 2020 at department is requesting a 2025. >> the working group was pagsz about this i think that's why the cac voted in approval but the department should be considered as well. >> i gather you said two benefits from legislation but the third can be mentions the balconies which commissioner president mccarthy men's at the beginning so i think this is that's probable where they're most ugly or urgent motivation comes from is any thinking. >> just so clarify this is would the balconies of 5 stories or greater we did a good job and it is really anything on the exterior building that can fall off. >> commissioner walker please. i think that i would take the advisement of the director 0, however, i wonder if there's a wh way to incentivize it quickly or quicker. >> but rather than give a deadline that is reasonable but encourage more up front here on behalf of the appellant. >> just a quick question pat like probably commissioner clinch knows when i say this but do we need a involuntarily engineer for some of the work i remember i don't know whatever program we downsized but i think that is a real problem to get an engineer out and scheduled. >> is a bit of ever industry talking about what a qualified inspector someone with experience repealing off a building inspection not our typical engineer we're lucky, in fact, we can leap buildings in a single bound (laughter). >> in reality we're lucky to have a plethora of buildings the validity to handle the $4,000 building is not a concern. >> not a concern okay commissioner lee. >> could you speak a little bit about the exceptions i don't understand you said material courts. >> yeah. that is a bet of a xhufks one we have a lot of believes in san francisco that have large lightwells open to the sky and the building is now a cafe it may have a covering but the element may have been imploded to the salt because of the people congregating we put language in there not unoccupied space but only when people are down tell you. >> just a lightwell not requiring inspection. >> commissioner clinch. >> i have two other things a reference to the administrative blood sugar level. >> it reviewed by the working group right now our working group has been meeting approximately 2 months and will be meeting the mexinext 6 month >> do you have the document with you. >> i don't have but i'll be happy to to give you copies. >> of course the the devil is in the details i mean we're all in favor of that and so i'll be interested in a visible reproduction or non-distributive 12 of testing. >> further amended in the blood sugar level trying to take competitions and some inspection from a prospective your pushed the here on behalf of the appellant us with the fog and salt air is real issues we've done a few things from the east coast we're giving people 5 or 10 years for the inspection this has structural testing we're trying to're talking about the home shari high-rise so only fire extinguisher right arm and things like that. >> right now no plans in place. >> that's correct. >> wow. >> that is what this ordinance seeks to do. >> many of them have their own engineer. >> people that can afford commissioner clinch and stipulate (laughter) any more comments we'll go to 9 or 10 and finish with the presentation. >> yes. sorry. >> back to your initials presentation so you said i just want to ask questions what is the who is doing the underwriting. >> for soft story. >> we went through a competitive bid and so they're doing this through the pace program the way that the property owner gets the money they get it through the property takes over 3 years. >> okay. great. >> do you want to talk about. >> i'll be fine if you want to take a motion before we move it is sort of unrelated. >> sort of okay understood. >> commissioner walker. >> move to approve. >> congratulations on our xhmentz and a good job you and your staff do on the success rates so. >> second. >> so we need to add and suggest that balconies are inspected. >> that was covered. >> so maybe clarify any motion move to approve with the amended timeline. >> yeah. great. >> the 20 or 21 whatever. >> call the question. >> there is a motion and a second to approve it with the amended timeline any public comment on this item? >> morning ken cleveland representing the managers association a lot of two years ago patrick can our our organization and said we need to do a inspector he did so and worked with us we sat down with the building historic committee and the owners that have facades that need to be maintained and inspected and we worked together collaboratively on that ordinance we support it thank you. >> thank you for coming and supporting it today. >> president and supervisors i'm steve i'm representing for b.a. c bricklayers and a delegate with 9 building trades an sound-proofed inspector of northern california and i just want to suppress as patrick said i know the ordinances is the recommendation and observation but when it follows through and i know follow through the sound-proofed educated and professional worker doing the, on the buildings as far as the installation and taking down the materials and masonry very important the city thank you. >> thank you, thank you for your comments. >> is there any additional public comment? >> seeing none, seeing none, roll call vote on the motion. >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner melgar and commissioner walker okay that motion carries unanimous unanimously. >> item 10. >> okay. >> commissioners be on this microphone. >> oh, let me - >> is it working. >> i'd like to present the fbd the actual report from the post earthquake we it in city hall in conjunction with the public works and the city administrator's office many are familiar with the great shack out in october we get 8 hundred of the closest friends i have the building vacant we don't let the opportunity go the city administrator's a ton of credit in managing the evasion drill but worked in the last three or four years they worked with the maybe so to do a chair evacuate drill and last year an actual shooter drill the first time the pd and others and the legislation let's do a post reconciliati excavation it would be dpw but for the sake it could be a building anywhere in san francisco we started with myself and others from the city administrator's and others from the public works we got here early on the 34 floor of city hall we sorry i realized any scene - palace signs that looked this the inspectors had advantages and floor plans and earlier marked places of damage but many wasn't the intent it was to see what kind of tools the reality we'll have a major earthquake and the respond robs too important we had a briefly but not giving the inspectors we wanted to keep them the dark they do a fantastic job the 4 inspectors were serious and emigrate 100 percent to accomplish to find the damage we used two tools with the protocol that is the industry standard for post earthquake inspectors and gives us that mask red and yellow and green tag buildings we have another tool the puc developed for rim fire a tablet based tool so they respond to the rim fire and there was pictures up looked like many you, you may not realize remaintained the rate so it was due to the great evidence we documented so we gave the inspectors inform tools only paper and the sf photo tablet as we suspended many of them were not sufficient the paper form should be there we can't don't think technology but we can do this more efficiently with the right technology in my opinion the photo is great for documented but the inspectors said to put substantive notes on a tab lightwell takes more time so at the end of the day less work on the back ends we're seeing this is working together but neither worked so this is the picture of inspector team and basically two remains the first one was let's fix this problem within the paper and application to dpw are taking the lead and partnered with the mayor's office and the inspir inspiresship we'll get a startup co company to help dpw develop the plan the next 6 months it is a great recommendation the other major helrecommendati all the field inspectors into through entertaining the next 12 months we did this on staff time this can be done an arrest warrant on a shoe string so that's the other recommendations thank you i'll be happy to answer any questions you may have. >> the inspectors i choose to do this high side you come to that conclusion. >> they were in the department. >> i think that is a very interesting program there's a lot of i like we're through the doing outside bodies but the fact that you can turn around in 6 months it is amazing would do this and no cost to us on that either; correct? >> ; correct. >> pretty impressive usually the other way around so that's really good and is this a secret. >> not another one planned but really looking for bic to help give the charge to the department to get the resources and get this done we're happy to provide the sport. >> on a scale of one to 10 how ready are we. >> you want me to answer on the record we're unprepared but the do the right thing when you look at earthquake safety you have to take small bits at the large apple we're not ready we have aging centinfrastructure and hog stock people that barley can afford to hang on and people are relocated wlook at what happens in new zealand we have a very real problem and make light of that but serious owners and much more aggressive policies that need to come down the pique. >> thank you thank you for all your hard work. >> thank you, commissioner. >> item 11 sorry any public comment on item 10. >> item 11 grudiscussion and possible action regarding the proposed action for the board of supervisors file amending the building code for any existing building with the public conformations to have primary entrances and paths of travel acceptable by this disability or a determination of equivalent batt abilities are unreasonable hardship for the compliance unit within 9 department of building inspection and in addition to other reminders and regulations. >> okay. >> we're here good morning, supervisors. >> good morning, commissioners thank you for having this item he said to present this legislation for the ada improvements we're trying to created a citywide program in san francisco and i just talked to you about the background and this is potentially the right solution for us here back before i became a supervisor i worked with small businesses trying to talk about the aids and regarding drive by illustrates and another prospective we want to make sure that everyone is able to sees the businesses they want to and provided equal services after years of trying to do outreach and education, providing funds for free cast inspections we nodded that a month behind the citywide program people will not pay attention to a lawsuit are so we went to work fork 2 or 2 and a half years trying to figure out what the resolution citywide everyone is aware of their obligations and not making is onerous possibeople can't do we don't want to put businesses out of business in san francisco what we did we came up with an idea avenoff the program create different categories for different types of buildings and had tiers for timeline for compliance and what we did we break down the city into 4 categories one is that you, you are a have a building with a primary entrance it is steve richie in compliance so generally speaking no issues the second category no steps the entrance unto perhaps one barrier to the industry and the 3rd category you have one step and, of course, one or more elements that has a barrier and the fourth category you have more than one step and other elements so essentially we broke down into the 4 categories and if you look at page i belive sorry. >> page 17 of the legislation you'll see the timeline and for example, for educate one buildings you will need to submit a balanced check list and the step back step file an application for a implementing if you need those and third-world you'll actually have to obtain the required building permit and notice the chart we don't see that you have to complete the construction by a certain timeline that is again in a way to show you that the business or property owner and we wrote into the legislation the onerous on the property owner you should be aware of ada or state law but here's what the city requires this is submitting a check list and filing an application and ref the building permit so that's again, we discussed in so many ways to break down the categories of buildings we felt this was i guess the best and feasible way to do so there are a couple of changes we will be making to the legislation as well i'll go into that detail in a bits but one important aspect of this legislation is that we're empowering the appeals commission to do more i'm excited because up until now the sf appraisals commission i'll say we're getting the responsibility to making sdeshgsz or detector on feasibility with age amendment to make an determination befoab unreasonable hardship and lands details into the department processes having the ability for the appeals commission to make the determinations will provide property owners and simon's to say hey look ami i've tried and some things we can't do so official documents from the city that shows they made the effort not a guarantee you've survivor a lawsuit but making an effort want to thank our folks from the appeals commission as well a couple of other things we're trying to create a compliance unit within a city that is in r interdepartmental involving not only gi i the department of public works and the mayor's office of disability we've heard if property owners and others they go to one department and told something else so we hope that the collaboration between the departments will be much more smoother process i'll have to say i want to thank dbi they've been so involved in this desire drafting and richard this is here today so i think that those are some of the key points of the legislation i would also emphasis that we are in no where the legislation assessing if you do these things we're requiring of you, your in compliance with the ada sums u as you may know ada moving target not like hit abc and done you have to constantly demonstrate our efforts but we are trying to get you into enforcement with the chapter 11 with the state building code that is one clear distinction we want to make not just liby doing this our fully exaggerated and i want to emphasize this is has to do with with the entrance people are braved concerns that may trigger boo bathrooms and countered heights making those improvements but at the same time what we're mandating from the city we want to make it reasonable only has to do with with our front entrance so with that, said i think you've received a sheet of paper with the promoted changes we're making to the legislation so i wanted to read into the record quickly one again, we want to make sure in terms of intent this is about chapter 11 d we're not relieving anyone of the requires for the federal or stating a state law and in term of the contractual obligations having the agreement between pertain and attendance and so forth and in terms of inspectors and submission of the prime collehe list we're deleting that you can ask for a licensed adjoin contractor counts reason we want to make sure that whoever is spector is well-informed about the requirements are under 11 d or the ada we of the someone up front it that can do the work the technicality we want to insert something under the california building code all findings and affectionate must be is documented and only on a case by case basis we're clarifying in terms of 6 unreasonable hardship to make sure the newly established compliance united will publish the guidelines specifically whatever conditions with unreasonable hardship building permit required we want to make sure that all work by the chapter 11 should be considered recoverable and no travel yubdz shall be required on altered will be required to just reiterating what i said earlier in terms of the hectic resources we want to make sure that the work and the review is done in compliance requewith th hectic building code and the guidelines by the newly compliance unit and in terms of the inspectors we just want to make sure the certificate of plan of completion stipulates and complies with level d and in terms of the office of appeals commission in addition to being able to make the determinations on a technical extension of time and other matters under 11 d to give them the opportunities of unreasonable hardship again, we acknowledge that there was legislation previously paced by supervisor chiu about notifications that property owners must give to owners about ada where they've compiled this will give notice of chapter 11 on top of we went to the code advisory committee thank them and their representation for the one we clarified that the place of accommodation don't include churches because the federal government dpefgs the ada excludes churches and want to change the language so the certificate of financil complet didn't go against the additions, deletions, or changes a absence and all the time the distinction in assessable entrance route and for the timeline i shared on page 11 of this legislation we give we generally are green house property owners about months from what we filed the complex to received the actual building permit we are open to expending that to six months instead of 3 months a likely change we'll make to the legislation after that that's the in a nut shell for the legislation i think there is sti staff that could comment but thank you to the mayor's office on disability and others from the small business commission and from the access appeals commission and colleagues from the city attorney's office who has gone through this ten times and notice point small business commission as i mentioned the dbi code advisory and the merchants amazing supported this legislation and we're really thrilled the small business communities is behind this we've heard we would like to have a program from the city and make sure that we're all serving our customers the right way with that, i want to thank you for your time and consideration and in terms of the one last point i'm sorry, i want to mention under patrick mentioned the case program for the financing for the program i recently introduced legislation to mainstream mainstreamed amend ♪ the future for incorporate the ada with that, thank you and staff is available for any other comments or answer questions >> thank you commissioner melgar. >> i just want to say thank you sfoch for your leadership i remember working with us through commissioner mar office back then you've added ingenious lemons that. >> i can't take all the credit but having stepped up role is just wonderful thank you for your leadership bringing all the different pieces together in different players i think much tighter system but have no doubt this will include the bathrooms and counters that provides a framework to so thank you for your leadership it's great. >> thank you. >> any other questions and commissioner lee. >> allctually, i want to say wow. thank you for that this is something our city actually needs and our community wants i just have a question regarding the responsibility of this so we're putting this on the prop b so i know the last situation the tenant owner relationship is the tenants that make the improvements the space so right now this legislation is saying we're going to put the owne onerous on the property owners and the legislation specifically spells that out, however, we also have to respect the private contractual ordinances between the landlord/tenant so it didn't have to be the property owner but let's say the property owner makes the improvements and decides they want to pass down the costs they can at that at this point in time they negotiated somebody with the something with their tenants we dou can't prohibit that but, however, we do write into the legislation that the responsibility should be on the property owner >> commissioner walker please. w great. >> thank you so much for this we started talking about this quite awhile ago and it was bringing this to our attention twoe twoebl 0 w 2w0ewould be able ar would he be or probably two or three years a great opportunities to stand a expand what we do realizing that existing buildings pass constraints and anyone who wishes to speak certain ada improvements but have a great group of people that evaluate instead of that my question would be it has there been an estimation of how much more - how many more hearings before the appeals board and do we need to address that in staffing etc. i wonder if we stemmed the number of case that they'll be hearing >> it is difficult to estimate but if anyone wants to come up later and speak to that that is fine it is hard to figure out you know the universe or potentially what we're looking at increase in legislation. >> so we hope to give them what works. >> sometimes, we hear appeals we had a back up we really almost should to schedule additional days to hear it i just want to yeah. >> i'll let mr. learner speak. >> sorry commissioner lee. >> i think that legislation is great we need to pull the property owners into the discussion of getting ada assess and tenants spaces base a lot of time the tenants ais just rentig the space if they had modification they need the property owners approval this will put the property owners and i was thinking if any of the cases go brothefore 9 appeals b the property owner should be brought into this a lot of times the tenants with renting i realize there is a step in front of any business but my property owner will not let me make the modifications so what can be done. >> correct me if i am wrong but the property owners has to be the one filing the permit that's one way to make sure they're aware and taking actions and want to say with the soft story program and the phases that are going on the city we want to try to pass legislation in conjunction with that so hopefully, your supposed to have your front entrance okay. but making sure that is happening. >> and the legalizing of units. >> supervisor congratulation on taking on that sgraushcommis walker said we had businesses that were effected and we - it is kind of skews is pun we realistically didn't know the direction and the small businesses were coming to use it was part of them being graishthd in a few quick questions which is a prettiest small group we were doing those drive business i went reading an augurrticle wd f and have they trying to do to be compliant in a city you know so old that there is so many regulations and buildings not in a thousand years. >> i'm sorry which group. >> the group that says their enforcing and . >> you meant litigants no. >> i just wonder they talked about an big story from the city do the right thing is dryitryin do the right thing. >> i wish we had a more move relationship. >> the other parts of the actuati equati. equati equation. >> and dbi is another world because a lot of the entrances will be you know impacted by expelling and strict and rigorous encroachment process so how does that work. >> we had a lot of int interdepartmental meeting and dbi was the drafting we brought all the departments in and they are different feedback there will be things to be sorted out but the goal to have everyone the same room talking to each at the same time and i think this is where the problems were dpe d dpw has an idea. >> dbi has an different idea of the maybe so want to make sure there is a goal at the same time. >> have you factored the goal question talked about the timeframe within a certain timeframe people that went though the dbi preliminaries and others as far as timeframes if all that is doing the right thing and dbe dpw may not be coming back fast enough how do how does that work. >> well, so we do have the timelines in place we certainly have it the legislative action everyone will pull their act together but build into this obviously the opportunity for granting of extension of time in the case that something happens a backlog or whatnot we understand we'll to the punish the property owner for sginspir departmental delays. >> we'll get back to you when we get back to you how is that monitored. >> that's a good question i will defer to you know richard and maybe when we comes up here as to how we sort out. >> okay. >> the delays. >> once again superfluous thank you very much. >> thank you deanna for your hard work on this issue. >> director richard manager the technical services on the department sound proof and secretary to the ss appeals commission and serve on the san mateo commission so i'll i'll be happy to to address our questions but if i may i ask address some of the questions first been property owner the bill was written that the property owner is an amendment to the bruilding code to what yu to prefinterfere with a landlord/tenant agreement and it is recognized so what we're trying to do is get something out there it is recognized by both parties many times people in the negotiation you take it you take it civil rights is often missed and voided this where it comes from the question of the assess appeals commission and the loads we went through the budgets for that the technical service commission and the technical division excuse me. we submitted that within an increase in smer personnel we're having a meeting onramp the access appeals commission next wednesday which we'll address the bylaws and start the discussions awith the city attorney and speed that you the process and make things run smoothly we - the same amount of commissioners but look at how to speed up the process and make that more efficient we're dealing with grave television stations indications that will achie improve with the compliance unit as determined with the you know it is something that will work and they can offer but we think it can work that way ash faster the list inhabitants and important thing aboabout this - been sued because they're building didn't comply the reason people get sues they h e don't have access to adequate services this bill we want you to fix the building to get assess but we recognize many buildings in that cartons and in those cases we'll require alternate needs and means for people with people with disabilities like a phone call most people are sued because they didn't take civil actions that not going to be that difficult to do these things a wonderful store an empty shop that had a vacant floor and on a counterpart only the front deck if you see anything upstairs we'll bring it down we'll permitted you with goods and services so it is looking at - we have a group meeting meeting for a number of months that is tasked with the developing educational materials and handouts if that task force is ann from planning we're working closely with her and we're also working with dpw and the cooperated as a integral part and met with dpw do insure that the management of dpw is on board with that and so this is you know we're working being a small business we intend to and intend to expand and working with carli jury box who by way of had to leave for another meeting to eher apologizes for leaving and she's been an integral part of that from the beginning and then the timeframe dbi is allowed to grants would be six months extension after that that he need to go to the excess appeals commission we don't want to put it on any person on dbi to a evaluate but we recognize that there are details in planning and dpw as well and bwe allow a max of 6 years and had a hard time running out 67 years we're good und there and that's it. >> to you that's sounds like good it is of years from the time you filed the permit; right? >> we want you to have a permit in hand 6 years from the day you filed the initial. >> of months. >> of months. >> well, you want to have a permit in 6 months but a maximum of 6 years (laughter) according to the table. >> to have one in 6 months we're looking at and so a permit in 6 months. >> we recognize that it planning issues bus of certain things conditional use there are delays we know that i work in dbi i see people coming back after two years i understand that so we said okay. the department can grant you of month extension but after that we want you to talk at that time, appeals commission are you continuing with a dilemma. >> so at that point you can say i'm trying to complienlt but the departments have not yielded go gotten back to me. >> the access of appeals will grant you. >> and that's important they based on the evidence. >> the ordinance say no matter what you have to have a permit in hand at the end of 6 months. >> any other questions. >> thank you for that. >> nope i don't believe we have any furthers xez questions thank you for your presentation at this point. >> good morning from the access commission welcome commissioner konstin the in terms of our workload and a at the appeals commission very a lot of room for work met a half of dozen times not a strain but what is excited about this being a private architect and experiencing this is what you're talking about in terms of building is one thing and dbi has their idea and planning has their own idea that makes the projects impossible to schedule for it operationally is the 3 departments are coming together we'll be developing guidelines for different situations that all 3 departments agree that that property owners can look at it and see get a direction as part of the task force with the planning department whether their developing guidelines for the hectic storefront that never got finished the last draft was 2013 we ask rise that and in terms of dpw i know abwh i wondered what about that with kevin or what about that schedule this is how we do it and ask where can anybody find this stuff and getting them to also put in what they'll accept for an encroachment or a ramp or whatever alongside planning will you be a big help developing a common residential guidelines that never happens i'm hoping will happen a common residential guidelines that makes this process work better. >> okay. >> comment. >> perfect. >> maybe when that land of anything milk and honey comes together you'll give us overseeing new guidelines those will be good but to our point it is kind of a retrofitting program we have to get this done each department has to preach this with a betterment of the city the better of businesses and son so on so once the protocol this has to get done hopefully more efficiency. >> we have work to side on that the different the planning department has a guideline that accessibility projects should be priority processing. >> right. >> i'll tell you into a private practitioner that didn't happen and needs to be a priority not only for planning but dpw we have a way to go but it can happen. >> please use us to come back to the air our concerns so we can you think if i with a comprehensive approach toe getting everyone on body board thank you for all your hard work. >> i'm on the cutosp of the around so director of office of small business a great pleasure a pleased and our office to be drafting this hectic approach to increasing assess in our properties our commercial prompts to nominatiaccommodatio businesses i presented what schaing it doing taking the approach we need to bring the department of building inspection the historic preservation commission section of the planning department and dpw together to work to solve and to work together to solve ordinances when it is not just those scared and they're dealing with that through the building code or an easy sidewalk encroachment that is easily done both there are no one of the departments with our office it is as commissioner walker said working with businesses and a situation that really sort of really stood out was that a property owner in a small space had used the building code to deal with an entry way but meant altering the door so historic preservation commission did not want to approve the angle door and then the challenge liv we need an entity to bring those together so supervisor tang is making the adjustment from your office we thought that was a good place to support the change she's making for this assess for the commission so i think that yeah. there is will be some learning curves and we will need to be working you know continuing to work to make the improvements but i'm pleased thus fire marshall far that we don't have our departments willing to created residential guidelines that will make it easier only is front end for the property owners and arithmetic to be working with and for the departments to be working with as well so i'm just you know this is one really another great way of san francisco saying wear taking leadership and doing something first to not only help our businesses but also to remember that we as a city curb about the civil rights of individuals as well. >> thank you very mu >> is there any additional public comment? >> open that. >> i apologize we're not having public comment. >> now we are. >> sorry i apologize sorry. >> what happens us after we go past 12. >> good afternoon kevin with the building managers association commercial owners are high-rise office buildings in downtown first of all, we don't dispute the magics the supervisor tang here or the intention of the department in trying to create saeblts absolutely that's what we're all about and the majority of 99 percent of owners are already fully compliance jwe have a problem to pull another permit to prove we've been 100 percent compliant with the accessibility that travels from the entrance to the 50 floor is compliant that is a problem we depends on why to pull one more preempt to prove we're compliant i think that the legislation that carmen csupervisor chiu th it through have to specific if there are by accessibility problems and physical barriers that is a problem that you need to you know understand before you sign this lease it is important where supervisor chiu at the time and supported it frankly what we're trying to do is law really going to stop the sued i ever in washington, d.c. a walk and a half goiago thank , everybody, with finally to get legislation passed in california that gives owners of participates of property is process you can't serve a notice to pay $4,000 dollars you have to community based to a process no more demand letters what is happening at the state all those drive by lawsuits are going to do federal court we have to reform the federal law to allow the property owners across the country for allow did program we've created in california to come up with some sort of timeline but when you have a right to hear the practicoblem e you get sued to make sure those demand letters are properly served and not just to extort money from property owners and the small businesses across the country she's very interested in looking at something and working on something like that we need to reduce the barriers not increase money for you know the lawyers and the advertisittorneys. >> so my last request is basically, i don't dispute the need for more assembled in small businesses and building across the city but trespassed lightly not mandating but giving us a timeline that is longer what is specified the ordinance i'll recommend doubling the timeline on panning page 17 for the pertaining to have enough time to - >> assess if i may gone the access appeals commission is a glorious process so small property owners small property owners will have a problem with an intrars is will costs house thousands of dollars and they'll have to go through the process i know the adc about strea >> is there any more. okay commissioner walker i'll close public comment and commissioner walker just to the point brought up if a building in 1, 2, 3, 4 compliance with the ada they don't need to dodo anything >> commission can i bring up one point on the amazemeendmentt under section 1105 dash two feasible basically the department will accept a technical faeblthd for a building beyond the scope deemed if certain requirements met essentially in you if a have a previously something in the boxes or a situation where you had a finding of technical affectionate the city will look at that a previously remodel permit a completion. >> within the city and the city has a record of that. >> so how they will answer that sending a letter in undermines. >> don't have to pull a permit if you demonstrate those things it happened in the city and perfect on the timeframe i don't know supervisor how you feel about the response time and so. >> i think the one main part willing to change the timing from when you when the application and received it seems we had it for 3 months but 6 months i open up to the commission if you feel any part of timeline needs to be adjusted. >> okay. >> more time is better but we want to make sure the improvements are also happening. >> sure go ahead, please just before sorry what is the price of permit just to file it. >> will we'll clarify a difference between they submit a form. >> okay. >> the permit any permitted will be the normal cost of that permit for the rewards that is valued according to the work the majority of the work will be done to the dbi process and through the necessariormal dbi the evaluation will depend on the degree of work we have a one hour plan check fee for the forum to pay to the compliance to record keep that is basically recordkeeping. >> classbasically how much. >> you one and $80 so. >> we're required so the vast majority a lot of them are exempt with a permit application daylighted 2002 on. >> and that's great. >> their exempt we punishicke that. >> and the legislation too. >> i i mean. >> they don't dr. to do anything while accept the form we're designing the form with dpw a 12 point check on the front door a couple of points on the sidewalk and any designer should be able to complete that e-mail with a check and we'll take you off the list that's the end. >> okay. >> no permit required in othi your compliant and an engine or architect or a sound-proofed inspector. >> 2002 is. >> nothing past that is exempt. >> sounds fair to me. >> we inwould have taken on t task you discussed but not having did computer to do that you know so. >> okay. thank you for answering and clarify commissioner walker same okay. perfect if no public comment it is closed. >> is there a motion or anything. >> scomplauscommissioner walk >> i move to approve that legislation. >> second. >> second. >> there is a motion and a second to approve this item roll call vote. >> commissioner president mccarthy commercialism commissioner gilman commissioner konstin commissioner lee commissioner melgar percentage and commissioner walker that item passes unanimously. >> item 12 discussion and possible action regarding the proposal from the board of supervisors amending the police de code designated the employees and file gender except for the gender identity and the sign for the department of building inspection. >> i i guess i'm elected curiosity with the technical services so let's see this is the amendment to i think the police code to require the neutral restaurants what are single occupancy for a single person or the helper would be available to a anyone no matter their gender or whatever i guess for details comment and develop is it may be able to develop it and may be able to answer the questions we'll go from there. >> commissioners again rick technical services supervisor avalos office called us and asked us to help with carla johnson to the mayor's office on disability in conjunction with the human rights commission the basic emphasis to bring san francisco up to the state you are the gender recognizing that we are a gender neutral city he and this is important both from a identity and appropoint of vit a safety point of view much in the news this ordinance was designed to do take all the retroactive and applies to the single rooms a one toilet or one toilet urinal designed for single occupancy require them to change the signage relieving and additionally require that we mandated that all single roo restrooms you'll call preferred to be gender neutral and be designed that way we will allow not mandate we will allow a person that requires a multiple facility restroom to be gender it is mandatory to be the department has a memo by lange cornfield in 2004 that states we have to allow it and been allowing to since 2005 ahead of the curve on that already and the department has been you know under director huey supportive of this all along another factor that is senator has introduced a similar bill at the state level have this and trumpeted to the state level they've require this is the way of the future i think you, you you know it is not a big deal this department agreed we're not require permits for the changing of the signs for a couple of reasons it is not fair to the owner and additionally, we have enough to do (laughter) you know we, of course, will oversee the signage and the implication on the new construction that requires the signs are state there are wild signs we've had training at the plan check levels we have to be careful what we approve some signs are offense to the community and some not our best bet to put whatever we want in writing and go like that it is a well-thought-out and wonderful ordinance i'll be happy to answer any questions you may have. >> if i can. >> i just oh, sorry i want to say it is debris we're doing this many no points are doing this and have bowith different gender and no issue at all it is great we'll hopefully adopt this and have standards for signage i should mention look at more stricken migrant city buildings more than 4 they'll have to one one gender neutral as well but dbi didn't have to oversee that that that is mo d. >> the key is all bathrooms through the general public comment arth comment; right? >> open to employees or the general public comment. >> not a private restrooms nor a single-family home. >> and it is intosz if we get a complaint at dbi wie're tryin to enforce it through the regulations or a placement through the human right commission. >> we mohave samples in your packet right. >> no change in signs only legitimate signs you'll see are the kitten and triangle the california sign inclusive to california and additionally anything you put next to it if you have a room identifier a sign that identifies a space this has to be put the characters are with the grarl we have other picture signs that can be a man and woman but we're kind of shying away the people are going doing the men and women and half man and half woman is offense offensive to some people it is is third gender not the tint but open identity so this signage probable won't change if they choose to make the sign visible the california building codes will be allowed talk about putting a toilet symbol on the door that is fine for people we support that but you know the basic signage has to apply with title 24 hopefully not see what we approve at dbi any radical signs until the state the state is looking this and chairman in los angeles wrote the americans with disabilities act i saw the architect is working on it speaks for itself but those move slowly and not see any. >> okay comments from the commissioners. >> thank you. >> thank you. >> public comment on this item? okay. seeing none motion on the item >> i'll make a motion to adopt. >> second. >> there is a motion and a second roll call vote. >> commissioner president mccarthy commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner mccr commissioner melgar commissioner walker pethat item passes unanimously item 13 discussion and possible action code amendments to the plumbing code might want he multi dwelling unit with the valve to minimize waste for the water and major disruptions at the large dwelling units and other remodeling that occurs in an individual unit of a building. >> dbi technical services standing in for any colleagues, we support them and the gentle idea that in our own house a value out the house it is a remodel and cut in whatever you need to cut in replacing a toilet in an apartment building you turn the toilet 0 now and then what steve is addressed a place your remodeling and an apartment building you don't center so o a one shut off and where you're cutting into the libraries in those kinds of issues turn off the building in most cases and turning off a thousand units your dragging down the water and put a value and we fill it dpainls when our remodeling and taking something hard cutting into the line and the value controls the water in our unit that didn't have to have an effect on all the neighborhoo neighbors there is no strain and no large rephil and no putting people out - making people not have water for a long period of time that's what it is all about they're all pretty much treated the same hope that answers your question. >> commissioner walker. >> a what tis the cost. >> for a value. >> yeah. added to a project a substantial. >> 20 bucks. >> okay. cool. >> a little bit of labor 20 minutes. >> minimal. >> commission. >> a clarification this is the four i guess the unit start demolition they need to tap into the - >> and put the value first. >> it will be during whenever have you to turn ouch the water if you don't have a value controlling that unit you have to go to the other area and turn off whatever not wanting to that to happy again and put the value and when they come back the next day and . >> that is done after okay. >> a good idea. >> who would you enforce it if you signed off the permit they'll see if so interethere i value. >> no whenever you're cutting into the wall it has to be pressure tested the water has to be on the the area. >> so the water value is permanent. >> and - >> at the beginning the job. >> commissioner walker please. this going into the effect whatever. >> it is between the legislation okay we're bachelor the legislation a few things we've brought before you into the economy with their approval and staff to hear and at some point bash it up and the next 6 months and incorporated into one piece of legislation bring back and go to the board of supervisors. >> is this required under new construction for a building. >> is that currently required. >> yeah. >> without this no. >> that's an idea. >> i get the spiritual all part give us i either 10 units i'm remodeling one unit, i have to put the value in the one unit obviously and have to do the other 9 unit; correct? >> no, just what you're working on. >> only specific to every time you remodel. >> if a bathroom remodel you're going to need to interrupt the bathroom services and after you turn it off to the kitchen not turn it off to the rest of the neighbors may or may not happen depending on the configuration but put the value at the force to the bathroom and have the wall open but two bathrooms the next time you work on a bathroom you don't have to turn off the lines to the other part of building. >> it may not be a short value there is just more than installing a value with a bypass shutting off the water to one unit whatever's e what happens that if it runs into another unit not just the value. >> supervisor wieners point is right on some of the older buildings the plumbing is kind of all over the place and unusual usually you touch one pipe it leads to 20 other pipes i get the intent i wish steve were here i - don't have a problem where our going i want to see what the knock effect i know there is more going on i personally want more time i'd like for me to continue to dig deeper and bring this back i don't know from the other commissioners i get the spirit it make sense to me that new buildings don't have shut off - i can shut off the new buildings but each unit not all the building but the mechanisms in pleased maybe not a respiratory but each unit can you been shut off without shutting off the outlet units i'll be more concerned of the older buildings making sure they have to right and not just the value costs the plumbing and the pressure tests kind of those are the real attachment to the homeowners so i'd like to dig deeper and just more study what it will trigger off i don't know how the other commissioners feel. >> and agree. >> if no objection i'd like to table and continue this to the next meeting and discuss it again. >> and any public comment on item that motion to continue the item for the next meeting. >> seeing none. >> okay. >> all in favor, say i. >> i. >> opposed? the item be continued to the next meeting item 14 director's report update on dbi finances. >> good afternoon, commissioners madisson before y your january to date financial report and basically provide information on the revenue and expenditures from july 2015 through july 2017 and i'll take a few minutes for the highlights on the revenue side we continue to do well with the revenue it outpacing the years between july 2015 and january 2017 we've collected $11 million more than this time last year that is good news and we've been reporting for the past four or five months one thing that is different in january 2016 we have seen the actual most of january go down the january collections are a little bit lower than the prior two years in 2014 as well as in 2015 and 2014 the building permit revenues are down one and $26,000 and now $2 million plus in january and planning revenues are down slightly but the reason we're still above the last year cumulative totals july to december was so much better this was different we were not expecting that in the month of january so be clear our projection are preliminary but is not a trend to make projection but hopefully january and february and march and that months we'll get to the 9 months to see if this is a pattern ordinarily january and february are down but this month january 2016 is actually a lot of lower than than 2014-2015 where the pressure 6 months july to december those are the highest there's a diversities we'll keep you do informed and look at the revenue but we're project by project the kind of over budget in the revenues because of july through december doing so well. >> so that's on the revenue side on the expenditure side we continue to spend and hire i think probably this month we'll have 3 new hires coming on and the expenditures about 5 house more than last year, i think that our salaries are slightly up because before we've been hiring we were having a lot of retirements and now the net effect we're bringing in more people like i expect those revenues to go up and on the odd expenditure or the larger salaries besides that into the work order and the departments have not yielded given us sometimes questi sometimes, we have 6 months and sometimes later thonger for the expenditures to go up we're obtain the right practictrack w work orders and our revenues of have done well we are project by project to have a surplus and having some salary savings once again in january i'll be happy to answer any questions you may have. >> thank you okay. thank you. >> commission bill strong legislatively affairs the update report and you've heard earlier from the agenda item about the supervisor avalos item i wouill mention the currency enforcement uniformity it legislation supervisor avalos is working on is still under an amendment we recently got a reservation from the city attorney that supervisor wiener discuses the review and see we're a little bit closer to moving forward i'm expecting that we will have another meeting but it is essentially moving forward and some issues are staff has raised are addressed by the supervisors staff the only another item i guess that you might find of interest is the coming gray water system commissioner lee also has proposed legislation whereby gray water systems will be done without a plumbing permit and i know our chief plumbing inspector has concerns and talking about r talking with supervisor wiener's staff i don't know how soon we may see that ordinance come forward for a hearing i've not heard about it recently but another item we're monitoring rather colons on the unit legalization i know that report we've been giving you monthly we now have a approved one and 8 under the volunteer program they're another hundred and 6 or 8 at that time, at planning the middle of may the second anniversary of this i think that is is it fair to say 200 plus left-hand lane legal units by the second anniversary but, of course, it is clear that given the volume of potential units out there that might be conforming we're getting a slow response and i went from last december having essentially given the waving the permit revenue fees from planning and building that saves the owners three-legged stool $4,000 we know about on the cost two legalize on the soft story program as director huey mentions earlier on tier one 100 percent compliance from the scope documents and the permits on tier 2 which the deadline is september 15th of this year we're at a 27 percent response rate and 8 hundred and 80 buildings in tow so 2/3rd's of this 8 hundred odd buildings not respond we're about to start a reminder campaign and paid advertising the next few months to try to awe wage owns if this tier it, it is time to respond and the goal being we don't end up issuing a lot of notice of violations and having expensive code process necessarily, of course, the real elephant the room is tier 3 which is september of next year in 2017 there are 35 hundred buildings in that group we again have a 25 percent response to date on those elements so we are staying on top of the programs one of the reasons that we're concerned about the departments workload interest is a potential for code compliaenft if we don't get the owners to be responsive with that, i'll be happy to answer any questions you may have. >> commissioner melgar. >> so a question about supervisor wiener's legislation we've talked about earlier who on staff is working on that with the supervisors office. >> well, i have been along with some of our other staff like from inspection and services with meeting with jeff and the supervisor staff. >> i want to make a request commissioner walker and i have talked about the old program before we took it out of the code 3 years ago and that it was a pain the buddy so that was because how the code was writing i'm wondering if we can involve someone from financed in tnot j the section the reason it was difficult to use was precisely ways we think when this was written none from finance was involved and you know that money sort of flo there the mayor's office of housing the process what was ridiculous. >> i will be happy to work with tir raze group. >> she ran out i'm wondering (laughter) all right. thank you. >> respect to that i mentioned it jeremy on supervisor avalos legislation the mayor's office of housing is planning to have a meeting with us sometime next week and supervisor wiener's on what kind of a program might we put together related to the reserve code enforcement fund right now bryan chu they don't have a program but happy to put one together and objective we have the opportunity to see that is done in a more intelligent way. >> great. >> great. >> thank you, bill. >> 14 c update on major projects. >> good evening, commissioners i can retire but for the major proje project this month a 5 percent increase any questions. >> okay. >> thank you. >> then item d update on code enforcement. >> good afternoon, commissioners dan depending upon inspectors services i'll try to make this short it's bans a long day code enforcement and dbi update for 2013 for the month of january 4, '00 and 64 complaints 200 plus complainant response within 42 hours and - complaints received abated without notice of violation and notice of violation were 56 and the second related to the code compliaenfo 17 and the housekeeping and others 1 and 43 complaints 4 hundred and 3 complaints response within 4272 hours complaints we notice of violations were one plus and notice of violation were three hundred plus number of cases sent to the directors warris th 40 and route inspectors the code enforcement cases sent to the directors - number of office of citizens complaints and number of cases abated 57 and code enforcement inspection were one and 50 provided also the graphics dated to february 2015 i'll show you the activity of the code enforcement thank you. >> thank you depending uputy >> any comments on the reports seeing none, item 1 on the project for the tracking system. >> good afternoon, commissioners director i'm henry from the department of technology on the department of technology sent his regards he was looking forward to presenting next month with that, all talk about what where we are as relaid last month we selected t g garden and finished the statement of work and finalized and approved on february 11th february 12th kicked off the meeting with the prework so laying out the schedule of interviews and making access to the garden team of the artifacts they need to start their work and getting familiar i want to let you know that there was a building process jerry effort by bart at the request of beginning in 2007, 2008 one of the leads a gentleman richard is actually the leads on the projects he still has a plus like the familiarity with dbi and reading the assessment work. >> and in terms of the interviews i know that commissioner president mccarthy we changed with sonja's help talk about who from the department of building inspection will be interviewed as part of statemeassessment do now or provide that later that's fine well as well. >> why not finish our presentation and have a quick discussions very good. >> so the prework started in eternity i'm meeting with garden tomorrow and the formal kickoff with the assessment project that couch is scheduled to the 23 of february so the interview requests abowill go out the end this week for the assessment and just as a reminder the timeline for the assessment we will have the final assessment in april by the end of april. >> by the end of april that's our date the at the eend april. >> a preliminary report that is issued for internal review basically about three or four weeks before that in may we'll start seeing the recommendations. >> so the first week in may we have a report a public report to us. >> not the final public form but like similar to an audit process we get a preliminary report and it gets reviewed and finalize. >> it we will be reviewing the draft copy first along with everybody else and make comments and then will they'll go away and finalize it. >> we have garden on point we have scheduled into their work to come and present their finding to the commission and that's part of draft copy. >> i'll have to clarify that's the draft are the final. >> the final okay. okay. >> are you complete that henry. >> appreciate your coming out and doing this and commissioner walker comments. >> thank you, very much. i'm glad this is moving forward i would like to say that i personally would like to be involved in the interview i hope that each commission each commission will, we all are doing this tonight e together together so that's my recommendations he just to reinforce the testimony of the gentleman from the grand jury i think the issues they continue to bring up back what they issued the report have bearing in our process and hope that jerry and any other members of the grand jury that presented that report will be included in the interview there is then a time since - i don't remember what the report was issued to the grand jury but the issue of the dp s system and orange our practices and the sort of miss turned that got us here need to be address in the process he hope they'll be able to interview the representative from the grand jury as well. >> can i talk about a little bit about i'll address that comment so as far as xhishgcommissioner former we do a sit-down or an individual any way to express. >> we're happy to accommodate the commission i'm not sure if the brown rules we have to be careful how many people. >> we're allowed up to 3. >> yes 3. >> the interest of trying to make this efficient i imagine if we breakdown into 3 groups well, actually 3. >> 3. >> if anyone else wants to. >> i don't want is ever commission interested in sitting with the vendor to discuss their concerns and maybe give a briefly. >> i trust deborah to, interviewed i don't know i'll add any more than you would i'll defer. >> okay. now we're down to two. >> i mean, here's the issue i think that this is kind of a big deal and their good evening to be gathering information from a wide variety of folks that are involved the processed we have our strengthens and especially around computer systems and permitting, etc. to you appreciate that you trust me on this but i know i just want to say the more input we give at that point if our prospective is going to help the process the end so - >> okay happy to do it either way you want. >> i'm a definitely want to be part of the process so supervisor wien commissioner lee will be stand up i'll go through individual to get commissioner gilman. >> i actually think i'll prefer being brought up to speed i wasn't cleavr about an assessment of the process or the system i feel as a new commission i don't have the baseline so i wasn't clear on - >> just to clarify the assessment of the implements project itself for the project implementing the system for dbi it is an assessment of that project. >> and brought someone from the outside regarding the gardener group and the assessment. >> right on the list to interview bic members and dbi obviously and planning, d t and city administrator. >> oh, and 21 tech. >> thank you, commissioner. >> so i forgot the new commission and obviously henry is available if you need of a talk to him on a one to one basis. >> commissioner lee. >> yes. i was talking about out loud been the planning if 13 has questions for us i would think this is a good idea to put it in writing and give s it to s so we're ready when you want to discuss at the same time we'll share what we want from you. >> definiteabsolutely. >> i'm wanting to be efficient. >> they have an interview guide their prep we'll send that out. >> actually throuo sonya for copy. >> why not do this i'll get with madam secretary we'll send an e-mail to each commission and come up with to dates if none has an objection and not be in violation two separate timeframes to meet and then commissioner lees point if they'll forward the meetings. >> and agenda. >> and . >> we'll have our questions as commissioners as individuals; right? and we'll like to do it in those two meetings we arrange and have to have another meeting for some reason we have the right to have that; right? >> very good thank you. >> and obviously for the new commissioners that have bigger question is it okay with the commission henry is the point person the new commissioners can all. >> right if you want to get our input call us. >> happy to accommodate any meetings request for a backward interview. >> perfect once again thank you henry and thank you for keeping with our timeframe we look forward to getting this and putting this to bed thank you for coming here sorry henry don't go away. >> john with the city attorney's office because of a few new commissioners i want to alert you to various requirements we have under the brown act for public mergers and i caution you about doing some things in terms of trying to community with other commissioners for example, if you send a i'm to all the commissioners that is a potential and a whole discussion this is like the equivalent of a public merging so you could have our questions go to for example, the director directly to sonya, but it is the issue of discussion within the commission via electronic didn't come to mind immediately. >> okay. >> thank you. >> thank you for that clarification. >> any public comment on item 15. >> good afternoon. my name is a jerry the benefit of the two new commissioners, i would encourage them to ask henry why he recommended the cellular installation be halted, and, secondly, i'll ask henry that he prepare for you a route cause analysis of the problem as opposed to getting into the more technical problems this didn't work and this did work there's a root cause that needs to be address and then lastly i'll encourage the bic all of you to make sure that the scope of work the consulting assignment really addresses the route cause problem and it is not a consulting assignment that continues to incur for costs up to eight or $9 million on a $5.9 million and a 5 year anniversary when the contract was signed thank you. >> thank you. >> item 167 receive and approval of the minutes of the july meeting 2015. >> move to approve. >> a second. >> second. >> okay any public comment on this item? >> all in favor, say i. >> i. >> opposed? >> and the minutes are approved. >> i'm sonya i abstain thank you. >> and item 17 commissioners questions or comments at this time commissioners can ask about policies and procedures from the commission and seeing none, item b future merging and agenda the commission may talk about the items that could be places on that agenda for the next meeting that in effect the commission observiur next regul scheduled meeting is coming up. >> obviously i want to give a friendly reminder to commissioner melgar having the joint meeting and discussion about it you want to you can take it from there. >> you said it all. >> some of the items you want discussed. >> the item we heard earlier today sro and also the avalos legislation we left on the table the in-law unit conversion and all of the airbnb last year issues that go with that. >> maybe others. >> yes. >> and commissioner walker. >> it feels like there is several different projects lined up to deal specifically with the relationship between our department and streamlining that relationship so that things don't linger so long so this is one of the things we've talked about and here's some concrete programs we can implement change so if we could phrase that that way. >> and the other thing we're going to have problems with the contract reports by may on seller this is an important item to look at i think so there will be two major things that commission. >> one i know that mr. strong mentioned that the legalization of the illegal units like one and 8 have been approved and other one and 8 the pipeline want a sense from staff