Agenda
[0:33]
1. Call to Order and Roll Call
[2:04]
2. President’s opening remarks
[4:17]
3. General Public Comment
[12:51]
4. Update on the Access Appeals Commission (AAC), and an overview regarding the appeal process
[47:05]
5. Update regarding the status of current Technical Services Division (TSD) programs
[1:01:34]
6. Director’s Report
[1:20:56]
7. Commissioner?s Questions and Matters
[1:22:42]
8. Review and approval of the minutes of the Regular Meeting of November 20, 2024
[1:23:03]
9. Adjournment
Transcript
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[0:13]
Good morning. Today is
[0:15]
wednesday, DECEMBER 11th, 2024.
[0:17]
This is a special meeting of the
[0:19]
building inspection commission.
[0:21]
I would like to remind everyone
[0:22]
to please mute yourself if
[0:24]
you're not speaking. The first
[0:27]
item on the agenda is roll call.
[0:29]
PRESIDENT Alexander. Here. Vice
[0:32]
PRESIDENT Shadix. Here.
[0:34]
Commissioner ming. Here.
[0:36]
Commissioner williams. Here. We
[0:38]
have a quorum, and commissioner
[0:40]
chavez is expected. And
[0:43]
commissioner newman is excused.
[0:44]
Next, we have our land
[0:47]
acknowledgment. The building
[0:48]
inspection commission
[0:49]
acknowledges that we are on the
[0:50]
unceded ancestral homeland of
[0:52]
the ramaytush ohlone, who are
[0:53]
the original inhabitants of the
[0:56]
san francisco peninsula. As the
[0:57]
indigenous stewards of this
[0:59]
land, and in accordance with
[1:00]
their tradition, the ramaytush
[1:02]
ohlone have never ceded, lost
[1:04]
nor forgotten their
[1:05]
responsibilities as the
[1:06]
caretakers of this place, as
[1:08]
well as for all peoples who
[1:10]
reside in their traditional
[1:12]
territory. As guests, we
[1:13]
recognize that we benefit from
[1:15]
living and working on the
[1:17]
traditional homeland. We wish to
[1:18]
pay our respects by
[1:19]
acknowledging the ancestors,
[1:21]
elders and relatives of the
[1:22]
ramaytush ohlone community and
[1:24]
by affirming their sovereign
[1:27]
rights as first peoples. Thank
[1:30]
you. Next, for any members of
[1:32]
the public that MAY be listening
[1:34]
in the public comment call in
[1:39]
number is (415) 655-0001. Access
[1:51]
code is. 26635399899. Okay. And
[1:53]
next we have item two. President
[1:59]
opening remarks. Good morning.
[2:02]
Good morning commissioners.
[2:04]
Director reardon, members of the
[2:08]
public. Congratulations on the
[2:10]
end of a big year. We've had a
[2:11]
lot of accomplishments this
[2:13]
year, and it can only be with
[2:16]
the partnership of our staff,
[2:17]
our staff leadership and our
[2:19]
commission together, working
[2:22]
towards common goals. And I just
[2:24]
wanted to highlight some of the
[2:25]
things that I think are of
[2:27]
particular note. This year. And
[2:29]
one of them is we accomplished
[2:31]
the fee study. We have
[2:33]
established the fee study to
[2:36]
stabilize our finances and
[2:40]
created a policy path forward to
[2:42]
be able to increase those fees
[2:43]
over time. And that's a very
[2:46]
significant policy change that
[2:51]
took both political will and
[2:52]
foresight on the part of the
[2:54]
department. So congratulations
[2:55]
and thank you to everyone on
[2:58]
that. And then of course, we
[3:02]
continue to increase our
[3:04]
approval rates and permits and
[3:06]
streamlined the permitting
[3:09]
process. And then finally we
[3:12]
have. Implemented all of the
[3:14]
controller's recommendations and
[3:16]
got a glowing report from the
[3:19]
controller's office on our
[3:21]
ethical standards. And that is
[3:23]
something that took an
[3:27]
incredible amount of work. And
[3:29]
so I just, you know, I just want
[3:31]
to recognize all of that. That
[3:32]
is a big accomplishment this
[3:33]
year. And congratulations to
[3:35]
everybody. And then as we do, we
[3:37]
continue the basic work every
[3:38]
day of keeping san franciscans
[3:40]
safe in their houses, in their
[3:42]
homes, in their apartment
[3:43]
buildings and their sros and in
[3:45]
their places of work and on the
[3:47]
streets where they are walking
[3:49]
by those buildings. So the day
[3:51]
to day work continues to be
[3:52]
really important, and a focus
[3:55]
for the department. And I just
[3:57]
want to take the time to
[3:58]
recognize that at the end of the
[3:59]
year. So congratulations on all
[4:01]
of that, everybody. And to
[4:04]
commissioners and yeah, happy
[4:09]
new year. Thank you. Is there
[4:11]
any public comment on the
[4:14]
PRESIDENT's opening remarks?
[4:16]
Seeing none, we are on item
[4:18]
three. General public comment.
[4:20]
The bic will take public comment
[4:21]
on matters within the
[4:22]
commission's jurisdiction that
[4:24]
are not part of this agenda.
[4:26]
Good morning. I have a handout.
[4:29]
The time is set for ten minutes.
[4:30]
I don't need ten minutes. I'll
[4:32]
reset that. Just a moment. It
[4:36]
would be nice, but
[4:40]
inappropriate. If I have a
[4:49]
computer presentation. Okay. I'm
[4:52]
ready. Thank you. Dbi twice
[4:53]
created false complaints after
[4:55]
valid complaints were filed
[4:57]
against susan mccormick. Taylor.
[4:59]
Building permits once for a
[5:01]
foundation repair permit and a
[5:03]
second time for a bedroom and
[5:06]
bath remodel permit. Dbi also
[5:08]
improperly closed two complaints
[5:09]
for submitting building permits,
[5:11]
with plans that misrepresent the
[5:13]
number and location of the
[5:15]
existing ground floor garage
[5:18]
windows. This table is from the
[5:20]
building code, and it shows the
[5:22]
period of time that's allowed
[5:24]
for a building permit before it
[5:25]
expires. Based on the value of
[5:28]
the permit. A foundation repair
[5:30]
permit complaint was opened 78
[5:32]
days ago. It should have been
[5:34]
closed. Senior inspector
[5:36]
mauricio hernandez approved a
[5:39]
foundation special inspection
[5:41]
404 days after the foundation
[5:43]
repair permit was null and void,
[5:45]
and the foundation special
[5:46]
inspection was approved without
[5:48]
a final affidavit from the
[5:50]
architect. The complaint is
[5:53]
being researched by inspector
[5:54]
gilbert lamb. A second
[5:56]
foundation repair complaint was
[5:58]
opened one month after the first
[6:00]
complaint. The second complaint
[6:02]
was opened by inspector sanders,
[6:03]
who received the first
[6:05]
complaint. We have two open
[6:08]
foundation repair complaints. An
[6:10]
expired bedroom and bath remodel
[6:12]
complaint was improperly closed
[6:14]
by inspector sanders seven days
[6:16]
after it was opened. Inspector
[6:19]
sanders approved an extension of
[6:20]
a building permit that had been
[6:24]
null and void for 127 days.
[6:26]
Inspector sanders failed to sign
[6:29]
the building permit extension. A
[6:31]
second bedroom and bath remodel
[6:33]
complaint was opened 40 days
[6:35]
after the first complaint was
[6:37]
closed by inspector sanders.
[6:39]
This complaint is under review
[6:41]
by inspector sanders, who closed
[6:45]
the first complaint. Two susan
[6:46]
mccormick taylor building
[6:48]
permits were submitted with
[6:50]
architectural plans which
[6:52]
misrepresent the number and
[6:53]
location of the ground floor
[6:55]
windows in the picture below. In
[6:56]
the picture below, you can see
[6:59]
there's a red wheelbarrow.
[7:00]
There's a window behind the
[7:02]
wheelbarrow. There's a window to
[7:03]
the left of the wheelbarrow.
[7:05]
There are only two windows. The
[7:06]
window above the red wheelbarrow
[7:09]
is missing from the plans. The
[7:11]
window to the left of the red
[7:12]
wheelbarrow is two windows in
[7:15]
the plan, and a window was
[7:17]
inserted in the plans on the
[7:19]
wall with the electrical boxes
[7:23]
that's behind the blue tub.
[7:25]
here's the plans. You can see
[7:27]
they're wrong. Two complaints
[7:29]
for inaccurate architectural
[7:32]
plans were closed. Improperly
[7:36]
closed. This is not good. This
[7:45]
stuff needs to end. Thank you.
[7:48]
Is there any additional public
[8:12]
comment? Covid. Gavin newsom.
[8:43]
Oops. The little thing he fell
[8:45]
off. Does that matter? Can you
[8:47]
pick it up? I haven't started
[8:49]
your time. Okay. I want to pause
[8:50]
my time. I know I haven't
[8:52]
started, I've got some stuff. I
[8:57]
don't want to touch it. Thank
[9:02]
you. Sonia. Where is it? Right
[9:18]
there. Thank you. Sonia.
[9:20]
Okay. I'd like to talk about the
[9:22]
hiring process. When o'riordan
[9:23]
and I were hired, I was hired
[9:25]
before him, and I scored higher
[9:28]
on the test. We had three
[9:30]
outside people from different
[9:33]
jurisdictions doing the hiring.
[9:35]
Now it's all inside. It appears
[9:36]
to be, you know, kind of the
[9:40]
good old boys club. And this is
[9:42]
the announcement. O'riordan
[9:44]
talks about kevin bermingham
[9:46]
keeps projects moving along. You
[9:48]
never want to fail an
[9:51]
inspection, even if it's not per
[9:51]
code. Okay. And then we have
[9:54]
mauricio hernandez here and
[9:57]
another mark walls. These were
[9:59]
an article was in mission local
[10:00]
on this. I will be referring to
[10:03]
that. And mauricio hernandez,
[10:05]
who is named in a lawsuit by
[10:08]
dennis richards. You could that
[10:10]
online mission local dennis
[10:12]
richards if you google that that
[10:17]
was settled in a favor for 1.8
[10:18]
million for the plaintiff,
[10:28]
costing the city.
[10:31]
Here's another article called
[10:36]
bringing down the house. It was
[10:38]
in the whatever it says up
[10:40]
there, the sf weekly, I believe
[10:43]
this is also by the joe. Newport,
[10:46]
whatever. And this is about
[10:47]
where matt green went out of his
[10:49]
district, into my district, and
[10:51]
missed the shoring of the
[10:52]
building that was supposed to, I
[10:54]
believe, have around nine
[10:57]
shoring. This is a santos koran.
[11:00]
Bernie and matt green were all
[11:02]
on this as they were on other
[11:05]
projects working together. The
[11:06]
building went down the hill
[11:07]
because of the failed shoring.
[11:09]
Matt green went out there
[11:12]
several times for his friend,
[11:14]
who was helping him out in the
[11:15]
little situation in golden gate
[11:18]
park, which he alludes to in the
[11:21]
dennis richards case. There was
[11:22]
nothing left of the building.
[11:24]
They were supposed to keep it
[11:26]
big. Tarp was put over. It was
[11:31]
completely demolished. Here's
[11:35]
another one naming the city
[11:37]
families okaying their own
[11:41]
family jobs. Joe eskenazi,
[11:45]
mission local. JANUARY 8th. This
[11:47]
is how the old. This is how the
[11:50]
old test worked. You could see
[11:53]
o'riordan came in here at number
[11:55]
13 right in the middle. And then
[11:57]
he told me before, we used to
[11:58]
commute together that sweeney
[11:59]
gave him the answers to the
[12:02]
test, and he forgot one of them.
[12:04]
And one of the answers was, or
[12:05]
one of the questions was, what
[12:07]
do you do with an employee who
[12:08]
is not performing right? He
[12:11]
said, you kind of counsel him or
[12:12]
something like that. He told me
[12:14]
sweeney had to write it down on
[12:16]
a piece of paper and shove it
[12:18]
over for him to read. He goes,
[12:19]
no, you need. And it said, you
[12:21]
need to document everything.
[12:22]
Here's the score he got on that
[12:25]
test overhead, please. You can
[12:26]
wrap up your comments, sir. I'm
[12:28]
wrapping it up. The timer is up
[12:30]
so you can say your last. Oh
[12:32]
it's up okay. Last. The
[12:35]
sprinklers are all abated. On to
[12:37]
russo and sso and 3030
[12:38]
california by newly appointed
[12:40]
permanent chief hernandez. Thank
[12:44]
you. Thank you. Are there any
[12:48]
additional public comment? Okay.
[12:50]
Seeing none, we're on to item
[12:51]
four update on the access
[12:53]
appeals commission and an
[12:55]
overview regarding the appeal
[13:11]
process.
[13:15]
Good morning everyone. I'm mary
[13:17]
wilkinson, church department of
[13:20]
building inspection. We do have
[13:24]
a powerpoint to go along with
[13:28]
this. Okay. So the access
[13:30]
appeals commission was
[13:31]
established by the san francisco
[13:35]
building code, section 105.3.
[13:37]
The access appeals commission
[13:39]
hears appeals of dbi decisions
[13:41]
on the enforcement of disabled
[13:43]
access and the adaptability
[13:46]
provisions of the code. The
[13:47]
commission MAY also make
[13:49]
determinations on code
[13:52]
equivalences, technical and
[13:54]
unreasonable hardship, as well
[13:57]
as time extensions. The
[13:58]
committee is comprised of five
[14:00]
members, each with a four year
[14:02]
term. Two members do have a
[14:04]
physical disability. Two members
[14:06]
are with the construction
[14:09]
industry and one member is of
[14:12]
the general public. So the
[14:14]
background for the accessible
[14:16]
business entrance program is
[14:18]
that it was established by city
[14:20]
ordinance in 2016, and it's
[14:22]
administered by the department
[14:24]
of building inspection. The
[14:27]
program requires places of
[14:29]
public accommodation to have all
[14:32]
primary entries and passive
[14:33]
travel into a building, be
[14:35]
accessible by persons with
[14:39]
disabilities. The ab program has
[14:41]
four building categories
[14:42]
indicating the barriers of
[14:46]
disability access. The primary
[14:48]
entry. The first category is
[14:51]
that the primary entry already
[14:53]
complies. The second category is
[14:55]
that there are no steps to the
[14:58]
primary entry, and one or more
[15:00]
of elements to the entry do not
[15:03]
comply with the requirements for
[15:06]
accessibility. Category three.
[15:08]
There is a step to the primary
[15:10]
entry and one or more elements
[15:12]
of the entry do not comply with
[15:14]
the requirements for
[15:15]
accessibility. And then of
[15:16]
course, category four is that
[15:18]
the building has a primary entry
[15:20]
with more than one steps, and
[15:21]
the elements of the injury do
[15:23]
not comply with code
[15:26]
requirements. So the role of the
[15:28]
access appeals commission within
[15:31]
the ab program building subject
[15:34]
to the program, can file for
[15:38]
exemptions and claiming for
[15:40]
requesting equivalencies for
[15:42]
facilitation, technical
[15:43]
infeasibility or unreasonable
[15:49]
hardship as defined in sfbc 11
[15:53]
05.1 through 11 05.3. The access
[15:55]
appeals commission is involved
[15:57]
in all exemption pathways,
[15:59]
including setting the standards
[16:01]
for equivalent facilities,
[16:03]
facilitation, ratifying
[16:06]
nonstructural technical and
[16:07]
feasibility claims, and
[16:09]
determining financial hardships.
[16:11]
So the access appeals commission
[16:13]
must ratify all unreasonable
[16:15]
hardship requests. Approvals in
[16:19]
san francisco. So what we really
[16:21]
wanted to get to today, in this
[16:23]
presentation for you, is the
[16:26]
actual process for unreasonable
[16:28]
hardship requests. This was kind
[16:30]
of brought up in the last
[16:32]
meeting, and additional
[16:34]
information was requested by
[16:35]
yourselves. And so we're here to
[16:37]
talk about that today. So the
[16:39]
process for unreasonable
[16:43]
hardship requests is one. Hire a
[16:45]
certified access appeals
[16:46]
specialist, architect or
[16:48]
engineer to conduct an
[16:50]
evaluation and prepare the
[16:52]
disabled access compliance
[16:55]
checklist. Two the casp
[16:57]
inspector or architect or
[16:59]
engineer submits that checklist
[17:01]
and an unreasonable hardship
[17:04]
exemption form. They then
[17:05]
prepare and submit for a
[17:07]
building permit application.
[17:09]
Cost estimates and construction
[17:12]
plans, and to make the primary
[17:14]
interest entrance accessible as
[17:16]
well as affordable alternatives
[17:18]
that MAY meet the spirit of the
[17:22]
code. So the fourth step then,
[17:25]
would be that our intake staff,
[17:27]
dbi intake staff, or the permit
[17:30]
center confirms the application
[17:32]
and submission and verifies that
[17:33]
all the materials are complete
[17:37]
for the submission. Dbi accepts
[17:39]
the permit application. We
[17:41]
conduct a plan review and we
[17:43]
provide comments pertaining to
[17:45]
the review to the design
[17:47]
professional. The architect,
[17:50]
engineer or designer revise and
[17:52]
then resubmit the application
[17:54]
and plans based upon those
[17:57]
comments. The permit is approved
[18:00]
by each relevant permitting
[18:02]
department, such as dbi
[18:04]
planning, the fire department or
[18:06]
any other departments that MAY
[18:08]
have a part in the plan review
[18:11]
based on the building type and
[18:13]
occupancy. And then dbi
[18:15]
evaluates the unreasonable
[18:17]
hardship, supporting information
[18:19]
and alternative accessibility
[18:22]
methods. Or they approve or deny
[18:25]
the request. They then inform
[18:28]
the applicant of that decision.
[18:30]
The applicant then comes back
[18:32]
and submits the unreasonable
[18:34]
hardship application or appeal
[18:36]
and supporting documentation
[18:38]
documentation to the access
[18:40]
appeals commission, and then
[18:43]
they pay the appeal fee. The
[18:45]
access appeals commission
[18:47]
secretary works with the design
[18:49]
professional to verify their
[18:50]
proposed accessibility
[18:52]
improvements are readily
[18:53]
achievable, and that the
[18:55]
financial information and cost
[18:56]
estimates that they've provided
[18:58]
as part of their appeal are
[19:02]
accurate. The item is put on the
[19:04]
arc agenda, and a hearing is
[19:06]
conducted where members MAY
[19:07]
identify additional code
[19:09]
alternatives to increase access,
[19:11]
the design professional MAY need
[19:14]
to revise plans to include any
[19:16]
requirements to ratification.
[19:19]
The access appeal commission
[19:21]
members vote to ratify or deny
[19:22]
the unreasonable hardship
[19:25]
request or appeal, and then, if
[19:27]
necessary, the plans are
[19:28]
resubmitted and evaluated. In
[19:31]
plan review, comments are issued
[19:33]
and revisions MAY be required at
[19:35]
that point based on any
[19:36]
equivalencies that the access
[19:39]
appeals commission found. And
[19:41]
once approved, the applicant
[19:42]
pays their final fees. The
[19:44]
permits are issued and work MAY
[19:47]
commence. So the number of
[19:50]
current unreasonable hardship
[19:53]
requests that we have seen come
[19:57]
through. So first, there are
[19:58]
23,522 buildings that are
[20:04]
actually within the ab program,
[20:06]
19,584 buildings, or 83% of
[20:08]
these buildings, have started or
[20:10]
completed the compliance
[20:15]
process. 404 buildings. So 1.7%
[20:16]
of the buildings that are in the
[20:19]
program have completed the
[20:20]
compliance checklist and
[20:24]
indicated on that checklist that
[20:25]
they would like to, that they
[20:26]
are noting an unreasonable
[20:31]
hardship. But of those, 137 have
[20:37]
applied for a permit. So 1.7 or
[20:39]
0.6% of those buildings have
[20:42]
applied for a permit and 14 have
[20:46]
included unreasonable hardship
[20:48]
as part of their application in
[20:50]
their scope of work. So of the
[20:52]
buildings that we have or the
[20:53]
permits that we have seen come
[20:57]
through in the program, in 14 of
[20:58]
those permit applications, we
[21:01]
have actually seen that someone
[21:03]
has requested an unreasonable
[21:09]
hardship as part of the program.
[21:11]
And that's all we have. As far
[21:16]
as an update. Okay. Thank you.
[21:17]
Is there any public comment on
[21:19]
the item that you can have a
[21:21]
seat. Then we'll do the question
[21:35]
and answer. Okay. Thank you.
[21:36]
My name is walter park. I'm a
[21:38]
member of the access appeals
[21:40]
commission. I wrote the
[21:41]
ordinance that created the
[21:42]
access appeals commission in the
[21:45]
mid 1980s, was carried by harry
[21:46]
britt, and was signed at the
[21:50]
board by PRESIDENT John
[21:52]
molinari, was approved as to
[21:54]
form by the city attorney and
[21:57]
was signed by the mayor. We are
[21:58]
scheduled to have two meetings a
[22:01]
month because we have often
[22:02]
needed to have two meetings a
[22:07]
month. The building department
[22:16]
I'd like to show this. This is
[22:17]
the three pages of their
[22:19]
powerpoint, just made into one
[22:22]
list of 14 points. I think
[22:25]
they're trying to make this
[22:26]
sound incredibly complex and in
[22:28]
fact, to make it incredibly
[22:30]
complex and difficult to deal
[22:32]
with. I pity the fact that the
[22:33]
building department is stuck
[22:34]
with such an onerous system that
[22:36]
doesn't work for anybody. But
[22:37]
who designed that onerous
[22:39]
system? The building department
[22:41]
did. This works well, perhaps
[22:43]
for the bank of america, for
[22:44]
millennium tower, for the
[22:46]
transbay terminal. It doesn't
[22:48]
work well for a nail salon
[22:50]
that's got a 500 foot square
[22:53]
foot space. We don't need all of
[22:55]
that. We don't need all of those
[22:57]
professionals. We don't need all
[22:59]
of that. Review. Some of the
[23:01]
people who testified before and
[23:03]
I are talking with supervisor
[23:05]
mandelman, and we're going to
[23:07]
propose 7 or 8 changes to this.
[23:09]
We want to get rid of half of
[23:11]
these for sure, so that this
[23:13]
system can work. Let me point
[23:18]
out one other thing. And that is
[23:20]
you keep hearing this 82%
[23:25]
success rate. Wait a minute.
[23:31]
That's based on 16,777 cases.
[23:36]
But of those, 11,800 are either
[23:39]
exempt or waived. So no access
[23:42]
was provided there. So the real
[23:44]
universe is not 23,000. It's
[23:48]
half of 23,000. That changes all
[23:49]
these numbers. It changes the
[23:51]
success rate and it changes the
[23:52]
scale of the problem. Because
[23:55]
half of the cases were
[24:02]
categorically. Dispensed with.
[24:04]
Then if you look at the number
[24:07]
of compliant cases, the total
[24:09]
number instead of 16, seven,
[24:12]
seven, seven then is 5120,
[24:13]
because we're going to subtract
[24:16]
the 11,000. So the compliant
[24:19]
cases are 5120. The non
[24:23]
compliant cases are 6749. Out of
[24:26]
that 11 some thousand. So it's
[24:28]
about 50% compliant and about
[24:33]
50% non compliant. Truly I also
[24:35]
want to point out that the
[24:37]
building department seems to
[24:38]
have a hostility toward the
[24:39]
access appeals commission, which
[24:41]
I don't understand. All the
[24:43]
delays happen in the staff
[24:44]
section of the process which
[24:46]
they've designed and they
[24:48]
implement. There are no no
[24:50]
delays happened because of the
[24:52]
commission. And I point out the
[24:53]
fact that although you're having
[24:55]
a hearing on the access appeals
[24:56]
commission, our secretary did
[24:58]
not inform us of this hearing
[25:01]
and none of you invited us, but
[25:02]
we're happy to be here. Thank
[25:06]
you. Thank you. Is there any
[25:13]
additional public comment? Okay.
[25:15]
Seeing none that the
[25:16]
commissioners have any questions
[25:22]
of staff? Yeah. I need a minute.
[25:25]
Okay, take a minute. I have a
[25:27]
question. Could for the members
[25:29]
of the access appeals board,
[25:31]
could you talk about what is
[25:35]
your scope and what. What kind
[25:37]
of some historical context for
[25:38]
what has come before you, in
[25:41]
addition to just this
[25:44]
legislation? But what else? What
[25:47]
else comes before you? We have a
[25:49]
special scope. That is, we only
[25:50]
deal with accessibility
[25:52]
questions. Other questions go to
[25:53]
board of permit appeals or to
[25:57]
you. So and we have a specialty.
[25:59]
So that's why we have two
[26:00]
designated members or people
[26:01]
with disabilities, two
[26:02]
designated members who are from
[26:04]
the construction industry. There
[26:05]
is no other commission in the
[26:07]
city that I know of that has
[26:08]
designated disabled members.
[26:10]
We're the only one that has to
[26:12]
have disability input for
[26:15]
obvious reasons. What we hear
[26:17]
are appeals from any decision of
[26:19]
the building department that
[26:21]
relate to accessibility. So if
[26:24]
an inspector decides that
[26:26]
something is okay is permissible
[26:28]
and a disabled person says, oh,
[26:31]
I can't use it, I don't think it
[26:32]
complies, they could
[26:33]
theoretically appeal to us. It
[26:36]
has never happened. What has
[26:37]
happened is the owners and the
[26:39]
tenants appealed to us over and
[26:40]
over and over. And so we're
[26:41]
starting with a building
[26:43]
department decision and then
[26:44]
trying to make something work
[26:46]
that's less expensive and that
[26:49]
the person can deal with as a
[26:50]
reasonable accommodation, not as
[26:52]
an unreasonable accommodation.
[26:56]
So our scope is, is all of that.
[26:59]
Why? There are 404 cases listed
[27:01]
here that are where someone
[27:02]
said, I want an unreasonable
[27:04]
hardship determination. And
[27:05]
we've only had two cases, I
[27:08]
don't know. I'll also point out
[27:10]
that a 404 people put that on
[27:12]
the form. I'll bet there are
[27:14]
another 800 who did not put it
[27:17]
on the form. These forms are
[27:19]
complex and difficult, and
[27:20]
people have been discouraged,
[27:22]
obviously, from coming to us
[27:25]
because we seem to be short 402
[27:28]
cases. Thank you. And then you
[27:30]
talked about this process that
[27:32]
you laid out for this particular
[27:34]
piece of legislation being more
[27:35]
cumbersome. Do you have examples
[27:43]
or of other of less stringent?
[27:47]
Of other what am I saying? What
[27:48]
are the processes that came
[27:49]
before you before that maybe
[27:53]
didn't require as many
[27:54]
professionals being involved?
[27:56]
Are there other processes that
[27:58]
you think that could be
[28:00]
replicated? Well, our bylaws
[28:02]
don't require any professional
[28:05]
input. An owner or a tenant can
[28:08]
simply appear before us and
[28:11]
bring handwritten drawings and
[28:13]
testify in their own behalf. And
[28:15]
sometimes that's very effective,
[28:17]
because a one person who owns a
[28:20]
two person shop that's 500ft!S is
[28:22]
pretty hard to say no to,
[28:24]
whereas their lawyer or their
[28:25]
architect or their casp, that's
[28:27]
a professional. We like to argue
[28:32]
with them a little more. So our
[28:33]
requirement is not that we have
[28:35]
all of this, and I'd like to see
[28:37]
where we can pull that back. I
[28:38]
mean, I have we have other
[28:40]
suggestions too. I didn't go
[28:41]
through them with you because
[28:42]
you've already made your
[28:43]
decision. So now we're trying to
[28:45]
talk with the board about making
[28:48]
changes, and I believe they will
[28:51]
because we're engaged in useful
[28:59]
discussions. Could you email
[29:00]
your bylaws to the commission
[29:02]
secretary, or do we have a copy
[29:04]
of those bylaws? I believe we
[29:06]
do. Could you provide those to
[29:08]
the commission? Thank you. Any
[29:10]
other questions? Yeah. I'm ready
[29:14]
now for the gentleman. Question
[29:16]
for you. So, you know, I'm on a
[29:18]
particular corridor often, and
[29:20]
we have a lot of those nail
[29:22]
salons you refer to and those
[29:23]
beauty salons that are 400,
[29:25]
500ft!S. Many of them have one
[29:27]
step up. You know, when they
[29:30]
built a transit line down the
[29:31]
corridor, I don't know why they
[29:32]
didn't level up the whole
[29:33]
sidewalks. They didn't. But, you
[29:35]
know, another story for another
[29:37]
day. A lot of these small
[29:38]
businesses, there's they're just
[29:40]
not going to, you know, they're
[29:42]
just hoping nobody's going to
[29:43]
rat them out or nobody's going
[29:45]
to be, you know, the drive bys
[29:47]
and stuff. What I did and I
[29:49]
worked with, I think several
[29:51]
people through dbi, is to get
[29:52]
information out to these small
[29:54]
businesses that, you know, you
[29:56]
had to get a casp inspection
[29:57]
that was like everybody said,
[29:58]
you had to get a casp
[29:59]
inspection. That's just what we
[30:01]
were told. And that's what I
[30:03]
told everybody is you had to get
[30:04]
a casp inspection. Many didn't
[30:06]
because they saw they had to
[30:08]
pay. We did have a grant program
[30:09]
at one time where we covered up
[30:11]
to like ten people, but there
[30:12]
were still far more than ten.
[30:14]
The problem or the challenge now
[30:16]
that I'm hearing is that you're
[30:19]
right on that casp inspection. I
[30:20]
don't ever remember seeing
[30:23]
anything about an opportunity to
[30:25]
appeal or an opportunity to, you
[30:27]
know, have your not day in
[30:29]
court, if you will. I mean, who
[30:30]
wants to, you know, if you've
[30:32]
got two steps leading up to your
[30:34]
doorway and you know that you,
[30:36]
the nail salon owner and I've
[30:37]
worked on some of these
[30:39]
projects, I mean, they can run
[30:41]
north of 25,000, up to 100,000
[30:43]
to get that, you know, sidewalk
[30:44]
level. They're not going to, you
[30:47]
know, they're not motivated to
[30:48]
try to fix the issue. The
[30:50]
landlord's not going to do it
[30:52]
unless, you know, they're
[30:53]
compelled to do it. So I guess
[30:55]
what I'm getting at is where did
[30:57]
we MISS, you know, from the casp
[30:59]
inspection that I was asking
[31:01]
everyone to fill out? Not
[31:03]
everybody did. What did we MISS?
[31:05]
I'm like. I mean, you're telling
[31:07]
me this is the way I'm hearing
[31:09]
this is this was a much simpler
[31:11]
process than what we were
[31:12]
rolling out to the small
[31:14]
businesses. And I feel like I
[31:15]
missed something here that I
[31:17]
have to go back to these, some
[31:18]
of these businesses and say,
[31:20]
hey, you still have and tell me
[31:22]
if I'm wrong. You still have to
[31:23]
get a casp inspection. No matter
[31:25]
what. You have to have a cast.
[31:27]
It all starts with that casp.
[31:28]
And then and it goes from there.
[31:30]
well, the code actually says it
[31:32]
can be a licensed professional.
[31:33]
It can be an architect and
[31:35]
engineer or a casp or certified
[31:38]
casp. I don't know which is
[31:42]
cheaper or easier to do. Our
[31:44]
most recent case, which is now
[31:46]
many months ago, was a place
[31:49]
where the appellant said, well,
[31:50]
to fix the sidewalk, we'd have
[31:53]
to spend $70,000. And we said,
[31:55]
don't fix the sidewalk. It's
[31:58]
very simple. They improved the
[31:59]
doorway. They made some other
[32:02]
improvements. And we just said,
[32:03]
don't do that. One advantage of
[32:04]
the appeals commission. The law
[32:06]
is a blunt instrument. It's all
[32:07]
black and white, and you can't
[32:09]
change it from minute to minute.
[32:10]
We're an appeals body. We hear
[32:12]
individual cases and we have
[32:15]
somebody say $70,000 is out of
[32:16]
our range. It'll never happen.
[32:18]
We said, right, don't do it, but
[32:21]
do do these things. And so they
[32:22]
improved the doorway, but they
[32:24]
did not do the sidewalk work.
[32:26]
The biggest impediment here
[32:29]
probably is public works. Public
[32:31]
works is pretty rigid about
[32:33]
preserving the public right of
[32:36]
way exactly as it exists. And
[32:38]
it's very expensive to do that,
[32:39]
especially if you have a if
[32:41]
you're a private owner, you're
[32:42]
responsible for your sidewalk,
[32:45]
but you don't. It's the city has
[32:47]
the right and we've had case
[32:49]
after case where we have gone
[32:50]
months with public works. And I
[32:52]
think one of the things we're
[32:54]
going to suggest is some way to
[32:57]
reduce that whole sidewalk
[33:00]
condition and either move the
[33:01]
responsibility to the city who
[33:03]
MAY choose not to fix it, or in
[33:06]
some other way, reduce the role
[33:07]
of public works. Because public
[33:09]
works, I mean, I understand what
[33:10]
they're trying to do, and it
[33:12]
works great if you're the bank
[33:14]
of america, but it doesn't work
[33:15]
very well if you're running a
[33:17]
nail salon. And that's the
[33:18]
biggest change that probably we
[33:21]
would have happen is to reduce
[33:23]
the role of public works
[33:25]
planning. Also, there are many
[33:26]
steps just in the planning
[33:28]
department review, and I don't
[33:29]
quite understand that either. I
[33:30]
think both of those could be
[33:33]
collapsed somewhat. Okay, just
[33:35]
my last comment is I just wish
[33:36]
this could be maybe repackaged
[33:39]
and reintroduced to the business
[33:41]
owners that have not complied. I
[33:43]
think most that haven't. I my
[33:45]
opinion that most that haven't
[33:46]
complied just are hoping that
[33:48]
nobody notices that they, you
[33:49]
know, and I don't blame them
[33:51]
because I have personally seen
[33:53]
that $70,000 sidewalk repair.
[33:55]
And I've seen the $30,000 front
[33:57]
entrance door, door, well, you
[34:00]
know, expanded. And I think most
[34:01]
are just hoping that they don't
[34:03]
get, you know, and we've had the
[34:05]
drive by, you know, we've had
[34:06]
all that the drive by lawsuits.
[34:08]
We've had it. So I just I just
[34:09]
kind of wish there was another
[34:11]
way to repackage this without
[34:13]
all the, as you say, all the
[34:15]
terms and all the, the, the
[34:15]
conditions and the regulations
[34:16]
and all the, the things you
[34:17]
need, the processes that you
[34:19]
need to do. Maybe there's just
[34:21]
something simple as to just, you
[34:22]
know, get, get the inspection
[34:24]
and then go right to you. So
[34:26]
I'll stop there. I appreciate
[34:29]
you a lot. I thank you. There
[34:40]
is. The. Go ahead. So I guess my
[34:42]
question and my thinking and the
[34:44]
reason that I had concerns about
[34:44]
the structure of this
[34:46]
legislation. And I think that
[34:48]
the stats that two thirds of the
[34:50]
ones who are considered
[34:52]
compliant are exempt or waived
[34:55]
proves kind of the point that
[34:57]
this is an expensive. Well,
[35:00]
let's presume that the last 15%
[35:03]
10% are exempt or waived, and
[35:06]
5%, you know, will have to come
[35:08]
into some kind of compliance.
[35:10]
And maybe it's a bigger
[35:11]
percentage. I'm just wondering,
[35:13]
like, is it better to just have
[35:15]
categorical exemptions? Like, if
[35:18]
you're this size, then you are
[35:20]
exempt because you're probably
[35:22]
going to be exempt anyways based
[35:24]
on our understanding of two
[35:25]
thirds of the people who have
[35:27]
gone through the process are
[35:28]
already exempt. It just seems
[35:30]
like it's an expensive mandate
[35:32]
when most a clear majority are
[35:33]
are exempt. And I'm wondering if
[35:36]
you have thinking based on your
[35:38]
understanding of, you know, who
[35:41]
who are you almost guaranteed to
[35:43]
exempt? Can we put that into the
[35:45]
legislation and then focus on
[35:46]
the folks who really need to
[35:48]
come into compliance? Because I
[35:50]
do think it's an it's an
[35:51]
expensive burden. If we know
[35:53]
that the clear majority have to
[35:54]
just come in and prove that
[35:55]
they're exempt or are going to
[35:56]
be waived. Well, let me point
[35:58]
out that the architect, the
[35:59]
female architect who testified
[36:01]
before you at the last meeting,
[36:03]
came up to us during the break
[36:04]
and said we were never I was
[36:06]
never told that I could how I
[36:08]
could apply for an unreasonable
[36:10]
accommodation. So she had this
[36:12]
great complaint to you. And as
[36:13]
soon as she heard that we
[36:15]
existed and what we do, she
[36:16]
said, oh, I was never informed
[36:18]
of that. So right away the
[36:19]
process just is broken. It just
[36:23]
doesn't work at all. Coming up
[36:26]
with categories that are sort of
[36:28]
sub accessible is obviously a
[36:31]
touchy thing to do. And I think
[36:32]
that's to be discussed. You
[36:33]
know, how we would handle
[36:35]
sidewalks exactly is important,
[36:38]
how to handle power door when
[36:40]
there's no side strike
[36:43]
clearance. We need to discuss if
[36:45]
we simply said any business
[36:48]
under 500ft!S is exempt. There
[36:49]
are probably times when they
[36:51]
could make it accessible by
[36:52]
spending a few hundred dollars.
[36:54]
And so I hate to give those up.
[36:55]
I'd like to actually look at
[36:57]
some cases. What we haven't done
[36:59]
is see any cases and the ones
[37:01]
that have been wavered, or the
[37:03]
ones that have applied for
[37:04]
unreasonable hardship. I'd like
[37:06]
to do a little spot check of
[37:07]
those and say, okay, what are
[37:09]
the problems? And can we find
[37:11]
some sort of categorical way to
[37:12]
reduce that? The other thing is
[37:14]
that the city could provide more
[37:16]
help. You know, we are as as
[37:16]
henry elowitz pointed out, we're
[37:18]
the only city that's doing this.
[37:20]
And he said, therefore, that's
[37:21]
bad. And I'm saying, therefore,
[37:21]
that's great because san
[37:23]
francisco has always been a
[37:25]
leader. We always do this stuff
[37:26]
first. If we make it work, other
[37:28]
cities will then make it work.
[37:31]
If we let it fail, it dies. The
[37:34]
city could. City is going to
[37:35]
hire a casp, right? What if you
[37:37]
have that casp available to
[37:40]
people who need some consulting,
[37:42]
who have drawings and
[37:43]
photographs and they say, how
[37:46]
big a job is this? Couldn't a
[37:47]
city person help them to do
[37:50]
that? Also, osb has this $10,000
[37:52]
grant. I don't know how much was
[37:54]
in the fund, but I'm reading it.
[37:56]
I noticed that the grant is only
[38:00]
available to. It is not
[38:02]
available to owners. It's
[38:04]
available to the tenant, the
[38:06]
business operator. But arnie
[38:08]
testified last time that of 197
[38:10]
cases he's worked on, the vast
[38:12]
majority were being handled by
[38:14]
the owner. So your loan program
[38:16]
doesn't apply to the very people
[38:17]
who would benefit from it. Now,
[38:19]
I understand they own a
[38:20]
building, they have real
[38:21]
property. And so maybe there's
[38:23]
some reason to stay away from
[38:24]
them. But I'd say no, that's
[38:27]
wrong. Many of these are also
[38:31]
small property owners. I'd love
[38:33]
to give you some more details as
[38:35]
it develops and see what we can
[38:39]
come up with. MR. Williams. So
[38:43]
earlier you stated of the steps
[38:45]
in the process you would
[38:49]
eliminate half of them. Identify
[38:52]
which steps you'd eliminate. No,
[38:56]
I don't think I said it's you
[38:58]
know, a part of it is technical.
[38:59]
What what how much information
[39:00]
can we get? 80% of the
[39:02]
information with 20% of the
[39:04]
effort or with 75% of the effort
[39:07]
I'd be happy with. But it's also
[39:09]
very political. The public works
[39:11]
is not going to want to hear us
[39:15]
say, forget about sidewalks and,
[39:18]
you know, so on. So that's.
[39:20]
Yeah, we'll we'll write them
[39:21]
down. We'll make it possible for
[39:22]
everybody to discuss them. But
[39:24]
right now I don't want to come
[39:29]
to any conclusions about it. I'm
[39:32]
curious what the relationship is
[39:34]
between the determinations made
[39:36]
by your board and then the
[39:39]
federal ada law. If you all
[39:41]
grant an unreasonable hardship,
[39:45]
or you come up with some sort of
[39:47]
equivalent accessibility, would
[39:50]
the small business still be at
[39:52]
risk to like a civil like
[39:54]
federal lawsuit, though? No
[39:56]
matter what we do, that's the
[39:57]
case. The building department
[40:00]
does not enforce the ada. The
[40:01]
building department enforces the
[40:02]
building code. So then, wouldn't
[40:04]
small businesses be lulled into
[40:06]
a sense of like, oh, we're safe,
[40:08]
but they could. They're still at
[40:11]
risk, right? The way the federal
[40:13]
law is written, it's not really
[40:16]
enforced locally by people like
[40:19]
you. It relies on the right of
[40:20]
private action. And so a
[40:21]
disabled person can file a
[40:23]
lawsuit. So then we get at some
[40:24]
point somebody realizes we can
[40:26]
make an industry out of this by
[40:28]
driving by and just sending a
[40:29]
letter and getting $10,000 cash
[40:31]
with no remedy. They don't they
[40:32]
don't require that it be fixed.
[40:34]
They just require they get the
[40:35]
10,000 bucks. So that's
[40:37]
horrendous. On the other hand, a
[40:39]
disabled person who lives in the
[40:41]
neighborhood probably is never
[40:43]
going to try to go through the
[40:43]
complaint process because they
[40:46]
don't know how it would work.
[40:48]
But inherent in katie's original
[40:52]
law is that we cannot absolutely
[40:53]
protect people from an ada
[40:55]
lawsuit because we don't control
[40:58]
that. What we can do is say that
[40:59]
you have made good faith efforts
[41:00]
to provide accessibility, and
[41:02]
when you are hearing an ada
[41:04]
case, the federal courts take
[41:06]
into consideration good faith
[41:09]
efforts. Most people make no
[41:10]
efforts whatsoever, and that's
[41:12]
why they get sued. In this case,
[41:14]
they can say, well, I got a
[41:15]
certification from the city that
[41:17]
says, I'm good enough given my
[41:19]
size. And should they be sued? I
[41:21]
think that's a that's a defense.
[41:24]
But no, there's no absolute
[41:26]
defense because of this. Yeah.
[41:34]
Thank you. Thank you. I'll just
[41:38]
make a comment that in general,
[41:38]
I'm very supportive of the idea,
[41:38]
especially for folks who are
[41:40]
going to get a waiver or an
[41:42]
exemption, that there is some
[41:43]
kind of other good faith effort.
[41:45]
Right? Like, I would love to see
[41:48]
an amendment or changes that
[41:51]
improve accessibility in some
[41:52]
way or another. And you gave
[41:54]
many examples at the last
[41:55]
hearing, and I those have
[41:57]
definitely stuck with me. So
[42:00]
thank you for those examples. I
[42:02]
think that we can do I think the
[42:04]
department can do a better job
[42:07]
of informing people that this
[42:13]
exists. It's a difficult thing
[42:15]
for the for the department
[42:17]
enforces black and white law
[42:20]
rules. And then there's a, an
[42:23]
appeals board that has much a
[42:26]
larger has more discretion. But
[42:28]
I think that the you know, we
[42:29]
can think about, you know,
[42:32]
working with the department on
[42:34]
educational efforts. But I think
[42:37]
the idea like the policy, I
[42:40]
think can be hopefully amended
[42:42]
if that's where you guys are
[42:44]
going with to really kind of
[42:46]
reflect the full like your, your
[42:49]
team's full thinking about what
[42:53]
is accessibility and build those
[42:56]
things in so that folks aren't
[42:58]
like small businesses, aren't
[43:00]
spending tens of thousands of
[43:02]
dollars just to get a waiver
[43:03]
signed. Right. Like, that's I
[43:04]
don't think anyone thinks that
[43:05]
that's a good a good process.
[43:08]
And I and I appreciate your kind
[43:10]
of seeing both sides of, of
[43:12]
this, of this issue and wanting
[43:15]
to, to make it smoother for, for
[43:17]
small business owners. Almost
[43:19]
never do we tell an appellant,
[43:21]
okay, just go home. We always
[43:23]
get some access out of it. We
[43:24]
always improve the level of
[43:26]
access. And let me also remind
[43:28]
you, access does not trigger
[43:29]
access. So if you get a permit
[43:31]
to change the bathroom you MAY
[43:33]
have to do the path of travel.
[43:35]
But if you get a permit to fix
[43:36]
the front door, that doesn't
[43:37]
trigger anything else. So what
[43:39]
we agree on is what they have to
[43:40]
do. They've made their good
[43:43]
faith effort. And we always get
[43:44]
some kind of improved access. If
[43:46]
it's only a doorbell to let
[43:48]
people know, okay, I can't get
[43:49]
up the eight flights of the
[43:51]
eight steps. And also we can't
[43:53]
fix the eight steps, but we know
[43:54]
you're here and we'll come to
[43:56]
you. That's the simplest. There
[43:57]
are other, you know, automatic
[43:58]
door openers when there's no
[43:59]
side strike. There are many
[44:01]
other ways that people can do
[44:03]
something less than the code
[44:05]
would prefer. Interestingly,
[44:07]
we're not bound by the code when
[44:10]
we make an agreement. That's our
[44:12]
agreement. So we can be a little
[44:14]
bit creative. And nobody has.
[44:16]
The only appeal after us is a
[44:19]
court case, and nobody's ever
[44:25]
challenged one of our decisions.
[44:29]
Okay. Other questions. Thank
[44:32]
you. Thank you. Thank you. Thank
[44:37]
you. Yes. My name is arnie
[44:40]
lerner. I'm also a member of the
[44:41]
access appeals commission. I'm
[44:45]
an architect. The one words that
[44:48]
I haven't heard anybody say at
[44:52]
all is. What walter was just
[44:54]
referring to in terms of when
[44:55]
there was steps and somebody had
[44:57]
a doorbell. And the words are
[45:00]
curbside service. If you go to
[45:03]
the to the access to the justice
[45:06]
department's website about the
[45:07]
ada, you'll find that they have
[45:08]
a number of publications that
[45:10]
they have put together just for
[45:12]
small businesses. And one of the
[45:14]
things they talk about is
[45:16]
something called curbside
[45:18]
service, something that I've
[45:19]
used a number of times. A
[45:21]
restaurant's up on the second
[45:25]
floor. There was a yogurt frozen
[45:27]
yogurt place on on market street
[45:29]
that had a step. And we weren't
[45:30]
going to change all of market
[45:32]
street. So we put in that
[45:34]
doorbell and we put in a little
[45:35]
so they could then ring somebody
[45:37]
to come out and take their order
[45:38]
and, and give them that, that
[45:40]
ice cream on the, on the
[45:43]
sidewalk. There are all kinds of
[45:46]
alternatives in terms of the
[45:50]
unreasonable hardship. Regina
[45:51]
andrizzi, who was the director
[45:54]
of the office of small business
[45:57]
back in 2018, produced this
[45:59]
paper about dealing with
[46:00]
unreasonable hardships that I'd
[46:02]
like to give to you so that
[46:03]
maybe you can make copies,
[46:05]
because I think some really
[46:07]
smart things in here that she
[46:09]
talked about that could help the
[46:11]
department in terms of dealing
[46:13]
with that. So anyway, I just
[46:15]
wanted to throw those two things
[46:21]
out there. Thank you. Yeah. Good
[46:22]
morning. My name is jerry
[46:25]
dratler. I'd like to talk about
[46:28]
meeting disclosure. So if you go
[46:31]
to the dbi and you google dbi
[46:33]
meeting calendar for DECEMBER,
[46:40]
it's blank. So that's not
[46:41]
acceptable. Thank you. You're
[46:46]
welcome. Not sure about that
[46:48]
item, but just to clarify that
[46:50]
our meetings are publicly
[46:53]
noticed and on the website and
[46:55]
available. But I'll look into
[46:57]
that issue. Make sure we're in
[46:59]
compliance. Thank you. Okay.
[47:01]
Thank you. We're on to the next
[47:04]
item. Item five update regarding
[47:06]
the status of current technical
[47:08]
services division, or tsd
[47:18]
programs.
[47:20]
Hello again, mary wilkinson
[47:22]
church, department of building
[47:25]
inspection. So I'm here today to
[47:27]
provide a quick update on our
[47:28]
compliance programs that are
[47:30]
part of our tech technical
[47:33]
services division. So dbi
[47:37]
compliance programs, they many
[47:39]
of these or they have been
[47:41]
amended into the building code
[47:42]
by the board of supervisors and
[47:45]
the mayor. They are administered
[47:47]
by permit services technical
[47:51]
services division. Currently we
[47:54]
have the soft story program,
[47:55]
accessible business entrance
[47:57]
program, facade inspection and
[48:00]
maintenance program, and we also
[48:04]
have the borp program.
[48:05]
Additionally, in the future, we
[48:07]
foresee having the concrete
[48:10]
building seismic evaluation
[48:13]
program. So for the soft story
[48:15]
program, this requires the
[48:17]
seismic retrofitting of all wood
[48:19]
frame structures with five or
[48:21]
more residential units having
[48:24]
two or more stories over a soft
[48:26]
story and permitted for
[48:28]
construction prior to 1978. So
[48:30]
the final deadline for this
[48:33]
program is SEPTEMBER 15th of
[48:35]
2021. So, you know, we have
[48:37]
surpassed the deadline. We've
[48:39]
had good compliance in the
[48:42]
program. We've had 4941
[48:48]
buildings in this program. As
[48:50]
for a total completion rate for
[48:52]
the compliance process, we've
[48:55]
met a completion rate of 94%,
[48:58]
and that is 4648 buildings that
[49:04]
have complied 293 buildings, or
[49:08]
6% of the total buildings, are
[49:10]
out of compliance. So 30 of
[49:12]
those have not applied for a
[49:15]
permit, 44 have applied for a
[49:17]
permit, but have yet to obtain
[49:21]
that permit, 174 have been
[49:22]
issued a permit but have not
[49:27]
completed the work. That's part
[49:28]
of that retrofit. And then we
[49:30]
have 45 that have not completed
[49:31]
their certificate, certificate
[49:33]
of final completion yet. So
[49:35]
they've completed the work, but
[49:36]
they have not gotten to the
[49:38]
point where they've been able to
[49:41]
actually close the permit. So
[49:43]
for the for the next program,
[49:45]
the accessible business entrance
[49:46]
program, we've had some
[49:48]
discussion about that already
[49:50]
today. The final deadline for
[49:53]
that program is SEPTEMBER 29th
[49:58]
of 25. In this program, we have
[50:02]
23,533 buildings, 19,596
[50:04]
buildings, or 83% of the
[50:06]
buildings have started or
[50:07]
completed the compliance
[50:12]
process. 3937 buildings, or 17%
[50:15]
we have not received response,
[50:20]
and then 958 buildings, or 4%
[50:23]
exceptions have been requested,
[50:27]
so 554 buildings, technical
[50:28]
infeasibility. So there's
[50:31]
actually a structural limitation
[50:34]
that creates the noncompliance
[50:38]
issue. 378 have requested on the
[50:40]
checklist a financial hardship,
[50:42]
but have not necessarily applied
[50:43]
for a permit to go through the
[50:47]
steps for the appeal. And then
[50:49]
26 qualified for both the
[50:52]
technical and feasibility or and
[50:53]
a financial hardship. And in
[50:55]
that case, the technical
[50:57]
infeasibility would prevent the
[51:00]
need for appeal. The facade
[51:02]
inspection and maintenance
[51:07]
program is it requires the
[51:08]
exterior of all buildings that
[51:11]
are five or more storeys tall to
[51:13]
be regularly inspected by a
[51:15]
california licensed architect or
[51:17]
engineer. The reporting
[51:20]
deadlines are are staggered, and
[51:24]
they are between 1231 of 21 and
[51:27]
1231 of 32, and there are
[51:29]
ongoing requirements for that
[51:34]
program. 1791 buildings in the
[51:37]
comprehensive program of five
[51:42]
stories or more, 328 started or
[51:44]
completed comprehensive
[51:46]
compliance process. That's an
[51:53]
overall percentage of 18%, 1548
[51:54]
or 82%. The deadline has not
[51:57]
passed or they they are not out
[52:01]
of compliance for their
[52:04]
comprehensive program, 255
[52:06]
buildings are also in the
[52:08]
supplemental program. This
[52:09]
program includes buildings that
[52:14]
are 15 stories or more, 38 or
[52:18]
15% started or completed the
[52:19]
supplemental compliance process,
[52:23]
and then 217 or 85%. The
[52:25]
deadline has not passed, or they
[52:27]
are not out of compliance for
[52:31]
their supplemental program. So
[52:33]
for the future, what we foresee
[52:35]
coming down the pike and we have
[52:40]
been working as a team with the
[52:47]
department of. I just lost the
[52:49]
name of the department, but we
[52:53]
have been working with the
[52:59]
department of. Excuse me. The
[53:03]
department that is working on
[53:06]
the earthquake program directly.
[53:09]
I will think of it, the office
[53:12]
of mandelman. Correct? Yes, yes.
[53:14]
Thank you so much. Sorry about
[53:15]
that. So we've been working dbi
[53:17]
has been working with the office
[53:21]
of. Resilient resiliency through
[53:26]
the earthquake program screening.
[53:28]
And mayor breed has issued an
[53:31]
executive director to draft
[53:33]
legislation mandating screening
[53:35]
of concrete buildings for
[53:38]
seismic vulnerabilities and to
[53:39]
publish retrofit standards in
[53:42]
the san francisco building code.
[53:44]
So the deadline for this was
[53:46]
ten, 16, 24. Drafts are
[53:50]
completed for both both the
[53:50]
standards and also the draft for
[53:54]
the legislation. The pending
[53:56]
these two drafts are pending.
[53:58]
Introduction to the board of
[54:01]
supervisors. And we foresee that
[54:02]
that will be introduced in the
[54:04]
new year. And then the program
[54:06]
will the screening portion of
[54:08]
the program will go into effect,
[54:15]
most likely in summer of 2025.
[54:19]
Thank you. Thank you. We'll call
[54:20]
for public comment. And then the
[54:21]
commissioners will do their
[54:23]
question and answer. Thank you.
[54:26]
So is there a public comment on
[54:30]
item five? Is there any any
[54:33]
remotely seeing. None.
[54:35]
Commissioners have any questions
[54:36]
on this or comments on this
[54:41]
item. Thank you. MISS MISS
[54:44]
church or yes yes please. You
[54:49]
can you can come back up mary. I
[54:52]
was curious. So you're how does
[54:56]
your your division refer out of
[54:59]
compliance or buildings that are
[55:01]
not are non-compliant. Do you
[55:02]
refer them to code enforcement
[55:03]
or how does enforcement work. Is
[55:05]
that performed within your
[55:06]
division or does that get
[55:08]
referred out to inspectors. So
[55:09]
it is referred to code
[55:14]
enforcement when the when a
[55:15]
building is established to be
[55:17]
out of compliance. Actually,
[55:18]
we've been working directly with
[55:22]
code enforcement on a way to
[55:24]
make some alterations to our
[55:26]
existing permitting system where
[55:28]
we can actually flag code
[55:30]
enforcement when that happens.
[55:32]
So we've been making some MISS
[55:33]
Changes in our existing
[55:34]
permitting system, and we've
[55:37]
been working with mauricio from
[55:40]
code enforcement, and we're
[55:42]
getting there. And we hope to
[55:44]
actually see that in place by
[55:45]
JANUARY. But it's going to be
[55:47]
really helpful because it will
[55:50]
be rather than sort of, you
[55:53]
know, a referral via an excel
[55:54]
spreadsheet. It will be
[55:55]
something that automatically
[55:57]
flags the inspectors, and they
[55:59]
can see the compliance history
[56:00]
on the building before they go
[56:02]
out into the field to perform
[56:03]
their inspections. That's great.
[56:05]
Thank you. Do you happen to know
[56:06]
how many notices of violation
[56:08]
have been issued on any of these
[56:10]
divisions or any of these
[56:15]
programs? Let me see. Let me
[56:25]
have that information. If you
[56:27]
don't, we can maybe get that
[56:28]
through the director at a later
[56:30]
time. Yeah, we can get them for
[56:32]
you for sure. Yeah, I can get
[56:34]
that information to you. I'm not
[56:36]
sure that I did bring it with me
[56:37]
today. No problem. Okay. All
[56:39]
right. I have a question for you
[56:40]
as well. I was wondering if
[56:43]
there's some kind of balcony
[56:45]
inspection and maintenance
[56:51]
program. Because I feel like a
[56:53]
lot of times I'm just thinking
[56:54]
of the accident that happened in
[56:57]
berkeley. I think it was
[56:58]
semi-recently. And so because of
[56:59]
that accident, I know berkeley
[57:02]
started a I think they I don't
[57:04]
know what the status is, but I
[57:05]
think they're starting like a
[57:06]
balcony maintenance program. And
[57:07]
it seems like for balconies,
[57:10]
these have been sort of after a
[57:11]
tragedy happens. And so I'm
[57:14]
wondering if maybe as part of
[57:15]
the facade inspection, there
[57:17]
should be an offshoot to
[57:18]
balconies. I don't know if this
[57:20]
is the proper forum to talk
[57:22]
about this, but just hearing you
[57:23]
speak about the facade
[57:24]
inspection made me think about
[57:25]
balconies as part of that, you
[57:28]
know, can we have a new piece of
[57:30]
legislation so we can have matt
[57:33]
green address that one for you?
[57:35]
Yeah. So there's in the san
[57:36]
francisco housing code, there's
[57:37]
existing requirement that every
[57:40]
five years the appendages for
[57:41]
residential buildings must be
[57:43]
inspected. And there's submit a
[57:44]
report to the department.
[57:46]
There's also some state law
[57:48]
requirements that we're trying
[57:50]
to wrap into that housing code
[57:51]
requirement. But I could prepare
[57:53]
a more detailed report for that
[57:55]
if you want, in a future
[58:02]
meeting. All right. Thank you.
[58:03]
Any further questions or
[58:06]
comments? I have one more
[58:08]
question. I don't know which of
[58:11]
these microphones you hear. I
[58:13]
okay, well, if you can hear me,
[58:15]
that's all that matters. I so we
[58:17]
just had this conversation about
[58:21]
the appeals and how I'm curious
[58:23]
about how materials get sent out
[58:24]
about compliance for these
[58:25]
programs. Are people aware of
[58:27]
appeals processes? Is that a is
[58:29]
there an appeals process for
[58:31]
each of these programs? And just
[58:32]
if you could speak a little bit
[58:34]
to that, especially with some of
[58:35]
these programs already, their
[58:37]
due dates have their compliance
[58:39]
dates have passed. So I'm
[58:41]
wondering like have people
[58:43]
appealed? How do we get those
[58:46]
last that last percentage into
[58:48]
compliance? Okay, so you're
[58:50]
asking about all the programs,
[58:52]
whether or not there's an appeal
[58:54]
process for each program. Yes.
[58:57]
Okay. So we do have our
[58:58]
department of building
[59:01]
inspection appeals that we use
[59:04]
as our general format or
[59:07]
platform for appeals. The access
[59:10]
appeals commission is a specific
[59:12]
commission that was, you know,
[59:15]
developed as part of the
[59:18]
development of the ab program.
[59:20]
And their appeal process is
[59:22]
specific to accessibility
[59:28]
appeals. Thank you. Can I
[59:30]
somewhat along that lines, could
[59:32]
you talk about the process for
[59:34]
the exemptions requested? You
[59:36]
said is there an internal
[59:39]
process for granting exemptions
[59:40]
for technical and feasibility or
[59:42]
financial hardship. And could
[59:43]
you talk about that. So
[59:46]
financial hardship would be the
[59:47]
unreasonable hardship. And the
[59:49]
building code does not really
[59:52]
speak to unreasonable hardship.
[59:56]
The building code has specific
[59:57]
expectations for accessibility.
[1:00:00]
But of course the building code
[1:00:02]
requires accessibility to come
[1:00:04]
along with the improvement of a
[1:00:10]
building over time. So the ab
[1:00:12]
program is actually sort of it's
[1:00:14]
part of our san francisco
[1:00:16]
building code, but it's not part
[1:00:17]
of the state building code, and
[1:00:19]
it's not a requirement of state
[1:00:22]
building code that if a building
[1:00:24]
is not being improved, that
[1:00:26]
they're required to bring the
[1:00:28]
building into compliance with
[1:00:31]
accessibility. So the access
[1:00:33]
appeals commission does hear the
[1:00:35]
unreasonable hardship requests.
[1:00:38]
However, there is building code
[1:00:41]
criteria for establishing a
[1:00:43]
technical infeasibility. So
[1:00:44]
technical and feasibility are
[1:00:46]
actually determined within the
[1:00:48]
department as part of the plan
[1:00:51]
review process. Thank you. And
[1:00:54]
the we heard, do you know and if
[1:00:55]
you don't have it with you
[1:00:58]
that's to be that's that's fine.
[1:01:01]
But we saw the public comment
[1:01:04]
that approximately two thirds of
[1:01:08]
the 83% that are compliant in
[1:01:10]
compliance were either waived or
[1:01:12]
sought to be exempt. Do you
[1:01:14]
know, can you verify that or do
[1:01:17]
you do you have any information
[1:01:18]
to collaborate? I would have to
[1:01:20]
confirm that. Take a look at the
[1:01:21]
data. Yeah, that'd be that'd be
[1:01:23]
helpful if we can get that to
[1:01:25]
the director. Thank you. I'll be
[1:01:27]
happy to do that. Thank you so
[1:01:28]
much. I have no further
[1:01:29]
questions. Anybody else? Thank
[1:01:30]
you so much for your
[1:01:32]
presentations. Thank you. Our
[1:01:34]
next item is item six.
[1:01:35]
Director's report six a
[1:01:41]
director's update. Good morning.
[1:01:43]
It's good morning, PRESIDENT
[1:01:44]
Biden administration. Members of
[1:01:45]
the moderna's vaccine. I'm
[1:01:47]
patrick o'riordan, director of
[1:01:48]
the department of building
[1:01:50]
inspection. First, I'd like to
[1:01:52]
thank PRESIDENT Alexander and
[1:01:54]
the other commissioners who
[1:01:56]
joined us this morning for our
[1:01:57]
all hands, both remotely and in
[1:02:01]
person. Twice a year, we get all
[1:02:03]
our staff together for an hour
[1:02:04]
to acknowledge new and long
[1:02:06]
tenured employees, discuss
[1:02:08]
changes at the department,
[1:02:10]
provide updates on our strategic
[1:02:12]
plan, and share data on how we
[1:02:16]
are performing. So many of our
[1:02:17]
employees are in the field or
[1:02:19]
working directly with customers,
[1:02:20]
that these meetings are really
[1:02:22]
our chance to get together,
[1:02:24]
learn about each other's work,
[1:02:27]
and really understand the impact
[1:02:29]
of the improvements that we're
[1:02:43]
making.
[1:02:44]
If you weren't able to make it
[1:02:47]
this time, I hope you will join
[1:02:48]
us for the next meeting in the
[1:02:50]
spring. Last, I want to thank
[1:02:51]
you, commissioners, for your
[1:02:53]
support and dedication to our
[1:02:55]
department and to the city. Your
[1:02:57]
willingness to dedicate your
[1:02:59]
time, energy and intelligence to
[1:03:03]
overseeing dbi is welcome and
[1:03:04]
appreciated. From your tough
[1:03:06]
questions to your thoughtful
[1:03:07]
discussions, to your ongoing
[1:03:09]
support for our efforts to
[1:03:10]
improve the department, you push
[1:03:13]
us to be better. And for that,
[1:03:16]
we're deeply grateful. Thank
[1:03:18]
you. Happy holidays from all of
[1:03:20]
us at dbi. We look forward to
[1:03:22]
working with you in the new
[1:03:24]
year. And that almost concludes
[1:03:27]
my report, because I just wanted
[1:03:29]
to mention orp is the office of
[1:03:31]
resilience and capital planning.
[1:03:34]
It's a cross-departmental agency
[1:03:38]
that that that focuses on
[1:03:40]
resilience in the both
[1:03:42]
infrastructure and in housing in
[1:03:43]
the city. So just I'm sure
[1:03:46]
you're aware of that, but I just
[1:03:48]
thought I'd mention it. So that
[1:03:52]
does conclude my report. Okay.
[1:03:56]
Thank you. Next is item six b
[1:04:14]
update on major projects.
[1:04:19]
We have the deck. It's showing
[1:04:22]
here. Sfgov. Can we get that?
[1:04:24]
Thank you. There there there
[1:04:25]
there it is. And good morning
[1:04:26]
again, commissioners. The
[1:04:28]
following slides are intended to
[1:04:29]
highlight the volume and
[1:04:31]
valuation of projects costing 5
[1:04:33]
million or more that have been
[1:04:34]
filed, issued or completed in
[1:04:37]
the past month. We will profile
[1:04:38]
a few projects that bring
[1:04:40]
especially high value in terms
[1:04:42]
of their contribution to both
[1:04:47]
housing and community assets. In
[1:04:50]
NOVEMBER of 2024, seven permit
[1:04:51]
applications with an estimated
[1:04:54]
construction value of 5 million
[1:04:57]
or more were filed with dbi. One
[1:04:59]
application was for a new three
[1:05:01]
story office building for the
[1:05:04]
new southeast treatment plant at
[1:05:06]
750 phelps street that was
[1:05:09]
valued at 75 million. Another
[1:05:11]
was for the new carpenters union
[1:05:14]
hall at 3430 three third street,
[1:05:20]
that was valued at 15.6 million.
[1:05:21]
Last month we issued one high
[1:05:24]
value permit. It was for the
[1:05:25]
conversion of the hearst
[1:05:28]
building at five third street to
[1:05:30]
a hotel. The valuation of that
[1:05:35]
project is $53.3 million. And
[1:05:37]
lastly, dbi filed two high value
[1:05:39]
permits. One was for a medical
[1:05:42]
office tenant improvement at
[1:05:44]
1635 divisadero street, which
[1:05:47]
was valued at $8.9 million, and
[1:05:49]
the other was for a new
[1:05:52]
preschool facility at 333
[1:05:54]
dolores street that was valued
[1:06:00]
at $7.5 million. Thank you.
[1:06:03]
Thank you. Thank you. Next we
[1:06:05]
have item six c update on
[1:06:06]
proposed or recently enacted
[1:06:22]
state or local legislation.
[1:06:24]
Thank you. Morning. PRESIDENT
[1:06:25]
Alexander. Commission members.
[1:06:27]
Ted hanna, legislative affairs
[1:06:28]
manager. It should be a
[1:06:31]
relatively quick update given
[1:06:32]
the legislative session is
[1:06:33]
wrapping up and folks are
[1:06:35]
gearing up for the new year, but
[1:06:36]
we can run through next slide,
[1:06:39]
please. File number 241005. This
[1:06:40]
is an ordinance adopting chapter
[1:06:42]
six through 11 of the 2022
[1:06:44]
california existing building
[1:06:45]
code. We are not planning any
[1:06:47]
amendments for that adoption. It
[1:06:48]
is being reviewed by the code
[1:06:49]
advisory committee. They've seen
[1:06:51]
this twice now but are asking
[1:06:52]
for additional time. And so
[1:06:53]
we're willing to grant that,
[1:06:55]
have it go through the
[1:06:56]
subcommittees before it reaches
[1:06:58]
you all for additional review.
[1:06:59]
Next slide please. Next is file
[1:07:01]
number 240982. This is an
[1:07:02]
ordinance amending the building,
[1:07:03]
administrative and public works
[1:07:05]
codes to remove the local
[1:07:05]
requirement for existing
[1:07:07]
buildings with a place of public
[1:07:08]
accommodation to have all
[1:07:08]
primary entries and passive
[1:07:10]
travel into the building
[1:07:11]
accessible to persons with
[1:07:13]
disabilities, or to receive a
[1:07:13]
city. Determination of
[1:07:14]
equivalent facilitation,
[1:07:15]
technical infeasibility or
[1:07:17]
unreasonable hardship. This is
[1:07:18]
the av reform ordinance that
[1:07:20]
we've been discussing that you
[1:07:21]
all reviewed back on NOVEMBER
[1:07:23]
20th. Next slide please. And the
[1:07:25]
last local ordinance is file
[1:07:27]
number 241067. This is an
[1:07:28]
ordinance allowing interim
[1:07:30]
housing in hotels and motels
[1:07:32]
without requiring a change of
[1:07:34]
use or use classification. This
[1:07:36]
is also reviewed by you all and
[1:07:38]
approved unanimously on NOVEMBER
[1:07:40]
20th. Next slide please. And
[1:07:41]
then the state legislative
[1:07:43]
calendar on JANUARY 1st, unless
[1:07:45]
otherwise indicated within a
[1:07:47]
law, those statutes will take
[1:07:48]
effect JANUARY 6th. The
[1:07:50]
legislature will reconvene
[1:07:51]
JANUARY 10th. The budget must be
[1:07:52]
submitted by the governor. The
[1:07:54]
first draft of his budget. And
[1:07:55]
then by FEBRUARY 21st, bills
[1:07:57]
will be introduced. And so we
[1:07:58]
should have a good understanding
[1:07:59]
of what's going to be pending
[1:08:01]
before us. Obviously, bills can
[1:08:02]
be cut and amended, and so we'll
[1:08:03]
have new things throughout the
[1:08:05]
legislative cycle, but we'll
[1:08:06]
have a general understanding by
[1:08:07]
FEBRUARY 21st. Happy to answer
[1:08:09]
any questions. Thank you. Thank
[1:08:15]
you. Thank you. Next is item six
[1:08:22]
d update on inspection services.
[1:08:23]
Good morning commissioners. I'm
[1:08:25]
matthew green, deputy director
[1:08:26]
for inspection services. I'm
[1:08:28]
pleased to provide an update of
[1:08:29]
the activities performance of
[1:08:32]
the inspection services division
[1:08:35]
for NOVEMBER. Next slide please.
[1:08:36]
In NOVEMBER of 2024, the
[1:08:37]
building, electrical and
[1:08:40]
plumbing divisions conducted
[1:08:43]
9254 inspections. 91% of these
[1:08:44]
inspections were conducted
[1:08:46]
within two business days of the
[1:08:48]
date requested by the customer.
[1:08:51]
Meeting our target of 90%. Next
[1:08:53]
slide. In the same month, our
[1:08:54]
housing inspection services
[1:08:56]
conducted 702 inspections, with
[1:08:58]
58 of them being the routine
[1:09:00]
inspections of residential
[1:09:01]
housing. Residential apartment
[1:09:06]
building. Sorry. Next slide. The
[1:09:07]
building, electrical and
[1:09:10]
plumbing divisions received 415
[1:09:11]
complaints. Additionally, our
[1:09:13]
code enforcement division sent
[1:09:15]
102 cases onto directors
[1:09:19]
hearings. Lastly, our housing
[1:09:22]
inspection services received 333
[1:09:24]
non life hazard complaints and
[1:09:26]
responded to 88% of them within
[1:09:28]
three business days for life
[1:09:29]
hazard and heat complaints.
[1:09:31]
Housing received 44 complaints
[1:09:34]
and responded to 84% of those
[1:09:35]
within one business day. Housing
[1:09:37]
inspection services was also
[1:09:40]
able to abate 266 cases with a
[1:09:42]
notice of violation, and sent 22
[1:09:44]
additional cases on to directors
[1:09:47]
hearing. That concludes my
[1:09:48]
report. I'm available for any
[1:09:50]
questions you MAY have. Thank
[1:09:55]
you. Thank you. Next we have six
[1:10:04]
e update on dbi finances. Good
[1:10:05]
morning commissioners. Alex
[1:10:07]
koskinen, deputy director,
[1:10:08]
administration. This month I
[1:10:11]
have a regular financial update,
[1:10:13]
some news about the budget and
[1:10:16]
some other programmatic news to
[1:10:20]
share with you. So we're five
[1:10:22]
months of the way through the
[1:10:24]
year. We will make projections
[1:10:28]
in JANUARY for six months and
[1:10:30]
then again at nine month. Next
[1:10:34]
slide please. NOVEMBER was not
[1:10:36]
our greatest month. Financially.
[1:10:38]
It was a bit slower. Hopefully
[1:10:41]
that is just slow winter time.
[1:10:43]
And it picks up especially
[1:10:44]
compared to last year. There was
[1:10:46]
one very large project last
[1:10:48]
year. So comparatively this
[1:10:49]
NOVEMBER does not look great,
[1:10:52]
but we're still on track to come
[1:10:54]
in on budget by the end of the
[1:10:57]
year. Next slide please.
[1:10:58]
Expenditures. It's still early,
[1:11:02]
but we're tracking at or below
[1:11:05]
budget for expenditures. Next
[1:11:08]
slide please. Again as as
[1:11:10]
previously mentioned this
[1:11:11]
NOVEMBER was not great. We're
[1:11:13]
still at the same number of
[1:11:14]
permits for the same time
[1:11:16]
period, the first five months of
[1:11:17]
the year as compared to last
[1:11:19]
year. However, the valuation is
[1:11:22]
now lower again due to one very
[1:11:25]
large project. Next slide
[1:11:30]
please. So I mentioned last
[1:11:31]
meeting and I'll mention again.
[1:11:33]
Now I'm very interested to hear
[1:11:35]
feedback from all commissioners
[1:11:37]
on what they would like to see
[1:11:38]
for next month's budget
[1:11:40]
presentations, what information
[1:11:44]
they're hoping to see in order
[1:11:45]
to make informed decisions in
[1:11:49]
the upcoming vote, on whether to
[1:11:52]
send the approved budget to the
[1:11:55]
board and the mayor. Mayor's
[1:11:57]
budget office has just released
[1:11:59]
budget instructions for the next
[1:12:03]
fiscal year. The. Among the main
[1:12:04]
point in their presentation was
[1:12:07]
that they are projecting a $1.5
[1:12:09]
billion deficit over the next
[1:12:12]
five years, and that is higher
[1:12:14]
than I have seen in the past.
[1:12:15]
They always project deficits and
[1:12:17]
then lower expenditures to get
[1:12:19]
that under control. But things
[1:12:22]
seem a bit worse because the
[1:12:23]
projection or the deficit has
[1:12:26]
caused at least partially by
[1:12:27]
lower revenue estimates. They're
[1:12:31]
not projecting an overall
[1:12:33]
deficit or a recession in the
[1:12:34]
economy, but they're they're
[1:12:37]
cautioning that recovery remains
[1:12:39]
slow in san francisco. And so
[1:12:41]
the general fund will not be
[1:12:45]
there to bail programs out. So
[1:12:47]
they have given instructions to
[1:12:50]
all departments citywide that
[1:12:54]
they want to see a 15% reduction
[1:12:56]
to all general fund supported
[1:12:59]
expenditures. And the cbo that
[1:13:02]
applies to dbi cbo grants, which
[1:13:04]
are dbi only general fund
[1:13:06]
supported expenditures. So we
[1:13:10]
were given the amount that will
[1:13:12]
be in the department's budget
[1:13:15]
submission. That's the $3.672
[1:13:19]
million, down from the 4.32 as
[1:13:22]
approved last year. There is a
[1:13:23]
lot of uncertainty with the
[1:13:25]
budget overall. We have a new
[1:13:26]
mayor, a new administration
[1:13:29]
coming in, so it remains to be
[1:13:31]
seen what the new administration
[1:13:33]
will do, what changes they will
[1:13:34]
make in the mayor's budget
[1:13:36]
office, what their priorities
[1:13:39]
will be. So we have I think the
[1:13:41]
whole city is in a general
[1:13:43]
holding pattern. They've been
[1:13:44]
told to make these reductions
[1:13:45]
for now, and then we will have
[1:13:47]
new conversations in the mayor's
[1:13:49]
phase of the budget with the new
[1:13:53]
administration. And also
[1:13:55]
recently, after this
[1:13:57]
presentation was developed, we
[1:13:58]
learned some news about one of
[1:14:01]
the cbos that I'd like to share,
[1:14:03]
casa justa just cause one of the
[1:14:06]
smaller psyop program cbos has
[1:14:09]
let us know that they will close
[1:14:11]
permanently and cease operations
[1:14:13]
very soon, DECEMBER 20th. So
[1:14:16]
we're meeting with them to
[1:14:17]
determine what that means, what
[1:14:19]
the impacts are. Are they
[1:14:23]
shutting down all services or
[1:14:26]
exactly what that means for the
[1:14:28]
services they provide, and
[1:14:33]
exploring options for how to how
[1:14:35]
to ensure that the service
[1:14:38]
continues to be provided. And
[1:14:40]
that's it. I'd be happy to
[1:14:43]
answer any questions. One for
[1:14:46]
me. Just one. Oh, sorry. Thank
[1:14:48]
you. Just one. Alex, it's the
[1:14:51]
same question. I think we keep
[1:14:54]
asking. We as a commission can't
[1:14:58]
change the budget. So I
[1:15:00]
recommend we can make we can
[1:15:02]
recommend or pass it with
[1:15:03]
recommendations, but we can't
[1:15:05]
change any light items. We can't
[1:15:08]
say alex, go back to the board
[1:15:09]
and like change those numbers.
[1:15:10]
Move that over there. We can't
[1:15:14]
do any of that or can we? Thank
[1:15:15]
you for bringing that up. And
[1:15:17]
sorry, I was going to mention
[1:15:19]
thank you very much, vice
[1:15:21]
PRESIDENT, for your questions
[1:15:23]
that you sent in. Hopefully you
[1:15:27]
received the responses. Correct.
[1:15:29]
The commission cannot make line
[1:15:31]
item changes to the budget. The
[1:15:33]
commission interacts with the
[1:15:34]
department through the
[1:15:35]
department heads. So the
[1:15:38]
commission would send a request
[1:15:40]
to director o'riordan through
[1:15:43]
the commission secretary, with
[1:15:47]
its priorities and wishes and
[1:15:50]
potential changes to the budget,
[1:15:52]
and to get into some of the
[1:15:53]
other questions that you had
[1:15:56]
asked. The department is one of
[1:15:57]
the earlier phases of the
[1:15:59]
budget. After the department
[1:16:00]
submits its budget, it goes to
[1:16:02]
the mayor's office. Who who
[1:16:06]
makes changes? They will submit
[1:16:08]
mayor's proposed budget on JUNE
[1:16:09]
1st. They can make any changes
[1:16:13]
they want. After that. Then the
[1:16:15]
supervisors take over and they
[1:16:17]
can make limited changes. They
[1:16:19]
can't change anything. They
[1:16:21]
can't increase the oversight
[1:16:23]
overall size of the budget. But
[1:16:25]
they make their changes. And
[1:16:29]
then it's passed by the full
[1:16:31]
board and signed by the mayor
[1:16:32]
again. So that's the order of
[1:16:34]
operations. It doesn't come back
[1:16:36]
to the budget, does not come
[1:16:38]
back to the bic after it, after
[1:16:41]
the department submission is
[1:16:45]
made in FEBRUARY. Okay. Thank
[1:16:48]
you. I think you actually
[1:16:49]
answered my question. I was
[1:16:51]
going to ask timing and phases
[1:16:53]
of this, but it sounds like we
[1:16:55]
make our recommendations in
[1:16:57]
FEBRUARY and then it kind of
[1:16:59]
goes off into other hands from
[1:17:01]
there. And we don't know until
[1:17:04]
after JUNE what the final
[1:17:07]
decisions are. Correct. The
[1:17:09]
final budget, final decisions
[1:17:14]
are made in JULY, and then the
[1:17:17]
mayor officially signs around
[1:17:25]
AUGUST 1st. Thank you. So,
[1:17:26]
commissioners, please, if you
[1:17:29]
want to see things as part of
[1:17:31]
alex's budget presentation,
[1:17:33]
please make those requests
[1:17:35]
through the secretary so that
[1:17:37]
they can he can be sure to
[1:17:39]
include those as part of his
[1:17:41]
budget presentation and some of
[1:17:45]
the background materials. Thank
[1:17:48]
you. So is there any public
[1:17:49]
comment on the director's
[1:17:52]
report? Item six a through e?
[1:17:56]
There is. I have a handout.
[1:18:12]
Thank you.
[1:18:31]
Wow.
[1:18:35]
Okay I'm ready. Thank you for
[1:18:36]
waiting. This slide is from my
[1:18:39]
NOVEMBER 24th. Excuse me 2024
[1:18:41]
presentation of inspector mark
[1:18:43]
wahl's 95 orange alley condo
[1:18:45]
project. And it deals with the
[1:18:48]
30 suppressed complaints. I sent
[1:18:51]
dbi a request for copies of the
[1:18:53]
30 suppressed complaints. When I
[1:18:55]
didn't get them, I filed
[1:18:56]
followed up with director
[1:19:00]
o'riordan, who instructed the
[1:19:03]
sunshine team to deal with my
[1:19:05]
request. They told me they don't
[1:19:07]
have the complaints. They say
[1:19:09]
the complaints are test files,
[1:19:12]
but if you look at the first
[1:19:14]
page, you know there they have
[1:19:15]
condo numbers on them. It
[1:19:18]
doesn't make any sense. Two days
[1:19:20]
ago, I asked dbi to send me the
[1:19:25]
30 test file documents and they
[1:19:27]
told me they were double
[1:19:29]
checking yesterday. They told me
[1:19:31]
they have no responsive
[1:19:34]
documents in tts. But if you see
[1:19:36]
on the right side of the screen,
[1:19:38]
I called up one of those
[1:19:41]
documents. So there are 30
[1:19:44]
documents in tts complaints with
[1:19:47]
complaint numbers. So that's not
[1:19:50]
true. I mean, this is nonsense.
[1:19:53]
This is like total freaking
[1:19:59]
nonsense. And it needs to stop.
[1:20:00]
I have one more thing I'd like
[1:20:13]
to show you.
[1:20:21]
And that is. This is the. If you
[1:20:22]
could turn the computer on. This
[1:20:28]
is the dbi meeting calendar for
[1:20:36]
DECEMBER 2024. Very useful. Not.
[1:20:41]
Thank you, thank you. Any
[1:20:43]
additional public comment in
[1:20:46]
person or remotely? Seeing none.
[1:20:47]
Item seven. Commissioners.
[1:20:50]
Questions and matters seven a
[1:20:52]
inquiries to staff. At this
[1:20:53]
time, commissioners MAY make
[1:20:55]
inquiries to staff regarding
[1:20:56]
various documents, policies,
[1:20:57]
practices and procedures which
[1:20:58]
are of interest to the
[1:21:00]
commission and seven be future
[1:21:02]
meeting and agendas. At this
[1:21:04]
time, the commission MAY discuss
[1:21:06]
and take action to set the date
[1:21:07]
of a special meeting and or
[1:21:08]
determine those items that could
[1:21:11]
be placed on the agenda of the
[1:21:13]
next meeting and other future
[1:21:14]
meetings of the building
[1:21:17]
inspection commission. The next
[1:21:19]
regular meeting will be on
[1:21:22]
january 15th, 2025. And are
[1:21:27]
there any inquiries to staff? Or
[1:21:29]
future items for the JANUARY
[1:21:38]
meeting? No. JANUARY 15th okay
[1:21:40]
okay okay. Thank you. Sorry. And
[1:21:42]
then all of you can reach out to
[1:21:44]
me if you'd like. I'm just going
[1:21:46]
to make a quick comment about
[1:21:48]
okay, go ahead. Go ahead and
[1:21:51]
speak. Just an update. I met
[1:21:53]
with matt green to talk about
[1:21:56]
our backlog on arb, so just keep
[1:22:00]
an eye out for 2025. We might be
[1:22:03]
having a few extra arb meetings
[1:22:04]
to get through that backlog.
[1:22:06]
There's been a lot of other work
[1:22:07]
done to address permits that are
[1:22:09]
moving forward and trying to
[1:22:11]
reduce the number of cases that
[1:22:14]
we have to hear, but we just
[1:22:15]
simply cannot get through all of
[1:22:17]
them if we maintain our current
[1:22:19]
cadence. So we'll have a few
[1:22:22]
extra meetings next year and
[1:22:23]
we'll be reaching out about time
[1:22:28]
that works. Okay. Thank you.
[1:22:31]
Okay. Is there any public
[1:22:34]
comment on seven a and b? Seeing
[1:22:36]
none? Item eight review and
[1:22:38]
approval of the minutes of the
[1:22:39]
regular meeting of NOVEMBER
[1:22:43]
20th, 2024. So moved. There's a
[1:22:45]
motion by PRESIDENT Alexander
[1:22:48]
two. Is there a second, second
[1:22:49]
and a second by commissioner
[1:22:51]
williams. Is there any public
[1:22:55]
comment on the minutes seeing
[1:22:56]
none? Are all commissioners in
[1:23:00]
favor? I any opposed? And the
[1:23:02]
motion carries unanimously.
[1:23:05]
Thank you. Next item nine
[1:23:06]
adjournment. Is there a motion
[1:23:08]
to adjourn? So moved. And there
[1:23:11]
a second. Second okay. All
[1:23:13]
commissioners in favor. Aye,
[1:23:16]
aye. We are now adjourned. It is
[1:23:17]
11:27 A.M. And happy holidays