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Good morning. Today is

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wednesday, DECEMBER 11th, 2024.

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This is a special meeting of the

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building inspection commission.

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I would like to remind everyone

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to please mute yourself if

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you're not speaking. The first

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item on the agenda is roll call.

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PRESIDENT Alexander. Here. Vice

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PRESIDENT Shadix. Here.

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Commissioner ming. Here.

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Commissioner williams. Here. We

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have a quorum, and commissioner

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chavez is expected. And

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commissioner newman is excused.

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Next, we have our land

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acknowledgment. The building

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inspection commission

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acknowledges that we are on the

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unceded ancestral homeland of

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the ramaytush ohlone, who are

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the original inhabitants of the

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san francisco peninsula. As the

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indigenous stewards of this

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land, and in accordance with

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their tradition, the ramaytush

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ohlone have never ceded, lost

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nor forgotten their

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responsibilities as the

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caretakers of this place, as

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well as for all peoples who

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reside in their traditional

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territory. As guests, we

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recognize that we benefit from

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living and working on the

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traditional homeland. We wish to

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pay our respects by

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acknowledging the ancestors,

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elders and relatives of the

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ramaytush ohlone community and

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by affirming their sovereign

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rights as first peoples. Thank

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you. Next, for any members of

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the public that MAY be listening

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in the public comment call in

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number is (415) 655-0001. Access

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code is. 26635399899. Okay. And

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next we have item two. President

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opening remarks. Good morning.

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Good morning commissioners.

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Director reardon, members of the

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public. Congratulations on the

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end of a big year. We've had a

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lot of accomplishments this

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year, and it can only be with

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the partnership of our staff,

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our staff leadership and our

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commission together, working

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towards common goals. And I just

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wanted to highlight some of the

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things that I think are of

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particular note. This year. And

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one of them is we accomplished

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the fee study. We have

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established the fee study to

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stabilize our finances and

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created a policy path forward to

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be able to increase those fees

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over time. And that's a very

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significant policy change that

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took both political will and

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foresight on the part of the

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department. So congratulations

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and thank you to everyone on

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that. And then of course, we

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continue to increase our

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approval rates and permits and

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streamlined the permitting

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process. And then finally we

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have. Implemented all of the

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controller's recommendations and

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got a glowing report from the

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controller's office on our

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ethical standards. And that is

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something that took an

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incredible amount of work. And

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so I just, you know, I just want

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to recognize all of that. That

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is a big accomplishment this

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year. And congratulations to

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everybody. And then as we do, we

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continue the basic work every

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day of keeping san franciscans

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safe in their houses, in their

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homes, in their apartment

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buildings and their sros and in

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their places of work and on the

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streets where they are walking

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by those buildings. So the day

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to day work continues to be

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really important, and a focus

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for the department. And I just

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want to take the time to

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recognize that at the end of the

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year. So congratulations on all

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of that, everybody. And to

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commissioners and yeah, happy

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new year. Thank you. Is there

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any public comment on the

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PRESIDENT's opening remarks?

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Seeing none, we are on item

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three. General public comment.

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The bic will take public comment

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on matters within the

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commission's jurisdiction that

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are not part of this agenda.

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Good morning. I have a handout.

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The time is set for ten minutes.

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I don't need ten minutes. I'll

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reset that. Just a moment. It

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would be nice, but

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inappropriate. If I have a

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computer presentation. Okay. I'm

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ready. Thank you. Dbi twice

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created false complaints after

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valid complaints were filed

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against susan mccormick. Taylor.

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Building permits once for a

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foundation repair permit and a

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second time for a bedroom and

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bath remodel permit. Dbi also

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improperly closed two complaints

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for submitting building permits,

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with plans that misrepresent the

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number and location of the

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existing ground floor garage

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windows. This table is from the

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building code, and it shows the

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period of time that's allowed

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for a building permit before it

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expires. Based on the value of

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the permit. A foundation repair

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permit complaint was opened 78

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days ago. It should have been

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closed. Senior inspector

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mauricio hernandez approved a

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foundation special inspection

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404 days after the foundation

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repair permit was null and void,

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and the foundation special

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inspection was approved without

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a final affidavit from the

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architect. The complaint is

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being researched by inspector

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gilbert lamb. A second

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foundation repair complaint was

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opened one month after the first

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complaint. The second complaint

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was opened by inspector sanders,

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who received the first

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complaint. We have two open

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foundation repair complaints. An

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expired bedroom and bath remodel

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complaint was improperly closed

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by inspector sanders seven days

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after it was opened. Inspector

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sanders approved an extension of

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a building permit that had been

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null and void for 127 days.

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Inspector sanders failed to sign

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the building permit extension. A

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second bedroom and bath remodel

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complaint was opened 40 days

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after the first complaint was

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closed by inspector sanders.

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This complaint is under review

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by inspector sanders, who closed

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the first complaint. Two susan

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mccormick taylor building

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permits were submitted with

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architectural plans which

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misrepresent the number and

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location of the ground floor

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windows in the picture below. In

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the picture below, you can see

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there's a red wheelbarrow.

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There's a window behind the

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wheelbarrow. There's a window to

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the left of the wheelbarrow.

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There are only two windows. The

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window above the red wheelbarrow

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is missing from the plans. The

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window to the left of the red

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wheelbarrow is two windows in

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the plan, and a window was

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inserted in the plans on the

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wall with the electrical boxes

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that's behind the blue tub.

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here's the plans. You can see

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they're wrong. Two complaints

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for inaccurate architectural

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plans were closed. Improperly

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closed. This is not good. This

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stuff needs to end. Thank you.

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Is there any additional public

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comment? Covid. Gavin newsom.

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Oops. The little thing he fell

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off. Does that matter? Can you

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pick it up? I haven't started

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your time. Okay. I want to pause

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my time. I know I haven't

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started, I've got some stuff. I

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don't want to touch it. Thank

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you. Sonia. Where is it? Right

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there. Thank you. Sonia.

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Okay. I'd like to talk about the

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hiring process. When o'riordan

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and I were hired, I was hired

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before him, and I scored higher

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on the test. We had three

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outside people from different

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jurisdictions doing the hiring.

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Now it's all inside. It appears

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to be, you know, kind of the

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good old boys club. And this is

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the announcement. O'riordan

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talks about kevin bermingham

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keeps projects moving along. You

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never want to fail an

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inspection, even if it's not per

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code. Okay. And then we have

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mauricio hernandez here and

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another mark walls. These were

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an article was in mission local

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on this. I will be referring to

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that. And mauricio hernandez,

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who is named in a lawsuit by

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dennis richards. You could that

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online mission local dennis

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richards if you google that that

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was settled in a favor for 1.8

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million for the plaintiff,

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costing the city.

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Here's another article called

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bringing down the house. It was

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in the whatever it says up

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there, the sf weekly, I believe

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this is also by the joe. Newport,

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whatever. And this is about

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where matt green went out of his

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district, into my district, and

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missed the shoring of the

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building that was supposed to, I

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believe, have around nine

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shoring. This is a santos koran.

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Bernie and matt green were all

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on this as they were on other

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projects working together. The

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building went down the hill

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because of the failed shoring.

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Matt green went out there

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several times for his friend,

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who was helping him out in the

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little situation in golden gate

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park, which he alludes to in the

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dennis richards case. There was

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nothing left of the building.

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They were supposed to keep it

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big. Tarp was put over. It was

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completely demolished. Here's

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another one naming the city

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families okaying their own

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family jobs. Joe eskenazi,

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mission local. JANUARY 8th. This

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is how the old. This is how the

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old test worked. You could see

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o'riordan came in here at number

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13 right in the middle. And then

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he told me before, we used to

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commute together that sweeney

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gave him the answers to the

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test, and he forgot one of them.

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And one of the answers was, or

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00:12:05,320 --> 00:12:07,689
one of the questions was, what

285
00:12:07,689 --> 00:12:08,923
do you do with an employee who

286
00:12:08,923 --> 00:12:11,580
is not performing right? He

287
00:12:11,580 --> 00:12:12,326
said, you kind of counsel him or

288
00:12:12,326 --> 00:12:14,328
something like that. He told me

289
00:12:14,328 --> 00:12:16,630
sweeney had to write it down on

290
00:12:16,630 --> 00:12:18,199
a piece of paper and shove it

291
00:12:18,199 --> 00:12:19,366
over for him to read. He goes,

292
00:12:19,366 --> 00:12:21,303
no, you need. And it said, you

293
00:12:21,303 --> 00:12:22,804
need to document everything.

294
00:12:22,804 --> 00:12:25,173
Here's the score he got on that

295
00:12:25,173 --> 00:12:26,608
test overhead, please. You can

296
00:12:26,608 --> 00:12:28,343
wrap up your comments, sir. I'm

297
00:12:28,343 --> 00:12:30,178
wrapping it up. The timer is up

298
00:12:30,178 --> 00:12:32,313
so you can say your last. Oh

299
00:12:32,313 --> 00:12:35,249
it's up okay. Last. The

300
00:12:35,249 --> 00:12:37,451
sprinklers are all abated. On to

301
00:12:37,451 --> 00:12:38,352
russo and sso and 3030

302
00:12:38,352 --> 00:12:40,588
california by newly appointed

303
00:12:40,588 --> 00:12:42,988
permanent chief hernandez. Thank

304
00:12:44,492 --> 00:12:48,920
you. Thank you. Are there any

305
00:12:48,129 --> 00:12:50,298
additional public comment? Okay.

306
00:12:50,298 --> 00:12:51,366
Seeing none, we're on to item

307
00:12:51,366 --> 00:12:53,434
four update on the access

308
00:12:53,434 --> 00:12:55,336
appeals commission and an

309
00:12:55,336 --> 00:12:57,736
overview regarding the appeal

310
00:13:11,486 --> 00:13:13,486
process.

311
00:13:15,791 --> 00:13:17,459
Good morning everyone. I'm mary

312
00:13:17,459 --> 00:13:19,859
wilkinson, church department of

313
00:13:20,328 --> 00:13:23,328
building inspection. We do have

314
00:13:24,465 --> 00:13:28,650
a powerpoint to go along with

315
00:13:28,736 --> 00:13:30,238
this. Okay. So the access

316
00:13:30,238 --> 00:13:31,674
appeals commission was

317
00:13:31,674 --> 00:13:34,674
established by the san francisco

318
00:13:35,644 --> 00:13:37,790
building code, section 105.3.

319
00:13:37,790 --> 00:13:39,479
The access appeals commission

320
00:13:39,514 --> 00:13:41,750
hears appeals of dbi decisions

321
00:13:41,750 --> 00:13:43,618
on the enforcement of disabled

322
00:13:43,618 --> 00:13:46,180
access and the adaptability

323
00:13:46,870 --> 00:13:47,556
provisions of the code. The

324
00:13:47,556 --> 00:13:49,292
commission MAY also make

325
00:13:49,292 --> 00:13:51,292
determinations on code

326
00:13:52,561 --> 00:13:54,163
equivalences, technical and

327
00:13:54,163 --> 00:13:56,563
unreasonable hardship, as well

328
00:13:57,199 --> 00:13:58,801
as time extensions. The

329
00:13:58,801 --> 00:14:00,602
committee is comprised of five

330
00:14:00,602 --> 00:14:02,571
members, each with a four year

331
00:14:02,571 --> 00:14:04,739
term. Two members do have a

332
00:14:04,739 --> 00:14:06,542
physical disability. Two members

333
00:14:06,542 --> 00:14:08,942
are with the construction

334
00:14:09,145 --> 00:14:12,715
industry and one member is of

335
00:14:12,715 --> 00:14:14,830
the general public. So the

336
00:14:14,830 --> 00:14:16,385
background for the accessible

337
00:14:16,385 --> 00:14:18,487
business entrance program is

338
00:14:18,487 --> 00:14:20,923
that it was established by city

339
00:14:20,923 --> 00:14:22,124
ordinance in 2016, and it's

340
00:14:22,124 --> 00:14:24,524
administered by the department

341
00:14:24,627 --> 00:14:27,270
of building inspection. The

342
00:14:27,396 --> 00:14:29,632
program requires places of

343
00:14:29,632 --> 00:14:32,168
public accommodation to have all

344
00:14:32,168 --> 00:14:33,536
primary entries and passive

345
00:14:33,536 --> 00:14:35,771
travel into a building, be

346
00:14:35,771 --> 00:14:38,171
accessible by persons with

347
00:14:39,741 --> 00:14:41,144
disabilities. The ab program has

348
00:14:41,144 --> 00:14:42,946
four building categories

349
00:14:42,946 --> 00:14:45,346
indicating the barriers of

350
00:14:46,282 --> 00:14:48,682
disability access. The primary

351
00:14:48,851 --> 00:14:51,253
entry. The first category is

352
00:14:51,253 --> 00:14:53,823
that the primary entry already

353
00:14:53,823 --> 00:14:55,991
complies. The second category is

354
00:14:55,991 --> 00:14:58,930
that there are no steps to the

355
00:14:58,930 --> 00:15:00,530
primary entry, and one or more

356
00:15:00,530 --> 00:15:03,199
of elements to the entry do not

357
00:15:03,199 --> 00:15:06,199
comply with the requirements for

358
00:15:06,402 --> 00:15:08,402
accessibility. Category three.

359
00:15:08,604 --> 00:15:10,306
There is a step to the primary

360
00:15:10,306 --> 00:15:12,174
entry and one or more elements

361
00:15:12,174 --> 00:15:14,430
of the entry do not comply with

362
00:15:14,430 --> 00:15:15,440
the requirements for

363
00:15:15,440 --> 00:15:16,413
accessibility. And then of

364
00:15:16,413 --> 00:15:18,315
course, category four is that

365
00:15:18,315 --> 00:15:20,116
the building has a primary entry

366
00:15:20,116 --> 00:15:21,418
with more than one steps, and

367
00:15:21,418 --> 00:15:23,253
the elements of the injury do

368
00:15:23,253 --> 00:15:25,653
not comply with code

369
00:15:26,556 --> 00:15:28,391
requirements. So the role of the

370
00:15:28,391 --> 00:15:30,791
access appeals commission within

371
00:15:31,227 --> 00:15:34,131
the ab program building subject

372
00:15:34,131 --> 00:15:37,731
to the program, can file for

373
00:15:38,670 --> 00:15:40,270
exemptions and claiming for

374
00:15:40,270 --> 00:15:42,105
requesting equivalencies for

375
00:15:42,105 --> 00:15:43,907
facilitation, technical

376
00:15:43,907 --> 00:15:45,907
infeasibility or unreasonable

377
00:15:49,212 --> 00:15:52,212
hardship as defined in sfbc 11

378
00:15:53,984 --> 00:15:55,485
05.1 through 11 05.3. The access

379
00:15:55,485 --> 00:15:57,487
appeals commission is involved

380
00:15:57,487 --> 00:15:59,289
in all exemption pathways,

381
00:15:59,289 --> 00:16:01,910
including setting the standards

382
00:16:01,910 --> 00:16:03,910
for equivalent facilities,

383
00:16:03,827 --> 00:16:05,827
facilitation, ratifying

384
00:16:06,129 --> 00:16:07,297
nonstructural technical and

385
00:16:07,297 --> 00:16:09,297
feasibility claims, and

386
00:16:09,366 --> 00:16:11,135
determining financial hardships.

387
00:16:11,135 --> 00:16:13,270
So the access appeals commission

388
00:16:13,270 --> 00:16:15,539
must ratify all unreasonable

389
00:16:15,539 --> 00:16:17,939
hardship requests. Approvals in

390
00:16:19,476 --> 00:16:21,678
san francisco. So what we really

391
00:16:21,678 --> 00:16:23,112
wanted to get to today, in this

392
00:16:23,112 --> 00:16:26,112
presentation for you, is the

393
00:16:26,317 --> 00:16:28,319
actual process for unreasonable

394
00:16:28,319 --> 00:16:30,187
hardship requests. This was kind

395
00:16:30,187 --> 00:16:32,560
of brought up in the last

396
00:16:32,560 --> 00:16:34,560
meeting, and additional

397
00:16:34,525 --> 00:16:35,959
information was requested by

398
00:16:35,959 --> 00:16:37,827
yourselves. And so we're here to

399
00:16:37,827 --> 00:16:39,529
talk about that today. So the

400
00:16:39,529 --> 00:16:41,529
process for unreasonable

401
00:16:43,200 --> 00:16:45,336
hardship requests is one. Hire a

402
00:16:45,336 --> 00:16:46,870
certified access appeals

403
00:16:46,870 --> 00:16:48,870
specialist, architect or

404
00:16:48,939 --> 00:16:50,441
engineer to conduct an

405
00:16:50,441 --> 00:16:52,776
evaluation and prepare the

406
00:16:52,776 --> 00:16:54,776
disabled access compliance

407
00:16:55,379 --> 00:16:57,247
checklist. Two the casp

408
00:16:57,247 --> 00:16:59,449
inspector or architect or

409
00:16:59,449 --> 00:17:01,586
engineer submits that checklist

410
00:17:01,586 --> 00:17:03,986
and an unreasonable hardship

411
00:17:04,522 --> 00:17:05,923
exemption form. They then

412
00:17:05,923 --> 00:17:07,725
prepare and submit for a

413
00:17:07,725 --> 00:17:09,725
building permit application.

414
00:17:09,793 --> 00:17:12,193
Cost estimates and construction

415
00:17:12,363 --> 00:17:14,932
plans, and to make the primary

416
00:17:14,932 --> 00:17:16,934
interest entrance accessible as

417
00:17:16,934 --> 00:17:18,870
well as affordable alternatives

418
00:17:18,870 --> 00:17:22,907
that MAY meet the spirit of the

419
00:17:22,907 --> 00:17:25,643
code. So the fourth step then,

420
00:17:25,643 --> 00:17:27,911
would be that our intake staff,

421
00:17:27,911 --> 00:17:30,140
dbi intake staff, or the permit

422
00:17:30,140 --> 00:17:32,149
center confirms the application

423
00:17:32,149 --> 00:17:33,984
and submission and verifies that

424
00:17:33,984 --> 00:17:36,984
all the materials are complete

425
00:17:37,655 --> 00:17:39,357
for the submission. Dbi accepts

426
00:17:39,357 --> 00:17:41,192
the permit application. We

427
00:17:41,192 --> 00:17:43,227
conduct a plan review and we

428
00:17:43,227 --> 00:17:45,627
provide comments pertaining to

429
00:17:45,763 --> 00:17:47,999
the review to the design

430
00:17:47,999 --> 00:17:49,999
professional. The architect,

431
00:17:50,134 --> 00:17:52,670
engineer or designer revise and

432
00:17:52,670 --> 00:17:54,940
then resubmit the application

433
00:17:54,940 --> 00:17:57,708
and plans based upon those

434
00:17:57,708 --> 00:18:00,780
comments. The permit is approved

435
00:18:00,780 --> 00:18:02,146
by each relevant permitting

436
00:18:02,146 --> 00:18:04,315
department, such as dbi

437
00:18:04,315 --> 00:18:06,717
planning, the fire department or

438
00:18:06,717 --> 00:18:08,386
any other departments that MAY

439
00:18:08,386 --> 00:18:11,323
have a part in the plan review

440
00:18:11,323 --> 00:18:13,191
based on the building type and

441
00:18:13,191 --> 00:18:15,930
occupancy. And then dbi

442
00:18:15,930 --> 00:18:17,930
evaluates the unreasonable

443
00:18:17,195 --> 00:18:19,195
hardship, supporting information

444
00:18:19,698 --> 00:18:21,698
and alternative accessibility

445
00:18:22,633 --> 00:18:25,403
methods. Or they approve or deny

446
00:18:25,403 --> 00:18:28,403
the request. They then inform

447
00:18:28,673 --> 00:18:30,609
the applicant of that decision.

448
00:18:30,609 --> 00:18:32,344
The applicant then comes back

449
00:18:32,344 --> 00:18:34,744
and submits the unreasonable

450
00:18:34,913 --> 00:18:36,948
hardship application or appeal

451
00:18:36,948 --> 00:18:38,490
and supporting documentation

452
00:18:38,490 --> 00:18:40,449
documentation to the access

453
00:18:40,518 --> 00:18:42,918
appeals commission, and then

454
00:18:43,540 --> 00:18:45,657
they pay the appeal fee. The

455
00:18:45,657 --> 00:18:47,392
access appeals commission

456
00:18:47,392 --> 00:18:49,228
secretary works with the design

457
00:18:49,228 --> 00:18:50,696
professional to verify their

458
00:18:50,696 --> 00:18:52,696
proposed accessibility

459
00:18:52,831 --> 00:18:53,899
improvements are readily

460
00:18:53,899 --> 00:18:55,667
achievable, and that the

461
00:18:55,667 --> 00:18:56,868
financial information and cost

462
00:18:56,868 --> 00:18:58,970
estimates that they've provided

463
00:18:58,970 --> 00:19:02,540
as part of their appeal are

464
00:19:02,540 --> 00:19:04,643
accurate. The item is put on the

465
00:19:04,643 --> 00:19:06,145
arc agenda, and a hearing is

466
00:19:06,145 --> 00:19:07,580
conducted where members MAY

467
00:19:07,580 --> 00:19:09,580
identify additional code

468
00:19:09,682 --> 00:19:11,450
alternatives to increase access,

469
00:19:11,450 --> 00:19:14,190
the design professional MAY need

470
00:19:14,190 --> 00:19:16,922
to revise plans to include any

471
00:19:16,922 --> 00:19:18,922
requirements to ratification.

472
00:19:19,570 --> 00:19:21,360
The access appeal commission

473
00:19:21,360 --> 00:19:22,695
members vote to ratify or deny

474
00:19:22,695 --> 00:19:24,695
the unreasonable hardship

475
00:19:25,898 --> 00:19:27,333
request or appeal, and then, if

476
00:19:27,333 --> 00:19:28,934
necessary, the plans are

477
00:19:28,934 --> 00:19:31,170
resubmitted and evaluated. In

478
00:19:31,170 --> 00:19:33,380
plan review, comments are issued

479
00:19:33,380 --> 00:19:35,240
and revisions MAY be required at

480
00:19:35,240 --> 00:19:36,441
that point based on any

481
00:19:36,441 --> 00:19:38,841
equivalencies that the access

482
00:19:39,212 --> 00:19:41,470
appeals commission found. And

483
00:19:41,470 --> 00:19:42,815
once approved, the applicant

484
00:19:42,815 --> 00:19:44,984
pays their final fees. The

485
00:19:44,984 --> 00:19:47,920
permits are issued and work MAY

486
00:19:47,920 --> 00:19:50,222
commence. So the number of

487
00:19:50,222 --> 00:19:52,222
current unreasonable hardship

488
00:19:53,325 --> 00:19:56,925
requests that we have seen come

489
00:19:57,597 --> 00:19:58,831
through. So first, there are

490
00:19:58,831 --> 00:20:00,831
23,522 buildings that are

491
00:20:04,236 --> 00:20:06,505
actually within the ab program,

492
00:20:06,505 --> 00:20:08,505
19,584 buildings, or 83% of

493
00:20:08,874 --> 00:20:10,576
these buildings, have started or

494
00:20:10,576 --> 00:20:12,576
completed the compliance

495
00:20:15,150 --> 00:20:16,749
process. 404 buildings. So 1.7%

496
00:20:16,749 --> 00:20:19,218
of the buildings that are in the

497
00:20:19,218 --> 00:20:20,653
program have completed the

498
00:20:20,653 --> 00:20:22,653
compliance checklist and

499
00:20:24,815 --> 00:20:25,840
indicated on that checklist that

500
00:20:25,840 --> 00:20:26,926
they would like to, that they

501
00:20:26,926 --> 00:20:29,326
are noting an unreasonable

502
00:20:31,931 --> 00:20:34,931
hardship. But of those, 137 have

503
00:20:37,103 --> 00:20:39,105
applied for a permit. So 1.7 or

504
00:20:39,105 --> 00:20:41,505
0.6% of those buildings have

505
00:20:42,875 --> 00:20:46,279
applied for a permit and 14 have

506
00:20:46,279 --> 00:20:48,279
included unreasonable hardship

507
00:20:48,448 --> 00:20:50,250
as part of their application in

508
00:20:50,250 --> 00:20:52,385
their scope of work. So of the

509
00:20:52,385 --> 00:20:53,987
buildings that we have or the

510
00:20:53,987 --> 00:20:57,570
permits that we have seen come

511
00:20:57,570 --> 00:20:58,491
through in the program, in 14 of

512
00:20:58,491 --> 00:21:00,891
those permit applications, we

513
00:21:01,940 --> 00:21:03,229
have actually seen that someone

514
00:21:03,229 --> 00:21:05,629
has requested an unreasonable

515
00:21:09,636 --> 00:21:11,438
hardship as part of the program.

516
00:21:11,438 --> 00:21:15,638
And that's all we have. As far

517
00:21:16,543 --> 00:21:17,177
as an update. Okay. Thank you.

518
00:21:17,177 --> 00:21:19,979
Is there any public comment on

519
00:21:19,979 --> 00:21:21,714
the item that you can have a

520
00:21:21,714 --> 00:21:25,314
seat. Then we'll do the question

521
00:21:35,610 --> 00:21:36,763
and answer. Okay. Thank you.

522
00:21:36,763 --> 00:21:38,365
My name is walter park. I'm a

523
00:21:38,365 --> 00:21:40,133
member of the access appeals

524
00:21:40,133 --> 00:21:41,402
commission. I wrote the

525
00:21:41,402 --> 00:21:42,303
ordinance that created the

526
00:21:42,303 --> 00:21:45,303
access appeals commission in the

527
00:21:45,639 --> 00:21:46,240
mid 1980s, was carried by harry

528
00:21:46,240 --> 00:21:49,840
britt, and was signed at the

529
00:21:50,277 --> 00:21:52,579
board by PRESIDENT John

530
00:21:52,579 --> 00:21:54,714
molinari, was approved as to

531
00:21:54,714 --> 00:21:57,550
form by the city attorney and

532
00:21:57,550 --> 00:21:58,952
was signed by the mayor. We are

533
00:21:58,952 --> 00:22:01,880
scheduled to have two meetings a

534
00:22:01,880 --> 00:22:02,289
month because we have often

535
00:22:02,289 --> 00:22:05,889
needed to have two meetings a

536
00:22:07,194 --> 00:22:09,594
month. The building department

537
00:22:16,737 --> 00:22:17,905
I'd like to show this. This is

538
00:22:17,905 --> 00:22:19,607
the three pages of their

539
00:22:19,607 --> 00:22:22,343
powerpoint, just made into one

540
00:22:22,343 --> 00:22:25,246
list of 14 points. I think

541
00:22:25,246 --> 00:22:26,713
they're trying to make this

542
00:22:26,713 --> 00:22:28,782
sound incredibly complex and in

543
00:22:28,782 --> 00:22:30,284
fact, to make it incredibly

544
00:22:30,284 --> 00:22:32,286
complex and difficult to deal

545
00:22:32,286 --> 00:22:33,188
with. I pity the fact that the

546
00:22:33,188 --> 00:22:34,955
building department is stuck

547
00:22:34,955 --> 00:22:36,324
with such an onerous system that

548
00:22:36,324 --> 00:22:37,858
doesn't work for anybody. But

549
00:22:37,858 --> 00:22:39,293
who designed that onerous

550
00:22:39,293 --> 00:22:41,693
system? The building department

551
00:22:41,795 --> 00:22:43,664
did. This works well, perhaps

552
00:22:43,664 --> 00:22:44,732
for the bank of america, for

553
00:22:44,732 --> 00:22:46,900
millennium tower, for the

554
00:22:46,900 --> 00:22:48,903
transbay terminal. It doesn't

555
00:22:48,903 --> 00:22:50,671
work well for a nail salon

556
00:22:50,671 --> 00:22:53,671
that's got a 500 foot square

557
00:22:53,874 --> 00:22:55,810
foot space. We don't need all of

558
00:22:55,810 --> 00:22:57,412
that. We don't need all of those

559
00:22:57,412 --> 00:22:59,380
professionals. We don't need all

560
00:22:59,380 --> 00:23:01,282
of that. Review. Some of the

561
00:23:01,282 --> 00:23:03,350
people who testified before and

562
00:23:03,350 --> 00:23:05,190
I are talking with supervisor

563
00:23:05,190 --> 00:23:07,454
mandelman, and we're going to

564
00:23:07,454 --> 00:23:09,824
propose 7 or 8 changes to this.

565
00:23:09,824 --> 00:23:11,292
We want to get rid of half of

566
00:23:11,292 --> 00:23:13,861
these for sure, so that this

567
00:23:13,861 --> 00:23:17,461
system can work. Let me point

568
00:23:18,900 --> 00:23:20,701
out one other thing. And that is

569
00:23:20,701 --> 00:23:23,101
you keep hearing this 82%

570
00:23:25,707 --> 00:23:28,707
success rate. Wait a minute.

571
00:23:31,512 --> 00:23:33,912
That's based on 16,777 cases.

572
00:23:36,618 --> 00:23:39,487
But of those, 11,800 are either

573
00:23:39,487 --> 00:23:42,290
exempt or waived. So no access

574
00:23:42,290 --> 00:23:44,826
was provided there. So the real

575
00:23:44,826 --> 00:23:47,226
universe is not 23,000. It's

576
00:23:48,563 --> 00:23:49,898
half of 23,000. That changes all

577
00:23:49,898 --> 00:23:51,199
these numbers. It changes the

578
00:23:51,199 --> 00:23:52,734
success rate and it changes the

579
00:23:52,734 --> 00:23:55,303
scale of the problem. Because

580
00:23:55,303 --> 00:23:58,303
half of the cases were

581
00:24:02,511 --> 00:24:04,511
categorically. Dispensed with.

582
00:24:04,947 --> 00:24:07,949
Then if you look at the number

583
00:24:07,949 --> 00:24:09,351
of compliant cases, the total

584
00:24:09,351 --> 00:24:11,751
number instead of 16, seven,

585
00:24:12,587 --> 00:24:13,989
seven, seven then is 5120,

586
00:24:13,989 --> 00:24:16,958
because we're going to subtract

587
00:24:16,958 --> 00:24:19,328
the 11,000. So the compliant

588
00:24:19,328 --> 00:24:21,728
cases are 5120. The non

589
00:24:23,766 --> 00:24:26,268
compliant cases are 6749. Out of

590
00:24:26,268 --> 00:24:28,737
that 11 some thousand. So it's

591
00:24:28,737 --> 00:24:31,137
about 50% compliant and about

592
00:24:33,809 --> 00:24:35,911
50% non compliant. Truly I also

593
00:24:35,911 --> 00:24:37,120
want to point out that the

594
00:24:37,120 --> 00:24:38,347
building department seems to

595
00:24:38,347 --> 00:24:39,181
have a hostility toward the

596
00:24:39,181 --> 00:24:41,350
access appeals commission, which

597
00:24:41,350 --> 00:24:43,452
I don't understand. All the

598
00:24:43,452 --> 00:24:44,753
delays happen in the staff

599
00:24:44,753 --> 00:24:46,388
section of the process which

600
00:24:46,388 --> 00:24:48,490
they've designed and they

601
00:24:48,490 --> 00:24:50,358
implement. There are no no

602
00:24:50,358 --> 00:24:52,427
delays happened because of the

603
00:24:52,427 --> 00:24:53,996
commission. And I point out the

604
00:24:53,996 --> 00:24:55,831
fact that although you're having

605
00:24:55,831 --> 00:24:56,832
a hearing on the access appeals

606
00:24:56,832 --> 00:24:58,634
commission, our secretary did

607
00:24:58,634 --> 00:25:01,170
not inform us of this hearing

608
00:25:01,170 --> 00:25:02,437
and none of you invited us, but

609
00:25:02,437 --> 00:25:06,370
we're happy to be here. Thank

610
00:25:06,775 --> 00:25:10,375
you. Thank you. Is there any

611
00:25:13,716 --> 00:25:15,170
additional public comment? Okay.

612
00:25:15,170 --> 00:25:16,819
Seeing none that the

613
00:25:16,819 --> 00:25:19,219
commissioners have any questions

614
00:25:22,658 --> 00:25:25,127
of staff? Yeah. I need a minute.

615
00:25:25,127 --> 00:25:27,729
Okay, take a minute. I have a

616
00:25:27,729 --> 00:25:29,499
question. Could for the members

617
00:25:29,499 --> 00:25:31,801
of the access appeals board,

618
00:25:31,801 --> 00:25:35,271
could you talk about what is

619
00:25:35,271 --> 00:25:37,640
your scope and what. What kind

620
00:25:37,640 --> 00:25:38,908
of some historical context for

621
00:25:38,908 --> 00:25:41,811
what has come before you, in

622
00:25:41,811 --> 00:25:44,790
addition to just this

623
00:25:44,790 --> 00:25:47,790
legislation? But what else? What

624
00:25:47,116 --> 00:25:49,552
else comes before you? We have a

625
00:25:49,552 --> 00:25:50,220
special scope. That is, we only

626
00:25:50,220 --> 00:25:52,220
deal with accessibility

627
00:25:52,255 --> 00:25:53,956
questions. Other questions go to

628
00:25:53,956 --> 00:25:57,556
board of permit appeals or to

629
00:25:57,693 --> 00:25:59,228
you. So and we have a specialty.

630
00:25:59,228 --> 00:26:00,596
So that's why we have two

631
00:26:00,596 --> 00:26:01,330
designated members or people

632
00:26:01,330 --> 00:26:02,999
with disabilities, two

633
00:26:02,999 --> 00:26:04,534
designated members who are from

634
00:26:04,534 --> 00:26:05,469
the construction industry. There

635
00:26:05,469 --> 00:26:07,771
is no other commission in the

636
00:26:07,771 --> 00:26:08,938
city that I know of that has

637
00:26:08,938 --> 00:26:10,840
designated disabled members.

638
00:26:10,840 --> 00:26:12,175
We're the only one that has to

639
00:26:12,175 --> 00:26:14,575
have disability input for

640
00:26:15,345 --> 00:26:17,180
obvious reasons. What we hear

641
00:26:17,180 --> 00:26:19,150
are appeals from any decision of

642
00:26:19,150 --> 00:26:21,415
the building department that

643
00:26:21,652 --> 00:26:24,254
relate to accessibility. So if

644
00:26:24,254 --> 00:26:26,654
an inspector decides that

645
00:26:26,756 --> 00:26:28,258
something is okay is permissible

646
00:26:28,258 --> 00:26:31,127
and a disabled person says, oh,

647
00:26:31,127 --> 00:26:32,195
I can't use it, I don't think it

648
00:26:32,195 --> 00:26:33,563
complies, they could

649
00:26:33,563 --> 00:26:36,990
theoretically appeal to us. It

650
00:26:36,990 --> 00:26:37,533
has never happened. What has

651
00:26:37,533 --> 00:26:39,436
happened is the owners and the

652
00:26:39,436 --> 00:26:40,470
tenants appealed to us over and

653
00:26:40,470 --> 00:26:41,571
over and over. And so we're

654
00:26:41,571 --> 00:26:43,239
starting with a building

655
00:26:43,239 --> 00:26:44,474
department decision and then

656
00:26:44,474 --> 00:26:46,743
trying to make something work

657
00:26:46,743 --> 00:26:49,179
that's less expensive and that

658
00:26:49,179 --> 00:26:50,347
the person can deal with as a

659
00:26:50,347 --> 00:26:52,182
reasonable accommodation, not as

660
00:26:52,182 --> 00:26:54,182
an unreasonable accommodation.

661
00:26:56,253 --> 00:26:59,523
So our scope is, is all of that.

662
00:26:59,523 --> 00:27:01,391
Why? There are 404 cases listed

663
00:27:01,391 --> 00:27:02,726
here that are where someone

664
00:27:02,726 --> 00:27:04,561
said, I want an unreasonable

665
00:27:04,561 --> 00:27:05,929
hardship determination. And

666
00:27:05,929 --> 00:27:08,832
we've only had two cases, I

667
00:27:08,832 --> 00:27:10,133
don't know. I'll also point out

668
00:27:10,133 --> 00:27:12,680
that a 404 people put that on

669
00:27:12,680 --> 00:27:14,370
the form. I'll bet there are

670
00:27:14,370 --> 00:27:17,108
another 800 who did not put it

671
00:27:17,108 --> 00:27:19,376
on the form. These forms are

672
00:27:19,376 --> 00:27:20,811
complex and difficult, and

673
00:27:20,811 --> 00:27:22,179
people have been discouraged,

674
00:27:22,179 --> 00:27:25,179
obviously, from coming to us

675
00:27:25,182 --> 00:27:28,585
because we seem to be short 402

676
00:27:28,585 --> 00:27:30,855
cases. Thank you. And then you

677
00:27:30,855 --> 00:27:32,690
talked about this process that

678
00:27:32,690 --> 00:27:34,580
you laid out for this particular

679
00:27:34,580 --> 00:27:35,860
piece of legislation being more

680
00:27:35,860 --> 00:27:38,860
cumbersome. Do you have examples

681
00:27:43,400 --> 00:27:47,000
or of other of less stringent?

682
00:27:47,237 --> 00:27:48,473
Of other what am I saying? What

683
00:27:48,473 --> 00:27:49,907
are the processes that came

684
00:27:49,907 --> 00:27:52,907
before you before that maybe

685
00:27:53,770 --> 00:27:54,879
didn't require as many

686
00:27:54,879 --> 00:27:56,347
professionals being involved?

687
00:27:56,347 --> 00:27:58,150
Are there other processes that

688
00:27:58,150 --> 00:28:00,840
you think that could be

689
00:28:00,840 --> 00:28:02,484
replicated? Well, our bylaws

690
00:28:02,953 --> 00:28:05,353
don't require any professional

691
00:28:05,556 --> 00:28:08,259
input. An owner or a tenant can

692
00:28:08,259 --> 00:28:11,229
simply appear before us and

693
00:28:11,229 --> 00:28:13,331
bring handwritten drawings and

694
00:28:13,331 --> 00:28:15,660
testify in their own behalf. And

695
00:28:15,660 --> 00:28:17,434
sometimes that's very effective,

696
00:28:17,434 --> 00:28:20,170
because a one person who owns a

697
00:28:20,170 --> 00:28:22,707
two person shop that's 500ft!S is

698
00:28:22,707 --> 00:28:24,142
pretty hard to say no to,

699
00:28:24,142 --> 00:28:25,977
whereas their lawyer or their

700
00:28:25,977 --> 00:28:27,445
architect or their casp, that's

701
00:28:27,445 --> 00:28:31,450
a professional. We like to argue

702
00:28:32,516 --> 00:28:33,384
with them a little more. So our

703
00:28:33,384 --> 00:28:35,253
requirement is not that we have

704
00:28:35,253 --> 00:28:37,188
all of this, and I'd like to see

705
00:28:37,188 --> 00:28:38,456
where we can pull that back. I

706
00:28:38,456 --> 00:28:40,158
mean, I have we have other

707
00:28:40,158 --> 00:28:41,159
suggestions too. I didn't go

708
00:28:41,159 --> 00:28:42,661
through them with you because

709
00:28:42,661 --> 00:28:43,628
you've already made your

710
00:28:43,628 --> 00:28:45,463
decision. So now we're trying to

711
00:28:45,463 --> 00:28:48,566
talk with the board about making

712
00:28:48,566 --> 00:28:51,469
changes, and I believe they will

713
00:28:51,469 --> 00:28:54,469
because we're engaged in useful

714
00:28:59,177 --> 00:29:00,545
discussions. Could you email

715
00:29:00,545 --> 00:29:02,514
your bylaws to the commission

716
00:29:02,514 --> 00:29:04,149
secretary, or do we have a copy

717
00:29:04,149 --> 00:29:06,170
of those bylaws? I believe we

718
00:29:06,170 --> 00:29:08,753
do. Could you provide those to

719
00:29:08,753 --> 00:29:10,288
the commission? Thank you. Any

720
00:29:10,288 --> 00:29:13,288
other questions? Yeah. I'm ready

721
00:29:14,625 --> 00:29:16,995
now for the gentleman. Question

722
00:29:16,995 --> 00:29:18,664
for you. So, you know, I'm on a

723
00:29:18,664 --> 00:29:20,465
particular corridor often, and

724
00:29:20,465 --> 00:29:22,330
we have a lot of those nail

725
00:29:22,330 --> 00:29:23,702
salons you refer to and those

726
00:29:23,702 --> 00:29:25,537
beauty salons that are 400,

727
00:29:25,537 --> 00:29:27,105
500ft!S. Many of them have one

728
00:29:27,105 --> 00:29:30,141
step up. You know, when they

729
00:29:30,141 --> 00:29:31,309
built a transit line down the

730
00:29:31,309 --> 00:29:32,510
corridor, I don't know why they

731
00:29:32,510 --> 00:29:33,946
didn't level up the whole

732
00:29:33,946 --> 00:29:35,781
sidewalks. They didn't. But, you

733
00:29:35,781 --> 00:29:37,850
know, another story for another

734
00:29:37,850 --> 00:29:38,784
day. A lot of these small

735
00:29:38,784 --> 00:29:40,252
businesses, there's they're just

736
00:29:40,252 --> 00:29:42,540
not going to, you know, they're

737
00:29:42,540 --> 00:29:43,488
just hoping nobody's going to

738
00:29:43,488 --> 00:29:45,323
rat them out or nobody's going

739
00:29:45,323 --> 00:29:47,292
to be, you know, the drive bys

740
00:29:47,292 --> 00:29:49,940
and stuff. What I did and I

741
00:29:49,940 --> 00:29:51,297
worked with, I think several

742
00:29:51,297 --> 00:29:52,765
people through dbi, is to get

743
00:29:52,765 --> 00:29:54,990
information out to these small

744
00:29:54,990 --> 00:29:56,340
businesses that, you know, you

745
00:29:56,340 --> 00:29:57,690
had to get a casp inspection

746
00:29:57,690 --> 00:29:58,370
that was like everybody said,

747
00:29:58,370 --> 00:29:59,171
you had to get a casp

748
00:29:59,171 --> 00:30:01,473
inspection. That's just what we

749
00:30:01,473 --> 00:30:03,208
were told. And that's what I

750
00:30:03,208 --> 00:30:04,910
told everybody is you had to get

751
00:30:04,910 --> 00:30:06,611
a casp inspection. Many didn't

752
00:30:06,611 --> 00:30:08,447
because they saw they had to

753
00:30:08,447 --> 00:30:09,982
pay. We did have a grant program

754
00:30:09,982 --> 00:30:11,160
at one time where we covered up

755
00:30:11,160 --> 00:30:12,852
to like ten people, but there

756
00:30:12,852 --> 00:30:14,253
were still far more than ten.

757
00:30:14,253 --> 00:30:16,121
The problem or the challenge now

758
00:30:16,121 --> 00:30:19,580
that I'm hearing is that you're

759
00:30:19,580 --> 00:30:20,425
right on that casp inspection. I

760
00:30:20,425 --> 00:30:22,825
don't ever remember seeing

761
00:30:23,280 --> 00:30:25,131
anything about an opportunity to

762
00:30:25,131 --> 00:30:27,600
appeal or an opportunity to, you

763
00:30:27,600 --> 00:30:29,535
know, have your not day in

764
00:30:29,535 --> 00:30:30,937
court, if you will. I mean, who

765
00:30:30,937 --> 00:30:32,571
wants to, you know, if you've

766
00:30:32,571 --> 00:30:34,273
got two steps leading up to your

767
00:30:34,273 --> 00:30:36,342
doorway and you know that you,

768
00:30:36,342 --> 00:30:37,142
the nail salon owner and I've

769
00:30:37,142 --> 00:30:39,812
worked on some of these

770
00:30:39,812 --> 00:30:41,246
projects, I mean, they can run

771
00:30:41,246 --> 00:30:43,116
north of 25,000, up to 100,000

772
00:30:43,116 --> 00:30:44,917
to get that, you know, sidewalk

773
00:30:44,917 --> 00:30:47,553
level. They're not going to, you

774
00:30:47,553 --> 00:30:48,988
know, they're not motivated to

775
00:30:48,988 --> 00:30:50,389
try to fix the issue. The

776
00:30:50,389 --> 00:30:52,580
landlord's not going to do it

777
00:30:52,580 --> 00:30:53,726
unless, you know, they're

778
00:30:53,726 --> 00:30:55,227
compelled to do it. So I guess

779
00:30:55,227 --> 00:30:57,620
what I'm getting at is where did

780
00:30:57,620 --> 00:30:59,365
we MISS, you know, from the casp

781
00:30:59,365 --> 00:31:01,200
inspection that I was asking

782
00:31:01,200 --> 00:31:03,736
everyone to fill out? Not

783
00:31:03,736 --> 00:31:05,405
everybody did. What did we MISS?

784
00:31:05,405 --> 00:31:07,306
I'm like. I mean, you're telling

785
00:31:07,306 --> 00:31:09,750
me this is the way I'm hearing

786
00:31:09,750 --> 00:31:11,310
this is this was a much simpler

787
00:31:11,310 --> 00:31:12,912
process than what we were

788
00:31:12,912 --> 00:31:14,513
rolling out to the small

789
00:31:14,513 --> 00:31:15,381
businesses. And I feel like I

790
00:31:15,381 --> 00:31:17,316
missed something here that I

791
00:31:17,316 --> 00:31:18,285
have to go back to these, some

792
00:31:18,285 --> 00:31:20,387
of these businesses and say,

793
00:31:20,387 --> 00:31:22,880
hey, you still have and tell me

794
00:31:22,880 --> 00:31:23,423
if I'm wrong. You still have to

795
00:31:23,423 --> 00:31:25,658
get a casp inspection. No matter

796
00:31:25,658 --> 00:31:27,193
what. You have to have a cast.

797
00:31:27,193 --> 00:31:28,494
It all starts with that casp.

798
00:31:28,494 --> 00:31:30,563
And then and it goes from there.

799
00:31:30,563 --> 00:31:32,465
well, the code actually says it

800
00:31:32,465 --> 00:31:33,432
can be a licensed professional.

801
00:31:33,432 --> 00:31:35,602
It can be an architect and

802
00:31:35,602 --> 00:31:38,939
engineer or a casp or certified

803
00:31:38,939 --> 00:31:42,539
casp. I don't know which is

804
00:31:42,976 --> 00:31:44,410
cheaper or easier to do. Our

805
00:31:44,410 --> 00:31:46,779
most recent case, which is now

806
00:31:46,779 --> 00:31:49,150
many months ago, was a place

807
00:31:49,150 --> 00:31:50,282
where the appellant said, well,

808
00:31:50,282 --> 00:31:53,220
to fix the sidewalk, we'd have

809
00:31:53,220 --> 00:31:55,121
to spend $70,000. And we said,

810
00:31:55,121 --> 00:31:58,121
don't fix the sidewalk. It's

811
00:31:58,358 --> 00:31:59,993
very simple. They improved the

812
00:31:59,993 --> 00:32:02,262
doorway. They made some other

813
00:32:02,262 --> 00:32:03,162
improvements. And we just said,

814
00:32:03,162 --> 00:32:04,831
don't do that. One advantage of

815
00:32:04,831 --> 00:32:06,199
the appeals commission. The law

816
00:32:06,199 --> 00:32:07,300
is a blunt instrument. It's all

817
00:32:07,300 --> 00:32:09,235
black and white, and you can't

818
00:32:09,235 --> 00:32:10,904
change it from minute to minute.

819
00:32:10,904 --> 00:32:12,573
We're an appeals body. We hear

820
00:32:12,573 --> 00:32:15,108
individual cases and we have

821
00:32:15,108 --> 00:32:16,944
somebody say $70,000 is out of

822
00:32:16,944 --> 00:32:18,912
our range. It'll never happen.

823
00:32:18,912 --> 00:32:21,214
We said, right, don't do it, but

824
00:32:21,214 --> 00:32:22,582
do do these things. And so they

825
00:32:22,582 --> 00:32:24,150
improved the doorway, but they

826
00:32:24,150 --> 00:32:26,786
did not do the sidewalk work.

827
00:32:26,786 --> 00:32:29,186
The biggest impediment here

828
00:32:29,523 --> 00:32:31,792
probably is public works. Public

829
00:32:31,792 --> 00:32:33,594
works is pretty rigid about

830
00:32:33,594 --> 00:32:36,196
preserving the public right of

831
00:32:36,196 --> 00:32:38,265
way exactly as it exists. And

832
00:32:38,265 --> 00:32:39,660
it's very expensive to do that,

833
00:32:39,660 --> 00:32:41,434
especially if you have a if

834
00:32:41,434 --> 00:32:42,536
you're a private owner, you're

835
00:32:42,536 --> 00:32:44,936
responsible for your sidewalk,

836
00:32:45,720 --> 00:32:47,241
but you don't. It's the city has

837
00:32:47,241 --> 00:32:49,109
the right and we've had case

838
00:32:49,109 --> 00:32:50,877
after case where we have gone

839
00:32:50,877 --> 00:32:52,479
months with public works. And I

840
00:32:52,479 --> 00:32:54,480
think one of the things we're

841
00:32:54,480 --> 00:32:57,351
going to suggest is some way to

842
00:32:57,351 --> 00:32:59,751
reduce that whole sidewalk

843
00:33:00,287 --> 00:33:01,354
condition and either move the

844
00:33:01,354 --> 00:33:03,825
responsibility to the city who

845
00:33:03,825 --> 00:33:06,160
MAY choose not to fix it, or in

846
00:33:06,160 --> 00:33:07,761
some other way, reduce the role

847
00:33:07,761 --> 00:33:09,396
of public works. Because public

848
00:33:09,396 --> 00:33:10,931
works, I mean, I understand what

849
00:33:10,931 --> 00:33:12,266
they're trying to do, and it

850
00:33:12,266 --> 00:33:14,201
works great if you're the bank

851
00:33:14,201 --> 00:33:15,602
of america, but it doesn't work

852
00:33:15,602 --> 00:33:17,137
very well if you're running a

853
00:33:17,137 --> 00:33:18,205
nail salon. And that's the

854
00:33:18,205 --> 00:33:21,109
biggest change that probably we

855
00:33:21,109 --> 00:33:23,244
would have happen is to reduce

856
00:33:23,244 --> 00:33:25,120
the role of public works

857
00:33:25,120 --> 00:33:26,314
planning. Also, there are many

858
00:33:26,314 --> 00:33:28,490
steps just in the planning

859
00:33:28,490 --> 00:33:29,160
department review, and I don't

860
00:33:29,160 --> 00:33:30,451
quite understand that either. I

861
00:33:30,451 --> 00:33:33,220
think both of those could be

862
00:33:33,220 --> 00:33:35,220
collapsed somewhat. Okay, just

863
00:33:35,220 --> 00:33:36,857
my last comment is I just wish

864
00:33:36,857 --> 00:33:39,930
this could be maybe repackaged

865
00:33:39,930 --> 00:33:41,629
and reintroduced to the business

866
00:33:41,629 --> 00:33:43,364
owners that have not complied. I

867
00:33:43,364 --> 00:33:45,166
think most that haven't. I my

868
00:33:45,166 --> 00:33:46,300
opinion that most that haven't

869
00:33:46,300 --> 00:33:48,350
complied just are hoping that

870
00:33:48,350 --> 00:33:49,437
nobody notices that they, you

871
00:33:49,437 --> 00:33:51,639
know, and I don't blame them

872
00:33:51,639 --> 00:33:53,140
because I have personally seen

873
00:33:53,140 --> 00:33:55,140
that $70,000 sidewalk repair.

874
00:33:55,610 --> 00:33:57,746
And I've seen the $30,000 front

875
00:33:57,746 --> 00:34:00,140
entrance door, door, well, you

876
00:34:00,140 --> 00:34:01,849
know, expanded. And I think most

877
00:34:01,849 --> 00:34:03,484
are just hoping that they don't

878
00:34:03,484 --> 00:34:05,530
get, you know, and we've had the

879
00:34:05,530 --> 00:34:06,687
drive by, you know, we've had

880
00:34:06,687 --> 00:34:08,789
all that the drive by lawsuits.

881
00:34:08,789 --> 00:34:09,991
We've had it. So I just I just

882
00:34:09,991 --> 00:34:11,625
kind of wish there was another

883
00:34:11,625 --> 00:34:13,328
way to repackage this without

884
00:34:13,328 --> 00:34:15,130
all the, as you say, all the

885
00:34:15,130 --> 00:34:15,730
terms and all the, the, the

886
00:34:15,730 --> 00:34:16,965
conditions and the regulations

887
00:34:16,965 --> 00:34:17,999
and all the, the things you

888
00:34:17,999 --> 00:34:19,434
need, the processes that you

889
00:34:19,434 --> 00:34:21,569
need to do. Maybe there's just

890
00:34:21,569 --> 00:34:22,904
something simple as to just, you

891
00:34:22,904 --> 00:34:24,739
know, get, get the inspection

892
00:34:24,739 --> 00:34:26,574
and then go right to you. So

893
00:34:26,574 --> 00:34:29,574
I'll stop there. I appreciate

894
00:34:29,610 --> 00:34:33,810
you a lot. I thank you. There

895
00:34:40,555 --> 00:34:42,857
is. The. Go ahead. So I guess my

896
00:34:42,857 --> 00:34:44,358
question and my thinking and the

897
00:34:44,358 --> 00:34:44,993
reason that I had concerns about

898
00:34:44,993 --> 00:34:46,227
the structure of this

899
00:34:46,227 --> 00:34:48,163
legislation. And I think that

900
00:34:48,163 --> 00:34:50,365
the stats that two thirds of the

901
00:34:50,365 --> 00:34:52,267
ones who are considered

902
00:34:52,267 --> 00:34:55,300
compliant are exempt or waived

903
00:34:55,300 --> 00:34:57,239
proves kind of the point that

904
00:34:57,239 --> 00:35:00,239
this is an expensive. Well,

905
00:35:00,709 --> 00:35:03,709
let's presume that the last 15%

906
00:35:03,945 --> 00:35:06,248
10% are exempt or waived, and

907
00:35:06,248 --> 00:35:08,717
5%, you know, will have to come

908
00:35:08,717 --> 00:35:10,850
into some kind of compliance.

909
00:35:10,850 --> 00:35:11,220
And maybe it's a bigger

910
00:35:11,220 --> 00:35:13,620
percentage. I'm just wondering,

911
00:35:13,722 --> 00:35:15,123
like, is it better to just have

912
00:35:15,123 --> 00:35:17,523
categorical exemptions? Like, if

913
00:35:18,126 --> 00:35:20,195
you're this size, then you are

914
00:35:20,195 --> 00:35:22,630
exempt because you're probably

915
00:35:22,630 --> 00:35:24,199
going to be exempt anyways based

916
00:35:24,199 --> 00:35:25,234
on our understanding of two

917
00:35:25,234 --> 00:35:27,336
thirds of the people who have

918
00:35:27,336 --> 00:35:28,370
gone through the process are

919
00:35:28,370 --> 00:35:30,720
already exempt. It just seems

920
00:35:30,720 --> 00:35:32,541
like it's an expensive mandate

921
00:35:32,541 --> 00:35:33,976
when most a clear majority are

922
00:35:33,976 --> 00:35:36,511
are exempt. And I'm wondering if

923
00:35:36,511 --> 00:35:38,947
you have thinking based on your

924
00:35:38,947 --> 00:35:41,584
understanding of, you know, who

925
00:35:41,584 --> 00:35:43,619
who are you almost guaranteed to

926
00:35:43,619 --> 00:35:45,454
exempt? Can we put that into the

927
00:35:45,454 --> 00:35:46,922
legislation and then focus on

928
00:35:46,922 --> 00:35:48,123
the folks who really need to

929
00:35:48,123 --> 00:35:50,159
come into compliance? Because I

930
00:35:50,159 --> 00:35:51,827
do think it's an it's an

931
00:35:51,827 --> 00:35:53,950
expensive burden. If we know

932
00:35:53,950 --> 00:35:54,229
that the clear majority have to

933
00:35:54,229 --> 00:35:55,464
just come in and prove that

934
00:35:55,464 --> 00:35:56,965
they're exempt or are going to

935
00:35:56,965 --> 00:35:58,267
be waived. Well, let me point

936
00:35:58,267 --> 00:35:59,502
out that the architect, the

937
00:35:59,502 --> 00:36:01,170
female architect who testified

938
00:36:01,170 --> 00:36:03,105
before you at the last meeting,

939
00:36:03,105 --> 00:36:04,307
came up to us during the break

940
00:36:04,307 --> 00:36:06,308
and said we were never I was

941
00:36:06,308 --> 00:36:08,544
never told that I could how I

942
00:36:08,544 --> 00:36:10,312
could apply for an unreasonable

943
00:36:10,312 --> 00:36:12,481
accommodation. So she had this

944
00:36:12,481 --> 00:36:13,582
great complaint to you. And as

945
00:36:13,582 --> 00:36:15,180
soon as she heard that we

946
00:36:15,180 --> 00:36:16,419
existed and what we do, she

947
00:36:16,419 --> 00:36:18,187
said, oh, I was never informed

948
00:36:18,187 --> 00:36:19,555
of that. So right away the

949
00:36:19,555 --> 00:36:23,155
process just is broken. It just

950
00:36:23,626 --> 00:36:26,161
doesn't work at all. Coming up

951
00:36:26,161 --> 00:36:28,664
with categories that are sort of

952
00:36:28,664 --> 00:36:31,166
sub accessible is obviously a

953
00:36:31,166 --> 00:36:32,402
touchy thing to do. And I think

954
00:36:32,402 --> 00:36:33,636
that's to be discussed. You

955
00:36:33,636 --> 00:36:35,805
know, how we would handle

956
00:36:35,805 --> 00:36:38,205
sidewalks exactly is important,

957
00:36:38,341 --> 00:36:40,543
how to handle power door when

958
00:36:40,543 --> 00:36:42,943
there's no side strike

959
00:36:43,813 --> 00:36:45,314
clearance. We need to discuss if

960
00:36:45,314 --> 00:36:48,314
we simply said any business

961
00:36:48,417 --> 00:36:49,886
under 500ft!S is exempt. There

962
00:36:49,886 --> 00:36:51,540
are probably times when they

963
00:36:51,540 --> 00:36:52,355
could make it accessible by

964
00:36:52,355 --> 00:36:54,323
spending a few hundred dollars.

965
00:36:54,323 --> 00:36:55,992
And so I hate to give those up.

966
00:36:55,992 --> 00:36:57,360
I'd like to actually look at

967
00:36:57,360 --> 00:36:59,929
some cases. What we haven't done

968
00:36:59,929 --> 00:37:01,731
is see any cases and the ones

969
00:37:01,731 --> 00:37:03,533
that have been wavered, or the

970
00:37:03,533 --> 00:37:04,200
ones that have applied for

971
00:37:04,200 --> 00:37:06,201
unreasonable hardship. I'd like

972
00:37:06,201 --> 00:37:07,404
to do a little spot check of

973
00:37:07,404 --> 00:37:09,406
those and say, okay, what are

974
00:37:09,406 --> 00:37:11,400
the problems? And can we find

975
00:37:11,400 --> 00:37:12,442
some sort of categorical way to

976
00:37:12,442 --> 00:37:14,110
reduce that? The other thing is

977
00:37:14,110 --> 00:37:16,146
that the city could provide more

978
00:37:16,146 --> 00:37:16,980
help. You know, we are as as

979
00:37:16,980 --> 00:37:18,748
henry elowitz pointed out, we're

980
00:37:18,748 --> 00:37:20,820
the only city that's doing this.

981
00:37:20,820 --> 00:37:21,117
And he said, therefore, that's

982
00:37:21,117 --> 00:37:21,951
bad. And I'm saying, therefore,

983
00:37:21,951 --> 00:37:23,850
that's great because san

984
00:37:23,850 --> 00:37:25,890
francisco has always been a

985
00:37:25,890 --> 00:37:26,390
leader. We always do this stuff

986
00:37:26,390 --> 00:37:28,525
first. If we make it work, other

987
00:37:28,525 --> 00:37:31,661
cities will then make it work.

988
00:37:31,661 --> 00:37:34,197
If we let it fail, it dies. The

989
00:37:34,197 --> 00:37:35,165
city could. City is going to

990
00:37:35,165 --> 00:37:37,367
hire a casp, right? What if you

991
00:37:37,367 --> 00:37:40,236
have that casp available to

992
00:37:40,236 --> 00:37:42,380
people who need some consulting,

993
00:37:42,380 --> 00:37:43,607
who have drawings and

994
00:37:43,607 --> 00:37:46,760
photographs and they say, how

995
00:37:46,760 --> 00:37:47,811
big a job is this? Couldn't a

996
00:37:47,811 --> 00:37:50,747
city person help them to do

997
00:37:50,747 --> 00:37:52,316
that? Also, osb has this $10,000

998
00:37:52,316 --> 00:37:54,284
grant. I don't know how much was

999
00:37:54,284 --> 00:37:56,386
in the fund, but I'm reading it.

1000
00:37:56,386 --> 00:38:00,357
I noticed that the grant is only

1001
00:38:00,357 --> 00:38:02,226
available to. It is not

1002
00:38:02,226 --> 00:38:04,528
available to owners. It's

1003
00:38:04,528 --> 00:38:06,997
available to the tenant, the

1004
00:38:06,997 --> 00:38:08,999
business operator. But arnie

1005
00:38:08,999 --> 00:38:10,867
testified last time that of 197

1006
00:38:10,867 --> 00:38:12,369
cases he's worked on, the vast

1007
00:38:12,369 --> 00:38:14,671
majority were being handled by

1008
00:38:14,671 --> 00:38:16,500
the owner. So your loan program

1009
00:38:16,500 --> 00:38:17,841
doesn't apply to the very people

1010
00:38:17,841 --> 00:38:19,143
who would benefit from it. Now,

1011
00:38:19,143 --> 00:38:20,211
I understand they own a

1012
00:38:20,211 --> 00:38:21,345
building, they have real

1013
00:38:21,345 --> 00:38:23,147
property. And so maybe there's

1014
00:38:23,147 --> 00:38:24,782
some reason to stay away from

1015
00:38:24,782 --> 00:38:27,317
them. But I'd say no, that's

1016
00:38:27,317 --> 00:38:30,917
wrong. Many of these are also

1017
00:38:31,688 --> 00:38:33,657
small property owners. I'd love

1018
00:38:33,657 --> 00:38:35,159
to give you some more details as

1019
00:38:35,159 --> 00:38:39,359
it develops and see what we can

1020
00:38:39,997 --> 00:38:43,334
come up with. MR. Williams. So

1021
00:38:43,334 --> 00:38:45,436
earlier you stated of the steps

1022
00:38:45,436 --> 00:38:48,436
in the process you would

1023
00:38:49,239 --> 00:38:52,110
eliminate half of them. Identify

1024
00:38:52,110 --> 00:38:55,110
which steps you'd eliminate. No,

1025
00:38:56,347 --> 00:38:58,316
I don't think I said it's you

1026
00:38:58,316 --> 00:38:59,483
know, a part of it is technical.

1027
00:38:59,483 --> 00:39:00,918
What what how much information

1028
00:39:00,918 --> 00:39:02,620
can we get? 80% of the

1029
00:39:02,620 --> 00:39:04,889
information with 20% of the

1030
00:39:04,889 --> 00:39:07,258
effort or with 75% of the effort

1031
00:39:07,258 --> 00:39:09,493
I'd be happy with. But it's also

1032
00:39:09,493 --> 00:39:11,963
very political. The public works

1033
00:39:11,963 --> 00:39:15,199
is not going to want to hear us

1034
00:39:15,199 --> 00:39:18,199
say, forget about sidewalks and,

1035
00:39:18,202 --> 00:39:20,137
you know, so on. So that's.

1036
00:39:20,137 --> 00:39:21,672
Yeah, we'll we'll write them

1037
00:39:21,672 --> 00:39:22,306
down. We'll make it possible for

1038
00:39:22,306 --> 00:39:24,342
everybody to discuss them. But

1039
00:39:24,342 --> 00:39:28,542
right now I don't want to come

1040
00:39:29,681 --> 00:39:32,500
to any conclusions about it. I'm

1041
00:39:32,500 --> 00:39:34,520
curious what the relationship is

1042
00:39:34,520 --> 00:39:36,452
between the determinations made

1043
00:39:36,754 --> 00:39:39,757
by your board and then the

1044
00:39:39,757 --> 00:39:41,125
federal ada law. If you all

1045
00:39:41,125 --> 00:39:43,525
grant an unreasonable hardship,

1046
00:39:45,563 --> 00:39:47,899
or you come up with some sort of

1047
00:39:47,899 --> 00:39:49,899
equivalent accessibility, would

1048
00:39:50,535 --> 00:39:52,771
the small business still be at

1049
00:39:52,771 --> 00:39:54,973
risk to like a civil like

1050
00:39:54,973 --> 00:39:56,274
federal lawsuit, though? No

1051
00:39:56,274 --> 00:39:57,609
matter what we do, that's the

1052
00:39:57,609 --> 00:40:00,900
case. The building department

1053
00:40:00,440 --> 00:40:01,312
does not enforce the ada. The

1054
00:40:01,312 --> 00:40:02,847
building department enforces the

1055
00:40:02,847 --> 00:40:04,316
building code. So then, wouldn't

1056
00:40:04,316 --> 00:40:06,852
small businesses be lulled into

1057
00:40:06,852 --> 00:40:08,186
a sense of like, oh, we're safe,

1058
00:40:08,186 --> 00:40:11,356
but they could. They're still at

1059
00:40:11,356 --> 00:40:13,925
risk, right? The way the federal

1060
00:40:13,925 --> 00:40:16,194
law is written, it's not really

1061
00:40:16,194 --> 00:40:19,194
enforced locally by people like

1062
00:40:19,430 --> 00:40:20,199
you. It relies on the right of

1063
00:40:20,199 --> 00:40:21,500
private action. And so a

1064
00:40:21,500 --> 00:40:23,435
disabled person can file a

1065
00:40:23,435 --> 00:40:24,970
lawsuit. So then we get at some

1066
00:40:24,970 --> 00:40:26,939
point somebody realizes we can

1067
00:40:26,939 --> 00:40:28,507
make an industry out of this by

1068
00:40:28,507 --> 00:40:29,374
driving by and just sending a

1069
00:40:29,374 --> 00:40:31,676
letter and getting $10,000 cash

1070
00:40:31,676 --> 00:40:32,644
with no remedy. They don't they

1071
00:40:32,644 --> 00:40:34,145
don't require that it be fixed.

1072
00:40:34,145 --> 00:40:35,580
They just require they get the

1073
00:40:35,580 --> 00:40:37,580
10,000 bucks. So that's

1074
00:40:37,750 --> 00:40:39,251
horrendous. On the other hand, a

1075
00:40:39,251 --> 00:40:41,520
disabled person who lives in the

1076
00:40:41,520 --> 00:40:43,288
neighborhood probably is never

1077
00:40:43,288 --> 00:40:43,989
going to try to go through the

1078
00:40:43,989 --> 00:40:46,389
complaint process because they

1079
00:40:46,391 --> 00:40:48,927
don't know how it would work.

1080
00:40:48,927 --> 00:40:51,927
But inherent in katie's original

1081
00:40:52,564 --> 00:40:53,999
law is that we cannot absolutely

1082
00:40:53,999 --> 00:40:55,868
protect people from an ada

1083
00:40:55,868 --> 00:40:58,300
lawsuit because we don't control

1084
00:40:58,300 --> 00:40:59,972
that. What we can do is say that

1085
00:40:59,972 --> 00:41:00,940
you have made good faith efforts

1086
00:41:00,940 --> 00:41:02,975
to provide accessibility, and

1087
00:41:02,975 --> 00:41:04,977
when you are hearing an ada

1088
00:41:04,977 --> 00:41:06,912
case, the federal courts take

1089
00:41:06,912 --> 00:41:09,810
into consideration good faith

1090
00:41:09,810 --> 00:41:10,248
efforts. Most people make no

1091
00:41:10,248 --> 00:41:12,385
efforts whatsoever, and that's

1092
00:41:12,385 --> 00:41:14,187
why they get sued. In this case,

1093
00:41:14,187 --> 00:41:15,254
they can say, well, I got a

1094
00:41:15,254 --> 00:41:17,823
certification from the city that

1095
00:41:17,823 --> 00:41:19,458
says, I'm good enough given my

1096
00:41:19,458 --> 00:41:21,760
size. And should they be sued? I

1097
00:41:21,760 --> 00:41:24,196
think that's a that's a defense.

1098
00:41:24,196 --> 00:41:26,798
But no, there's no absolute

1099
00:41:26,798 --> 00:41:29,798
defense because of this. Yeah.

1100
00:41:34,240 --> 00:41:37,840
Thank you. Thank you. I'll just

1101
00:41:38,434 --> 00:41:38,724
make a comment that in general,

1102
00:41:38,724 --> 00:41:38,978
I'm very supportive of the idea,

1103
00:41:38,978 --> 00:41:40,913
especially for folks who are

1104
00:41:40,913 --> 00:41:42,810
going to get a waiver or an

1105
00:41:42,810 --> 00:41:43,949
exemption, that there is some

1106
00:41:43,949 --> 00:41:45,718
kind of other good faith effort.

1107
00:41:45,718 --> 00:41:48,870
Right? Like, I would love to see

1108
00:41:48,870 --> 00:41:51,240
an amendment or changes that

1109
00:41:51,240 --> 00:41:52,225
improve accessibility in some

1110
00:41:52,225 --> 00:41:54,930
way or another. And you gave

1111
00:41:54,930 --> 00:41:55,995
many examples at the last

1112
00:41:55,995 --> 00:41:57,290
hearing, and I those have

1113
00:41:57,290 --> 00:42:00,290
definitely stuck with me. So

1114
00:42:00,232 --> 00:42:02,701
thank you for those examples. I

1115
00:42:02,701 --> 00:42:04,169
think that we can do I think the

1116
00:42:04,169 --> 00:42:07,273
department can do a better job

1117
00:42:07,273 --> 00:42:10,273
of informing people that this

1118
00:42:13,212 --> 00:42:15,682
exists. It's a difficult thing

1119
00:42:15,682 --> 00:42:17,950
for the for the department

1120
00:42:17,950 --> 00:42:20,886
enforces black and white law

1121
00:42:20,886 --> 00:42:23,323
rules. And then there's a, an

1122
00:42:23,323 --> 00:42:26,760
appeals board that has much a

1123
00:42:26,760 --> 00:42:28,595
larger has more discretion. But

1124
00:42:28,595 --> 00:42:29,996
I think that the you know, we

1125
00:42:29,996 --> 00:42:32,632
can think about, you know,

1126
00:42:32,632 --> 00:42:34,400
working with the department on

1127
00:42:34,400 --> 00:42:37,400
educational efforts. But I think

1128
00:42:37,403 --> 00:42:40,507
the idea like the policy, I

1129
00:42:40,507 --> 00:42:42,109
think can be hopefully amended

1130
00:42:42,109 --> 00:42:44,444
if that's where you guys are

1131
00:42:44,444 --> 00:42:46,450
going with to really kind of

1132
00:42:46,450 --> 00:42:49,645
reflect the full like your, your

1133
00:42:49,816 --> 00:42:52,816
team's full thinking about what

1134
00:42:53,219 --> 00:42:56,219
is accessibility and build those

1135
00:42:56,991 --> 00:42:58,792
things in so that folks aren't

1136
00:42:58,792 --> 00:43:00,930
like small businesses, aren't

1137
00:43:00,930 --> 00:43:02,290
spending tens of thousands of

1138
00:43:02,290 --> 00:43:03,363
dollars just to get a waiver

1139
00:43:03,363 --> 00:43:04,970
signed. Right. Like, that's I

1140
00:43:04,970 --> 00:43:05,866
don't think anyone thinks that

1141
00:43:05,866 --> 00:43:08,401
that's a good a good process.

1142
00:43:08,401 --> 00:43:10,303
And I and I appreciate your kind

1143
00:43:10,303 --> 00:43:12,572
of seeing both sides of, of

1144
00:43:12,572 --> 00:43:15,809
this, of this issue and wanting

1145
00:43:15,809 --> 00:43:17,745
to, to make it smoother for, for

1146
00:43:17,745 --> 00:43:19,747
small business owners. Almost

1147
00:43:19,747 --> 00:43:21,470
never do we tell an appellant,

1148
00:43:21,470 --> 00:43:23,490
okay, just go home. We always

1149
00:43:23,490 --> 00:43:24,618
get some access out of it. We

1150
00:43:24,618 --> 00:43:26,119
always improve the level of

1151
00:43:26,119 --> 00:43:28,210
access. And let me also remind

1152
00:43:28,210 --> 00:43:29,623
you, access does not trigger

1153
00:43:29,623 --> 00:43:31,240
access. So if you get a permit

1154
00:43:31,240 --> 00:43:33,940
to change the bathroom you MAY

1155
00:43:33,940 --> 00:43:35,362
have to do the path of travel.

1156
00:43:35,362 --> 00:43:36,163
But if you get a permit to fix

1157
00:43:36,163 --> 00:43:37,831
the front door, that doesn't

1158
00:43:37,831 --> 00:43:39,400
trigger anything else. So what

1159
00:43:39,400 --> 00:43:40,301
we agree on is what they have to

1160
00:43:40,301 --> 00:43:43,270
do. They've made their good

1161
00:43:43,270 --> 00:43:44,771
faith effort. And we always get

1162
00:43:44,771 --> 00:43:46,390
some kind of improved access. If

1163
00:43:46,390 --> 00:43:48,341
it's only a doorbell to let

1164
00:43:48,341 --> 00:43:49,544
people know, okay, I can't get

1165
00:43:49,544 --> 00:43:51,412
up the eight flights of the

1166
00:43:51,412 --> 00:43:53,114
eight steps. And also we can't

1167
00:43:53,114 --> 00:43:54,315
fix the eight steps, but we know

1168
00:43:54,315 --> 00:43:56,217
you're here and we'll come to

1169
00:43:56,217 --> 00:43:57,184
you. That's the simplest. There

1170
00:43:57,184 --> 00:43:58,319
are other, you know, automatic

1171
00:43:58,319 --> 00:43:59,953
door openers when there's no

1172
00:43:59,953 --> 00:44:01,589
side strike. There are many

1173
00:44:01,589 --> 00:44:03,230
other ways that people can do

1174
00:44:03,230 --> 00:44:05,725
something less than the code

1175
00:44:05,725 --> 00:44:07,362
would prefer. Interestingly,

1176
00:44:07,362 --> 00:44:10,631
we're not bound by the code when

1177
00:44:10,631 --> 00:44:12,300
we make an agreement. That's our

1178
00:44:12,300 --> 00:44:14,969
agreement. So we can be a little

1179
00:44:14,969 --> 00:44:16,937
bit creative. And nobody has.

1180
00:44:16,937 --> 00:44:19,440
The only appeal after us is a

1181
00:44:19,440 --> 00:44:22,440
court case, and nobody's ever

1182
00:44:25,646 --> 00:44:28,646
challenged one of our decisions.

1183
00:44:29,850 --> 00:44:32,200
Okay. Other questions. Thank

1184
00:44:32,200 --> 00:44:35,620
you. Thank you. Thank you. Thank

1185
00:44:37,858 --> 00:44:40,600
you. Yes. My name is arnie

1186
00:44:40,600 --> 00:44:41,295
lerner. I'm also a member of the

1187
00:44:41,295 --> 00:44:43,695
access appeals commission. I'm

1188
00:44:45,100 --> 00:44:48,569
an architect. The one words that

1189
00:44:48,569 --> 00:44:52,169
I haven't heard anybody say at

1190
00:44:52,807 --> 00:44:54,175
all is. What walter was just

1191
00:44:54,175 --> 00:44:55,843
referring to in terms of when

1192
00:44:55,843 --> 00:44:57,945
there was steps and somebody had

1193
00:44:57,945 --> 00:45:00,648
a doorbell. And the words are

1194
00:45:00,648 --> 00:45:03,685
curbside service. If you go to

1195
00:45:03,685 --> 00:45:06,870
the to the access to the justice

1196
00:45:06,870 --> 00:45:07,288
department's website about the

1197
00:45:07,288 --> 00:45:08,423
ada, you'll find that they have

1198
00:45:08,423 --> 00:45:10,658
a number of publications that

1199
00:45:10,658 --> 00:45:12,193
they have put together just for

1200
00:45:12,193 --> 00:45:14,695
small businesses. And one of the

1201
00:45:14,695 --> 00:45:16,497
things they talk about is

1202
00:45:16,497 --> 00:45:18,000
something called curbside

1203
00:45:18,000 --> 00:45:19,968
service, something that I've

1204
00:45:19,968 --> 00:45:21,803
used a number of times. A

1205
00:45:21,803 --> 00:45:24,803
restaurant's up on the second

1206
00:45:25,840 --> 00:45:27,475
floor. There was a yogurt frozen

1207
00:45:27,475 --> 00:45:29,110
yogurt place on on market street

1208
00:45:29,110 --> 00:45:30,445
that had a step. And we weren't

1209
00:45:30,445 --> 00:45:32,347
going to change all of market

1210
00:45:32,347 --> 00:45:34,149
street. So we put in that

1211
00:45:34,149 --> 00:45:35,517
doorbell and we put in a little

1212
00:45:35,517 --> 00:45:37,419
so they could then ring somebody

1213
00:45:37,419 --> 00:45:38,820
to come out and take their order

1214
00:45:38,820 --> 00:45:40,789
and, and give them that, that

1215
00:45:40,789 --> 00:45:43,425
ice cream on the, on the

1216
00:45:43,425 --> 00:45:46,661
sidewalk. There are all kinds of

1217
00:45:46,661 --> 00:45:49,661
alternatives in terms of the

1218
00:45:50,198 --> 00:45:51,867
unreasonable hardship. Regina

1219
00:45:51,867 --> 00:45:54,536
andrizzi, who was the director

1220
00:45:54,536 --> 00:45:57,390
of the office of small business

1221
00:45:57,390 --> 00:45:59,439
back in 2018, produced this

1222
00:45:59,575 --> 00:46:00,776
paper about dealing with

1223
00:46:00,776 --> 00:46:02,544
unreasonable hardships that I'd

1224
00:46:02,544 --> 00:46:03,912
like to give to you so that

1225
00:46:03,912 --> 00:46:05,460
maybe you can make copies,

1226
00:46:05,460 --> 00:46:07,182
because I think some really

1227
00:46:07,182 --> 00:46:09,651
smart things in here that she

1228
00:46:09,651 --> 00:46:11,120
talked about that could help the

1229
00:46:11,120 --> 00:46:13,956
department in terms of dealing

1230
00:46:13,956 --> 00:46:15,424
with that. So anyway, I just

1231
00:46:15,424 --> 00:46:19,240
wanted to throw those two things

1232
00:46:21,663 --> 00:46:22,931
out there. Thank you. Yeah. Good

1233
00:46:22,931 --> 00:46:25,267
morning. My name is jerry

1234
00:46:25,267 --> 00:46:28,504
dratler. I'd like to talk about

1235
00:46:28,504 --> 00:46:31,907
meeting disclosure. So if you go

1236
00:46:31,907 --> 00:46:33,876
to the dbi and you google dbi

1237
00:46:33,876 --> 00:46:36,276
meeting calendar for DECEMBER,

1238
00:46:40,582 --> 00:46:41,249
it's blank. So that's not

1239
00:46:41,249 --> 00:46:43,649
acceptable. Thank you. You're

1240
00:46:46,422 --> 00:46:48,691
welcome. Not sure about that

1241
00:46:48,691 --> 00:46:50,359
item, but just to clarify that

1242
00:46:50,359 --> 00:46:52,759
our meetings are publicly

1243
00:46:53,729 --> 00:46:55,464
noticed and on the website and

1244
00:46:55,464 --> 00:46:57,166
available. But I'll look into

1245
00:46:57,166 --> 00:46:59,367
that issue. Make sure we're in

1246
00:46:59,367 --> 00:47:01,767
compliance. Thank you. Okay.

1247
00:47:01,838 --> 00:47:04,140
Thank you. We're on to the next

1248
00:47:04,140 --> 00:47:06,809
item. Item five update regarding

1249
00:47:06,809 --> 00:47:08,778
the status of current technical

1250
00:47:08,778 --> 00:47:11,178
services division, or tsd

1251
00:47:18,454 --> 00:47:20,454
programs.

1252
00:47:20,557 --> 00:47:22,325
Hello again, mary wilkinson

1253
00:47:22,325 --> 00:47:24,725
church, department of building

1254
00:47:25,328 --> 00:47:27,730
inspection. So I'm here today to

1255
00:47:27,730 --> 00:47:28,865
provide a quick update on our

1256
00:47:28,865 --> 00:47:30,299
compliance programs that are

1257
00:47:30,299 --> 00:47:33,299
part of our tech technical

1258
00:47:33,903 --> 00:47:36,303
services division. So dbi

1259
00:47:37,974 --> 00:47:39,809
compliance programs, they many

1260
00:47:39,809 --> 00:47:41,770
of these or they have been

1261
00:47:41,770 --> 00:47:42,579
amended into the building code

1262
00:47:42,579 --> 00:47:45,882
by the board of supervisors and

1263
00:47:45,882 --> 00:47:47,984
the mayor. They are administered

1264
00:47:47,984 --> 00:47:50,384
by permit services technical

1265
00:47:51,654 --> 00:47:54,540
services division. Currently we

1266
00:47:54,258 --> 00:47:55,892
have the soft story program,

1267
00:47:55,892 --> 00:47:57,892
accessible business entrance

1268
00:47:57,994 --> 00:48:00,394
program, facade inspection and

1269
00:48:00,997 --> 00:48:03,997
maintenance program, and we also

1270
00:48:04,134 --> 00:48:05,568
have the borp program.

1271
00:48:05,568 --> 00:48:07,437
Additionally, in the future, we

1272
00:48:07,437 --> 00:48:09,837
foresee having the concrete

1273
00:48:10,730 --> 00:48:12,730
building seismic evaluation

1274
00:48:13,677 --> 00:48:15,779
program. So for the soft story

1275
00:48:15,779 --> 00:48:17,748
program, this requires the

1276
00:48:17,748 --> 00:48:19,516
seismic retrofitting of all wood

1277
00:48:19,516 --> 00:48:21,818
frame structures with five or

1278
00:48:21,818 --> 00:48:24,218
more residential units having

1279
00:48:24,320 --> 00:48:26,322
two or more stories over a soft

1280
00:48:26,322 --> 00:48:28,722
story and permitted for

1281
00:48:28,993 --> 00:48:30,961
construction prior to 1978. So

1282
00:48:30,961 --> 00:48:33,764
the final deadline for this

1283
00:48:33,764 --> 00:48:35,399
program is SEPTEMBER 15th of

1284
00:48:35,399 --> 00:48:37,901
2021. So, you know, we have

1285
00:48:37,901 --> 00:48:39,536
surpassed the deadline. We've

1286
00:48:39,536 --> 00:48:42,536
had good compliance in the

1287
00:48:42,639 --> 00:48:44,639
program. We've had 4941

1288
00:48:48,913 --> 00:48:50,414
buildings in this program. As

1289
00:48:50,414 --> 00:48:52,349
for a total completion rate for

1290
00:48:52,349 --> 00:48:54,749
the compliance process, we've

1291
00:48:55,419 --> 00:48:58,419
met a completion rate of 94%,

1292
00:48:58,855 --> 00:49:01,855
and that is 4648 buildings that

1293
00:49:04,996 --> 00:49:07,396
have complied 293 buildings, or

1294
00:49:08,265 --> 00:49:10,668
6% of the total buildings, are

1295
00:49:10,668 --> 00:49:12,469
out of compliance. So 30 of

1296
00:49:12,469 --> 00:49:15,472
those have not applied for a

1297
00:49:15,472 --> 00:49:17,407
permit, 44 have applied for a

1298
00:49:17,407 --> 00:49:21,700
permit, but have yet to obtain

1299
00:49:21,646 --> 00:49:22,980
that permit, 174 have been

1300
00:49:22,980 --> 00:49:26,580
issued a permit but have not

1301
00:49:27,720 --> 00:49:28,510
completed the work. That's part

1302
00:49:28,510 --> 00:49:30,187
of that retrofit. And then we

1303
00:49:30,187 --> 00:49:31,956
have 45 that have not completed

1304
00:49:31,956 --> 00:49:33,490
their certificate, certificate

1305
00:49:33,490 --> 00:49:35,590
of final completion yet. So

1306
00:49:35,590 --> 00:49:36,930
they've completed the work, but

1307
00:49:36,930 --> 00:49:38,128
they have not gotten to the

1308
00:49:38,128 --> 00:49:41,320
point where they've been able to

1309
00:49:41,320 --> 00:49:43,701
actually close the permit. So

1310
00:49:43,701 --> 00:49:45,269
for the for the next program,

1311
00:49:45,269 --> 00:49:46,938
the accessible business entrance

1312
00:49:46,938 --> 00:49:48,472
program, we've had some

1313
00:49:48,472 --> 00:49:50,775
discussion about that already

1314
00:49:50,775 --> 00:49:53,244
today. The final deadline for

1315
00:49:53,244 --> 00:49:56,244
that program is SEPTEMBER 29th

1316
00:49:58,316 --> 00:50:01,916
of 25. In this program, we have

1317
00:50:02,653 --> 00:50:04,455
23,533 buildings, 19,596

1318
00:50:04,455 --> 00:50:06,157
buildings, or 83% of the

1319
00:50:06,157 --> 00:50:07,625
buildings have started or

1320
00:50:07,625 --> 00:50:09,625
completed the compliance

1321
00:50:12,729 --> 00:50:14,729
process. 3937 buildings, or 17%

1322
00:50:15,500 --> 00:50:18,500
we have not received response,

1323
00:50:20,505 --> 00:50:22,905
and then 958 buildings, or 4%

1324
00:50:23,241 --> 00:50:25,641
exceptions have been requested,

1325
00:50:27,411 --> 00:50:28,546
so 554 buildings, technical

1326
00:50:28,546 --> 00:50:30,546
infeasibility. So there's

1327
00:50:31,683 --> 00:50:34,830
actually a structural limitation

1328
00:50:34,352 --> 00:50:36,752
that creates the noncompliance

1329
00:50:38,924 --> 00:50:40,792
issue. 378 have requested on the

1330
00:50:40,792 --> 00:50:42,560
checklist a financial hardship,

1331
00:50:42,560 --> 00:50:43,995
but have not necessarily applied

1332
00:50:43,995 --> 00:50:47,365
for a permit to go through the

1333
00:50:47,365 --> 00:50:49,935
steps for the appeal. And then

1334
00:50:49,935 --> 00:50:52,170
26 qualified for both the

1335
00:50:52,170 --> 00:50:53,839
technical and feasibility or and

1336
00:50:53,839 --> 00:50:55,607
a financial hardship. And in

1337
00:50:55,607 --> 00:50:57,420
that case, the technical

1338
00:50:57,420 --> 00:50:59,442
infeasibility would prevent the

1339
00:51:00,611 --> 00:51:02,847
need for appeal. The facade

1340
00:51:02,847 --> 00:51:04,847
inspection and maintenance

1341
00:51:07,519 --> 00:51:08,821
program is it requires the

1342
00:51:08,821 --> 00:51:11,890
exterior of all buildings that

1343
00:51:11,890 --> 00:51:13,225
are five or more storeys tall to

1344
00:51:13,225 --> 00:51:15,761
be regularly inspected by a

1345
00:51:15,761 --> 00:51:17,529
california licensed architect or

1346
00:51:17,529 --> 00:51:19,529
engineer. The reporting

1347
00:51:20,765 --> 00:51:23,765
deadlines are are staggered, and

1348
00:51:24,470 --> 00:51:27,339
they are between 1231 of 21 and

1349
00:51:27,339 --> 00:51:29,739
1231 of 32, and there are

1350
00:51:29,908 --> 00:51:32,308
ongoing requirements for that

1351
00:51:34,346 --> 00:51:36,746
program. 1791 buildings in the

1352
00:51:37,150 --> 00:51:39,415
comprehensive program of five

1353
00:51:42,755 --> 00:51:44,123
stories or more, 328 started or

1354
00:51:44,123 --> 00:51:46,123
completed comprehensive

1355
00:51:46,692 --> 00:51:49,920
compliance process. That's an

1356
00:51:53,650 --> 00:51:54,900
overall percentage of 18%, 1548

1357
00:51:54,900 --> 00:51:57,569
or 82%. The deadline has not

1358
00:51:57,569 --> 00:52:01,730
passed or they they are not out

1359
00:52:01,730 --> 00:52:03,473
of compliance for their

1360
00:52:04,577 --> 00:52:06,378
comprehensive program, 255

1361
00:52:06,378 --> 00:52:08,247
buildings are also in the

1362
00:52:08,247 --> 00:52:09,615
supplemental program. This

1363
00:52:09,615 --> 00:52:12,150
program includes buildings that

1364
00:52:14,786 --> 00:52:17,786
are 15 stories or more, 38 or

1365
00:52:18,986 --> 00:52:19,262
15% started or completed the

1366
00:52:19,262 --> 00:52:21,262
supplemental compliance process,

1367
00:52:23,196 --> 00:52:25,297
and then 217 or 85%. The

1368
00:52:25,297 --> 00:52:27,299
deadline has not passed, or they

1369
00:52:27,299 --> 00:52:30,899
are not out of compliance for

1370
00:52:31,437 --> 00:52:33,238
their supplemental program. So

1371
00:52:33,238 --> 00:52:35,775
for the future, what we foresee

1372
00:52:35,775 --> 00:52:39,975
coming down the pike and we have

1373
00:52:40,680 --> 00:52:44,880
been working as a team with the

1374
00:52:47,887 --> 00:52:49,155
department of. I just lost the

1375
00:52:49,155 --> 00:52:52,755
name of the department, but we

1376
00:52:53,460 --> 00:52:56,460
have been working with the

1377
00:52:59,866 --> 00:53:02,866
department of. Excuse me. The

1378
00:53:03,236 --> 00:53:06,236
department that is working on

1379
00:53:06,872 --> 00:53:09,272
the earthquake program directly.

1380
00:53:09,309 --> 00:53:12,412
I will think of it, the office

1381
00:53:12,412 --> 00:53:14,481
of mandelman. Correct? Yes, yes.

1382
00:53:14,481 --> 00:53:15,982
Thank you so much. Sorry about

1383
00:53:15,982 --> 00:53:17,550
that. So we've been working dbi

1384
00:53:17,550 --> 00:53:21,150
has been working with the office

1385
00:53:21,287 --> 00:53:23,687
of. Resilient resiliency through

1386
00:53:26,580 --> 00:53:28,458
the earthquake program screening.

1387
00:53:28,862 --> 00:53:31,970
And mayor breed has issued an

1388
00:53:31,970 --> 00:53:33,497
executive director to draft

1389
00:53:33,633 --> 00:53:35,535
legislation mandating screening

1390
00:53:35,535 --> 00:53:37,935
of concrete buildings for

1391
00:53:38,471 --> 00:53:39,672
seismic vulnerabilities and to

1392
00:53:39,672 --> 00:53:42,720
publish retrofit standards in

1393
00:53:42,842 --> 00:53:44,678
the san francisco building code.

1394
00:53:44,678 --> 00:53:46,180
So the deadline for this was

1395
00:53:46,180 --> 00:53:48,180
ten, 16, 24. Drafts are

1396
00:53:50,269 --> 00:53:50,550
completed for both both the

1397
00:53:50,550 --> 00:53:54,150
standards and also the draft for

1398
00:53:54,988 --> 00:53:56,890
the legislation. The pending

1399
00:53:56,890 --> 00:53:58,758
these two drafts are pending.

1400
00:53:58,758 --> 00:54:01,195
Introduction to the board of

1401
00:54:01,195 --> 00:54:02,363
supervisors. And we foresee that

1402
00:54:02,363 --> 00:54:04,365
that will be introduced in the

1403
00:54:04,365 --> 00:54:06,660
new year. And then the program

1404
00:54:06,660 --> 00:54:08,702
will the screening portion of

1405
00:54:08,702 --> 00:54:12,302
the program will go into effect,

1406
00:54:15,174 --> 00:54:18,174
most likely in summer of 2025.

1407
00:54:19,146 --> 00:54:20,881
Thank you. Thank you. We'll call

1408
00:54:20,881 --> 00:54:21,515
for public comment. And then the

1409
00:54:21,515 --> 00:54:23,915
commissioners will do their

1410
00:54:23,951 --> 00:54:26,653
question and answer. Thank you.

1411
00:54:26,653 --> 00:54:30,853
So is there a public comment on

1412
00:54:30,890 --> 00:54:33,460
item five? Is there any any

1413
00:54:33,460 --> 00:54:35,620
remotely seeing. None.

1414
00:54:35,620 --> 00:54:36,297
Commissioners have any questions

1415
00:54:36,297 --> 00:54:39,897
on this or comments on this

1416
00:54:41,135 --> 00:54:44,710
item. Thank you. MISS MISS

1417
00:54:44,710 --> 00:54:47,671
church or yes yes please. You

1418
00:54:49,420 --> 00:54:52,246
can you can come back up mary. I

1419
00:54:52,246 --> 00:54:55,846
was curious. So you're how does

1420
00:54:56,617 --> 00:54:59,487
your your division refer out of

1421
00:54:59,487 --> 00:55:01,220
compliance or buildings that are

1422
00:55:01,220 --> 00:55:02,390
not are non-compliant. Do you

1423
00:55:02,390 --> 00:55:03,791
refer them to code enforcement

1424
00:55:03,791 --> 00:55:05,226
or how does enforcement work. Is

1425
00:55:05,226 --> 00:55:06,600
that performed within your

1426
00:55:06,600 --> 00:55:08,195
division or does that get

1427
00:55:08,195 --> 00:55:09,930
referred out to inspectors. So

1428
00:55:09,930 --> 00:55:12,930
it is referred to code

1429
00:55:14,369 --> 00:55:15,670
enforcement when the when a

1430
00:55:15,670 --> 00:55:17,205
building is established to be

1431
00:55:17,205 --> 00:55:18,772
out of compliance. Actually,

1432
00:55:18,772 --> 00:55:21,772
we've been working directly with

1433
00:55:22,944 --> 00:55:24,611
code enforcement on a way to

1434
00:55:24,611 --> 00:55:26,280
make some alterations to our

1435
00:55:26,280 --> 00:55:28,680
existing permitting system where

1436
00:55:28,683 --> 00:55:30,118
we can actually flag code

1437
00:55:30,118 --> 00:55:32,287
enforcement when that happens.

1438
00:55:32,287 --> 00:55:33,321
So we've been making some MISS

1439
00:55:33,321 --> 00:55:34,522
Changes in our existing

1440
00:55:34,522 --> 00:55:36,922
permitting system, and we've

1441
00:55:37,925 --> 00:55:40,261
been working with mauricio from

1442
00:55:40,261 --> 00:55:42,661
code enforcement, and we're

1443
00:55:42,763 --> 00:55:44,465
getting there. And we hope to

1444
00:55:44,465 --> 00:55:45,332
actually see that in place by

1445
00:55:45,332 --> 00:55:47,680
JANUARY. But it's going to be

1446
00:55:47,680 --> 00:55:50,680
really helpful because it will

1447
00:55:50,205 --> 00:55:53,508
be rather than sort of, you

1448
00:55:53,508 --> 00:55:54,575
know, a referral via an excel

1449
00:55:54,575 --> 00:55:55,610
spreadsheet. It will be

1450
00:55:55,610 --> 00:55:57,111
something that automatically

1451
00:55:57,111 --> 00:55:59,113
flags the inspectors, and they

1452
00:55:59,113 --> 00:56:00,381
can see the compliance history

1453
00:56:00,381 --> 00:56:02,550
on the building before they go

1454
00:56:02,550 --> 00:56:03,618
out into the field to perform

1455
00:56:03,618 --> 00:56:05,120
their inspections. That's great.

1456
00:56:05,120 --> 00:56:06,888
Thank you. Do you happen to know

1457
00:56:06,888 --> 00:56:08,723
how many notices of violation

1458
00:56:08,723 --> 00:56:10,425
have been issued on any of these

1459
00:56:10,425 --> 00:56:13,425
divisions or any of these

1460
00:56:15,830 --> 00:56:19,430
programs? Let me see. Let me

1461
00:56:25,807 --> 00:56:27,800
have that information. If you

1462
00:56:27,800 --> 00:56:28,477
don't, we can maybe get that

1463
00:56:28,477 --> 00:56:30,645
through the director at a later

1464
00:56:30,645 --> 00:56:32,113
time. Yeah, we can get them for

1465
00:56:32,113 --> 00:56:34,382
you for sure. Yeah, I can get

1466
00:56:34,382 --> 00:56:36,584
that information to you. I'm not

1467
00:56:36,584 --> 00:56:37,218
sure that I did bring it with me

1468
00:56:37,218 --> 00:56:39,454
today. No problem. Okay. All

1469
00:56:39,454 --> 00:56:40,489
right. I have a question for you

1470
00:56:40,489 --> 00:56:43,425
as well. I was wondering if

1471
00:56:43,425 --> 00:56:45,994
there's some kind of balcony

1472
00:56:45,994 --> 00:56:47,994
inspection and maintenance

1473
00:56:51,166 --> 00:56:53,235
program. Because I feel like a

1474
00:56:53,235 --> 00:56:54,703
lot of times I'm just thinking

1475
00:56:54,703 --> 00:56:57,173
of the accident that happened in

1476
00:56:57,173 --> 00:56:58,574
berkeley. I think it was

1477
00:56:58,574 --> 00:56:59,675
semi-recently. And so because of

1478
00:56:59,675 --> 00:57:02,440
that accident, I know berkeley

1479
00:57:02,440 --> 00:57:04,113
started a I think they I don't

1480
00:57:04,113 --> 00:57:05,280
know what the status is, but I

1481
00:57:05,280 --> 00:57:06,481
think they're starting like a

1482
00:57:06,481 --> 00:57:07,415
balcony maintenance program. And

1483
00:57:07,415 --> 00:57:10,185
it seems like for balconies,

1484
00:57:10,185 --> 00:57:11,553
these have been sort of after a

1485
00:57:11,553 --> 00:57:14,553
tragedy happens. And so I'm

1486
00:57:14,657 --> 00:57:15,391
wondering if maybe as part of

1487
00:57:15,391 --> 00:57:17,126
the facade inspection, there

1488
00:57:17,126 --> 00:57:18,227
should be an offshoot to

1489
00:57:18,227 --> 00:57:20,396
balconies. I don't know if this

1490
00:57:20,396 --> 00:57:22,231
is the proper forum to talk

1491
00:57:22,231 --> 00:57:23,199
about this, but just hearing you

1492
00:57:23,199 --> 00:57:24,700
speak about the facade

1493
00:57:24,700 --> 00:57:25,968
inspection made me think about

1494
00:57:25,968 --> 00:57:28,737
balconies as part of that, you

1495
00:57:28,737 --> 00:57:30,380
know, can we have a new piece of

1496
00:57:30,380 --> 00:57:33,242
legislation so we can have matt

1497
00:57:33,242 --> 00:57:35,344
green address that one for you?

1498
00:57:35,344 --> 00:57:36,345
Yeah. So there's in the san

1499
00:57:36,345 --> 00:57:37,913
francisco housing code, there's

1500
00:57:37,913 --> 00:57:40,182
existing requirement that every

1501
00:57:40,182 --> 00:57:41,517
five years the appendages for

1502
00:57:41,517 --> 00:57:43,252
residential buildings must be

1503
00:57:43,252 --> 00:57:44,987
inspected. And there's submit a

1504
00:57:44,987 --> 00:57:46,922
report to the department.

1505
00:57:46,922 --> 00:57:48,323
There's also some state law

1506
00:57:48,323 --> 00:57:50,930
requirements that we're trying

1507
00:57:50,930 --> 00:57:51,995
to wrap into that housing code

1508
00:57:51,995 --> 00:57:53,262
requirement. But I could prepare

1509
00:57:53,262 --> 00:57:55,531
a more detailed report for that

1510
00:57:55,531 --> 00:57:59,131
if you want, in a future

1511
00:58:02,438 --> 00:58:03,720
meeting. All right. Thank you.

1512
00:58:03,720 --> 00:58:05,472
Any further questions or

1513
00:58:06,309 --> 00:58:08,845
comments? I have one more

1514
00:58:08,845 --> 00:58:11,314
question. I don't know which of

1515
00:58:11,314 --> 00:58:13,850
these microphones you hear. I

1516
00:58:13,850 --> 00:58:15,752
okay, well, if you can hear me,

1517
00:58:15,752 --> 00:58:17,153
that's all that matters. I so we

1518
00:58:17,153 --> 00:58:20,153
just had this conversation about

1519
00:58:21,424 --> 00:58:23,258
the appeals and how I'm curious

1520
00:58:23,258 --> 00:58:24,161
about how materials get sent out

1521
00:58:24,161 --> 00:58:25,996
about compliance for these

1522
00:58:25,996 --> 00:58:27,697
programs. Are people aware of

1523
00:58:27,697 --> 00:58:29,332
appeals processes? Is that a is

1524
00:58:29,332 --> 00:58:31,340
there an appeals process for

1525
00:58:31,340 --> 00:58:32,935
each of these programs? And just

1526
00:58:32,935 --> 00:58:34,470
if you could speak a little bit

1527
00:58:34,470 --> 00:58:35,872
to that, especially with some of

1528
00:58:35,872 --> 00:58:37,640
these programs already, their

1529
00:58:37,640 --> 00:58:39,575
due dates have their compliance

1530
00:58:39,575 --> 00:58:41,945
dates have passed. So I'm

1531
00:58:41,945 --> 00:58:43,179
wondering like have people

1532
00:58:43,179 --> 00:58:46,150
appealed? How do we get those

1533
00:58:46,150 --> 00:58:48,852
last that last percentage into

1534
00:58:48,852 --> 00:58:50,954
compliance? Okay, so you're

1535
00:58:50,954 --> 00:58:52,555
asking about all the programs,

1536
00:58:52,555 --> 00:58:54,924
whether or not there's an appeal

1537
00:58:54,924 --> 00:58:57,693
process for each program. Yes.

1538
00:58:57,693 --> 00:58:58,862
Okay. So we do have our

1539
00:58:58,862 --> 00:59:00,862
department of building

1540
00:59:01,640 --> 00:59:04,640
inspection appeals that we use

1541
00:59:04,267 --> 00:59:07,267
as our general format or

1542
00:59:07,504 --> 00:59:10,473
platform for appeals. The access

1543
00:59:10,473 --> 00:59:12,976
appeals commission is a specific

1544
00:59:12,976 --> 00:59:15,311
commission that was, you know,

1545
00:59:15,311 --> 00:59:18,150
developed as part of the

1546
00:59:18,150 --> 00:59:20,484
development of the ab program.

1547
00:59:20,484 --> 00:59:22,586
And their appeal process is

1548
00:59:22,586 --> 00:59:24,586
specific to accessibility

1549
00:59:28,792 --> 00:59:30,193
appeals. Thank you. Can I

1550
00:59:30,193 --> 00:59:32,162
somewhat along that lines, could

1551
00:59:32,162 --> 00:59:34,165
you talk about the process for

1552
00:59:34,165 --> 00:59:36,333
the exemptions requested? You

1553
00:59:36,333 --> 00:59:39,333
said is there an internal

1554
00:59:39,870 --> 00:59:40,971
process for granting exemptions

1555
00:59:40,971 --> 00:59:42,272
for technical and feasibility or

1556
00:59:42,272 --> 00:59:43,907
financial hardship. And could

1557
00:59:43,907 --> 00:59:46,430
you talk about that. So

1558
00:59:46,430 --> 00:59:47,777
financial hardship would be the

1559
00:59:47,777 --> 00:59:49,913
unreasonable hardship. And the

1560
00:59:49,913 --> 00:59:52,216
building code does not really

1561
00:59:52,216 --> 00:59:54,616
speak to unreasonable hardship.

1562
00:59:56,120 --> 00:59:57,555
The building code has specific

1563
00:59:57,555 --> 00:59:59,555
expectations for accessibility.

1564
01:00:00,424 --> 01:00:02,626
But of course the building code

1565
01:00:02,626 --> 01:00:04,728
requires accessibility to come

1566
01:00:04,728 --> 01:00:08,328
along with the improvement of a

1567
01:00:10,568 --> 01:00:12,603
building over time. So the ab

1568
01:00:12,603 --> 01:00:14,171
program is actually sort of it's

1569
01:00:14,171 --> 01:00:16,107
part of our san francisco

1570
01:00:16,107 --> 01:00:17,441
building code, but it's not part

1571
01:00:17,441 --> 01:00:19,760
of the state building code, and

1572
01:00:19,760 --> 01:00:22,146
it's not a requirement of state

1573
01:00:22,146 --> 01:00:24,448
building code that if a building

1574
01:00:24,448 --> 01:00:26,384
is not being improved, that

1575
01:00:26,384 --> 01:00:28,819
they're required to bring the

1576
01:00:28,819 --> 01:00:31,219
building into compliance with

1577
01:00:31,422 --> 01:00:33,357
accessibility. So the access

1578
01:00:33,357 --> 01:00:35,260
appeals commission does hear the

1579
01:00:35,260 --> 01:00:37,260
unreasonable hardship requests.

1580
01:00:38,863 --> 01:00:41,365
However, there is building code

1581
01:00:41,365 --> 01:00:43,267
criteria for establishing a

1582
01:00:43,267 --> 01:00:44,702
technical infeasibility. So

1583
01:00:44,702 --> 01:00:46,504
technical and feasibility are

1584
01:00:46,504 --> 01:00:48,904
actually determined within the

1585
01:00:48,939 --> 01:00:51,976
department as part of the plan

1586
01:00:51,976 --> 01:00:54,645
review process. Thank you. And

1587
01:00:54,645 --> 01:00:55,946
the we heard, do you know and if

1588
01:00:55,946 --> 01:00:58,149
you don't have it with you

1589
01:00:58,149 --> 01:01:01,619
that's to be that's that's fine.

1590
01:01:01,619 --> 01:01:04,189
But we saw the public comment

1591
01:01:04,189 --> 01:01:07,189
that approximately two thirds of

1592
01:01:08,159 --> 01:01:10,995
the 83% that are compliant in

1593
01:01:10,995 --> 01:01:12,296
compliance were either waived or

1594
01:01:12,296 --> 01:01:14,399
sought to be exempt. Do you

1595
01:01:14,399 --> 01:01:17,268
know, can you verify that or do

1596
01:01:17,268 --> 01:01:18,270
you do you have any information

1597
01:01:18,270 --> 01:01:20,720
to collaborate? I would have to

1598
01:01:20,720 --> 01:01:21,873
confirm that. Take a look at the

1599
01:01:21,873 --> 01:01:23,800
data. Yeah, that'd be that'd be

1600
01:01:23,800 --> 01:01:25,410
helpful if we can get that to

1601
01:01:25,410 --> 01:01:27,245
the director. Thank you. I'll be

1602
01:01:27,245 --> 01:01:28,246
happy to do that. Thank you so

1603
01:01:28,246 --> 01:01:29,380
much. I have no further

1604
01:01:29,380 --> 01:01:30,615
questions. Anybody else? Thank

1605
01:01:30,615 --> 01:01:32,583
you so much for your

1606
01:01:32,583 --> 01:01:34,850
presentations. Thank you. Our

1607
01:01:34,850 --> 01:01:35,720
next item is item six.

1608
01:01:35,720 --> 01:01:38,120
Director's report six a

1609
01:01:41,927 --> 01:01:43,280
director's update. Good morning.

1610
01:01:43,280 --> 01:01:44,663
It's good morning, PRESIDENT

1611
01:01:44,663 --> 01:01:45,897
Biden administration. Members of

1612
01:01:45,897 --> 01:01:47,980
the moderna's vaccine. I'm

1613
01:01:47,980 --> 01:01:48,933
patrick o'riordan, director of

1614
01:01:48,933 --> 01:01:50,501
the department of building

1615
01:01:50,501 --> 01:01:52,203
inspection. First, I'd like to

1616
01:01:52,203 --> 01:01:54,506
thank PRESIDENT Alexander and

1617
01:01:54,506 --> 01:01:56,800
the other commissioners who

1618
01:01:56,800 --> 01:01:57,776
joined us this morning for our

1619
01:01:57,776 --> 01:02:01,113
all hands, both remotely and in

1620
01:02:01,113 --> 01:02:03,215
person. Twice a year, we get all

1621
01:02:03,215 --> 01:02:04,415
our staff together for an hour

1622
01:02:04,415 --> 01:02:06,818
to acknowledge new and long

1623
01:02:06,818 --> 01:02:08,253
tenured employees, discuss

1624
01:02:08,253 --> 01:02:10,321
changes at the department,

1625
01:02:10,321 --> 01:02:12,691
provide updates on our strategic

1626
01:02:12,691 --> 01:02:16,610
plan, and share data on how we

1627
01:02:16,610 --> 01:02:17,262
are performing. So many of our

1628
01:02:17,262 --> 01:02:19,431
employees are in the field or

1629
01:02:19,431 --> 01:02:20,866
working directly with customers,

1630
01:02:20,866 --> 01:02:22,668
that these meetings are really

1631
01:02:22,668 --> 01:02:24,770
our chance to get together,

1632
01:02:24,770 --> 01:02:27,239
learn about each other's work,

1633
01:02:27,239 --> 01:02:29,909
and really understand the impact

1634
01:02:29,909 --> 01:02:32,909
of the improvements that we're

1635
01:02:43,155 --> 01:02:44,956
making.

1636
01:02:44,956 --> 01:02:47,360
If you weren't able to make it

1637
01:02:47,360 --> 01:02:48,161
this time, I hope you will join

1638
01:02:48,161 --> 01:02:50,496
us for the next meeting in the

1639
01:02:50,496 --> 01:02:51,230
spring. Last, I want to thank

1640
01:02:51,230 --> 01:02:53,232
you, commissioners, for your

1641
01:02:53,232 --> 01:02:55,467
support and dedication to our

1642
01:02:55,467 --> 01:02:57,302
department and to the city. Your

1643
01:02:57,302 --> 01:02:59,405
willingness to dedicate your

1644
01:02:59,405 --> 01:03:02,405
time, energy and intelligence to

1645
01:03:03,503 --> 01:03:04,410
overseeing dbi is welcome and

1646
01:03:04,410 --> 01:03:06,212
appreciated. From your tough

1647
01:03:06,212 --> 01:03:07,613
questions to your thoughtful

1648
01:03:07,613 --> 01:03:09,810
discussions, to your ongoing

1649
01:03:09,810 --> 01:03:10,983
support for our efforts to

1650
01:03:10,983 --> 01:03:13,352
improve the department, you push

1651
01:03:13,352 --> 01:03:16,589
us to be better. And for that,

1652
01:03:16,589 --> 01:03:18,490
we're deeply grateful. Thank

1653
01:03:18,490 --> 01:03:20,325
you. Happy holidays from all of

1654
01:03:20,325 --> 01:03:22,395
us at dbi. We look forward to

1655
01:03:22,395 --> 01:03:24,564
working with you in the new

1656
01:03:24,564 --> 01:03:27,990
year. And that almost concludes

1657
01:03:27,990 --> 01:03:29,669
my report, because I just wanted

1658
01:03:29,669 --> 01:03:31,437
to mention orp is the office of

1659
01:03:31,437 --> 01:03:33,837
resilience and capital planning.

1660
01:03:34,607 --> 01:03:37,700
It's a cross-departmental agency

1661
01:03:38,245 --> 01:03:40,480
that that that focuses on

1662
01:03:40,480 --> 01:03:42,248
resilience in the both

1663
01:03:42,248 --> 01:03:43,983
infrastructure and in housing in

1664
01:03:43,983 --> 01:03:46,850
the city. So just I'm sure

1665
01:03:46,850 --> 01:03:48,521
you're aware of that, but I just

1666
01:03:48,521 --> 01:03:52,121
thought I'd mention it. So that

1667
01:03:52,725 --> 01:03:55,725
does conclude my report. Okay.

1668
01:03:56,296 --> 01:04:00,496
Thank you. Next is item six b

1669
01:04:14,147 --> 01:04:16,547
update on major projects.

1670
01:04:19,986 --> 01:04:22,923
We have the deck. It's showing

1671
01:04:22,923 --> 01:04:24,240
here. Sfgov. Can we get that?

1672
01:04:24,240 --> 01:04:25,525
Thank you. There there there

1673
01:04:25,525 --> 01:04:26,559
there it is. And good morning

1674
01:04:26,559 --> 01:04:28,394
again, commissioners. The

1675
01:04:28,394 --> 01:04:29,529
following slides are intended to

1676
01:04:29,529 --> 01:04:31,265
highlight the volume and

1677
01:04:31,265 --> 01:04:33,133
valuation of projects costing 5

1678
01:04:33,133 --> 01:04:34,735
million or more that have been

1679
01:04:34,735 --> 01:04:37,471
filed, issued or completed in

1680
01:04:37,471 --> 01:04:38,738
the past month. We will profile

1681
01:04:38,738 --> 01:04:40,274
a few projects that bring

1682
01:04:40,274 --> 01:04:42,709
especially high value in terms

1683
01:04:42,709 --> 01:04:45,709
of their contribution to both

1684
01:04:47,780 --> 01:04:50,384
housing and community assets. In

1685
01:04:50,384 --> 01:04:51,685
NOVEMBER of 2024, seven permit

1686
01:04:51,685 --> 01:04:54,850
applications with an estimated

1687
01:04:54,288 --> 01:04:56,688
construction value of 5 million

1688
01:04:57,424 --> 01:04:59,292
or more were filed with dbi. One

1689
01:04:59,292 --> 01:05:01,762
application was for a new three

1690
01:05:01,762 --> 01:05:04,664
story office building for the

1691
01:05:04,664 --> 01:05:06,834
new southeast treatment plant at

1692
01:05:06,834 --> 01:05:09,234
750 phelps street that was

1693
01:05:09,770 --> 01:05:11,505
valued at 75 million. Another

1694
01:05:11,505 --> 01:05:14,775
was for the new carpenters union

1695
01:05:14,775 --> 01:05:17,775
hall at 3430 three third street,

1696
01:05:20,800 --> 01:05:21,948
that was valued at 15.6 million.

1697
01:05:21,948 --> 01:05:24,118
Last month we issued one high

1698
01:05:24,118 --> 01:05:25,486
value permit. It was for the

1699
01:05:25,486 --> 01:05:27,886
conversion of the hearst

1700
01:05:28,522 --> 01:05:30,191
building at five third street to

1701
01:05:30,191 --> 01:05:33,791
a hotel. The valuation of that

1702
01:05:35,620 --> 01:05:37,462
project is $53.3 million. And

1703
01:05:37,697 --> 01:05:39,533
lastly, dbi filed two high value

1704
01:05:39,533 --> 01:05:42,360
permits. One was for a medical

1705
01:05:42,360 --> 01:05:44,372
office tenant improvement at

1706
01:05:44,372 --> 01:05:46,372
1635 divisadero street, which

1707
01:05:47,642 --> 01:05:49,810
was valued at $8.9 million, and

1708
01:05:49,810 --> 01:05:52,179
the other was for a new

1709
01:05:52,179 --> 01:05:54,179
preschool facility at 333

1710
01:05:54,748 --> 01:05:57,748
dolores street that was valued

1711
01:06:00,155 --> 01:06:02,555
at $7.5 million. Thank you.

1712
01:06:03,992 --> 01:06:05,927
Thank you. Thank you. Next we

1713
01:06:05,927 --> 01:06:06,928
have item six c update on

1714
01:06:06,928 --> 01:06:09,328
proposed or recently enacted

1715
01:06:22,943 --> 01:06:24,679
state or local legislation.

1716
01:06:24,679 --> 01:06:25,847
Thank you. Morning. PRESIDENT

1717
01:06:25,847 --> 01:06:27,847
Alexander. Commission members.

1718
01:06:27,849 --> 01:06:28,983
Ted hanna, legislative affairs

1719
01:06:28,983 --> 01:06:31,520
manager. It should be a

1720
01:06:31,520 --> 01:06:32,386
relatively quick update given

1721
01:06:32,386 --> 01:06:33,121
the legislative session is

1722
01:06:33,121 --> 01:06:35,230
wrapping up and folks are

1723
01:06:35,230 --> 01:06:36,858
gearing up for the new year, but

1724
01:06:36,858 --> 01:06:39,427
we can run through next slide,

1725
01:06:39,427 --> 01:06:40,728
please. File number 241005. This

1726
01:06:40,728 --> 01:06:42,530
is an ordinance adopting chapter

1727
01:06:42,530 --> 01:06:44,132
six through 11 of the 2022

1728
01:06:44,132 --> 01:06:45,466
california existing building

1729
01:06:45,466 --> 01:06:47,350
code. We are not planning any

1730
01:06:47,350 --> 01:06:48,402
amendments for that adoption. It

1731
01:06:48,402 --> 01:06:49,570
is being reviewed by the code

1732
01:06:49,570 --> 01:06:51,573
advisory committee. They've seen

1733
01:06:51,573 --> 01:06:52,140
this twice now but are asking

1734
01:06:52,140 --> 01:06:53,575
for additional time. And so

1735
01:06:53,575 --> 01:06:55,610
we're willing to grant that,

1736
01:06:55,610 --> 01:06:56,912
have it go through the

1737
01:06:56,912 --> 01:06:58,130
subcommittees before it reaches

1738
01:06:58,130 --> 01:06:59,380
you all for additional review.

1739
01:06:59,380 --> 01:07:01,282
Next slide please. Next is file

1740
01:07:01,282 --> 01:07:02,550
number 240982. This is an

1741
01:07:02,550 --> 01:07:03,418
ordinance amending the building,

1742
01:07:03,418 --> 01:07:05,860
administrative and public works

1743
01:07:05,860 --> 01:07:05,620
codes to remove the local

1744
01:07:05,620 --> 01:07:07,188
requirement for existing

1745
01:07:07,188 --> 01:07:08,223
buildings with a place of public

1746
01:07:08,223 --> 01:07:08,924
accommodation to have all

1747
01:07:08,924 --> 01:07:10,125
primary entries and passive

1748
01:07:10,125 --> 01:07:11,393
travel into the building

1749
01:07:11,393 --> 01:07:13,461
accessible to persons with

1750
01:07:13,461 --> 01:07:13,962
disabilities, or to receive a

1751
01:07:13,962 --> 01:07:14,696
city. Determination of

1752
01:07:14,696 --> 01:07:15,997
equivalent facilitation,

1753
01:07:15,997 --> 01:07:17,320
technical infeasibility or

1754
01:07:17,320 --> 01:07:18,633
unreasonable hardship. This is

1755
01:07:18,633 --> 01:07:20,350
the av reform ordinance that

1756
01:07:20,350 --> 01:07:21,269
we've been discussing that you

1757
01:07:21,269 --> 01:07:23,605
all reviewed back on NOVEMBER

1758
01:07:23,605 --> 01:07:25,674
20th. Next slide please. And the

1759
01:07:25,674 --> 01:07:27,176
last local ordinance is file

1760
01:07:27,176 --> 01:07:28,577
number 241067. This is an

1761
01:07:28,577 --> 01:07:30,412
ordinance allowing interim

1762
01:07:30,412 --> 01:07:32,114
housing in hotels and motels

1763
01:07:32,114 --> 01:07:34,582
without requiring a change of

1764
01:07:34,582 --> 01:07:36,251
use or use classification. This

1765
01:07:36,251 --> 01:07:38,860
is also reviewed by you all and

1766
01:07:38,860 --> 01:07:40,486
approved unanimously on NOVEMBER

1767
01:07:40,956 --> 01:07:41,990
20th. Next slide please. And

1768
01:07:41,990 --> 01:07:43,693
then the state legislative

1769
01:07:43,693 --> 01:07:45,528
calendar on JANUARY 1st, unless

1770
01:07:45,528 --> 01:07:47,620
otherwise indicated within a

1771
01:07:47,620 --> 01:07:48,463
law, those statutes will take

1772
01:07:48,463 --> 01:07:50,299
effect JANUARY 6th. The

1773
01:07:50,299 --> 01:07:51,300
legislature will reconvene

1774
01:07:51,300 --> 01:07:52,568
JANUARY 10th. The budget must be

1775
01:07:52,568 --> 01:07:54,670
submitted by the governor. The

1776
01:07:54,670 --> 01:07:55,671
first draft of his budget. And

1777
01:07:55,671 --> 01:07:57,139
then by FEBRUARY 21st, bills

1778
01:07:57,139 --> 01:07:58,106
will be introduced. And so we

1779
01:07:58,106 --> 01:07:59,241
should have a good understanding

1780
01:07:59,241 --> 01:08:01,110
of what's going to be pending

1781
01:08:01,110 --> 01:08:02,478
before us. Obviously, bills can

1782
01:08:02,478 --> 01:08:03,913
be cut and amended, and so we'll

1783
01:08:03,913 --> 01:08:05,714
have new things throughout the

1784
01:08:05,714 --> 01:08:06,382
legislative cycle, but we'll

1785
01:08:06,382 --> 01:08:07,683
have a general understanding by

1786
01:08:07,683 --> 01:08:09,285
FEBRUARY 21st. Happy to answer

1787
01:08:09,285 --> 01:08:12,285
any questions. Thank you. Thank

1788
01:08:15,900 --> 01:08:19,290
you. Thank you. Next is item six

1789
01:08:22,365 --> 01:08:23,733
d update on inspection services.

1790
01:08:23,733 --> 01:08:25,134
Good morning commissioners. I'm

1791
01:08:25,134 --> 01:08:26,569
matthew green, deputy director

1792
01:08:26,569 --> 01:08:28,137
for inspection services. I'm

1793
01:08:28,137 --> 01:08:29,238
pleased to provide an update of

1794
01:08:29,238 --> 01:08:31,638
the activities performance of

1795
01:08:32,441 --> 01:08:34,841
the inspection services division

1796
01:08:35,210 --> 01:08:36,646
for NOVEMBER. Next slide please.

1797
01:08:36,646 --> 01:08:37,780
In NOVEMBER of 2024, the

1798
01:08:37,780 --> 01:08:39,780
building, electrical and

1799
01:08:40,850 --> 01:08:42,850
plumbing divisions conducted

1800
01:08:43,352 --> 01:08:44,620
9254 inspections. 91% of these

1801
01:08:44,620 --> 01:08:46,155
inspections were conducted

1802
01:08:46,155 --> 01:08:48,290
within two business days of the

1803
01:08:48,290 --> 01:08:51,590
date requested by the customer.

1804
01:08:51,590 --> 01:08:53,363
Meeting our target of 90%. Next

1805
01:08:53,363 --> 01:08:54,297
slide. In the same month, our

1806
01:08:54,297 --> 01:08:56,297
housing inspection services

1807
01:08:56,733 --> 01:08:58,568
conducted 702 inspections, with

1808
01:08:58,568 --> 01:09:00,403
58 of them being the routine

1809
01:09:00,403 --> 01:09:01,938
inspections of residential

1810
01:09:01,938 --> 01:09:03,938
housing. Residential apartment

1811
01:09:06,800 --> 01:09:07,276
building. Sorry. Next slide. The

1812
01:09:07,276 --> 01:09:09,276
building, electrical and

1813
01:09:10,279 --> 01:09:11,248
plumbing divisions received 415

1814
01:09:11,248 --> 01:09:13,490
complaints. Additionally, our

1815
01:09:13,490 --> 01:09:15,449
code enforcement division sent

1816
01:09:15,518 --> 01:09:17,518
102 cases onto directors

1817
01:09:19,622 --> 01:09:22,220
hearings. Lastly, our housing

1818
01:09:22,425 --> 01:09:24,227
inspection services received 333

1819
01:09:24,227 --> 01:09:26,762
non life hazard complaints and

1820
01:09:26,762 --> 01:09:28,665
responded to 88% of them within

1821
01:09:28,665 --> 01:09:29,600
three business days for life

1822
01:09:29,600 --> 01:09:31,368
hazard and heat complaints.

1823
01:09:31,368 --> 01:09:33,368
Housing received 44 complaints

1824
01:09:34,404 --> 01:09:35,772
and responded to 84% of those

1825
01:09:35,772 --> 01:09:37,540
within one business day. Housing

1826
01:09:37,540 --> 01:09:39,940
inspection services was also

1827
01:09:40,777 --> 01:09:42,245
able to abate 266 cases with a

1828
01:09:42,245 --> 01:09:44,130
notice of violation, and sent 22

1829
01:09:44,130 --> 01:09:47,130
additional cases on to directors

1830
01:09:47,217 --> 01:09:48,652
hearing. That concludes my

1831
01:09:48,652 --> 01:09:50,587
report. I'm available for any

1832
01:09:50,587 --> 01:09:53,587
questions you MAY have. Thank

1833
01:09:55,258 --> 01:09:59,458
you. Thank you. Next we have six

1834
01:10:04,101 --> 01:10:05,803
e update on dbi finances. Good

1835
01:10:05,803 --> 01:10:07,371
morning commissioners. Alex

1836
01:10:07,371 --> 01:10:08,806
koskinen, deputy director,

1837
01:10:08,806 --> 01:10:11,800
administration. This month I

1838
01:10:11,800 --> 01:10:13,610
have a regular financial update,

1839
01:10:13,610 --> 01:10:16,112
some news about the budget and

1840
01:10:16,112 --> 01:10:19,112
some other programmatic news to

1841
01:10:20,918 --> 01:10:22,520
share with you. So we're five

1842
01:10:22,520 --> 01:10:24,922
months of the way through the

1843
01:10:24,922 --> 01:10:27,922
year. We will make projections

1844
01:10:28,325 --> 01:10:30,527
in JANUARY for six months and

1845
01:10:30,527 --> 01:10:34,127
then again at nine month. Next

1846
01:10:34,831 --> 01:10:36,967
slide please. NOVEMBER was not

1847
01:10:36,967 --> 01:10:38,702
our greatest month. Financially.

1848
01:10:38,702 --> 01:10:41,380
It was a bit slower. Hopefully

1849
01:10:41,380 --> 01:10:43,106
that is just slow winter time.

1850
01:10:43,106 --> 01:10:44,375
And it picks up especially

1851
01:10:44,375 --> 01:10:46,143
compared to last year. There was

1852
01:10:46,143 --> 01:10:48,112
one very large project last

1853
01:10:48,112 --> 01:10:49,413
year. So comparatively this

1854
01:10:49,413 --> 01:10:52,413
NOVEMBER does not look great,

1855
01:10:52,449 --> 01:10:54,384
but we're still on track to come

1856
01:10:54,384 --> 01:10:57,821
in on budget by the end of the

1857
01:10:57,821 --> 01:10:58,856
year. Next slide please.

1858
01:10:58,856 --> 01:11:01,256
Expenditures. It's still early,

1859
01:11:02,460 --> 01:11:05,162
but we're tracking at or below

1860
01:11:05,162 --> 01:11:07,562
budget for expenditures. Next

1861
01:11:08,999 --> 01:11:10,660
slide please. Again as as

1862
01:11:10,660 --> 01:11:11,435
previously mentioned this

1863
01:11:11,435 --> 01:11:13,304
NOVEMBER was not great. We're

1864
01:11:13,304 --> 01:11:14,672
still at the same number of

1865
01:11:14,672 --> 01:11:16,240
permits for the same time

1866
01:11:16,240 --> 01:11:17,975
period, the first five months of

1867
01:11:17,975 --> 01:11:19,510
the year as compared to last

1868
01:11:19,510 --> 01:11:22,510
year. However, the valuation is

1869
01:11:22,613 --> 01:11:25,850
now lower again due to one very

1870
01:11:25,850 --> 01:11:28,250
large project. Next slide

1871
01:11:30,221 --> 01:11:31,523
please. So I mentioned last

1872
01:11:31,523 --> 01:11:33,491
meeting and I'll mention again.

1873
01:11:33,491 --> 01:11:35,293
Now I'm very interested to hear

1874
01:11:35,293 --> 01:11:37,461
feedback from all commissioners

1875
01:11:37,461 --> 01:11:38,930
on what they would like to see

1876
01:11:38,930 --> 01:11:40,631
for next month's budget

1877
01:11:40,631 --> 01:11:42,631
presentations, what information

1878
01:11:44,722 --> 01:11:45,236
they're hoping to see in order

1879
01:11:45,236 --> 01:11:48,236
to make informed decisions in

1880
01:11:49,307 --> 01:11:52,100
the upcoming vote, on whether to

1881
01:11:52,100 --> 01:11:55,610
send the approved budget to the

1882
01:11:55,780 --> 01:11:57,482
board and the mayor. Mayor's

1883
01:11:57,482 --> 01:11:59,417
budget office has just released

1884
01:11:59,417 --> 01:12:02,417
budget instructions for the next

1885
01:12:03,200 --> 01:12:04,822
fiscal year. The. Among the main

1886
01:12:04,822 --> 01:12:07,425
point in their presentation was

1887
01:12:07,425 --> 01:12:09,962
that they are projecting a $1.5

1888
01:12:09,962 --> 01:12:12,697
billion deficit over the next

1889
01:12:12,697 --> 01:12:14,432
five years, and that is higher

1890
01:12:14,432 --> 01:12:15,866
than I have seen in the past.

1891
01:12:15,866 --> 01:12:17,569
They always project deficits and

1892
01:12:17,569 --> 01:12:19,237
then lower expenditures to get

1893
01:12:19,237 --> 01:12:22,600
that under control. But things

1894
01:12:22,600 --> 01:12:23,876
seem a bit worse because the

1895
01:12:23,876 --> 01:12:26,445
projection or the deficit has

1896
01:12:26,445 --> 01:12:27,913
caused at least partially by

1897
01:12:27,913 --> 01:12:30,313
lower revenue estimates. They're

1898
01:12:31,116 --> 01:12:33,218
not projecting an overall

1899
01:12:33,218 --> 01:12:34,652
deficit or a recession in the

1900
01:12:34,652 --> 01:12:37,520
economy, but they're they're

1901
01:12:37,622 --> 01:12:39,623
cautioning that recovery remains

1902
01:12:39,623 --> 01:12:41,760
slow in san francisco. And so

1903
01:12:41,760 --> 01:12:45,360
the general fund will not be

1904
01:12:45,397 --> 01:12:47,332
there to bail programs out. So

1905
01:12:47,332 --> 01:12:50,202
they have given instructions to

1906
01:12:50,202 --> 01:12:52,602
all departments citywide that

1907
01:12:54,506 --> 01:12:56,274
they want to see a 15% reduction

1908
01:12:56,274 --> 01:12:59,144
to all general fund supported

1909
01:12:59,144 --> 01:13:02,470
expenditures. And the cbo that

1910
01:13:02,470 --> 01:13:04,616
applies to dbi cbo grants, which

1911
01:13:04,616 --> 01:13:06,718
are dbi only general fund

1912
01:13:06,718 --> 01:13:09,118
supported expenditures. So we

1913
01:13:10,388 --> 01:13:12,924
were given the amount that will

1914
01:13:12,924 --> 01:13:15,924
be in the department's budget

1915
01:13:15,962 --> 01:13:17,962
submission. That's the $3.672

1916
01:13:19,310 --> 01:13:22,310
million, down from the 4.32 as

1917
01:13:22,401 --> 01:13:23,936
approved last year. There is a

1918
01:13:23,936 --> 01:13:25,137
lot of uncertainty with the

1919
01:13:25,137 --> 01:13:26,538
budget overall. We have a new

1920
01:13:26,538 --> 01:13:28,938
mayor, a new administration

1921
01:13:29,875 --> 01:13:31,576
coming in, so it remains to be

1922
01:13:31,576 --> 01:13:33,212
seen what the new administration

1923
01:13:33,212 --> 01:13:34,881
will do, what changes they will

1924
01:13:34,881 --> 01:13:36,382
make in the mayor's budget

1925
01:13:36,382 --> 01:13:38,782
office, what their priorities

1926
01:13:39,518 --> 01:13:41,987
will be. So we have I think the

1927
01:13:41,987 --> 01:13:43,155
whole city is in a general

1928
01:13:43,155 --> 01:13:44,290
holding pattern. They've been

1929
01:13:44,290 --> 01:13:45,891
told to make these reductions

1930
01:13:45,891 --> 01:13:47,493
for now, and then we will have

1931
01:13:47,493 --> 01:13:49,962
new conversations in the mayor's

1932
01:13:49,962 --> 01:13:53,132
phase of the budget with the new

1933
01:13:53,132 --> 01:13:55,132
administration. And also

1934
01:13:55,301 --> 01:13:57,236
recently, after this

1935
01:13:57,236 --> 01:13:58,504
presentation was developed, we

1936
01:13:58,504 --> 01:14:01,207
learned some news about one of

1937
01:14:01,207 --> 01:14:03,409
the cbos that I'd like to share,

1938
01:14:03,409 --> 01:14:06,612
casa justa just cause one of the

1939
01:14:06,612 --> 01:14:09,282
smaller psyop program cbos has

1940
01:14:09,282 --> 01:14:11,584
let us know that they will close

1941
01:14:11,584 --> 01:14:13,453
permanently and cease operations

1942
01:14:13,453 --> 01:14:16,220
very soon, DECEMBER 20th. So

1943
01:14:16,220 --> 01:14:17,390
we're meeting with them to

1944
01:14:17,390 --> 01:14:19,580
determine what that means, what

1945
01:14:19,580 --> 01:14:22,580
the impacts are. Are they

1946
01:14:23,462 --> 01:14:26,265
shutting down all services or

1947
01:14:26,265 --> 01:14:28,768
exactly what that means for the

1948
01:14:28,768 --> 01:14:31,168
services they provide, and

1949
01:14:33,740 --> 01:14:35,374
exploring options for how to how

1950
01:14:35,374 --> 01:14:38,374
to ensure that the service

1951
01:14:38,511 --> 01:14:40,480
continues to be provided. And

1952
01:14:40,480 --> 01:14:43,850
that's it. I'd be happy to

1953
01:14:43,850 --> 01:14:46,850
answer any questions. One for

1954
01:14:46,887 --> 01:14:48,888
me. Just one. Oh, sorry. Thank

1955
01:14:48,888 --> 01:14:51,157
you. Just one. Alex, it's the

1956
01:14:51,157 --> 01:14:54,360
same question. I think we keep

1957
01:14:54,360 --> 01:14:57,960
asking. We as a commission can't

1958
01:14:58,970 --> 01:15:00,660
change the budget. So I

1959
01:15:00,660 --> 01:15:02,202
recommend we can make we can

1960
01:15:02,202 --> 01:15:03,737
recommend or pass it with

1961
01:15:03,737 --> 01:15:05,905
recommendations, but we can't

1962
01:15:05,905 --> 01:15:08,375
change any light items. We can't

1963
01:15:08,375 --> 01:15:09,709
say alex, go back to the board

1964
01:15:09,709 --> 01:15:10,943
and like change those numbers.

1965
01:15:10,943 --> 01:15:14,113
Move that over there. We can't

1966
01:15:14,113 --> 01:15:15,715
do any of that or can we? Thank

1967
01:15:15,715 --> 01:15:17,383
you for bringing that up. And

1968
01:15:17,383 --> 01:15:19,153
sorry, I was going to mention

1969
01:15:19,153 --> 01:15:21,688
thank you very much, vice

1970
01:15:21,688 --> 01:15:23,189
PRESIDENT, for your questions

1971
01:15:23,189 --> 01:15:26,789
that you sent in. Hopefully you

1972
01:15:27,427 --> 01:15:29,262
received the responses. Correct.

1973
01:15:29,262 --> 01:15:31,731
The commission cannot make line

1974
01:15:31,731 --> 01:15:33,299
item changes to the budget. The

1975
01:15:33,299 --> 01:15:34,701
commission interacts with the

1976
01:15:34,701 --> 01:15:35,803
department through the

1977
01:15:35,803 --> 01:15:38,203
department heads. So the

1978
01:15:38,205 --> 01:15:40,307
commission would send a request

1979
01:15:40,307 --> 01:15:42,707
to director o'riordan through

1980
01:15:43,176 --> 01:15:45,576
the commission secretary, with

1981
01:15:47,800 --> 01:15:50,800
its priorities and wishes and

1982
01:15:50,183 --> 01:15:52,820
potential changes to the budget,

1983
01:15:52,820 --> 01:15:53,921
and to get into some of the

1984
01:15:53,921 --> 01:15:56,123
other questions that you had

1985
01:15:56,123 --> 01:15:57,725
asked. The department is one of

1986
01:15:57,725 --> 01:15:59,590
the earlier phases of the

1987
01:15:59,590 --> 01:16:00,361
budget. After the department

1988
01:16:00,361 --> 01:16:02,629
submits its budget, it goes to

1989
01:16:02,629 --> 01:16:05,629
the mayor's office. Who who

1990
01:16:06,566 --> 01:16:08,468
makes changes? They will submit

1991
01:16:08,468 --> 01:16:09,937
mayor's proposed budget on JUNE

1992
01:16:09,937 --> 01:16:13,537
1st. They can make any changes

1993
01:16:13,541 --> 01:16:15,376
they want. After that. Then the

1994
01:16:15,376 --> 01:16:17,111
supervisors take over and they

1995
01:16:17,111 --> 01:16:19,213
can make limited changes. They

1996
01:16:19,213 --> 01:16:21,480
can't change anything. They

1997
01:16:21,480 --> 01:16:23,183
can't increase the oversight

1998
01:16:23,183 --> 01:16:25,319
overall size of the budget. But

1999
01:16:25,319 --> 01:16:28,319
they make their changes. And

2000
01:16:29,223 --> 01:16:31,920
then it's passed by the full

2001
01:16:31,920 --> 01:16:32,894
board and signed by the mayor

2002
01:16:32,894 --> 01:16:34,828
again. So that's the order of

2003
01:16:34,828 --> 01:16:36,297
operations. It doesn't come back

2004
01:16:36,297 --> 01:16:38,933
to the budget, does not come

2005
01:16:38,933 --> 01:16:41,268
back to the bic after it, after

2006
01:16:41,268 --> 01:16:43,668
the department submission is

2007
01:16:45,206 --> 01:16:48,206
made in FEBRUARY. Okay. Thank

2008
01:16:48,743 --> 01:16:49,510
you. I think you actually

2009
01:16:49,510 --> 01:16:51,379
answered my question. I was

2010
01:16:51,379 --> 01:16:53,140
going to ask timing and phases

2011
01:16:53,140 --> 01:16:55,182
of this, but it sounds like we

2012
01:16:55,182 --> 01:16:57,582
make our recommendations in

2013
01:16:57,718 --> 01:16:59,520
FEBRUARY and then it kind of

2014
01:16:59,520 --> 01:17:01,655
goes off into other hands from

2015
01:17:01,655 --> 01:17:04,592
there. And we don't know until

2016
01:17:04,592 --> 01:17:07,362
after JUNE what the final

2017
01:17:07,362 --> 01:17:09,762
decisions are. Correct. The

2018
01:17:09,797 --> 01:17:12,197
final budget, final decisions

2019
01:17:14,235 --> 01:17:17,838
are made in JULY, and then the

2020
01:17:17,838 --> 01:17:20,238
mayor officially signs around

2021
01:17:25,130 --> 01:17:26,581
AUGUST 1st. Thank you. So,

2022
01:17:26,581 --> 01:17:28,981
commissioners, please, if you

2023
01:17:29,170 --> 01:17:31,552
want to see things as part of

2024
01:17:31,552 --> 01:17:33,552
alex's budget presentation,

2025
01:17:33,587 --> 01:17:35,987
please make those requests

2026
01:17:35,990 --> 01:17:37,392
through the secretary so that

2027
01:17:37,392 --> 01:17:39,528
they can he can be sure to

2028
01:17:39,528 --> 01:17:41,129
include those as part of his

2029
01:17:41,129 --> 01:17:44,129
budget presentation and some of

2030
01:17:45,100 --> 01:17:47,500
the background materials. Thank

2031
01:17:48,469 --> 01:17:49,704
you. So is there any public

2032
01:17:49,704 --> 01:17:52,104
comment on the director's

2033
01:17:52,373 --> 01:17:55,973
report? Item six a through e?

2034
01:17:56,311 --> 01:17:59,911
There is. I have a handout.

2035
01:18:12,761 --> 01:18:14,761
Thank you.

2036
01:18:31,681 --> 01:18:33,681
Wow.

2037
01:18:35,852 --> 01:18:36,485
Okay I'm ready. Thank you for

2038
01:18:36,485 --> 01:18:39,254
waiting. This slide is from my

2039
01:18:39,254 --> 01:18:41,123
NOVEMBER 24th. Excuse me 2024

2040
01:18:41,123 --> 01:18:43,523
presentation of inspector mark

2041
01:18:43,525 --> 01:18:45,727
wahl's 95 orange alley condo

2042
01:18:45,727 --> 01:18:48,998
project. And it deals with the

2043
01:18:48,998 --> 01:18:51,167
30 suppressed complaints. I sent

2044
01:18:51,167 --> 01:18:53,669
dbi a request for copies of the

2045
01:18:53,669 --> 01:18:55,370
30 suppressed complaints. When I

2046
01:18:55,370 --> 01:18:56,906
didn't get them, I filed

2047
01:18:56,906 --> 01:18:59,306
followed up with director

2048
01:19:00,442 --> 01:19:02,842
o'riordan, who instructed the

2049
01:19:03,779 --> 01:19:05,615
sunshine team to deal with my

2050
01:19:05,615 --> 01:19:07,160
request. They told me they don't

2051
01:19:07,160 --> 01:19:09,318
have the complaints. They say

2052
01:19:09,318 --> 01:19:12,880
the complaints are test files,

2053
01:19:12,880 --> 01:19:14,423
but if you look at the first

2054
01:19:14,423 --> 01:19:15,925
page, you know there they have

2055
01:19:15,925 --> 01:19:18,894
condo numbers on them. It

2056
01:19:18,894 --> 01:19:20,929
doesn't make any sense. Two days

2057
01:19:20,929 --> 01:19:25,301
ago, I asked dbi to send me the

2058
01:19:25,301 --> 01:19:27,103
30 test file documents and they

2059
01:19:27,103 --> 01:19:29,271
told me they were double

2060
01:19:29,271 --> 01:19:31,474
checking yesterday. They told me

2061
01:19:31,474 --> 01:19:33,874
they have no responsive

2062
01:19:34,100 --> 01:19:36,780
documents in tts. But if you see

2063
01:19:36,780 --> 01:19:38,247
on the right side of the screen,

2064
01:19:38,247 --> 01:19:41,184
I called up one of those

2065
01:19:41,184 --> 01:19:43,584
documents. So there are 30

2066
01:19:44,354 --> 01:19:47,290
documents in tts complaints with

2067
01:19:47,290 --> 01:19:50,290
complaint numbers. So that's not

2068
01:19:50,593 --> 01:19:53,696
true. I mean, this is nonsense.

2069
01:19:53,696 --> 01:19:56,696
This is like total freaking

2070
01:19:59,135 --> 01:20:00,904
nonsense. And it needs to stop.

2071
01:20:00,904 --> 01:20:05,104
I have one more thing I'd like

2072
01:20:13,749 --> 01:20:15,749
to show you.

2073
01:20:21,458 --> 01:20:22,759
And that is. This is the. If you

2074
01:20:22,759 --> 01:20:26,359
could turn the computer on. This

2075
01:20:28,364 --> 01:20:31,964
is the dbi meeting calendar for

2076
01:20:36,506 --> 01:20:38,906
DECEMBER 2024. Very useful. Not.

2077
01:20:41,511 --> 01:20:43,146
Thank you, thank you. Any

2078
01:20:43,146 --> 01:20:45,546
additional public comment in

2079
01:20:46,416 --> 01:20:47,917
person or remotely? Seeing none.

2080
01:20:47,917 --> 01:20:49,917
Item seven. Commissioners.

2081
01:20:50,254 --> 01:20:52,489
Questions and matters seven a

2082
01:20:52,489 --> 01:20:53,457
inquiries to staff. At this

2083
01:20:53,457 --> 01:20:55,250
time, commissioners MAY make

2084
01:20:55,250 --> 01:20:56,727
inquiries to staff regarding

2085
01:20:56,727 --> 01:20:57,895
various documents, policies,

2086
01:20:57,895 --> 01:20:58,895
practices and procedures which

2087
01:20:58,895 --> 01:21:00,964
are of interest to the

2088
01:21:00,964 --> 01:21:02,799
commission and seven be future

2089
01:21:02,799 --> 01:21:04,670
meeting and agendas. At this

2090
01:21:04,670 --> 01:21:06,503
time, the commission MAY discuss

2091
01:21:06,503 --> 01:21:07,638
and take action to set the date

2092
01:21:07,638 --> 01:21:08,406
of a special meeting and or

2093
01:21:08,406 --> 01:21:11,141
determine those items that could

2094
01:21:11,141 --> 01:21:13,577
be placed on the agenda of the

2095
01:21:13,577 --> 01:21:14,445
next meeting and other future

2096
01:21:14,445 --> 01:21:16,845
meetings of the building

2097
01:21:17,481 --> 01:21:19,116
inspection commission. The next

2098
01:21:19,116 --> 01:21:22,116
regular meeting will be on

2099
01:21:22,652 --> 01:21:25,520
january 15th, 2025. And are

2100
01:21:27,325 --> 01:21:29,426
there any inquiries to staff? Or

2101
01:21:29,426 --> 01:21:32,426
future items for the JANUARY

2102
01:21:38,268 --> 01:21:40,437
meeting? No. JANUARY 15th okay

2103
01:21:40,437 --> 01:21:42,707
okay okay. Thank you. Sorry. And

2104
01:21:42,707 --> 01:21:44,342
then all of you can reach out to

2105
01:21:44,342 --> 01:21:46,877
me if you'd like. I'm just going

2106
01:21:46,877 --> 01:21:48,346
to make a quick comment about

2107
01:21:48,346 --> 01:21:51,882
okay, go ahead. Go ahead and

2108
01:21:51,882 --> 01:21:53,984
speak. Just an update. I met

2109
01:21:53,984 --> 01:21:56,720
with matt green to talk about

2110
01:21:56,720 --> 01:22:00,858
our backlog on arb, so just keep

2111
01:22:00,858 --> 01:22:03,610
an eye out for 2025. We might be

2112
01:22:03,610 --> 01:22:04,462
having a few extra arb meetings

2113
01:22:04,462 --> 01:22:06,264
to get through that backlog.

2114
01:22:06,264 --> 01:22:07,365
There's been a lot of other work

2115
01:22:07,365 --> 01:22:09,900
done to address permits that are

2116
01:22:09,900 --> 01:22:11,268
moving forward and trying to

2117
01:22:11,268 --> 01:22:14,710
reduce the number of cases that

2118
01:22:14,710 --> 01:22:15,739
we have to hear, but we just

2119
01:22:15,739 --> 01:22:17,208
simply cannot get through all of

2120
01:22:17,208 --> 01:22:19,878
them if we maintain our current

2121
01:22:19,878 --> 01:22:22,814
cadence. So we'll have a few

2122
01:22:22,814 --> 01:22:23,648
extra meetings next year and

2123
01:22:23,648 --> 01:22:27,248
we'll be reaching out about time

2124
01:22:28,486 --> 01:22:31,222
that works. Okay. Thank you.

2125
01:22:31,222 --> 01:22:34,222
Okay. Is there any public

2126
01:22:34,993 --> 01:22:36,528
comment on seven a and b? Seeing

2127
01:22:36,528 --> 01:22:38,960
none? Item eight review and

2128
01:22:38,960 --> 01:22:39,764
approval of the minutes of the

2129
01:22:39,764 --> 01:22:42,164
regular meeting of NOVEMBER

2130
01:22:43,701 --> 01:22:45,169
20th, 2024. So moved. There's a

2131
01:22:45,169 --> 01:22:47,569
motion by PRESIDENT Alexander

2132
01:22:48,500 --> 01:22:49,874
two. Is there a second, second

2133
01:22:49,874 --> 01:22:51,942
and a second by commissioner

2134
01:22:51,942 --> 01:22:54,942
williams. Is there any public

2135
01:22:55,180 --> 01:22:56,581
comment on the minutes seeing

2136
01:22:56,581 --> 01:22:59,581
none? Are all commissioners in

2137
01:23:00,585 --> 01:23:02,587
favor? I any opposed? And the

2138
01:23:02,587 --> 01:23:04,587
motion carries unanimously.

2139
01:23:05,230 --> 01:23:06,157
Thank you. Next item nine

2140
01:23:06,157 --> 01:23:08,559
adjournment. Is there a motion

2141
01:23:08,559 --> 01:23:11,330
to adjourn? So moved. And there

2142
01:23:11,330 --> 01:23:13,365
a second. Second okay. All

2143
01:23:13,365 --> 01:23:15,765
commissioners in favor. Aye,

2144
01:23:16,434 --> 01:23:17,869
aye. We are now adjourned. It is

2145
01:23:17,869 --> 01:23:20,869
11:27 A.M. And happy holidays