Building inspector joe duffy dbi please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. Have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. Speaker cards and pens are available on the left side of the podium. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 Mission Street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Thank you so well start with number one item one anyone wants to to the board any general Public Comment . Seeing none, monarchy to item 2 the election of officers pursuant to the rules we hold officer elections he want wanted to take the opportunity to thank you commissioner honda and commissioner fung for their service and i think what we typically do start with the wanting office and take nominations and move on to Vice President anyone here wants to nominee a colleague or themselves more office of president id like to nominate defense attorneyal honda ill go with that. Me, too. Okay. Any other nomination for this office okay. Seeing none we have a nomination from commissioner swig to elect wanting honda for another term and indicated hes willing to serve that on on that motion im sorry Public Comment any Public Comment . That motion. Thank you. Seeing none, then ill call roll on that motion commissioner fung commissioner lazarus commissioner honda and commissioner wilson i. Okay. Got to cough on that congratulations wanting honda moving on to the office of Vice President and take nominations. Id like to nominate the current Vice President to do one more term please. Any other nomination for that office and. Willing to take it they should come forward. Are you willing to serve. I am sorry. Okay. So is there any Public Comment on the nomination of commissioner fung to be the Vice President of the board. Okay seeing no Public Comment. We have a motion from wanting honda to elect franklin functioning as the boards Vice President on that motion well ask the Vice President. I. And commissioner lazarus and commissioner wilson and commissioner swig okay. That motion carries we have the officers for the next year thank you very much. Thank you very much commissioners. Okay. So well move on on to item 3 which is commissioners questions or comments anything commissioners . Item 4 the boards consideration and possible adoption of january 18, 2016, minutes unless additions, deletions, or changes may i have a motion to approve those minutes. So moved. Any any Public Comment on the minutes seeing none, to adopt the minutes on that motion commissioner fung commissioner honda commissioner wilson and commissioner swig that motion carries the minutes are adapted moving on to item 5 the jurisdiction at Market Street thomas requester asking the board take jurisdiction over the application which was issued on september 16, 2016, by the department of building inspection the appeal period eventd in 2016 and the jurisdiction was filed on january 6, 2015, the permit holder is b b and the notice of violation alteration of stairs to item 2 first floor and notice of violation for remodeling of bathrooms well start with the requester mr. Thomas 3 minutes to present our case to the board. Good evening and welcome. Sir. Good evening. Can i show i mean okay sorry. Sorry ladies and gentlemen, i was here about 6 months ago i believe im sorry, i was here about 6 months ago and i believe i saw everybody here then and this is the same case the conditions have changed but in many ways still the same based on the experience in the construction areas that is work at the budget and National Hotel the building is one and 11 years old and out lived its life a licensed contractor or workers would have considered it in months or less were at months and counting People Living in sros are considered homelessness their meant as transient corners for workers to stay for weeks or month due to a lack of development and by the appointed officials that are scores of those buildings in the city approaching over one hundred years old many a desire family in one room the living space is one hundred and 65 square feet for example, on may 18th the hand washing under the circumstances were removed and along with the toilets a couple of years ago hand washing sinks were insulate then for some reason removed and tuesday, january 24, 20178 months later in the bathroom has a sink people using the sinks cant wash their hands and go to the bathroom for 8 months. Also two of the new installed toilets on the third floor are nonfunctioning and still to be installed on the second floor he reported a loss to the building and the Department Today tuesday, january 24, 2017, there is a raw sewage from the newly installed sewer drain sorry the residents of the budget inwere told all the bathrooms are going to be remoment but some are in the remodeled i was told there are no records of the building plans or the Planning Department contractor on this job has been sues by the city for using asbestos and performing substandard work the owner has been sued many times sir, your time is up. You want time in rebuttal. Mr. Thomas question for you this jurisdiction request most of your testimony was on the conditions upon which you want to be able to discuss the permit can you elaborate why you are late in filing this appeal. Because a in filing a. We were there was never a notice posted informing us we had what 15 days or whatever it is to. Nothing on the lobby. Never been a job card permit in my kind of notice of any type of of the substantial work that occurred was going to happen. Of any kind. Of any kind only after repeated trips to the Health Department did we get a notice of the abatement sign warning warning us that we shouldnt be in the building. Thank you. Thank you. Okay well hear from the permit holder now. Good evening and welcome. Encourage. Thank you very much mr. President , and commissioners im rich a lawyer at the hanson bridget law firm i learned about this procedure yesterday or would have gotten something to you in writing im higher to give you important context for this jurisdiction mr. Thomas was one of four tenants who brought a had been ability lawsuit against the owners during the course the time the renovation work was in progress and made numerous complaints to the city about the conditions that lawsuit with all the condominiums hes related today was settled last october with mr. Thomas and others getting a generous amount of money and if anythingness of unpaid rent that was done to complete the work that is not nine hundred and 99 Percent Complete that was signed off to be taken over by the tenderloin housing clinic theyre prepared to take position and move forward but notably at the time mr. Thomas settled and well paid last october he agreed first and foremost to withdraw the appeals he had previously done last year and not submitted with the renovation work or slow down it is also noted as part of that settlement i have a copy here ill be happy to submit there was rent forgiveness that the work was not signed off but agreed as soon as the sign offs are done hes obligated to presume paying rent we have a cynical attempt by a tenant to try to manipulate the system to avoid paying rent i have copies in the commissioners are interested of the Relevant Pages of the settlement argument there be only 4 including his snatch agreeing to the terms that are now violate i have copies if youre interested. You can leave them with the clerk. Are you done counselor. Counselor we have questions for you. Sure. Have you ever been in the building. Many times. Okay ask you character listed it as 99. 9 percent as of yesterday. Have you been in the building to observe the photos as part of our brief that indicates that no more near applicable finished. Depends on where and when you take the pictures. As of your visit yesterday it is 99. 2 or are you pulling that back. Ill say in the 99s the gentleman is here with copies and pictures that were taken yesterday of the bathrooms in question and i have the hallway and the rest of work it takes a village this is indirect i learned about that yesterday when i learned this was underway i think everything is pretty much signed off except the final final and observing there are petitions to go up in the bathroom because the tenderloin housing clinic expect the patients in the total areas be brought to a lower part like an airport restroom that to my knowledge work began this morning i dont think if it is completed toy or tomorrow. Do you know from the sink the tenants recorded as number one fundamental. I think all the sinks and totals are fundamental but obviously people from dbi will be out there to inspect for final sign off. Counselor is there a reason it took so long to get those repairs done. Is there a reason yes a lot of back and forth and discussions have continued that tenderloin housing clinic that basically specified the level of improvement he wanted and that discussion had continued and city continues but were down to just cosmetic things at this time nothing fundamental to my knowledge. My second question council whats the occupancy of the be automatic to the best of my knowledge only 16 rooms opted out with the idea that was intend to have as few tenants as possible during the work, however, once the tenderloin housing clinic takes over theyll use 90 or 91 rooms. So the occupancy will be higher than. Yes. With the tenderloin housing clinic well be working with the city to take area medium income or other people and the expected occupancy after theyre fully leased ousted u out. Booked up 90 to 91 rooms as opposed to the 16. Is there anyone in the housing clinic here this hearing. I know mr. Randy shaw had sent a communication i think to the board stating the importance of lot cost housing this shouldnt impeded. Ive not heard whether or not the notice has about this properly. I cant commissioner fung speak to the nosey was not out there but tip line everything was route and i was unaware of any issue until yesterday when i first read this jurisdiction. So you dont know if there were any photos taken showing the notice was divided. I did not know i do know i can tell you the work has been going on for quite a long time and anyone living there or interand Walking Around will be well aware of all of that i know that permits have been pulled but not personally aware of that fact. Thank you thank you. Inspector duffy. Good evening commissioner joe duffy dbi on the jurisdiction request hopefully, ill bring some answers and light to some of the questions i too read the brief we have a Housing Inspector robert with me if you have any questions and hes familiar with the building been out there several times and will be able to update and as of this week i apologize for not letting you know i had a Housing Inspector with me the Building Permit that the jurisdiction was for complying with the notice of violation alterations of stairs to item number 2 first floor and inspection nov for the remodeling the bathrooms the builder inspector has done inspections i got a look at the drawings today and i did get a report that the work has been substantially done when i first looked at the brief as well i saw the photo of toilet that is typical during construction the petitions for the stalls have not been installed i too like commissioner honda was wondering why it took so long in your opinion those should be strieltd for the convenience i believe there was a holdup for the order for the stalls i was told by the a senior building inspector the building when i looked at the complaints today, i was quite frankly shocked i got two over 80 complaints on the building 80 complaints filed with dbi with housing and plumbing and others im sure there were over welder some open and some closed i look at the complaints with mr. Thomas obviously a history in the building of complaints with the landlord tenants and with that said, i do think that according to inspector lopez and buildings will back up him on this the work at the start regarding the notification that dbi housing inspection issued a notice of violation that got corrected i believe and the work is pretty much done it waiting for a final sign off the question on the sinks i read from the brief i will have a question about the drawings there is no existing plan on the proposed plan it is hard to know, however, i do know that dbi has not given the final inspection which any initial thought to go to the plumbing inspector permanent a requirement for this inches clearance from the toilet and the sink as far as im concerned, there to be a sink in there i do need to get to the bottom of of that. Im available for any questions if you want an update from the Housing Inspector ill be happy to bring him up. Lets go back to the jurisdictions request does the Building Department require the photoic evidence of building. Its pardon of code. Then it depends on the code on that depends on the work that is being done and later finds it is disturbing work so maybe not everything the housing inspection did bring that up it was addressed the containment was done i think that things got off to a rocky start but in my opinion theyre moving to a good conclusion. I have a question. Go ahead i have one more mr. Duffy. What was done to comply with two novs can you clarify the nature of the nov. I dont have the notice of violations with me but the annual notice of violation and put the bombards on the plumbing i think that was the work without the permit that started the work without a permit and dbi cited them and like i said things got off to the wrongs start i dont know they wouldnt have gotten a permit it was shocking but i think from what im told theyre in a better place now. Do you know who is the presidio. I looked at that up today is started as the owner builder i do so the gentlemans name im familiar with in pulling permits the owner is the owner builder. Thank you. The electrical and plumbing permits which i dont have with me would have been issued to a licensed plumbing contractor under the the Building Permit can be obtained through the contractor. We heard it characterized as 99. 2 you said youve substantially done are but those bathrooms assessable and usable by the tenants or not. When theyre finished they will be. But until in that time not assessable. You mean for something to use i saw the building plans their usable and basically in the same vicinity at the bathroom single occupancy. So if we take the jurisdiction and the completion of those bathrooms is extended and the work for the most part has to stop and therefore the use of those bathrooms are are not. Exactly. And thats why i think it was today as well cant make decisions if we are that close to getting an inspection opening an appeal will not stop the jurisdiction it took too long and not usable the one thing im concerned about it the sink ill say this to the chief inspector i didnt get ahold of him i think we shouldnt sign off until we are 100 percent sure those tenants are the full vicinity of the bathrooms. So if we theyre not usable today, if we take jurisdiction then theyll useable tomorrow theyre closed metro phonetically tomorrow then whatever is dysfunctional as description might go on and on as well so what if we dont take jurisdiction how does the Building Departments assure us this is actually going to get done and council said 9. 9 percent done. I think if it was not an appeal i dont know if we can continue the jurisdiction request but not sure that is an option if their 95. 9 percent this is 51 percent given a couple of weeks should be finished youll see id like id like the inspector to know about this is a situation you have multiple complaints whether warden or not there was on the 18 of january mr. Thomas filed 4 complaints with dbi on the 17 of january he filed four other complaints with dbi things must be pretty bad ill ask why he took them thats a lot of 9 i heard another one 9 complaints in two days so i think were id like to try to get the permit filed in dbi and take that back. I think the other issue the tenderloin housing clinic i believe is taking over the property and trying to expedite it so fits their need. This is we can discuss in the discussion but always the issue the perpetrator is the owner can i get clarification on mr. Duffys statement about continuing. If we do a continuous. Jurisdiction request didnt stop it you can continue the request and grant jurisdiction at at a later date. You want to hear from the Housing Inspector. Correct. Im the district Housing Inspector and 1139 is in my integrity ive received an excess of one hundred complaints entirely from mr. Thomas and cited him for a number of violations and generally been good about taking care of the violations ranging from the fire alarm to whatnot in a fashion i cited them in june for a lack of public facilities when i first got there the construction was already in progress i dont know it is hard to say what was there before but doing a count of rooms the formula i determined they dont have enough public facilities i ci