question. so when we built this budget. we looked at our projections for this fiscal year that were done in. december january timeframe and built in i believe a two percent for next year and another three percent for the following year so we did and look at and intice a pate and improvement in the economy we always have the. right to request supplemental that to increase income increase positions but the one thing that we will have to be able to prove to them is that the increase in revenues will is stable it will stay there we won't have this up and down sort of thing and right now we're still dealing with the up and down and i'll mention that talk about that when we do the finance report so to the extent we're

about it in the mayor's office who will release his budget at the end of may june first is the is the charter required date we will go into the budget analyst process hopefully not lose any of the positions that we asked for and then will reevaluate things probably in you know december or so november december so and look at where we really think we are well we think we're going to be. i believe they'll reopen the budget process for the second year for because we have a we're not locked in yet because we haven't done this before we can so we can look and have another opportunity to be able to say no we know that we have more revenues. we could add positions the biggest problem and the biggest concern that i have having been here and and gotten and with director day. is that

we don't ramp up too fast without knowing what's really going on with the economy and that it isn't a bubble it isn't you know it. whatever it you want to call it now so that kids the kids then will have to lay people off and i don't want to go through that again and i don't think any of you want to go through that again you know thanks you know you explain the point but just the one thing we are we empowered it say with the other departments on this nutrition issue in other words we higher than other ones are we lower we're in power what everybody else i think so what in any even i was just thinking when when the previous people were up we actually. are so. we are actually increasing you know by positions for next year but our attrition level staying stable so we're not

being hit that way and that's often done when people have to balance a budget so i think i believe we're on par i don't get the attrition reports for other departments because and maybe we can get that there's a specific report that mini's can run ran it for me already i got it from the controller's office it shows what people are budget and what they're running at and i'd be glad to work with him to come back and you know guide something that would be helpful gauging it because obviously we do not want to find of the situation where we're going backwards again and you want to be current and that would be helpful for me if everybody else is thinking in the same. you know format that the economy's going at it bumping along here whatever. with that commission. in this living. on this last page of the hand there is the list to be developed by september. when it's over to you are those our

lists or the department's list this is what we need and how does that relate to the five that you indicated i've been hired and where are we on getting these this develop and what priority right ok so when i repair reported what's already been hired we've already gotten. we had the reste the. response referral what they call in now after they do the last phase testing this is for classifications that are used by other people we use that for our. fourteen zero six positions which is the lowest level and we hired people ok the the. principal clerks that we're about to hire those were already people were referred there was a referral from d.h. arcus they did listen so there are some things that we can do ourselves in our

doing based on information on what's been given to us and that's what i was reporting about all the interviews coming up there are things that we need help doing and that's the position based testing so those were positions we wanted to fill we've got an authority to fill them we just need help on getting the tests and these are positioned base right correct ok so that's the help we're getting right now fellas and they say they're all departmental specific. they're going to look at what we need and i mean they're obviously ted can point this out a little better but. we'll make sure that it what comes out are people that can do what we need them to do and ok we've thank you very much for your time in this and you know. ted if you're just and i'll close over here because we've got a test make obviously you know thank you for this presentation here this morning

and somebody is kind of parachuted into this situation trying to understand the world you live in this really gives us the road map here. what i'm kind of trying to from a commission level looking down the road here we kind of want to see the future we kind of have to understand our past and obviously we came from a very difficult time a lot of layoffs the department hasn't seen etc so there's a lot of mitigating factors there that kind of got us to this point where we're so what's the more of the story here is when you're we get the budgets in place we get the authorization to hire we tell and our people who are had no departments look. it's going to take a year if you really want to talk about that about how it's going to you have to be taken a hero particularly when it comes to this hiring what you know i mean i mean obviously you know trying to read the tea leaves here and a lot of the city the world that you live in you're trying to do that but what's what's the what's the opinion you're given to the department heads who are serious ready who are gearing up for an increase in business like we have been here because the facet really came on for us in january but that the red flags that we've talked

about have been up maybe six seven months before that maybe eight months before that so i don't know if you can give us any insight and your work and what your advice on that i think to to address that two points one is the department of human resources evaluates all position changes or new requests that commit from every department as director callahan identified we are committed to be in partnership with the right today to look at both new requested positions brand new positions and position substitutions to ensure that we. provided as much resources as necessary to develop as well as we can list in advance i mean that's sort of the whole. the key to all of this is ensuring that there are hiring lists available when the request to field gets gets produced i think we are committed to that and i think i know we are committed to the department to ensure that we sort of begin to look towards the future the second point i wanted to make is as we develop these position based exams to create lists i think it's in our collective interest to

look at exams that can be potential e re administered so that we can create some ongoing lists because as you know when somebody applies for an exam gets onto an eligible assessor at a certain point that list gets sort of stale and that people have looked for other opportunities and gotten other opportunities our goal really is to ensure that there are viable lists always available and that obviously is the goal of the h.r. to ensure that we are future focused and have all this vailable whenever the department has a need as we are to resource constrained we want to be wise in how we allocate our resources i think this department has very specific needs that we're very comfortable saying we've engaged in a real partnership with director de in looking forward and i'm hoping we can meet that commitment. thank you for your time this morning if there's no more comments from the commission we can kill to say here. is there any public comment on item

four. good morning show. that to add some historical context to the conversation in about four or five years ago the department begin an exit an extensive and exhausting the p.r. process that process came up with a list of goals objectives and recommendations performance standards for the department naturally some of those goals and objectives took more resources. that led to a conversation about an increase in fees there was hearings here and at the time there was a compromise where just to be blunt about it increasing fees for an increase in services that's how it was sold to the industry we've been paying our fees but we

haven't quite got the service now shortly after the economic collapse occurred there was need for change this department went through a very very difficult time and we understand that cuts needed to be made but now that we're beyond that and now that the financial wins seem to be changing it is important that we ramp up this department and we do it in a prudent and responsible fashion this department and the commission has a commitment to the industry a commitment to its staff and a commitment to the tenants to make sure that it maintains itself in a responsive and professional manner moving forward the commission needs to keep an eye on the ball and continue to monitor this situation again and

understaffed department is not fair to the tenants it's certainly not spare to the staff and creates undue stress and certainly creates delays to the industry in which nobody wants to see thank you thank you mr goodman. any further public comment on this item. and adam five thank you for coming up this morning and if i may madam secretary because i'm looking at the code here and i was going to a lot of public comments so i want to kind of adjust the order if we could move it it's no objection to the commissioner's move item six to item five for right now because and i believe there should be no issue there is there no not. if we could call item six so then after i think then we're back. and then actually if i may then i think the other item where there would be public company again would be.

i took. which one i'm looking for is here. very the one with regard to. number six and then a yes please thank you. we are taking a couple of items out of order right at this time will address item six discussion on eighty issues affecting small business owners be guarding state bill sixteen zero eight. yes good morning commissioner president mccarthy fifteen day director d.b.i. i've included in your package the actual senate bill sixteen zero eight regarding the eighty eight issues and i also have provided on a separate sheet for the public another summary of the senate bill

sixteen zero eight by our caps. inspector inhouse richard how american and we are continually working with the small business administration here in the city we haven't had our first meeting yet which will include planning d.p.w. and other departments that will be an affected or need to work together to help the small businesses of teves some measures of eighty issues we also are providing in-house training on senate bills to sixteen i'll wait for the caps inspectors in-house in the latter part of may the first beginning of june and we will notify the commissioners of this training when it will be. in a in a nutshell what it is. we have a local well we have the attorney general's opinion on senate bill sixteen

a and regarding what local building departments can do and can't do regarding the eighty issues and there's actually four major items where it number one is local building departments are not responsible for enforcing the access requirements of the americans with disability act however they are required to enforce state and local building codes which have incorporated the federal requirements. what our state is doing is trying to make their requirements manch the federal requirements and it as they haven't set date to do that by and they haven't quite achieved that yet number two was local building departments are not authorized to elect to enforce the federal access requirements however they are required to import in more state and local building codes which

having corporate at the federal requirements so if there's a part of our state code that agrees with the federal aid requirements we are required to imports that and as i've mentioned in past meetings our local building department or the san francisco building department is not proactive on going out and finding eighty eight complaints were reactive. people can call in and file complaints with us we do have an e.t.a. complain inspectorate that does try to resolve the matters with the property owner and. the complainant on a basis but if it's a federal requirement we again do local building department can't enforce the federal requirement if it's not in the state code depths a requirement that has to be enforced by the attorney general so.

in that's the california attorney general so. again the civil code requires local jurisdictions to imply certified access specialists under the d.s.a. caps program and it also states that we have to responsibility of commencing on july first two thousand and ten we shall employ our retain at least one building inspector who is a certified access specialist we do have a certified access specialist on staff and have had one on staff for several years now and this day his duties are to provide consultation to the local agency permit applicants and members of the public on compliance with state construction related accessibility standards in that's the key issue is construction related if they're doing construction or bringing their do or.

retail space improving it or. needing a permit for it that that's what our caps inspector does this help them make sure that they meet all the state requirements in that plan check and. again commencing on january first two thousand and fourteen we shall employ retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan checks services to review for compliance with state construction related to access ability standards and we're hoping again the local building officials of california or kabul are hoping that the state will amend their assess ability standards to more comply with the federal so that we only have one standard to enforce and we can go out in force eighty eight throughout. to

jurisdiction and. again. the only accessibility standards that is building department wearing quote are authorized to enforce those contained in the california building code we are here though to help people comply with these these codes so our people are going to be trained our staff are going to be trained so that they can go not go do physical inspections outside at a at a private. property but people can come in to us and we will help them determine if they have an access problem or they can ask us questions and we can rely upon those issues to help them solve some problems and one of the major problems as i've stated in the past is the entryway into the building and again

that's something that we are working with the department of public works planning and the small business organization and ministration here to find a problem or these businesses to help. even if it's a temporary problem or be movable solution something to help them so that they're not getting hit with these lawsuits we're also working with the mayors legislation department there is a state bill that's out there regarding these lawsuits and we will be working to help the to the mayor's office support the. in foresman up this so that the drive-by lawsuits are better. or do not happened as often as they do so we'll be attending that meeting that meeting next tuesday so we have staff going to attend that. so. we are again trying to

do the best we can as a department on this and we will be training our inspectors and our engineers our plan check engineers on the to federal and state access deaths ability laws however again we can't enforce the federal laws so. i'm happy to answer any questions but again i gave you a handout from our caps inspector and the senate bill in your package regarding this and there's also some information from another. it's the actual california chamber of commerce provides good information to the small business communities on the access laws and has a website that is available to them and i have provided that information to the small business administration so that they. people can actually go there and access

the website. mr president. i just wanted to so the. the budget for the training for the plan checkers and engineers that you just described is for this year and next year or. this year and then for every year there after it's part of the certification process for any building inspector or plan checker to have eight hours of disability training however whenever the state changes their accessibility laws there's always new seminars that are available that we will go to and we do have bring it up later in the meeting there are there's training available in october for on some of the access laws in that community other people if i want to be respectful to some of the business community they're here so if we could go to public comment on this and we can hear from them in any questions that we have we can relate to it so those madam secretary do want

to we have public comment on item number six please line up there and you have tree minutes thank you please go ahead state your name for the record. good morning my name is reserve a fellow how do you my father is the owner of hamburger haven he's on the business for over forty years and we just recently were hit with a lawsuit and it's unfortunate experience but it's something you have to go through it's a tax you have to pay on business these days. the first thing that i would just like to start with vivian day you just mentioned you can't enforce the federal laws. which we understand but is there something that the city can do the county can do to help educate business owners about their rights and responsibilities under the eighty eight because the reason i say that there's a huge misconception out there that there's a grandfather clause every business owner including my father they believe that they are grandfathered in if you're a business that's been established prior than one thousand nine hundred that the

eighty isn't going to apply unless you make changes to your property and so unless there is a readily achievable quotation on it and with the way the courts have interpreted readily achievable everything is readily achievable you know tavern owner will mention you know he had to put in elevator lists so elevator lists are readily achievable pretty much everything is going to be readily achieved so. what is the county doing to educate small business owners if i can ask you if you know anything about that right at the building department is responsible for construction related to small business administration does have a program that they do educate an outreach program on the issues and we work with them and been at several meetings public meetings outreach meetings to help educate on what is what can be readily a cheap a ball and every business is different yes exactly and just to address the small

the problem the small business association is they don't have the resources to really go out and do the outreach that's required to speak with the business owners regarding this issue all they've done which i spoke with regina that can dream about is they've sent out pamphlets and they gave a three telephone calls per business and it's been clear that this has had little to no impact at all so what is the county going to do ok so the this is not maybe the right body to speak to this about but eventually there's going to have to be resources put into this matter and so the first thing that i would like to say that has to be education the education comes from. from the outreach that's going to be required through the s.b.a. you're going to have to hire a couple years to go out and discuss this issue and then you're going to have to you know put this into the lease agreements and have every building or health inspectors out this to discuss this issue besides education you know because the cast inspector isn't going to work you know even if you get

a cast inspector you still can get sued so you have the right to cure provision and everyone keeps rejecting the right to curb provision because they say that every business is going to wait until they get sued prior to doing that but the problem is no business owner knows anything about ever haven had a huge sign on its store to say sewers because it has a slope that's not eighty eight compliant it has to restrooms that are there because it's a hall it's a very narrow restaurant space there isn't enough space to do that and what my father believed was you have to have two restrooms you have have a male and female restroom that you're grandfathered in and if you don't make the changes you're going to be ok but that's not the reality and there's no one from the city to really deal with this issue because we keep saying it's a federal law it's a state law and the county doesn't want to get involved so we're dealing with this in a in a matter where you have private plane plaintiff's attorneys who are going out and forcing the law and that is the intention of the law but what's failed to be done is the county refuses to have any activity to educate the business owners to put

out a carrot to say you can prevent these lawsuits from happening by complying with the law but how are you going to comply with the law if you have no idea what you're supposed to do. open the questions ok thank you for your comments and if you would stick around it would be probably your questions we could hear the other testimony we if that's ok with the commissioners dermot i know you have to go to is it ok with that for the speaker of dermot you come up next. here thank you for the business card. thank for you for. thank you for coming this morning i know you to go back to business so you can get three minutes so you can tell your story be greatly appreciated so we have money commissioners many mr mccall my brother owns the abbey tavern in two thousand and six we got a should not hear it from tom frank rich and craig gates. they were looking for a substantial amount of money was in excess of one hundred eighty thousand dollars . craig it's never actually managed get into a bar there's

a step in the front door a claim that he suffered mental stress as a result his friends were inside and couldn't come in to see them i thought they were very good friends of the left dissidents and. the case tried on for approximately two years we had issues with her landlord he didn't really want to get involved eventually in two thousand and eight it was settled out of court they got forty thousand dollars offer insurance for personal injury which frankly would you get i believe got seventy seventy percent of that money. it's gets about twenty and i think small sum can the advocates groups get get the rest of the money. my brother ended up. having to sell his house he was depend on the buyer for income he had a salad to pay towards the money involved we could have done a quick fix that the court demanded office but you still leave yourself labor for another suit down the road as it stands. media complaints apparently is as

a moving target we may have the abbey to have a fully compliant in two thousand and eight but i believe there have been changes since we've been twice visited by craig gates and other wheelchair people since then measuring tapes and stuff and it feels like harassment when you see a guy coming in what a bank for tools and he says can have a beer and he sits there and then he starts measuring everything around and see if yours still fully compliant you feel like very vulnerable and that there's nobody there to help you out in these circumstances you know. it doesn't really encourage anybody to open any business in the city dealing with this i believe maybe two or three years ago i came to a meeting here in city hall with jesse frank from the toy boat some of you may know he's he's proactive in a lot of the stuff and we talked to the small business commission and on the day i

actually thought that david chu was really going to get stuck into this thing i really thought he was going to help with that an immense amount but i've not seen or heard and things and so it doesn't actually affect the film more as such because we are complaint we believe in a way that we're compliant but there's no ball actually help us and keep. the right place unless you're i feel at the city every year on every new mill a census of the city that the city should i mean to get you're not in compliance with this that or the other. ok so my comment thank you for your placement what's your name again dermot call d e r m o t ok thank you ok thanks thank you know where to go next week with.