>> yes. >> i guess you have something to talk about. >> thank you, chairman knollalen. the speakers have raised a number of good points here. in fact what the m.t.a. board is being asked to vote on today is in fact a modification of -- to the transportation code, which will prohibit any nons.s.m.t.a. property on a s. is s.m.t.a. property unless it pays $55 for a violation. that's a narrow description of what we're being asked to adopt here today. i'm okay with adopting that narrow language with the very important caveat and that's that the -- the motion would be amended as such that under no circumstances will this action by the board violate any

collective bargaining agreement and is signed by the m.t.a. of the city and county of san francisco. >> second to that? >> seconded. >> discussion on the amendment? >> is there a staff reaction to that? is that acceptable to -- >> to the board. >> we're -- we're not in the business of -- of breaking contracts. >> you're just making explicit -- what we anticipate happening. >> make it explicit. >> absolutely. >> and the issues raised. >> to be a part of the motion. >> i just want to make sure that doesn't give the impression that we assume that contract will complaint to have that parking in it going forward iner. tutey, but it would always be up for renegotiation. >> assume that's correct. >> that's correct. >> and the term of the existing agreements. >> it doesn't presuppose all of our contracts have such

provisions. what director beach is saying underscoring if -- >> i didn'tcy if, i said we will not violate the terms of any collective bargaining agreement. >> it is not writing terms in an agreement that doesn't exist. >> or that will exist going forward. >> coming up the -- >> we have 22 different unions that are represented in the m.t.a. specifically in terms of debra, would you have that number of the contract that is have language related to -- to parking and which ones the -- the number that don't. they have 20 collective bargaining agreements, we negotiate eight of those contracts. in reference to -- to the collective bargaining agreements that have language, i don't have the document in front of me. i would have to turn to staff to

see if they have that readily available if you allow me to do that. i pool jice. i didn't bring that with me. in reference to -- in reference to mr. hughes comments regarding that contract, local six, i do know that's included in the contract. i also know that 144 in reference to mr. gonzalez when he made reference to the contract, it is included there. there's not a direct reference -- i know in regards to local 258. i do know that. i can double back with you once again and provide you that information. i apologize, i don't have that forlede present with me to outline each and every one of the labor units. >> to be clear. i don't want to put words in director beach's mouth. i think we're on the same page. if a collective bargaining agreement has a provision for

parking that we're not oning to that. this is adopted for those workers that do not have it in the contract. that's how i understand the amendment. >> it is but i want to make clear what we're voting on is only a penalty if a vehicle does not dismay a appropriate proof of payment. >> yes. >> we put this as part of the budget last year and i understand that people don't pay a lot of attention to it. it actually starts to happen. this is a clarification. i have to say though that i found it disappointing that that flier that -- that a couple of gentlemen showed me, that flier that appeared last week, my mind the intent of the couple of weeks was that -- as a courtesy to the drivers and employees to get their input and see if there were extenuating circumstances that we didn't know about. to have that go out, to my mind, is an unfortunate mistake.

i don't know if you talked about that at all, but because of his right, this body's decision to do this -- or not, and -- i think jump the gun on that at the very least. >> right. our original schedule was much sooner in the year then it got moved to february 1st. we continued it once again. it was clearly a situation where our managers who are -- are 1307bsible for those area -- responsible for those areas in parking, they understood we were moving forward february 1st based on the original board decision with the approval of the budget. i guess it did not filter down that we were debating and discussing this issue. >> i wouldn't have a problem with it a week after or something. the whole point of the thing was to be respectful of our employees. to my mind that's not. i don't think there's malice behind it. it 150e78s that way. >> okay. >> -- nothing to say about that. >> [inaudible]

>> great. >> chairman is lipping here this afternoon. >> okay director beach's motion. for the to stay together. >> my -- my motion is that under the terms of what the board is being asked to adopt today that under no circumstances will this violate any of the terms of current collective bargaining agreements. it does not preclude this item coming up for negotiation in the future. >> that's the motion. there was a second. so further discussion, all in favor say aye. >> aye. >> and an amended resolution. is there a motion? >> i have that. where. as i understand it, this sort of authorizes you guys to enforce this. when i say that, i should be more specific. >> this just set the penalty for violation of it. it does not speak to whether you're going to do it or not. that action in terms of whether

the board is implementing employee parking or not was made back at the approval of the budget. >> we did that in the budget. my question to this is now we're going to enforce this policy, if this passs with this penalty, the -- does staff have a plan to address the situation, where for example you have a mechanic who is working from 11:00 a.m. to 4:00 a.m., and these odd off-hour shifts. is that something that will be addressed as this plays out over time. maybe the better way to ask, what is your reaction to that specific concern? >> in our discussions regarding this, clearly there's no one size fits all. while we have -- a memo that came out on inadvertently, our plan is to be sensitive in how we implement this. we value the employees that work off hours and the impact this will have on them.

we'll work facility by facility and deal with the unique situations and work environments to make sure there's no -- no overarching burden on our employees. it is not going to be easy. but this concept we're there. i think in terms of the details and marching it out vas ilt -- facility and by facility and work group and those that have it in the bargaining agreement and those that don't, the actual paying of fines and things of that nature, we have ideas but ultimately we're going to have to deal with these on a case by case basis. >> okay. on the -- the motion? the total resolution. the resolution as amended. do you have one? >> so moved. >> second. motion and second. further discussion. all in favor say aye. opposed. thank you. >> mr. chairman moving on to the next item.

item 14 recommending the approval of amendments to the transportation code, one by amending and establish [inaudible] parking meters and establish, for broken parking meters for off street parking. do you want to address you on this matter? >> the public. >> okay. >> good afternoon. i want to say that -- i think i'm going to -- support this and say that this was a fair resolution to this. and address the concerns of the public and also the board. i urge you to pass this. as compared to the last measure which i think is insensitive, charging police officers for parking on their property now, you're going to charge bus drivers for parking on their

property. >> one of the big concerns is the vandalism to the parking meters. so our hope is that the two-hour time limit will reduce the vandalism and just to remind everyone if it doesn't -- as we discussed, we look at it again in maybe a year or whatever reasonable amount of time and make sure the vandalism gone down. >> second. >> any further discussion? all in favor say aye. >> aye. >> authorizing [inaudible] contract number 1239, track improvement project with n.t.k. construction. and for a team not to exceed 710 calendar days. no member of the public has indicated an interest on addressing you on this one. >> a question for staff. the duration of this contract is

-- is you know, almost a two years, at some point will we get a presentation on what -- what provisions are being made to replace the n. and j. lines when we do track work in this &. it is something the public will have a high level of interest in. >> yes. we're going to be prepared to present that item to you in the upcoming meetings. the construction is going to start around september. before that, definitely we'llee we'll come back with more on the construction sequencing and all of it. >> socon instruction runs into september -- contrucks into 2013. >> from the proceed date. >> i'm sorry, it goes into 2013. thank you very much. i move the item. >> second? >> discussion? >> sorry. >> me again. i was very involved in this biff

came on the board. the track y. project had a lot of community involvement and i think the staff helped move this along. i know one concern that the community had going forward, without signalizing the intersection, which nobody wanted to do, not the m.t.a. or community, not to make it cheer who has the right of way when the train is going through and how to get the cross traffic and pedestrian twrask to get -- to stop and let the train through. there was discussion at the the meeting. maybe we should look into doing a study not to just handle that intersection but other interseconds where trains are moving through a crowded intersection, with just a sign, to make sure that the trains move through and get the right of way. there was talk of just maybe looking into it, a small study, getting a consultant on board.

it is not an issue just at this intersection. it is an issue at intersections in the city, where transit goes through. it would make it worth our while to figure out how to address that, which is not happening in the cannot fines of this project. it is not appropriate to be a part of that bigger project. it is something to consider going forward. >> yes. >> and look into that. come back with a recommendation. >> thank you. >> thank you. we have a motion. a second? >> second. >> director hunnicutt. the motion and second. resolution. aye. >> aye. >> and -- >> the discussion whether to have a closed session. >> so moved. >> second. >> all say aye. >> aye. >> we're in closed session. it'll take u >> 0 out of closed session. the members spoke this closed

session. the they voted unanimously to settle the case and discussed -- there's a motion to disclose or not disclose. >> not disclose. >> second. >> say aye. all in favor. >> aye. >> the meeting is adjourned. >> .

today is wednesday, january 19, 2011. this is the regular meeting of the building inspection commission, i would like to remind everybody to please turn off electronic devices. president murphy. >> present. >> vice-president hechanova. >> here. >> commissioner lee. >> here. >> commissioner romero. >> here. >> next item on the agenda is president's announcements. >> i do not have the announcements. i would like to welcome

supervisor and congratulate him. mark, would you like to say a few words to the commission? >> thank you, president murphy, for having me today. commissioners, it's a pleasure to be here. i simply want to say that is an honor to be serving our city. i very lookemuch look forward to working with you. i had a chance to meet director day and president murphy and a number of you on the commission. i know what an important role you play in our city government. more importantly, i'm extremely impressed by your leadership. i look forward to working together. thank you for all that you do. i look forward to seeing you soon. thank you very much. >> next item on the agenda.

>> public comment on that item. >> seen none, can move on to item three, the directors' report. an update on dbi finances. >> pamela 1levin. we are at the same level that we were last month. in terms of revenue, we've seen an uptick in december. a lot of that was due to some big projects. we are also projecting that we will have some projects like the transbay terminal, which we have been getting slowly through the last year or so. in expenses, things are projected at the same level. we have no good information to be able to say we would have any savings in work orders for materials and supplies.

salary, as you know, we're trying to hire back some of the people that were laid off in may 2009. that is why there is no change projected in that. thank you. >> do we have to hire back people? >> yes, that is the rules. you have to do it in the order they were laid off. [inaudible] >> about 10. one of the issues, frankly, that we're having, getting our requisitions through a committee that consist of the mayor's office, dhr, and the comptroller's office.

we have been pretty successful in doing that. although, that could take two or three tries free of the second is more significant. that is, we now have to do tasks for 90% or 95% of our positions. there are engineers that have to be tested with the city. the tests are throughout all levels of the organization. that is the difficulty in getting those written and working with dhr to get those done. i think that is a big stumbling block. >> could you just quickly -- on three items, on the increase or increases -- $1.8 million for a

higher level expenditures, under real-estate billion. -- real-estate building. >> when it was done in november, last year, it was done in january. until we get to the point of here today, it looked abnormal. i do not want to say people are grabbing their money early, but there's always the -- it is an annual payment and they are making the payment and there's not any real services that are provided, they will bill early. that's just normal. >> ok, and also for non personal services, is that associated with bpr or any other categories

that come into play? >> the $30,000? >> yes. >> we have the co-training needed to occur this year. there is some computer supplies. what we have done over the last several years -- in order to save money, we have delayed purchasing computer supplies and we have found anything that is coming off of warranty, that's going to come on to various types of maintenance agreements. it is our on going work to keep the department operating. for instance, humanic will not

hit us in terms of the actual maintenance agreement for roughly one year. selectron, our ivr, when you call into the scheduling, that will not come until july in terms of maintenance. >> yes. >> anything that we do will eventually make its way into the operating fund. >> does the city get a break on this training cost? >> as the training, we negotiated with them that every seventh person was free. you know, a lot of the organizations are also nonprofits, or they try to provide the training at the

lowest cost possible. some of them, you just cannot negotiate. we do have a trainer. for instance, and plumbing, -- in plumbing, he's coming to our location and we got a set price. it's not dependent on the number of people. those sorts of things, we can save money rather than sending people out to various types of training across the state. in this case, plumbing -- i think they had to go out of state to get it. we are trying everything we can to save. >> the last one, do we get a break on the code books? >> yes, we negotiated a certain cost. the code books we had to go for bid, we ended up with the vendor

who is across the bay. he was able to get some discounts and able to provide things to us at a lower cost. >> thank you. >> 10 we interrupt you for maybe two minutes? i want to introduce supervisor wiener, class of 2011. welcome, supervisor. >> thank you, president murphy. good morning, commissioners. thank you for having me down today. i just wanted to say hello. after one week in office, just trying to move forward quickly. i look forward to working with the commission and with dbi on the very important issues facing our city, making sure that the

department is really working as effectively as possible with the end-users, the people who are doing the work, making sure that are permitting process and our construction process is as efficient and as user-friendly as possible. and working with small businesses on some of the ada issues they are confronting. a lot of merchants in my district have been targeted recently with ada complaint and lawsuits. that's happening across the city. i think it is incumbent upon the city family, including dbi, to work with our small business community to make sure they are complying and not getting in trouble. i look forward to working with you on these and other issues. thank you. >> thank you. we look forward to working with you also. back to the. >> i just wanted to point out

one other thing. when i do the comparison year over year, if we do not have code training in one year because every three years we have a significant code training for significant changes in expenditures, and we budget for those. when you see the comparison year to year, you will not see those last year. you will see them this year. the comparisons are to point out what we have done. it is meaningful to the point that you have the same budget each year to be able to say there's more expenditures. that's part of the meaning of this. part of the meetinmeeting is tot out things that have not

occurred. >> commissioner walker. >> thank you, commissioner murphy. i see there's a $10,000 lower level of payment to learn nonprofit outreach program. what is that reflective of? that is just timing. they have not submitted their invoices. if it is necessary because you still have outstanding invoices, which we do every year, we carry forward that money. we do not reprogram that. >> thank you. >> do you have any objections to the change of the name of dbi? >> i think the main areas that will be expensive -- remember, in the old days, you had to send

out your change in your stationery and have people reprint it. now you just change whoever the person is or whatever the department is. that is relatively no cost. most of our sign it is through reproduction. that is probably fairly minimal. i have not done a costing out. our envelopes are one thing because we do buy them preprinted. those still are not a significant value. when it comes time for -- if it does make it on the ballot and the comptroller's office does their analysis of what the cost is to the city, i suspect it will be very low. >> ok.

any further questions, commissioners? thank you. public comment on the budgets. seeing noon. >> item three b. >> speaking of budget, we are paying city attorneys. we do not want them sitting around. maybe we can go into closed session in get that over with? >> ok, can someone make a motion that we move item number 11? >> may i make a comment? we have an agenda. the public is here for meetings. i would suggest we stick to the agenda. >> i have one commissioner that does not mind spending money. >>