there are disputes between the owners. it is unfortunate that i thought we had reached a negotiation and then she wanted it done in accordance with the rent ordinance. that meant her eight year lease was terminated. we are at an impasse again. we stand ready to do the bathroom. since then, she called out the environmental protection department. and there are lead paint issues. she needs to move out for us to do that work. it is indisputable with the lead paint. the entire building was cited for lead paint. a contractor who is going to be doing the stairs did a painting

on the three outside walls. that has been signed off on. as far as i now, it was all done well with proper relations with the tenants and within a reasonable time. the contractor we're using for the stairs is a contractor that i believe will meet the requirements of the owner and the tenants. he made it clear to him that the relationship with the tenants, because of the factor of relationship, it is important. my client has spent money in getting the plans drawn by a licensed architect. we spent months of dealing with getting the permit approved, going 3 planning process, having it reviewed and approved. the job needs to be done.

we found the right contractors to do the job. they have that part of the work. i ask that the board overturned the appeal and allow the work to continue. again, our architect is here. he have some plans if you have specific questions. >> why did your client wait until the property was nov'd to fix the steps? >> we did not. we had emergency repairs done. we were stopped from completing those repairs and then when we discussed it, the permit was modified to do emergency repairs. we had been in the process of obtaining a loan. we did a set of drawings before the building was sold.

there was no waiting. it happened in the middle of the process. >> perhaps your architect could answer couple of questions. >> it is hard to read the drawings but could you provide the existing conditions as part of this package? >> what we did was to submit the 2000 drawings. >> please identify yourself. >> my name is paul. i am the architect of record. i do not think we did it -- we drew the rear yard situation. that includes the stairs in question here. we did not draw the existing

unit. they are the same location, the same configuration as the existing. >> the balding -- building permit was issued by the building inspector. the permit was applied for and reviewed by sending planning and also by our building code people, including an engineer. i did notice on the drawings

there's a lot of details for attachments. it looks like a complete set of plans for doing a stair replacement. when you do this, the code allows you some leverage with regards to installing a winder on the stairs. because of property issues, we're tied to a space. i do not see anything wrong with any plan or permit. the point about the stairs -- we would ask that they maintain a safe exit. they have to put a scaffold up or something. in the event of a fire, the tenants are able to get out. of course if they say that it is not safe, we will work with the

tenants and to make sure that stairs are provided. at all times during construction. any questions, i can answer them. >> are there parameters on how long this can take? i don't think someone wants to go down scaffolding on a rainy night if there is a fire. is there some rule? >> is a good question curious people like jobs to happen fast. everybody knows it should not take 12 months to do this. if they are under a notice of violation we could move environment -- which could force an order of abatement or a lien on the property if it did not comply within the timeframe of the violation. we would try to get them to do

it as quick as possible. knowingly permit is good for 12 months. this could go to an enforcement. it could move through the process if the stairs were not rebuilt. stairs are part of the building and we want them done fast. we could move a notice of a violation toward enforcement to make sure they get done in a timely fashion what is going to get them is code enforcement which is not what anybody wants. >> i do not want to describe the attitude in but it seems as though we felt our hands were tied and the bassoon was a rent control issue.

there is no way you can force them, no code violations to not provide a proper bathroom for a tenant. >> that is a good question. that may be something for housing. i do not know what the situation is. i cannot imagine a after not being in operation for eight months. we could get involved in that. absolutely. if there is something civil going on, that would take precedence over us. that may be what is happening. but we could look into it and see what is going on and find out if there is anything that to the code could do to hurry it up. if it is a civil action we will stay away from it.

>> on a code-related issue, is there relief from fire? >> yes, you do not have to do the fire walls. i am perturbed by the pictures of the back of the building. it does not look the best. again, i think we should look into that from housing inspection. that photograph looks like there is a lot of light going on. that would be something -- it could be part of a nearly year violation. i know we have a bunch of complaints on this building. somersault, some not resolved. some of them are held up because of appeals.

that back wall did not look the best in the photograph. >> it also looks like it does not matched the drawing. >> it is hard to tell. some issues with the building. inspection services could get involved in the bathroom tissue and the maintenance of the building. i think they are. i do not have anything with me tonight. >> we will take public comment. >> thank you. to the comments he made earlier about giving a forum for people who do not have attorneys, i appreciate you remembering the

details of my bathroom. i stand here today eight months later, six months after i saw you, with no bathroom. about the rent board, they rolled in my favor. the rent board does not have the authority to make the bathroom go back and. inspection has been out three times. i have a trial date set for july 2012. must i wait until then for a superior court to rule if i should have a bathroom? i only see that u.s. the people who can put permits through, i have been flexible about this. i have been waiting for a long time. if there is a way to put a contingency about letting the permits go through, if they were to address my bathroom, or if we could go into the hallway and

come to an arrangement, that would be nice. just being here tonight caused me to hear other cases that made me realize that this as-built plan shows of this area is fine and does not need to be touched. but it is going to be touched. it is proper that people who live in the area are noticed about a construction project. that is what i've picked up from being in the room tonight. a drawing that was made in 2000, this was taken today. this is what it looks like. how can we stay here? they're not in the plans to be touched. fyi, the lead paint was probably

the highest next to my kitchen. am i done? thank you. >> next speaker. sir. >> i am in 340 spruce street. i am connected to this issue because jackie comes down to use the kitchen and the bathroom because she does not have any. this has been going on for eight months. i attended the rent board hearing where pictures were presented and a judgment was made. because of appeals, she continues to suffer and be in

the same condition. i think the construction plans being put forward have the wrong priority. what i think the building owner should be concentrating on is alleviating the problem of someone living in unhygienic conditions without a proper bathroom. and without a kitchen. that is where their efforts should be concentrating, not trying to start for out of the apartment or create conditions which are so unbearable that they win their conflict. as far as the stairs are concerned, i am all for making those work. it is an issue of priority. i have not received any information on the back stairs.

i am concerned about the lead paint because those exist. we have not been informed about anything regarding that. i do not know if we need to move out of the building or not when the back of it is demolished. i am in the dark about that problem. i concern is priorities. and doing the right thing. >> is there any other public comment? we will move into rebuttal. >> i do not have a rebuttal. i have to agree that it is a case of priorities and doing the right thing. this picture was taken today. the drawings they will use, i would think that a lot of things

have changed in 10 years and perhaps -- this is a typical thing. why not take a new look at it. there may be new technology we can use. it is a typical measure, do the cheapest thing or nothing at all to her bathroom. this is how it is today. i am not against putting in the stairs but other things can be remedied first and should be. this is proper and the right and nice thing to do. >> the contract we have with our

contractor includes renovating and painting the rear of the stairs. the person we hired to do that work is lead paint certified and certified to teach a lead paint. the first section of the buildings were done without any complaint by anyone to the city or to me. but regarding the bathroom, my clients are willing to pay you $2,500 -- >> do not do that. speak to this board. >> we are willing to work with her. the last thing i had from her was in the mouth when i told her offer, $2,100 to move out for two weeks. she had accepted it and then said she was entitled to $4,500r court. we have made the offer.

we are not paying $4,500. we want the work done. the lead paint is being done by the same contractor who is certified to teach others. i'm frustrated by the situation pureed i understood that when we're here last time. i share that frustration. but we are more than willing to talk and give compensation so we can do the bathroom. it has been an ongoing conversation. i asked you to -- the plants are not 10-years old. they were approved. they went through planning. the work needs to be done. the professional architects ticket to the city and it went through their process.

i ask the board overturned the appeal and allow us to do the work. >> i have a question. what about the rest -- what else is in line in terms of the changing of the building? and the other permits? >> windows to not require permits. >> nothing else? >> deglazing of windows. >> all of the work you intend to do? >> and the rear of the building is going to be painted and repaired as necessary. it is going to look like a new building in the back. that is what our intention is.

>> that would not be subject to a permit? >> from what i understand, if a permit was required we would get one. >> you're drawing shows on the windows. -- your drawing shows window. your permit only talks about stairs. >> the rear porch will stay as is. >> what about the windows? >> as is. >> the background on your drying -- drawing -- >> i was part of the negotiations. >> how'd we have a building that looks brand new from the back?

>> i think he means it is going to be painted. we are replacing the stairs to meet the egress requirements. >> anything further? >> to you do this deliberately? >> i will start. it is a shame there are problems that exist with this building. the tenants seemed to be in a bad place. there is no contingency for some

other project that may have to take place. there is a safety issue. i think the tenants are the ones that caused this nov to be filed. the steps have to be replaced. i think the building is going to get more scrutiny now. and possibly dbi will try to ensure of this project takes place, unless it is overturned, it began a timely. i intend to uphold the permit and to deny the appeal. >> my feelings are similar. this is very frustrating to be presented with an appeal on a set of stairs and then have the

conversation be about a bathroom. this is free service to the city for me to be sitting here listening to this. i would love it if you could figure this out and not bring it before us. >> i would agree with that. i would hope housing inspection could get involved. we heard they had been out. perhaps he could work his magic can make something happen. >> i'm not repaired to tie this permit to the previous but i would mention to the building department that the document -- i see pieces of ruth and other structures -- roof and other

structures that do not match. >> do you have a motion? >> on the basis that the permit is compliant? >> on the basis they approved it. ok. >> we have a motion from commissioner fung to deny the appeal and upheld the permit on the basis the city approved it. president garcia: aye. vice president hwang: aye. commissioner goh: aye. my last vote. 4-0.

the permit is upheld. >> i miss having the gavel. >> we are adjourn. -- adjourned. supervisor avalos: good morning and welcome to the public safety committee of the san francisco board of supervisors. my name is john avalos, and i am joined by christina cohen. our thought -- christina olague.

our other member is not able to make it today. supervisor olague: motion to excuse supervisor mar. supervisor avalos: we will take that without objection. we are also joined by supervisor cohen. she is most welcome to be here. the hearing is sponsored by her. could you please call item one and share with us your announcements before the -- that. >> all persons attending this meeting are requested to turn off all cell phones and pagers. if you wish to submit material for members of the committee, please submit an extra copy for the file.

if you wish to submit a speakers card, please but it by the container in front of you at the real to your left. supervisor avalos: thank you. if you could please call the first item. >> item 1, hearing to discuss public safety policies and programs implemented by state departments such as the san francisco municipal transportation agency in san francisco police department on city-wide muni lines, including the enforcement of fair collection -- fare collection. supervisor avalos: thank you. the item is brought to us by supervisor cohen, who is here. supervisor cohen: thank you for hearing this item. this past year, there were a number of violent incidents on muni, the giggling happening in district 10, one of which dealt with an officer-involved shooting of an individual who was originally stopped by a fare

inspector. in the wake of this event, this incident, i have been working with the mta and sfpd to better understand the policies and programs they have in place currently and to obviously offer a public voice. this request is in direct response to any particular the harding shooting. the request has come from the community, so i am honored to bring this to the forefront today. today, we will hear from both and the staff on this particular issue, and we also have a representative from the san francisco police department, should there be questions for them. without further ado, thank you, mr. chair. first up, we have the mta director, ed reiskin. >> good morning.

very happy to be here. want to thank supervisors cohen -- supervisor cohen for her leadership and bringing forward an issue that is very important to us. since i am here, i want to reflect on and apologize for the rush hour this morning. we had a very unfortunate occurrence where we had a private vehicle drive down into the portal that disrupted all the subway activity for this morning. the police have arrested the individual who was driving the vehicle, and i say this not just because it is timely, but because i think it is indicative of the partnership we have between the police department and the mta. the police department folks work very expeditiously and quickly to book deal with the individual but also to assess the incident but also to assess the incident to perform their investigation