Transcripts For SFGTV BOS Land Use Committee 4416 20160410 :

SFGTV BOS Land Use Committee 4416 April 10, 2016

My wife and best of all a home were happy to have a home we work hard and my wife says shes never leaving with our new home we get healthy and stable who knows what is possible clapping. now my turn for a few concluding remarks there are so people people im not xaefrg hundreds and hundreds the aftermath of a fire but putting together the new franciscan towers rather than call anyone out i want to direct you to a program recognizing those who contributed and we want to commend i guess replenishment on a couple of things because identify cabin sleeping by myself in my bet bed the first we tndc cant do anything alone we exist in a community that part of community and the community depends on us our success is he really a function how we Work Together and one cant see that anywhere better than the fact franciscan towers the other thing ive learned i want to share with people is that Affordable Housing is a safety net i really only understood how true when i saw what happened when Affordable Housing was jagged from flaerths peoples lives so thank you all for coming question appreciate everything youve done and enjoy your lunch good afternoon, everyone good afternoon the meeting will come to order this is the regular meeting of San Francisco Land Use Transportation Committee im supervisor cowen the chair and supervisor wiener to my left is commissioner peskin id like to thank the folks from sfgovtv leo and Jessie Larson for helping us and assisting us in broadcasting this meeting madam clerk, any announcements . Yes. Electronic devices. Completed speaker cards and documents to be included should be submitted to the clerk. Items acted upon today will appear on the board of supervisors agenda unless otherwise stated excellent call item one the public works code to have been xhfblt with the stormwater permit supervisor wiener is the author i believe a few opening remarks thank you, colleagues this ordinance updates the San Francisco Stormwater Management for the returning requirement to insure the controls are consistent with requirements of california state law the ordinance updates and modernize which kinds of projects that trigonometry of compliance with stormwater the San Francisco stormwater giles are an solution to make sure the new developments in the city deal with stormwater onsite and in doing so minimize the contribution of stormwater to the sewer system this minimize the discharge of contaminated water into the bay and from the San Francisco public works is here with a brief presentation. All right. Thank you for that introduction thank you, supervisors for having us to r here to talk about the stormwater im sarah i work with the sfpuc the water shed policy with the projection and programs to implement the green water structure to manage the stormwater ill briefly talk about the ordinance that has achieved in the first 6 years and the drivers of the supervisors original in 20104 thousand square feet and the Stormwater Management ordinance requires that projects implement Green Infrastructure to manage stormwater on site we have a couple of conditions the city that merits the Stormwater Management the sewer our concerns to treat the San Francisco Entertainment Commission before that is in combined with the system areas we want to slow down the water for the commissioner makras to the system the first 6 years of implementation weve had two hundred and 40 projects and one and 4 final approvals and as you can see that the ordinance is really having a positive impact on the urban sheds youll see the pictures in the presentations are all projects succinct to the were getting urban habitat and removing millions of gallons from the system getting Great Projects with green garden and other tools todays briefly is really about the amendments that are proposed to consensus the regulatory experience with the new new permit requirements from the water control before do that is issued every 5 years and a analysis to see what changes to remain in compliance where we had the opportunity for feedback if stakeholders and so were using this update to also implement our Lessons Learned as well as coming into compliance the main changes to know about the changing trerd in 2010 small promotions blow 5 thousand square feet were not regulated in this new all the time projects between 25 hundred and 5 thousand square feet will be regulated per the permit this will only be applied the separate sewer areas we believe this will have a low impact overall the other important change is the change in threshold language in 2010, the language was based on ground disturbance now were replying that the creation and imperfect surface clarifies the language in alignment what the boards language our analysis really shows this wont make a huge distance but fewer open space projects for the Stormwater Maintenance those main changes we want to brought to your attention thank you for letting me speak and any questions ill be happy to take your questions. Thank you very much any questions for elizabeth no okay in case well go to Public Comment on item number one any Public Comment on item one seeing none, well close. Madam chair, i will move that we forward item one i move we send it to the full board with a positive recommendation and thank you for your leadership on that supervisor all right. Well take that without objection. Moderator madam clerk two and three together to permit the suspension of construction when there are repeated violations and item 3 ordinance amending the electrical and plunge to clarify the enrollment procedures. Supervisor wiener is also the sponsor. Thank you very much madam chair colleagues this is pretty board legislation that is long overdue to reform, restructure and sitting improve the cities process in other words, to make the buildings safer and a crack down on code violator to make sure that people are living in habitable december sent housing to remove nuisances and create a Revolving Loan fund to help people correct Code Violations they impact the neighborhoods and recipient all over the city we all every one of us seen buildings with boarded up windows and broken stairs and major incomplete construction work that is there for years obvious extreme hoarding and portions of buildings that are missing those extreme and obvious violations can sometimes last for years without correction without enforcement and they can lead to serious hazards for occupants and neighbors we have also seen situations where Construction Projects are not voigt or not complying with the codes we want safe buildings this important for neighborhoods and residents particularly for tenants forced to live in below standard conditions and violations and Code Enforcement too often inspections occur but unfortunately, no action or extremely late action by city departments repeated complaints about inflated conditions and too often Property Owners incur the violations and any violations to enforce against them the complicate system lacks the coordinates and communication amongst the city departments that leads significant gaps and albeit and follow through in addition the departments are reluctant to pursue the enforcement because of funds the last 5 years weve seen referrals to City Attorney very widely from year to year or across departments continue 2010 and 2015 for example, the department of building inspection made 87 refers to litigation and the Health Department u public Health Department 56 and the Fire Department 2 and the Planning Department 4 referrals that is difficult to track what is going on with the buildings and complaints the system is not working for the neighborhood for the residents along with supervisor cowen a year or year and a half ago i held an oath hearing when the building and health fire and Planning Department all recorded on their Code Enforcement with the recommendation how to improve the system after the hearing showed a lot of work that needed to happen i began to work on prevention which is now before the committee today, the legislation is broad impacting our Building Code and fire code and heeding and provides better coordination and stronger enforcement tools i want to thank jeff in any office for working on this and arrestgraphy debris as well is it creates a unified code process for the dbi and the Fire Department and the department of Health Including the deadlines for issuance of Administration Action and problematic cases to the City Attorneys office they did did not have different timelines and limitations on whether the visioning even have to be issued we need to set strongest standards of accountability it improves the cooperation cross the departments and the system we based the progress on one employed by the department of building inspection this is a good model for registering the complaint and specifically the process will when the Department Official as an inspector determines a condition renders the structure or building unsafe they need to serve a notice of violation they must serve one within 15 days the code violation is not corrected or a significant process is not made the case b will be referred to a administrative hearing at the hearing the hearing officer shall either determine the violations is have been abated or issue a written order that specifics the scope of work and the timeline to be implemented it shall not steady one and 80 days notice the use of the word shall weve no longer the discretionary uses but this process will move along once our deadline has passed the case can be referred to the City Attorneys office if not brought into compliance there are a few slight derivatives between the codes to count the very well procedures for example, the Fire Department is never been required to issue a notice of violation and not required to hold an administrative hearing but a notice of corrections not part of fire code so lack any enforcement mechanism and generally, the Fire Department is not held the enforcement hearing while the requirement of noigdz will change how the Fire Department practices enforcement i believe it is necessary we create a true process for insuring abatement of violations the Fire Department handles a eventual good news amount of violations some significant and some minor two tier did violations priority complaints that are safety issues and egress and other issues must be addressed those are treated by the mandatory process and second cart for the Fire Department of standard complaints more minor exclaims so far those complaints the department will have a window of would restraining order one and 80 days to allow for corrections before that an administrative hearing this will give the Fire Department the flexibility and making sure the process move forward so the legislation in addition board of supervisors the City Attorney and grants the City Attorney the authority to File Lawsuits without deadlines action or exhalation of the administrative processes that applies to the department of building inspection deducting and Fire Department and Planning Department currently the City Attorney can only take action against seerlt code violators if it is retired to the City Attorneys office as weve seen many, many times the departments appear to be hesitance to refer to the City Attorneys office and it takes them so long to refer that the violations are stale and, of course, of course, a report by the City Attorneys office as ive described earlier shows a number of referrals by each department and varies drastically of the departments and with the Planning Department and others Fire Department in particular referring to extremely few cases additional times the City Attorney gets a case referred through one department but then cant pursue violation by at departments for example, a dbi referred the case to the City Attorney is it may turn out there are frier code violation not addresses under the law the City Attorney cant include those under this ordinance the City Attorneys office can hold all violations into one lawsuit and not by with an department or another has failed to refer a case for litigation in in this case each department will be billed separately orders homelessness violations and referral not be charged with the work contributed to other departments that didnt make referrals this allows the City Attorney to proactively go after the code violation is establishes a Quarterly Report for all departments and each report includes every single case that is referred. An administrative hearing or an outstanding order specifically the department shall report whether the issue was resolved along with the costs paid and the matter has been or will be referred to the City Attorney for review or other explanation of how the matter is handled this will insure the cases dont linger and the public has full transparent at the various departments the legislation also provides the dbi department of building inspection be clear the authority to suspend all the repeatedly violations within the planning code it is unclear the director of department of building inspection has this authority we believe this the director does so the can i have an egregious violation so they have the power the director will be able to step in and address all the violations finally the legislation and this will actually be the Budget Committee creates a Code Enforcement resolving low fund for the Property Owners to help bring buildings up to code the goal of Code Enforcement program to bring compliance this will allow us to help the pertains to achieve that goal this legislation has received the unanimous support of Planning Commission and the planning inspection we want the Code Enforcement to be safely and more habitable building colleagues, i do have minor amendments in a few sections we neglected to include the director of planning as having the powers to take certain steps of other departments have specifically on page 41 line 4 we would like to add the director of the Planning Department be listed after the director of the department of health on page 41 thats page 41 line 4 just one amendment we have to make and so at the conclusion of Public Comment i will make that motion so colleagues, i do have a few presentations today but i see that chair cohen may have additional comments thank you, supervisor wiener so far this important legislation i would like to be added an a as a anchoring coauthor it may sound boring but has an impact on the buildings it will streamline the enforcement procedures across many departments not seeing a lot of the bureaucratic tape every department dbi and health and planning have their own unique process but this change standardized the violations complaints and the other portion of what were talking about here today it is that is important that will reduce the extension time that timeline what about granted from three hundred and 60 to 90 days if youre a Property Owner youll not have 360 but 90 days to make the corrections and this change is critical it allows the City Attorney to initiate a lawsuit of the department didnt refer the case for litigation as it stands right now no litigation happens but after the slumlords if no litigation now it eliminated that extra step is a very, very big deal and so streamlining the lengthy administrative process with the neglect Property Owners have been take advantage and frankly have been abusing it is incredible supervisor wiener i applaud you and add me supervisor peskin. I concur with the chairwomans comments ill suggest supervisor wiener subject to Public Comment on item 2 at

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