>> good morning. welcome to the land use committee i'm scott

wiener the chairman of the committee to my left is malia cohen or committee vice chair supervisor kim will be joining us shortly our clerk is andrea ashbury and i want to thank sfgovtv for broadcasting today's hearing specifically jonathan please turn off all electronic devices. >> >> yes. all electronic devices completed speaker cards and documents to be included should be submitted to the clerk. to be included items acted upon today will appear on the and items acted upon will be in others november 25th a agenda otherwise ice states. >> madam clerk call item one. >> an ordinance for the planning code for the clove reevicted use district and supervisor cohen is the author. >> thank you very much good afternoon. i'm offering a simple amendment to the alcohol

revicinity district for the 0 type 23 or the as small as beer manufacturer alcohols permit it was passed 10 years ago because of an existence of a high liquor existing in the 23rd corridor it is bounded by the creek to the north and egg better and better avenue and u.s. 101 south to the southern bound in 2003 there were very real and significant challenges with alcohol crimes related to the abuse of alcohol and negative health effects with alcohol abuse some of the challenges exist but we've made headway by working with the bay area police captain we're being smart about the ordinance that we create and or amend.

>> the opportunity to make the amendment came to us by the way of laughing monk brewery andrew it's been a pleasure to work with you and it's been you've been very involved that the bay area community so thank you (laughter) monk were your is for the egging better avenue inside the r u d a small change to the restricted use district that's small but this business friendly and brings a change in the bay area community along the third street market corridor but to maintain the protections and restriction there was a recommendation from the planning department to include a conditional use consideration in the legislation, however, there are

no other pdr two zones in the city that requires a cu for a type if brewery in addition to the cu as six months to the permitting process this inclusion this inclusion is appropriate for the legislation i've got letters of support from board range of community groups which includes the bay area residents improving their environment snowman e known as bright and the bay area hill division and the third street and the bay area merchants association diego sanchez is here from the planning department and we'll be able to answer questions should any come up so mr. chair. >> yes. >> i think that we should did he give diego a few minutes to

talk about the amendment and have the other colleague talk. >> diego santa's on october 023rd we proposed an amendment for the alcohol district use to allow the small business murdering the abc license type 23 with the flying zoning after brief deliberations is it fair to say recommended for approval with on mischievous that's for the board of supervisors to add a conditional use authorization for small beer manufacturing that concludes my presentation. and i'll viable e available for questions. >> come on up. >> i'll be brief i'm very excited to be part of the bay area community we've gotten

support and a lot of pdr supports with the businesses there's a chance to make it a food mecca i hope this is passed. >> great thank you very much without further ado maybe we can make 80 a motion to accept those amendments. >> i think we should do public comment first. >> absolutely. >> opening it up for public comment on item one i have two public utilities speaker cards sorry if i miss pronounced that. >> good afternoon and thank you very much for hearing this as a craftsman for opening bob restaurants we'll be grateful to have and have not's to continue to establish our craft and it's a great place for people to come and commute around in beer macro

thank you very much. >> thank you. is there any additional public comment on item number one seeing none, public comment is closed. >> supervisor cohen you have an amendment to item number one. >> no, i've spoken into the record about the changes i want to see. >> those are reflect in the item currently great so can i have a motion to workers' compensation o with a positive recommendation. >> item 2. >> an ordinance modifying the administrators code for the van ness bus rapt project. >> and supervisor kim is the author of item number 2. >> thank you this item will be brief we have peter on the project manager here from sfmta who is going to

do brief introductory comments this ordinance is an amendment to our administrative code set for the van ness brt project we plan on urging the general contractor contractor for the project and the director of transportation t is seeking approval for a projecting to implement this c m method in a manner it's efficient the director has determined in the mosaic o administration code will be the effect way to implement cushion of the project and the process is in our public utilities interest imaging it is a large-scale plan for the rapt for one of the busy corridor for

all the transportation modes in san francisco a system that the board of supervisors is excited about it really could be a persistent in terms of which how to there the public transit services for the residents this is a complex project in the organizing of the construction to minimize the impact on the community and traffic construction we have a precedent for doing this before dpw did bring an amendment for the general hospital project into district 10 to allow proposals to allow c m and for contractors instead of the c m j for the subcontractors in a preconstruction phase to enhance the design for the

implementation sfmta will require similar ordinances for the van ness brt and this ordinance is before the board of supervisors before the land use commission and so the gentleman is here to answer questions from the committee thank you, supervisor kim any questions okay. seeing none opening it up for public comment any public comment on item number 2 seeing none, public comment is closed and mr. olson would you like to make a motion. >> yes. to send this with with a positive recommendation i want to thank sfmta to assure we have the most efficient project moving forward and i'm excited about the brt moving forward over or on van ness boulevard the motion we'll without objection madam clerk call item

3. >> an ordinance amending the planning codes to narrow the distinction and setting the background on housing. >> supervisor kim and supervisor cohen are the co-sponsors supervisor kim. >> so thank you, colleagues for hearing the trailing legislation for the fair chance ordinance for myself and supervisor cohen this past february with a unanimous vote with a difference group of stakeholders from the housing community we're able to craft the most progressive and band the enar necessary barriers and create housing opportunity for those who have an arrest or

conviction history it's been a fact over 3 months we've received recommendations from the office of labor enforcement regarding clarifying certain provisions of fair chance the amendments will one allow the employers and he city contractors to consider infractions on license and this was of particular importance to our office as we move forward with vision zero and insuring that we are hiring the safety individuals to primarily jobs that involves driving and two allowing the contractors to consider a violation that is more than 7 years old for possession for the supervision of care of minors of did not adults or seniors the fair

chance act limits a conviction of arrest to only seven years those amendments will authorize the city to bring a civic actions against those who vital this and amend the depiction of employment it must be 8 hours per week in the city and finally, there's provide the restrictions in the code reprevail over existing convict and we've been able to clean up the changes but this is for cultures we haven't found that the fair change will prevail overly that and this insures the employers can make employment decisions about housing and make sure that the individuals with conviction history that are

seeking stable housing and employment they will have a changing chance to put-down their qualifications first who people have the opportunity to stabilize their lives lives we want to get rid of disparity and reduce the cost of criminal justice saving taxpayers dollars ose are embodied by fair chance that makes our city safer and healthyier with that, supervisor cohen i'm not sure if you want to add additional comments. >> no you've covered it all it's exciting that's my comments moving in the right direction and we will open up item 3 item 3 comment? seeing none, public comment is closed. supervisor kim. >> i'd like - i'd like to make

a motion with with a positive recommendation to forward it to the full board. >> i believe supervisor kim circulated an amendment. >> oh, so sorry thank you john gibner, deputy city attorney i circulated the amendments to colleagues and to the clerk i'll read that into the record so i'm making a motion to amend the ordinance on page 4 on lines 13 through 15 and this is regarding information pertaining to an offense other than an infraction and the driving record more than for the job in question any such consideration of driving record infractions are subject to the

section 12 g. >> supervisor kim has moved that we adapt the amendments she's sub scripted can we take that without objection? and supervisor kim and there's one other amendment that was buried in the amendment that the supervisor circulated the ordinance will allow the city attorney office to bring a safekeeping action to enforce the housing the right to embryoenforce the employment revision we made some amendments working with the supervisor to clean up that language i want to make sure that's reflected in the record 0 its 99 substance being in a civic action that is moderny damages up to $50,000 a day and any another recommended

issues and to the city attorney's fees >> i thought that was in the ordinance for the public today what page is that. >> it's on i believe on page 16 civic enforcement and the version it might have been pushed to 17 you have the ordinance you introduced proposes civic action there's a drafting error essentially that incorporated language that didn't make sense by the housing providers so we just reworked that the original language that in a civic action the court could award backpay that doesn't make sense in the housing proirdz so we just cleaned up an

error my office made in the draft. >> i see it's not in the copy i actually have before me that i shared with members of my committee mine still says the backpay i completely e completely understand that should be cleaned up. >> okay. >> i do support that clean up amendment. >> okay. i apologize. >> as you reflected. >> if the committee makes the oral amendment we'll practice provide a copy to the clerk. >> we've adapted it as circulated by supervisor kim the city attorney has articulated an oral amendment reduced to writing if we adapt it so colleagues what we take that the amendment is adapted supervisor kim has made another motion to move item 3 as amended to the

full board with a positive recommendation and we'll take that without objection. thank you madam clerk call item 4. >> item 4 is the hearing requesting information from the mayor's office of housing the community development for the market rate procedures. >> okay supervisor kim requested this hearing. >> thank you for joining my land use commission this is a hearing we've requested several months ago we have been working with the mayor's office of housing and along with the residents that live in the b m r units throughout our district this is an issue that is often come up at my office hours one of the tape concerns is access to affordable housing many have complained they've applied to the low market ratings to help them with the application i supported a housing case

management currently it was selected to provide the selection and they've placed a number of people into the low housing by helping the residents through a process they've identified the number of barriers and some of the problems that have come down to our office that asked for office intervention those issues are non-uniform and an traded process the inequal treatment of the owners during the application process as well as loss of bmr units because of lack of ordinance this is below macarthur it one of the best and desirable ways for the developers to include the mandate and in fact, the mayor's office and our office let's us

know we prefer they build with an off site fee unnecessary barriers have wloekd this affordable housing stock it is important we understand the barriers to assess and develop a solution to dissolve them it can be dissolved through housing counselor in our below market rate too 2 thousands mrs. applicants as recorded in the chronological in order to make sure there's equal access and not screening applicants we need to address the individuals that are homelessness that were formally homelessness and limited english speakers and potentially undocumented and

neighborhood residents i want to share some of the person shires i've heard that utilized the need for this hearing and to make sure we were able to have a clear process for the bmr many of you have read about christopher they're they were formally homelessness that won the lottery on tenthth and market but were denies because their score points were low and it was curd with the assistance of one of our city nonprofits those minimums are set arbitrarily it's not the same in each building and not uniform you mean this this case we don't want this to happen to other families one of our folks sub lease so the family 0 could move

in after spending years in our shelter programs i mentioned a family in the tenderloin they won the lottery but avis criteria computed the documentation the provision should not have been included in the final criteria this disqualified the family after they led their landlord know they would be moving out but this was a clear and flagrant violation in this case, the mayor's office of housing was able to let affordable housing have a know and get them moved in we want to prevent the city from having to intervention into those cases we have another city resident that won the lottery but because of a criminal conviction dating back to the

1990s failure to make children fees that was the type of unnecessary bare she was able to move in only after the city incessantly the bmr units have increasing but not considers this is another issue we've heard if our bmr residents and in some cases have led to eviction for now and then payment rent those are some of the personal stories to give faces to the hearing we have before us today, i want to thank the mayor's office of housing they've been working closely with us and they're charged with the oversight of the below market rate program for their issue olsen lee along with maria

our owner o director that spent a ton of time with residents in the office are here to present and to answer questions so thank you. >> good afternoon, supervisors arrest i'm so very excited to be here this is my first year anniversary with the blow market rate program it's a year i have under my belt to understand the ins and outs of that and advocate for you folks trying to get in when we first talked about you know the bmr program whar with only of the things i've noticed is that everybody thinks of a bmr of all or avenue housing as a bmr when you say i want to get into a bmr it could mean so many

different things we want to talk about the first thing and clarify is all the types of affordable unit that the city has and which one of them are under the bmr program so am i - how do i - so, yes i do sorry thank you so the units we're not talking about today are units that are one hundred percent affordable from our multi family rental program that are nonprofit developed with the i know with

the inclusionary fees that are paid we're not talking about unit that are coming under tax credits or city or federal, state grants there are 17 thousand of those units in the city and they reach as high hoa high as 50 person bli but some are designated to pay the tenant only pays a third of their income so if their income is $10 they pay $3 they're the most affordable so the 17 thousand that exist have already on the market and at at capacity. >> yeah. >> the programs we're going to talk about are the bmr inclusionary housing program and we have about 4 thousand of those unit