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HomeMy WebLinkAboutMinutes 2012-10-17CITY HALL CONFERENCE ROOM 400 GRAND AVENUE S011TH SAN FRANCISCO) WEDNESDAY OCTOBER 17, 2012 1. Call to Order: Time: 6:31 p.m. 2. Roll Call. Present: Councilmembers Addiego*, Matsumoto, Mullin * *, Vice Mayor Gonzalez and Mayor Garbarino. *Councilmember Addiego arrived at 6:34 p.m. * *Councilmember Mullin arrived at 6:39 p.m. Absent: None. 3. Agenda Review. None. 4. Public Comments. Councilman Garbarino advised Public Comments would be heard after staff's presentation pertaining to the proposed Point of Sale Home Inspection Ordinance. 5. Study Session: Point of Sale Home Inspection. Fire Chief White presented a PowerPoint presentation regarding Point of Sale Home Inspections by the Fire Department. He reaffirmed a commitment to ensuring residential properties meet minimum safety standards. He noted receipt of feedback and concerns from the community and hoped this meeting would help foster further discussion on the subject. He viewed this review as an opportunity to formalize the authority for, and scope of, home safety inspections in South San Francisco. Point of Sale Home Safety Inspections have been done in South San Francisco for many years. The Fire Department developed a policy for smoke detectors several years ago. It was brought before the Council at the time and it was approved unanimously. Every three years, the Uniform Code was renewed and approved by local ordinance. Subsequent revisions to inspection policy encompassed gross unpermitted construction posing a threat to safety in an emergency. MINUTES o SPECIAL MEETING o CITY COUNCIL c�l�g0 OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE S011TH SAN FRANCISCO) WEDNESDAY OCTOBER 17, 2012 1. Call to Order: Time: 6:31 p.m. 2. Roll Call. Present: Councilmembers Addiego*, Matsumoto, Mullin * *, Vice Mayor Gonzalez and Mayor Garbarino. *Councilmember Addiego arrived at 6:34 p.m. * *Councilmember Mullin arrived at 6:39 p.m. Absent: None. 3. Agenda Review. None. 4. Public Comments. Councilman Garbarino advised Public Comments would be heard after staff's presentation pertaining to the proposed Point of Sale Home Inspection Ordinance. 5. Study Session: Point of Sale Home Inspection. Fire Chief White presented a PowerPoint presentation regarding Point of Sale Home Inspections by the Fire Department. He reaffirmed a commitment to ensuring residential properties meet minimum safety standards. He noted receipt of feedback and concerns from the community and hoped this meeting would help foster further discussion on the subject. He viewed this review as an opportunity to formalize the authority for, and scope of, home safety inspections in South San Francisco. Point of Sale Home Safety Inspections have been done in South San Francisco for many years. The Fire Department developed a policy for smoke detectors several years ago. It was brought before the Council at the time and it was approved unanimously. Every three years, the Uniform Code was renewed and approved by local ordinance. Subsequent revisions to inspection policy encompassed gross unpermitted construction posing a threat to safety in an emergency. Safety Inspector Rosaia provided an overview of the proposed ordinance as follows: inspections would be required upon point of sale for single family residences, town homes and duplexes. Items reviewed during inspection would be limited to the following: adequate means of egress; properly installed smoke detectors; properly installed carbon monoxide detectors; raised water heaters; venting deterioration; obvious electrical wiring hazards; and fuel sources. Inspectors would not perform the following tasks: climb on a roof; move furniture; look up chimneys or in cabinets; look under house; operate appliance; or measure square footage. The cost of the inspection is $125 and inspections take 45 minutes. Chief White noted the City is cognizant of short sale pressures and does not hold up home sales pursuant to the point of sale home inspection program. The program is not a revenue generator and its primary purpose is to ensure residential properties meet minimum fire and life safety standards. Battalion Chief Mosqueda spoke to the dangers he observed in home fires due to unpermitted construction creating ingress and egress issues. He noted that such fires put neighborhoods and public safety personnel at risk. He recommended that Council reaffirm a commitment to the 3Q- plus year program and opined that with time, its true value and benefits would continue to be realized. PUBLIC COMMENTS Mayor Garbarino reminded meeting participants to silence their cell phones. He observed comments would be limited to 3 minutes per speaker. Russ Lee, longtime resident and retired Chief of the South San Francisco Fire Department ( "SSFPD ") spoke in support of the Department and the program. He highly objected to what he perceived as the San Mateo County Association of Realtor's ( "SAMCAR's ") inflammatory behavior towards the Department, including the distribution of literature containing false information about warrantless searches /inspections and its attempt to prevent home sales. While he supported debate, he took offense to what he characterized as lies that were being spread. He believed the real issue had nothing to do with the warrantless inspections, but was solely about money. Bill Rich, veteran firefighter of over 28 years and resident since 1964, believed the items required by the SSFFD - smoke detectors, strapping water heaters, etc.- will more likely enhance the sale of a house. Bishop Gary Smith, resident, stated his church and schools had been inspected over a dozen times. Since the change from SSFFD to the Building Department, there has been change in attitude. Inspections have become excessive and costs have doubled. He's never failed inspection but finds them to be rather subjective. While he has appreciated interactions with SSFFD, Building seems to come in looking to find something to justify an inspection. His background in law enforcement included writing many search warrants, making him wonder why the Police are subject to such requirements yet Fire is not. If a reason for inspection is not stated, they should not be allowed to come in and search for something. He opined that this ordinance could be abused in the hands of the wrong people. SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 2 John Penna, resident, realtor /owner of Penna Realty and former Councilman felt that through its practice, the City has interfered with the Constitutional right to buy and sell property by requiring government approval. Further, through its practice the City conducts illegal entries and levies fines for violations regardless of whether they exist or not. Tonight's staff report presentations had little to do with the issue the San Mateo County Association of Realtors ( "SAMCAR ") is trying to discuss- government interference between a seller and buyer. He outlined upcoming speakers and items they would be covering. Michelle Zaconne, Legal Counsel for SAMCAR, presented the association's concerns about the point of sale inspections including: the belief that the inspections were in violation of various laws and rights guaranteed under the U.S. Constitution, the California Constitution and the City's own laws; the scope of the inspection is overreaching and allows the City to insert itself into a process that should be between the seller and buyer; the point of sale inspection is unnecessary as it duplicates existing state law; inspections do not make homes safer; the inspections are arbitrary, discriminatory and without credibility; and the City has an inspection Ordinance on the books which describes the process it must go through to enter a person's home. John Gieseker, Prudential Realty Broker, presented case samples of resident inspection experiences. He cited an example in which a permit for a structure was not found and the owner was told to tear down or bring the structure up to code. Fortunately, the contractor found the missing permit before anything was done, but still the owner incurred additional costs as the buyer wanted to be compensated for delays. It was his belief that the inspections go far beyond life safety items and citations for illegal units. Paul Stewart, SAMCAR Government Affairs Director, referenced the staff report, citing the financial statistics. He noted the free inspections no longer existed in South San Francisco, a fact that needed to be clearly communicated. Mr. Stewart explained he has reviewed municipal, county and state budgets for three decades and felt the City's various financial reports lacked clarity. He opined that Council should direct staff to include point of sale home inspection revenue information in future budgets. Greg Bryant, SAMCAR member, provided print outs disclosures and certification papers illustrating how sellers go through self certifications. In 1968, 1994 and 1998 laws were passed that required seller certifications for water heaters and smoke detectors. It was SAMCAR's belief that this process worked, contrary to the opinion of the SSFFD. SSFFD also expressed concern about the certifications being done improperly when testing smoke detectors only involved the push of a button. It should be noted that if testing were done in any other manner the detector warranties would be voided. He warned that New York was recently sued for collecting too much money, adding that SAMCAR did not want lawsuits. Lastly, he feared the trust that residents have in their Fire Department would become eroded as a result of the passing of this ordinance. Steve Blanten, Executive Officer for SAMCAR and former Los Gatos Councilman, urged Council to direct staff to halt this ordinance or any revised version in the future. No specific ordinance gives the City the right to conduct these inspections, only a general ordinance exists today, which is not being followed. Two percent of homes are sold in South San Francisco per SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 3 year, thus, it would take over 50 years to address the City's entire housing stock. He agreed with previous speakers regarding the inspection's ineffectiveness, its unconstitutionality, the unaccountable revenues and the potential for financial abuse. Todd Rael, South San Francisco resident and SSFFD Captain, spoke in support of the ordinance, noting it was a chance to prevent injuries and/or death. He felt information was a good thing and these inspections provide sellers and buyers with pertinent information regarding their health and safety. He then read an excerpt of an article about California's Disclosure Laws, expressing the ordinance was in line with them. Lastly, he noted there have been no comments provided by either a Civil Right's activist or attorney, leading him to question the idea that this ordinance presents a violation of civil rights. Anthony Ottoboni, South San Francisco resident and current SSFFD Captain, spoke briefly in favor of the ordinance. SSFPD is in the life saving business, not in the business to make money. Several calls were mentioned earlier in the staff report, calls which he participated in, where instances of death could have been prevented with proper inspections. Jenny Dadoun, resident, expressed concern about the lack of transparency to buyers and sellers, noting she had learned of the proposed ordinance only two days ago from SAMCAR. While she appreciated the work done by SSFFD and agreed in general that inspections were important, she felt the entry into a home was a violation of rights. Furthermore, she felt something this important should be put to a vote by the public. She also requested statistics regarding the stories of deaths discussed by the Fire Department. John Wong, realtor, relayed his personal experience about why the real estate industry has displayed so much emotion regarding this item. The recent financial and foreclosure crisis resulted in a number of abandoned and blighted homes. While he supported tools provided to the Department to deal with safety issues in this area, he believes the opinions expressed pertained to the way these inspections have been conducted thus far; if inspections were purely based on safety issues, cosmetic issues would not present such hefty fines. Implementation, sufficient training, and clearly defined structure must be provided no matter the outcome. Linda Ma, recent home buyer, thanked Safety Inspector Michele Orque for helping her identify and correct all of the violations on her soon to be home, without her she would not have bought the home. She found the Home Safety Inspections Program to be extremely beneficial and hoped that other potential buyers will benefit from it. Joan Coleman spoke in support of the program. The anger she sensed in the preceding comments bothered her as did the flyers sent out by some realtors. She felt the flyers were extremely unprofessional, and an insult to residents and the Fire Department. She took great offense to them and the fact that they were handed out to residents. She supported the program and saw it as a way to ensure her safety and the safety of her neighbors. If a seller or buyer has to invest money to make the home safe, so be it. Tim Knittel, current President of Local 1507, also took offense to the characterization of the Fire Department policing residents. He supported the ordinance and saw it as a way to know the baseline safety of a home before entering and increase the overall safety of the City. SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 4 John Feger, resident, spoke against the ordinance. He felt it went too far and was overbearing. He added that he was not connected to the real estate industry at all, just a person trying to retire and needing the equity in his home. Armando Garcia, resident for over 75 years, spoke in support of the ordinance. He's had the opportunity to install carbon monoxide detectors in many homes and is extremely grateful for the lives that have been saved because he did so. He does not understand how the cost of the program outweighs the cost of a human life. The SSFPD is one of the best and they are to be commended, as well as Council, the City Manager and Chief White. Real estate broker, small business owner and current Chair of the Chinese Realtors Association of America, Amy Kong understood the ordinance's purpose of increased safety and protection of life. Her question however was how the passing of the ordinance could guarantee residents' continued safety when it was only required at point of sale. Frank Pun recently purchased property in the City that had several violations discovered during an inspection. The items seemed to go beyond the life safety issues and have cost him thousands of dollars. There have also been discrepancies between County and City records which he has no way to explain. This issue has cost him enormous amounts of time and money. He agreed with life issues but felt the ordinance was an overreach. Betty Sun Wong of Better Homes and Garden Realtors, wanted to share her experience and its similarities to some of the earlier speakers. Properties she has listed or attempted to list have accrued enormous amounts of fines from violations ranging from illegal plumbing, messy yards and roof shingles. She humbly requested the violations accruals to be stopped. Mike Harris, resident, wanted to remind the realtors and speakers that we all have certain rights and responsibilities to uphold. As someone who has fought fires in the past, he was in support of the ordinance and even felt it should go further to include every residence especially those with children. He urged Council to move forward with the ordinance. Frank Drago, brother of former Fire Chief Drago, spoke in support of the ordinance, noting that health and safety should be everyone's main concern. In his opinion, all that was trying to be accomplished was increased safety. Lee Ginsberg felt the SSFFD was being misleading in its presentation. He noted three levels of inspections that were currently being done; the self certification required under state law, the property inspection, and the fact that banks now take pictures of homes to ensure the presence of smoke /carbon monoxide detectors. For SSFFD to add additional requirements was simply unnecessary. He emphasized that the reality was different from what was being represented by SSFFD. Tina Wong, resident and realtor, spoke about her experience at the Building Department applying for permits for kitchen remodel items and a Jacuzzi. She was told she didn't need any but got them any way. At Mandalay place, a citation was received but the Fire Department could not identify a code to fit the violation. She questioned the knowledge of the SSFFD regarding SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 5 building codes. She felt the Department should stick to the safety items they outlined and not the building codes. Shokoofeh Nowbakht, realtor, spoke about the responsibilities of the realtor to the selleribuyer when a property is sold. She stated various inspections are done and disclosure is done responsibly, with all known information being provided. Tom Carney, resident and Safety Inspector for the City's Fire Prevention/Code Enforcement Division, spoke in favor of the ordinance and saw it as a safety and quality of life issue. If those who did not live in South San Francisco could not understand why this City has not given up on quality of life and retaining property values, they need simply look at some of the nearby cities that have, Stockton for example. He asked Council to protect the neighborhoods and quality of life in the City. At Mayor Garbarino's discretion, John Feger, who had not used his entire three minutes, was permitted to address Council again. John Feger addressed the violation of people's rights while conducting these inspections. Perhaps something more reasonable it could be agreed to. Frank Vento, who works within City limits, stated it seemed strange the SSFFD was asking for an ordinance now even though it had been conducting the inspections for many years. He relayed a story about a neighbor who had numerous fires, but was only issued a citation. If the inspections are meant to address a health and safety concern, then address them as so. Code enforcement should be separated and addressed in a systematic way. COUNCIL DISCUSSION Mayor Garbarino thanked participants for their comments. Councilman Mullin noted appreciation for the public's response to this difficult issue, which he was not yet ready to take action on. He questioned why South San Francisco was the only City in the County to have the point of sale requirement. He further acknowledged the point of sale aspect of the issue as the essence of citizen concern, while noting that under state law discretion, these inspections have been taking place for close to 30 years. Chief White responded that several local cities that previously maintained similar programs cut them for budgetary reasons. He believes that such programs, which operate successfully elsewhere in the Bay area and state, bring value as a check on the self certification process and ensure compliance with fire safety standards. The program started in South San Francisco in 1985 as part of the triannual review and adoption of state fire code. Councilman Mullin questioned what happens when egregious unpermitted home modifications are found. Chief White advised that agreements to fix large concerns, such as converted basements are usually reached in sufficient time to avoid complications on a home sale. He observed that many of the large fines and violations discussed by participants in the meeting were not levied under the point of sale inspection program, but rather through the foreclosure abatement program SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 6 Council adopted by ordinance a few years ago. These are severely dilapidated mostly bank owned properties. At Councilman Mullin's request, Assistant City Attorney Rosenberg advised the proposed ordinance as crafted to withstand scrutiny under the Constitutional rational basis test. Councilman Addiego stated he could understand the concerns of the realtors. He believed the issue needed to be further considered and wanted to make sure any program would include the Fire Department working collaboratively with homeowners on solutions. Councilwoman Matsumoto advocated for the need to strike a balance and not give any leeway on issues pertinent to the health and safety of the City's neighborhoods and firefighters. She questioned whether self certification documents were enforced by realtors. She further commented on the dangers of homes with unpermitted bedrooms and large numbers of people living in homes that were intended to be single family residences. Solutions such as those developed by the Fire Department offer good value to residents. Vice Mayor Gonzalez advised he had met with John Penna and Paul Stewart on this issue. Regarding the issue of unpermitted construction, he advises all residents to consult with the City to determine whether permits are necessary. Finally he asked what can be done to ensure remediation of homes without holding up property sales. Chief White advised that the Department works with the parties to come to an agreement as to how to fix the property so as not to hold up sales. Mayor Garbarino noted appreciation for the Fire Department's efforts. He reviewed the proposed ordinance and questioned whether realtors had any issues with what is proposed - specifically the 10 items proposed for inspection upon point of sale. John Gieseker noted that the proposal was recently provided and neither he nor the other realtors had the benefit of adequate time to review it. That being said, he didn't believe it was realistic to require homeowners to modify long standing, decades old property installations upon point of sale in the name of fire prevention. He advocated for a reasoned rational approach. John Penna addressed Council and opined the issue is not health and safety, but illegal entry into a home under the umbrella of a health and safety inspection. He noted that people buy and sell property for all kinds of different reasons. He suggested an older home often has many things wrong with it, but the market gives the buyer the right to buy as is. He opined this type of regulation should not occur in a free economy system. Greg Bryant addressed Council and opined the ordinance injects Council into the private contracting process. Councilwoman Matsumoto suggested that those concerned read the proposed ordinance and then meet with the Fire Chief and his staff to address concerns. She believed this was a good place to start the dialogue. A second City Council Special Meeting study session to review any proposed modifications and alternatives could then follow. SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 7 Mayor Garbarina agreed that a more productive discussion would be had after the proposal was further vetted by the realtors who had expressed concern and the Fire Department staff. Council agreed. 6. Adjournment. Being no further business, Mayor Garbarino adjourned the meeting at 9:37 p.m. Submitted: 4Ric ved: �• r Kri y inel arba ri o City Clerk, City of &outh San Francisco Mayor, City of South San Francisco SPECIAL CITY COUNCIL MEETING OCTOBER 17, 2012 MINUTES PAGE 8