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tv   [untitled]    October 16, 2011 10:30pm-11:00pm PDT

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excavated. this is an intense job. goit is not a walk in the park. >> this include the excavation of 700 yards? >> yes. a lot of it is sitting in the dirt. the garage is a bonus to the project. we have to open everything up to do the foundation correctly. as i mentioned before, he is extremely confident about the design, and that is what he wants to stick with. >> you said nine or 12 months. you also mentioned a all the wall coverings off, and things that seem may be cosmetic.
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i understand he would need some of the plumbing and electrical, but what if you did not need to do that? >> we would be tied into services together with -- tying two surfaces together. >> by the time you have existing finishes, you have to take those into consideration, that you would be disturbing us hester's while you are trying to put the new finishes in anti those together. -- anti those together. the best thing would be if everyone can do their job. >> i understand that.
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from the general contractor perspective, that makes sense, but there are tenants on fixed incomes for whom it is not so easy to go someplace else. i am trying to see if there is some way they can stay. >> anyone can stay. it might take 50% longer. >> thank you. >> it raises another question i would have for the owner. i understand these three tenants have had what some would consider to be a terrific deal. is the street right there?
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>> yes. >> they live in a beautiful area. they probably have views. they are getting a good deal. let's make the assumption they actually to have financial problems ascribed. somebody talked about equity, and it has been stated it would be far more expensive, take longer, and i do not know anyone would consider a reasonable compromise, but if we were to double the allowance offered nine iron who rent board. it allows for three months, and doubling it will only allow six months. goowould that be something to
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consider bowman -- something to consider bow? >> given that answer, the other members would agree, but how quickly can you get in touch with them? >> i do not think we have jurisdiction. >> i am not opposed. when i am done, if you are to take them somewhere else, i would welcome them.
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the delay is going to cost money. we might offer it as a compromise. >> you understand it is between the parties. goowaxman we tried to -- >> we y to make it as convenient as possible. we did not want to postpone this hearing to 2 our time line, so i cannot get a hold of them now. >> assuming someone else would be willing to have a
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continuance. we do not meet again until the 26 of october. >> that is where i have to leave it i suppose. >> thank you. crux of the parties reach an agreement, the matter could be withdrawn. is there any more from the department moment -- from the department? >> just looking at the plants, i am not sure how much work is in place in the units. if you look at it, someone needs to clarify how much work has taken place inside the dwelling units. i see some details, but there does not seem to bee -- part of
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this is having to move people out of the unit, but how much work has taken place in the actual dwelling units beaumon? i think the majority of work is on the ground floor, but i cannot say how much work has taken place inside the units. >> we heard them talk about removing all the wall covering. >> we would need to get clarification of your johan -- clarification. that is just something i thought i would mention to you as well. >> thank you. >> it is up to our president.
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>> excuse me. >> we were able to contact my parents by phone, and they were able to agree to donuble relocating costs. >> that was a question by one member. we are not trying to mediate the issue other than to suggest you talk to each other. >> we are welcome to suggestions. all we want to do is move forward. >> i will have to talk about it. we were talking about something not as long. we were talking about a six- month limit. we were hoping for something shorter than that, and our willingness to live with the obstruction and norway'noise thn
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happen until it is moved, but i would have to talk with sadda--. >> would you be open to a continuance? >> i think we will be open for a continuance. >> you would not wait until the next case? >> we karen. -- can. no problem talking to my clients during the next case. i think it might be more effective.
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perhaps you could huddle and come back. would you like to hear this case? >> then we can bring it back and talk about maybe having deliberations and voting on the case. >> we will continue this item and call item no. 9 carrie. it is protesting the issue on august 18, of a permit to alter the building, and remodel, and i addition, a three-story addition commo, basement additi,
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reconfigure basement and sparta. i see both parties. who would like to speak first? >> i will speak first. >> did you work that out? >> he gave me the green light. if i have helped him with this, and we reached a settlement agreement in the hallway, and on that basis, we have requested the appellant withdraw, and i am now going to let the appellants representatives confirmed he represents the appellant and we have reached an agreement.
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>> i am representing the appellant in this case, and we came to an agreement, and we would like to withdraw, and thank you for your patience. >> would you like your agreement on a record? >> yes. goohere it is. basically, our our will paraphrase it. it is that now our project sponsors will conduct the boundary survey. the boundary line will be marked in plain view of thosboth parti. the project sponsor will use of us engineering practices.
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also naming the appellant as additional ensured. the private sponsor will pay 50% of the cost. there will be flash to fill any gaps between the buildings. the prostate sponsor will pay for creating a boundary fence on the western property line. they will allow reasonable access to the property to make
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needed repairs and maintenance. there are other terms that are not performing, but we reach. the agreement is on a computer screen. these are most of them, but there are more of them during good -- more of them. >> we have dealt with that. >> in other words, we have made physical changes to the properties.
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>> since we have heard from the parties, i think we should see if there is any public comment. i see no public comment. the matter has been withdrawn, so there is no need for action on your part. >> congratulations to the project sponsor. i hope you raise a lovely family. >> we moved back to item 10. maybe you can go and see if the parties can come back in the room. >> why don't we take a five minute >> we are returning to i contend. -- item 10.
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an fis the board. -- advise the board. >> our clients would be willing, if it is a six month limit, to agree to slightly less, but i do not know. we would even be willing to -- they could move into any of the three units available after six months, and then move into their own unit, if they do not get anything done. they only have to get three units done, but i think they have a problem with the time limit. >> we spoke briefly in the hallway. we definitely could agree to more money to alleviate the problems, the financial concerns. it is difficult, especially in this short a time, to commit to a six-month time to get the work
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done. i am not a contractor, but i am sure the contractors here would agree that is too short a time. there are too many variables to commit to a time like that. but we are certainly willing to negotiate and work with addressing financial problems with temporary relocation. we would prefer to start right away. we will continue to negotiate with the tenant. before we can even serve a notice, we have to file for our petition. we anticipate the work will take longer than three months. then we have to give a 60-day notice. depending on what mr. collier and his clients want to do, which could end up with three jury trials. negotiation is important to us. i am sorry that got misunderstood early on. we are perfectly willing to negotiate. vice president garcia: as our
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director explained, if we were to continue this, at any time between now and the date we continued it to, you could simply call and withdraw the appeal. if that would accommodate both sides, that might be the best tack to take. >> i understand that. we would prefer not to have the appeal upheld. we would like to go forward with the project. but like i said, mr. collier and these clients -- there are a lot of steps before we can even start the project. some property owners would like to speak as well. but there are lots of steps to negotiate before moving forward. we would like to get onto the next step. we would welcome any opportunity
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to negotiate. >> the concerns, as i see it, are relocating aspects. i am meeting the tenants with a reimbursement for their relocating. i feel like i am meeting their needs. i want to meet their needs. i need to get my needs met as well. i do not have time. we cannot get this job prolonged any longer. i would like the tenants to take over negotiating in good faith, and i would like some back. i would like to move forward and not continue. commissioner peterson: you cannot figure out a way to get these tenants back in a within six months? >> i can figure a way. it is simply move fast. but like david said, and anybody who has been through construction, things happen. it is our interest to get them back. they are tenants. we want to get them back.
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i just cannot say that i can guarantee it. commissioner hwang: depending on how the vote goes, aren't you better off having a vacant building for six months? >> i am better off having in vacant for as little as possible. commissioner peterson: nobody addressed this from your side, which is the proposal of shifting people into the spaces that are available when, for example, as mr. collier just stay put -- if after six months, work is not done, but you could have a timelines of the units that are available can be moved back into -- you could prioritize, right? your contractor will do whatever you want, in the fashion you want it. if there is a way to do it, i have not heard anyone address that.
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>> it is my understanding that the work cannot be done well, unit by unit. much of the work is systematic. our engineer is here. he could speak on behalf of that. commissioner peterson: i would like to hear that, because it is unclear to me. >> i am the project engineer. i am a licensed professional engineer. it is my opinion that this work is too cumbersome to be done unit by unit. in everyone's interest, the best way to do it quickly is to vacate the building. the issue, the code issues alone -- is building needs to be upgraded. all this needs to be upgraded. it is a fire hazard. remember the case at the fillmore. we do not want that to happen here. we need to write down all the ceiling and dishes in the building. -- rip down all the ceiling
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finishes in the building and install the surfaces. this needs to be done in one go, not unit by unit. commissioner hwang: don't you do one piece at a time anyway? >> that is the quickest procedure. commissioner hwang: you could take down three units and then the next three units. >> to get rid of all the house of this materials as quickly as possible, there are no -- to get rid of the hazardous materials as quickly as possible, we need all of the residents out of the building. there is a common entrance. it is hard to move the hazardous material through the building. commissioner hwang: what is the time lag for spreading out the work in a more piecemeal fashion? >> it could double the construction time easily.
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that is setting aside all the announced that are already there. in an existing building like that, you might open a section of wall and find brought everywhere. that adds delays. -- and find dry rot everywhere. commissioner hwang: i understand the project sponsor wants to start the work immediately. at the same time, i have heard different people say everything is speculative and untested. what sort of research has been done? you have a hard deadline somewhere, right? i have not heard them. >> a standard building of that age, you expect lead paint. you expect it in the cluster. you expect it in the plumbing. one person can have a shower at any one time. commissioner hwang: you expect
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asbestos. >> no samples have been taken, but it is assumed. commissioner hwang: 1 not? >> because of the time frame. commissioner hwang: there are vacant units, right? president goh: i am afraid maybe you did not here when mr. -- hear when mr. duffy said you do not use-- lose the occupancy of the building, from a building department point of view. i know you are saying it is more efficient to do it all, but what about doing that just the basement forced sex -- first? >> you will be disconnecting the services. the building will be literally lifted off its foundation. they are connected, unfortunately. president goh: ok.
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thank you. you can come and answer my question. just come up to the microphone. >> earlier, the house movers said we needed to construct interior walls in the apartment in order to construct them -- to support them possibly. commissioner peterson: are we in deliberations? >> you could move into those. president goh: mr. collier would like to answer my question. >> i have done demolition and the tenants are in place. they did it in the vacant units. they did not do lead and asbestos testing. they did the demolition without asbestos testing, without knowing if it was hazardous. i think that tells you a lot about whether there really are concerned. -- they really are concerned.
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president goh: we did see those pictures. vice president garcia: we cut it off. president goh: i think we have heard enough, thank you. the vice president, i did you like -- i did like your idea about a continuance, giving them a chance. vice president garcia: i agree. here is what i would offer. the incentive for the project sponsor -- we have to accept that mr. collier probably knows a great deal. he has suggested that if this project were to take longer than three months, of which everyone agrees it will take, you would have to apply for some sort of extension to the rent board. that might involve up in the $8,500 anyway. what complicates this particular case is the fact that we're talking about the permit itself,
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because half of this house to do with plumbing and electrical. the permit that is before us has to do with the excavation down below. we do not know the whole scope of the work. i would say here is where the project sponsor benefits from a continuance. it is a way of all the other delays you might have, if you are not able to reach agreement with the tenants, and decide what ever you can reach to satisfy them -- that might save you a lot more time and money. as to this side, i will show my hand right now. i think it is going to be highly impractical, even a life safety issue, and in feasible for this project to go forward with tenants in the building. i am not saying that were we to vote right now i would vote for that. i do not think enough
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negotiation has taken place or another consideration has been given to the fact that there will be further delays for the tenants on some of these guidelines. that had nothing to do with the fact that i thought it could take six months. i was giving nine months. in concession, i was asking the project sponsor double the amount you would do, even though it might not cover the entire time. that is now. i do not know where this is going to land. as has been mentioned, both sides, as quickly as you can get together and negotiate -- someone could pick up the phone and withdraw the appeal. the permits issued, and you are ready to go, assuming the other people of here are in favor of the continuance.
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does anyone else have a comment? otherwise, i move we continue this to november 6. commissioner hwang: i will show my hand as well. i think the briefing was pretty compelling on the part of the tenants. i think, frankly, that the request is very reasonable. i have not heard otherwise from the department. if the work can be done and the tenants assume the risk of having inconvenience and loud noises, and that is what they want in order to stand their ground and hold on to their apartments, they should be able to do so. i also agree from a pragmatic perspective that to avoid further cost of time and litigation, a continuance would a