thank you very much. >> clerk: thank you. >> hi. my name is alicia philips. i'm actually a retiree of san francisco, and i currently don't live here. i'm a white woman from alabama, and i was raised in a really racist household. some of my family members did some really repaleprehensible things to people of color. we have a lot that we need to makeup for, so let's move on, let's let people heal. let's heal and move on. thank you. >> clerk: thank you. >> garcood afternoon. my name's andrea perez, and i'm a student at the university of san francisco.

i'm here to request removal of the statute, early days. the statue's a misrepresentation of our history as a state and as an sf county. the native depicted on the statue is a plain indian, so it doesn't have the historic -- it doesn't honor our history even if it is a painful history. the experience of california tribes at the time was distinct due to the mission system, and the mexican vaqueros who are also depicted in the statue led to a lot of pain in the tribes even father sierra understood he had to control them by imprisoning them because they were going on killing sprees. you can read man, the dark side of democracy, and he explains

how there was a native american genocide that was still not acknowledged and recognized. and rick swig compared the statue to the holocaust memorial at lands end, and while he is justified in doing so, it doesn't honor the lives lost, and it pictures a group of people that were in part responsible for the genocide that occurred. [please stand by for captioner switch]

when i first saw that statue a few years back, it really -- at first i was just staring at it trying to see is that what i really saw, am i really seeing that, and i was in shock and i

was sad and then i got mad. and for me the way the native man is cowhering below the priest or the missionary while he's bending over him pointing up to the sky, as a person who maybe defines god differently than maybe that missionary or other religious clergy, it was like he was saying, accept god, you heathen, and i remember how christians told me i was going to hell because i defined my god different than the way they did their. it is not always terrible for the natives, it just represents religious persecution as well as the other stuff, too.

and it's really hurtful. the arts commission -- and the history was donated it and in storage and they needed something to put there. it doesn't really have a -- it was in storage for 90 years already. put it back in storage. >> thank you. >> i have been an activist for 42 years and used to be a teach er and a member of the human rights commissioner. do you know what the bounty system is, commissioners? >> this is public comment. we cannot respond. >> the system is in the 1800 plus a lot came to california.

when they came to california and only make 25 cents. this is where genocide came from. they had militia. they had -- they scalped my ancestors for $5 a piece. if you are going to do some research, you need to know. and with this is what we got through it. and what they are doing today, commissioners, is commission by omission. thank you. >> hi, here i am again.

i just want to echo what andrew was talking about, professor andrew, and we both made a sunshine ordinance requesting all your email, and rick swig, we saw some things that you said and were unpleasant and unprofessional disrespecting the thousands of people who have emailed and made comments. i would suggest you make a personal apology and i don't know how you can do that, but i would love that you look t a those things to not fill in the comic book and stuff like that. we have the emails. they came from your office. i did a sunshine orders request. i can send them to the personal email which is included in the sunshine ordinance as well if you want, or just do this from the board of appeals. we were a small contingent. as you can see, there is a lot of people here. it would be nice today if after

public comment you apologize for the disrespectful comments. anyway, moving on, i wrote a statement today that i was asked to share as well. thank you, rick. i'm talking if you could not have side comments. and i am not a comprise or a savage in a history book and that supports white settlers. i am not erasing any history by having that pioneer statue taking up. i am tired of settler bullcrap and excuses and using the statutes to cover up the privileges because you are all guests on this land. tired of educating to be a mixed race native on the land that was stolen from the ancestors and tired of not being seen. but lastly, i am a human being. we are human beings. we have respected your way of life, made treaties can you. respect us and respect our demands. remember -- it shows you exactly how we are supposed to be

living. take down the pioneer statue. everybody agrees except everyone here on this board. move progress. >> thank you. >> my name is andrew galvan. and beginning in 1794, i traced my h ohlone through the baptism, marriage, and death registers at mission san jose in fremont. in other words, by ancestors were here to grote your ancestors. since 2003, i have been the curator at old mission delores and i was a founding member of the california missions

foundation and past president of the california mission studies association. i am here today to support the removal of the statue in civic center plaza depict iing indian in a demeaning manner, which means i am here to request a rehearing of the matter. let me reiterate as so many others have so eloquently stated already. the statue is historically inaccurate. the early day statue is a reflection of history written by the conqueror. the pendulum has and is swinging, and we are writing our own history. we are asking for an accurate history. thank you.

>> thank you. >> hello. i am isabella. i am a member of idle no more sfa and i am an occupier of ohlone territory, and i thank you to the ancestors for letting us be here. i want to talk in regards to the statue and ask for a rehearing for the removal of the statue and how important it is to not only our ancestors and also for the next generations to come and us here today living. i have been active about having schools take the statues -- not the statues away, but the mascots away and standing up to racism face to face is really a crucial thing to do especially at my age. i shouldn't have to deal with

anything like this. and anyone else who has spoken before me and after me because that goes to show how stuck in history and stuck in time that we are that we can't move forward. we need to make these decisions and to stand for the community and stand for the people. we ask for you to listen to the facts and history. and is up to you to make the right decision. and i stand here today in honor for my family and i stand strong for her to be that voice because she wasn't able to do that. and not only her but my other grandfather was put in religion where our language was taken away and the traditional names as well. so we've got to stop that.

thank you. >> good evening. any ma my name is monica and i come with heartful of love that you will seriously consider what has been share. the people who have come forward with speaking with their hearts with pain and desperation to move forward. it is time. i stand in solidarity with the original people and my own family comes from the southwest and mexico, and both sides of the border for generation. we are guests here, all of us. we try to live respectfully as guests, to teach our children to live in truth, stand with truth, take the integrity seriously, and when we have a chance to look back and make a misstep wrong, to make it right, we must. we must do it. it's painful. it is hurting everyone. all of you, all of us, and our children as well. please, this is the time. i implore you to do the right

thing. the world is watching, the united states for sure, but it is time. we all need to move on. >> thank you. >> good evening. i am here to support the removal of the statue. i think given our history with first people of the country, this is literally the least you can do. and this is like the bare minimum. , right? there is a lot of steps to do. you have the power to do the bare minimum, so i didn't really have anything to say and support everyone in this ohlone territory, so please do the bare minimum. thank you. >> my name is trevor martin. i am a white man and i would

like to give thanks and respect to the ohlone people. in all natives of the stolen land. and i am here to support the removal of the statue. i came in here and originally from ohio. i came here 13 years ago and when i first saw the statue in san francisco, it really surprised me. it shocked me. i couldn't believe it. i am from a small town in ohio. and now that someone has finally called for the removal, i didn't think it would be a problem. it should be easy. and this is san francisco. we're supposed to be the most progressive, forward thinking, leading city of the nation. and discussing the removal of the the racist statue.

i had to come down here and say something. i can't believe it. that this board as an appeal that won't reverse the decision of of unanimous ministries and the majority of the people of san francisco once the eare mooufl of the statute. it's disrespectful. it is highly offensive. and way past time that it needs to go. thank you. >> thank you. with respect to the ohlone people, thank you for letting us be here. i decided to come in. i am an k o o.k. cherokee db oklahoma cherokee choctaw. my grandfather fought in an all native american unit during world war ii.

i can't believe we are here in 2018 trying to bring down a white supremacist statue. really? >> thank you. >> i live in san francisco and i am a white woman and ally and the ohlone people and thank you for letting me speak today. i would like to ask yourself who do you want to be? why do you want a statute that represents genocide and white supremacy? please remove the statue and start a process of reconciliation to the ohlone people. this is what i want for my children, and this is what i want for all our children.

thank you. >> thank you. >> good evening. i will be really brief. i grew up in western addition and bayview all my life. i rose and pulled myself up by my boot straps and opened up a retail store, naughty boy retail and we sell urban clothe, easy shoes, things like that. the only way come into the store is to sell alcohol or tobacco. i got the alcohol license and i have had it for two years and now they are taking it away because a technicality i didn't go through the city right. i'm trying to find some help here. i didn't ask anybody for anything. i saved my own money. i painted the place. and i need some to just look

into this and make sure i am being treated fairly. and that's my thing. 4836 third street, naughty boy retail. i have been there for close to two years now. i pay $3500 in taxes last year. i want somebody to get to the bottom of this. they are passing up a success story is what they are passing up. i am here and please, if anybody can reach out to me. , please, but not doing nothing is the wrong answer. >> good evening. i am susan. i remember seeing this statue and from the 60s and 70s. and moving from the east bay and

spent quite a bit of time looking at the sculpture there that remind me of the reverse way of the champions for humanity sculpture in oakland which is a beautiful monument to, as it says t champion for humanity. human rights figures such as chief joseph, and caesar chavez. why would san francisco want to have a monument to murders rather than people who stand for what we believe in? champions for humanity is a place i am proud to take people to. this is a statue and it has a place and i believe it should be health in storage until we have a museum of white supremacy

because it is no longer the form and we see statues like this to remind ourselves of the shameful past all over the country. thank you for reconsidering and removing the statue. >> thank you. >> good evening, members. i am debbie ying, a san francisco resident for 20 years. i wanted to clarify that the comment made earlier about rick swig referring to not enough public comment to fill a comic book was at last week's hearing. i was here at last week's hearing. i attended that meeting where on wednesday, april 18, appeal 18-035 and appellant schmidt

versus the historic preservation commission respondent was held here. and i was disheartened to hear that the board voted to appeal the early days and the statue in the civic center. and countless people here today. i stand with the folks that are here and as a san francisco resident, i am ashamed that the statue still exists. can you imagine the statue glorifying the exclusion of chinese americans? it was law and it was wrong in 1982. there is an outcry from native americans against the statue, and it is a horrible depiction of being native american. rewe can niez that the displacement of thousands of

native americans took place, but it should not be glorified. i urge you to grant a rehearing for the appeal and to listen to people that have spoelen today and take seriously what we are doing to start and take the statue down. why? >> thank you. >> hi. laura clark. i just want to point to a very moving system testimony. and i am here about another issue, but i think this is really important. i wanted to draw attention to the fact that a speaker was asked where they live. and i want to draw attention to how frought and unacceptable that is and especially talking about native people who have been displaced from this place. it is inappropriate and unacceptable question to be

asking people and effects us all incorrectly. we are caught in a web of inescapable mutuality. these are martin luther king's words. we effect once another and every person from every community has a right to speak out on this issue and every other issue in san francisco. >> thank you. >> and i am speaking on my own behalf. and the statue out there is abhorrent. it is a racist symbol. it's our history. we've got to live with it. the polish government is trying

to rewrite history and changing the legacy of that genocide that occurred there. the genocide that's being shown by that monument is something we need our grandchildren and their grandchildren to see and explain to one another. this is a teaching moment for me with my kids. as they grew up seeing that, gave us an opportunity to talk about it. for us to eare move that takes the subject off the table, and i just want to tell you that feel like you made the right decision. >> thank you. okay. so seeing no other public comment, we will move on to item number three, commissioner comments and questions. is there any commissioner comments? seeing none, we will move on to item four.

the adoption of the minutes. >> any additions or corrections, commissioners? >> adoption of the minutes. so commissioner lazarus moves to adopt the minutes. >> yes. so president fong fong -- i'm sorry. is there public comment on the adoption of the minutes? okay. seeing none, president fong. >> aye. >> commissioner honda. >> aye. >> a commissioner wilson? >> vice president swig. >> yai yai. >> okay. that motion passes. minutes will be adopted. okay. we will now move on to item 5a, 5b, 5c, and 5d. these are four appeals. appeal number 18-017, 18-0818, 18-040, and 18-041.

denny and perjalian versus department of building inspection. i believe one of the commissioners will be stepping in the back to recuse themselves, is that correct? okay. >> i have to recuse myself again. >> okay. thank you. we will take a moment. i will start reading the description. the subject property is 121 spear street. and for appeal 18-017, protesting the issuance on february 5, 2018, to google of an alteration permit on the second through fifth floors, new interconnecting stair and stair openings for tenant improvement project. application no. 2017-11/20/4399. april 18, 2018, the board voted 4-0-1. commissioner wilson recused, to continue this matter to allow time for the parties to negotiate. appeal 18-018 is protesting the

issuance on february 6, 2018 to google of an alter activation permit, the fifth floor tenant improvement including build out of workstations, partitions, and mechanical, electrical, and plumbing and work on third floor mdf room, fire under separate permits. application 2017-11/21-4496. and appeal 18-040 is protesting the issuance on march 7, 2018, to google, of an alteration permit, third floor office tenant improvement with mechanical, electrical, and new plumbing, new partition, horizontal capitol hill and finishes. application 2017/12/12/6276. and appeal 18-041 is protesting the issuance on march 15, 2018 to google of an alteration permit and sixth floor office tenant improvement with mechanical, electrical, and plumbing, new partitions, horizontal exit and finishes. this is application

2017/12/12/6270. those are the appeals and president fong has indicated that each party has three minutes to address the matter. >> yes. thank you very much. my name is steven myaki and i appeared the last time, and i represent denny and two other -- three other unit owners in the building. and in line with your opportunity to negotiate with the other side, we did, and we do -- i am happy to announce that we do -- i might be premature with this because mr. blackwell who is the attorney for gooingle is here also, but -- with google is here also, but we have a tentative settlement. we have a tentative settlement in place. it contemplates both immediate action and longer term action. and the immediate action contemplates a move out of the affected tenants, and

installation of monitor, which could be effective really soon, and a longer term action which would contemplate other claims. the immediate action can be put into place really quick at the tenant cans move out, and once they do that, i think the appeal is going to be dismissed, but we need an opportunity to put the settlement into place. and i am afraid if the board doesn't make a determination today, that it might just hinder or impede our efforts to reach the settlement. i think mr. denny wanted to make a comment as well. but that is all i'm going to say. >> joseph denny here again. i want to say thank you very much for the opportunity to present our case. i think we had a satisfactory meeting with google today. i think that we're on a road to an agreement. i would like to hear from mr.

blackwell. we have put a two week timeline to absolve the withstanding issues, but three parts, four effected, sensitive units will be relocated immediately. the residents will be proactive in that. they will start to look for other accommodations immediately for six months, and will move back into the homes once the google work is complete. the second part obviously is to put very specific monitors throughout the building to protect the rest of the tenants with an alarm trigger essentially where it can be monitored on a live dashboard. the third obviously is to mediate other claims. it looks like we're in court, so i'll pass it over to anyone else. >> thank you. we will now hear from mr. blackwell. or google. >> it will actually be ms. prosiam, but thank you. >> good evening, commissioners.

i run local government community outreach for google's offices across the state. on behalf of google, i want to thank you for your feedback from last week's meeting. it is clearly tempting to talk about discussions we have had with graystar and the extensions about communications with tenants. it is clear that we could have and should have done better. i will not go into the back and forth emails and communications with mr. denny, but it is important to note when we realized information was not shared with tenants, and with denny's unresponsiveness, we did ask the building department to help us bring mr. denny to the table, and he declined that invitation. that was for mr. duffy, choosing to pursue this appeal as a way to find a resolution. we did meet with mr. denny and mr. myaki this afternoon, but it is premature to say we are at a settlement, and i don't think that is what is before you tonight. what is before you is whether or not these permits should move forward. we want to be clear that the building has residential and commercial tenants, and it is

impossible for us to complete our renovation with no impact to the residents. our permits have been properly reviewed, and are valid, and we are committed to find a solution that all party cans tolerate given there will be an end in sight hopefully in the next three months. additionally, we wanted to have the opportunity to speak with all tenants and we noticed a meeting last night and we had 27 people in attendance. at first everybody was very concerned about the construction noise, but by the end of the meeting, people were actually asking us to work longer in order to finish the construction in a more timely manner. we now know that we have a phone and an email and an actual tenant liaison so that people can speak with us directly about the construction and the disruption. the tenants were satisfied and supportive in completing the work as soon as possible. we did not have an opportunity for you tonight to present additional documents, but i do have -- hopefully i am doing this right. exhibit a which i forgot to put

on the document -- here you go. that lists sound mitigation, improved protocol between the residents and construction, property managers and landlords, and the tenant communication pieces. and we're considering -- we're going to implement sound dampening materials and head phones are a couple of examples. we are also opening to providing breakfast vouchers or temporary work spaces for tenants in the nearby floors during the most seriously noisy components. we are doing what we can. i also thought -- i thought i had three minutes. >> you do. 30 more seconds. go ahead. >> the other piece i would like to bring up is the discussion on the hours of construction. i will also have extra copies for the members of the public. we have to work through commercial and residential pieces to this. there are lease restrictions on the commercial side so that we

can't start work later. we want to state again we could have done a better job communicating with the tenants. there is no excuse for that. we will do better around i want to point out that we have hudson and graystar here tonight. thank you so much. we are asking that you -- >> thank you. >> deny the appeal. >> mr. president, do you mind if we take a look at that document? >> no, pass them forward. >> inspector duffy. i'm sorry. and this creates a need for the other party to have equal time. >> in your opinion, i think one of the things that we said last week, please correct me if i'm wrong, senior memory, is we encouraged you to move to resolution. to sha we would haven't to

resolve this for you. i think that was the gist. you had a meeting. you listed a bunch of things very quickly. i'm sorry it was only three minutes. can you be clear in, is there a clear resolution to this in your opinion, or can you list specifically points of resolution that we should consider at this moment? >> we met for an hour today, so i believe that there was -- there were specifics that were provided as demands. and it's going to take us some time to work through that. and it doesn't seem appropriate for the permit work to stop while the legal piece runs its course f that makes sense. >> an i fully understand. that's one of the conundrums that we face.

we understand that if we stop the process -- i think i made this comment last week. it has to go forward at some point. it is a matter of how. but if we stop the process, that's harmful. both to the tenants and to the permit holder. so i was just looking for was there any hint of a resolution that is forthcoming, or is it still a long time in coming? >> after one hour today, i don't think i am ready to represent that we are on a smooth path forward. >> you answered my question. thank you very much. >> okay. any other questions? commissioners? we will hear from inspector duffy. >> good evening, commissioners. joe duffy, dbi. just happy to hear that there was a meeting. they probably should have had that three months ago, but good

to hear they are both at the table talking. i think they can resolve this. and i want to remind the board that the building permits did meet building code. there is no building code issues. i am under the impression there will be future permits on this as well. because it is a tenant improvement, we usually see other permits. whether this permit is upheld or denied, whatever you decide, i will just comment that there probably will be more building permits coming their way. those are appealable as well. that is another -- i just wanted to pop that out there. >> senior inspector duffy, i'm sorry -- >> go ahead. >> are you aware, is any of the -- is there a bbn on the property at this point? >> bbn? no, not that i know of. a bbn is a planning department. but we don't have any address block on it from dbi. we don't have any reason to. >> thank you. >> mr. duffy, if you look at the

four permits, who have impacts greater than the other on the floors above? >> right. >> one deals with the t.i. work on the sixth floor directly below. one deals with with the openings between the second to the sixth floor. the other two deal with the lower floors, which potentially has less impact. do you concur with that? >> yes, i would. and i do think as well that when you see the permits that are coming through the floors, that's where you're going to get a lot of the noise because that is a structural slab as you know that has to be cut through. you're going to get a lot of noise from that scope of work as well. i don't know if the -- i actually didn't get a copy of that document, but i did suggest to ms. lee at d.b.i. there were -- i must say they were very responsive to me and the permit holders in the last week and

they have been getting advice. and if they put measures in to run that for the sign, it's going to help as well. i do agree that some of the work on permits has that because the floors would definitely make a difference. >> this a p.t. slab? >> probably, i would imagine. i'm not sure, but i would imagine it is. >> they are saying no. >> but it's still going to be a jackhammer. >> i am going to add a little bit more -- >> an i'm sorry. >> at this point is there any public comment on this item? okay. given that there is no public comment, commissioners, this matter is submitted. yes? >> i am a resident of howard street where this construction is going on. i would like to commend the

google team, the hudson team, and the graystar team for really getting together quickly and trying to resolve the issues that we're having. if you read through the packet, you will see that they're going above and beyond what they have to do, and also they're going to start communicating with us on a monthly basis as well as newsletters and limiting the really heavy duty construction to two hours a day, two hours on the weekend for that really heavy duty drilling. they're also putting in, you know, sound dampening, looking at drill bits that would be less noise impactful as well as the host of other things that are in your packet. so just consider that. we all have to live together. we're downtown. it happens. but i think in this instance i have really seen a quick coalition of forces to come together to try to mitigate the

inconvenience of the residents. thank you. >> okay. thank you. >> that matter is submitted. i don't see any other public comment. if you do plan on providing public comment and please stand against the wall and commissioners? >> and there are questions that you want to ask the property managers, is that still the case? >> i do because hudson bay and the other property manager were not available, but i was highly skeptical that one week would be efficient to resolve this. it appears that, one, we can't

change what may have happened in t past and may have been wrong. i believe the parties have stepped up to the plate for both management companies. to me personally, i don't want to stop the project either. i think that going forward is fine, but but i do feel there should be some further instruction as far as they submitted and what they would do. sound machines, a dedicated person to handle the complaints. i mean, we've done that in the past. but right now i think that, you know, to be honest, yelling at the management companies for nonresponse is -- that ship has sailed for me. >> i agree with my fellow commissioner on that. i think it would be fruitless to beat on the owners and the management companies, and hopefully they have received their feedback this week and i

appreciate that albeit it might be later than it should have been, but google has responded with the list and with recognition of the issue and list of items. i have my crystal ball with me because it's permanently broken, but i can foresee that there is going to be further conversation between the tenants in the building and google on this construction matter. and i think this is going to -- and i think they should continue to have those conversations, but not subject the permit holder to any more significant suspensions of activity because i think it's a lose-lose situation. and i hope that we try to go for win-win situations here. so i think that we should

consider the list of affidavits that google has given us with regard to the voluntary restrictions. and we may like to add a few more to those based on the further comments of the other commissioners. >> commissioner? >> there was a lot of process issues and the suggestions for improving the situation, there's very little here dealing with sound mitigation. only two things that were added from what they talked about before was that perhaps providing some noise cancellation instruments and hiring someone, and the other two items were brought up

previously in terms of some sound mitigation at the vertical shafts and that was the reason, and the reason for that was due to the property managers requirements. noise policy of subcontractors. they talked about that last time. they still didn't do anything. i'm not sure that they couldn't in the week as brought forth more stringent sound mitigation. >> but i do agree but at the same time i think that the -- to put it bluntly, the people with the hardest impact, they have agreed to relocate to a different property. >> i don't think they said that. >> permit holder has not said that. >> permit holder has not said they will do anything at this point. >> and in this case -- do you

mind if i ask her to come back to the podium? ms. pozan. earlier the appellants had stated that there was some possible relocation for some affected units. can you elaborate on that? >> sure. so the relocation, that is the item that was discussed for an hour today. we are not prepared -- we're not -- that is where i am not sure the path is going to be smooth. what we are ouring is for the -- what we are offering for the very loud mornings and the loud saturdays, we will provide vouchers. we will allow work spaces for people -- some other working environment for people who are working from home and retired or someplace to be on a saturday. >> okay. thank you. >> can i ask you kind of a

provocative question? it's not meant to be combative or anything like that. but as commissioner fong pointed out, there seem to be two permits which relate to lower floor stuff which probably we should move forward with because they don't really seem to effect the tenants so much. but there are a couple of permits that are bull's eye effect. i think we have a choice here. and maybe you can help us make that choice for you or influence us in some fashion. we know that if we have a choice to take two of the permits and those lesser ones and not advocating that, but commissioner wills provide feedback on and move those forward. but hold up the other two permits and continue those two permits which would obviously cause google some significant

harm, so what is your -- what might be your voice here? do you advise us to continue to focus on the two residents which have a direct effect of those tenants? >> vice president, do you mind if i interrupt you for a second? >> sure, go ahead. >> this is getting a little more serious. since we have the representatives from the hudson and gray star, can i have the representative of hudson maybe come forward. >> i just want to -- i want some -- >> can i try to address this? >> i want closure on one question. i want some closure on one question. if we moved on to the lower floor permits and let them go and let you have the construction, we have a choice to say no to the two permits which i think is the lose-lose

situation. because it's bad. and then secondly, if we continue because we want you to resolve those issues related to maybe moving people out temporarily because it's really hurting them, their life style, and then that is going to cause you harm. because it's going to cost you money, so where do you think we should go with this? what is your point of view? how you might handle this with these tenants who are harmed? >> i think one thing maybe i don't make clear enough is there are commercial and residential tenants. even if you have the noise on the lower levels, that there will be disruption. there is no way for us to do this work without it. and the majority of the tenants from last night actually would prefer to get this work done in the next three months rather than changing hours because

changing hours could elongate the time that it will end. so pain for one means pain for another. and that is the unfortunate -- that is the unfortunate situation we're in in this building. if that help. i don't know if somebody from hudson or graystar wanted to answer commissioner honda's questions. >> question, is anyone from hudson or graystar have anything specifically on this regarding the tenant situation? >> good evening, commissioners. i am drew gordon with hudson properties and i represent our firm's interest in san francisco includi including rincon center and we own the office and retail portion -- >> you are kind of a tall guy. can you move the mic closer? >> an i was just describing our ownership rincon center includes the office and retail portion, but not the apartment portion that is owned by caramel. if i may, i want to apologize on

behalf of hudson for not appearing at the hearing last week. that was poor judgment on our part from our relationship with the city is very important. and our relationship with our tenants, google, is very important, plus our relationship with the neighbors and the residents of the apartments are important, too, so i want to apologize for that. i am here to answer any questions you might have. >> i am not going to dig from last week. i just wanted to know if you have anything specific -- >> i would like to say that our team, our hudson team has been redoubling our efforts to work with residents, work with google, with the city to try to come to a resolution. we are very focus and and trying to ameliorate the issues that are coming up, but the good point is there are commercial tenant who is reside in the project on the lower floors, and they, too, may be impacted. >> i do have a question. so if last -- at last week's hearing google indicated they were not allowed to reach out to the tenants a z per an agreement

with hudson. is that correct, sir? >> the way that the arrangement goes for communication is that if there is a complaint by the residential tenants, they will speak to graystar. graystar is the management firm that represents caramel the owner. graystar will reach out to us as the owner of the commercial properties given that the t.i.s are occurring on our property. and we will reach out to google and bcci. that is the process -- >> i think you got it reversed. i mean, if -- evidently since you are doing work as was in the statement last hearing, that the property being developed at 75 howard which is not your property, actually reached out to the residents of rincon and gave them some information. what was stated last week was it was a he said, she said, and they were pointing at graystar or the two owners were. google indicated that they were not allowed to reach out to anyone as per their agreement

with their commercial, with their commercial alert. >> i am not aware of that at all. and by the way, as far as the work occurring at 75 awe tho hawthor hawthorne, we encouraged them to reach out to the residents in caramel to ameliorate a separate issue and i think we were acting proactively. >> thank you. >> you're welcome. >> excuse me. is there any play in that 7 to 9 period where you folks and the contractor cannot do any heavy construction above your commercial space? >> as was stated earlier, we do have three commercial office tenants within rincon, and we have leases with those three tenants. and there are some restrictions we have on when we can perform loud noise for them. we believe the 7:00 to 9:00 time frame provides the best solution for those tenants as well as for

others. >> thank you. >> you're welcome. >> i just want to be clear about one thing. what was raised by the appellants in terms of some sort of settlement, to my understanding goes beyond the purview of what is in front of us. so my understanding is we can impose some conditions on the permits, but that's apart from anything that would be work cap between the tenants and -- >> that is why there are attorney. >> i thought i heard maybe we were waiting on something or going to condition it on that. i wanted to be clear we can't. >> no, but i was leaning toward continuing two of the permits. >> i'm open to that. i don't want us going down the path of waiting for legal -- >> what would be the reason for continuation? >> pardon me?

>> what would be the reason for continuation, mr. president? >> just to keep some fingers in the pot. >> the apple on the table. >> you want to respond to that? only that? >> and i am a consultant and right now the different permits that you have, some of the permits if you are moving to move forward with is going to be a little bit noisy. the ones that you want to hold through especially with the stairway and interconnectedness, that will be much noisier. but we're just going to prolong the pain even more. we are looking at three months now for the total work of loud noise. so us delaying two of the permits and letting these two go, so a little noise for two, three months, and then another lot of noise for three months. it's six months of pain for tenants and while we understand that mr. denny has some legal demands, we did meet with the majority of tenants yesterday, and all of them were encouraging

us -- >> we have already heard that. thank you. >> i have a question, ms. lee. you said three months and it was brought up i believe by appellant that that is what they were told initially and then extended another three months and then when we were here last week, someone mentioned six more months. >> from what i understand this past delay starting in february and march, we were only able to do some of the work and had we not been delayed, we could have completed the more loud -- i'm sorry, the louder portion during this past time. and now because we were on suspensions because of the p.o., it's going to be extended. we are looking at from bcci and mid july to end of july. it is really pretty much firm three more months of very loud noisz. >> thank you. >> all right. okay. you were also tenant, weren't you? >> yes.

>> you should have spoken in public comment. >> i apologize. i live on the ninth floor. a few things that were said, i want to clarify. some said all or most tenants agreed to having the work done as quickly as possible. that is certainly not the case. at the very least, it was 50/50. there was no tally or anything like that. a few of the people who did peek were affiliated with google. also, at the very meeting yesterday, they said we've gone through october, six more months, not three months. they told us to our face it would be work, construction on the sixth floor would continue through october. the pain that we're suffering would be grave. ewith just move to hours later in the day and not rudely awakened on monday, tuesday, wednesday, thursday, friday, saturday at 7:00 or 8:00 a.m. to get some peace, not stressed out, and like i mentioned to you last week, and being afflicted

by insomnia and other health issues. i appreciate your time. thank you. >> thank you. >> so i would like to be fair and ask the same question of the appellant and the other two gentlemen. yourself who is standing at the mic -- i'm sorry, i am not addressing you by your name. and the two other gentlemen since you are probably going to want to comment anyway, and it's fair. i asked ms. prozan, help us here. it's going to continue and there is going to be noise because this project has to get done. and the project is legal. and the project has been approved by the planning department, and the building department, so what is your resolution? it's is same question. what is your suggested

resolution to this board be on the things that we can adjudicate which does not include moving out? because we can't do that. that is a civil matter. so what would your answer to the question be? help us please. >> we have obviously strived to find the best solutions to the google tenant. sending us back to live in that condition is simply not acceptable. it is not livable. so that is kind of the baseline we have to work from here. we have come to the city hall to appeal for protection. we are not willing to work to move out of our home, but we have to. you simply cannot live in that environme environment. we sent out a message to google the very next morning for a meeting. they just met today.