come to an agreement. on week six, her engineer called us back and said she will let us fix the foundation only, not any other damages in the house. they give us an estimate of $100,000 to fix the rest of the home. our contractor, who was falling back on said i will just charge it to our insurance company. at this point, there was a claim within his in -- with his insurance to take care of this matter, but we have a little bit of discrepancies because in the appeal, they said there are no permits or details but there was permits, there was details, it was signed off by the city prior to this issue to pour concrete and finish. we didn't do anything illegal, bottom line. that is all i have. >> thank you. >> could you pull out a speaker card? are you chris gibbs? >> i am. >> thank you. we will now hear from planning

department. nothing? department of building inspection? >> commissioners, joe duffy, d.b.i. i will try to give you guys so explanation. there is a lot -- there are two sides to that story and i just read the brief last night. i was involved with the case. the permit that is under appeal is a revision to permit application 2-018-102-3901. it is under approval. [indiscernible] there were drawings with that permit. now i refer back to the 2018 permit.

the permit that that revised was four level one that had two bedrooms, a family room, a study , a laundry room, modify existing bathroom. level two, change existing room, remodel the kitchen in the dining area, replace the furnace , so that was the original permit. [please stand by]

>> -- to document the work,

including means and methods and sequencing of the foundation work. that permit that was required is the permit that's under appeal. that's the revision that d.b.i. wanted them to get to document how they actually done the foundation. so what happened was they had a set of plans on the main permit. they didn't do the foundation like that. they totally changed the design. they probably went a bit lower, and that caused them issues with the next-door neighbors. and i don't know how they'd done their work, but it wasn't in the normal manner. so add to the problem, everything was sand, so you're in the part of the city that's sand, so you know, you've got to be careful when you're doing this work. as i said, by that point, we're seven months later. i met these people that owned 846 second avenue several times. d.b.i. has facilitated meetings. i've gone to the site a few times.

their engineer is a really good engineer. he's be i've talked with him a couple of times. he's been in touch with us. they seem to want a design that we agree with, but there's nothing stopping that work. that has to be done on a separate permit on their property, not on 840 second avenue. it's probably about money. it's probably about what it is and what the damage was. there's something amiss. in my experience as a senior building inspector at d.b.i., we deal with undermining, underpinning. it's unfortunate, but there is a fix for it. they need to come together and figure out how much they're willing to pay to get that done. i think it has to do with how much. they can't agree on that. maybe that's the bigger issue, i believe.

and that's unfortunate because we have notices of violation on both properties. the 846 second avenue, you heard it, we called it a friendly n.o.v. we have to document the property on a notice of violation. it protects them in a way, as well. it's something that they may need if they ever go to a civil process. if this doesn't get resolved, we're looking -- it's an unsafe condition. now, it's not an imminent condition. if it was, their engineer should be coming up with some plans to stablize the building. but you know, at the same time, there is an issue and they need to fix it, and i think it's more to do with the parties not

getting together. on this permit under appeal, this permit was required by d.b.i., and it should have been done differently. what happened is the inspections -- when i went out there and saw the condition, obviously, my first question was who went out here from d.b.i.? who did the inspections. so when i went back to the office, i looked up the inspection history. i had to speak to the inspector, and i had to say, i just came from a property there. you did the inspection. the details on the drawings were not quite what they'd done. what happened? so what i was told is he's a pretty new inspector. we just hired him within the year. a very good inspector. what happened is he was shown an 8.5-by-11 detailed change, but unfortunately the inspector

should have asked for it to be on a revision. he wouldn't have allowed the work to proceed, and he would have taken into account, he should have taken into account any work on the adjacent property on the property line. it's sand, and you've got to get that addressed. the inspector has been spoken to by myself and chief building inspector, as well. these things do happen. there was a mistake made, but i don't think it calls for an investigation of the department, which was in the brief, which is a little bit annoying to read, especially given the fact that i've been there several times, been very responsive. matter of fact, i've e-mailed their engineer. many thanks to them for facilitating the meeting here today. i think the permit is needed. they just need to get together and figure that out.

it may end up in court, i don't know. >> joe, got several questions here. >> okay. >> commissioner honda: given the fact that the parties are not seeing eye to eye here, and it's probably going to go beyond this body, what is your recommendation because the house is already done? you know, at this point, i'm asking what do you think? >> well -- >> commissioner honda: i mean, granted, we make the decision. >> there's not -- the permit in my opinion was properly issued. it is in response to a notice of violation from d.b.i. it was part of our corrective action. they knew they had to get it. it was a corrective action that should have have been done at the time, and i think that this permit covers it. i haven't seen the plans. i've seen them way back, but i

haven't seen them as part of the brief. i don't think there were many. they weren't in the brief, but at this point, i think the permits okay. we are -- d.b.i. has to make a decision if we're going to sign off on the permits at 840 second avenue with all the work being done. as you heard, they're passing it over to their insurance company. i think they're trying to avoid that initially. it's going to drag on, but what i would say to the owners of

840 second avenue, this has happened before in san francisco. this is fixable. your engineer knows what the fix is. it's a matter of figuring out how much it is and get that resolved and get it done. the sooner, the better. >> commissioner honda: i agree. >> i think they're planning on doing rooms on the ground floor, so they're probably holding up progress on the work on their own probably. lazarovitz that was my questioquestio >> that was my question, the work that was done on the permit. >> i sympathize with them. this permit, i think, is properly issued, so -- at this point.

>> president hirsch: so mr. duffy, we finally have a case which we have been anticipating in my world at least for several years because most of the time, we have a case where the neighbor is a little bit proactive, and those next door door are going to undermine my foundation, and then, they appeal, and you reasure them through the inspection process that that simply is not going to happen, and we have modified the foundation and stuff like that. now we have one where it got approved. it was -- the permit was issued correctly. there was a -- there was a problem. i would like to ask you, because it's important, i think, for this body and for the appellant, in your view,

you stated in san francisco, this happens on a regular basis. it's unfortunate, it's sometimes unpreventible, but it does happen. here's the situation as i read it. it occurred. whether or not -- we have a property owner who is not educated or sophisticated -- this is not an insult, by the way -- me, too, by the way. here's a property owner, and they own their house. they're happy to own it. they don't know about what happens during construction on san francisco's sandy land. and suddenly, they wake up one day, and i wake up one day, and i look over there, and i say whoops, you know, my ceiling

fixture is separating from my ceiling. and i go gee, what's happening here, and then, i find out, etc., etc., etc. now, clearly, the -- clearly, it seems, that the fault is with the next door property developer who, i'm not going to call them negligent, but i will certainly find them responsible, that caused the undermining. what is a property owner to do? please identify what -- for the appellant, regardless of what we find tonight, please tell the appellant, based on a clear -- a problem which has clearly affected them that was the result of somebody's -- yeah. >> very, very good question. >> president hirsch: what was going to happen next? how would you advise them?

and because, you know, i want my ceiling fixed. >> i have actually given that advice already several times. >> president hirsch: for the record, please, so we know that the advice has been given and it's constructive advice. >> yeah. and i don't know if i'd use the word regular, on a regular basis. it does happen now and again, but i don't think it's regular. >> so when the main permit got initially issued, you've heard me say this many times, d.b.i. as part of the -- because there was excavation at the property line, there was notification -- structural notification was sent out by d.b.i. when the permit got issued. and at that time, that's a good time to ask the questions. and sometimes with all due -- people that don't understand construction and maybe they were told this isn't going to be a problem and forget about it, it's going to be fine. >> president hirsch: and they're nice guys, and they

don't want to create a problem for their neighbors. >> but that's your appeal period. that's your structural notification, come down and review the plans. obviously that didn't happen. but my advice is, if mr. king is still their engineer, get a detail drawn up as soon as possible and try to figure out a financial settlement with the neighbors to get this worked on. >> president hirsch: and do they have any responsibility to the -- if they don't choose to use the permit holder's contractor, even though the permit holder is offering their contractor, because obviously, i wouldn't use the contractor because they screwed up my house -- i'm speaking for me, not for them. do they have a choice to select the contractor, and is it in bounds for them to go to the permit holder and say thanks for offering to fix it, but i

don't have faith in your contractor. i want my own, and that's a reasonable claim? >> yes. we can't make them use the recommendation. that came up as part of the meeting at d.b.i. this is from memory at the meeting, is that the contractor that did the work next door was quoting, like, $30,000 to do this work at their property, and their contractor that they were going to use was $80,000, and there was $50,000 in the middle. so that's why they wanted to use one. they have to use what they're comfortable with and who they want to let in the property. we told them at d.b.i., we're not going to get involved in who they want to use. they were close to settling, but it went sideways. i don't want to read the

notification i gave them, but it contains plans to repair the condition at their property. >> president hirsch: and finally, given that there is interior damage, as would be expected in a settling house, this -- would the same hold true? would you -- they have no liability -- sorry. they have no responsibility to accept an offer from the permit holder. let me send my guy over, and he'll fix it just fine? they have the right to seek their own contractor and get subsidy to get the contractor to bring the property to the level of care that it was prior to the damage? >> yeah. i saw maybe four or five years ago, same thing. worse than this, actually. fractured sheet rock. the wall finishes, you could see movement. what d.b.i. want is a

structural engineer to come up with a report that remedies all of these problems, beginning from the bottom to the top, whatever they have to do, and he will come up with an action on a plan or a set of drawings, and that will collect the issue. sometimes they do agree on ongoing monitoring for a year or two to make sure there's no settlement, and we mentioned that to them. it lets you know that your building's stopped moving. >> president hirsch: and finally, the -- obviously, the appellant is apprehensive about their financial exposure. what should their fear about financial exposure be? should they expect to be fully compensated for the repair by the next-door neighbor who caused the damage? >> well, that's for the courts to decide.

if the insurance companies get involved, it's probably going to be involving lawyers, and that's probably for a judge to decide, but i'm sure, like everything in life, if you crash into someone's car, you're paying for it. it's coming down to the amount, and that's what it's going to be. if the insurance companies get involved -- >> commissioner honda: yeah, but what matters is who gets involved? >> president hirsch: yeah, but i think the public should be educated. it's my job to educate the public. i think it's important, our job, to educate the public, and get educated, too. >> thank you very much. >> commissioner honda: thank you. >> clerk: okay. is there any public comment on this item? okay. we'll now move on to rebuttal.

are you with the permit holder, sir? [inaudible] >> clerk: okay. we're going to use the rebuttal time. when it's time -- i'll let you know when it's time to come up, and you can just write your name on a speaker card. okay. so we will now hear from the appellants. thank you. >> thank you. thank you. appreciate it. >> clerk: thank you. >> there's been a lot of dialogue back and forth. yes, we're not experts with what's going on, but we're dealing with people here with deep pockets. we don't know what to do. we don't know what to do at this point, because we have a house that continues to settle. even with the temporary shoring up, we noticed a door -- it looks like -- we have kids that can walk underneath the door now. with the rain, we're afraid it's going to continue to settle. as far as the insurance calling you, hey, they're going to call you, they're going to call you.

three weeks from now, they're going to call you. we haven't gotten one single cent. we've paid $8,000 for engineers to come out and take a look at the place. it's not going anywhere. everything is like at a standstill. i know this is not a court, but like, a panel, get assurance from the other side whether that insurance is going to contact us so we can move forward with our lives here, so -- >> commissioner honda: are you done? so i've got one question. >> yes. >> commissioner honda: so the work started last year. what took so long to call the department of building inspections? >> we didn't know. we started noticed little cracking here and there, and then, when we decided my daughter -- we decided she's tired of living upstairs with us. >> commissioner honda: welcome to my world. >> we've got a daughter who wants to move from upstairs.

it was from one side all the way to the other side, and you can see basically the stairwell. >> commissioner honda: okay. thank you. thank you. >> clerk: thank you. >> thank you, ma'am. appreciate it. >> clerk: we will now hear from the permit holder. >> good evening. i'm new to this. >> commissioner honda: welcome. >> we do have a claim -- my name is alex mcdowell. we do have a claim. it's 14639. we are not here to rebut what is done to their property. i just want to tell you my version of what happened. you probably don't want to hear it, but in a perfect world, we were told about the issue. we all showed up with our engineer, our contractor, them, too, and i believe it might have been one of their contractors. with their engineer, dave cane,

who knows a lot about this, they came up with a fix. the two engineers worked together and came up with a fix. we just said we're going to fix it. we didn't stop any of that. we said we were ready to go. i mean, he was -- our contractor was ready to do it. he said one week, he'll be done. then it went sways. i don't know how. i left shaking hands, exchanging phone numbers, everything, and even to today, just walking in the door, they were saying hi. now, we want to make it right but when they came, and they switched around the price, and they were saying -- we were in mr. duffy's office with another gentleman, another senior inspector, and they offered to put a senior inspector on the job to look at it, we told them our contractor will do the work. we'll watch it. we'll take care of it and

everything, and they said no. and they came up with a crazy price -- i mean, our contractor does a lot of work for us. a lot of work for us. we were going to fix it. just like my daughter hit someone. backed it -- little damage to the car. i offered hey, what do you want? he wanted $1,000. i said hey, i'll write you a check for $1,000 to keep it off my insurance. that's what they were willing to do. they came with an exorbitant amount of money. not just one, then, they said the other side of the house is going the other way. i'm not an expert. the foundation has a problem here. we don't understand why you're giving us a bill for another 100,000, so it got to 200,000. we don't make that much money on these homes, nor does the contractor. the contractor says i'm going to have to turn it to my insurance, and that's what we

did. we tried to take care of it. mr. duffy was there, i was in the office. the lady was there. they seemed very reasonable, but then, i don't know. i don't know where it went. we wanted to take care of this issue. we're not running away from anything. we do a lot of projects in the city. >> clerk: thank you. >> commissioner honda: thank you. >> clerk: do you mind filling out a speaker card just so i get the spelling of your name correct for the minutes? mr. duffy, anything further? >> commissioners, joe duffy, d.b.i. just to follow up again on the 846 42 avenue property owner. if he's noticing further damage, he should contact his engineer immediately. part of the notice that was issued by d.b.i., after the

friendly notice of violation, we call it, did ask for obtain an evaluation report from licensed structural engineer. evaluation shall include immediate items to mitigate/correct issues of the current foundation. so their engineer is the person that should probably be advising them on what's needed to be done out there, if they think they're getting further damage to their property, so i wanted to add that. i'm happy to speak to them about that, and of course, we at d.b.i. will meet with the engineer and do whatever we need to do from a building and code point of view. i don't think i have anything else. >> commissioner honda: okay. thank you. >> clerk: thank you. commissioners, this matter's submitted. >> commissioner honda: i'll start. so sorry that you guys are having to go through these

issues. and evidently, if you're 100%, there's other issues there, as well. i think what's before us is really -- it's about the dollar amount, it's not about the necessarily work to get done. and being somewhat in the trades, looking at those numbers, i have my own opinion, as well. but unfortunately what's before us now is just the permit at hand. it's done and it needs to get executed. as you said, we are heading towards the rainy season. i would hope that, you know, you would work to -- to get your property in working order so that it does not have a further effect on your family or your home. but before us tonight is just if the permit is properly issued. i believe it has. i believe that there's been a lot of process on this particular property. so i would -- i would deny the

appeal on the grounds that the permit was properly issued. i guess that's my motion. >> clerk: okay. we have a motion from commissioner honda on to deny the appeal and uphold the permit on the basis it was properly appealed. on that motion -- [roll call] >> clerk: okay. so the appeal is denied. thank you. this concludes the hearing. gavel, president swig? [gavel]. >> clerk: thank you.

>> i strive not to be a success but more of being a valued person to the community. the day and day operations here at treasure island truth in family is pretty hectic. the island is comprised of approximately 500 acres, approximately 40 miles of sanitary sewer, not including the collection system. also monitor the sanitary sewer and collection system for maintenance purposes, and also respond to a sanitary sewer

overflows, as well as blockages, odor complaints. we work in an industry that the public looks at us, and they look at us hard in time. so we try to do our best, we try to cut down on incidents, the loss of power, cut down on the complaints, provide a vital service to the community, and we try to uphold that at all times. >> going above and beyond is default mode. he knows his duties, and he doesn't need to be prompts. he fulfills them. he looks for what needs to be done and just does it. he wants this place to be a nice place to live and work. he's not just thinking customer service, this is from a place of empathy. he genuinely wants things to work for everyone and that kind of caring, i admire that. i want to emulate that myself. that, to me is a leader.

>> i strive not to be a success but more of being a valued person to the community. the key is no man is an island. when anything actually happens, they don't look at one individual, they look at p.u.c. stepping in and getting the job done, and that's what we do. my name is dalton johnson, i'm the acting supervisor here at treasure island treatment plant.

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airport check out our oblige at tumbler dating.com >> ladies and gentlemen, friends, distinguished stakeholders, welcome to this historic sunnydale classic groundbreaking. [applause] >> we are honored to bring up our most distinguished guest, the leader of the city and county of franchise, please give a warm welcome to mayor london breed. [applause] >> mayor: good afternoon, sunnydale! are you here? [laughter] >> mayor: all right. i'm excited to be here today. i feel like i spend a lot of time here doing some amazing things. we know this is a long time coming.

and, in fact, i keep going back every time we come to any of our public housing locations -- i continue to go back to when i grew up in the western addition in plaza east, and there were 300 units there that were torn down and only 200 built. and all over the city, we brought forth a program, through the federal government, called "hope fix." you remember "hope fix" ran out of money, ran out of resources. and the people who were promised in places like sunnydale and all over the city, there was no support from the federal government to do that. and so at that time, gaff gavin newsom was governor, and they created "hope s.f.," and they were coming up with creative solutions and saying, you know what, we made a commitment. we need to follow through and we need to get this done for the residents of

sunnydale and batrail, and any other public housing that exists in san francisco. today is a day we're breaking ground on 126 units, and we would think that would be easy, but it hasn't been easy. and it took not only the community and the trust from the community to make this happen, it also took the resources, the process -- and don't get me started with the bureaucracy and the drama that exists with city government with trying to get an amazing project like this done. and so i'm really happy to be here today because it definitely took a village. but it is not just about rehabilitating or redoing or rebuilding the homes that people live in. it is about investing in this community. and looking at the fact that for so many decades, public housing residents have been treated, honestly, like second-class citizens in

san francisco, and not been provided with the resources that are necessary to make sure that as families grow in these communities, they thrive. just think about it. thank you, phil ginsburg burg, it looks beautiful over there. a safe, great place for people to swim. and part of this project, and what i am most excited about is boys and girls clubs, working with the developers, related and mercy housing, and they're not going to just help build a new place that will serve this community and serve families in this community with child care, basketball court, tutoring places and other things that are needed, they are investing their time in raising the dollars necessary to get this job done and do it right for the residents of sunnydale. and so we have come a long way, folks. i know it took almost supervisor cohen's entire

term to get here, but we are here, and i'm optimistic about the future. earlier this year, when i held my budget announcement right here, in sunnydale, in this location, i made a commitment to make sure that this community is not forgotten, and that we fulfill the promises that we made to not only redevelop it and provide unit opportunities, but one for one replacement, look at opportunities for people hoorays their kids, and their kids to have access to the affordable housing in their communities. making sure we're providing and bringing the resources, and, in fact, coming up soon in the next month, there will be a job fair and other things that many of the young people have expressed that they want in this community on a more consistent basis. so we've got a lot of catching up to do. but it starts with so many of the folks that you see here, who have made the commitment to continue to

invest and support this amazing community. and, yes, it is hot today. so we're going to try to keep these speeches short so that we can get on with the ceremony and the festivities and get on with breaking ground on what i know will be an amazing, amazing contribution to this community and the best is yet to come. all 775 units that exist in sunnydale, one of the largest developments of public housing in our city, will be a one for wuone replacement. the mistake that happened at plaza east will not happen here. and we will continue to do everything we can to maintain that trust, to maintain that support, to listen to this community and continue to make the investments so that this is no longer a forgotten community but a thriving community of families, of people who are just growing and loving one another, and really moving

our city forward in a positive direction. thank you all so much. with that -- you can clap. [applause] >> mayor: and with that, like i said, the way we get housing built is people who not only care about making the money from what they are making from these projects, but what are they doing to give back? what are they doing to hire from the community? what are they doing to invest in the community so that the impacts of what they do in building these infrastuctures has a sustainable impact for generations to come. i have to say that mercy housing and related have been invested in raising the dollars necessary so that we can build an amazing facility that this community wants. so at this time, i want to bring up phil witty from related, and doug shumaker

from mercy housing to say a few words. [applause] >> we flipped a coin, and i'm going first. so i want to first of all thank the mayor and all of her staff for the incredible work on this. as some of you know, this sunnydale project is an incredibly long process, longer than i think any of us would have wanted it to be. what is incredible about all of it is just elected official after elected official, you see two former supervisors here, current supervisors, past mayors -- just the dedication and commitment to this is unusual, i think, for anything else you see in government. it is wave after wave of people committing themselves to this. i want to do a few thank yous. we would like to thank our incredible architect, and the general contractors that are doing the work that the mayor described

earlier, the commitment to hiring and making sure that folks from this community get good jobs and career paths. i want to thank the staff from related, they've been our partner since the very beginning of this. couldn't ask for better partners on this. i want to thank the staff from o.c.d. i know we are sometimes less than easy to work with. it is a passion that we care about these projects as much as you do, and i think it has been a great partnership over the years. i want to give thanks to all of your hard work and dedication to this alongside our staff. and i want to thank a couple of groups of folks specifically. if the folks who work on the ground here at sunnydale, whether you're from mercy housing or any other organization, could take a moment to stand up. because this is much harder work than any of the rest of us do. and i just want to acknowledge you. [applause] [applause and cheering]

>> i am repeatedly amazed at people's commitment to work here and other locations like this, where it is not esee. easy. we're not giving you the most incredible new offices to work out of. and the conditions and other issues that have come with it are tough. i'm amazed by the commitment i see by the mercy staff, and i know the other staff from the boys and girls clubs and the "y" is equal. i want to just acknowledge that. we also have a great team of folks working on this from our development office, david fernandez, and other folks. i want to single out one person in particular, and that's rani dare. [applause and cheering] >> she is probably hiding, as usual. she doesn't seek the spotlight. i can tell you mercy

housing and related would not be here today celebrating this moment if it were not for her and her persistence. she deserves a tremendous amount of thanksp respect for the work she has done. and i want to bring up our partner, bill witty. people often ask me, what is a for-profit develop percent doing on this project? i think bill secretly wishes he ran a non-profit. bill? [applause and cheering] >> thank you. i won't comment on the last statement. but i will tell you what you just saw, when those folks stood up, is why we're here today, and why this is going to continue to be successful. because what doug and his team at mercy have done, led by rani, is not just

work on land use approvals and design and construction, but being out here with the residents, in the community, letting us know what the problems are, how we can respond, hopefully building some trust and credibility. so i also want to thank the residents for their patience, because it has been a long haul. but i hope you can see we're making progress. i will tell you, i said this at a meeting in clara's point last week, i've been working in and around public housing for 40 years. there is no mayor i've ever seen devote more attention to improving the lives of people in public housing than london breed. [applause and cheering] >> what it tells us -- going through these 10 years, and i was there at the beginning -- we've had the unwavering support of everybody who had an influence here. supervisor calia, currently supervisor walton, and we're blessed,

as san francisco is, with the leaders in affordable housing in the state, including scott weiner. maybe there is something in the water here, but it sure helps. i would lend my thanks, as doug mentioned, to the mayor's staff, theo has coordinated this, dan and his staff at mayor's office of housing, and everybody who worked on this. and finally to pick up on something the mayor said, doug and i and our teams are heavily involved in raising the money, with the help of phil ginsburg in the rec and parks department, to build a work class facility that we're calling the hub, that will have all of the services that will make this a community, and not just bricks and mortar. we're going to get this done. we're going to get the whole development done, and we're going to be with you for the long-term. thank you. [applause] >> thank you so much, bill. so briefly, before the pool party after this, we

have an incredible list of speakers. and my only job is to keep you on time. it is hot, you're a distinguished group. we have in many ways the most important speaker to come first, a resident, a mom, a leader of this community. i welcome ms. betty hunter. [applause and cheering] >> hello, and good afternoon. good afternoon, everyone. my name is betty hunter. i'm 28 years old, and i'm a san francisco native. i've been living in sunnydale since 2011. growing up in san francisco, east/south districts, has not been easy. my parents were both addicted to drugs, and there was not much normalcy in my life. but with the help of my family members, they created some, and were very supportive. since i have become a mother, i have tried to instill the same values, support, and structure in my child's life.