infeasible for then in 2017, the city provided notice to local and state organizations as an opportunity for affordable housing development with no response. under the direction of then mayor ed lee, the city was invited to participate in a global net zero energy develop a program hosted by the sea 40 climate city leadership group known as reinventing cities. the city included the subject properties and to the competition. the city received three strong proposals for the use of this property in may have 2018. and a team of ten experts including some in the city and some outside of the city, including architects and housing experts rated the proposals in the spring of this year. following a subsequent vetting of the two remaining highest ranking proposals, before you is the final recommendation for reward of an exclusive negotiating agreement.

the most responsive bidder is a team led by the kelsey's, supported by mercy housing on the architectural firm. their proposal is to develop 102 units of affordable inclusively designed rental housing on the site in a building of six stories over basement that would be no heavy vicki akil are parking bikes. twenty-one of those units will be set aside for the disabled which would be a substantial increase of new construction, affordable units tailored specifically to the disabled community. fifty-one of the units would be priced for occupants at no more than 100% of ami, 30 units at 80, and ten for disabled only at 50% and 11 for disabled only at 13. the unit mix would be 90 studios , five one, five two-bedrooms. in addition to the inclusive housing for the disabled which

is the kelsey's founding mission, staff supports this project due to the extreme affordability levels achieved, the integrated garden design and as well as seeing all the energy and sustainability targets which was the focus of the global competition. laying out the milestones to ensure the proposal remains fiscally viable while the project enters the entitlement phase. the proposal assumes no initial funding from the city and anticipates the use of our standard long-term ground lease we deploy routinely for affordable housing projects. the negotiation term of the ena is 45 months. during which the development team must meet the community outreach design, entitlements and fundraising goals as stated in the agreement. if they remain in conformance to have the opportunity to secure ground lease from the city. that ground lease will come before the board, and the mayor for approval. i will be prior to two advancing

the project. the current for late 2023. if you have any questions i am a from the kelsey. >> could we have the bla report please? >> the proposed resolution would approve an exclusive negotiating agreement between the city mercy housing for surplus city property on grove street and van ness avenue. we are reporting on this because the negotiating agreement does set the rent for the future ground lease which is subject to board approval of 15,000 per year. considering this to be low market rent. it is consistent with the city policy to have ground lease set in these terms. we will be reporting further on this project when it comes forward for the actual ground lease including any kind of city

finance that might be added to the project. we recommend approval of this resolution. >> thank you very much. >> if it comes back to final approval for the ground lease, at a later date, is that the term that at 15,000? so we are being made aware of what the ground leases being proposed that we still have to prove it at a later date gulf that is correct. >> okay, i happen to, two nights before this made public i happened to bump into a family that was talking about what the city was doing on behalf of the disabled community and what we could do to build more housing and more accessible housing. i was really encouraged and excited to see this announcement made public right after that.

make sure to refer them to this. obviously it is a few years out. i think the location has been sitting there for some time. what a wonderful way to provide something for a community that is completely, almost invisible even in the affordable housing world, right? we have very little of the housing. i think there is one site south of market. to have this in an area on civic center that is accessible to many different things in transportation as well as a seat of government, i think is a i'm really hopeful that everything will be done to expedite this process. we appreciate the department of real estate putting this offer proposal and negotiating good faith in them mercy and kelsey coming forward with a great proposal. hopefully we will be able to realize this very quickly. >> thank you very much. let's open this up for public comment. any members of the public like

to comment on item number four? public comment is i would like to make a motion to move this to the board with a positive recommendation. thank you very much. madame clerk can you please call item number five. >> item five, 191110. resolution retroactively authorizing the department of public health to accept and expend a grant in the amount of $350,000 from the san francisco public health foundation to participate in a program, entitled "california community reinvestment grants program," for the period of october 1, 2019, through september 30, 2021. >> thank you very much. >> thank you. this is a grant program that applies partnership with the san francisco public health foundation a total of a two-year grant for $650,000. $300,000 will go to the san francisco public health foundation and grin of $50,000 to the department of public health. the population this will serve

is the present rancheria population and in partnership with transitions clinic network. they are both here to answer any questions you might have. the source of original funding from this is in california, the adult use of marijuana act, proposition 54 passed in november of 2016. it created the program to provide local communities that were heavily impacted by the war on drugs with grants reinvestment program to help those communities. the funding is the cannabis and tax excised revenue. the program is building on existing partnership between the clinic network, the san francisco department of public health. who has long supported this programming. the funding will allow the department of public health to hire. for approximately 200 transition

clinics in new and existing clients. they will recruit new patients within 12 months are released from state or federal prison through the transitions clinic behavioral care and health worker services. the project funding at the san francisco public health foundation, $300,000 over two years will provide or allow the establish of the community advisory board rancheria wellness group. job support such as 100-dollar muni cards. as well as finding some of the admin straight of overhead. as a department we would use the three and a $50,000 to fund 1.0 full time social worker and this would be a temporary exam position. there would also be about $1,400 for reprocessing training for those clinical social workers. 17% indirect rate.

please let us know if you have any questions or would like further information. >> no bla report on this? any questions or comments by colleagues? seeing him. any public comments on? seeing him. i would like to move this to the bar with a positive recommendation. we can take that without objections. madame clerk any other business before us today? >> i would like to correct the statement that i made earlier, at the beginning of the meeting. items acted upon today will appear on the december 10 board of supervisors meeting, not december 3. no further business. >> thank you very much. we are adjourned.

>> hi. my name is carmen chiu, san francisco's elected assessor. buying your first home is a big deal. for many of us, it's the single largest asset that we'll own. that's why it's really important to plan ahead for property taxes so that there are no surprises. a typical question new homeowners ask is what is a supplemental tax. so understand supplemental tax, we need to start with proposition 13. under california's prop 13 law,

the value we use to calculate your property tax is limited to a 2% growth peryear, but when ownership changes, prop 13 requires that we set a properties assessed value to market value. the difference in value between the previous owner's value and the new value is the supplemental assessment. how does the supplemental assessment translate to the tax you need to pay? supplemental tax is calculated by applying the tax rate to the value and then prorating it for the amount of time that you owned it in that tax year. in generale, the tax rate is roughly 1%. let's walk-through an example together. here dan is the original owner of a home with a prop 13 protected value of $400,000. with a tax rate of 1%, he pays $4,000. dan sells his home to jennie at a market rate of $700,000. in this case, jennie's home will be reassessed to $700,000,

and jennie is responsible for paying property taxes at that level from the time she first owns it. many times, people might have already paid their property taxes in full by the time they sell their home. in that case, dan has paid $4,000 in taxes already for the full year. jennie would likely payback dan through escrow for her share of the $4,000, depending on the proportion of the tax year she owns the home. however, she's also responsible for paying taxes at the higher market value from when she begins to own the home. how does that work? let's say jennie owns the property for nine months of the first tax year, which is approximately 75% of the year. during the escrow process, she'd pay dan back 75% of the $4,000 he already paid, which is $3,000. on top of that, she would owe taxes at the higher rate for the proportion of the year she owned the house. in this case, she owes the

amount not already billed through dan or $700,000 minus $400,000, multiplied by a tax rate of 1%, and multiplied again by 75% to reflect the time she owned the home in that tax year. here, jennie's supplemental tax is roughly $2,250. going forward, jennie will be billed at her new reset prop 13 value. are you still with us? if this isn't complicated enough, some new owners might receive two supplemental tax bills, and this has to do with the date that you transfer property. but before we get to that, you first need to understand two concepts. first, what is a fiscal year? in california, local government runs on a fiscal year. unlike the calendar year, where the year begins on january 1, a fiscal year begins in the middle of the year, on july 1. property tax follows the fiscal

year cycle. second, state law requires property be valued as of january 1 every year, in other words, new year's day. the value as of january 1 is used to calculate property taxes for the upcoming fiscal year. this means property value as of january 1, 2018 will be usedtor fiscal year 18 -- used for fiscal year 18-19 covering july 2018 through june 2019. similarly, the value of january 1, 2019 will be used for the fiscal year covering july 2019 through june 2020. now back to whether you should expect to receive one or two supplemental tax bills. the rule of thumb is that if the property transfers happens in the first half of the fiscal year, in other words between july and december, then you should expect only one supplemental tax fill. if the transfer happens in the second half of the fiscal year or between january and june,

you should expect two supplemental tax bills. here's the reason why. using dan and jennie's example again, dan's $400,000 value as of january 1 is used to set the tax bill for the following fiscal year beginning july through june of the next year. jennie buys the property from dan in october. the taxable value is reset to $700,000 as of october, but the bill issued still reflects dan's lower value. in this case, jennie would expect to receive one supplemental or catch-up bill to capture the difference between her assessed value and began's fr began's -- dan's from october through june. because of january 1 we already know of the sale, we would have used the following year to set jennie's property taxes and no other supplemental bill should be received. however, if dan sells the property to jennie in march, instead, jennie should expect two supplemental bills.

like before, jennie would receive one supplemental bill to cover the time in which she owned the home in the current tax year from march to june. but because as of the next january used to set the tax base for the following tax year, dan still owned the home, the following year's entire bill still reflects the values not updated for jennie. in this instance, jennie receives a second supplemental for the following year covering july through june. after the supplemental tax bills, new owners should receive only one regular tax bill peryear going forward. remember our office values the properties, but billing and collections are handled by another organization called the treasurer and tax collector's office. if you'd like to learn more, please visit our website at sfassessor.org. thank you for watching. . >> working for the city and

county of san francisco will immerse you in a vibrate and dynamic city on sfroert of the art and social change we've been on the edge after all we're at the meeting of land and sea world-class style it is the burn of blew jeans where the rock holds court over the harbor the city's information technology xoflz work on the rulers project for free wifi and developing projects and insuring patient state of at san francisco general hospital our it professionals make guilty or innocent available and support the house/senate regional wear-out system your our employees joy excessive salaries

but working for the city and county of san francisco give us employees the unities to contribute their ideas and energy and commitment to shape the city's future but for considering a career with the city and county of san francisco shop and dine on the 49 promotes local businesses and challenges residents to do shopping and dining within the 49 square miles of san francisco by supporting local services within neighborhood. we help san francisco remain unique, successful and vibrant. where will you shop and dine in the 49? san francisco owes the charm to the unique character of the neighborhood comer hall district. each corridor has its own personality. our neighborhoods are the engine

of the city. >> you are putting money and support back to the community you live in and you are helping small businesses grow. >> it is more environmentally friendly. >> shopping local is very important. i have had relationships with my local growers for 30 years. by shopping here and supporting us locally, you are also supporting the growers of the flowers, they are fresh and they have a price point that is not imported. it is really good for everybody. >> shopping locally is crucial. without that support, small business can't survive, and if we lose small business, that diversity goes away, and, you

know, it would be a shame to see that become a thing of the past. >> it is important to dine and shop locally. it allows us to maintain traditions. it makes the neighborhood. >> i think san francisco should shop local as much as they can. the retail marketplace is changes. we are trying to have people on the floor who can talk to you and help you with products you are interested in buying, and help you with exploration to try things you have never had before. >> the fish business, you think it is a piece of fish and fisherman. there are a lot of people working in the fish business, between wholesalers and fishermen and bait and tackle.

at the retail end, we about a lot of people and it is good for everybody. >> shopping and dining locally is so important to the community because it brings a tighter fabric to the community and allows the business owners to thrive in the community. we see more small businesses going away. we need to shop locally to keep the small business alive in san francisco. >> shop and dine in the 49 is a cool initiative. you can see the banners in the streets around town. it is great. anything that can showcase and legitimize small businesses is a wonderful thing.

>> my name tom hewitt. first of all, i would like to welcome everyone to come to this fair. this safety fair, we trying to educate the public regarding how to prepare themselves during and after the earthquake and then to protect themselves for next 72 hours. >> hi. my name's ed sweeney. i'm the director of services at department of building inspection, and we put together a great fair for the city of san francisco to come down and meet all the experts. we've got engineers, architects. we have builders, we have government agencies. >> well, we have four specific

workshops. we have the accessible business entrance. >> my name is leah, and i am the assistant manager with the department of small business. i am leading the new accessibility ordinance that helps existing owners better comply with existing access laws. so all buildings that have places of public accommodation in san francisco, they must comply with this ordinance. >> the a.d.e. was setup by the board of supervisors, and the ordinance was passed about a year ago. >> one of the biggest updates that we have is that the deadlines were extended, so all of the deadlines were extended by six months. >> and it's really to help the public, the business community to be specific, to cut down on the amount of drive by lawsuits. >> so on this workshop, we're

going to be covering what the compliance looks like, what business examiand property owne need to know how to comply with the ordinance. we'll also talk about the departments that are involved, including the office of small business, department of building inspection, planning department, as well as the mayor's office on disability. >> hi. i'm marselle, and i manage a team at the building department. today, we'll cover the meaning of a.d.u.s, more commonly known as accessory dwelling units. we'll talk about the code and permitting processes, and we'll also talk about legalizing existing dwelling units that are currently unwarranted. >> this is the department of building inspection's

residential remodelling workshop. my name is senior electrical inspector cheryl rose, and at this workshop, we're going to be answering questions such as do i need an electrical permit when i'm upgrading my dwelling, when do i need to have planning involved in a residential remodel, and what's involved with the coerce process? we're going to also be reviewing inspection process, and the permitting process for residential remodel in san francisco. there's always questions that need answers. it's a mystery to the general public what goes on in construction, and the more we can clarify the process, the more involved the consumer can be and feel comfortable with the contractors they're working with and the product they're getting in the results. if you have questions that aren't addressed in this workshop, you're always welcome to come up to the third floor of

1660 mission street, and we're happy to discuss it with you and find out what you need to do. >> the program is very successful. the last piece is already 60% in compliance. >> well, we have a very important day coming up. it's sept 15. last four has to be compliance, which means that the level four people that have to register with us and give us a basic indication of how they're going to deal with their seismic issues on their building. >> i'm francis zamora, and i'm with the san francisco department of emergency management, and today we talked about how to prepare for emergencies in san francisco. and so that's really importantiimportant. in san francisco, it's no secret. we live in earthquake country.

there's a big chance we will be involved in a major earthquake in the next 30 years, but we don't have to be afraid. these are going to be your first responders outside of the police officers, paramedics, first responders, these are going to be the people that come to your aid first. by getting to know your neighbors, you're going to know who needs help and who can help in case of an emergency. one of the great ways to do that is for signing7for nert, san francisco neighborhood emergency response team. it teaches you how to take care of yourself, your loved ones, and your neighborhood in the case of an emergency. information is just as important as water and food in an emergency. san francisco has an emergency text message alert system, called text sf. if there's some kind of an emergency happening in san francisco or your neighborhood, it could be a police action, a big fire, a tsunami or an

earthquake. all you have to do is text your citizenship code to 888777, and your mobile phone is automatically registered for alert sf. >> my name is fernando juarez, and i'm a fire captain with the san francisco fire department. we have a hire extinguisher training system. you want to pull the pin, stand at least 8 feet away, aim it at the base. if you're too close, the conical laser that comes out, it's too small, and the fire won't go out on the screen. if you step back, the conical shape on the screen is bigger, and it will take the fire go out faster.

so it can tell when you're too close. >> my name is alicia wu, and i'm the director of a san francisco based nonprofit. since 2015, we go out to the public, to the community and provide training in different topics. today we're doing c.p.r., controlling external feeding and how to do perfect communications in each topic, and also, i hope that they can bring it home and start gathering all the supplies for themselves to. >> on any given day in san francisco, we're very well resourced in terms of public safety professionals, but we all know in the event of a large scale disaster, it will be hours and days before the public safety professionals can get to you, so we encourage people to have that plan in place, be

proactive. there's websites. we have a wonderful website called 72hours.org. it tells you how to prepare yourself, your family, your pets, your home, your workplace. we can't emphasize enough how >> good morning. today is wednesday, november 20, 2019. this is the regular meeting of the abatement appeals board.

please turnoff all electronic devices. first item on the agenda is roll call. (roll call). >> we have a quorum. next is item b. the oath. will all parties giving testimony today please stand and raise your right hand. you may be seated. for your information, i want to let everyone know the department will present the case first, then appellant. each side has seven minutes. next is public comments with three members each to speak.

lastly rebuttal for three minutes for the department then appellant. c approval of minutes, discussion and possible action to adopt the minutes for a meeting held on october 16, 2019. >> move to approve. >> second. >> is there any public comment on the minutes? seeing none are all in favor? aye. any opposed. minutes approved. >> item d. continued new appeals. board of abatement. 6867. 109-113 pierce street. action asked by applelant complaint 201-88-9001 to be returned to staff and cancel the notice of abatement. would the department like to

come forward? >> good morning, chief housing inspector. we are here again after the case last month was continued. i spent some time looking at the tape, and i want to thank all of the commissioners for their very thoughtful comments on that case last month. i would like to introduce senior housing inspector lopez. >> i want to interrupt everyone. commissioner do you want to change the timing since this is continued or leave it the same? >> no, it will continue the same. >> good morning. the complaint was received on august 29, 2018 regarding the dangerous conditions resulting from the maintenance,

deteriorated stairway and structural issues. the building was first inspected on august 29, 2019, and a notice of violation number 2018-89001 was issued for serious housing violations. today this will be hearing number five of the process trying to get compliance with the violations. >> our housing inspector was there this week, and he took photos. everything is the same. we haven't seen any progress towards any violations being corrected. at the last hearing, the landlord llc had their very talented attorney, ryan patterson, who is here today,

and i have to say i was very blown away really by the very compelling argument that mr. patterson made last time. his firm is really, i would say the top firm in what they do in the city here. they looked at access to the units, and they made that into something that would make one for the tenant had not been cooperative in getting these violations addressed. in the normal procedure that we use if someone is denying access, that means they are not opening the door up, nobody can come in to look at it and make the repair. that is not the case here. the tenant has cooperated, opened the door. what the landlord llc is hoping

for is a vacating of the premises. that is much different than gaining access to the unit. my compliments for recasting some of that language, but buti felt it was important to make that distinction. also, we received a surprising offer from the landlord llc to buy a unit, give it to the tent, making the owner the owner of a new condo. that seems a little out of proportion. i have never really seen that before. that is a lot of expensive to abate an nov with repairs other contractors are able to do with the tenant living in the unit. we see that every day here in the city. i will keep it brief. we saw a lot of the stuff last

time. photos and everything, and i will let the appellant have his say. thank you. >> thank you. >> good morning. ryan patterson for the appellant property owner. thank you for your time today. we were last before you on october 16th. as a quick recap of where we are and how we got here, my client, the property owner, recently purchased this building, obtained permits for major repair work for the building and hired a contractor and did as much as possible while the tenants were in possession of their unit. the contractor has said they can go no further. the work as you saw in the plans last time is quite extensive. the contractor is not willing to do more work while the tenants are in possession of the unit.

the tenants, as i suspect they will comment during public comment. we have had back and forth. your direction with the continuance last month, we did make a real effort to try to find resolution here. we tarped the roof to prevent leaks when the rains come, but the bigger issues have yet to be resolved. i would like to pass out a letter which i think you have in your packet, but just in case if you would distribute those. thank you. there is an offer on the table to the tenants which is, i think, extremely generous. my clients have offered to purchase a condo for the tenant and her family to live in. the san francisco condo purchase -- built in 2002, relatively new

unit. three bedrooms, two bathrooms, three private patios, granite countertops, new refridgerrator and dishwasher and accessible to disabled people. to chair fe clarify, ownership t be given to the tenant. she would be allowed to live there. it would be hers to live in as long as she wanted to. what is the rent be? the answer is my clients are willing to offer $100,000 of rental assistance to them to cover the time period while they obtain section 8 rental assistance or other public assistance to make this agreement pencil out so they can afford to purchase a condo like this for them. again, i think this is extremely generous.

unfortunately, the tenant did a tour of the unit and said she didn't like it. we don't know why. i have just now received a letter from her attorney. it sounds like maybe they didn't understand the offer somehow, but that is the offer. i don't know if the unit is even still available at this point. we would like to reach an agreement here. i think that is showing good faith to find something in san francisco that would work well for her and her family. i will say again, i think it is deeply wrong to issue an order of abatement where the owners are doing everything possible to obtain permits to start work and they can't go further. there is not more they can do when the tenants are in this position. as a further show of good faith to find resolution, my firm has taken over the landlord tenant's portion of this case and

dismissed the unlawful detainer eviction lawsuit against these tenanteds. i think we are at a point of trying to hit reset on where we are and trying to find some outcome that will work. i would love it if the tenants would come to the table. i continue to extend that offer. her attorney has mentioned in the letter that i just received we had mediation, which is true, and i don't think i talked about that last time because it is confidential. he put that in the record, and we would be happy to return to mediation. so far it continues to be difficult to find what they are looking for and where we can find agreement there. in the meantime we request that you don't issue this order of abatement. if anything, it will interfere

with our ability to obtain construction financing to make the repairs the city is ordering them to do. thank you very much. happy to answer any questions. thank you. >> commissioner walker. >> this might be to a collective ask. regarding the issues before us which are the items that received a notice of violation and/or der derf abatement. maybe the department could answer. what is to be done. i would like to know that. >> they are all outstanding. >> nothing has been done? >> if owner's representative can speak to that. >> what has been done, the big

safety item was the rear stairs. i made temporary repair to the stairs. they need to be torn down. the immediate danger is fixed on that. as far as other bandaids. i put a tarp on the roof, but the remainder of the work so there are items, the windows don't open. i can't fix the bi the windows i jack up the house. the building is lifted over. it needs to be lifted up. that is the work the contractors are not willing to do with the building being occupied. the mold and paint, again, i can't just go in there and put a coat of paint over it. it may get it off the list, but it is not doing anybody any good. it may get it off the notice of violation. it is not fixing the problem.

>> what about the building leaning. is that a notice of violation. >> it is not on the notice of violation, no. >> who decided that? >> who decided that, no our department? >> our building inspectors looked at this? >> yes. >> they didn't give you a violation. >> there is another notice on the building saying the house is essentially uninhabitable due to the rear stairs. >> they were fixed? >> temporarily fixed. severe lack of maintenance and water in truce iwater in trusio. >> i would invite commissioners to view the property. it is in a sad state of affairs.

>> that not before us. we have a solution that deals with stuff that isn't part of the notice of violation. that is my challenge is that we have somebody living in uninhabittable conditions that are fixable with her in the building. certainly fixable to where she could come back after the items were fix and what we see is that you sort of want to rebuild the whole building. >> as i understand it there are deeper problems. for example, one issue is mold on the wall. yes, they could go with a brush and scrub the mold off. the cause is deeper problem goes with in the walls. they need to open that up and repair the underlying problem. >> why isn't the tenant coming back in that is what i don't understand. it seems what we are looking at as far as notice of violations doesn't justify evicting

somebody. i am just asking why that isn't happening? >> well, eviction. >> it is not our purview but interfering with our ability to look at this. you are giving us way more work as a solution to a smaller defined issue for us. >> the work that we are talking about cannot be done with the tenanteds in the unit. >> housing inspectors say different. the work you want be to do is a solution to the notices of violation maybe. >> fixing the underlying problems will inquiry location, and that doesn't have to be by eviction. ideally we would reach an agreement with the tenants for them to vacate the unit so the work can be done. >> and come back, vacant as

opposed to eviction. define the difference. >> eviction is a legal process to regain possession of a unit. moving out is a physical process of leaving and not being there. that can be done voluntarily by agreement or it can be done through a legal process. again, i would hope to find away for that to work out voluntari voluntarily. >> i see that you have attempted to, and i feel like, now, others can sort of -- it seems like you are going far to try to locate this person somewhere else. again, that is sort of at the issue somewhat getting in the way of what we are looking at. >> how many units in the

building? >> three units. >> the other two are renovated? >> the other two are vacant and have interior finishes demolished. that is the work we have done that is as far as we can go with getting the finishes off-the-wall with leveling the building. >> where are those tenants? >> those units were vacant when it was purchased. >> question. you are a contractor and you say that you have put tarps on the roof. >> that's correct. >> when i read the transcript of the last meeting over again, mre done as much work as possible while tenant occupied, everything that can be abated in the situation. later mr. fisher speaking for

ms. long emphasized the first point that the need to stabilize the leaking roof was one of the primary considerations that they had so, you know, i am trying to think as a homeowner myself, what does it take to fix a leaking roof? sometimes if it is a relatively new roof you can just repair it. it sounds like you are doing almost gut renovation on the building. i would have to think that replacing a roof is somewhere in your calendar of work for this, is that correct? >> yes, sir. again, what needs to happen because the building is falling over, leaning over, the dutch gutters between the buildings need to be cut and the building needs raised before the roof is replaced. we need to level the building

before anything can happen, and the contractors that i am going to hire to do the work will not do the work with the tenant occupying the unit. >> roofing work could not proceed? >> correct. >> thank you. i just have and this is one question. is there going to be representing the tenant talking today in public comment? >> we still have public comment. >> that will be through public comment, right? >> yes. >> maybe i will hold my comments until i hear that. i have questions related to construction and so on to help me understand a little bit more. thank you. >> thank you. we have public comment on this item.

>> good morning. i am tom from legal assistance to the elderly. i am representing ms. long in the eviction action which i am surprised to find out is dismissed. we are happy about that. i want to state for the record and for mr. patterson, we are always willing to talk about settlement in any cases. very few cases go to trial. we usually settle. i have the personal cell number and chat with him in vacation on hawaii. we were not informed of a hard definite time limited offer. that is not how it was approached to us. as you can see in my written statement, we can talk outside of there, mr. patterson about resolving the ten and see --

tenant issues. what is before the board is a situation where they got a notice of violation in august of 2018, and a year and a few months later they put a tarp on the roof. this could have been fixed a year ago. when you are looking at mold in the upper floor and you have a leaky roof one of the first things to look at is fix the roof to take care of the water in truce which leads to mold. other units are ready to renovate. they haven't gone there. what they want to do is have msd from the building. the reason is they want to substantially rehabilitate the building. they don't want to do repair work in the notice of violation. they want to rebuild the entire building, which will take them out of the rent ordinance. when they are done with the substantial rehabilitation,

ms. long will not have the right to return and the building will no longer be rent controlled. it will have a new certificate of occupancy and brand-new and exempt from rent control. that is the big picture what is going on. that is why they have refused to follow the law for the last year. they put so much time and energy into fighting the notice of violation instead of just doing the work. i want to point out a few things the owner said that raised a flag with me. he spoke about the contractors he is willing to hire. every single person that has testified -- because mr. patterson told you what other contractors said and the owners said what contractors said. the inspectors said the work can be done with the tenant in place. the owner is not willing to hire the contractors who are willing to do the work. that is all my comment. thank you very much. >> i have a question.

so there has been no mediation where the offer we are looking at you didn't look at an apartment or any of that? what is the status of that? i am trying to facilitate. >> the mediation, as mr. patterson was a little wrong. the terms of what was discussed is confidential. the fact it took place is not. it did take plays with the other council that was in september. that was prior to the last hearing in october. i won't talk about the terms. we are willing to mediate. we did not receive the actual offer mr. patterson is discussing in his letter as a definite offer with any monetary terms or move-out terms. i was told there is a place

available we might be able to move her in there. will she go out and look at it? she didn't go out the next day because she was sick. she went out two days later and viewed the place and came back and was interested in moving and talking, but the place didn't fit all of her needs for her family. there are five of them. disabled daughter, daughter's husband and son and grandson all live together. i told mr. zacks we are willing to discuss this concept. send me more details with the actual offer and have the broker or who is finding a place talk to ms. long directly instead of going through the lawyers. you decide what your needs are for your family and that kind of thing. very few people decide to move

on two days' notice having seen one place. >> you mentioned by doing the work it takes the building out of rent control? >> correct. >> is that true that it is no longer rent controlled or is it just that the costs -- it comes up to market rate now under rent control. i want to get clear about that in my head. >> two steps. one, a vacant building and you do a certain amount of work and you take that work to the rent board and ask for the building to be de-controlled. you have done the substantial rehabilitation and be the benchmark is 75% of market value into the work. the first part of the step process, which and i will just say i have never seen one of these types of evictions in 27 years in san francisco. it is 37.9 a 12 of the rent

ordinance to evict the tenant for substantial rehabilitation. most are the a-11 where they ask the tenant to move out three months then sometimes they get permission longer. this is a permanent eviction. the tenants are permanently gone and when the certification is finished at the rent board. that can take a long time. you have to finish the work first. >> is the difference between a 12 and a11 a timeframe? the main difference is the right to return. >> not by definition if the rehabtakes over x number of months or something like that? >> no a 11 is moved out for capital improvements, right to

return. a12 eviction they get relocation payments. the eviction is permanent. >> thank you. i mean i want be to reiterate we are looking at notice of violation, but it is often the case in things that we look at where more -- if there is mold, there is dry rot. those things are true. >> there is a broader context here. >> it is where they are headed, and i appreciate you coming and helping. >> i am happy to answer any other questions. >> thank you. i appreciate you coming here today. it is very helpful for us. i don't know if you had a chance to watch the hearing last month. >> i have gone over it. i didn't go into detail orally but in my letter to the board.

>> i think the ultimate goal was to find resolve what we saw as a dispute between landlord and tenant and try to come to a fair and equitable resolution so that our process to uphold this abatement of the application for permit to improve the building. i am definitely of the mind set this home is not habitable to do the work to get it done to make it up to standards. that is just i feel that we should really stop pretending this could be done with people living in the building, especially a woman with special needs and child with special needs. what if goal here was to try to see if there was a solution. the solution offered up here.

we really commend the offer. it seems generous in the level of the way it was offered. however, it is obvious it is not suitable to your client, is that correct? >> no that is not correct. we have not rejected the offer. that is not correct. we have not received the actual offer. it was never made known to us these are terms. i was told have your client go look at this place, and she did. it wasn't really suitable for her family. i responded by saying let her talk to whoever is finding this place for you and the way anybody would when they are looking for a new place and there is a broker involved you tell the broker what you are looking for, obviously, they should know what ms. long's needs are before they just pluck something. she is totally willing