necessarily necessary. >> we are here to answer any questions you might have about a settlement with one of theopeioid manufactures and if you have questions about that settlement we are happy to go into closed session to address those and if not you are certainly welcome to act on the matter without going into close session. >> thank you so much deputy city attorney pierson. does anyone have questions or anything on the settlement? seeing there are no questions, madam clerk can you please call public comment on item number 58? >> yes, at this time the board welcomes testimony on the committee of the whole regarding a lawsuit involving endo health solutions. i dont see anyone in the chamber so we will-i understand through mr. atkins there are 2 members of the public who are

listening. if you would get into the queue press star 3 we'll give you a moment to do that. i'll just provide the telephone number quickly, 415-655-0001 meeting id24816988710. we are setting the timer for 1 minute. mr. atkins do we have anyone place themselves into the queue please? >> madam clerk, there are no callers in the queue. >> alright. thank you very much. mr. president. >> thank you, public comment on this item is now closed. with that said, supervisor preston. >> thank you president walton. i just want to thank the city attorney's office for being in close contact with us on this. obviously unusual these things go first to gao and get reviewed and appreciate city attorney office communicating

with us and the president to make sure that this can be heard in a timely fashion through this committee as a whole. thank you. >> thank you supervisor preston. supervisor ronen. >> i want to thank the city attorney office for your extraordinary work. thank you very much. really proud. >> thank you supervisor ronen. this hearing has been heard and filed. madam clerk, would you call the roll for item number 60? >> on item 60. [roll call]

there are 11 ayes. >> thank you and without objection this ordinance is passed on first reading. madam clerk, do we have any imperative agenda items? >> mr. president, just for the record we are going to ipdicate the board opted not to go into closed session. >> correct rsh we did not have to go into closed session because there were no matters to discuss. >> very good. >> thank you madam clerk. >> uh-huh. >> do we have imperative agenda items? >> there are no imperative iletms to report. >> any in memoriams. >> no in memoriams. >> any further business? >> that concludes the business for today. >> thank you. remember your education cannot be repossessed. the meeting is

adjourned. [meeting adjourned] abatement appeals. mute yourself if you are not speak the first item is roll call. >> president tam. >> here. >> here.

>> vice president eppler. >> here. >> commissioner alexander-tut. >> here >> commissioner bito. >> here. >> commissioner neuman. >> here. >> commissioner sommer. >> here. >> the we have i quorum item b the oath will all parties giving testimony stand and raise your right hand. >> do you swear the testimony you are about to give is the trouth to the best of your knowledge. >> thank you. you may be seated. >> and the next our land acknowledgment. ramaytush ohlone land acknowledgement the abatement appeals board acknowledges that we are on the unceded ancestral homeland of the ramaytush ohlone, who are the original inhabitants of the san francisco peninsula. as the indigenous stewards of this land and in accordance with their traditions, the ramaytush ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place,

as well as for all peoples who reside in their traditional territory. as guests, we recognize that we benefit from living and working on their traditional homeland. we wish to pay our respects by acknowledging the ancestors, elders, and relatives of the ramaytush ohlone community and by affirming their sovereign rights as first peoples. >> this evening for members of the public who are arc tending remote public comment number is 415-655-0001 access code: 2496 665 8212 >> raise your hand for public comment press star 3 when prompted. >> also -- for those in attendance, regarding the proceedings for today the department the present the case first then the appellate, each

side has 7 millions to present. next there is public comment approximate member vs 3 minutes each to speak. lastly, rebuttal time of 3 minutes for the department then the appellate. the next is item b findings to have teleconference under code 54953e. commissioners in favor of conditioning with this. >> any opposed. >> thank you. we are all in favor of continuing this. >> next item, then? we have item c. approval of minutes. discussion of actions to adopt the minutes for meetings to may 18, 2022 and june 15, 2022.

are there corrections? motion to approve the minutes? >> motion to approve >> second. >> there is a motion and a second is there public comment on this item. you can speak. >> i actually was not present for the meeting i came in the last 5 minutes but did not payment. could i be marked as, not present. >> okay we will correct the minuteses to reflect that alexander-tut was not present at that meeting. >> is there remote public comment. members in attendance would like to give comment. there is none. >> thank you. there is a motion and second to approve the minutes and are all commissioners in favor? >> aye. >> opposed? >> the minutes are approved.

and the next you have item d. mule appeals of abatement. i want to arc upon noubs there was a typo on the case number this is case number 6906. not 05. it is case 6906. 34, 24let avenue. james wagner action requested by appellate. appellate appeals december 28 of 21 othered of abatement and assessment of costs on the grounds hoe is the process of correcting the violation. appellate asks the order of abatement and costs be reversed or modified. >> would like to present? good morning. acting chief building inspector for code enforcement

representatives the department for 6906 and that is address 134, 24th avenue. good morning president and commissioners. the this is a 2 story single family dwelling. and notice of violation was issued 6-5-19 a building permit was issueed complete work stated on the permit from 2 zsh 04 to replace stairs. this permit xriered without completion of work. a director's hearing on 10-6-21. and an order of abatement was issued. recent permit history. permit issued last year. and on 9-14-21. for commence am of work on the previously approved permit

number 2004-05103397. since we don't have compliance, staff recommends toup hold the order of abatement and impos assessment. that concludes my report and i'm eavailable for questions. assessment. that concludes my report and i'm available for questions. thank you. would the appellate like to come forward? >> may i begin. yes and speak in the microphone. sir. >> hello? >> thank you. >> i have a current permit and approved plans to dot work in

question. that does not expire until september the ninth. >> i had an inspection of the work done yesterday by district inspector bill walsh. he indicated satisfaction with the work in progress. and authorized me to continue. inspector walsh may be reached at 415-961-0207. and -- indicated that he would be glad to speak on the matter in my favor. i respectfully ask that no fine be assessed while i have an on going valid permit. satisfying progress in the work and the support of the inspector. thank you.

thank you. is there any public comment on the item? seeing no public comment. is there rebuttal for the department? >> on the monitor -- [inaudible]. so this is -- if we could may be pass these to the commissioners, please? thank you. so -- um -- this is an

inspection report and had has 2 entries on january third of this year. and the inspector noted that a revision was needed. the conditions in the field did not match the approved plans. and there was a follow up inspection on february ninth. and it could only be a question and answer session. there was not progress made. now, we just heard from the appellate that there was an inspection yesterday. i have no documentation to verify that. and -- if the appellate has something that could be provided until that is provided, i can't really entertain that statement that was made.

furthermore, the history here the original permit was issue in the 2004. and in response to notice of violation. and it was renewed on three different occasions including the renewal we have now. from 2004 until now, there has been little progress on the back of the report you see -- photographs. so i would not like to have to enter that building based on those pictures, how do you safely enter this building? there are no stairs. >> based on the concern with life safety hazards i would hope that you uphold the order of abatement and impose the assessment. >> appellate, would you like

rebuttal? >> victor walsh inspector walsh noted that i have at the present time 2 entrances and exits to the house. the house was repainted in the past 2 years. a great deal of work has been done -- and i do attest you insult inspector walsh. i have a job card which shows he signed off on it yesterday. once again, >> would like to put it on the over head. >> okay. you set it on top of that.

>> do you want to see in the front and the back. i should point out also that the dates of inspection indicated by -- mr. hension were quite a bit in the past. quite a bit of work was done in the past under the permits that were issued at the time. i did not want to get into upon

reasons for this long delay, actually. there is no excuse for it, either on my part or the department but i will say that i had cancer in 20129 hour operation. my wife is mentally ill. i take full care of her i have no time for not much else and despite this i have managed to paint the house and the inspector walsh will show i had the parts laid out for the front stairs for his inspection. he saw them. everything nodeed complete the job. the permit does not expire until september the ninth and i believe that the work on the

stairs will be finished by then. i'm sorry that i did in the bring a picture of the house at this point and pictures to show that. but inspector walsh will verify what i'm saying. my income is less than 10 thousand dollars a year. i don't have much to spent. a fine. the one thing i have to do after assembling the parts i have is to heard railing. and install the railings on stairs that are practically there now. but -- they are there they near low need assembly, if you will.

the big point i want to make is i have a valid permit. approved plans. and go ahead from the inspector yesterday with the great deal of support. no cautioning. no you are doing this wrong or that. he gave me a great deal of support. and i think tell be wrong to institute a find in my circumstances. if -- again. when i have a valid permit and continuing to do the work. i gave you the number for inspector walsh i think you can you know who he is. >> thank you for your comments, sir. commissioners. >> thank you.

>> i had a question in regards to the revision. first and foremost, you are occupying the property yourself. are there tenant in place. >> no >> it is solely owner occupied at this moment? >> yes. >> and regards to the work performed is a licensed contractor doing this work or are you. >> i am doing it myself. i fashioned the parts myself and i have some skills which are not professional but are careful and deliberate. i fashioned the risers on the stairs. and i do make the measurements and do all of the work myself. honest low i cannot afford an architect or engineer and i have in the been able to for a long time. >> you have the know how and inspector walsh. >> absolutely. i laid out the case for my

ability to finish. and i am sure you should consult with him. >> my fellow commissioners? >> you can have a seat, sir and commissioners will let you know if than i have further questions. >> thank you. >> talk in the microphone. >> i guess i have more thoughts on how to proceed. seems as though upholding the abatement and waiving the fee with confirmation that the work is moving forward. >> thank you. >> yes. >> commissioner alexander-tut. >> mr. wagner, do you believe

you will be able to finish the work before the permit expires? >> do you have concerns about being able to finish the work before it expires. >> i definitely do. and again. if you consult inspector walsh he knows what needs to be done he knows the situation. and i'm sure he agrees i can do it and --

>> so. that is within i will not guess. 90 days. it expires before 90 days. >> you think you will be able to perform the work within this period? >> yes. >> okay. >> next. >> we have the option of holding the upholding the abatement and the fines for 90 days. which would allow us to the instituted after 90 day period if the work is not complete. but we have other options as well. i'm okay for now. >> thank you. >> commissioner bito. >> if you could talk directly in the microphone. >> now it is on. >> i think that i'm saying something similar to my fellow commissioners upholding the abatement but modifying a fine until september ninth confirming the work has been done. would be something acceptable to me. >> commissioners, joel duffy the appeals board. there is one issue there i noticed in the job notes is that

the previous inspector required a revision permit the inspector that went yesterday said it was okay to proceed. there is it a change to what he was doing. mr. wagner may be able to speak to that. when you make a change to what you have a permit for it requires another permit. and the inspector that went yesterday it was okay i'm confused bite note how come the revision was not may be obtained i don't have a record in the permit tracking system. i track third degree morning. there was the one permit. there is another permit required i don't see. >> thank you for bringing that up. mr. wagner, can you speak to that the revisions requested were? >> the previous inspector wished for more detail in the

connections -- and otherwise, it was pretty vaguech and so in your moving forward you node to have a really descriptive definition of what the connections need to be. well, mr. walsh saw the entire project. and he saw the connections i had in place. and i think that well, that's all i really know. >> president tam. on the notes handed to you from mr. hension on the inspection history in january reserves what was required at that time. you know it might be resolved the reason i bring it up is the time factor. if there was another permit require today starts the wrong end of the time you want to allow to comply. it needs another visit to the department it apply for revision

permit. if a revision is in the required. i'm worried about the time factor that's the reason i mentioned it. >> through the chair. can inspector hension speak to those revisions. one thing i did read in the report is that there was a change in the string 2 by 10 to 2 by 8. that was one detail. i don't recall reading about the connection details but if this is the case that isseen something more important. but changing something like that for it is a small project but you know i think that the revision to that is probably warranted. how much time does it take to get that revision not with standing his permit is expiring in less than 2 months. >> may i comment? i have an engineer who is a

neighbor who lives on the same block and looked at that and said that the totally adequate with the kind of risers that i am using. that is a much stiffer proposition than the kind of cut out stringers often used for stairs. mr. walsh actually tested the threads i have in place. walked on them. and found them to be very solid. i think we are getting walsh in minor details here. there is a good structure in place. which simple low needs to be completed with ordinary hardware. this is just my experience with

the department. i have been good from the people's stand point. but they have been just so back and forth. i would hate to have to come in and get another permit. i mean you have your inspector who again. i rely on the inspection that was done. >> thank you, mr. wagner i appreciate your comments. >> chief. >> a question posed here and you [inaudible] commissioner, the inspection note from january third of this year. clearly states. stringers did in the match plans. 2 by 8 in the field and the required on the plans is 2 by 10 that is a statement. and furthermore, i think it is very much unfair for somebody coming here today and making statements relating to an

inspection yesterday when that inspector is in the here to corroborate that. especially when the note on the inspection card that was presented by the appellate is simply stated. the property owner to move forward with the work. did not make any comment as to the quality of the work or anything. it simple low says to move forward. it can include immediately getting the revision required and moving forward with this revision. so i think it is unfair to the inspecter ando i have to go on the job provide bite inspector yesterday says okay to move forward with the work. nothing more than that. >> thank you. >> commissioner alexander-tut.

>> i think the building inspector, could you explain or help me understand if in january they said you can condition it is work but get a permit how did the second inspection help in july. it seems to me that there would be a requirement to get a permit if i said, hey. you have to get a permit and i come out and say okay to proceed. i think it is a logical thing to say you than a permit is not written. it gets confusing. help me understand. how an inspection happen in the july when -- the request in january is to get a permit if a permit did not happen? can you tell me about the process? how did this happen? >> so, anyone who has a valid

permit. whether a revision or renewal. they can request an inspection any time. i see it is i different inspector this went out there. may not have familiarity with the job. may be fill nothing for somebody else. or made away boo the property owner there was an appeal hearing today and the inspector would do everything possible to get out there to provide information or services to the property owner. i would assume the inspector went out there. and saw that you know work was going on. and encouraged them to condition, put the note on the job card. did not make references to the quality of the work. we have to go on the previous record. which says a revision is needed at minimum. >> however the change was made

in the field to construct what was on the approved plan. i think that would right. then you would not require. >> so -- owner or contractor decided then to change their mind and go back to what was approved the comment from january would not apply? >> that was what. that did in the happen but one way one could. >> noted the stringers installed was not correct they have to get a revision to real move that stringer and go with the original plans one way or another they need a revision. >> commissioner eppler. >> yes, sorry. one moment. >> okay. >> i may be able to bring clarity here and a solution. so -- on these types of projects

we have a homeowner trying to accomplish something our inspectors are called out mr. wagner probably scheduled it. we looked and gave him advice on how to proceed. the points about the revision mr. wagner made a comment if he has a neighbor a structural engineer and willing to meet with inspection staff and give us a letter saying the stringer is sufficient we work with homeowners on the types of issues. the first inspector was correct. but if they added an arc additional string and got a letter from an engineer we may be to incorporate that. what i encourage mr. wagner to do contact mr. walsh set up a meeting with the engineer, his 47 to resolve in the next week that way he can arc void the

revision. and then encourage the board to give us more time. that the scope. this is something that can be resolved. . but if he is making progress and sets up a meeting and continues to make progress he could get this continue. >> thank you. >> commissioner eppler. >> thank you. that goes to the question i was going to ask if we hold this for 90 day its that time to complete the process to make sure either the work is constructed appropriate low or get the revision permit and constructed appropriately. would this be time? >> it should be an adequate amount of time. the ownous would be on mr. wagner to continue on his schedule at the minute. got other issues but it should

be enough time in my opinion and that would be may be a solution here today. >> and then i guess mr. wagner do you think you could complete the work even if you had to make changes. >> yes, i could and as far as the changes go, we will get approval on the stringers. i was the person who originally decided to the string are size. we had no professional help. my son did the plans. they have been approved and everyone this looked at the project has not said anything about the 8 versus 10. i could have easy low put in 8 inch. it is a difference with a set of stairs that has risers. inspect risers and one that has no -- that is cut out of the

stringer and the boards laid in with the inspect risers you have a stronger triangular girder situation all the way up the stairs. >> these will be very firm and the engineer that i'm talking about was very emphatic on that point >> thank you, i think you -- there will be an opportunity for to you coordinate with the engineer and discuss this and move forward. i'm not sure he wants to be involved because the there is a professional liability with respect to everything you do and a guy needs to be paid. >> you broached him part of your case. he come up and down the street and expressed an interest in the stairs and said they look great. he was.

>> mr. wagner for your benefit i would let us come to our deliberation on this. i think we are trying to help the situation. thank you. >> i am too, trying to get the stairs built. >> thank you. >> of president tam. if i can help capture the comments from the commission. >> one question i had about the engineering if he was able to present a letter this is something that could have been taken care of in the field with the inspector reviewing the work is that part or he has to come back to the city? for the revision? >> thank you for the question. the that's a good question. and -- you know sometimes in the field an engineer's letter is sufficient am a lot of the times

we work with people on that. if an engineer's letter to something that is a small change. going from 2 by 8 to 2 by 10 you add an additional 2 by 8. the main thing we need a letter from the engineer. we may arc void the revision permit. but if that is not the case a visit to the city with a set of plans showing the change and getting that approved by our engineer is manage we would do. >> megz to motion to uphold the abatement with modification if -- one second. >> i want to make sure i capture everything here.

>> my proposal to uphold the order of abatement and hold the assessment on pause until september 9. if a revision is required extend the cost to accommodate the permit as required if hoe is in the required have a revised permit have the work done by september 9. i guess the only fine are detail on that, director duffy is that -- you know by september ninth acceptable the work was complete that he made the work in earnest does it have to be stamp approved. or -- >> i believe the september ninth is the expiration date. >> can get an exception and enforcement in a second other. he,ed extend the permit. we want to get it finished by september photocopy possible.

>> acceptable to you president tam. >> that is acceptable to me and my fellow commissioners. with that motion? that is the motion. seconded? >> yea. >> seconded. >> and if the motion could be restated. for the record jofrm motion is uphold the order of abatement and pull the assessment of cost until september 9. if a revision is required, extend assessment costs to accommodate revised permit. if no revised permit is required, then we revert to september ninth. >> commissioner alexander-tut. >> that was the motion and was there a second? >> you had a comment. >> okay. go ahead. commissioner. >> i think we had a second.

>> you asked to clarify the motion. >> i seconded it. >> i have the we the comment section is done i have the section the motion by commissioner bito and seconded by vice president it'll. commissioner alexander-tut had a comment. you can make a comment and we will vote. >> i wonder if the maker and the seconder of the motion would be open to our standard has been 90 days in case there is a slight this is like 6 weeks from now. setting it to the normal 90 days is -- october to september open to in case they there is confusion to try to figure out if they need the permit extension that might take time. right. and so even if you thought today do i need the permit and finds out you don't that makes a slight delay and we are talking

about a 6 week extension that could take 2-3 weeks to figure out the answer. people open to a 90 day extension. i agree. [inaudible]. commissioner, are you open to >> yea. >> holding the assess am of cost 90 days not until september 9 if a revision required. everything else i think stands except are the september ninth the first date. >> okay. there is just confirming motion by commissioner bito and second by vice president tam? >> we doll a roll call on this motion. public comment on the motion. is there remote? seeing 91. roll call vote. president tam.

>> yes. >> vice president eppler. why yes. commissioner alexander-tut. >> yes. >> commissioner bito. >> yes. >> commissioner neuman. >> yes. >> commissioner sommer. >> yes. why this motion carries unanimously. thank you. our next item is item e general public comment. is there comment for items not on the agenda? >> any remote public comment? >> none. >> then our next item is adjournment. is there a motion to adjourn. >> moved. seconded. >> all commissioner in favor? >> aye >> we are now adjourned it is 9:50 amresume as building inspection in 10 minutes or so. >> thank you.

>> roughly five years, i was working as a high school teacher, and i decided to take my students on a surfing field trip. the light bulb went off in my head, and i realized i could do much more for my students taking them surfing than i

could as their classroom teacher, and that is when the idea for the city surf project was born. >> working with kids in the ocean that aren't familiar with this space is really special because you're dealing with a lot of fear and apprehension but at the same time, a lot of excitement. >> when i first did it, i was, like, really scared, but then, i did it again, and i liked it. >> we'll get a group of kids who have just never been to the beach, are terrified of the idea, who don't like the beach. it's too cold out, and it's those kid that are impossible to get back out of the water at

the end of the day. >> over the last few years, i think we've had at least 40 of our students participate in the city surf project. >> surfing helped me with, like, how to swim. >> we've start off with about two to four sessions in the pool before actually going out and surfing. >> swimming at the pool just helps us with, like, being, like, comfortable in the water and being calm and not being all -- not being anxious. >> so when we started the city surf project, one of the things we did was to say hey, this is the way to earn your p.e. credits. just getting kids to go try it was one of our initial challenges for the first year or two. but now that we've been doing it three or four years, we have a group of kids that's consistent, and the word has spread, that it's super fun,

that you learn about the ocean. >> starting in the morning, you know, i get the vehicles ready, and then, i get all the gear together, and then, i drive and go get the kids, and we take them to a local beach. >> we usually go to linda mar, and then occasionally ocean beach. we once did a special trip. we were in capitola last year, and it was really fun. >> we get in a circle and group stretch, and we talk about specific safety for the day, and then, we go down to the water. >> once we go to the beach, i don't want to go home. i can't change my circumstances at home, but i can change the way i approach them. >> our program has definitely been a way for our students to find community and build friends. >> i don't really talk to friends, so i guess when i started doing city surf, i

started to, like, get to know people more than i did before, and people that i didn't think i'd like, like, ended up being my best friends. >> it's a group sport the way we do it, and with, like, close camaraderie, but everybody's doing it for themselves. >> it's great, surfing around, finding new people and making new friendships with people throughout surfing. >> it can be highly developmental for students to have this time where they can learn a lot about themselves while negotiating the waves. >> i feel significantly, like, calmer. it definitely helps if i'm, like, feeling really stressed or, like, feeling really anxious about surfing, and i go surfing, and then, i just feel, like, i'm going to be okay. >> it gives them resiliency skills and helps them build

self-confidence. and with that, they can use that in other parts of their lives. >> i went to bring my family to the beach and tell them what i did. >> i saw kids open up in the ocean, and i got to see them connect with other students, and i got to s the fail, you know, and get up and get back on the board and experience success, and really enjoy themselves and make a connection to nature at the same time. >> for some kids that are, like, resistant to, like, being in a mentorship program like this, it's they want to surf, and then later, they'll find out that they've, like, made this community connection. >> i think they provided level playing fields for kids to be themselves in an open environment. >> for kids to feel like i can go for it and take a chance

that i might not have been willing to do on my own is really special. >> we go on 150 surf outings a year. that's year-round programming. we've seen a tremendous amount of youth face their fears through surfing, and that has translated to growth in other facets of their lives. >> i just think the biggest thing is, like, that they feel like that they have something that is really cool, that they're engaged in, and that we, like, care about them and how they're doing, like, in general. >> what i like best is they really care about me, like, i'm not alone, and i have a group of people that i can go to, and, also, surfing is fun. >> we're creating surfers, and we're changing the face of surfing. >> the feeling is definitely akin to being on a roller coaster. it's definitely faster than i

think you expect it to be, but it's definitely fun. >> it leaves you feeling really, really positive about what that kid's going to go out and do. >> i think it's really magical almost. at least it was for me. >> it was really exciting when i caught my first wave. >> i felt like i was, like -- it was, like, magical, really. >> when they catch that first wave, and their first lights up, you know -- their face lights up, you know you have them hooked. >> i was on top of the world. it's amazing. i felt like i was on top of the world even though i was probably going two miles an hour. it was, like, the scariest thing i'd ever done, and i think it was when i got hooked

♪ >> it is unclenate's creativity time. welcome to uncle nate. we are are going to draw bubble letters. you need supplies. you need a pencil, markers, something to color with and a few pieces of paper. gather up supplies and meet me back right here.

all right. let's go. got all supplies out. draw your name lightly in the center of your page. give yourself room. give each letter a little room. all right. now, i want you to draw around each letter like you are driving a car around each letter. next, let's erase the center. take away the original outline and then we will be left just with the bubble letter. make sure you get the center part out of there. okay. we will touch it up. time for color. i chose yellow, orange, and red. yellow at the top, then the

orange in the center, and i am making a stripe right through the center all the way across. last, my red, which makes a cool fade. time for the outline. unclenate's creative time. figure it out. now we are going to do a drop shadow. a shadow underneath each letter and to the side. it is really going to give it a 3-d look. wow! great job. i bet you didn't think you could draw that. now you can draw bubble letters you can use it to draw things for your friends, cards. it is really useful. i hope you had a good time. i will see you next time on

uncle nate's creativity time. ♪

>> good evening and welcome to july 20, 22 board of appeals. president rick swig will be the president joined by lapseius. chang, patrol b