Transcripts For SFGTV BOS Special BOS Govt Audits Committee 102816 20161121

Of 4 to 6 inches to 16 inches and is payroll titling two inches towards northwest and further we understand that it will continue to sink up to 32 inches and further exacerbating at the base frankly the september hearing didnt guess as well to recap i was disappointed with the lack of transparency and the followup from our department of building inspection and throughout the hearing was fulfilled by contradictory responses to our line of questions and the hands off approach by the department to anything outside of a complaint which still is absent behalf egging we want to spend a few minutes talking about why the department is solely complaint driven in the intervening 5 weeks some progress were in position of a letter from the department of building inspection that was issued yesterday that speaks to some broader policy changes which well discuss a little bit and also as i think were all aware yesterday the department of building inspection issued notice of violations as to certain features at the building that or suffering from the effects of that sinking we have flexible taken steps at the board of supervisors introducing a 200 and 50 thousand for consultants to provide guidance to our department of Emergency Management as well as the department of building inspection and he introduced legislation to form a seismically group after uc berkley a Tall Building Initiative Since the last hearing the citys board of appeals that a subdivision of this prosecuted has received one and 70 owners demanded their property tax are reassessed based on the real or preserved value of their unit and, of course, the City Attorney has issued a number of subpoena panes to determine what disclosed windows and units were theyre sold as you recall we know as early as of february of 2009 millennium and the department of building inspection knew that the, was not performing up to the projections that trespassed well the technology firmer so forth in 2005 i want to give director tom huhuh the time to make opening remarks and a series of questions for some of the Department Staff mr. Hui. Good morning, supervisors thank you for having me. To just want you up to the september you know the hearing first of all, i want to say our department you know the goal is make sure the safety of the public and property we are responsible for 200 thousand building with singlefamily to high rise ill elaborate with the 301 mission resident and make sure you know their belief is safe thats my job my duty to make sure of it and insure any department is more transparent and also you know to make sure the safety is the number one priority for the department from this incident i still continue to go to the root of it how to improve our courses and how to make the policies more transparent and to know thank the public for the san franciscans and express we feel residents and owner last month or so will the action plan you outlined from our you know chronologically event first of all. The Selection Process 82 and 83 i immediately in october the meeting to im endorsed administratively to have the selection of reveal panel to be selected by the department basically independent and this is only beginning we will do more and improve the ab 82 and 83 million we worked with Zoning Administrator office to work with them to try to get an independent panel to study all the data from the you know for 301 mission and also to reveal any submittal by the vera developer and the Homeowner Association we ask the Homeowners Association as you may know youre aware of last month the attorney for the association say thank you cant contact us 5 times and then we find out they sent to wrong address thats okay we after the meeting we have flexible a merging with them and come up with a plan they need to monthly to send us the updates you know because they hired the technical engineer to monitor the situation and come up with a plan also you know at the department we are open to me suggestion by the public this is potential and then we can Work Together to work the goal and we i commit to work with the supervisors and the Mayors Office and the Zoning Administrators office and to try to find out how we can resolve that issue and get all the data thats my you know job to make sure that everything done right and well be transparent and anything we always will be informed of that committee and the board of supervisors and my commission and everyone and the bill will help me to have read the statements i know a little bit of confusion thats my fault learn from this incident and from from the bottom of my heart i want to help to resolve that with the board of supervisors and the mayor and everyone to get this resolved im happy to hear from mr. Strong but ill repeat what i heard the Department Going forward will require a developer to pay the department the department in turn will hire the geotech or hire and instruct the peer reviewers is that what ill elaborate hearing. Today, the developer will pay the consultant directly but right now, im still working on it because i will come up with an idea at least the number of expertise in different areas and picked by our department and the developer need to pay us in our account and well be paid directly to the Peer Review Panel there will be no you know something people have flexible a rumor or the developer pay the consultant they maybe you know have flexible their opinion and director hui when do you have flexible it is going procedures in place. First of all, it is in place but it takes time to find out how many consultants because beside the geotechnical they make and some of the life safety issues like the you know smoke controller and all those we need to erase he will try to do it as quickly as possible we need to go through those bound by the rules. In terms of timing any projects that are subject to peer review any about to be Peer Reviewed. Right now there is no some ongoing i dont know the exact number the one coming in and out right now the procedure we need to do. With regards to the hamburger report you furnd or firebird to the board of supervisors and the Mayors Office that was Peer Reviewed who is peer reviewing is that an instance the department is hiring that peer reviewer. We have flexible one preliminary were waiting for the peer group to reveal that report we want to have flexible an Expert Opinion virtually to reveal that. Okay im going to turn it over to and bill and ask you a few questions. Thank you, bill strong local Agency Formation commission ill add respect to the hamburger report once the panel is in review theyll look at the documents and request for source data than available to us right now that it is in mr. Hamburgs position the other point the director didnt talk about we have flexible also started implementing a new records retention policy with respect to all engineering letters that are tied to future and Tall Building Construction Projects and those will be kept with the projects inspection records and made more readily have youable by both dbi staff and the members of the public. Weve discussed for sometime that it is scientifically complicate were finding phases of objecting all the details and once the pier review folks are in place to review some of the data points and assessments that are coming forward from mr. Hamburg or patrick well pubically be is a better position how to move forward with what is an important issue. Mr. Strong by timeframes you exterminate mr. Hamburgs report to be reviewed. As director hui was saying getting the panel yes, maam paneled i dont know if were looking at another 2 or 4 weeks but certainly happily report back to you as soon as we have flexible a number we can rile. Can you address beyond the steps of the hamburg report are taken to have flexible complete stabilization of the 301 building street. I dont know if we very specific stuff. Supervisor supervisor peskin first of all, our department can not recommend how to you know stabilize the building and once we have flexible the pier rectify panel and well also one of the items we ask the developer to come up with a plan how to do it you know to stabilize that right now you know from their report they say safe but we need owe independent look to review the data and ask more questions. Mr. Hui on september if you guys wrote a letter to Millennium Partners to Shawn Jeffries Vice President in our capacity as the chief that Building Official with regards to them so on and so forth some remedial action plans and wanted to response in 5 days from september 23rd what have we gotten beyond the ham allergy report of october 3rd. Supervisor i can tell you weve received open september 28th about one and 40 files that constituted 4 thousand pages of documents we have been going through those documents to see if theres any information that is germane to what is going on with the settling i dont believe weve completed that review given the volume but that again is a series of Technical Information we will make available to the Peer Review Group as director hui was saying. Director hui have flexible you reviewed the 2016 hamburger report. I briefly looked at that but asked you know my team my principle engineer tom and my Civil Engineer gary to review it. All right. Who should i ask questions about the hamburger report to it is interesting the 2014 draft report slis you intended in our report you sent us yesterday in midjuly you ended up with a copy of the draft report how did you get that. Yeah. I called ron and then ms. Johnson saying have flexible someone delivered to my office an july 20th you know sent to us and right away gave to my team. Ms. Johnson Karen Johnson is that who youre referring to. Yes. Thats correct. And has anyone reviewed the 2016 as compared to the 2014 draft report. Yes. Hanson and. Gary is not here but hanson is maybe we can ask you a few questions about that. Good afternoon supervisor good afternoon mr. Tom the 2014 report clearly makes some recommendations as to actions that could be undertaken by millennium to stabilize the building all of that is scrub out of 2016 final Foundation Settlement investigation did you notice that. Yes. What did you make of that. The 2014 report does spell out some remedial measures that can be done like settling the foundations some of that that duck tile beams and something in the locations below the basement levels when he read that when i read the 2016 report it is not there all they say is just the building is safe at the time of the report. And as a builder inspector what do you think about that mr. Tom. Well, this is a very complicated building first, the settlement issue and the report bye bye mr. Juan hamburger has reduced it by invited it by enforcement modeling and computer hardware when you build a come putter modeling you have flexible to have flexible a lot of experience to build the computer modeling and have flexible a lot of engineering assumptions so those assumptions modeling i feel you have flexible to be review it by Expert Panel Review team is age mature to make a judgment i know our directors there will be a review team headed by the chief Administrators Office i hope that will be pretty quick. I appreciate that im not talking about complex modeling but the fact the same author relatively to the same building two years earlier suggests is set of measures to endorse the map for reducing the damage by installing cement outward and by 2016 when we all the building has continued to sink and tilt in guess not about whether or not were doing complex modeling by any desire by the developers for the city to come up with remedial measures. I think that is a good question supervisor peskin but they removed that recommendation in that 2016 report you know so i noticed that the difference in the two reports. Did you notice other differences he noticed a few in exemplary that it looks like that is extremely lawyered i hope give us you a concern clearly the changes from 2014 to 2016 i can give you any number including changes the tenses for example, in the first hamburger report written in the introduction it was d water the zones increased resulting in an increase in stress on the deposits and the consolidation of those soils that ruled in total and differential settles and indeed in the second report they changed the verbiage to this consolidation would in turn rudiment in total differential settlement across the site the whole verbiage i hope the department looks like this report acknowledges the fact it is written by Millennium Partners in an attempt to absolve themselves and point fingers added others parties rather than dealing with what we know by their own admission the building sunk in 20093 inches; right . And hanson or mr. Tom while weve got you up here your august 2016 memo entitled the 30 is permit review identifies professor jack of the uc berkley and Structural Engineer as two outside highly respected experts was it dbis even though the building was designed under a prescribe active design but i say height of the building and the complexity of the system needs another review at the beginning the building but this is a code pro descriptive design i want them to at least go to a Peer Review Panel at the time it was a significant building but they only agree on the structural system reelevated i brought up the fact that the Computer System they use it is everybody on the then computer modeling you really have flexible to have flexible a very good knowledge of structural behavior and a good knowledge about matching precise exact as possible to the real structure and that really take a lot of knowledge in engineering so at the time i told them i wanted people to review the modeling we dont have flexible that kind of expertise in the department they finally agree. Mr. Tom in reality isnt it true that the department as a as a matter of law have the ability to subject anything to outside party review. Not really just like supervisor you have flexible to the ordinance we have flexible the ordinance and put it in a cod and able to use it for certain buildings in a slope area that we can have a pay review if we dont have flexible that kind of ordinance in the Building Code we cant choices we feel not under the code so it is not really proper for us to force people you need to review that. Mr. Tom isnt there a provision of the code that requires the staff to give peer review in any extra ordinary project. Yes. Under the alternative design methods yeah, we have flexible that. Indeed you can utilities that for a code proscribed project if you choose. At the time at the time we say this is a significant building we want to hold a review panel they say you have flexible no authority because of the we use the code compliant design. But in reality as a sfmta theres nothing that requires you to issue a Building Permit hey, if i dont do geotechnical review were not going to give you a code. We have flexible germane in the code from the code doesnt give us the authority we cant just independently dont think who you all say we have flexible to have flexible a review panel thats contrary enforcing action of our authority. But in reality portions of the to projectile were not code proscribed the Foundation System was not code proscribed. Yes. Thats why they change the detailing on the bow grip by utilizing the bow grip i stopped the projects and went through a very vigorous analysis and tested with the professor help and we finally get that to our satisfaction that we were able to allow them to use only under this specific projects mr. Tom you were also involved in the ada the project that was going on almost at the same time. Supervisor peskin i take the liberty of revealing the data i find out that project has a lethal i didnt history there were two other two site permits prior to the one i take over in 2003 when i look at the record in 2003 that building is built almost exactly like the other building. However, it is only with without the perimeter frame with the concrete core and very similar to the building in the infiniti building we have flexible a revalley on that plus the patoma building and it is exceptional to have a train highrise thats why i invoked the panel it was not a code proscribed design it was plus the train tunnels go through that. What did we find out during that peer review. I have flexible 3 professor bailey, mr. Leon, whats his from. Mit and no graduated from mit joseph and also doctor whos the expert inform soil interaction ross are the 3 panel i was the city began to look at the site so not that much of a period you bring on at that stage. Mr. Tom do you recall the letters from the mitts professors charles and andrew including it will sink as much as 11 inches. I tried to front the information and go through the records i have flexible i cant find me settlement records that relate to that. I can show you all sorts of documentation including but not limited to the declaration of former dbi mr. Chiu dated ill tell you what the date it is dated october 4th of 2004 with regards to why he suspended the permit for aiding patoma and it is Steering Wheel similar to 301 Mission Street how many feet apart if patoma and ada street whats our guess. About 2000 feet away. Very close. And it is a 52 concrete tower last week, a 58 concrete tower the geotechnical consultant that engineers the same as at 301 but here he so forth document before 9 court that a creditable geotechnical said the building is a settle 9 to 11 inches substantially more than the two to three the project sponsor claimed that is the same that is the same Geotechnical Firm trend that said 4 to 6 on Mission Street professor jack is as you said the chair of the ada patoma panel and it strikes me as extremely odd 0 professor and the department seven hundred not to a project on friction piles extremely heavy 52 versus 58 stories of concrete the evidence down the street will perform the way 301 Mission Street is professionalism how can the mr. Bailey not fairy was not joining us today how could the professor and the same department that got sworn statements hey, we need geotechnical peer review we insist the whole mythology we couldnt do it was a code proscribed as 301 and design based at patoma i dont bye nor do i buy 301 Mission Street was not performed as based part of it we admit let me read you from 2007 society for instructional engineers written by the derrick who is it the Structural Engineer for the 301. Right the Structural Engineer of record he writes an article titled design of the at all i thought structure in california a 58 residential tower in San Francisco ill read in part in paper summarizes the analysis and design and special component testing performed for the millennium on 301 Mission Street in San Francisco mind you underdevelopment at the time when completed in 2008, to the 6 hundred plus feet this project will say the tall it reinforced structure in a schematic the 4 tallest in california and the tall itself in the United States west of chicago the heaviest building constructed on a per foot basis supported by a a matt resting on nine hundred plus thirty ton piles approximately 80 feet in lethal and this is kind of interesting desamoan vegetated the designs for the project in 2001. Do you remember. Initially enclosing the steel systems as the project went through the entitlement there was a shift in economics of highrise construction in california that allowed concrete to be more competitive that means cheaper when the design starting eternity in 2004 the same time were looking at ada patoma it was the most Cost Effective that the owner can consider the use of a core design using a based design approach after evaluating the risks and noting other projects have been in peer review those hes talking about 80 patoma. Hes talking about the infinity building the first performance based building the owner choose to use a dual system in conform with the Building Code with the exemption that the review and approval process will be faster. Right. But i mean that to me they switched from steel so concrete and didnt 79 Performance Review and yet the department had every reason to know that it would perform in the same way that they said patoma will perform that led the city to suspended the Building Codes on 80 patoma. First of all, i thought the suspension of the 80 patoma buildings due to the train alignment that we required that base to be for our t pa design, and, secondly, i dont know, there is a history they went through the valued inter a Steel Building to concrete believe so you know perhaps they think that as abatement we only reveal what they file for permits see so that article is good to know for our basically understanding but that building he even on the article a code proscribed design and hes been aushg with me for this item for many meetings and he uses the code pro scripture design so perhaps have flexible him to hear and have flexible him to how he why he thought to get away from the commitment of the technical revealed. Well ask the two gentlemen and reached it out to mr. Mail i didnt by expressed his willingness to come to a future meeting have flexible you talked to director hui. Youre talking about frank chiu. No. And in 2009, this maybe a question for ray louie in 2009 after the february letter we actively have flexible they sent us a letter it says this is trespassed well, theyre not aware of a settlement yet not too long there is information in our records if shows by then differential certain time at 5 point plus inches are you aware of that mr. Tom in the same year 2009. I dont think i when i revealed the report that i generate i know that there were some settlements i think in the order of 3 to 5 inches but thats is a spread but maybe a very large basement so i noticed that that all were some differential settlement in the basement area. So you were awarehat have. By reading the report that i received in july this year. Oh, if that you received in july of this year but the original numbers that that and the original plates are dated in 2009. Yeah. I think they have flexible some in the report that i received in july. The original plate is from late 2009 the reason he ask i mean hanson im not Public Health the fingers at you, you you were working on the transbay you might have flexible this information part of what ill elaborate trying to get to why the department didnt after the response to mr. Louies letter where in trespassed well will continue to the monitor the site in their 2009 letter but no departmental mechanism or any followup that happens for the next many years even though there is Department Personnel working on transbay next door and party to information that transbay had as the building sinking and tilting that by the way, implicates that wall will have certain impacts thats in the millenniums exchange of letters or t p pa exchange of letters. Where i really didnt bring up by anybody about any settlement problem when ray wrote the letter he assumed one time i asked him what happened he said that is okay. I was not in a position to question my Deputy Director see and mr. Tom youve indicated that mr. Ridiculously District Attorney how did that play itself out. Because utilized the infiniti building with a whole board for that board and the millennium building and infinity and also concrete building we you know the millennium building is taller the infiniti at the time in fact, i requested a floor person for the design being used in San Francisco at a time instead of 3 person he requested 4 person for that project and utilized that project and tried to have them compromise to work out with me on the full review board and i can only do that according to the code the authority that i have flexible to enforce that portion and they compared it on the securely review i feel that i dont feel i have flexible to kind of authority. But striking speaking the code allows staff in unique and extraordinary circumstances to impose that. But i dont know your p preincluded from finding that. Based on other person from the code not there you cant individual pick and choose how to enforce the code so mr. Gibner why not ask the gentleman to determine where ill elaborate right this is water over the dam ever over the bridge but so mr. Tom any other parties that were other than the gentleman were given i did peer review that you wanted. Theres a developer they always have flexible a representative there the developers always there and we have flexible several member thought that is on staff there. So usually we have flexible to work with the confine of the Building Code thats the reason when i see the aspect of that building that large building i contacted the Structural Engineer hey owe need help in doing another policy into the code and we were on that ab 082 and 3 for years in the meanwhile we already implement trying to implement that two pieced of administrative bulletins, however, during that time most of the building with respect performance based design building at that era. Can you say a portion of our building is code compliant and sanctify you know and admitted that portion of the structure was not code compliant; right . The Foundation System the structural system was for the districtly speaking code compliant. It is a way to provide code compliant it is not a performance based it is a different use of material only because they tried to use a very close looked at we the space is very confined but a grip they resolved the confinement . Kind of like using a different type of material but the applications feels the same the code pro subscribed design. Let me ask you this as far hey hanson we should get peer review on the geotech. I dont think i have flexible this recommendation and if he recommended that would you have flexible had the power to request it. Yeah. The bow grip system was not in our Building Code a different type of application for a column so when it was revealed to me the system i immediately i wrote a letter to the engineer demand that work to be stopped or maybe give me the analysis and test results the bow grip and takes 4 months to comply my requests. Youve told me had the professor said to you, we should have flexible had peer geotech peer review you would have flexible demand it. Right. You have flexible but power the department had the power to do that i mean you dont you dont have flexible to hire a tech from uc berkley this is back to the issue of the does the department before administrative bulletin 782 and administration bulletin 82 have flexible the authority to require you said only from the professor feels we need it ill elaborate troubled that the department didnt say hey a few hundred feet away in a landfill bedrock with a similar coal and places old bays and must do and classes we didnt demand geotech review for the heaviest itself building this side of chicago. I think i didnt realize maybe have flexible that comment in october did he have flexible say that is the problem on 80 patoma. Jack was the director of the project well bring the gentleman in here im sitting on loads of paper that will indicate that. Well, if professor suggested that we should have flexible a geotech for patoma or 3 so 1 mission i have to come out with reasons why it is required based on his reasons it is a proper reason then obviously the building representing the this we have the right authority to ask that but sort of that everything is code compliant i still on the point that we say administrative code under the confinement under the authority by the Building Code. Well mr. Gibner will help us get to the bottom of that thank you, mr. Tom well visit with raymond. Good afternoon again, mr. Louie i know youve not been at the dbi in some time this happened a long time ago but sometimes one has more time to reflect and think on things sometimes little bits come back and obviously it was asked at the last meeting that was a pretty uncommon and rather extraordinary letter you put our signature to an 2009 i was wondering in the intereloquently 5 weeks any things have flexible occurred to you. Good afternoon, supervisors yes, a short answer is yes, it is funny as life goes we remember certain things in life and some things we dont know what happened i remember when my son was firstborn but ask me what i had for breakfast i cant recall but i did cant recall the meeting or phone call ive been racking my brain trying to figure out where the information came from i inaugurated it down to four entities those 4 entities the engineer of record midmarket in various projects the engineers see something happen they may come to us hey, how do we fix this ill give that a 33 probability. And around this time t gpa start their peer process as dbi we were the plan checker and the panel that was pulled together for t gpa thats 33 percent of probability i may have flexible heard about the sinking of the towers of one of the early peer review meetings he put lower on the to dutem but thats a lo probability that was mentioned to me at a meeting and one opportunity any of the 4 but i think suffice it ill elaborate trying to rack my brain probably at the t gpa meeting and at the time were involved in the plan checking of the t project. As the droopy wouldnt have been directly involved in the plan check when i left the position i did go to a couple of more meetings the peer review and at the peer review meetings the settlement of the millennium towers was decided ad nauseam consultants helping t gpa develop a shoring system including the pile and the walls and whatnot to try to arne settlement of the building during the construction of the center subsequent i left the department i keep a look out tell you. What year. When i left the department . 2010 2010 and when did tjpa turn theyre first shovel full of dirt. No idea. I knew but definitely post 2009 but i think that is 2011 do you remember ed or hanson when they started excavating. In 2010 that was all a paper exercise. Correct. And did in 2010 as everybody as plan checker to tjpa as people were concerned about millennium sinking was there any differential settlement discussions . No the discussions at the time as you recall was a siping slipping below the foundation they tried to arrest that slipping from performing that was the bulk of the conversation he was aware that. Do you have flexible any recognition when millennium poured the concrete slab whether or not that was differentially settling. No idea when they started construction. I mean millennium. Yeah. Owe joined the department in the mid of 05 i think and he was invited to a couple of meetings but zero involvement with the plan checker. In our role as Deputy Director through the feeding chain someone said the building is sinking might be tilting you write the letter but post that time you recall at tjpa that everybody knew that was sinking. Thats a correct statement yes. Well the people at the meetings i cant say that everyone at tjpa. Part of what ill elaborate going another the culture of our former department . Where ill elaborate ultimately going there seems to be a culture that if you dont get a complaint you will do absolutely nothing i mean that is interesting that yesterday you issued two notices of violation you guys write down hey the ramp is not ada compliant what or not built that the project we saw that but you dont issue a nogs until someone makes the complaint i write the letter on february 2nd they respond were not aware they a. D. Admitted that sunk and not aware of a differential settlement and then youre in certification with the tjpa where everyone is talking about the fact they know that is sinking last week, a rock but no protocol to update us every quarter well do our own independent investigation whats the matter with the culture of that department that is in charge of the building safety that doesnt look out for things like this if you want to say that has a former Deputy Director. Im not sure thirty how to respond to that in San Francisco we have flexible hundreds of thousand of building; right . I think probation officer ask the department to follow every single building without a complaint would be an enormous task given the resources the question you posed because we knew about taking care of should have flexible someone monitoring the building and whatnot it was my understanding that tjpa or im sorry the design team with Millennium Partners was wanting to side wander of the settlements and my understanding tjpa design team had people monitoring the settlement at millennium towers should dbi received those reports in retrofit probably because did we receive the reports in any of the tjpa meetings i dont think i did did the reports exist in erics files or in the millennium files your right we didnt followup on those and as a former director droopy think in retrofit that would have been a good idea. All right. Thank you mr. Louie my colleagues are partial why not bring up mr. Sweeny. Good morning board. Do you know if there was any consideration at dbi workload certificate of occupancy for the millennium tower. The only that we had to hold it up would have been on the basis of mr. S letter they responded the design team the engineer of record and the engineer etch wrote an independent letter one of the this was save and, yes it a settled on extra 3 inches by the building was designed to settle that was experiencing a master settling they assured you say that was safe and stamped it with their engineering stamp i dont remember getting that letter ill elaborate sure we did the only way we would have flexible preceded from the engineering staff we have flexible Serious Problems with that subsequent to that 15 inspectors most of them were life safety for the smoke control and fire sprinklers the access all of the light safety the most important and they passed its we had all the special inspections and continuous inspectors at 3 so 1 mission for a variety of we have the data to back up and bans that we included the building was safe. But you could have withheld it. We could have. Was that at your sole discretion. Yes. Do you know of instances. We would hold t f c and give them a punch list and reasons why they have to satisfy us before the cf c is given. Requirement to disclosure we knew in 2009 bans rayss letter was there any discussion disclosing this to the public. The only way to be disclosed a notice of violation or with hold the certificate upon competition. Was there any discussion about a notice of violation it was sinking quick. We based our decision on the letter of record. Going back to the patoma question i was asking hanson tom what is they any recollection there were two similar projects very close and soil types. I was a hump inspector i was not in management at the time. Any questions about the current building there were rufksz theyre talking about foundations to bedrock are you familiar with that. They have flexible a permit at the c pb at the Department Bureau ready to pickup been there almost three weeks ive hearing resumes theyll come in and revitalize the foundation permit. Do you have flexible the power to revoke a certificate of occupancy and completion. Yes. Is there any in the case of thirty 1. Not at this time. What will that entail the engineering recorded the building is inherently dangerous or a possibility of danger did you see the two conclusions hamburger reports. Whos shall i ask about the hamburger report. It is the final report where he say with the exception of the affirmation none of the settlement related to those elements indicates impending failure. You talking about you refer to the final report or its the same in both it is the same in both you didnt change 9 language language the commuted foundation map preliminary at the sheer walls and the 39 off the outer frames suggest that the reinforced steel cracks may have flexible occurred. Yes. Does that concern you he heard our colleague say theres no discussion about getting revoking the certificate of final competition completion you guys are riling on the hamburger report to say it is safe were waiting for a hamburger report i want to see who is in charge here. That really is a concern if you have flexible a lot of cracking as stated in the report i would say we really is a fact finding whether we have flexible to prove hprove how produced by him the accuracy of it ill elaborate not saying hes not accurate but verify that so ill elaborate hoping that the quicker we get the Panel Established by the chief Administrators Office and working with us that is a main reason that you ask that about Eminent Domain imantenna cracking mr. Hamburger conclusion that the building is not in any in any hazardous situations i hope you have a lot of confidence in his statement at this time allows us enough time to xifrm that whether those cracking or seem important or not important. So well wake up here i know my colleagues are both running for office and have to get out of here as a matter of fact so am i in the draft report in the conclude mr. Hamburger says presuming based on the same modeling hanson, however, some elements including the Building Foundation including the Building Foundation has experienced significant stresses as a result of the settlement those elements including the foundation will experience damage in low earthquake anticipated if no settlement had occurred all of that language has been removed from the final report. I noticed that. So that really had to depend on his first draft conclusion how can he eliminate that recommendation in his final report if that has to be really has to be verified i feel that has thats a discretionary between those go reports. Okay. Last question he bet those are not for hanson who issued the nov on the ramp was that you dan. Good afternoon, supervisors dan Deputy Director in surfaces. Good afternoon dan just a couple of questions one and i dont mean to sounds b. A. Elega elegant. When we went into the building we were not focusing on the leon of the building. That seems last week, a higher priority i dont disagree but not exactly sure what you guys have done relevant to meeting of the the tilting over the last 3 months im not trying to be mean to you but in as far as we havent come up with a remedal plan we are riling on the developers higher person that is changing his draft report and not individually reviewed it not hiring of anyone on our own 0 advise us how well arrest the development in the intern on july 25th who signed this thing oh, yeah. Your on here bill stronger, Hanson Tom Laurie and concernisweeney and. Within question did they build those ramps after without a permit theyre not seeming to be on the original construction documents. We looked at the original documents today on the original document and noticed too in the pictures that were provided those are original handrails on the wall when the ramp was offered a normal ram is one of testing and 3 percent their much steeper but the existing handrail on the walls there was a ramp there at the time of construction there. So in the building. The handrails for the ramps are still it on the wall. Got it so it the ramp put in too steep and was a ada compliant or redone it as the building has sunk. Theyve done work in order to yes. Id like yes. At the time of inspections we dont have written documents but the handrails the ramps wouldnt have been at that slope at the final inspection it appears their accident. Without a permit. Right not code compliant right now. And is there enough run in order to make in code compliant. Theyll have to redesign the ramps to make that code compliant in the ramps are extended longer theyll be adjacent to the ramp. Theyll have to dogleg that. A Design Professional will have to come up with somebody. Got it and last but not least ive heard repeatedly that the sewer connection because of the sinking has had to be redone do you know anything about that. I was in a conversation a communication over drove me there they said that was the sewer cleared up pipe that happened in several areas of the city in 2014 i dont have it all documented in 2018 there was a breakin pipe i think in 2017 they fixed that but in the conversation today those were old pipes it didnt necessarily has nothing to do with so the words in this july 25th memo to director hui the maintenance staff informed us that corrective work is on the joint pipes caused by settlement of the tower it sounds like that. Im not sure what happened what happened on the pipelines pipes is the information i got on the streets i dont know what happened in the drawing. And relevant to the last issue on the ramp is that is a sign that the platform the large building and the smaller building are settling at different rates. It appears. What that means the slab is cracked all the way through. Thats for an engineer to determine. But if woven part of slab. Theres an expansion between the two buildings theyre separated by an examination well need to consult an engineer. Theres an expansion between the highrise. The expansion joint is good for 3 inches of movement thats unites recollection mr. Tom do you remember. I know that the two the tower and the midrise building are separated by a schematic joint about how far how much i dont know but it is all the way between the foundation of tower and the midrise. All right well continue this conversation are members of the public thank you, gentlemen for being here and mr. Hui thank you that would be helpful well continue ill elaborate sure to have these hearings and learn more ether time and we want to thank my colleagues for their indulgence and seeing the safety grew up and seismic proposition legislation in front of them soon to thank you commissioner yee and commissioner london breed madam director testify open this item coping up, sir right there. My name is frank ill elaborate a resident at 3 so 1 mission on the 50 floor i live with my husband dr. Paul whos here today ill elaborate very concerned as we all are and i want to thank you from the bottom of my heart for taking the concern that you are supervisor peskin we know of units in the building that are already cracks in the ceiling and other places we know of someone that says a door of a closet is sticking that didnt stick from i can show you a video i made the other night where we rolled a marble 10 foot across the floor it rolled back and picked up speed and occurred to the northwest the direction of lien this is on the 50th floor i have to video on any phone if you want to see that you know of the destruction in the basement weve seen pictures of so i think it is really important to find out how this happened and whos fault it is and what can be done from preventing it in the future my question what can the city do to force the developer to fix the problem they created for us and to start fixing it right now because we cant wait until 6 months or another year or 5 years until maybe there is an earthquake and then who can fix anything at that point we want to know from the city cant place pressure on the developer they created the problem by not going to bedrock whether or not they had permit or not i dont care we live there they need to fix it i want to know from the city will get behind. I thank you for your comments as youve read in the newspaper and seen on the tv our City Attorney is looking into this matter and obviously as you might can tell ill elaborate trying to see if so interest a final connection between the two admissions to get you guys a bit of relief and sorry for what youre experiencing with our fellow residents. I speak only for myself im not representing the other residents but a member of that class thank you. Madam director who want to testify seeing none, well continue this item charging through the chair and helping us get to the bottom of this situation with that madam clerk please read the closed session litigation. Items 2 to 8 resolution improving for appropriations against the city and county of San Francisco john gibner, deputy City Attorney. Is there Public Comment. Any Public Comment on the items number it through 8 seeing none, Public Comment is closed. And im going to have to ask folks to clear the chambers we need to meet in closed session. Is there a motion to were john gibner, deputy City Attorney. During the session the Committee Vote unanimously to forward items it through 8 with a positive recommendation. Thank you a motion not to disclose by supervisor breed without objection and that concludes the business before this body were adjourned we came to seven straight about 10 years ago. 7th street about 10 years ago. The environment is huge. It is stronger than willpower. Surrounding yourself with artists, being in a culture where artists are driving, and where a huge amount of them is a healthy environment. You are making it safer. Push, push. That is better. When i start thinking, i see it actually sometimes, i do not see it, but when i do, it is usually from the inside out. It is like watching something being spawned. You go in, and you begin to work, excavate, play with the dancers, and then things began to emerge. You may have a plan that this is what i want to create. Here are the ideas i want to play with, but then, you go into the room, and there maybe some fertile ideas that are becoming manifest that are more interesting than the idea you had initially set out to plan. So there has to be this openness for spontaneity. Also, a sense that regardless of the deadline, that you have tons of time so the you can keep your creativity alive and not cut it off and just go into old habits. It is a lot like listening. Really listening to watch what is going to emerge. I like this thing where you put your foot on his back. Lets keep it. Were your mind is is how you build your life. If you put it in steel or in failure, it works. That works. It is a commitment. For most artists, it is a vacation and a life that they have committed themselves to. There is this notion that artists continue to do their work because of some kind of the external financial support. If that was taken away, artists would still do their art. It is not like there is a prerequisite for these things to happen or i will not do it. How could that be . It is the relationship that you have committed to. It is the vocation. No matter how difficult it gets, you are going to need to produce your art. Whether it is a large scale or very small scale. The need to create is going to happen, and you are going to have to fulfill it because that is your life. Good morning and welcome to the government audit oversight for monday, november 14, 2016, im the chair of the Committee Supervisor cohens joined by board member supervisor breed to my left is and by supervisor campos to supervisor breeds left our vice chair supervisor yee will not be here today and we will have a motion to excuse him but proush to that let me introduce any clerk mr. Evans thank you electronic devices. Completed speaker cards and documents to be included should be submitted to the clerk. Items acted upon today will appear on the november 29, 2016, board of supervisors agenda unless otherwise stated. And supervisor breed can we have a motion to excuse supervisor yee. Moved without objection and