There because of these agreements. Commissioner santacana so thats not my question. What does your department view to be the limit . So he says he was in a parking space and wasnt selling. So if youre saying that the view is its while youre selling, then anything that happened while he wasnt selling wouldnt fall under this code of conduct. I mean, technically, hed probably already signed into the map already, so i included that in the materials that went to the original hearing . Once he signed into the map, that means he staked it out, someone else isnt going to sell there, and thats your place. Commissioner santacana i see. That is usually 6 00 a. M. To midnight, but thats not the time that people sell. Commissioner santacana okay. What time did he sign in . Again, this is wednesday. No ones monitoring this . This is a wordofmouth agreement that everybody adhere to these community agreements. Commissioner santacana okay. Now you said you received this photograph in exhibit g from an anonymous witness, is that correct . Correct. Commissioner santacana do you know, did you receive this digitally. Its an anonymous witness, a witness that fears retaliation commissioner santacana i understand. Thats what an anonymous okay. I thought you were inferring that i didnt know who they were. Commissioner santacana no. My question is, do you know do you have the digital metadata for this photo that would show when it was taken . I do not have the digital metadata on hand. I have it in my email. I did speak on the phone to this person directly and receive an email communication from them about this separate and completely outside of the communication to rec and park that i received. Commissioner santacana and did they tell you when and where yes. They said because it was a park ranger, he would be kicked out of the plaza. That was everyones fear. Commissioner santacana okay. Thank you. Clerk thank you. Is there any Public Comment on this item . Anyone here for Public Comment . Okay. We will move onto rebuttal. Mr. Berrios . Are you speaking on behalf of mr. Berrios . I need somebody clerk can you speak into the middle microphone, maam . Commissioner honda she needs a translator. Clerk do you need a translator . Please. Clerk okay. So you will have six minutes with the translator. If you could identify yourself for the record, please. [speaking spanish language] good evening. Im here to support walter molina. It seems to me that the measures taken against walter are extreme measures because he needs the work. He has a son, and for him being there for so many years, ive seen good behavior. Hes a good artist. Commissioner honda im sorry. Could you hold on one second. I just want to make sure that she understands this is not Public Comment. I want to make sure the translator can explain the procedures. Clerk can you ask her, is she representing mr. Molina, because this is his time to commissioner honda i mean, what is her relationship to the permit holder. Clerk okay. Commissioner honda so she should have been Public Comment. I dont think she understood clerk why dont we back up. This will be Public Comment at this point. Thank you, so please proceed. She can just whatever she wants to tell the board, she can continue. Commissioner honda continue. [speaking spanish language] so perhaps he was a little confused, but this shouldnt be the cause of him losing his job, his work. I feel that this is a measure i dont even know if im able to say, kind of racist . But why suspend it because of a situation that went out of hand . Because people who have committed the mistakes, theyve made mistakes, and it was a confusing situation, for three months, for six months, or a year. My point is that this seems terrible for an incident such as this that a person loses his job for a whole all i have to say, and i would love for you to reconsider and not do this damage. Commissioner hond commissioner honda muchas gracias. Clerk thank you. Is there anyone else here for Public Comment maybe the interpreter can ask on the record if theres anybody here for Public Comment in spanish . Okay. Thank you. We will now move onto rebuttal. If the interpreter, if you can tell mr. Molina that this is his opportunity to come up, and that he has six minutes to speak through you. Translator he would like to do it in english. Clerk okay. So then you have three minutes in english. So i would like to remind you that i was stopped in one place and it escalated to where we are right now. Everything could be done in the parking lot. Nobody asked me for any license in the parking lot. After they figured out i was an artist, they come back to me. I never come back to them. I would like to say sorry to the park and rec and sorry to the health commission, sorry to my fellow artists, and i think, like, even its not fair the way i was treated, and i would never tolerate somebody treating me like that. It doesnt matter how much uniform do they have, but i would say sorry for the situation that happened. It was not my intent to happen there. Commissioner honda thank you. Clerk thank you. Okay. We will now hear from the Arts Commission. You have three minutes. Thank you. I just wanted to clarify, actually, its been three years since ive been at the program, 2017, 2018, now that were into 2019. And i want to also point out that this is not mr. Molinas first offense. I included that information in the brief. In 2012, he was cited for battery of another artist, and in 2015, he was cited for alcohol at the gathering. The violation by a street artist of this article or any rules or regulations issued pursuant to this article of which the person has been given notice shall be grounds for suspension or revocation after a hearing for good cause shown. Mr. Molina was aware of his regulations pursuant to article 24 and the intent to deny renewal of his permit. The street Artist Committee held a hearing and found him in violation of numbers 2, 3, 15, and 17 of the code of conduct and revoked his permit for good cause shown. In accordance with the programs governing rules and regulations, the Arts Commission request that the board of appeals uphold the decision of the street Artist Committee. Thank you. Commissioner honda thank you. Clerk okay. Commissioners, this matters submitted. President swig commissioners, any comments . Commissioner tanner well, i have a few. I dont know that they lead to any particular conclusion. Weve got a lot of letters of support for mr. Molina from various members of the Artistic Community supporting his hard work and his participation in that community. While there were two previous violations, battery, which obviously was pretty serious in 2012 and 2015, that was some time ago without any other issues. And i dont take lightly revoking someones work away as an artist to sell their work. At the same time, what is probably most troubling is the lack of any remorse shown in this instance. It seems like a he said, she said, where the sergeant is representing events one way and hes representing events another way, saying i didnt do anything wrong. To me, thats kind of troubling for events that would happen in the future. I would be more open to a oneyear suspension of his permit, after which he would have the right to reapply, but i do think the Arts Commission is right to take this pretty seriously. Commissioner honda i will concur with my fellow commissioner. Being on this panel for the last sevenplus years, weve had several the three revocations that they mentioned all came before this body, several, many times, with a lot, a lot of drama that its associated with. At the same time, as the department mentions, it the use of that particular space is at the pleasure of the rec and Park Department which is a complete separate department. I dont think its fair for the other artists involved to lose their potential right to that space because of one particular artisan. So i ask the city attorney, do we have the authority to change it to a oneyear suspension rather than lifetime . There has been noticed before the Arts Commission as a potential revocation or suspension. Commissioner honda and just to follow up, i, too, find it very hard to take someones livlihood away. Thats the way they feed their family. Thats the way they survive in this crazy ridiculous expensive city. At the same time, as my fellow commissioner has mentioned, there are alternatives, he may not be in this location now, but there are other alternatives how he can sell his wares. I think there has to be some consequences, and at which point, as you mentioned, he has some other alternatives. President swig id like to ask how long has the artist been without a license at this point and been unable to sell his wares at that location . Commissioner honda can the Department Come up to the podium, please . I think that was partially in the brief. I dont remember. Yeah, i included in the brief. So his license was not renewed after june 30, which is the fiscal year turnover, and so he has been without a permit since july 1. Commissioner honda so its been five months. President swig almost six. Commissioner honda and was he still currently selling or did he abide by the restriction . Thats a really good question. We dont really have staff there except on friday, saturday, sunday. I do know hes been at the plaza, i also inform everyone of their alternative options, particularly the peddler permit when this happens. Commissioner honda and you understand our position in revoking someones livelihood. What is your comment i mean, if we do it one year, and i think hes leaning towards time served, to be honest, so that would be a sixmonth revocation. I mean, i think that sends a signal to other artists about what the consequences are about inappropriate behavior. We have implemented this code of conduct because there is a need, and i think the consequences are very important and a line needs to be drawn. We do not take it lightly. Commissioner santacana can i ask you, if we suspend him for a year, and its for six more months, what happens . You go through the screening process. The lottery is separate. Once youve been approved, theres a lottery the day of, but the review is before the body that governs the artwork. Commissioner santacana to be frank, if you just deny him in six months commissioner honda no, i believe it is i could make that choice, yeah. I could make that choice if i felt that it was inappropriate. Again, i i have other things to say but you did not ask me. Commissioner honda thank you. Commissioner santacana thank you. So unless are you finished . Commissioner tanner yes. Commissioner santacana i agree with all of your comments which land on both sides of this fence. Theres a lot for me on both sides. I do want to say that im fairly new here and this is my first time meeting you and seeing an Arts Commission case, and one thing that i as a commissioner really dont like is overreach, and there are a couple of things that i saw here which arent influencing really at the end of the day my vote, but there are a couple of things here that i consider to be overreach. One of the claim in the sergeants report is he moved his car in the end, which i think everybody has backed away from that claim. He didnt do that. The other is a claim that this picture is a picture of his middle finger, which frankly, i am not persuaded of the picture. I see two pictures. Commissioner honda theres two pictures, actually. Commissioner tanner there definitely is. Commissioner santacana i see two knuckles to the right of that picture. Commissioner honda what about the other picture . Commissioner santacana its the same picture just blown up. This biological question is not particularly important to my vote, but it doesnt look like a middle finger to me. Theres a few other things. The point is that ultimately, it sounds like he did violate the code of conduct, and the question is what is the punishment to fit the crime . Thats ultimately what were all wrestling with, and since were de novo, its up to us to figure it out. I feel that six months is a little light, actually. I would go for a year for now. Commissioner honda make your motion. Commissioner tanner and before i make the motion, i want to say to the sergeant, thank you for your work. My dad was a Law Enforcement officer, and what you do is try to make things right and get people on the right track, and you try not to write tickets or take people to jail. I dont want this to reflect on your work with mr. Molina, your work for the city and people of San Francisco, but rather to have a lifetime revocation from having mr. Molina being able to apply for a license from the Arts Commission forever is a little harsh. And mr. Molina, if this vote goes the way that it seems to be going, you better be on your best behavior if you ever hope to fallback into the good graces of the Arts Commission to have a permit. If you want to appeal that permit, you would not want to have anything on your record which would dissuade us from granting the appeal. With that, i am granting the appeal for a 12month suspension. After the one year has passed, the permit holder can apply for a permit. Clerk can we clarify for a date, june 30, 2020 would be a full year from the suspension. Commissioner tanner from today, yeah, a year from december 4, 2019. President swig yeah. Commissioner santacana is it correct, do you do applications once a week . So currently, the applications are done quarterly but were probably going to move to twice a year. Commissioner honda and when is that date . We are in a salesforce implementation at the moment, so im hoping to have the next screening either february or march of 2020 and then do six months after that. President swig thank you. So commissioner tanner well, maybe we should commissioner honda yeah, but i think if you sorry, and then february, is six months later, if its a year from now, itll cycle onto another 21. Can we just say to the fall commissioner tanner can they prorate fees . The president may be winning his argument. Commissioner santacana we can just do the fall 2020 application period. Clerk a date would be helpful. Commissioner honda she doesnt know it. Commissioner santacana in other words, itll say. President swig no, if you do know it, earlier than june 2020, then that will fall naturally into what youre trying to get at any way. Commissioner tanner okay. So what if we do this. What if i move that we grant the appeal and issue a oneyear suspension to the permit holder that he can apply for a permit no sooner than june 30, 2020. Clerk so youre going with oneyear suspension, not a year and a half . Commissioner tanner with the idea that, as president swig pointed out, that the next cycle he would be eligible would be approximately one year from now. Clerk well, what about the final determination . There is a tenday window and a request opportunity commissioner honda no from today. Clerk final determination oh, from today. Commissioner tanner yeah. President swig i dont understand wait, wait, wait, wait, wait, wait, wait. I dont understand. Timeout. Were getting off track. Julie, the goal was to do a oneyear suspension from the for me from the time it was suspended, so that would be from july 1 to june 30, 2020, and then, he is free to apply for a new permit. Commissioner tanner he can apply no sooner than the date one year. Commissioner santacana i think the directors question was just what was the determination date for purposes of our administration of this case. Commissioner tanner is it today . Commissioner santacana i think its today. Clerk well, theres a tenday window in which a rehearing can be requested. President swig ten days from today. Clerk okay. Well just go from june 30. Commissioner tanner we have the suspension until june 30, 2020. Clerk okay. And we have a motion from commissioner tanner to grant the appeal, overturn revocation and issue a suspension ending on june 30, 2020. On what basis . Commissioner tanner on the basis that this this is a most appropriate consequence to the actions taken. Clerk okay. And i work with Brookfield Properties on the 5m project. I also have a few other members on the project with me today, the project architect, and the projects landscape architect. Both of them are happy to answer any questions, if necessary. I planned a very lengthy presentation for this evening, however, im happy to report that we have reached an agreement between the city and the department to find a location for the trees to be transplanted. I sincerely thank the folks from the department of urban forestry and oewd. So while the subject of this appeal order specifically pertains to the trees the 5m project is at 5th and mission. As part of brookfields scope of the project, we will be delivering half an acre of privately owned Public Open Space known as mary court. This is a Development Agreement project that is also designated as a mayors priority project due to the extensive housing and projects itll be delivering. All the project approvals were developed with the understanding that this project would bring with it an influx of new pedestrians to the site. Keeping these Howard Street trees in the location conflicts directly with the approvals. We believe our goals and objectives for the project are fundamentally aligned with that of the department of urban forestry which is to align the urban forest and make sure that every resident of San Francisco has an urban forest at their fingertips. Clerk overhead, please. Now, this area of soma has been long underserved by green spaces and projects. This area has been served by fencedoff Service Parking lots which do nothing for the location except serve as locations for petty crime. Upon completion, these parking lots will be transformed by the addition of 45 new trees across the site. This is a sitewide landscape plan. In addition to the new trees and landscaping, the face will feature a stage for performing arts, a childrens play area, a dog run, all within a clean, safe, and welllit environment. The four southern magnolia street trees in question are located on the horse street frontage planned on the four afour 4 and 5 natoma Office Building here. The project teams explored the options of transplanting, preserving and replanting the existing trees onsite. Due to the typical growth of subsidewalk root structures, this would according to the projects landscaping and arborist, it is highly predictable that the trees would not survive until the replanting date. These trees would need to survive approximately 12 to 18 months offsite. It is for this reason the project seeks to replace these trees with healthy new specimens. While weve determined it is not feasible to transplant and replant the existing trees within the project site, weve agreed to work closely with city agencies to aid identify a suitable nearby offsite location for these existing trees. Now if unmoved, the existing location of the forestry trees in the middle of howard will be in the middle of pedestrian trees in the foot flow. Clerk can you zoom out, please. As shown on the screen here, leaving them in place does not align with the citys recommendations for the suggested 6 foot minimum public rightofway clearance inside public areas. While were physically widening the sidewalks on Howard Street, were max midding the shared public rightofway in the existing sidewalk widths by planting trees in a new location based on our new design for development guidelines. Much in the way that trees can be viewed as a public amenities, sidewalks are Public Utilities and we seek to do both in a safe manner. The project has proposed developed streetscape improvements that are consistent with our project approvals and city guidelines. This plan represents an increase of one net new tree. The successful delivery of this project, the open space, and the Community Benefit fees that come with it are crucial for the city agencies that have long been in support of the 5m project. [inaudible] thank you for your time, and myself and staff are happy to answer any questions that you may have. Commissioner honda so good presentation. Two. How long has this project been in the works . Nearly a decade. Commissioner honda and i bet you never thought that youd be very finish line, and a tree would stand in front of the finish line . Ive only been with the project two years, but certainly not. Commissioner honda okay. Thank you. President swig thank you. So youve come to a settlement. Whats your solution . So ourselves and the bureau of urban forestry will Work Together over the coming months prior to our planned removal of the trees if a permit is granted to find a suitable location in the city thats in need of street trees. And in speaking with representatives from the department of urban forestry today, it appears theyve identified some possible locations for that. President swig so i guess when mr. Buck stands up, he will recommend specifically what that solution is and then we will move forward to agree with him as you agree with him. Is that the protocol . Yes. President swig okay. Great. Thank you. Clerk thank you. Thank you. Clerk we will now hear from the department. Commissioner honda how many minutes does mr. Buck have . Clerk he has seven minutes. Im confident hell use them. Commissioner honda good evening, chris. Good evening. Chris buck, San Francisco department of urban forestry San Francisco department of public works, department of urban forestry. We received the brief and we were impressed with the details provided in that brief, and we both engaged in discussing how we move forward. Also other folks from the Mayors Office, planning, as well. One of the issues that came up was the Development Agreement, so a project thats slowly moving its way through the city right now is 3333 california. Really Large Development site where we actually did just include the trees as part of that discussion in a Development Agreement. So unfortunately, we all parties accept the plan that removal and relocation of the trees was essentially approved in the proposed streetscape plan. Unfortunately, we have to look closely at the Development Agreement, and check with the City Attorneys Office and with the department of public works and say oh, its close, but it didnt really account for the street trees. With that said, since that i am too, weve actually met with the Mayors Office and other folks at planning to make sure that in the future, just like 3333 california, the trees, street trees will be included when those discussions take place. Theres just one thing that all parties will be engaging in from this point forward. The benefit of that is when the project itself is being considered, proposed tree removal can be considered as part of that, and thats just what occurred at 3333 california. And im just going to do, again, an abbreviated version of our presentation, if we could go to the powerpoint, to the computer. I just want to provide some context. So these are the four subject trees. Theyre southern magnolias, and they were likely planted we planted them in the mid2000s under mayor newsoms effort to revitalize. These are incredibly old. Theyre only about ten years old. The replacement trees that would be planted onsite with 36inch box trees. We probably disagree a little bit with the appellant. They wont be the same size, but theyll be a good size to start out. The subject trees are not the largest in the world. There were a couple of protests received during our public works hearing, however, those folks who happened to protest happened to be attending the hearing for other items, so im not aware of any immediate protests of anyone in the Immediate Community specific to these trees. Tree number four is the smallest arriving of the four trees. Its closest to the corner. Theres conflicts with future visibility to the intersection. And i just want to provide these photos. I went to the site today. I always like to check in onsite to understand current conditions. The current conditions, as i looked at them today, are really problematic. We have a bike lane, we have bikes parked, and a pretty narrow path of travel thats pinched down at this point to 36 inches. So i want to provide the photos. For the bureau, this issue is really one of consistency. I want to be honest, were not looking to have every project transplant trees. I think its a slippery slope. I think the reasoning behind approval is compelling. We had to give it very close consideration, but weve denied other requests to remove relatively healthy street trees. In this particular case, were trying to say you know what . This is a Massive Development project. Lets look and see if we can get the resources to move these in other locations. A Smaller Development project, we may not kind of be inclined to do that, but for this project, its a tenyear project, were looking at, were really stuck being the ones saying oh, no, you cant remove these trees. So based on our meetings together and the appellants willingness to transplant the trees to other locations and seeing the writing on the wall here with this project, with no public protests, during this appeal window, we came up with a settlement that we would no longer oppose the removal of the four subject trees on the condition that they transplant them to locations in San Francisco that are agreeable to us. Leading sites that we have, delores street, its mostly magnolia trees. We have huge opens there. Some of them are 10 by 20 feet. We know we have at least four locations that require replacements along delores street. I would suggest sites that are closer, but a lot of the sites south of market are they have very narrow sidewalks, and we need a large area to have these trees excavated, moved, and then put back into the ground. Again, on the slide, giving you some of the challenges on the site. I didnt want to come in and just say we had an agreement, theyve agreed to move the four trees, but theyve used specialists in tree removal. Potential sites are along delores. If there are any in soma, we will consider them. Depending on the timing, public works may be concerned with temporary timing. Theres a view of trying to activate some space that could be a potential space to locate the trees across from a highway. In my opinion, i believe the project sponsor should transplant the trees. I believe its best that public works waters the trees. Again if theyre in soma or delores, its a longer route that is centrally located. If were going to ensure the survivability of the trees, id rather be in control of the watering by our department. Lastly, just to confirm, the four trees that are removed would be replaced with five 36inch box trees onsite, but were getting the benefit of at least moving these four trees offsite elsewhere in the city. I dont doubt the intent of them working with us. Thank you. Commissioner honda i believe we have it. President swig mr. Buck, your suggestion is a little ambiguous, with all due respect. Would you would you please suggest what your recommendation would be . Absolutely. That the transplanting be moved to four offsite sites in San Francisco. Commissioner honda at whose discretion . At sites acceptable to public works. Vice president lazarus mr. Buck, i have a question for your presentation. Why would it not be an option to the developer to water the transplanted trees . The trees would need to be watered Vice President lazarus dont you water street trees . Arent the trees under your departments priorities just now . It was actually a detail we hadnt discussed yet, but the trees that are transplanted will be needed to water weekly for about three years. Vice president lazarus oh, i see, because theyve been transplanted, it would be beyond a normal watering schedule. Yes. I would prefer to keep it in house. Commissioner tanner my question is about the survival of the trees. Is it your opinion they could be successfully transplanted to another location . I do. Its a lot of work, but i believe in this particular case, it would be successful. President swig and the cost of the transplant and moving to the new location is at the cost of the permit holder . Correct, and it would be a considerable cost. Commissioner santacana and do you know roughly what it is . Commissioner honda yeah. I knew at least 5,000 to 10,000 per tree, potentially a lot more. Some quotes can be 20,000 per tree. Commissioner honda they similar to a 48 box or 36 . Theyre roughly the size of a 48 box. Commissioner honda and what would be the cost of transplanting a 48 box . The 48 box would be less expensive because youre arriving with the tree instead of having to dig it up and having a lot of resources. Commissioner honda i mean, roughly, what are we half the price . A third of the price . I would say that 48inch box planting would be half the price of transplanting. Commissioner honda why dont we just get them to do double, brandnew trees with 48 box . Sure. Our department felt that that was being discussed at the departmental level, you know, should we require just a larger box replacement . But we had ocii look at possibly transplanting trees along folsom, so were trying to be a little consistent with some of our other recommendations. Commissioner honda okay. Well, this is de novo, and trying to get more trees at the same price. Thats why i wanted to add its a slippery slope. Youve heard us say before, the smaller the transplanted tree, the quicker it establishes. So were not looking to turn this into a transplanting effort, but it is something that we felt like we should ask for. Commissioner honda and as many trees because were the tree stewards here, right . Does a 36 box have a much more higher survival rate than a 48 and if so, how much is a 36 for the same price . Because i know as you go up, it gets exponentially more expensive, correct . Correct. And putting 48s back into that same location commissioner honda no. Hold on, mr. Buck. What im talking about, my idea initially was have them plant the same amount of trees, but 48 boxes. But youve said the 48s, their survival rate is not so good. What does it cost to do a 36inch box . I dont know that off the top of my head. Commissioner honda oh, do you actually know . Roughly 2500. Commissioner honda so 2500. So to move these four trees at 15,000 to 20,000 is 40,000 to 60,000. So why dont we put 36inch box trees throughout the city and make everyone happy . Clerk commissioner honda, its ao one to one agreement . Commissioner santacana were not agreeing to anything. Commissioner honda you as a developer, rather than transplant these trees at such a high cost and have four trees, you know, divide by 2500, you as a developer can say you put in 100 darned trees or whatever is that something you would be in line to agree with . So are you suggesting that the tree removal permits would be granted and then plant four trees elsewhere . Commissioner honda no. Im suggesting that the tree removal would be granted, and then whatever happens to these trees happens to these trees, and then, the 40,000 that you would spend in transplanting and watering, and all that stuff, that you would give the department 40,000 to plant a bunch of these trees in your name. Because these trees are going to be 10,000 to 15,000 each to move, so instead, you can donate 50,000 to plant magnolias in your name. Im a bit hesitant to accept that at face value. Id prefer to work here with chris to work out the details of that. It feels like id turn that over to public works in lieu of us performing the work themselves is sort of a different agreement than weve come up with today, and the old as i mentioned, were already giving about 76 million in Community Benefit fees commissioner honda no. I understand. Youre going to be giving the same amount to get the trees gone, and at which point, the check is done, and theres no other issues. I suppose wed have to come to an agreement commissioner santacana unless theres some reason were not catching, it just strikes us as wasteful to transplant four trees at the cost of 24 trees. Or at the cost of 100 trees. [inaudible] chris buck with bureau of urban forestry. So im understanding the commission, and i hear what youre saying. So perhaps what we could do, and i think youd be open to this. The cost of the difference between transplanting these four trees and planting with 36 or 40inch box, looking at what that difference is, instead of agreeing to transplant trees, look at that as an inlieu fee donation, which is a tax deductible donation. Anyone out there watching can make a donation today. That money would obviously supply us with several more trees. Its math that we can do. We wouldnt need to reschedule it, we would just essentially say, and i think it would be reasonable. Like, the appellant could get a couple of quotes for transplanting so we can realistically see what that difference is. I mean, were not you know, lets wed get a couple of quotes, and wed look at what that difference is, and the settlement would be for an inlieu fee payment of that difference because it would get us more street trees, and we are looking at more funding for planting. Commissioner honda i think my president will add onto that, that rather than going into a slush fund, hed probably want more trees going into these boxes that are currently empty. Am i reading your mind . President swig there are 40 trees in the north beach that need filling. Commissioner santacana i think my question for the appellant is if we give you guys time to talk over the next couple of cases or if you need a cup wiouple of days to talk your client. You dont need to come back, but it depends on your confidence to negotiate a settlement. Im confident we can negotiate a settlement. Our conversations to date have been respectful and amicable. Commissioner honda im talking about later tonight or do you need to come back. Clerk if you have to come back, itll be in january. Ill be on paternal leave in january. Commissioner honda congratulations. But well talk and come back. Clerk so well hear the next case while you step out in the hall, and then, we can resume well, we havent had Public Comment, so we need Public Comment. Commissioner honda okay. You guys go talk, well have Public Comment, i guess. Clerk okay. Is there any Public Comment on this . Commissioner honda oh, come on, you can speak. Clerk okay, so do we just want to put this case on hold while they step out . President swig yeah, julie, we were going to take a break any way about right now, so if we can take a break. Clerk okay. Were taking a break. Clerk welcome back to the december 4, 2019 meeting of the board of appeals. We are returning to item number 6. This is appeal number 19111, and the parties were working out an agreement. So mr. Mccloud, if you would like to approach and let us know. I yield to mr. Buck. Commissioner honda its too early in the evening for you to be doing that, but okay. Good evening, commissioners. Clerk we might put six minutes on because he has three after. This should be relatively brief. It was suggested that i should come up and explain the math on our settlement, but we can certainly from the appellant have the appellant come back up. So during the recess, we were discussing the resources to move the trees versus the benefit of using those funds for planting additional trees in the area. So the revised settlement again, they were already approving the plan, removing four trees and replacing five 36inch box trees on that site. Thats already committed to. So the settlement would be planting five additional street trees in existing empty basins close to the site, but that would also cover three years of watering. So you might see, why cant say, why cant we get 15 to 20 trees . Public works would like to lock in the watering. I think its a lot less splashy. I think the cost of transplanting, were throwing out some large numbers, anywhere from 5,000 to 25,000. Public works has a recent quote on another project, so without any motivation to make that a high or low quote, the difference to transplant a tree and a 36inch box tree, is 1500. Planting an additional five trees, whi trees, so public works would be agreeable to this as a settlement in lieu of transplanting four trees. President swig the holiday gift is a little more like getting socks under the tree, but sometimes youve got to wear socks. Yeah. Commissioner honda and how do we structure that because we are not in a position to be able to change the agreement, so thats an agreement coming from you, correct . Correct. So the recommendation in the settlement between both parties is that were public works supports overturning the denial, supporting the appeal, the condition sorry. On the basis a settlement has been reached between both parties, and if you wish to reference it, it could be based on the payment of five inlieu fees to public works for the planting of five trees in other locations south of market. Commissioner honda and water plan for three years, you said . Those funds include the watering for three years during the establishment period. Commissioner tanner could i just make sure i understand this. They were going to remove the four trees shown, the magnolias. They are going to replace the trees with five trees instead of four, and additional planting of five trees with 36inch box size. With 24inch box size. Commissioner tanner why is that . Thats what public works typically does. It would cost more money to plant a bigger tree. We use heavyduty sticks and screens. Approximate wou we would be doing the planting ourselves. Thats why. Commissioner tanner okay. Great. Thank you. Commissioner honda so make a motion . Clerk okay. Commissioners, this matters submitted. Commissioner honda this is a special kind of night here because we havent had this kind of fun in a while here, but ill make a motion to grant the appeal on the condition that theres a settlement between both parties that the permit holder will plant five in lieu trees, and that will include a watering plan for three years and also that the Department Report back to this board where those trees are located. Clerk okay. We have is it does anyone else want to add anything . So we have a motion from commissioner honda to grant the appeal and issue the order on the condition that it be revised to allow the determination to remove the four trees and continue the inlieu fees to allow for the planting of five trees, 24inch box size and three years of watering on the basis that this represents the greept of the parties. Commissioner honda and the department will report back where the replacement trees will be located and it will be on the basis that were getting more trees. Clerk on the basis that were getting another tree. President swig the tree canopy of San Francisco will be enhanced. Clerk do you want me to add that on . Commissioner honda its a joint motion. Clerk okay. On that motion [roll call] clerk okay. So that motion carries, 50. Thank you. President swig call the next case while im getting my clerk okay. We are now moving onto item number 7. This is appeal 19114, ernest tom versus department of building inspection, Planning Department approval. Subject property is 3001 26th avenue, appealing the issuance on september 20, 2019 to ai cheng liang of an alteration permit, convert existing roof deck to existing pop out, convert existing window to new door to deck. Well hear from the appellant first. You have seven minutes, mr. Tom. Commissioner honda good evening and welcome, sir. Yeah. Good evening, commissioners and executive directors. My name is ernest tom, and i own the house on 26th avenue next door to the subject property. Let me give a little bit of history of the houses in the area. Commissioner honda overhead, please. In the 1920s, houses were built similar from the