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, preser