The Board Meeting guidelines are as follows the board requests that you turn all our cell phones or Electronic Devices so they will not disturb the proceedings. Appellants and respondents are each given seven minutes to present their cases and three minutes for rebuttal. Members of the public who are not affiliated with the parties have three minutes each and no rebuttal. Time may be limited if the agenda is long or if there is a large number of speakers. For rehearing requests. The parties are given three minutes each with no rebutt al. Four votes are required to grant an appeal, modify any determination or grant a rehearing request. If you have questions about requesting a rehearing, proceedings, or appeals, please contact the board. Sfgov is broadcasting and streaming this item live, and we will have opportunity to offer Public Comment on every item on the agenda. It will be rebroadcast on fridays on channel 26. A link to the website is found on our website, sfgov. Org boa. You can join the zoom meeting by computer. Please go to our website, sfgov. Org boa and click on the zoom link or you can call in 8884754499, and then enter the webinar i. D. 81781676946. If you want to block your number before you call, press star67 before you dial in. If anybody needs disability or technical assistance, you can make a request to by email at boardofappeals sfgov. Org. I would like to announce that the board office has moved from 1550 Mission Street to 45 vanness, suite 1475. Please note that our physical office is currently closed to the public. Now we will swear in all those who intend to testify. If you intend to testify at any of tonights proceedings and wish to have the board give your testimony evidentiary weight, please stand and raise your right hand. Do you swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth . Okay. Commissioners, we do have two housekeeping items. Item 4, t19144 at 49 drum str we will not be hearing that item tonight. The second is item 8, 11741176 potrero avenue, the parties would like to continue the item to the call of the chair while they work on a solution, and we do need a vote to continue that item. Does that require any Public Comment, julie . Clerk yes, it does, so is there any Public Comment on continuing that item, please raise your hand. I see a few attendees raising your hand. Miss down, are you here to speak about this item being continued . No, im going to speak about something different. Clerk okay. So were going to hold off then. Well get back to you. Okay. I dont see any Public Comment on this item, so do i have a motion to continue it to the call of the chair. Commissioner swig so moved. Clerk okay. We have a motion to move from commissioner swig and second from commissioner santacana. [roll call] clerk okay. So the motion carries, and the item is moved to the call of the chair. We are moving to item number 1, which is general Public Comment. This is an opportunity for anyone whod like to speak on any matters in the boards jurisdiction but is not on the calendar. Miss down, are you here for general public calendar or a specific item . General Public Comment. Clerk okay. Would you like your video okay. Were going to move you to a panelist. Miss down, are you ready . Yep. Clerk please go ahead. Okay. Yeah, i just wanted to raise an issue and talk about something that happened in hayes valley. The three wells two of the tree wells that were dug up for replacement trees were concreted in by mistake by the contractor, and luckily, i spotted it in time, and i emails ana and madeleine, and she talked to them, and susan went to doublecheck that the fix was happening, but i wanted to raise that as an issue because i think it would be worthwhile to make sure to put some extra processes in place to make sure it doesnt happen again . I feel like i have to check on the tree wells to make sure theyre not getting concreted in. Thank you. Clerk thank you very much. Okay. We will now hear from the caller whose number ends in 4906. Please go ahead. This is kendra sharick. Im one of the appellants on the 24 street case. Id like to follow up on what was just presented about the cementing over of the wells in hayes valley. As somebody who has worked very closely with b. U. F. And with the other appellants to try to create some trust and transparency and good faith, when we see these things happening with the pruning and the cementing over of the wells in hayes valley, i can say its very alarming, and so im calling in just to put forth that these things are that weve been made aware of them, and that we find them extremely concerning, and that well be extra vigilant with the 24 street things, and i hope that all of us can be extra vigilant that this will not follow suit when it comes to the tree removal in our neighborhood. Thank you. Clerk thank you. We will now hear from miss siutot. Okay. Is it possible for me to share my screen . Clerk yes. Okay. Im calling on hayes valley. I just want to share some photos. This is some of the pruning that was done. We were a little shocked. About 80 to 90 of the foliage was removed, and the arborist that was hired by the 24 street folks looked at this and i think made a phone call to carla about how inappropriate this pruning was. Thats one photo. I have a couple more. This is one im sorry. You can see they basically just chopped off one half of the tree. Im not sure what the goal was, but its very unaesthetic. Heres another one where they seemed to have chopped off half the tree, and heres another one where they basically just chopped off half the tree. So im just very concerned about the type of pruning thats being done. It doesnt seem it doesnt seem right. I dont understand quite what the objectives are, and im hoping that they can come back and maybe fix it so that it doesnt look so awful. For the ones where they took off too much foliage, i dont think they can be repaired. But i just wanted to bring this to your attention because i dont think that the prunes is going very well. Thank you. Thats all. Clerk thank you. We will now hear from mr. Klipp. Mr. Klipp . Yeah, i also heard about the hayes valley cementing, and it was really disheartening because part of what we did in the 24 street matter, and we had this budget shortfall coming up, and we tried to find ways that we can work with the city. But i also do want to acknowledge that madeleine of the bureau of urban forestry was quick to respond to that, and i appreciate that. Thank you. Clerk thank you. Is there any other general Public Comment, please raise your hand. I dont see anyone else raising their hand. Okay. I do see one person raising their hand. One moment. Okay. Mr. Karnazes . Hi. Can you call hear me . Clerk yes, welcome. Thank you. My name is zach karnazes, and im a disabled advocate, and i want to thank everyone speaking up about another incident with d. P. W. , about their misuse of public funds and violating public trust in their care of the urban forest and natural habitat. This happens frequently. Theyve been cutting down trees since their appeals process. Their director, mohamed nuru, was arrested on charges of fraud, and study shows that this is the norm. I am not naive enough to believe that that department is worthy of that public trust right now, public trust they can continue to violate. I would like to see this board really recommend for appointing new members to the positions that are filled. Youre not going to get rid of corruption if you have the same people doing the same things. Im talking about chris buck, and nancy sarai, and the other people in that department that continue to do cut downs and removals. I also want to speak to how hard it was to get access to a disability presentation. Its usually quite easy, but this particular one, being denied that accommodation was really concerning, and im glad that its being granted now, but its really important that disabled people have the same access to public meetings, and moving another item up on the agenda is a really basic, nocost way to solve the item on the agenda. If theres another person struggling with Health Problems on the agenda, please, by all means, let them go first. But the only way for me to present an item or speak on an item, is to move my item to first on the agenda. The only way that people with disabilities will have the same access that everyone is to have access granted. Clerk mr. Karnazes, i did not know you would be presenting at tonights meeting. That was why i answered it the way i did. Okay. Well move onto commissioner comments and questions. Commissioners . I dont see any, so well move onto item number 3, adoption of the minutes. Commissioner swig motion to approve. Clerk okay. Is there any Public Comment to commissioner swigs motion to approve the minutes . Okay. I dont see any Public Comment, so on that motion [roll call] clerk okay. So that motion carries, 40, and the minutes are adopted. Karnaz i was raising my hand to give a Public Comment. Clerk oh, im sorry. Go ahead. Im visually raising my hand. The minutes for its july 29, 2020, is that correct . Clerk yes. They are not available on the board of appeals website to the public right now, and i dont think they should be available to the public until we can make sure theyre an accurate reflection of our statement. Clerk they are available with the Public Comments on our website. We put that with the hearing date after theyre approved, but are you suggesting that the draft since this is for example, this is item number 3. If they are posted on our website, its item number 3, but youre making the suggestion that we also post the draft possibly with the hearing date . Because they havent been adopted yet or they have now. Well, just like on the board of appeal website, if you look at the tabs, it has the agenda, minutes, and supporting documents, and for this meeting that were talking about, and july 15, and july 8, and june 27, and june 10, theres a category, but nothing there. Clerk right. Once the minutes are adopted, we put them next to the hearing date. So this is part of the supporting documents. Tomorrow, well post them. After theyre adopted, we post them. Okay. I appreciate your patience with me. I dont mean to derail the meeting. Clerk no problem. Clerk . Am i incorrect in understanding that in the past, theyve been posted clerk we post them after we adopt the item number. Okay. Thank you for the clarification. Clerk okay. So we are moving on. We are going to move onto item number 5. Item number 5 is a rehearing request for appeal 19099. Subject part at 24 street between pat remember ootrero s Mission Street. Zach karnazes is the appellant. This matter was decided on july 15, 2020. At that time, upon motion by commissioner tanner, the board voted 41, to grant the appeal and issue the order with the following four conditions only 33 trees shall be removed on 24 street. These trees shall be replaced by 50 trees that are of gingko and red maple variety and shall be in at least 24inch boxes. Further, they shall replaces within three months of removal. The removal and replacement is block by block and the trees and the stumps must be removed prior to moving onto the next block. An additional 95 trees shall be planted in the neighboring blocks as identifies in the Mission Verde plan that was presented at the hearing on july 15, 2020. The sees and species shall be determined size and species shall be determined by sfpbbuf in agreement with the community, and these trees shall be planted within six to 12 months of the hearing date. B. U. F. And the community shall review the sites together and ensure that the murals are protected. Any wood from the trees that are removed shall be made available to the community for art. The stakes that are used for the trees may be utilized by the community in collaboration with b. U. F. , for the purpose of displaying and showcasing art. Any damage trees shall be replaced within two months. B. U. F. And the community shall Work Together to develop a watering plan for these trees as submitted in the Mission Verde plan submitted on july 15, 2020. Prior to the trees being removed, there must be an opportunity for a recognition ceremony that is safe and socially distanced in order to say goodbye to the trees. This ceremony shall be organized by Mission Verde and calle 24. Mr. Karnazes, you may present. There was so many problems with this hearing. At one point, somebody was requesting that i share my screen because we couldnt access it. At one point, we had Public Comment from a mrs. Boler i hope im saying it right saying, people who dont have access to a computer, especially now with public buildings closed, where they do use the computers. So we had a people with tech issues, and i dont think its their fault. These meetings are confusing and hard to access, even though theres been some excellent efforts on the part of staff, but i do think there was a serious access barrier. I think these meetings can work well with five people, ten people from the public, but when youve got huge numbers of people like we had on july 15, many of which had been to these meetings before, had no idea on what was going on or how to be included, i think this board was really looked for the input that they received. In addition, this board has not even considered or spoken at all about the disability violations, and the accessibility violations leading up to our first appeals hearing. Chris buck said in his reply i think service chris buck, correct me if i am wrong, but there were public hearings on april 26. It wasnt until after i filed my appeal that the department of public works began to try to be in compliance with the americans with disabilities act. The fact that the actual hearing for these trees was inaccessible to me as a person with disabilities. I didnt know about it. The notifications are only put on trees, so i think it would be good if the board could consider and talk about the disability violations here, but they havent, so thats why i think there should be some consideration for a rehearing where those things with spoken about as well as those things seriously lacking on july 15. Thank you for your time. Clerk okay. We will now hear from carla short from the bureau of urban forestry. Can we spotlight her, please . Thank you. Good evening, president lazarus, Vice President , commissioners. Carla short, department of bureau of urban forestry. I would note that mr. Karnazes said that theres no realtime sensitivity to that, and i would just disagree with that assessment, as we have, in the intervening months, since this process began, we have had to limit failures along 24 street. And so the departments perspective is theres no new information, and therefore, we would request that you deny the rehearing request. Clerk thank you. Is there any Public Comment on this item . If so, please raise your hand. You called in, starnine. If youre on zoom, raise your hand. Okay. I dont see anybody raising their hand, so theres no Public Comment. So commissioners, this matter is submitted. President Lazarus Commissioners . Commissioner swig a motion to deny the appeal. I dont think theres any new information. The standard is very high, and i didnt hear any information that was presented before. Did yi did want to comment e requester. As an important and somebody on this board, i take very seriously the rights of Public Comment as well as those who are disabled to be accommodated. I dont think its accurate to say that the members of this board have not considered the complaints that have been made with respect to Public Access and the access for the disabled. Speaking only for myself now, i would say that we have made tremendous efforts in a very difficult situation to make it possible for the public to participate openly and freely, and i would like to thank our executive director for the efforts that she has made in that regard, and so i would support denying this request. Clerk okay. So we have a motion from commissioner swig to deny this request on the basis that theres no new evidence. On that motion [roll call] clerk okay. So that request is denied. Thank you. Okay. So we are now going to move onto item number 7 thank you. I believe item number 6 went away. This is lance carnes, at 15 joy street, appealing the issuance on june 16, 2020, to joy peak, l. L. C. , of a public works order. The applicant agrees to retain the trees as long as possible to mitigate disruptions during construction. Two, replacement with two 24inch box coast live oak industry trees. Tree Protection Measures shall be installed prior to the start of construction. This is order number 203269, and mr. Carnes, well hear from you first. Please spotlight him. Mr. Carnes, are you there . Operator trying to get the audio from him. Clerk okay. Bear with us. Were having some technical issues. Operator do you want me to give him a call . Clerk okay. President lazarus okay. Do you want to give him a quick call . Operator yeah, ill call him right now. Clerk well give him a few minutes, and, president lazarus, if approximate we cant get him, well go on and get back to that. President lazarus thats fine. Clerk thank you for your patience, everyone. Operator i just spoke with mr. Carnes. He will be joining us shortly. Thank you. President lazarus okay. Clerk okay. Mr. Carnes . Welcome. Thank you. I looked at the agenda and figured i had time to get a drink of water. Clerk okay. Were ready for you. Okay. Clerk you have seven minutes. Okay. Thank you. So alec has my slides going there. Good evening, president lazarus, Vice President , and commissioners. Im lance carnes, and were going to show the joy street project. In december 2019, one tree only was posted for removal. March 2020, b. U. F. Rights and order to remove four trees. Public pointed out that only one tree was publicly noticed for removal. B. U. F. Committed three major fouls. Allowed trees to be removed without complete filings, total of three trees to be removed. Altered their Public Record to accommodate the notification. First, well look at the subject property and then at 15 joy street. So if you m