Joining us by zoom. Sxlt up front we have javier, and we also have Nicholas Craw board acting superintendent urban forestry. The Board Meeting guidelines are as follows. The board request that you turn off or silence any phones. No eating or drinking in the hearing room. Members of the public who are not affiliated have three minutes. Time will be three minutes if the agenda is long or if there are multiple speakers. We will give you a verbal 20 seconds when your time is almost up. Please email board staff at board of appeals. Now Public Access and participation are of paramount importance. Sfgovtv is recording this live. Also providing close captioning for this meeting. So watch the meeting, go to channel 78, please note that it will be rebroadcast on friz on channel 226. Sf gov. Org. Now Public Comment can be provided in three ways. One inperson, two via zoom, go to our website and click on the hearings then the zoom link. Or three by telephone. Enter webinar id 1202840. 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Do you swear or affirm that the testimony youre about to give in will be the truth, the whole truth and nothing but the truth. I do. Please put your speaker on mute. Commissioner we have one housekeeping item. The parties for item 5, have come to an agreement and would like the board to adopt. The agreement is dated may 18th and posted on our website. The appellant would like to briefly address the board so. Mr. Clip. You have three minutes to address the board. Ill just do this. Good evening, its been 1 19 days since we first convened to removal of these three cherry trees. Nine days john sent me a list, a list that he created himself walking block by block, i got a reply that they would get to work on it. Then there was 40 days of silence, by day 41, i called again and another 20 days of silence. On day 70, i followed up again. On day 77, public works emailed that they had no plan. I replied and never received an answer. On day 104, we had our first meeting to discuss the resolution. They could not answer tree diameter. On day 1117, we had our second meeting but public works forgot about it and didnt show up. So by day 118, yesterday, i told public works that we received an agreement. Public works filed a complaint and by day 51 issued a reprimand. And then i realize, this city can move fast if they want to. And two, i cannot save these cherry trees. Even though they were unable to articulate simple answers to basic questions, the removal of these two trees must stand that they were right and to a sage the bruised ego. So i gave up on that. I gave up on trying to protect the two trees because i believe i could not overcome. And while the city has apologized, it has never apologized to these two trees. Apparently, thats left to people like me. So tonight, im going to honor those trees, thank them for their lives, thank them for what theyve given us and unfortunately thank them for their sacrifice. Im going to read a japanese aico translated into english. 30 seconds. The cherries only fault, the crowds that gather when they bloom, thank you. Thank you. I dont believe any of the other parties want to speak, so we have comments . You do have to call Public Comment. Do you have a question or a comment . I have a question for the witness, if thats ~ appellant mr. Klipp. Yes. I guess, its more of a reaction and that is the story that you have told here, have you had the opportunity to tell anybody else about that . Im not sure who would care. Really im not sure. So i just wanted it to be said. Okay, i dont ask you out of levity or out of any lack of regard for your work on this and your efforts, but i do hope that there are other people in this building who are hearing you, and can do things that this board cannot do to address the very serious statements that you have made today. And i appreciate your here and other members of the public diligence in participating, not losing faith and helping resolve matters of importance to every one. And however long those trees would otherwise have lived, on the shade that they would have otherwise have given, i want to express my appreciation for your comments today. Thank you. Vice president. I want to thank you mr. Clerk for your diligent and important work that you continuously do for the city. Its not something that youre going to get thank for a lot in the world. Thanking is not what i get. I want to thank you because i see what you do and i see you here all the time and i appreciate it. And i know other commissioners do. Thank you. Commissioner swig. Josh you know from my past appreciations on the efforts, im very sorry, given i guess that im a City Employee that im the representative of the mayor, im sorry the department did not see fit to respond to you in a timely and respectful fashion. And i dont know what to do about that. Next time i see that department head, who have responded you to remind them that you paid taxes, you pay their salaries and they should be for respective and responsive to somebody like myself, we do it for the better good and sisry. I apologize that you want through that. My respect continues to be the highest and please continue your good work because youre a good conscious for everybody involved who this pay more attention. Mr. Lopez. I he echo the words of appreciation for your work. And at the risk of saying the obviously, waut your attention and diligence, we would not have a deal like the one that was accepted which is a net positive and i think its a result of your efforts, without which, i think you know, much more in this space would go unaddressed. And so thank you for your diligence on this question and other matters as well. Thank you. Thank you. We will now move on to Public Comment, is there anyone in the room that would like to provide Public Comment on this item . Okay, i do see a few handson zoom. The phone number ending in 2185, please go ahead. Please star of to unmute yourself. Speaker just in your point of confusion, the agenda online item number 5 of trees at 100 street, assumes no longer item 5. On the screen it says youre discussing item 5. We have a housekeeping items the parties for appeal number 23058 have come to an agreement and the board plans to adopt that, i will check online. Im not sure what youre looking at. Im looking at your agenda at your website. Thank you. So what agenda item is 1100 Mission Street . I have 100 Mission Street as item number 6. I think youre confused about the numbering on the website, you will see that 1100 Mission Street is item number 6. Its listed, so please open up the pdf of the agenda. Okay. Thank you, let me protest the apparent loss of these two trees. Okay, is that it . Speaker yes. Thank you, we will now hear from bunny, please go ahead. Hi, can you hear me . You have three minutes, please go ahead. Can confirm that you can hear me . Yes, you can. I was just, also looking at the agenda and it seems like the motion was suppose to be granted due to the removal and removal was consistent and it does not sound like those concerns were addressed. Im not hearing why those trees still need to be removed. And in addition, echoing, it also sounds like the city didnt actually care to do what the board ask, to find a solution to plant additional trees without the assumption that these two trees would be removed. I want to say that this is incredibly disappointing and erodes what others are doing. And the environment that we live in. I just want to say its a very disappointing all around that it feels like the appellant was not listened to. And i ask the board to agree to the plan to plant more trees and keep the two that are there. There has been no basis for their removal. Thank you. Okay, thank you. Is there any further comment, please raise your hand . Okay, Michael Nolte please raise your hand. Speaker hi im Michael Nolte, i was involved in the process of some of the original meetings and you know, it is frustrating trying to keep trees especially when the Community Feels that there is no need to remove then. And then, when it said that the there was some sort of agreement, how does one get an agreement na is being talked about today if its not in the website and it was not really mentioned so far. And its just frustrating all the way around dealing with city departments. The many years that, i grew up in San Francisco and im still puzzled how the Government Works and does not work. And like was mentioned already by the commissioners, you know if youre from San Francisco, you live in San Francisco and you pay taxes and you like the elected official and you hope that Government Works better. It seems government working for the people or this is just a bunch of people that go to work and for themselves and not the people. So frustrated all the way around there should have been a better outcome no removal of trees is necessary if there was no reason to remove the trees. And more trees need to be planted in San Francisco, period. Thank you. Thank you, and just to address the question, the agreement is posted online under the supported documents on this appeal. We will now hear from john nolte, please go ahead. Speaker good evening, i have a couple of issues here. One that this is, the we, modeling a japan town center there. Is the real issue why this is happening because of the and it was really not discussed. And therefore were talking about multi Million Dollars for the fixing of the garage and the plaza. And so, there is money there but they dont want to discuss money. I think when you have a multi Million Dollars budget and discussed the last time around, about people here, when i was formed and so forth, the issue is here now. Why only 9 trees of which i see is the agreement which is good and indirectly but at no timeline and if there is no money for it and if there is no agreement to watering them for three years, you know, you need the whole package. You need to know the reason y they have to be removed which we dont know and also we dont have, really no source of money for the planting of any trees and what department is it going to be rec and park . Or what the department is going to plant trees and be acknowledging that these trees would be planted. I dont think that is really being discussed. You had an agreement but again, i took time several hours, i dont see the trees that i pick because they have a thing about doing their own thing anytime they get any kind of a list. So i question, the process the agreement, the length it took to the agreement. And also what is going on between buff, the board of appeals and not being able to get a more accurate functional City Government when these things are discussed in an open forum and not having, not being coming to a real settlement. So because you have an agreement but that does not mean the agreement is going to be enforced because there have been other agreements about trees and they still have not been done. Sol. Its great that we have, we have come to the board of appeals for an agreement and so forth. But the followup. And so, thats what we need to followup and also more transparency on how these things work. Second, for your time. Thank you, is there any Public Comment . Pleas raise your hand. I dont see any. Commissioners this matter is submitted. Commissioners, do i have any discussion or a motion starting with commissioner swig . Sure, julie, i cant im having trouble with my computer and weve gone paperless and im an old guy that needs paper. Settlement, related to the last Public Comment, the in the agreement is there a time line when these trees are to be replaced . Yes, its everything is spelled out in the agreement. Can you, would you please. Pull it up on the screen, alex, please. So i can see. Its by midoctober. Its posted online. To be replaced with a deadline. Thats great, thats what i want to know. Im sure if if those trees are not in by midoctober, first i want the executive director to please, put an article file to ask dbw if those trees are in by october 31st because weve got experience with promised made and promised broken. And im sure that mr. Klipp will come in Public Comment on october 31 if those trees are not in place. But just in case, id like to hold dpw accountable because there seems from the public a concern of that this is not a series agreement. Did you want to us show the agreement online . Its not necessary. I just got answer, which is the timing but weve had prez, i can think of the library, i can think of the the thing on eddie street where that test is in the parking lot there. Those promises have not been kept the public has spoken in Public Comment, that there is a level of mistrust. Our position here on this board of appeals is to build trust between the public and the trust with city hall. So thats a good way to send a message that well be looking. Thank you, commissioner swig. Im wondering president lopez is dpw here to talk about this settlement . It looks like we have a representative here in the room. Nicholas craw board is here. They dont have any comments, they have come to an agreement and they didnt feel necessary to speak. Do you have a specific question for them . I did, i didnt realize they were here. Usually they come up and say, we have no comment and were here to answer questions. I missed that part. I mentioned that only the appeal appellant wanted to address the board. Im sorry if that was not clear. Well i have questions. Okay. Nicholas crawford acting superintendent. Thank you, i see in the written document that its not removal of two trees, it is the addition of 9. What seems to be a negotiation and agreement. As i heard mr. Klipp earlier, it sounded like dpw was not meeting or communicating. Is this a bona fide agreement . Or is it something where you just gave up . Sure, i was not part of the negotiation, but im here to represent the department so it would be hard for me to the conversations that brought us here. If this is something that you accept, then they would absolutely be a binding agreement between us. Are you aware of any of the negotiations. I was familiar with the conversation because we were talking about things as we go long, but if there was a specific communication gap, i would be look into that. Did you hear him describe the 1120 days, is there anything in there that was incorrect . I was in those conversations but i can followup with you. Is sounds like there were no conversations. Im trying to get a sense as i look at this work, one level it looks like its negotiation and agreement. Lose two, get nine trees, nobody gets everything that they want, it seems reasonable. On the other hand, as testified, that it sounded like there was a delay or there was a meeting that was scheduled and people forgot, or there was a meeting and they were not prepared. Im trying to get some inside as ho how seriously the Department Took the instructions from this board when we said were continuing this for the purposes of the parties to meet, and to reach an agreement. For us, it could have been a couple of things happening, where this was rec park project initialed and we were involved from the perspective of the trees, if our conversations were not being related that would be part of the issue that is being described. But in the lead up to this, we inspected the sites and marked them for utilities and determined if they were valid. So we stand behind what were proposing and the basil area is, its rounding up to more than fulfill that comparison and making sure that were planting nine trees that would more than offset the basil area lost. I only have two questions i dont want to be labor the point because there is an agreement. Can you articulate the removal of the two trees . Yes. Can i use the projector . So these are the trees from one perspective and then from the other perspective. Theyre small trees, very small canopies. The cherry trees and the sidewalk space. So, none of those things are factors for removal, but this is much different perspective. So from this drivers perspective, the trees arethat small profile can be. I didnt realize that there is a streetlight there. So right underneath, you can barely see the green light t. Does obstruct the visibility of that traffic light. That would be a way to mitigate that. So you can still see the traffic light if we could raise the branches. Since the cherry trees, they cannot get that big to below that site line. This is not something th were driving around looking to remove trees but when there is project like this, it prompts closer examation, thats what brought this concern. If it ab instructs the traffic line, andobstructs the traffic line, and. Well when the department decided not to speak to us, they could have said this. Im just one member but i think you heard my colleagues and i would hope that the message you heard here pretty unanimous goes back to others in your department so they can reflect upon the level, the harming of credibility when we hear things from members of the public and we dont get a response from the department. Thank you. Im happy to take any other questions. Thank you. Message received. Thank you. With that, seeing no further comment, ill make a motion and i may need your help with this julie, i beli