A moment and thank leo and jesse larson from sfgov for broadcasting this meeting clerk, any announcements . Completed speaker cards and documents to be included should be submitted to the clerk. Items acted upon today will appear on the may 10, 2016, board of supervisors agenda unless otherwise stated. Lets get start item one a resolution approving the designation of forest on mshthd and spear street good afternoon mr. Lazzaro hes here ladies and gentlemen, hes staff of the Arts Commission will present on this item. Thank you, supervisors for hearing this that he appreciate it on behalf of the street actors whom the Arts Commission willss were here to does for your recommendation to designate 4 additional artist street spaces think Market Street north side of Market Street at spear street you may recall that under 3 separate regulations you have designated some 2wr0 other spaces on this same block on the same side of the street were we asking for a remaining four those four would be in compliance with the other spaces that youve designated that are 10 foot by 10 foot spies to meet the size of what they cotton the easy up tents they use it looks like a beautiful market fair arts and crafts fair and highly successful fair in order to provide for the 10 by 10 just as you did in the other resolutions k3789 the spaces from various regulations of police code and excuseme. Typically well before i state them youre probably aware under ordinance 344 dash 83 you are authorized to exempt a space or an area of spaces from any or many of the regulations as long as as the exemption are not inconsistent with the purposes of the regulations and, in fact, over the since 1983 you have in offer 40 resolutions exempted street arts spaces from various regulations and so to begin with all 4 of those spaces were here before you on behalf of would be exempted from the displayed spaces is 3 by 4, 4 feet wide by 3 feet deep and six feet at all exempted as well as the height the height will be instead of 5 needed to 7 feet again with keeping with the other spaces the four spaces are exempted from the 5 foot distance between booster regulations and in this case theyll be next door to each other as the other spaces two of the spaces of the four will be exempted from the distanced from the crosswalk regulations that is normally says that a space will be 5 feet away from a crosswalk in this case theyll be opposite the crosswalk but interestingly and ill go this this sidewalk is 48 and a half feet wide so with these spaces and their exemptions just like the other spaced on the sidewalk they would be 1800 19 and a half from the front of the booth to the adjacent hostility regulationcy hotel over two times the required way width and similarly the back of the boat is 19 square foot away from the curve in this case the sidewalk and again that is like over two times this requirement for a passageway directly opposite the crosswalk are a tree and lamp pole ive observed they dont heroin the flow of pedestrians we feel safely that that two of the four spaces were requesting would be in line with the tree and the lamp post and not hinder pedestrian traffic so that i think ive covered all of this oh, one more regulation one of the four spaces would be exempted from the distance from the 10 foot distance from entrance how it is measured if you look like an entrance a doorway youll measure parallel 10 feet away aperpendicular and 19 and a half feet opposite that entryway that is actually a subterranean entry exit so far a vehicle of the hotel and again and theres a railing opposite that two so again that space will lead 17 and a half feet of pedestrian passage way again morning twice the requirement anyway, im hear and ill be happy to answer your questions if i can. Thank you, mr. Lazzaro colleagues, any questions seeing none, Public Comment at this time all right. Members of the public that would like to speak on the item come up to the microphone as a reminder 2 minutes a soft chimney with thirty sections remaining. Thank you, supervisors my name is tale of two cities sky ive been a street artist since 1974 since the mr. Lazzaro took over im a cheerleader and in fact, im confused by the numbers but know where they are we have very Good Neighbors with the neighbors and streets of San Francisco artists are popular like the artists and they say we gentrify the area and one of the reasons this is important weve had the arts and Crafts Market at herman plaza it is popular as other spaces around the city have become less popular we expanded down Market Street and in other words, to do that weve had to come and ask for more spaces unlike the craft fairs i saw supervisor wiener others a festival a couple sunday good those are think on this weekend but those spaces are all year round so you can make the cost of living so i urge you to agree and recommend this proposal not o to the full board and want to thank supervisor peskin for on the edge of his district very, very vocal and a nice supporter of our program i appreciate your support and thank you very much all of you. All right. Thank you is there any additional Public Comment on this item please come up. My name is maria one of the managers the market over there we do assign people the spaces and everything and those spaces are important for the other people sometimes, we have one hundred and 50 people and on this 95 so this will add more more spaces a great relationship with the hyatt to Work Together thank you. Anyone else seeing none, Public Comment is closed at this time and the matter is in the hands the Committee Colleagues a motion on that item. Move we forward with positive womens by supervisor wiener and without objection amazing all right. Get to item number 2. Item 2 ordinance to seriousy massage with the conditional use preliminary and north of market. April on for supervisor kims that will be presenting on item 2. Good afternoon, supervisors again, im april and im here on behalf of the jane kim thank you for your consideration of this legislation today supervisor kim has forwarded this legislation to change the north of market special use district to allow massage serves as part of the existing businesses with the is that a and the special use district prohibit massage establishment unless part of a hospital are gym or Residential Care facility Diego Sanchez is here to talk about the analysis and the north of Market Street special use district was passed at a time a prohibition of massage establishments to protect the Public Safety health and safety that was very much a communitybased initiative and this change seeks to update the recognition of the positive changes in the neighborhood and the Community Effort over the years to encourage new Small Business opportunities in the tenderloin the legislation seeks to strike the balance to support Small Businesses and Small Businesses that are desired in the neighborhood that legislation enables massage establishment as an accessory but requires a conditional use for any business that will utilities this opportunity for massages in the special use district and with that, i hope youll support this legislation today and building that Diego Sanchez is here from the Planning Department to subscribe the Planning Departments staff report. Thank you. Thank you. Mr. Sanchez. Diego sanchez superintendant on march 10 the commission heard those and the Planning Commission moved to remedy the proposed ordinance the commission strongly support the cus for the personal services in the north of math sud from the increasing access to Massage Therapy and establishing the regulatory controls that concludes my presentation. Wow. Thank you appreciate the brevity anyone else im going to open up for Public Comment it is open at this time you can come up and share with you as you good afternoon, supervisors my name is Carolyn Smith and my husband sunny and i have been working for two years now on convert an old brick building that was formally a mechanics garage into a japanese style 135 with limited to our business first a restaurant a japanese inspired restaurant with fresh vegetable dishes and a large key moe menu we have 6 treatment rooms for facials and others massages and lastly well have communal bathing elements there will be a soaking tube and a steam room were a Small Business opening in the heart of tenderloin and the focus of the elements of our business will be fostering wellbeing and community the treatments well offer will permit relax but support our clients wellness and goals we feel like massage is a valuable part of my well routine program were well aware of the amendments to the health code and will follow those and will Foster Community with our clients and neighbors that offer a acupuncture and on one day a week for our neighbors thank you very much listening for listening. Anyone else. I work for central collaborative that is part of clinic but here im here to speak on behalf of brenda washington who is a tenant in the collaborative and a tenants of Jefferson Hotel couldnt be here im reading her statement im brenda with the collaborative in jefferson which is a neighbor for this business we support this amendment for planning code to permit the massage the owners have gone to Numerous Community meetings that were held and tenderloin stations and other places theyve discussed their business and we totally support and hope you support this thanks. Any other members of the public who will come up . Hello and told me im kathy and im from the Cadillac Hotel in support of sunny and carolina theyve been Strong Community members and it is important to have a dialogue it is interesting im supporting this product i want you to know i believe theyre committed to the community and its wellbeing thank you. Good afternoon, supervisors im john nolte a board member of the planning collision in 1999 we passed the north of market special use district the business came to several meetings before they asked for an amendment we told them they couldnt do their business because of special use district and no meetings and outreach to the community to deal with the proposed amendment that is going i urge the board not to amend the special use district we had a coalition involved in 1999 and not enough Community Members were you outreached in the packet there be no letters of support for this item so up urge the board to deny this amendment to the special use district and no recommendations to the full board thank you very much. Anyone else . Okay Public Comment is closed. Thank you all right. This matter in the hands the committee and a motion by supervisor cohens and without objection the motion to full board with a positive recommendations call item 3. Item 3 motion from the land use and transportation at the board of supervisors is with the attorney Attorney Client privilege for closed session for the purposes of kevin with and getting advise for the litigation arisen out of the north focal island on the street and referred to the california code and the San Francisco administrative code 67. 102 to remitted this discussion in open session will be likely prejudice the city in the anticipated litigation. Thank you mr. Clerk. The clerk should call the owners that the committee will be considering today, i understand the closed session is part of potential consideration of the ordinance. The oxen is the pine tree as a landmark. All right. So intending to proceed first a presentation from staff of the urban Forestry Council and then well take Public Comment then the committee will entertain a committee to hold a closed session to confer with the City Attorney and not take actions on the issuance but will reconvene and consider taking action so thank you for calling those items together im to call up the urban forestry of the environment to give you a brief presentation on this item. I provide the staffing support for the department ill briefly go over the landmark designation so far the trees it is near to some of you and go over the process for this particular nominated tree in general all landmark trees are nominated theyre all designated by the board of supervisors the urban Forestry Council serves as part of progress and landmark tree nomination came from the owner of labor subject and the agencies and the Historic Preservation commission is the land use advisor ordinance the board of supervisors can nominee and once a nominees is made the staff will perform on onsite evaluation and the Council Holds the landmark tree hearing at that public hearings a specific time for the pertaining to have a say follow at the hearing the vote can go one of 3 ways but regardless of the economy recommendations to the full council the nomination to the full council for the consideration one of 3 outcomes to the vote and in all cases to pass a motion they need 3 members to pass the motion a suppo nomination will be a recommendation 3 of the members voting against or a split vote they cant get the votes for the tree like i said, it goes to the full council for consideration had the full Council Holds their nomination the chair will provide a report on the committee the Committee Hearing and then at the end of the hearing similar to the landmark try committee theyll have a 3 okay either for against or split 15 members of the council so will members needed to vote for or against the motion if denied by 8 members the 23450e78gs stops otherwise with the slit voted for the board of supervisors for consideration additionally important to note that all landmark dont need to meet all the requirements but it meets the threshold for landmarking ill provide for detail for you if youre interested and in this case the nomination for this tree the hook north pine was made by the Planning Commission the Property Owner didnt give permission to ensure his property for an evaluation of the tree we were able to get permission from the estate of the next door neighbor and Council Members and staff rendered the evaluation the landmark Tree Committee held two meetings at the end of the first hearing didnt have enough information and at the end of the second hearing a vote of 2 to one 3 Council Members we are present and two voted against one for so this went to the full council no recommendation from the committee at the full council they had two hearings after the first hearing a 5, 5 vote 4 members in favor against because they needed 8 Council Members that was a slit vote with no decision this is what went forward to the board of supervisors in in response, the urban forest was to reconsider the council did in march of this year at the end of that the Council Voted 9 members in favor and two against this is today, the nomination is back before the board of supervisors for consideration. The urban Forestry Council supported this bans 4 criterias the trees attribute and environmental benefits and ill be happy to answer any questions you may have. Supervisor wiener. So i noticed in the packet this is amongst did tallest trees in San Francisco. It is quite at all. I know this is out of a catalog and the tree heights change but can you elaborate in terms of where in from the photos it is enormous. The tree was quite large they found that meet the landmark tree but the physical go attribute are the age, the try is estimated between 70 and one hundred and 20 years old at the lower end of the angle an advanced age for a tree in San Francisco. There was also a socalled sister tree another tree that was planted at the same time the owner removed that tree. We were told that 3 other trees were other than the property and one was either a hybrid or a pine that was either on this parcel or an adjacent parcel and p that appears a multi parcel lot. My understanding this tree is any removal is not about for example, creating more housing. Theres no plans to or developments for the location of this tree and removal is not one of the criteria for consideration we didnt see plans and wouldnt be able to consider any plans for housing for the tree. Ongoing thank you. Any other questions i dont think there are any other questions supervisor peskin thank you for your presentation. Now Public Comment is there anyone from the public that wishes to speak on this presentation please come up and do so. Hello, i provided a picture to answer your questions of the trees before and after. Sfgov overhead please. Hello, im vanessa im a neighbor representative for landmarking the tree an cook street San Francisco we as a communities are here to support the urban Fo