Thankyou. Thank yousupervisor compost we want you to know that we want to make this successful and this leads to successful programs for you to move these programs forward and we also want to make sure that we can work with individuals to move this forward and that we change some of our housing policies so that we can change the priorities in order to get them into these homes. Im committed to that. I know that many of the individuals that spoke i appreciate the dialogue i appreciate your commitment and wanting to help us work through the right kinds of policies in order to make sure that we are making a difference and were not just creating more red tape and more bureaucracy that is going to make the problem even worse. And so with that i would definitely would like to move forward with a proposed amendments suggested by supervisor campos that were distributed today and the existing shelter cyst in will be used as an opportunity to work with the Navigation Centers and i hope that we will consider that in addition to the amendment regarding the change that would allow for shelters to also be used as Navigation Centers. So, we now have 2 1 2 amendments on the floor. The 1st one made by supervisor yee regarding moving the language to safe injection sites. Colleagues can we take that without objection . [gavel] then we have the amendments that were introduced by supervisor campos and seconded by supervisor breed. Can we take that without objection . [gavel] and then if there are no further comments with, the items to moved with the amendments forward without objection this will move forward [gavel]. Mdm. Clerk can you please move the next item . Yes. Item 4 isag hearing on the below market rate housing policies and procedures utilized throughout the city and county of San Francisco; and requesting the Mayors Office of housing and the Community Development to report . Are there any Public Comment on this item . I see one. Hello my name is maria ramose and i am not sure who can afford this. Even an activist can barely make that. We cannot afford to be in the city and we are thinking about how can this be revised . How is this determine . A lot of people cannot afford this . Not only that, in the last 2 years the housing list is been completely thrown out so anyone that was on the list has to reapply and they have to reapply through a case manager otherwise they will know there is no public announcement of posting anywhere and pretty much if you are a Service Provider you have to look for all of these things they are not provided in any kind of packet to any cbo, any communitybased organization or any shelters or Service Centers put on the list and am asking that this be seriously revised. Thank you. Thank you. If there are no other members of the public here on this item Public Comment is closed and colleagues can we have a motion to move this item to the call of the chair . And if there are no other objections we are the office of controllers Whistle Blower Program is how City Employees and recipient sound the alarm an fraud address wait in City Government charitable complaints results in investigation that improves the efficiency of City Government that. 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Well, good morning, everyone good morning tutor joining us at San Francisco city hall regardless of what team happy openly day with the giants laughter i would, of course, want to say thank you for all of you for coming together and talking u u talking about the clams we have and locality in the regional and nationally and we want to commend specificallycy thank you to secretary csa to hes been doing those myers weigh fortunate for him hes been here many times but to have the focus on the prosperity playbook and talk with all of us to see not only hear the fact problems but ideas we have to try to solve them i know as a mayor, i want to say thank you to all the fact mirrors mayors the room we dont have time for beater were demanded to provides the answers we seek those answers every day of ever week i know the pressure is on me and you they have to have the answers no objection i appreciate with the secretary comes out and offering not just linking bus hes got answers hes been mooeshsz merging with the mayors that dope prediction he know that not only the secretary we president obama is thinking how has been working digital with mayors to get things done thats why the country is moving forward i wanted to attaining jean and congresswoman barbara lee youre our strong advocates for the mayors when we as mayors raise up and scalding asked individually or as a group youve been there for us thank you very much and, of course, along about all the regional mayors im fortunate to work with libby schaaf and sam who have been more than architectural theyve come up with so many other ideas i compliment the ones we are pushing and even go further cover areas eave not thought about were leap year if each other and thats also a blessing i have with the other mayors weve had session to come together and deal with transportation and other things the other mayors come together with great idea plus youre all good folk you know secretary thanks for choosing San Francisco to be part of the prosperity playbook initiate the fact meeting we need and want to develop with you and with all the flexibility and support of hud and again, i thank you fire marshall regional leadership as well youve got great people that helped us to think through and cautioned us and said hes how every time ive been on the phone thats okay. Thats a problem think about this about that that and how you can do that thats the attitude that brought more success, more open attitudes and positive thinking if this great pinching so thank you. I you mentioned and i know that we deemed our naefthd all the mayors should know that the fact challenges we want to be able to produce model after model what we can do to be more sought after to the Navigation Center has been our best model thank you to interfaith counsel that provide an exceptional documents now we have the model were breaking down a kind of old shelters we had where people they were put in and kicked out and put in and kicked out it is kind of no different than American People encampment in many ways but for the fact health and Public Health challenges we want to demonstrate there is a better model and that no less committed are those models that we have to have the end result that is permanent excellence exits out the fact homeless weve helped. Veterans and responsibilities and chronic homeless for veterans and families youve backed up with appropriate funding where we demonstrated we can get something done that is appreciative the rad program as i mentioned earlier our stellar thats much more successful and independent in hair lives we did this and the voters get it as well recently last november to supplies for you will have us we passed 11 0000000 homeless bond weve not done that for two decades the people respond and say thats a good investment thats what we want to do due to the creativity of working with the fact papering that 310 million bond will be a great benefit when we do infrastructure bonds this Affordable Housing bond will be a great contribution is secretary in collaboration with i i want to make sure you know amongst all of us theres a great preparation people want to get it right there will be requests that hud be as flexible as can be with the fact rules and regulations given the fact urban density champions we we have we also will be talking about issues like stableizing neighborhood with that credible economic upturn many parts of the neighborhoods are totally upset so long term ahbp africa be about stabilizing certain be neighborhood we create and build and finally, the homelessness population you deemed our seriousness by joining us with all the fact west coast mayors came up to portland and prepared notes we agreed homelessness is a challenge to all of us we needed months a partnerships with hud to end homelessness and number of us stood up and as i said of would well end hematomas we know of the cause of homelessness but have frjsz of what does so gathering that together having the best models and hud backing up us as a models model of ending homelessness is a great game so i want to give an opportunity to marry libby schaaf shes been thinking again and demonstrating the new coverage of what is happening in oakland kind of similar challenges and also hoping refresher ways to do that. Mayor libby schaaf. Thank you, thank y my name is holly im been in Enterprise Software training for 10 years that expired film and art and voiceover week work and all kinds of work. Im jane a Program Director for the state of california i have the privilege of working on special Technology Projects for the depth of the technology a passion for helping people and a passion for doing work that makes a difference and makes me feel good at night and i think about what i did today and helping every Single Person in the city as. A Technology Professional a need for more women and more women in leadership roles the diversity and the leadership pipeline is an area that needs a little bit of love. A lot of love. A whole lost love. Ill contribute for the change for womens equality by showing up and demonstrating that the face of success schizophrenia came come in a variety of corresponds. Theyre a lot of roadblocks for San Francisco when it comes to our proposition and finding a play for information that has how to start and grow management so we started to build the San Francisco business portal not just consults or the taxpayers and voters theyre actually customers we are the government serving the consumers in our neighborhood i point to at least one best that i personally touched with one way or another and makes me feel good about the projects like the business portal and in embarking on this new exciting journey of finding better and efficient ways to deliver services to san franciscans i sit through a lot of Senior Management meetings im the only woman in the room i know that our c i o is tried to recruit for women and a male dominated environment. Ive felt unbounded and inspired to pursue a lot of things over time i recognize to be cricked in ways i didnt anticipate you know ive followed the calling but now put me in a position to spend most of my time doing things i love this is the whole point; right . You ought to feel inspired in our work and found opportunities to have youre work put you in service for others and happy doing what youre spending so much time. My father was a journalist lift and my mom a teacher when we finally decided to give up their lives because of me and now i actually get to serve the city and county of San Francisco it makes me feel really, really good not this didnt happen overnight ive worked my entire life to get to this point and much more to learn and i have a lot of changes ahead. Really think about what moves you what youre pats about and trust that you are sufficient and enough where you are to begin and then is her that you are being tenacious about getting to the next place in the evolution but by all means start with you are and know thats enough. Good afternoon, it is 1. 09pm this is the relg glar meeting on the commission on Community Infrastructure and instra structure for tuesday, may 3rd, 2016. Welcome is to members of the public. Madam secretary, can you please call the first item . Oo . A thank you, madam chair, the first order of business is item 1, roll call. Commission members please respond when i cal your name. Commissioner pimentel, present. Commissioner bustos is abdomen sepbtd. Commissioner singh, here. Commissioner bustos is absent and all members of the commission are present. The next order of business is announcements, the next regularly scheduled meeting will be held on may 17, 2016. The prohibition of electronic soundproducing items during the meeting. Please be advised that the use of cell phones and similar Electronic Devices is prohibited at this meeting. Please be advised the chair may order the removal of any person responsible for the use of cell phones, pagers or other similar soundproducing advice. C, announcement of time allotment for Public Comment. A makeup has up to 3 minutes to make xheblts on any printed item unless the commission adau. S a shorter period on any item. It is strongly recommended that members of the public who wish to address the xlition fill out a speaker card and submit to the commission secretary. The next order of business is item 3, report on actions taken at a previous closed session meeting, if any. There are no reportable action. The next order of business is item 4, matters of unfinished business. There are no matters of unfinished business. The next order of business is item 5, matters of new business consisting of consent and regular agenda. First the consent agenda, 5 a, approval of Meeting Minutes of april 5, 2016. Madam chair. Yes, thank you. Before we consider any action do we have any speaker cards . I do not have any. Does any member of the commission have comments, questions, corrections or motions regarding the minutes of april 5th, 2016 . I move. No questions. Second. Its been moved by commissioner mondejar, seconded by commissioner pimentel. Please call the roll. Commissioner pimentel, yes. Commissioner bustos is absent. Commissioner singh, yes. Vice chair mondejar, yes. Madam chair rosales, yes. I have 4 yess and one absent. Please call the next item. The next order of business is reg glr agenda 5b, approving a budget for the period of resolution no. 192016. Madam director. Thank you, madam secretary. Good afternoon, commissioners and good afternoon to the members of the public, thank you so very much for joining us. Commissioners, this is approval of our budget for fiscal year 1617. This is the third meeting on the budget for action. We have had two workshops and what well focus on this meeting is really the changes since the last meeting and the last workshops really in response to comments from the commissioners and members of the public and well walk through the next steps after that process, submital to the mayors Budget Office and consideration by the board of supervisors. With that i would like to ask prima hoarder, director of finance and administration and were here today for our last and final meeting regarding the 1617 budget, very exciting moment for us all, no one more than me, of course. As you know, we met at the beginning of april on the 5th for our first workshop where we talked about the project budget and the Affordable Housing budget. We met again on the 19th where we discussed operations, including debt service and Asset Management and were here today for your consideration and approval following your approval we will submit to the mayors Budget Office for their review and then we will discuss our budget before the board of supervisors on june 8th and then if necessary a second time on june 16th. So some budget updates, some things that have happened since the last time we talked. One thing that is different about the presentation of the final budget than the prior two vrtions in the final version of the budget we highlight what was Prior Authority versus new authority in this budget year. The budget resolution for ccii has always authorized expenditure in the prior year, prior year approvals for Affordable Housing loans, for Capital Improvement and for funds that have been placed on reserve for Community Benefit grants and that is because these kind of expenditures can go on for many years. However, as someone new to our budget, in digging through all of these items and going back multiple years to confirm where the authority originated from, i found it a useful mental exercise for me to understand what was different about prior period authority and current year authority and so i incorporated that into the exhibits for the budget because i think its an important piece of transparency for the public. So theres quantitative change, more just a change in increasing our transparency and Greater Public understanding of how were spending our dollars. In addition, we have updated our excess bond proceed amounts. If you will recall, the commission has approved a number of annual use city departments to expend bond proceeds that have been in the agencys coffers for a number of years. During the disluetion audits this was identified, entered into memorandum of understandings with city departments subsequently approved by the commission. Weve gone through all the cal amounts, confirmed all the payments that have been made for the year and updated those balances for the final budget. In other exciting news on april 21st we closed 3 of the bonds that the commission authorized this year, 2016a, mission bay north, 2016b and c, which were mission bay south. As you may recall two of those bonds were refunding bonds. We originally projected 13 Million Dollars in net present value savings, but we hit the market at a really incredible time and also the teamworked really diligently to get two upgrades to our rating. We went from a minus to an a in mission bay north and from a double b to an a for mission bay sought. This has been a great credit thats never been acknowledged by the rating agencies. We finally got that acknowledgement which is really exciting and as a result of this rather than getting 13 million in net present value, we got 35 Million Dollars so thats pretty incredible. And what that means in a sense to anyone other than a finance person is that were now paying less money in debt service and so we have more money to spend on the project. So that means more money for reimbursement, more money for Affordable Housing and more p money to spend on the things people really care about so thats really exciting. So that exchange is reflected in the budget because it happened on april 21st after we last saw you. Also we have an increase in our Capital Expenditure in yerba buena gardens. Following our april 19th meeting we received word from our partner that some capital work is needed for the ces epbltd pool so weve included that in the budget. Also in ongoing conversation with our housing partner, mocd, we have increased our work order with them from point 6 fte to 1fte to reflect the need for monitoring of our Affordable Housing which is under construction and making sure the contractors are abiding by the terms of their contracts. We will have greater coordination between Affordable Housing and the project management teams, so well be using this year to work with mocd to both handle this kind of surge in workload and start transitioning the work back to ccii. In our professional services category, in reconciling the 1516 budget to the 1617 budget i would do an extensive process where i compared every line of the 1516 budget to the 1617 budget to see if it went up or down and i noticed that the payment for security, which is passed from the developer on to the port, was not in the 1516 budget because at that time we thought the port would transfer. The port has not, although im sorry we thought South Bay Harbor would transfer to the port. Although the harbor is now being operated by the port, legally it is still an asset of ocii so that expenditure needs to be in our budget and we also included room for a catchup payment for 1516. Last, based on the feedback from the commission, we have decreased the Administrative Services administrative fee from approximately 99,000 to 25,000 and Administrative Services has agreed to charge us at the end of the year based otd actual number of fte working at adm through the entire fiscal year. We do have one work program update, thats at block 4. As you know we are going before the board of supervisors to enter into an option agreement for block 4. Pending the board of supervisors approval we will be working with the developer on the Design Concept and the design and Development Agreement and we anticipate beginning construction not in this fiscal year but in the following fiscal year in 1718. So, pending the commissions approval again we will submit our budget to the mayors Budget Office for their review. We will go before the board to explain all the fabulous work that were doing on june 8th and, depending on our conversations with the budget analyst we may or may not see the board again on june 16th. If you have any questions or comments im happy to answer those questions. Thank you. We need to take Public Comment first. Do we have any speaker cards. I have no speaker cards. No speaker cards. This should be an opportunity for members of the public to come and speak to us. We are proposing a budget of 698 million. Were doing a lot of stuff, right . Okay, commissioners, questions for staff . Commissioner singh. Yeah, we increase almost onethird from the Previous Year and whats the main where were spending 3 Million Dollars. Thats the reflection primarily of the prior period authority. And thats actually exactly why i decided to start reporting the prior period authority, is that there is a lot of expenditure that is built into our budget from an accounting perspective its in payments, its an authorized part of our budget but we havent been reporting those dollar figures so i think weve been undereftd mating the sheer amount of work we do by not showing the full scope of our work plan, some of which is reflected in authority that was received in prior years. Okay, what is a couple things is the couple of things. Those would be any Capital Improvements, so in yerba buena those would be any prior period Bond Authority that were rolling forward. It would be all of the developer payments that are then passed on to cbos in the shipyard so the legacy foundation, the dph wellness payment, all of the cash balances that are in yerba buena cbdg funds we are holding on the books. inaudible . Its a variety of those things. I believe some of that prior period payment is the result of our housing project. Im sorry, yes. Actually primarily. Affordable housing. Affordable housing loans, yes. Okay, thank you. It was so big it was like the elephant. Yeah. Any other questions . Commissioner mondejar. Just a couple questions. Thank you for your presentation. So can you just expand on the Construction Specialist . Sure. So one this kind of goes back to the former Redevelopment Agency had a function where if a developer made a change order or so we come to agreement with a developer about what kind of Affordable Housing were going to be building, but then to make sure they are meeting the terms of that agreement we need ongoing review and checking particularly in the areas of change orders to make sure that everything is being built as was agreed upon. After dissolution because mocd does so much of its own Affordable Housing building, mocd took on that function for ocii and we did it through a work order but at this tiek there is so much Affordable Housing in the pipeline and so much pressure in the community to build for obvious reasons that its difficult for mocd to support their own projects as well as ours and in addition our projects are very particular and complex because of redevelopment and because of what else is going on in the project area. And so wed like to see a greater synergy and cooperation between the construction manager who is monitoring the Affordable Housing within the project area, and the project Area Management staff. So we think having that fte in house is going to allow us to have more cooperation and more communication flowing between the two roles. Is this going to be permanent or temporary position . Its a permanent position. So this is ongoing. Yes. Then the other question i had, you said mj requested some Capital Improvements, i cant find it. Can you expand upon what are those . The crescent pool had some water damage that needs to be repaired. And thats what it is . Yes. And what was the amount again . 1. 2 million. Okay, thanks. Any questions . Two questions. What will the outreach process be for the construction supervisor to ensure that the diverse pool of candidates but also diversity in terms of the selection pool throughout the city as well, and then can you also go over the Security Services, what that will entail . Sure. So i think the question you are asking, correct me if im wrong, you are asking about our recruiting process for you know, we place a great importance on diversity in our organization and, you know, im really pleased to look around my peers and see a very Diverse Group of peers just like all of our recruitments we will be reaching out to a variety of sources. Weve used private recruitment firm, we place notification on our publicly available web site, we do notifications through a number of employment job searching web sites so that diversity is something thats always on our mind and that were always seeking to achieve. Will you consider using, for example, communitybased organization listers posting on social media and Church Bulletins as well . I know we have hosted on is it indeed or idea indeed, which i know is i know we use those kinds of resources, but, yeah, we would certainly be happy to cast the net as wide as possible. To see really diverse outreach where you are able to get a diverse pool from and where many people are receptive to getting that kind of information. I know a lot of individuals go through the news letter and it has jobs, internships and opportunities and also shared with a Diverse Group of people throughout the city as well. We are always looking for more ways to get the word out. Finding good candidates is hard so we really, we welcome all of your ideas for helping us get the word out. Then i have to apologize, i totally forgot your second question. Security services. Yes, Security Services. Lanarr pays for Security Services is, is it at the bow and arrow . We have rincon park as well as South Beach Harbor there are Security Services. They really almost operate as Enterprise Organizations so in both cases the port of San Francisco is the c title Property Owner, we entered into a lease arrangement with the port for South Beach Harbor, we went through a series of steps with the community and the boaters and certainly the surrounding community and consulted the former cac members. Were pretty much done with rincon point south beach, took that to the commission but were still going through the regulatory steps, as miss mulder said, to free that up from state lands. There is security at state harbor and certainly is security at rincon park and in that case we contracted with the port of San Francisco for them to pay for maintenance, security for their own park, we actually got a contribution from the gap so the security i believe she is referring to is for South Beach Harbor. Yes. South beach harbor. So it is existing since day one, its just part of the expense, janitorial, staffing costs, actually all of the staff from South Beach Harbor transitioned to the city and became employees of the port of San Francisco. I just have a question on the mous with the city. Two things. I guess im not seeing here quickly how many we have, i mean what are the i know the traditional ones, City Attorney, planning, the city administrator or administrative. These mous are slightly different. One mou that was completed was dpw and they did some work on some alleyways in soma for around 75,000. Around christmas the commission reviewed a mou with mocd for 8. 2 Million Dollars to complete some elevator work in some of mocds housing area projects and also that was, if you recall, mocd is releasing a nofa to solicit some more Housing Services and then well be funding those once they complete the nofa and that is set to be released this spring with the decisions being made later this summer. And the one with planning . I guess im not seeing it. What is the. That is a slightly different these mous were talking about here are funded by bond proceeds. The mou with planning is funded through either, depending on the work, so if planning is reviewing plans for, say, the shipyard then we would charge that back to the developer. There is no other Funding Source because its a, they were doing work for something outside a project area where there is no developer or they are doing work funded by ocii like in transbay we would use tax increments to pay but these are a specialized set of mous that were created to dispose of the excess bond proceeds and to make sure they were spent according, in a way that matches with the original bonding venture. I just want to make sure we have plenty of funding with planning and whatever city agencies. Yes, yes. Because its sort of my concept of an expansion of staff approach when you need us, many things can happen in a year, right . If you need the if you dont have the staff, the staff is stretched, you cant find someone in the private secondor to step up immediately we at least have someone with private sources the mou to help us out like we do with the City Attorneys office. We have existing mous with Administrative Services, planning, department of public works, puc, sffd, the fire department, the controller, olse, which is actually a part of Administrative Services, they are our labor standards enforcement. Oewd oewd, thank you, mocd and i think that runs the gamut. Okay, good. Any other questions . Commissioners . Motions . inaudible . Thank you. Commissioner mondejar has moved, is there a second . I second. Commissioner singh has seconded. Please call the roll. Commissioner members please announce your vote when i call your name. Commissioner pimentel, yes. Commissioner bustos is absent. Commissioner singh, yes. Vice chair mondejar, yes. Madam chair rosales, yes. The vote is four with one absent. The budget is approved. Good job. Yes, excellent job. The next order of business is item 6, Public Comment on nonagenda items. Madam chair . Do we have any speaker cards. No speaker cards. We have very few members of the public with us today. Well, theres no Public Comment so beak move on to the next item. The next order of business is item 7, report of the chair. Madam chair . I do not have a report. The next order of business is item ate, report of the executive director. Madam director . Commissioners, i just have one verbal update. As you are aware, we issued a request for proposals for two housing blocks for over 300 units, two separate blocks in candlestick around the new candlestick retail center. We recently received submitals per the due date last week and im just going to let you know the submitals we received well be reporting back to you, certainly going through the Due Diligence and review process, meeting with the teams, interviewing them and then coming back to the commission with a recommendation in a couple of months for selection of a developer or developers for those two blocks. And the 4 teams that we received proposals for for Candlestick Point block 10a north and 11a south include Tenderloin Neighborhood Development corporation with Young Community developers and we only asked for them to bring on an arc tegt and then we would work with them to fill out the rest of their teams, ycd brought on herman colliver architecture, the next team in no certain order, mercy housing with San Francisco housing Development Corporation and paulette taggert architects, the next team with mccore mik barren salazar and hkit architects and the fourth team, integral group with tab err knack he will Community Development corporation as well as Providence Foundation for services and ga architects. There was the same set of teams for the next block, candlestick poipbd 11a south, same architects. The only deviation architects mercy brought on made and stais and the integral group also with tabernacle david baker architects. Again we will come back with you with a very strong pool, diverse pool, 4 strong teams certainly for each of these blocks and well go through the remaining components of the process and report back to you with our recommendation in a couple of months. That concludes my report. Thank you. Do we have any speaker cards, speakers for the executive directors report . No speaker cards. Are there any questions about the commission on the directors report . No. Okay, please call the next item. The next order of business is item 9, commissioners questions and matters. Madam chair. Does any commissioner have a question or a matter to raise . Yes, commissioner. This is an update on interns. The budget that you just approved does include staffing for temporary assistance. Typically we get interns or limited term assignment help, usually they come on during the summer so we do have some head room to provide for temporary help including interns as part of this years budget and well be working with our hr and finance division to go through a process to bring them on board. Any other questions . I just want to say thank you for some of the material that i havent gone through entirely. I know. The demographic, yes, great. I did not go through but i read it. Very, very informative. Even though those materials are in draft form we certainly will report back to you with the updates to those reports, the work thats being undertaken by those city departments. I think its very helpful and useful and certainly if the commission would like the full gamut we really only extracted the bayview component of the reports but we certainly can transmit to you the full report, full draft reports. We have them but its a lot of paper. We can transmit that to you in any form youd like and make that available to the public. This one is exhibit b, San Francisco neighborhood social economic profile, that has all the neighborhoods and i was going through them and it was actually very educational and enlightening. I think that was a change. I think i had the staff include everything. Who prepared that . The Planning Department. They have an analysis division, they have a whole division that does Statistical Analysis reporting and then the second report, the Community Health assessment was prepared by Public Health. Yeah, this is great information because if people come before the commission and talk about the demographics of whatever, always good to have a reference point. And this is available online, right, on the drop box . In the drop box . It is. And i believe these departments have made these draft reports available to the public. Its public now, draft. But is it in our drop box or planning. Yes. So we can pull it. And this is later 2014 only. This is the latest report. Thats available. Yes. Its from census. Its an analysis and extrapolation from the census. Great. Any other questions . Okay, may we please call the next item. The next order of business, item 10, closed session. Madam chair. Yes, im going to need to ask members of the public that are not part of the closed session to please leave while the Commission Meets in closed session and i will announce the basis of the closed session is to conduct a conference with Legal Counsel on existing litigation pursuant to california government section 549. 659 subdivision b1 in the matter of Mission Bay Alliance and Jennifer Wade versus office of Community Investment and infrastructure, as well as Mission Bay Alliance and Jennifer Wade versus city and county. Items on the closed session. Can you please call the last item . The next order of business, item 11, adjournment. Yes, the meeting is adjourned at 2. 15 pm, thank you. meeting adjourned . We all know a major earthquake will eventually hit San Francisco are reproerl presented San Francisco is making sure we are with the Public Safety buildings. This consists of 4 consultants the Police Headquarters with the from 850 with a brand new fire station number 4 to serve mission bay swimming pools at office of Economic Workforce Development in the fire station thirty. Is the the hall of justice on bryant the new home for 2 hundred and 50 uniform and voiven compresses we all it was opened in 19 so sociothat is a 50year improvement as far as structure and Work Environment had that will be a great place to work. When construction began in 2011 this was with an clear goal to make sure with the big one heights the resident will will have a function Police Department those are the highly seismic standards it is up to operate up to 96 hours from the Police Department perspective that building is selfsufficient for a main made arrest in all disastrous zake ever after we will run our operational from here no matter what happens this building and the people that serve the businesses will continue to function building is designed to meet lead goal certification and also to art installations on the campus that was designed and constructed to better sense of ability so for example, were using solar water heaters were also urging gray water for reuse inform flush water and rainwater for the cooling and irrigation locked on third street and mission rock is it serves the motorbike neighborhood and motorbike i moiks is a growing neighborhood and the intent of the bond to have please and fire serves to serve the community. Hemming helping to keep the building and the stay safe was the not the only opportunity it creates many jobs with 82 bleb businesses overall san franciscans contributed one hundred and 87 thousand hours to help to complete the project it shows the city of San Francisco the elected officials and Police Officers and more importantly the voters that paid for the building this is what we can do with when we wrorpt this is a beacon when we need to build new extra we can trust them with the money and the plan they did a good job the San Francisco public is a reminder of the importance of being presented and will continue to serve the residents for decades to come power its all around us in the sun and the winds and caves waves power that lights our homes while protecting our Natural Resources clean power will provide power to san franciscans how about works right now our power is from pg e from nonrenewable systems that comes over pg e maintained lines with clean power your energy about think generated by caesarean more renewable sources come to our home e. R. Businesses to the pg e lines difficulties. Okay to start without them were on hold all right. Technical difficulties this afternoon all right. Were on board all right. The meeting will come to order this is the regular meeting of land use and transportation im supervisor cohen the chair and to my right is commissioner weiner the vice chair and to my left is commissioner peskin our clerk is andrea ashbury id like to take 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 heate 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 Forestry Council 9 to two vote and present to you why we believe this tree is worthy of landmarking as you may know and were learned the board of supervisors approved the ordinance in 1995 for the landmarking of special trees in San Francisco in 2006 it was sported and the board passed a resolution for the implementation to guide did landmarking process those order the tree the way is it so evaluated the urban forestry voted 9 to two, that the cook street pine and recommended to the board of supervisors that be landmarked today, we would like to present the same information to the urban forestry the same presented to the urban Forestry Council as those trees this tree meets the criteria for the attributes and little historic significance we hope youll enforce this meets the criteria and the San Francisco law the ordinance that was written by a supervisor who we agree it deserves to be landmarked thank you very much. Thank you, very much any other members that would like to speak on this excuse me on this, please come. Im reading a letter from a professor and he is speaking on the environmental criteria id like to give my port to save an old tree on cook street a professor at university of california, San Francisco and my research focuses on how dw efforttion effects bird their relative to their size their disproportion providers of resources crucial for wildlife and the loss of life oak trees is a those trees are homes to birds and species and i believe that the tree on cook street is for birds flying westbound presidio and the Golden Gate Park to preserve the urban life it is important to keep it ill it will be detrimental to existing laws given the science ill encourage to preserve this from the id like to add i live in district 11 and thank you, supervisor wiener for landmarking the beautiful sequoia this magnificent tree is wonderful. Thank you for your presentation. Hello, im richard i live on cook street id like to talk about the rarest of the street tree tree at urban Forests Council meeting the Council Adopted the identification of the 46 a cook tree and cook island hybrid the following is an email from carli short in it she states the information if mta doctor irate says hybrids are common in california theyre not everywhere i have knowledge of 10 of them i dont have any in San Francisco their way way less common known for pine end of quote i have copies of the email and a few comments during the march merging mike says ive not fined a hybrid in Northern California theyre not common in San Francisco so today id like to vote to landmark this tree updating unquote and councilmember San Francisco landmark not the california state landmarked ordinance i want to say i want to know what is going on in reality on the ground in San Francisco end quote and coordinator of the urban forestry may i link say quote i when the council talked about the code the Council Committee determined it applies to San Francisco unquote in closing the urban Forestry Council agreed to receive the amendment of the dr. And to apply those hybrid species to california to serves none if this tree is not found rare. Thank you. Any other members please come up. For a year my parents and friends my neighbors and i have been doing what we were told to protect a tree i really love this tree is important to me when i was 5 years old my parents and i walked to kindergarten at the top of the mountain i looked any neighborhood and saw the tall trees knew that was where my home was made me feel safe supervisor mar says he want this tree and agrees it is important part of our neighborhood please let this tree live i was saying that trees help the more it helps please help landmark this tree i have a letter from supervisor eric mar. Thank you supervisor peskin will get it from you is there any additional Public Comment on this item please come on up. Thank you. Good afternoon, supervisors my name is john nolte im the cofounder and of the ordinance to landmark the trees in San Francisco and it is jogged the memories of supervisor peskin in 1996 it was the north ward pine on ellis street that was torn down in our neighborhood that was one hundred foot tall that started this ball rolling i urge that the Committee Support this landmarking and that we save another tree we lost that tree but it was a swatch we have a tree that is a northward hybrid for the city for its benefits it does to the city and county of San Francisco thank you very much. Thank you is there anyone from the public that wishes to speak. Im a neighbor thank you very much on february 23rd over one hundred members of our Community Came to the urban Forestry Council meeting at city hall to show their strong support for landmarking the tree pine the meeting was cancelled they last minute and no time to alert money heres the video of people that couldnt make the meeting. Thank you excuse me. We cant hear you. Theres a video for the rest of her time. Okay. If you could put the microphone near the speaker of the laptop it should play. yelling . Thank you. noise . background noise . Hello my name is maria inaudible im here to support the trees inaudible as part of a large inaudible in the law of the neighborhood one of things weve heard. Thank you thats the end any other members of the public that would like to speak at this time. Yes. Laura Community Member we would like to continue with the videvideo presentation. Im disappointed to hear inaudible Everything Else in the neighborhood inaudible all the birds and lives of the bird and it is a big part of our neighborhood we need the trees and they encourage the birds anything. Im diane we live in the neighborhood i for one walk by that street everyday with my daughters on the way to school the culture of our neighborhood rests on the area inaudible and one of the fundamental values of inaudible is the inaudible were thankful the tree is in the community and we believe inaudible it should be protected our desire that we support the tree. Hello, im doctor reuben of the university of california, San Francisco and i study birds and ecology and how it effects birds and diversity of birds so those birds emigrating they need to find their place from one to another we believe thank you how much longer is the video there is a rule were not able to lend someone elses time this gentleman can speak i allowed it the first one we get even though jest of the video would you like to speak. Im bill a neighbor of that property id like to read a letter from one of my apartment mates her name is im are concerned the large tree to be a beacon of greenery in a neighborhood it targeting for destruction ive pained that tree i see daily from my apartment is makes a contribution and its survival is practical ramifications to the future of San Francisco and for this neighborhood id like to read a letter from another neighbor this is from the louie family on cook street we love this tree it makes wonderful music is a 4th tree not a good reason to take a healthy tree off the planet id like to see this is an iconic tree towers over everyone or everything did Property Owner removed 3 other trees and if you look at gaerz it is utterly the view it is the last tree stand and the biggest beam in this city we should preserve it. Thank you. Any more Public Comment on this item anyone else. Good afternoon im nancy here in support of landmark nomination of the 46 a cook street it is reached the land use and transportation because weve follow the laws governing the process this is has been part of municipal codes for over 20 years in 1995 with the adoption of the public works with the mooefrt ordinance describing the landmark trees it was to create and maintain a unified urban Forest Resource for the character of sense of place in 2001 the urban Forestry Council was created by chapter 5 of the administrative code to establish criteria for Landmark Heritage programs to provide for the protection of valuable preys trees on public and private property in 2003 the environmental code wasy peddled that readopted the counsels work they scheduled the authority in the environmental code to aid the urban forest the Council Shall consider the use as it relates to private property and to protect the Community Interest to make sure that San Francisco understand the benefits for the future in 2006 and 8 the amendments to the section clarified the designation procedure to be followed to a landmark tree up to referring the nomination for you for final version you may designate thai tree within the material areas of San Francisco supervisor in, 2006 emphasized that landmark trees have a significance to the communities it is hardpressed to find another tree that is loved and bordered supported by the tree on cook street this tree is what the landmark section to honor and protect thank you. Thank you is that the end of Public Comment. Okay. Good afternoon. My name is daily rogers the Property Owner of the lot 46 cook a excuse me. Landmarking of this tree is a real prejudice to me it is well within the rear of the property and is not near the public rightofway and in response to supervisor wieners question this will preventive the housing creation and consider this tree might be in your backyard and all the things you have to deal with thank you. Just a minute supervisor wiener has a question for you. I have a question for you so thank you for for stating that it come in the future prevent the future but is there a plan to add housing what is whats happening there. At this moment ive been spending my money to defend my private property right. You have a plan there. I might have a plan or my kids and. Right now does the hours and a cartridge house in the back. To theres a little Carriage House in the back. How close is the tree. It is 12 feet and i am i dont know what the zoning is im guessing. Rh2. Rh2. Rh2 and i imagine that Carriage House will not be buildable because i think there is rear yard requirements. I dont know the answer that might be a reasonable guess. The backyard area didnt seem particularly likely but you have more information than i have im trying to ferret that out. I dont have any more information. Sir, your time to defend yourself so every time i speak things get thrown at me. I know. multiple voices . Is the Carriage House vacant. Okay ill let someone that can speak better than i can go ahead. My name is Steve Hammond i represent the Property Owner and says this makes it parcel impossible to add additional housing the fact there is a significant amount of space in front of between the tree and the street line it because of the location this tree would not be developable and it would be irresponsible to speculate on plans obviously because the environment but to be absolutely clear it would make the addition of housing impossible which otherwise is my professional opinion is could be completed. And so im trying to understand through the planning code how likely it is because of rear yard setback excuse me requirements and some maybe of you additionally are people under the view we should be building for rear yard cottages but under the San Francisco planning code that is often not allowable so ill just trying to understand if we realistically this will block a project that is either contemplated or will be feasible or legal under the planning code. For one, if that tree was not there that back unit could potentially be expanded and two this is at the rear of the lot and so there is quite a bit of space in front of this tree i believe it is 2000 secret between the tree and the road this requires a more inept analysis because it is consistent with the policy goals to have housing ill put together a memo were asked to vote on this now i raise the issue the owner has brought up that will block future housing creation i really wrote a detailed letter and it seems to me that were a real truly an issue here that i would suspected you were extremely thorough in the letter that would have been to a topic about why it would be legal under the planning code to add housing this Carriage House and why this will prevent that from heaping. The reason that was not added is because the highly politicalized hearing of this hearing to date it is a significant consideration of the owner not because he has immediate plans to develop but because he will losses the ability to develop or to potentially develop with the location of this tree as it is and it is my opinion that because of the amount of vacant lot in front of the tree that there is ample space to add additional hours as a matter of a vested right under the planning code. A vested right. Done without the need for conditional use or a variance. Huh . Steve what kind of a law do you practice. Real estate law for 15 years im not calling into question our professionalism but youre a land use attorney fox. Is there experienced levi stadium attorney. How do you know this land is not developable. How do i know that is not developable because of the square feet requirement for open space and my understanding that with this tree in place those minimum open space will he no longer be met. Uhhuh. Supervisor peskin. Supervisor peskin im reaching this property on line on the Property Information map of the city and looking at it on google maps it looks like a number of Building Permits have been issued as recently as late last year december of 2015 a permit for the development of accessory rooms in the basement adding full bath and playroom and Office Laundry and utilities. Supervisor peskin spending a retaining wall it sounds like those permits were issued without impact on that in the middle of last year there was another permit for a Kitchen Remodel and bath and some other things didnt sounds like the tree is getting in the way of any of those permitted that were issued. Let me address that question im glad you asked is it that leads to the nightclub lots the owner owns 3 contiguous lots 44, 46 and 48, 6th street were considering what was referred as 46 a cook street none of the permits youre referring to relate to the neighboring parcel they all relate to a improvement that is already in place a full house that is thats not the same parcel not the same lot next door. So and im looking a google earth imagine it appears that the tree that is a subject of landmarking proposal that is the item before you is in the back of 46 cook street; is that correct. Thats correct a one hundred and 26 feet lot in the back on the lot line a carnival house. I see that in front of. Is the tree you have the tree and then in front of that that you have in the back 48 cook in the back of 48 cook the carriage and in front of the that the tree and in front of the that you have this huge open area. I see the tree. And the street. A respectful ill go to supervisor wiener was saying which is he was asking what the rh2 and indeed that is a according to the Property Information map that is a rh2 district devoted to one and two singlefamily homes or rather uncommon two large flats by the owner theyre available torrential and it goes on on talks about heights but were it appears to me that as your discussing the carriage talking about the nonconforming use and it appears to me by and balling it but you cant build on this yard it didnt require the rear yard setback. If you dont worry about it and replace a two unit improvement. You couldnt do that in the back. You wouldnt have to from the tree was not there. You cant intense city a nonconforming use. If you demolished the normal improvement which by the way, i question whether it is it says here that according to the again, im reading to you what is on the Planning Department Property Information map but it indicates that the built environment on it as a category a Historic Resource that is listed on a formally determined to be eligible for the california historic register. Those listed can be broad and wide inch not looked at that issue ill ask the subcommittee to look at this and reevaluate this issue and reconvene so we may present evidence that is truthful and answers the question posed. If i made this to my colleagues and members of the public were in receipt of weve probably killed the tree and saved this tree but in receipt of any amount of documents from council representing the Property Owner of that we have here submitted by various part on behalf of your client. Correct. Im saying i dont know we need any more information regardless i think all the information has been before this the urban Forestry Council for quite a number of months now. All right. So youre saying Public Comment is just about over. My Public Comment hadnt started im answering your questions and thats unless you disagree. I disagree Public Comment you have one minute and 6 seconds left. Thank you. None of the 5 criteria has been met required by the ordinances of support by the expert record many of the understanding by the opponents have been found to be in accurate this is a case of first expressions not a contested motion by the Property Owner with the tree not near the rightofway and not the intent of the status to take the property or racing the condemnation and could not stress that is completely within the backyard not near the rightofway it sets a dangerous cyclist precedent and no written finding as required by the ordinance and i extremely disagree this lot this tree is not interfere teller with the ability to add to the Housing Stock of San Francisco the no historical significance. Thank you. Is there any additional Public Comment . At this time please come up. Good afternoon, supervisors my name is Larry Costello im a resident of San Francisco and horticulture couldnt i served as an environmental horticulture and in the San Francisco bay area focused on the premanagement ive served on the University Council and ive served on the landmark Tree Committee and here to oppose this motion including but not limited to this tree didnt qualify as a landmark tree it is a large tree a nice tree but is it really special or unique and it didnt match up in my mind it is not rare in california and not known whether it is rare in San Francisco that is speculation it is not a unique specimen not a pine altogether and it didnt have a historical significance the Planning Department representative on the urban forestry established it and stated that it is on the record not historically significant so it doesnt quality in my mind as a historic tree but the second reason a large tree in a small yard surrounded by housing trees radio unstable if this trees fails structurally it did consequences will be severe there be safety and liability issues associated with this tree and i think that those 20 20 reasons are my basis for thank you, supervisor wiener. Is quick question the tree potentially failing is the tree unstable now . Or is it dyeing its been established a tall tree it is not the tell you itself in San Francisco a lot of the weight is on the upper half a lien to the east so we can see those parts what we cant see is whats below ground and how unstable the root system is we have lots of examples in San Francisco and of trees up roots the western garden says not a tree for backyards it should be in parks Golden Gate Park and the presidio is this be in large open spaces not in small yards as in this case. Thank you. Supervisor wiener no questions. Youre done all right. Is there any additional Public Comment on this item. Okay Public Comment is closed at this time thank you. All right. Colleagues thank you is there a motion to continue yep is there a motion to go into closed session to confer with the advice from the City Attorney you dont need to go full session supervisor wiener. All right. Theres a id like to go into closed session well go into closed session a roll call vote never mind supervisor peskin will be with us without objection the motion to go into closed session is unanimous. Supervisor peskin. By all three of us it will be brief thank you. Okay ladies and gentlemen, chamber. All right. The meeting will come to order were concluded with the closed session on item 3 id like to announce the committee has taken no action during the closed session colleagues id like to know if there is a motion if we should disclose weve got anonymous not to close without objection mr. Clerk thank you so colleagues item 3 is before us a motion on that item. Anyone. So i will make a motion but first of all, want to make comments i appreciate the thoughtful discussion by all accidents in this i think that what seems clear to me is that first of all, the a reach tree not that common that you see a tree of this size and grandeur in the residential neighborhood is it so i think that is not worthy and meets the threshold for landmarking the reason he asked the questions i did before particularly about hours is ive been clear that i dont support landmarking in order of a backdoor way to prevent a development from happening ive mad that clear when i have been asked to landmark a tree at least not wholly but paeshl from stopping a development the tree i look forward a represented a giant sequoia that existence of the tree didnt in way, way undermine the development of housing that was happening on that site so i was comfortable landmarking given its significance in the neighborhood it is not the question the colloquy we have made clear no plan to do development on this site regardless of what the seeing none, or setback rules it seems to me from the owner were actually having a concrete but some sort of plan to do some development here the tree with undermine that would presumably been in the vacuums and thorough and exhaustive briefing this is legal and feasible and doable and an intent or distinct possibility but it is more of an afterthought as one potential argument why this is a problem and when he pressed the owner on this particular issue it was clear i dont know, there really see any real desire to do that development i dont see this is a situation are where the laboring are undermine the housing and clear to me this doesnt meet for the proponents of landmarking that stopping the development is not their goal there is no goal to develop that lot beyond what is there so im comfortable supporting this landmarking and ill make a motion to for the record that with a positive remedies. Supervisor peskin i was going to ask to associate myself with the finding made in the ordinance that is before us that was introduced by supervisor farrell and would add a friendly amendment it be sent as a report. He said that. That concludes my remarks. I too represent the southeast part and dealt with landmarking of trees unlike this case ive seen neighbors from moving forward and this is not the spirit of the intent i do believe the neighbors are generously in love with the tree and happy to support the motion that is this committee and madam clerk will be supported unanimously please note it shall come out of Committee Report without objection this motion passes. Any other madam clerk, is there any further business before this body . Theres no further business. Were adjourned thank you we on department of aging Adult Services please take roll. Morning
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