one and a neighbors driveway next to that i can't expand the tree well the sidewalk right now has areas that are already coming up if this tree root problem continues i'm going to have to end up replacing the whole sidewalk and a continuing issue i've had an arrest warrant above the come out they basically said sure widened it to the maximum and buy user a little bit of time and then the same thing over again, i, go through the same exercise to get a permit and the depament tell me i'm liable for people tripping you you're going to cite the square and you won't let me take down the private tree that's what it

comes down to again, i'm really annexed initiated i'm having to waste my time and money to appeal that this is not reasonable i'm willing to put another tree back but doughnut want to keep a tree that costs media and the city liability and cause me to spend a lot more money on maintaining it and the sidewalk thank you. >> >> i've got a question you're willing to replace what are you willing to replace it with. >> the arborists told me a sustainable laparoreign that didn't have as deep of a root system and unfortunately with the new zealand christmas tree

it has invafg root system. >> thank you. >> thank you. >> can we hear from the department? >> good evening, commissioners carol department of public works representing the urban forestry if i could have the overhead just like to show a photograph the tree in question in the the new zealand commissioned tree the location is a climatic condition in san francisco but this tree looks at fantastic i know the species sometimes gets a bad reputation it can cause infrastructure damage any tree can different trees respond

differently to soil conditions this replacement didn't mean that the property owner will not have microscopes in want future i'd like to clarify that while this tree is priflg maintained we consider this part of the public good that's why the tree is considered before replaced it liken to the sidewalk he prove or disprove can't maintain i'm tired of the sidewalk in front of my house and remove it and people can deal with that but it's their maintenance responsibility it's a public sidewalk and trees are part of the infrastructure and of the public good i will say that the tree has been well maintained over the years and has a good structure we couldn't find any real flaws

it's caused sidewalk damage but if he could look at the base here we're proposing the baseline could be expanded because of the red curving curve in addition there the room to expand the baseline and in this direction this is where the sidewalk damage did found there's no guarantee this will not prevent sidewalk damage in the future you're going to find user in the same situation is speculative we know that tree roots are optimistic and if more space to grow they'll fill that space having said that, those are living things and respond differently so no one can say for sure what will happen we're to protect the urban forestry trees and in this case this tree

has good structure and appropriate phone number for the site conditions this is not a tree we necessarily we want to plant in locations in san francisco because it causes damage in some areas and is well adapted to the location so we ask you to uphold the departments decision you is this tree still on the recommendation of trees to be planted. >> yes. because it does well in 9 months climatic conditions in san francisco. >> careful. >> how old is this tree it's - >> the tree and the height has been restricted not in a way that's riveting be based on the trunk size and again, this is a

educated guess i don't know generally like to do this by around thirty years old. >> was this tree planned by the city or by private individuals. >> based on our reports this was planned by a private individual. >> okay. >> thank you any public comment on that item? seeing none, we will have rebuttal sir, you have 3 minutes of rebuttal. >> the only thing i said to add i'm sorry, i don't have a photo of that but as. >> walk into my office an area to the right the neighbors property is next it that and the water department replaced that square because it was causing the waterline to come up and

they didn't replace the rest of it for me but it's already coming up and the nightclub will sue me because my tree is damaging his driveway if he trips he's going to sue me because i'm not maintaining the sidewalk the entry i've grounded the root down because is it is coming up i want to pick my own tree that is not going to cause me damage over and over again. >> excuse me. when you replaced the sewer lines were they clay tile before and i reminded them with cast iron. >> anything further ms. short

okay. the matter is submitted then. >> bureau of the urban forestry knows what i think about using christmas trees, however, i think the question here is the level of damage that's been done at this point it i'm not sure it rises to the level where i normally would allow the prove or disprove to gelled and replace when i looked at the photos yes. the immediate areas of the sidewalk it appears that the up heavily of the roots are causing damage i'm not about the curbs there. >> i know that tree very well i had a business on that block for 16 years i've passed that tree

since 1985 and not a big fan of the new zealand christmas tree i feel this conditioned problem by the property owner should be addressed this is on the border line i think by widening the sidewalk is probably going to be the best shot and as my fellow commissioner asked the previous sewer pipes were of the old clay material that's been replaced to cast iron that should be a much better set up for that i too would not go for removing the tree at this time. >> i agree small business want

to make a motion. >> move to up told her e hold the department and deny the appeal. >> on the basis. >> that the tree is healthy. >> mr. pacheco. >> we have a motion from commissioner fong to uphold the denial on the basis the tree is healthy and on that motion on that basis commissioner hurtado president is absent, commissioner honda. >> thank you the vote is 3 to zero this september 17, 2014, is upheld on that basis. >> thank you next item item 67 is a jurisdiction request for the subject property the board received a letter taking jurisdiction over the jurisdiction permit which waltz

issued by the department of public works on april 2014 the appeal period end and this request was filed on june the permit holder is bell engineering to install a new cabinet it was held as a public meeting and this was upheld to participate in the vote commissioner hurtado i said your h you've received those materials. >> yes. and prepared to vote. >> so the board can move into dligsdz at the last hearing there was a motion considered but no vote taken to grant the request on the basis there were invert errors on the part of the department back to where i upper before and unless there's

further deliberations. >> this is for the same case we're going to hear. >> it's up to you commissioners, if you grant the jurisdiction request mime recommendation you continue the next case so the two matters can be heard together. >> i'd soon as not continue the case we have it calendared and agendized lifestyle to make a decision when we're in the room. >> to a point of the distinction there's a point of the validity of the permit on appeal. >> understood. >> okay. >> well, my view is that we should take jurisdiction and continue it so that is my position commissioner honda.

>> why, why do you feel that commissioner. >> because i believe that we need to hear argument on the permit. >> okay since there on calendar for tonight how will that effect. >> the case on calendar tonight is an appeal of the reirrelevance of the appeal they're requesting to appeal the first issuance of the permit we need to resolve the first one before the second one otherwise yeah. - that makes sense. >> so hear this one and rile on the jurisdiction. >> then continued to be harder together. >> or they'll have an

opportunity to file an appeal sgo don't necessarily have to. >> it's my motion grant the jurisdiction and continue them. >> let's do one at that time. >> so your motion to grant the jurisdiction request on the basis on errors on the basis of the department error. >> i will say that there was some miss communications that occurred we examined that at great length. >> okay. >> we have a motion from the vice president to grant the jurisdiction request commissioner fung president is absent commissioner honda thank you vote 3 to zero because of the boards vacancy the jurisdiction

request is granted and the gentleman has a new 5 day appeal period to protest this permit and it ends this coming monday. >> i'll call the next item george vs. the department of public works bureaucracy street mapping on 26th to 1950 bell excavation permit commissioners would you like to hear briefly from the parties whether or not to continue this case or do you want to - >> i don't believe that's necessary because we granted jurisdiction in the first appeal and i'd like to hear them together since their closely related so i don't believe that that is necessary unless my fellow commissioners want to

hear argument and i think we should allow them to discuss the continuance as a procedural matter. >> okay one minute. >> we can hear in the appellant. >> on the scheduling for . >> on whether or not this should be heard with both. >> i think we should hear them now with the process. >> state your name for the record, please. >> i'm steven mcdonald i represent the appellant george. >> okay. so that's your position we'll hear from the gentleman. >> is that the gentleman's attorney so we'll hear from mr.

johnson. >> good evening, commissioners foster johnson for at&t at&t didn't have any objection to hearing this appeal this evening or continuing to a later date, however, i have a request when i'll explain one of the issues that was raised on the briefing the only evidence that the gentleman offered in jurisdiction request is hearsay the government codes specifically says the administrative bodies can't basis their evidence on hearsay it appears that is what the board did my request give the board to give a reason other than the record why the board

thinks the rule didn't appeal or at&t is incorrect about the law i ask this because this case that will be appealed and it's only fair to the trial judge which the reasons why you think you can take this decision and it's important that the judge know that it's also a requirement from the california supreme court that our findings reach the analytic gap between the evidence and the ruling i simply request that the board give some reason on the record so the court can look at it why you think you have jurisdiction. >> ms. short. >> the department has no objection to every hearing the case this seeing it continued

thanks. >> okay any public comment on that item on the issue of continuing this case? seeing none, commissioners do i want to stay a motion to continue or not and just i'd like to put one suggestion out there if there are two different decisions for those two appeals what does that mean? >> commissioners i'll move to continue this case since we have historically granted jurisdiction the issues the jurisdiction is not part of the issues and this case is tied to the granting of that jurisdiction i so, so move we continue and commissioner would you like to state a date i

suggest november. >> what would you suggest. >> november 5th the calendar is full but to keep it from lagging. >> move to continue this to november 5th. >> mr. pacheco. >> on that motion from commissioner fung to reschedule item 7 to november 5th commissioner hurtado president is absent are commissioner honda thank you vote is 3 to zero this matter is rescheduled to november 5th. >> thank you mr. pacheco if mr. charles comes in to reschedule then we'll reschedule that next is the department of public works vs. the property on 699

protesting the issuance for the pacific bell of the excavation permit installing the permit for the application it is on for hearing tonight we'll start with the appellant. >> okay

ms. fee would like to pass forward an identical set of photos. >> sure can we make sure we get the photos from the permit holder i don't know if there's a copy for the department as well we can take a look and pass them here's another set. >> i can share this. >> good evening madam president, vice president commissioner fung and commissioner honda my name is viola yee my property is located on the southeast corner of package and stereotyping streets i have been burdened with a

disproportion share of graffiti and vandalism activities for more than 25 years my name is my property has been cited by the street management because of them the department of public works anti graffiti unit is aware of my burden dealing with graffiti based on the notice of violations that they've posted on my property and my porn's at the hard of hearing hearing i've informed them my property is vandalized on numerous occasions even when the department of public works is not there to cite my property i've had to paint over the graffiti or face

a fine of 5 hundreds but the proposed surface mount cabinet in front of the north side can easily attract graffiti on the cabinet and 37 feet of wall space on my property opposed this smf. >> you can continue. >> across the street on the southwest corner of stein and the street is a at&t smov that gets graffiti and garbage dumping that's it a blight 90 for many years in our neighborhood i have two examples to share with you as evidenced by my concerns of recent graffiti on the smf across the street from

my home exhibit a one a and that's the small picture that shows it, too. >> overhead. >> this one is undertaken on july 28, 2014, the southwest corner of steiner street this shows exhibit 1-b on the other side of the mounted facilities both sides front and

back now the photograph on july 28, 2014, and then i have exhibit 2 which is photograph on monday, september 15th today september 17, 2014, let's see where is that here - beautiful two days ago close examination of this cabinet shows pink and the cabinet handle it taped with pink because of the graffiti smf cabinet across the street serves as a constant maggot of gratefully i'm here to ask you

the previously issued permit for the proposed at&t smf cabinets on the southeast corner of page street the vulnerable of my wall my age and limited be mobility as a homeowner create an undue physical and financial hardship on me thank you for this opportunity to share my concerns with you this evening that's my - my to let you know. >> did you attend any box walk. >> i didn't know about it but i heard they went around march third, i was here for another hearing. >> thank you

there is a spot across the street 690 page they are - their building condominiums over there that's the only alternate spot for me at that time, and there's that's it i don't have much of a choice. >> thank you very much thank you. >> thank you. >> mr. johnson.

>> good evening, commissioners mr. johnson for at&t i have a couple of brief remarks for the administrative native record dpw's positions the permits is properly granted under the older owners which means the department found under the subject active guidelines it didn't have access to the public right-of-way she's not offered argument that the proposed maps would either violate the guidelines under the older smf guide order and while at&t is sympathetic to her concerns about graffiti as a matter of fact, of state law that's not a basis to didn't think the evasion permits and the argument

she's making that utility cabinets at&t utility cabinets shouldn't be allowed in san francisco because the tag was denied by board of supervisors filing on the facts i ask the gentleman from at&t about this cabinet i could not say that but they say in the no an at&t cabinet because at&t didn't put locks on their cabinet given that no evidence has been prepared by appellant it would imcommodity access there's no denial for the permit i want to make remarks