i want to make it clear i do not think the police department should be encouraged as a naysayer. police just want to encourage due process. president newlin: anybody else for public comment? matters with the commission -- if you have a month, we have time in our next meeting. if we have time, maybe staff can run it by the city attorney. i certainly do not want to lose your ability to develop something in that area, where the city needs improvement, especially in that neighborhood. i would not want to do anything that would prevent that from occurring in the long haul. but we do have a process that would be personally -- i would be afraid of going forward with it until we got some directive from the the city attorney -- from the city attorney. with the applicants be amenable to continuing this to the meeting of october 25?

>> i would. we would be amenable to that, yes, mr. president. however, i think ms. kane can address this issue. we have been posted 30 days. i am not sure, if it did not go out. that was not our fault. i think there is a process, and it is statutory in terms of the timeline and the response. i am not sure why zoning did not respond. i am not sure why the police department did not respond. yes, we will take a continuance for two weeks. president newlin: thank you. do we have to vote on the motion? the somebody want to make a motion? no. they requested the two weeks. will we accept a two week

extension of this application? >> motion to approve, to continue. >> second. president newlin: excellent. commissioner cavellini: aye. commissioner hyde: aye. commissioner perez: aye. president newlin: item 7, commissioner comments and questions. anybody? >> i wanted to say it is national coming out day. if you are not out already, do it now. i also wanted to -- howard grayson, who is a longstanding activists -- activist in the city and a long-term member of the harvey milk club. he passed away two thursdays ago. i want to recognize that he will be sorely missed. i think that is it. president newlin: item eight,

new business for future agenda items. the what? excuse me. did you want to do a report? a short report? a very short report? [laughter] we have had a lot of action items tonight. >> i will save a few things. i want to rehash what has been going on in broadway. probably the issue we have right now is with department 24. i would like to maybe sit down with them and hammer out -- we have had a lot of problems. they have just turned over to new owners. we are getting large party buses coming in. it is at capacity. they get off the party bus with a prepaid ticket and cannot get

in. it is creating huge problems on broadway. it is overcrowded as well. we have been making sure they are in compliance. lastly, we got a letter from someone that is out of town. i will read it briefly and let you know what we are doing as far as that. "my husband and i are frequent visitors of -- visitors to the city. we visit giants games, the theater, and many restaurants, as well as other things to do. well there, we stayed in a hotel near the roby sky. on some thursday nights and friday and saturday nights, the clubhouse parties." the person goes into the different issues we have. i contacted roby sky, and we are dealing with that. we are talking about the good

neighbor policy. he is extremely receptive. i think we will be able to take care of that. >> i apologize. i wanted to tell officer matthias, since he is here, that the new application for apartment 24 will be in front of the commission in, i don't know -- three weeks? for weeks? -- four weeks? we will have an opportunity in a formal way to consider that in terms of not just advising, but in terms of conditions. president newlin: 1 comment. i was speaking to some of my colleagues at dpt. they still tow a lot of cars on broadway. the toy trucks are lined up. we see the back end of it. we see the tourists going up

there for a nice dinner at night. i think that ask you about this once before, and you felt it was still necessary to control the problems on broadway. the think that is still relevant today? >> is hopeful from the standpoint of traffic, as far as keeping them open, and as far as people not being able to get hold of a weapon while going into their car. i will speak with my captain. we can come back with his feelings on it as well. president newlin: i would request that if it is determined that it is necessary, we do not seem to be making any progress with the sign shop. we see the back and getting nailed. -- we see the back and getting nailed. the theory behind traffic control is should not be used as

a law enforcement function. it is counterintuitive. people are not looking for a towaway. they are going out to dinner. we are not seeing gang bangers coming in. we are seeing live to commit people. -- we are seeing legitimate people. if you want to keep the restriction in force, would you work hard with the captain and police department to press upon the city engineers, the meter people, or assign people to put individual signs on every meter, just a little sign that says this is towaway on friday and saturday nights? nobody looks for it. i know they have increased some silage, but they are going like crazy out there. we are not telling anybody that is -- we are not towing anybody associated with gangs. we are just penalizing people who come into the city for

dinner and entertainment. i hate to see it happen. if that has to be -- if that is necessary, i think we should do stronger out reach to keep people from getting hit so hard. ultimately, they do not want to come back to the city. we are all losing. ok? >> i just want to thank and congratulate director came and the staff for hosting the eighth birthday party for the entertainment commission two weeks ago, as well as the meeting today. i thought it was a very informative, so thank you. good job. president newlin: it was a very nice party. i got a great picture. item eight, new business request for future agenda items. seeing none, i will officially close the tuesday, october 11 meeting of the entertainment

commission of the city and county of san francisco. thank you.

good evening and welcome to the october 12 meeting. vice president michael garcia's, chris wong, and commissioner peterson. to my left isn' the deputy. she will provide any legal advice this evening. i am the executive director. iwe are joined by executives who

have matters of business. we have the department of public health, and i believe our representative from the department of public works. at this time, if you would please go over the meeting guidelines and conduct the swearing in process. >> the board requests you turn off all phones and pagers. please carry on conversations in bohol way. the board rules are as follows. appellants and representatives each have seven minutes to present their cases and three minutes for rebuttal. people affiliated who conclude their comments within three

minutes or seven ministers. members have up to 3 minutes to address the board and no time for rabat calls. members of the public who wish to speak on an item are asked but not required to submit a speaker card or a business card to board staff when you come to the podium. speaker cards and hands are available on the left side of the podium. there are customer service satisfaction forms as well. if you have questions about requesting a rehearing, please speak to staff during a break in the meeting or call the board office in the morning. this meeting is broadcast live on san francisco government television company and now and dvd's are available for purchase

directly from the sfc tv. we will conduct are swearing in process. if you intend to testify at any of the hearings and wish to have the board give testimony, please stand, raise your right hand, and say i do after you have been affirmed. any member of the public may speak without taking a note. do you solemnly swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? thank you. >> we have two housekeeping items. the first pass to do with a jurisdiction request regarding 3525 pacific ave. that item has been withdrawn and will not be heard this evening.

also with respect to item no. 6 regarding a proposed medical care of those dispensary at sutter st., the parties have jointly requested this matter be who reqsumed in january. goo>> i guess what the fed is dg may have influenced that, but i would move to reschedule. >> is there any public comment on that item? seeing none, call the roll please. >> on that motion to continue appeal 11-069 on january 18, 2012. [calling votes] the vote is 4-0. the appeal is rescheduled to generate 18.

>> moving to the first item, which is public comment. is there any member of the public who wishes to speak on an item that is not on the agenda? seeing nine, item two, which is commissioner comments and questions. >> i want to announce i will be and who absent for the october meeting. >> we will move to item no. 3, which is adoption of minutes. for your consideration are the meeting who menace -- meeting minutes. >> comments? i will move for adoption. any public comment on minutes amonte who will call the roll please. >> on that motion to adopt the minutes.

[calling votes] lotus 4-0. those are adopted. >> item 4a has been withdrawn. we will move to item b. the board who received a letter regarding the case decided in september. they voted to uphold the 30-day suspension of tobacco sales permit on the basis of health code violations. i do not see the appellants, the requester is in the room, so you have a choice of continuing this later in the hearing or deciding now, and we can hear from the

department of public health. >> let's go ahead and hear from the department. >> did you find your phone? >> yes. good afternoon. i am with the san francisco city attorney's office. i am here on behalf of the department of public health. i believe the board received a letter from the requester on this matter received by the board of appeals on september 26, 2011. i reviewed the letter. you have as well.

in light of the fact that requester is have not appeared, i would ask the board to deny the request for consideration. >> is there any public comment on this item? seeing none, commissioners, the matter is yours. >> i would hesitate to do something on got off chance the person is late and will show ou, but there is nothing new, as stated in the brief, so i would move to deny the request for rehearing. >> i would echo that. >> should we call the roll? >> on that motion to deny the rehearing request.

[calling votes] the vote is 4-0. this rehearing request is denied. >> we will move on to item no. 5. subject property is golden gate avenue, and this is protesting the issue on october 9, 2010 to the university of san francisco for a minor encroaching on to the sidewalk right of way. this permanent public hearing was held on january 19, 2011. on march 23, 2011, the matter

was considered further to allow time to provide of st. in 2004, and trees were moved. on may 25, the matter was considered again to allow the parties to continue discussions. we will give each party three minutes. gov. >> you need to oust the board if they want to a accepted. >> good evening. i have a letter outlining proposed conditions of approval and modifications of the permanenit the usf will accept. >> i am curious why we did not get it in our package. i would move to except it.

-- accept it. the only issue we believe is described in this letter. i am going to walk you through the proposal to modify the encroachment permit previously permitted. we have been here a few times, so i will not go through all donthe history, but there is a six-foot area with a retaining wall. the current proposal, u.s. the fed is prepared to remove abortion of the retaining wall,

and reduce the encroachment by approximately 84%, so what we would do is, this is a of a corner of where i'm pointing for the offense starts here. it would be moved all the way to the property line, so it would follow the property line along all of this section until it gets to a point here and then for roughly 200 feet thick ankles in and encourages about 3 feet into the public right of way, angles back inside the property line when it runs back here, so all that is left would be down to only a three-foot encroachment for approximately

200 feet, and what we are trying to preserve is the existing retaining wall. we would remove the retaining wall but extends to the east of the fence. it can go to a natural grade, and the portion that is in the public right of way would be retained the hindgut france. we would also install 11 new trees. this is the product of a lot of discussion with other neighbors. we had originally indicated we thought the work could be completed within two months as

we resolve this. we got close to a rainy season. we do not want to have to start during the baseball season. they will complete this work as promptly as possible, and it will be completed byroby july 3o we would ask the board granted this appeal, which would reference to this plan. >> the best time is in the rainy season. is it in feasible to plant trees prior to doing the other work? >> i think it would not be appropriate to plant the trees and take out the fence.

if we take it down, then we would be in a position where there is no protection for the public. i think it is clear that all the work wants to happen at the same time. i do not think we want to install new trees. >> someone else seem to be concerned about whether you are going teuton recycle the fences. -- going to recycle the fences. >> if you are going to speak, you need to speak into the microphone. >> i had not talkined about in

being removed. >> what i meant was to reuse the same sense. >> it would not be appropriate because it is going to be a different height 3 goo. we wanted to be the black one rather then the silver france during of >> i think the question is having to do with the height. >> what is the existing height? >> 12. >> we can hear from the appellants now. >> before we start the clock,

did you get a copy of what we were just handed no. did you get those just now? >> i got an earlier version, so close enough. >> just reference to the overhead. >> i basically agree. this is a compromise with one major condition. i did want to quickly clarify one point that was touched upon. if you look of the actual letter, it says we may relocate the existing fence, but if the

new fence is installed, it will not exceed 8 feet. i am asking that letter be clarified, but to go through the other issues of timing, basically what mr. bryan said was about was the only issue. i recognize we made a lot of progress. the timing issue is of concern, because if you look of the original note is to repair a sidewalk, it was issued. it is that a repair within 30 days, -- it asked that the repair be made within 30 days. now they are asking for nine and a half months. the other thing is i actually contacted jodi about the