Skip to main content

tv   [untitled]    June 14, 2012 5:30am-6:00am PDT

5:30 am
our arena is the only special events space in san francisco that sits at that capacity. unfortunately, many events are going to the fox theater in oakland. live nation has a long history of responsible event management come out managing the fillmore, punchline comedy club, the theater, and outside of san francisco, the shoreline amphitheater. and before that, bill graeme presents. we know how to work with our neighbors and we know the importance of working with our neighbors. every since we assume to be -- ever since we assumed the responsibility of the masonic, we have assured best practices for the building. after hours of negotiations with our neighbors, we have agreed to conditions that are the best of any i have dealt with in might
5:31 am
20 years in this business. in the past year, we have hosted president obama twice at the masonic. i do not know of another event that poses more logistical challenges and hosting the president. i am pleased to say that we have worked cooperatively with the san francisco police department to ensure successful gatherings. we provide dozens of union jobs, contribute to the city's tax coffers through paying parking taxes and bring business to hotels and restaurants. the city's nighttime economy value rings true and we are a long time part of san francisco entertainment and music history. i want to thank the board of supervisors, the mayor's office, the planning department and the planning commission for helping us to navigate this far. it has been a long road to come before you today. our business is music, special events and event management.
5:32 am
we very much rely on our partners at city hall as we strive to keep the masonic alive. we currently have 12 conditions on the interim permits, and approximately 40 conditions on a conditional use permit, including conditions on the of all sales, curfew, maximum number of events, the security conditions, cleaning standards, load in standards as well as traffic mitigation standards. we appreciate your time tonight. we're certainly interested in any of your questions. >> commissioners, and the questions? >> with all of the conditions being placed on there, how do you feel about -- i mean, are you happy with the conditions being placed there? [laughter] >> i'm not sure happy is necessarily the best word, but again, we appreciate many of the neighbors' concerns. and we value our neighbors at all times.
5:33 am
i understand a number of their concerns. we believe that what we have documented through the planning board of supervisors has addressed these issues. we know there are others that feel differently. >> i mean, are you willing to accept those conditions? brecht's absolutely, yes. live nation has now been through the planning commission tries and the board of supervisors price. when judge cosmit found that the puc was not valid, we continued to operate under the conditional use permit as it's still was based upon the condition because we believe it is a good neighbor policy to operate under those conditions. we operated in good faith during that time frame as well. >> ok, thank you. stand by, we will hear members of the public like to address this issue. >> my name is alex rosendahl.
5:34 am
i'm the co-chair of the california music and culture association. as i think you know, we are an alliance of industry professionals, artist, and fans, dedicated to the preservation of music and culture in the state of california. we are here to support the masonic plc. the masonic is an historic venue for over 150 years. it is an important venue and plays an important role in san francisco's night by the economy, which we all know contributes 45,000 jobs and $4.2 billion a year into the overall san francisco economy. the safety and security, noise, traffic, and operations at the masonic have been negotiated with and approved by the planning commission and abc. you cannot be more rigorous in protecting the nob hill
5:35 am
neighborhoods and masonic and libation have proven themselves to be. event spaces are a dying breed. preserving the entertainment experience is good for the long term community building. having the institution in hands of such a respected operations company will ensure vital performance is that only the masonic auditorium can support. we urge you to support the poe. thank you very much. >> and i apologize i forgot to call the police department before i took public comment. police department, would you like to comment on this? officer mathias again. officer matthias: steve mathias again. in looking at this, we have met with a multitude of city department and the board of supervisors. after much negotiation with neighbors, planning, the nob hill coalition, the board of supervisors, we have all come to
5:36 am
an agreement as to how the masonic auditorium shall be operated. these conditions will ensure that all party sides are respected. these conditions will promote a venue that was strongly support the quality of life concerns of the neighborhood. -- will strongly support the quality of life concerns of the neighborhood. therefore, we support the approval with the list of conditions. this will promote compliance because there will not be different rules for different boards. the applicant will either be in compliance or they will not be. what we do not want is entertainment be either being more strict or less strict and people shopping for something so it is easier to enforce. if it fails to comply with any of the conditions, this is very helpful because the
5:37 am
entertainment commission can address any issues. >> thank you. now we will continue comments from the public. welcome again. >> i will keep it really short. we are in support of this permit. although, since it has been playing out in front of the city, we have been trying to reach out to live nation for a community outreach presentation and they have been non- responsive to our requests. we have had several phone calls and the males -- we have tried with several phone calls and e- mail spirited -- e-mails. but again, we are supportive. >> corner this guy in the elevator on your way out. [laughter] thank you. yes? rex good evening, commissioners. i'm here on behalf of nob hill.
5:38 am
we support the growth and vitality of the nob hill community. the major issue here is the judgment came down in april, 2011, which struck and revoked the conditional use permit that was it originally accepted by the board and planning commission. live nation and the masonic temple and the planning department and commission were required to go back to the court and present the continued findings to the court after approval. that has not been done. one of the requirement is that the california environmental quality act be complied with. that also has not been done. the fact that live nation and a masonic temple has sidestepped the ruling from april of 2011 is illegal and invalid. there was a lawsuit filed in may of this year. some additional issues that i would like to bring to your attention is that i requested a
5:39 am
copy of the application so i could actually see the facts being presented to the commission. he refused to provide a copy to me. one thing i requested a continuation of this hearing stridency the actual request as presented. at issue is that there has never been a permanent liquor license within the masonic auditorium. it has only been a lot -- and enter a liquor license. that is currently an issue at the cac. there have been hearings held and the issue of a permanent liquor licence has not been resolved. in addition, there are security measures that need to be reviewed, parking, traffic, all of those issues that would be heard under ceqa, the california environmental quality act, that has again, not been reviewed by judge goldsmith. >> i have a point of information. first, we are not allowed to question public comment. but i need a piece of information.
5:40 am
what you are opposed to is not their current existing use that has been in use since the 1950's. you are opposing the new use that they are proposing, correct? >> one of the issues that is before the court currently is that what the planning department and the board has said is a current use is an actual justification of the use. it is going from the numbers put forth by the planning commission, 52 live events. the planning commission will increase that to 68. >> the question is, there has not been a ruling on the current use, correct? >> in 2008, the conditional use expired. currently, there is no actual ballot use permit in effect. -- there is no actual valid use permit in the back. >> does the masonic auditorium have a current conditional use permit? brecht's i believe they do. >> any -- >> i believe they do.
5:41 am
>> any other commissioners have questions? any more public comment? >> good evening, commissioners. my name is david. i'm the vice president of the nob hill association, the oldest residents association in san francisco. just short of 1000 members. you need to understand the strength of feeling from the people that live around here. you need to understand how deep, deep this really is. for three years, a david and goliath battle against one of the biggest multinationals in the world, a $5 billion company. we have fought steadily. whenever this city hall has given an advancement in their situation, the court of law has
5:42 am
denied it. we are constantly requiring that they obey the law, not a lot more, to be honest. whenever you go with here, -- whenever you go with here, we will be going back to judge goldsmith. he knows what he is talking about. he understands the situation into medley well. -- internetly -- intimately well. you need to understand that 1000 people are in this organization. it was put to a vote and will have one person voting against. a motion of no support for allied nation. it is -- as a matter of intensification, we have no desire to close the building down or change its fundamental use. but we have a very strong desire and an unbreakable will to stop them from intensifying the use.
5:43 am
we have put together a lot of information, i mean, hours, thousands of hours of work, identifying what the historical use it to the is. we believe the course of lob will understand that and return it to its historical use. that is what we are asking for. please15 days of hearings on thc did not result in a conclusion. three days of the general secretary being on the stand did not result in a resolution. this organization was not built, the building was not built for entertainment purposes, and the first five years of its existence, it did not have no female bathroom. no organization cannot have a female bathroom.
5:44 am
they did not have female members. the masons did not allow it. it was not built as a place of entertainment. however, we understand in the modern world, there is a need for it, and a certain level of intensification. we will take this as far as it needs to go. we just ask for your open ears. presidents newlin: ok, i guess there is no ladies' night. vice chairman joseph: are you not glad we have a woman on this? i would like to make a motion, but i'd like to tell you what i am basing my motion on. this commission does not deal with liquor licenses or the taking away of liquor licenses.
5:45 am
that is not under our purview. that is what the state of california. whether they have a permanent liquor license or not. what they are asking is for us to grant them an entertainment permit for their existing use. what i understand is that anything that is before the courts or anything that is before an the other commission or board of supervisors in the city is about an intensification of their use. i understand this permit has been put forth not for an intensification of their use but just to codify their existing use. based on that and the fact that their occupancy is of paramount importance in this city, there is no other venue in this city with the occupancy load, i move to approve this permit for their existing use and incorporating
5:46 am
all of the existing conditions as put forth by the planning department, the board of supervisors, and any additional conditions by the abc. that is my motion. president newlin: thank you. commissioner: i second that. president newlin: thank you again. why do we not have a roll call on that? clerk: [reading roll] the motion carries. president newlin: good luck. vice president joseph: good luck. president newlin: ok, item number 6, a discussion and possible action to review the
5:47 am
existing place of entertainment conditions of rock it room, located at 406 clement street. >> to report on their activities, we kept the item on calendar because we wanted to track it and make sure we did not miss out on the timing. they have asked for a continuance, as the permit officer is on vacation, i think, and so with respect to this, we're asking that the commission to continue this item. we have been in communication with the venue. they are complying with conditions, and there are quite a few of them, says staff is requesting a continuance.
5:48 am
i think he will be back in mid july, so if you wanted to be specific, it would be a second meeting in july, at the very earliest. president newlin: ok. any public comment on the continuance of the review of rock it room? commissioner: second. clerk: same house, same call? ok. thank you. president newlin: item seven, commissioner comments and questions. vice president joseph: the lineup is very cool. donate at the door as you come in. please all attend. president newlin: thank you.
5:49 am
any public comment on that? [laughter] commissioner: this is june 12, the anniversary of filipino independence. i would like to join the filipino community and celebrating that today, and i'd also like to thank the mayor's office and the mayor's office on protocol and thing them for hosting a very nice flag raising ceremony this morning on the mayor's balconies. happy independence day. president newlin: ok. in that vein, i would like to share a story when i was a weekend captain, and they were celebrating philippine independence, and they started out been meant that was being held -- i got it. that is next item. they had a venue at bill graham's auditorium, and they started the event by marching around civic center plaza with a drum and a lot of pop and
5:50 am
ceremony, and this was a period of time when all of the homeless were camped at the civic center, so i was standing there, and all of these homeless people came up to may, about 9:00 in the morning, and they said, "we want to file a complaint. we are trying to sleep here." vice chair joseph: i love that story. commissioner: i just want to say there will be a joint queeer sumit -- summit with the harvey milk club. i am not sure who is going to be there, but it is a good meeting, and i believe bryant tan and scott wiener will be there, and
5:51 am
if you are looking for something to do, the screening of my movie "running in heels" will be out, about my running for the district supervisor, and it will be in the old tower records at 10:00 p.m. president newlin: if the movie is half as good as the title, it will be a blockbuster. item number 8, a request for future business items. i have an item. according to our bylaws, we are approaching the election period, so i'm going to throw two things out there. the current bylaws require maximum service of the president for two years, which i believe, i am not sure what the dates are, but i have probably used those up or close, so we have two options. i would not mind staying on as
5:52 am
president for another year, and then that would be it, but on the other and, i submit welcome that if there are people on the commission you are interested in taking office, i would be glad to handed over. i do not want to hog the thing. the on the thing i can say about taking this role of president is i think the key issue is to be able to keep the meetings on track and to keep them as expeditious as possible. other than that, the rest of the commissioners, as yet witness, have been part of a wealth of information and handle all of the questioning and stuff, so what i am proposing is sometime between now and the next meeting, you contact jocelyn at the office and let her know if you feel we should have elections scheduled for the next meeting or we should amend the bylaws to allow the current officers, and i know audrey would be more than happy to serve for another year as vice
5:53 am
president, so it is completely up to the commissioners, and, again, i just throw that out if there is somebody who is interested in the position, i am more than happy to pass the gavel, and if there is nobody interested, we will that do change the bylaws to allow audrey and i tuesday for another year, so i do not expect any comment now, but if you can think about it and contact jocelyn about what direction you would like to see the commission go, i am 100% behind that. vice chairman joseph: i want to say that the bylaws need to be looked at. they have been there for nine years and a to be brought up to date anyway, so under new business, whether or not you guys want to have elections or not, i would like to put on the calendar a discussion about the
5:54 am
bylaws, forming a by law committee with a date certain not later than the end of july to amend the bylaws, so i would like that to be put on the next agenda. president newlin: we would not have time to form it for the next meeting. vice chair joseph: we put it on the agenda, and then they come back at the end of july. president newlin: ok. i have no problem with that. the first is amending the bylaws with the president and vice- president and the other is just a complete overview of the bylaws. jocelyn sent them to me. i am not saying there is not anything that needs to be
5:55 am
amended, but i did not see anything, and it is quite possible that i missed something that somebody else would pick up on, and then the other is if anyone else on the commission would like to take over office of president and vice president. if you want to keep it as it is, we will have to amend that specific item, and aside from that, i have no problem reviewing the entire bylaws. any other comments? commissioner: when we do this, do we have to get permission from the board of supervisors, or is that allowed? vice chair joseph: no, we do not. president newlin: ok, is there any public comment on this?
5:56 am
you cannot sit there for an entire meeting and not say anything. >> something in the bylaws, and they show up for weeks and weeks and months and months, and we have had situations where there are only four people at a commission hearing, and that becomes a problem when there is a contested item, because that is my only -- president newlin: do you mean a lack of quorum? you probably have those on the top of your mind better than i. i do not remember any, but i am sure there are some. >> well, there have been a couple. bis jered joseph: how is bella?
5:57 am
president newlin: that will conclude the june 12 meeting of the antar containment commission -- of the entertainment commission, and if anyone knows who would like to take neal's place, that is a board appointment, so let us know, let the board no, and i am sure it helps to aggressively pursue somebody internally. ok. we are adjourned. captioned by the national captioning institute --www.ncicap.org--
5:58 am
>> i pledge allegiance to the flight of the united states of america and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all. secretary: can you please turn off your electric devices so it will not interfere? president, i will call roll call now. vice president marshall, commissioner dejesus, commissioner kingsley, commissioner turman, excused, commissioner lufty. mr. president, you have a quorum. president mazzucco: thank you,
5:59 am
inspector monroe. welcome to the police commission meeting of june 6, 2012. there are some items to address. we have line item number two, the election of officers, and we are going to take them off because we are missing commissioner turman. he is on the bike ride. i have spoken to other commissioners about this, and we traditionally do this when we have all of the commissioners available, so we will remove this item. also, 2 line item number one, we want to congratulate commissioner dejesus, who was elected to the democratic committee yesterday. [applause] so i wanted to do that. those are the two announcements i wanted to make, and, actually, there is another item, and i would like to move before public comment, located in the