item number four. >> discussion and possible action to revise conditions on conditionally granted place of entertainment permit to live nation regarding concerts associated with the america's cup >> ms. cane. >> i was motioning to you. i think it would be good to read the rest of the item here. >> this commission will modify conditions or taking other actions pertaining to a number of permitting concerts ending time of concerts including curfew extensions, limits of concerts, dismantling of improvements and restoration of site including america's cup events. future application by live nation for a similar permit and live nation to work with city agencies on draft

neighborhood and parking plan for permitted concerts. >> thank you. so just as review what you will see in your binder are three documents. one is the action that the commission took at the last meeting in the form of a letter addressed to live nation with bullet points regarding those conditions that were approved by the commission as conditions to the conditional grant. you will also see then a letter sent to the office i think dated april 10 -- requesting additional action by the commission, and then lastly we have given you our best effort at language if you were

to consider adopting any additional conditions based on the letter of april 10. they relate to four categories and why i had you read the item more carefully because they're pretty much related to those areas and curfews and parking and traffic issues and site restoration and number of shows and capacity and with that there are a number of people that are here i want to speak to and you obviously there is public comment you may want to take. in addition for the knowledge of the commission an appeal was filed at the board of appeals based on the last action and the commission did and right now the agenda is may 8 for that appeal, so that item will be heard at the board of appeals

at that time. commissioner joseph i think you understand the balance of what we're doing and if you want to walk through this for the commission that would be helpful. >> if it's okay with you i would like to address the letter of april 10 in your binder commissioners, and there are certain things in this letter we can and cannot do. item number one deals with traffic and parking which is beyond our purview but i do believe that lee is here to speak to that so i would like to invite you up to do that you're there. >> i'm here vice president joseph, commissioners and members of the public. i am the director of security and enforcement for the san francisco municipal transportation agency. another of my many functions is that i oversee all of the large

special events on behalf of the mta including last year's america's cup events. the perfect storm of events that we had in october, fleet week, america's cup et al, and i oversaw the traffic land for outside lands and the giants world series parade. we do planning and execution on each and every event that is held in san francisco. to mitigate traffic concerns as well as provide a very concise transit plan. my enforcement team handles the force efforts with regard to traffic issues, outside of at&t park including concerts that are held there. this is not our

first event we have worked with live nation about. we have worked with them on a number of things and i've always found that relationship to be very forth coming and a very good back and forth. we have been meeting about these concert events now for a little over a month and a half. we have what i believe is a very good transit and traffic plan. we will be utilizing probably about half of my enforcement staff that normally works at at&t park for an event about the third of a size of a sold out giants game. what i want to say to you as a commission i am very confident in mta's team on both the transit side and our enforcement side and really have very little concern as far as traffic enforcement and transit as it relates to the live nation

concert events and its number of participants so i am happy to answer any questions that you may have. >> commissioners, questions about the plan? >> does the applicant have a discussion with you prior to all of this obviously and the plan that set forth in our application is usually by your recommendations or how does that process usually -- >> so we -- i have met with ultimately a number of times, not just this event but the staff for other events and the discussions with live nation began some time ago with the events and they're very clear in what it is that we need to accomplish out at the pavilion for these events. i believe they're supportive of what we're trying to do there and really sort of see us as the transportation experts and they defer to us, so i'm very confident that moving forward

we're not going to have any issues. >> hello. [inaudible] i am wondering how can you communicate the plan to the public? >> well, i am getting a lot of requests lately for a document outlining our deployment. i don't put out to the public our deployment strategies because as you know these events evolve and they change and so when you put out something and it's going to change it kind of defeats the purpose. i can assure you that as an outside -- as in the events in october with the world series parade i will be there personally. my staff will be there personally and we change things instantaneously if they need to be. like i sa i'm starting with half of my team that works at the ball games

that is a 45,000 person venue. that may grow or lessen depending on what we see and i am erring on the side of caution initially and using more staff initially but i also believe it's safer to be sorry. >> i ask that because it seems like the community members are concerned about the traffic through the neighborhood, so one to alleviate that concern is give public education just something that we can do about kind of like letting the people know that you have a control on traffic. >> one of the things that we do commissioner and in fact this week i am attending a community meeting with regard to this plan, and i speak as much as i can with regard to what it is that we're doing out there. like i said this isn't a large event for us. we do events that are far larger than this.

outside lands for instance last year was 60,000 participants and i think you would be hard pressed to find with -- folks with an issue and i am happy to address this issue. at community meetings i have given my number and email and call me and i am happy to address it. >> and i might add that was in a residential area compared to this is. >> commissioner hyde. >> yes, i am wondering with other events this size have you done more or less work around the planning and the concerns? >> well the best thing i can say to you last july ed riskin hired me for the position and the way mta manages special events is

changed and i use a model when i manage and plan for special events like this so it's different than two years ago. i think what you can look for is events to be managed the same as they were this past summer. i think that the mta was horribly successful in what we did in last summer's events and all of the events since then moving forward so i am very confident in the direction we're headed in terms of special event planning. >> any other questions? >> i think personally you do a great job and i understand if you don't want to do -- this is very specific how we will deploy because being in the event business things do change and not publicizing your deployment is better for the event and the police in general. >> and frankly commissioner

joseph last year's october events we didn't publish the strategy for those events. it's a public safety safety issue for us. that's the reason we don't do it and we can see how successful how last october was. >> thank you. >> thank you very much. >> so commissioners just to direct you that item number one in the letter of april 10 doesn't come under our purview so there is nothing we can do about it. we can't address it here. going forward -- well, the letter, you have looked at it commissioners. is there any other information that you need for items two, three, four? >> so we're talking about changing the 10:30 p.m. curfew

on many of the events to 10:00 p.m.. is that correct? that's up for discussion here? >> let me see. >> it says on monday through thursday with music until 10:30 p.m. and the band would end at 10:00 p.m. >> i think if you look at -- [inaudible] ; right. so this is an agreement struck by live nation and the america's cup with the neighborhood association. it's in the agreement. we can agree or not agree to do this. this is based on our motion at the end. >> because the item -- correct me if i am

wrong. because the item is with the board of appeals we can only recommend conditions to the board of appeals but can't make any amendments right now. is that correct? >> yeah just for clarification since i didn't know when you were going to bring this up just so the commission is clear. it came to our attention in the item on the agenda speaks to this in general that because the appeal was filed this commission no longer has what we would consider jurisdiction over this permit or conditional grant, so while you can speak to the concerns brought before you by the neighbors and the applicant what you're doing is speaking to me in theory or to the board of appeals in abstensia and then direct me to carry those through to the board of appeals when

that board is deliberating on the permit itself, but just for technical purposes you are not today going to be able to move to amend those conditions, but you can speak to the content of them. you can discuss them as you might in another hearing. you can consider public comment and the wishes of the applicant. i just also then want to direct you to that last -- the one pager that staff has included in your binder that might assist you with respect to these curfew issues because it can get confusing and i want you to be clear for the folks watching us on the internet as well as those in the audience that we're deliberating on. there was an amendment made outside this commission. there are i was to

craft your direction to staff that might be clearer necessary leer or reit lait the agreement. that's up to you. >> so commissioners can i give you a few minutes to look at that last page and open the floor to public comment in the meantime? >> well, initially we didn't see any of this as all new stuff they want to add. >> yes, they want to make amendments. >> which we cannot actually make amendments. >> right. >> okay. >> and i have one more question going through this because it's a little bit convoluted and i want to make sure i understand everything. the suggestion is the change of the curfew and then i have a reply here that says -- or something that says "permittee must give requests to the sfpd within 10 days notice. encourage to work with

neighborhood steering committee request for curfew" so there is a limit on how many can go to 1030 and how many to 10:00 o'clock but within a 10 day notice that could change the time and it might go later. is that what i am seeing here? i'm just a little confused by that. >> i think the easiest way to consider this is go back to what was initially agreed on by this commission. consider more general language for the purposes of planning going forward, and then consider the difference in the way that condition that you have reads in italics versus the letter, and think about the most simple way you can give instruction to the

applicant and to any other parties involved in that, so that they can move forward with knowledge of what they're expected to do. the other thing that is really important to do is make sure these conditions as always are enforceable by this commission. if they're in the permit and we're going to be looked at to enforce the conditions of the permit then they must be something that we're capable of checking on and enforcing and coming to the conclusion whether they're in or out of compliance, so that's why simple is better in this case and more complicated, and if there's reason for the applicant to make additional agreements with neighbors outside of the permit they're free to do that at any time. >> okay. >> make sense? >> yep. >> okay commissioners i'm going

to open the floor to public comment on this item. i have a couple of cards. i would like to call gary boto up first. >> i am a resident on lam bard street. yes indeed the commission does not have the power at this time, at least in my opinion. you know the rules you're working under to change the permit in any way because of the appeal. we certainly expect the appeal to be successful and the whole permit set aside and it would be a waste to make any changes in it. this is typical live nation technique. obtain a permit with deception, mis representation, and then come back and tweak it when nobody else is looking. this is what

we have seen before. i have heard before. i do have the notice of appeal of the suspension right here if anybody wanted to see it. one of the things i would like to point out is live nation came to this commission with a letter dated march 27. after nine meetings with our neighbors representing telegraph hill dwellers association, the homeowners association of 101 lombard, tell graph landing and the barbary coast neighborhood association we formalized a steering committee and a unilateral act as far as i am concerned. these people don't represent anybody but themselves. they represent various groups. it says it. i

can assure you that 101 lombard homeowners association has not given that to anyone and certainly invasion of our neighborhood and i hope i can convey to this commission tonight that by granting this permit you have not complied with the provisions of the police code. i'm just going to read a little bit of it because i like to use that as a platform. "that a permit is not to be authorized when mitigation under the security plan submitted by live nation -- and i hope i can keep talking because i have good information. >> is that the warning? you have 30 seconds. >> the provision of the permit is not consistent with the

rules for the entertainment commission to operate under and lastly i would like to say would you please commissioners come out from behind that dais, and go out and visit the site. >> thank you sir. i appreciate it. >> next person up is brian hornbeck. >> hello. we are the dreamers of dreams and we are the makers of music. those words were penned by ron dahl and spoken by gene wild der in charlie of the chocolate factor. i am brian hornbeck and i the president of the cofounder of the san francisco skate boarders association a public advocacy

group that supports parks for the city and a proud number of local 16. the group working these events. i couldn't be the founder of the group unless i was in this group. it gives my the flexibility and able to do things that we all find necessary. i would like to make a few points based on my experience as the president. i have been to meetings stand up to negativity and unwarranted and people opposed to whatever project and explain to you that the world will collapse if you proceed. everything that can go wrong will go wrong. i am here to say they're ignorant and

it's not the truth. my experience with our kids in skate parks have proven the loudest detractors see their protest not substantialized and what happens is enjoyment by neighbors and good fun by all. just like when the giants moved into pac bell park and a lot of people thought there was going to be problems when the rolling stones came and a lot opened their windows and had a good time. we are not the dreamers of dreams. we are not the makers of music but we're are the men and women behind the curtain. our job is to be of service to others. our livelihood comes from the dreamers of dreams and makers of music. please approve the concerts until 1030 and let us

make good times for the good people of our city. >> thank you. >> any other public comment? >> good evening commissioners. i am frederick alerdice and here on behalf of the open space on the waterfront and thank you to hearing us last week. first of all i have canvassed personally the president of the telegraph homeowners association and 101 lombard and they never had a request regarding this issue. they allowed a committee to represent them but the board has not asked the owners or members of those associations what they thought, so the people signed on the to the steering committee are representing themselves and misleading and you they don't represent the neighborhood and not approved to do that by the governing body want i want to

continue on to a letter that you have a copy of. "dear members of the entertainment commission this represents open space for the waterfront and as you know on april 12 we appealed this commission and the approval to the board of appeals. if you would like a copy that permit is suspended and it's no longer under your jurisdiction to discuss or review. you can do what you want on your own but the appeals board sent this out to everybody. mr. lippy points out that our clients -- the commission taking any action except revelation while the board of appeals is pending they respond make any such action presents us with a moving target on the appeal and require us filing a second appeal which would be prejudicial to our

interest and expedition of the appeal. i want to point out that the most important thing here is that the police commission that you act under -- penal code -- or police code 1006 0.5 notes that the premises of proposed operations in the business lacks safeguards for emission of noise, dust and odor and interfere with the public welfare or neighboring property and thousands of people getting out at this time of night walking out and will not affect the noise and this neighborhood is not happy with the decision so far and they appealed it. i want to thank you for your

consideration and we will be back. >> thank you. is there any other public comment? seeing none public comment is closed? commissioners i would like to at this time make a statement, make a motion. first i want to make it perfectly clear to everyone that the grant that this commission did at the last meeting is a conditional grant which we often do. a conditional grant allows the permittee to get sign offs from all the departments that sign it off, building, fire, noise and so on. once that is achieved then the permit becomes a permit, the conditional grant becomes a permitted grant, so what you did at the last meeting was a conditional grant so at this time, and i can make this motion. we can second it and do further discussion if you choose. at this time i would

like to make a motion to recommend that the director of the entertainment commission goes to the board of appeals on our behalf and amends the place of entertainment permit for the america's cup pavilion. that is currently under appeal to the board of appeals consistent with the following amendments. curfew for paid concerts can be extended by 1/2 hour. permittee submits request for curfew engs tensions to the san francisco police department with at least 10 days notice. sfpd is encouraged to work with the neighborhood steering committee for requests of extensions. two, the permittee should abide by contract between america's

cup and the port of san francisco to remove all site improvements and repair any damage by october 31, 2013, and lastly no more than 30 concerts at the maximum capacity of 9287 are otherwise set by sf fire department. and further authorizing our director to present these recommendations to the board of appeals together with any other corresponding amendments and clarifications to the permit that may arise for approval by the board of appeals and that is my motion. >> second anybody? >> i will second. >> okay. second it. now we can open the discussion if you choose commissioners. >> you know we have a