call the roll just like you to take a few seconds and in consideration of what happened in boston. okay. call the roll. >> commissioner lee. >> here. >> commissioner hyde. >> here. >> commissioner akers. >> here. >> we have a quorum and for the record commissioner tan is absent. commissioner perez is absent for the moment and commissioner newlin is absent. >> item number one pent comment. this is the opportunity that the public may address the commission on items that are under our jurisdiction which are not on the agenda. i have one

card. marsha garland. >> [inaudible] >> hold on. >> try it again. >> [inaudible] >> try it now. >> live from new york. my name is mashie garland and i am here to address you during public comment to announce publicly to the people who watch this on television that live at the razz closed a couple of weeks ago. a lot of people have asked me the

reasons why, and i would say without all the back stories really are nothing in my view but gossip. they were overwhelmed by the bureaucracy, but they most importantly went into a building that had a readapted use. i see you nodding your head commissioner. i have seen this before with piena and at the theater complex where a business went in as a restaurant and as soon as it changed to have entertainment it didn't work because the building wasn't designed to house anything like that. this beautiful show room where live at the razz went had the same problems. when i went there -- i went there for the lot of four months as patty lapone. the

food was good and security was great and i don't believe there were complaints about those performances and you were mag nammous to give them and show case her for time she was here but it wasn't enough to save the business and they are leaving san francisco or i suspect they are and either this commission or the planning commission has to find a way to project applicants like live at the razz from this happening in the future. there is a lot of buildings that get reused. ghirardeli square is another one and i believe they were the first in the country and it's great to see them get used but not when we lose businesses like this so thank you very much. >> thank you. is there any

other public comment? seeing none public comment is closed. [gavel] >> item number two review and approve the minutes of march 5, 2013 and april 2, 2013. okay. commissioners. is there a motion? >> i move to approve. >> we have a motion. do we have a second? >> second. >> we have a motion and a second. is there public comment on our minutes? seeing none call the roll. >> commissioner. >> i. >> commissioner. >> aye. >> commissioner ache. >> aye. >> commissioner. >> aye. >> next up report from the executive director. you're up. >> thank you commissioners. i

didn't write anything down. this is going to be a short report. there is legislation to address as a item today and there is nothing to report new on that order. i wanted to introduce you to the woman sitting across from me who you may or may not recognize. our secretary crystal stewart has left for her maternity leave and you will have to assist me with your name. nidar. >> [inaudible] >> she will be filling in for crystal in the office and at the meetings, and she's smart as a whip so say hi. >> hi. >> and lastly i just wanted to update the commission relative to a seven day ses spens under

the headings of corrective action that we issued to sloane night club at 1525 mission street. we put out a seven day suspension that went to appeal and that was withdrawn and with negotiation and we were able to do a suspension of the entertainment permit from april 10-16, 2013. mr. granelli may report further but i believe they did remained closed during that time and we hope to see improvements in their operation going forward. i think that's all i'm going to talk to you about at this time. vajra did you want to pick it up? sorry. >> commissioners i will also keep my comments short. you will see in your binders my report. a few things. one,

you will see the complaints of brick and mortar. we have been receiving complaints for a while under the commission knows and they have received three citations in six months so we're talking to the management of brick and mortar to come in for the next commission meeting so they will come before you for possible recondition of their permits and possible suspension. under the code three citations in three months for the same offense each time automatically puts them into possible citation or suspension so we're bringing them before -- ms. cane and i felt beyond just doing the suspension it a recondition could come in handy so i wanted to give this commission a

head's up and hopefully if things go well it's next meeting and you will see cafe cocoa mow and continues to be a problem and we are working on that sound complaint and rocko pocko and we have met with the management and ingle side station so they are changing some of the security protocols and working closer with ingleside station and ourselves and the good news both incidents in the week happened with the same promoter and they're no longer doing business with that promoter so that is a good first step. going through the list as far as highlights we also have been talking to commission statement and permit officer. we're talking. we're

seeing increase of incidence at a couple more places and we will working and talking to management of both of those venues. is there are any other questions we will keep it short. >> questions commissioners. >> i open the floor to public comment. >> sore i didn't see you. >> the people doing the promotion at rocko polco are they on the list for promoters? >> this particular promoter was out of l.a. and to our knowledge they were not. >> so since we have that list so we can hold the promoters accountable how are we doing that? >> how are we doing -- >> how are we holding the promoters from l.a. accountable? >> if they're not registered

there isn't much we can do and the respond is with the venue and who they're doing business with. >> i understand but we had the list and it was to help keep promoters in line, and hold them responsible for bad behavior -- >> so that's why i need to interrupt you and explain. you're not the only persons that has those perceptions around the registry. it's simply a registry so the city has an idea to who is doing business. it's not something to hold the promoter responsible to the e at the present time we don't have. >> >> permits or any way to make a promoter responsible. certainly if a violent incident occurred or criminal in nature and we have information about who this is we can give that to the police or the investigations or whatever it is that is pursuant

to what happened but respective to our permittee it was always a list to know who was operating, but we were always and have always operated with the intention of holding venue operator responsible which is what we have done there and their response has been to stop using that promoter which i think is the best outcome at this point. >> okay. thank you. >> any other questions commissioners? i open the floor to public comment on the executive director's report. seeing none public comment is closed. next item on the agenda 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 said 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