the clean up trucks like to come in when there's no traffic early in the morning. ~ >> has it been a fair statement to say at the time of the meetings, you didn't raise the port-a-potty and the movement of those and the timing of those, would that be fair? they were not brought up by live nation and -- >> but it wasn't brought up by the neighbors either? we're not planning the event. we're reacting to what's happening. >> [speaker not understood]. right. so, when you start thinking about it, you say, well, yeah, but there is going to be sanitation. there's going to be liquor and food that's brought in. >> i can't he, what i just want to understand is what was done in those meetings, were the people at those meetings and their issues addressed, were they met with silence, were those issues not addressed at the meetings and brought about later? ~ were those issues until today ever brought to the attention of the sponsor of the permit holders? some issues that were raised by people --

>> the issues you articulated >>ed no, they were not mentioned either by live nation or by the people who attended -- the attendees at that meeting. >> thank you, that's helpful. >> thank you. next speaker. good evening, commissioners. my name is bob [speaker not understood]. i'm the vice president with the -- excuse me, with the barbery coast neighborhood association. i'm a member of the aforementioned neighborhood steering committee and because the hour is late and i've been delegated to also represent telegraph landing's america's cup committee, which is located telegraph landing is 150 lombard. first, i'm here to express my support for the permit with the added conditions that are contained in the april 10th

letter to the entertainment commission which i believe has been forwarded on to you for consideration. and i would urge you to deny the appeal. now, looking back in the details earlier this year in the press about the concert series, the scope, the number of concerts and so forth, there was rightfully created a number of concerns within the community. [speaker not understood] naturally, congestion, noise, thing like that that inconveniences and changes in their normal life. but i think to their great credit, the organizers have been willing to engage sincerely with neighborhood. there have been a number of meetings with the community. they've already been discussed. large meetings, small meetings,

meetings at different housing areas as well. and in those meetings the organizers and live nation have been open. they have been -- they have been willing to share information. they have listened to our concerns. in a word, they've been forthright about things. at the same time, they've also been open about their constraints, about thing -- their limits as far as how far they could go. but they have been responsive to the concerns that were expressed in the meetings. that's been my observation. in several meetings, a large meeting that was mentioned just a minute ago, there were a number of concerns expressed, but several of them were along the line that essentially where you can't have this concert series, ask there's just no way to address that [inaudible] when your mission is to present the concert series.

so, the result of these discussions i think is reflected in the april 10th letter to the entertainment commission. i would call your specific attention to item 3 which speaks to the temporary nature of the concert series. this, i believe, is an important declaration for the community and the residents in that area. in conclusion, i urge you to uphold the permit with the added conditions from the april [inaudible], and we believe this will contribute to a successful america's cup event. thank you. >> thank you. next speaker, please. good evening, commissioners. my name is steve [speaker not understood]. i'm the business manager of the theatrical stage employees union local 16. we oppose the appeal and support the america's cup pavilion project. san francisco is a world class city that deserves a world class venue. for the past month our members have been working on in project

assembling the stage and bleachers. it will continue to provide jobs not only for our members, but for workers in the hospitality, catering, and transportation industry. two weeks ago the city of san francisco live nation hosted a job fair to seek ushers, ticket takers, and event staff where over 200 participants attended. on behalf of the theatrical stage employees, we oppose this appeal and support the america's cup pavilion project. thank you. >> do you know any other units, bargaining units, unions that are going to be providing labor for this -- the rest of these events? i do not know. i represent the theatrical stagehands and we have a collective bargaining agreement with live nation. >> okay, thank you. >> i've got a question as well. i see in the briefs that local 16, part of the agreement was

that you were going to have people at the sound board and, so, can you aloe elaborate more and explain how that works? because i believe a lot of the concern here is due to sound. right. >> so -- sure. i'm not a sound engineer, but yes, that is correct. we represent the technicians that run the audio consoles, the lighting consoles, deal with all the band gear. we provide all those technicians. and, you know, if someone says -- they all have db meters on their mixers. obviously if it goes to a certain level that exceeds the db ordinance, they obviously bring that down. >> now, are they going to be monitored -- monitoring each event throughout the whole event, or is it just in the beginning just at the end? you know, i wouldn't be able to speak to that. >> okay. sorry. >> and who would be -- live nation? probably live nation,

correct. >> thank you. thank you. >> is there anyone else? thank you, commissioners, for letting me have the opportunity to speak again. i feel really emotional. i have to admit. i think that this is what i know. we as a member this little community, beautiful community, we were told and we were so excited about everyone coming and enjoying the boat races, america's cup boat races. but then four months ago we find out for the first time it's not just going to be boat races. there were supposed to be 15 boats, now there's only three boats and -- but, there's going

to be concerts. there are going to be 40 concerts within four months. okay, what has -- what has happened? boat race, no noise, yes, wonderful people enjoying. but now 9,000 people coming into our little neighborhood, our little area that gets congested even on the weekend. then there's the ballpark -- i mean ball game, there's even congestion. so, i went to the meeting, the 150 people meeting because, yes, i thought, oh, my gosh, what's going on? we've got to know what's going on. i never heard about or got an invitation to go to the yacht -- to the america cup on a tour or anything like that. i didn't get specially approached. i didn't go into that place. and no one asked me to be on a

tiering committee. well, anyway, as you know, if you would have been at that meeting of 150 people, we were not all going, oh, yes, okay, you're going to do this. no, most of the people -- it was like hands up, hand up, you know. we were outraged. i know the police even probably -- they were all kind of like tense. where did these old senior citizens and, you know, older part of the community. but it was insulting. and then as i said, you know, they keep talking about the steering committee. well, i know two members of the steering committee and they were not present when those amendments were done because they were on vacation. so, anyway, my time is up, i know. but thank you for the opportunity to express my passionate feelings. >> excuse me.

how did you hear about the meeting, the one that you attended? those meetings -- oh, we had at 101 lombard, marcy albert and dianne, they had a newsletter. and, so, and that's the other thing i want to tell you about. 101 lombard did the board, board of directors never approved marcy and their commune ~ communications to us. that was not a board approved communication. >> okay. did you go to any subsequent meetings? yes, i went to the meeting about the traffic last week. >> okay, okay. and i said, do you have a plan? >> yes. they keep saying we have a plan and then they start talking about what they did over in the marina and it was

blah, blah, blah, and then someone said, excuse me, but your plan doesn't show us our plan. where is our plan? and then they said, well, it's because it's going to be a flexible plan. >> okay. it's going to be an evolving plan. you see, when thing happen, we're just going to -- so, then people said, wait a minute, how are we going to get out of our -- with this flexible plan, how are we going to have emergency trucks come into our little neighborhood? and we don't have a map, but it's very -- it's just so evident how horrible the situation is going to be with 9,000 people who they say are going to go and park their cars somewhere. people coming don't -- most of the people, even on 4th of july, they insist on driving.

we can tell them, go here, go there -- >> okay, i have another question. i'm sorry to interrupt you. i think you answered my -- sorry. >> >> i didn't spend much time in that vicinity or around fleet week, but it's been my first as a time when mta and the traffic movement went very well. can you describe your experience with that gridlock, gridlock at montgomery street, lombard street. see, there's a little -- what happens on lombard, everybody thinks that, okay, i'm not going to go on embarcadaro, but i'm going to go up montgomery where houston -- that restaurant is. and then they're going to go up lombard. but there is a stop light -- >> i know that stop light. and what happens is that people can't turn right. >> okay. so, that is an anticipated gridlock and i think another

commenter mentioned that same area. was that raised? yes, it was. >> what was the response? well -- >> because it sounds like you can anticipate that that's a problem. yes. they said, well, we'll change the light, the timing of it. >> okay. but that doesn't take care of the pedestrian flow. >> okay. because, you know, you've got -- because that light turns green for the pedestrian -- i mean, it turns -- the pedestrians can walk. so, and then pedestrians, they jay walk. >> okay, all right. i just wanted to know if it was raised and addressed. thank you. >> ma'am, was the detailed traffic plan provided to you? no. no. that's what i'm saying. let us see it. and then they go through this whole thing, well, see, what happens is you ask a direct question and you want to see it and then they start referring

to the marina and what they did and the ballpark and what they did. and also they're very fluid, that it's going to be a plan that's going to evolve. >> thank you. >> is there any other public comment? okay, seeing no other public comment, then we can start with rebuttal and we'll start with the appellants again, mr. wagoner. you have three minutes. thank you. keith wagoner again on behalf of the appellant. i'll just make a quick couple of points. the attorney for america's cup said or live nation said, well, that statement is override under c-e-q-a, but there could be these significant impacts. that's wrong. statement of overriding considerations is that there will be these significant impacts. he he also said that we are asking for implied findings

here. we are not saying that we're asking for implied findings. what we're saying essentially what they're saying is that that -- the entertainment commission is not bound by the record that's before it in which it's already been determined that these are significant and unavoidable impacts even with the plans. and finally, this notion that there's a difference in standards, that substantially interfere is somehow different than c-e-q-a. what was said was c-e-q-a standards is noise in excess of the general plans and state and local ordinances. if that isn't the standard of what is a substantial interference that you're violating the general plan and existing noise ordinances, then what standards is the entertainment commission using? they don't exist. they're making it up. and the final point i would like to make before handing it over to mr. [speaker not understood] for a couple final comments is that in this entire

situation there simply is no evidence before you. that's what all of your questions have gone to. how are you supposed to make a conclusion that these noise standards have been met when there is no plan, that the traffic standards have been met, when they can't even moe vied the plan of how traffic is going to be managed within the past week? ~ provide how are you supposed to rule on this? it's not supposed to be good fadethtionv. -- faith. it's supposed to be evidence presented before this board. with that, mr. fred allardeis. i'm a real estate broker by profession and over 35 years of representing the north waterfront. i named the north waterfront when we first got to sell homes at telegraph landing in 1976. ~ i have over 300 people who are asking to come and talk to you tonight that live in the neighborhood across the street. if you look at the cc arch for

every project in the state of california that they were all formed under, you'll see the very first thing the board is responsible for is privacy and no noise. that's the most important thing we cc in our site. all the board, representative bodies, steering people cannot give them permission whatsoever to go out and suggest they give one concert, much less 30. it's totally illegal and will cause these boards to be sued. i also represent 300 people in telegraph hill that are outraged about the potential sound, the lights and everything else that will go along with this concert. this area was approved for a 4,000 seat venue that the america's cup authority said they could use to watch outdoor family races, the races were over at 4 o'clock. it was never to be a concert facility with 9 or 10,000 people by live nation. they never got a permit to do this. this is all passed through by -- never got an e-i-r done whatsoever and we will pursue this in essence if this is approved. any questions? >> thank you.

thank you. >> mr. vettle. thank you, steve vettle. i don't have anything more to add. i just wanted to go over the additional conditions the steering committee, the america's cup authority and us are asking that you impose on this permit. they're in exhibit 3 of our brief. the four conditions, number one, parking and traffic, live nation will make america's cup will make best efforts to work with city agencies which as you've heard has been happening. to produce a neighborhood traffic and parking plan. review and input by the week of april 15th. that has already occurred. second, curfews, live nation and america's cup agree to no more than 8 shows monday through thursday with music until 10:30 p.m. and the balance would end at 10:00 p.m.

number 3, i think this was important to many of you. that live nation will remove all site improvements and repair any damage to the site by october 31st, 2013. the port plans include a public park available for public review. live nation further agrees not to make the existing 9200 capacity venue permanent. nor will live nation apply within 10 years for outdoor amphitheater [speaker not understood] size at this site. and finally removal of the second bullet point in the april 3rd entertainment commission which had an inaccurate seating capacity statement and all parties recognize it to be a ~ amended and removed. i'm available to answer any questions and mr. prieshoff can answer questions you might have if i don't have an answer. >> questions? questions regarding i think --

well, your cab 60, waste control plan, yeah. that should join you as well. [speaker not understood]. >> yes, of course. >> >> points 11, 12, 16 of that speak to notification, weekly e-mails, et cetera. to whom are those all going to go? the verification seems to be a major issue here. anybody that wants them. the weekly now with the schedule anticipated attendance is already going out. it's weekly to a number of people in this room are already getting that e-mail. the start time, end time, anticipated attendance on all of those events is going out every friday. regarding the dope sheet that goes out the morning of or day of each event which provides even more specific information about the event that is about to happen.

the neighborhood hotline will publish and that number will be in place in probably about a week. >> so, i'd be able to easily find it if i wanted to know how to get on the list? it will be on the america's cup website, live nation's website. facebook page. we'll provide it to the neighborhood steering committee or anybody else that requests it. >> i also have a question, i'm not exactly sure where this is, but there i guess will be as you said sort of a hotline during a concert. so, it says anybody can call the hotline, but then what? so, the hotline will be part of the command center. so, any large event that we do, we provide a command center which has live nation representatives, sfpd representatives, we'll have direct communication with sfmta from the command center as well as medical personnel and security. >> was it meant to be instantaneous response to somebody calling in with a complaint? that's correct. it will have somebody on the phones before, during, and then after for a period of time

after the show. one small question, which is probably somewhat naive, but just the way i was reading it. your point on curfews where you would apply potentially for up to 6:30, curfew extensions, i see those couldn't be used cumulatively in one night. that's right. it would be 30 minutes and it would be -- the request would go to both the sfpd as well as the neighborhood steering committee. >> and i have an additional question on security, but i don't want to -- oh, please. >> >> it's not entirely clear to me that the security requirement, which i believe are basically one security person every 100, is that incorporated anywhere specifically into your permit or your application? i see it in here as being part of the police code, but it's not apparent that it's been adopted by you. it's in the application and i think it's difficult -- it's difficult to lay it out because

the only way i assume every show is sold out, which is naturally not the case. or i would hire you to be my marketing director if you can sell out every show. it's not going to happen. we plan for a 9300 plan capacity show. we have a plan for 4,000 capacity show. staffing the same way you staff against the machine who we don't have, but is an aggressive band, are very different security plans. so, to say one size fits all is very naive in our business. what we do is we look at the demographic and, so, sting will have one security plan. imagine dragons will have a different security plan. the first show k fog 105 type band, san francisco will have a different security band. otherv security plan is modeled differently and we share those with the sfpd. >> but is there a standard or am i imposing it myself without this 1 per 100 attendees?

there is one per 100 for event type positions. >> [speaker not understood]? correct. >> i understand the need for flexibility. seems like there is some minimum number of personnel that needs to be placed. that's correct. can we go back to your queueing question? the queueing, if you look at the cruise ship terminal, the queueing plan takes all of the bodies off of the embarcadaro, queue them down the pier, and then drops them in closest to where the water is. so, whether than queuing and then bringing this in on the embarcadaro, which would definitely queue back on the embarcadaro itself, we're bringing them all the way up and not just single file. there's plenty of room to queue them, multiple people per line, bringing this them up around the cruise ship terminal itself and downed in the venue itself. >> can you address the question

raised with respect to the trucks and the movement? is that live nation's issue -- responsibility? [speaker not understood]. the port-a-johns industry standard -- >> did you say -- a couple things. the port a agenda ~ port-a-johns [speaker not understood] they'll pull in to empty those after every event. >> so, midnight. yes, but inside the venue, inside the pier itself. not externally. >> okay. what about the -- and maybe this is for -- the anticipated traffic issue around the lombard, battery and the embarcadaro. have you been participating in

those discussions? yeah, i think lea is better suited -- >> can i get an answer? apparently details have not been sent out or provided to us according to the public commenter. i was present at the meeting just this past week and really that meeting was set up to discuss the people plan over the america's cup. and, so, the concerts where they came up very briefly was really not the time for that discussion. we met with the steering committee just a couple days before that and i provided the traffic plan to the steering committee which included our augmented transit plan. around that area of lombard and the embarcadaro and [speaker not understood] and montgomery, that's always a challenge at any event that includes anything on the waterfront. from this meeting that we had

last week with the neighbors and ms. more even a was there and a number of folks, ~ a couple good suggestions came out of that. i met with enforcement staff this past week, actually day before yesterday, and we discussed many of those issues, including putting pcos to time the lights. pco's to address the pedestrian flow ~. those are all things that we used, for instance, during the outside lance concert in golden gate park this past year where we had about 65,000 people exiting the park at one time. and we had very successful traffic mitigation issues there. one of the things that we are looking at is closing off some access to just general cars in that neighborhood and allowing sort of a resident-only type of traffic in and out of that area , keeping in mind i one of the key major thoroughfares open.

so, we are listening to those suggestions, but like i said, we feel pretty confident. this is a 9,000 person venue and i can honestly say we're confident in our plan. we have asked -- we believe that many people are going to take public transportation and walk because it's right from the ferry building or providing transit from where bart lets off to pier 23 and from pier 23 to back to the ferry building on our transit. so, we're hoping with all of those factors and having enforcement staff at pretty much every intersection to bleed off traffic where we need to, we're pretty confident in the plan that we have. >> thank you. >> will this traffic plan included in any of the briefs? ~ was this traffic plan included in any of the briefs? the america's cup people plan is in the brief. >> people plan i saw. pardon? >> people plan i saw.

yeah, that's in there. >> traffic. the people plan is a traffic and transit and movement , whole series of ways people move. >> just one minute. the mta representative referenced a traffic plan. that is the people plan that you included in your brief? the people plan included in our brief is the america's cup as a whole people plan. it's not a specific plan for when a 9,000 event exits this pavilion. that's not in our briefs. >> commissioner, the people plan itself addresses the america's cup venues as a whole. the traffic plan -- ~ it's very difficult for us to put every -- they say the devil is in the details. the reason we were so successful last october is because we were able to make changes in the people plan

itself and in the plan that we devised for the armageddon of events in october. so, the plan that i presented was our transit plan and our poetings for pco's on where we're going to have them. >> i heard that. but what you presented was not included in any of our briefs. it's really not that large of a document. >> no, no, it's okay. that was my only question, all right. >> i have a couple of other questions. just so i'm clear, the pavilion itself is live nation's, right, the construction, it's there because of you; is that correct or am i incorrect? yes and no. so, live nation is building the pavilion is correct. with the america's cup. the pavilion is designed to host race viewing. every race day you'll be able to watch for