high capacity or main route and then send cars down what is a quiet residential street i can see where that could really cause concerns for the people on the quiet residential street and he having said that, i'm concerned if we can committing commit to making sure we're not tedious low impacting the quality of life on that quiet street i'll support in going forward but you want to make sure wear following up with the homeowners on the quote street if it is causing an impact maybe we can find another creative engineering solution with the people we have. >> is that a motion. >> dina motion. >> this is as you're coming northbound you could not make a left if you're coming northbound

on clayton not westbound on 17th. >> correct. >> the concern right now the straight pocket and the right turn pocket so the straight traffic is stuck behind the left turn awhile everyone else is in the left turn. >> exactly. >> so when would you each year this before and after to happen. >> it should be probably done after school begins last night in the summer we want to monitor the traffic volume before the school ends and monitor before school starts up again. >> we have a motion and a second. >> second. >> with that understand i think the director. > all in favor, say i. > i. > >> opposed say no

the i's have. >> yes. mr. chairman your book to the last regular agenda get to that quickly requesting the board of supervisors to appropriate $49 million for the issuance and sale of the general obligations bond for the network project safety improvements and outreach for the better market outreach project and save a contribution for conflict for the communication based overly signal system and adapting the transportation effectiveness mitigation and a promising program mr. chairman no one has indicated a request to comment. >> second. >> just a quick question based on what deepen said about the elevator situation this money is pretty much set

right now coming i guess the point what if it takes several million dollars more for the concession. >> so we have within our capital program one of the program areas as accessibility which includes the elevators and square roots we've commented an upgrade for the additional escalators we have some elevator repairs and replacements in there this is something we could use bond fund for when we come back with a report on our elevator capital program as well as sources we can identify gaps we don't feel we've inadequately addresses.

>> > all in favor, say i. > i. > opposed the i's have. >> mr. chairman with no closed session that includes the business before you today. >> thank you allncludes the business before you today. >> thank you allcludes the business before you today. >> thank you allcludes the business before you today. >> thank you allocludes the business before you today. >> thank you all business before you today. >> thank you all

>> welcome to the cinco de mayo meeting of the san francisco entertainment commission. my name is brian tan and i am the commission president, thank you all for being here tonight, our few housekeeping items that we do every time are to one

make sure that your cell phones are on vibrate or off, and two, if you are a member of the public, if you fill out a card and hand it to the staff and they will get it up to me and i will also call the public comment at any other time and feel free to come up and speak then, thank you to sfgov, tv and media services for broadcasting live to the public >> lee. >> here. >> joseph. >> lee. >> here >> we have excused absences for commissioner frost and caminong. >> all right.

>> the first item is public comment, any issues that relate to the entertainment commission but are not currently on the agenda, is there any public comment is it on an item later or something else. >> come up later when i ask for the public comment during it i don't see any and so i will close this part of public comment and move on to item two, which is review and approval of minutes of april, 21,. commissioners i would like to entertain a motion where you are ready. >> motion to approve. >> second. >> motion from commissioner perez and second from commissioner moshoyannis. and is there any changes, or discussions? all right, let's take a vote.

>> and commissioner lee. >> yes. >> joseph. >> aye. >> moshoyannis. >> aye. >> perez. >> yes. >> and i am going to abstain since i was not here. >> got it. >> and so move. >> the motion passes. >> all right. >> it says that you are present. >> are you present or part of the meeting, were you not? >> oh, right, story. >> permission to take that vote? >> yes, we can. so we are going to going to redo a do over, commissioner lee? >> aye. >> commissioner joseph. >> aye. >> commissioner moshoyannis. >> aye. >> commissioner perez. >> yes. >> president tan. >> yes. >> got it. apologis for that error. >> item three, report from the executive director and our staff. >> and good evening, commissioners i will be brief, and i was out of the office

last week. but, i did want to let you know that today at the full board legislation regarding residence sal development and entertainment venues passed the first read and so what that means is that the full board will do a second read on the 12th, is that right? >> yeah. and next tuesday, and that is the final passage. and then we will go to the mayor for the signature and, we do expect that to be fairly quick process. so i have spoken to the president about moving forward on creating some guidelines around how to hold these hearings, since it is imminent the legislation, does speak to residential development in the pipeline as well as news. >> okay. >> we don't have a lot of time. >> okay. >> that was going to be my

question, if this goes into effect within a few weeks time who, sefked as of when? like which developments? >> everything in the pipeline. >> okay. >> interesting. >> yeah. >> it is going to be interesting. >> from that day forward? >> from that day forward. >> so we don't have a waiting period, it is not going to go until july 1? >> no. very good. >> lovely. >> so, again, that means that we will be coming to you here on the 19th, depending on what to do and you might discuss it as a whole and you might discuss it as a subcommittee but we will need to promulgate at least some bear bones guidelines about how to hold these hearings so that they are transparent and fair and consistent and we will learn as we go, of course but we want to have some guidelines so people are aware of what they they will be asked. >> and then the second thing that was introduced at the full board were the changes to the

llt, and in the western soma area, that we had discussed some time ago and took a while but those changes in the legislative form were presented to the full board, and so, a committee assignment shortly, and land use, and it will take some time and so we are hopeful that with those changes, those areas that were identified as needing to have -- and we are looking forward to and be able to permit some places that just have no way to come into compliance and so the fingers crossed. in addition, as the commissioner moshoyannis says, the hearing for the outdoor events study was supposed to be yesterday but was postponed to the 20th of may and, moved the committees from the land use to budget and so it will be for the budget on the 20th of may which is a monday >> a wednesday, sorry it will be at ten a.m., as a first item.

and which, is i think, primarily, why they changed committee, in order to facilitate it, like the times specific hearing, which is much better for everybody who is inclined to attend and speak to the items so the controller will do a presentation, and some of the presentation and probably commissioner moshoyannis will speak on behalf of the entertainment commission, and then, maybe put your other hat on and speak on behalf of fulson street and again, you know, present something that we have discussed in the passed around, and based on what we now know is the value of the outdoor entertainment in san francisco. and so we are, super psychd for that and if you want to attend, it is going to show please, and put that on your calendar. >> i don't think that i have anything else again and i will turn it over unless you have some questions. >> can i just think this commission has done amazing and all of the legislation and all of stuft that you have broad

forward in the recent past, great job. >> thank you. >> ditto. >> all right, we can take the public comment later and do the inspector reports. >> good evening, commissioners, shawn burke here and item inspector. and just a couple of quick notes. we had a few new complaints come in, one was investigated at 5571, and it was a one time event that they rented out for a wedding and i have spoken to both the property manager and the resident and it seems to be resolved at this point, and the cathedral just came across the desk and we will be investigating that over the course of this week and this week expend then the village at 969 market, we received a complaint as of last week, from the neighbor next door and that was investigated last weekend and we are working to resolve that over the course of the

next week. the notice violation at 2801 levenworth and they are still waiting to get the sign-offs for a couple of the permits and so they were given notice of the violation and then, did get temporary permits for the past weekend events and for the club malibu and for the weekend before, the multiple good neighbor policy violations and two violations of the conditions that we put on their permit, and a few months back. >> commissioner joseph? >> club malibu, so to the best of my memory we have been working on this for two years minimum, and no matter what happens they tend to violate, and so in what you are saying is okay, there is no security at the front door, and the door

was opened, they were unresponsive to their cell phone, did you go inside and talk to them? what did they say? >> the conversations we have are very brief. there is not a whole lot of direct communication when given instructions and we have questions, not a whole lot of answers. >> who did you talk to? >> i speak to nadia. and the manager, and i also interact with the dj/sound engineer from time-to-time. just seeing that i question occasionally is their ability to rectify the situation when they are approached and when i do show up they are able to bring the levels down and i think that it is a matter of them not, monitoring and managing that process. to the best of their ability. >> yeah, but the last i looked you were not their daddy and

you can't hold their hand and they have not been managing and they have been before this commission and they have been in the office and i made two or three visits out there, former commissioner hyde made visits out there and tried to work with the neighbors and tried to help them out. and keeping the door open is a blai tant violation, not having security and not responding to the cell phone is a violation and they keep doing that and so do you have any discussions on how we proceed? >> i don't yet. i am, i am anticipating very soon to know whether or not they will be paying this fine or appealing this citation and at that point, i think we should form a plan for the next steps. and i still have to hear back from them based on an e-mail with the citation that i sent and following this weekend to see if they are in receipt of

the citation and what their plan is moving forward. and regardless of whether or not they will appeal or pay the fine, i think that other than that, i am not sure at this point if the meeting is in order or or further reconditioning. >> were you there because there was a complaint by a neighbor? >> yes. >> okay, thank you. >> you say that there are more questions than answers, is it that they are asking you more questions than providing you answers? >> yeah along the lines of what do you want us to do? what should we do? i am not sure, what we can do. >> interesting. >> yeah. >> it sounds like at some point we may need to bring them in, but, let us know how they respond. >> i will. >> or if they respond, i guess. >> commissioners any questions? no. >> and does jar don have a

report. >> yes. >> good evening, commissioners i was on vacation this past weekend i don't have much to report. >> how was your vacation? >> it was great, it was great. another story. just one compliance issue that i dealt with and it was bruno's pizza and a complaint about them staying open past 2 a.m. and having entertainment and i talked to the owner and he said that they closed at 2:00 a.m. but it sounds to me like a soft close, but i told him i have talked to you and be aware that i am probably going to stop by and figuring out the entertainment i am going to let it cool off and pop in, and that was just about it and any questions, i will be happy to answer it. >> when you went there, were they still ringing up things at 2:00 >> actually i called them because i received a complaint and i immediately called them just to touch bases with them. >> i was going on vacation the

day later, so i didn't get a chance to go by it. >> okay. >> okay. >> all right. >> are there any other questions or anything from the commissioners i am going to open it up to the public comment, is there any public xhept on the director's report or the executive director's report? >> seeing none, the public comment is closed. we don't have any action to take on that and so we will move to the next item, which is permitting system -- oh, i think that director cain wants to talk about this. >> i am but just read the item because it is something that people are important and they understand the scope of the conversation what it is and what it isn't. >> sure. >> this is, permitting system for the street performance using amplified sound, we are not taking any action today, it is really more for discussion and for our informational purposes and so, there is going to be a presentation and a discussion of the possible options for creating a permit

system to be administered by the staff and the commissioner of the street performers with amp lified sound. >> i am talking about something that has been an issue since the beginning of this commission and i started as you know, in 2003, and we had meetings and hearings, and calls and complaints, and there has always been like 2 sides to san francisco, when it comes to the street performance. there is a side that loves street performers, that appreciates street performers that puts pictures in street performers on fisherman's wharf and in the newspaper covers and encourages this as a tourist attraction. and then there is the regulatory side which does not know what to do with street performers. and so, it was an issue that came to this commission early

on because we began to do loud speaker, or amplified sound permitting from the police department, beginning in 2004 and did never did receive any instruction around this issue. without going into too much detail i did give you stuff to read and i don't expect it to be read right now because it is too much and it is complicated but what you have in front of you is what looks like a resolution, but what was a resolution from 2006, and behind that, resolution, is the genisis which the first thing is a legislative report from the city's office of the legislative analyst, which looked at which problem in 05, and so in 2005, just ten years

ago, to look at how the other cities handle it and so there is a chart in the back to look at what they do in a vote of cities all over the country. and then you have a resolution that was put together at the time by supervisor magoldrik and because it was brought to the attention of the entertainment commission that the street program used to have street performers in it and it used to manage the street per per frmers, not only are we talking about how we will look at this issue and how do you manage this, but the question is who should manage it.

not just but we are talking about and or that we issue the sound permits that it should be us, and the thought about this and consider that, it used to be handled from the 70s up to, and i am not even sure when either the 80s or the 90s but it stopped, the arts commission, as a part of what was considered street artists. and at some point, then, the manager of the street artist program, who is still the manager of the street artist program, decided that they were no longer interested in including performers of that type and there is a letter, again in this package from this person, and then explaining some of that and you know, it does indicate their interest in working together, and so, but then you have is this resolution, that says, from the city and from the board of supervisors, it shall be the

place the street art program shall be the place to put the street performance back, but it never was passed. and i, that is why i, and i looked this up and i attached to the back of it, what indicates it was filed, which means that it never passed. and it went away. so, here we are again and i am not sure if that article, is there an article in your package? >> yeah. >> there was an article about a similar problem with amplified street performers in china town. so, even though it may not be the city streets, the rec and parks department is struggling as well in the square and one of the like, the positive parts of this struggle that is going on for years and years and years, is that as we looked at this issue, as we thought politically about this issue

and as we tried to figure out what to do with it there was a huge crisis on it, and on the crab sign and the police were dealing with and arrested a bunch of people around the crab sign. so like they would fight with each other and get into the fights and they confiscated some pa system and out of that, whole bru, ha ha was born this port of san francisco, street performer program and it is a huge success and it only covers the property that is under the jurisdiction of the port and so ultimately just that jefferson street area, i gave you a part of the guidelines, and and a map of the area. >> the 11 pages are just a part of it. >> yeah, it is complicated this is why this is our first conversation and it will not be our last conversation and it is not as simple as it sounds, but what you can see on page 8, is

essentially like the area that is covered, and then, they are like they are be the bush man and the silver guy who stands there still and they come in different kinds of it is complicated and it is okay, but in the end of the day, when we

decide if we decide, where the right agency to manage this, and understand that, and we are talking about the rest of the city and we are talking about a system that requires who gets to be in what space for how much time and how do you manage that with the resources that we have and so while i am every practically during the season between may and december, somebody comes in to our office at least every other day saying that they want a permit to do a street performance and we all have to tell them the line that we have told them for years, i wish that we could do something for you, the amplified sound permit is extraordinary expensive, and it is not annual permit, most of the time, it is for a certain period of time. and it is not, and can't go in any way for a street performer who is out there doing this for tips, and some of them make

quite a bit of money. and also, another complication just for the hell of it is to remind you that we don't regulate unamplified free speech, this is a free speech issue, and so it makes that much harder we can regulate free speech with respect to time, place and manner. but the content of that, is again, a touchy subject, we can't curate this group over that group and we can't decide that this is not good enough for this location. and so, it is, and we have to be very cautious in whatever we decide to do we need to go to the city attorney and talk to them about whether we are over regulating the free speech and going to face a legal challenge and so yeah it is complicated and here we are to discuss this and going forward. and then, maybe, i can get some direction from the commission?

to next steps, but ultimately, i think that we are here at the request of mr. comton who has had some problems on the street and i am sure that he will tell you about, and hear from some other folks who are doing this out there, and i think that it is important that you hear from them. >> i don't think that there is anything commissioner, and does park and rec regulate their own spaces like union quair and have you talked to them as the policies. and i know that the port policies are here. >> they do issue their own sound permit. but with respect to the spaces that typically are like requested, as performance spaces, like, union quair and those are handled by a management company that is under contract. >> oh, --. >> so there is a lot of organization and money spent to decide who gets to play in

union square and for how much and for how long. >> and what about, muni and i think that, and i don't know if i can remember amplified sound and i know that there are performers in the subway stations, so bart is. and it is in charge of and this is really jurisdiction issue also, and bart is in charge of what happens in bart plaza and so that is 16th and 24th emission, things that you see. around your control, and but i don't believe that there is a problem in any way, it is just they manage it. >> okay. i have another thought, but then, let's take the commissioner joseph first. >> so, i have two questions the city regulates the street vendor and they issue the permits for the hot dog stand or a fo