>> i g did ask one to taken off and in addition to that robert garcia is it continued. >> you'll have the opportunity to ask for the continuance when we get to that portion and is there any public comment on the items for proposeed continuance. >> move to one a and b and item 9 mill march 14, 2013. item 11 for that same date and item 12 to april 14th. >> on that motions: . (calling roll). so move commissioners that motion passes unanimously. in places under your consent calendar. all regular items will be acted upon and there will be no separate discussion of those items. in which event the item be removed and considered for a further hearing. on item 20 at the 1191 piece by piece street request for additional authorization use. this is at is 6929 pine avenue and item 5 case on tennessee street request for zoning map amendment >> is there any public comment on the consent calendar. >> this is your opportunity to request that. >> linda chapman. i called and asked to have this item on pine removed from consent calendar and robert garcia wants to have it removed he said although it has b

>> i had a certain and robert garcia has a certain about no conditions being put on this. it's certainly acceptable to not operate past 10 o'clock. even before 10 o'clock though it can be a place that attracts noise. this place started out as a kraef and got a beer license and feels this absolutely you must not allow tables and chairs out there. i don't see how you can be prevented from putting a condition on that. now a condition of no hard liquor is important. even though it might be 10 o'clock if you recall the women he the poorhouse well, the entertainment stopped at 10 but do people want to sit at home and listen to loud noise until then. you know, there are a lot of people out there like the neighbors i have 20 who got

if you go to the bathroom, do it or get off the pot. [ laughter ] >> good afternoon, my name is robert garcia. i would like to talk about cvs, i would notify a hearing for necessity and convenience even though i was a protestant and i still am. they claim that they do have authorization by the city to stay open after 2:00 in the morning. they say they are not going to do it right now but i know that is their plan. it's going to create the problems that cal a brought up there. that's a residential area. the last 3 months that it was open it was so bad that they are carrying guns. trader joes has closed off their parking lots and i hope they do not allow cvs to do that. cvs has also applied for license at another location which is a better area. >> general public comment? seeing none, public comment is closed. >> we'll take a 10 minute break. thank you.

. >> robert garcia, i live in malone hill history hotel and apartment district. eight square blocks, we have 293 buildings on the national registry of historic places. it's the most densely populated area west of new york city. most of the people that live here are working people. we are being affected by what happens on polk street. tremendously. especially with the bussing in from people from the college campuses. they used to park right in our neighborhood. created such a problem that they were finally run out. what are they doing now? parking in the financial district east of union square. and walking across our neighborhood going to polk street for the bars and partying over there. and after they close, two or three or four o'clock in the morning, they are coming back. and sometimes as many as 100 in these groups. and it's very disruptive. so that's a side effect of what is happening on polk street. it never used to be that way. i have been in the area since 1955. and i left, went in the army, went to school and came back in 1965 and i have been living on th

. >> robert garcia, i live in malone hill history hotel and apartment district. eight square blocks, we have 293 buildings on the national registry of historic places. it's the most densely populated area west of new york city. most of the people that live here are working people. we are being affected by what happens on polk street. tremendously. especially with the bussing in from people from the college

>> good evening, commissioners, my name is robert garcia and i am here to oppose this application. i have been getting a lot of calls from the merchant's association, and we had 43 protests against the entertainment permit at this address. there have been a lot of problems and noise can be heard sometimes three or four blocks away. and the people are complaining about it. i recently spoke to both hotels on either side and they say that the guests are complaining and they could not... this particular hearing, but they will be at the abc hearing. noise not only coming from the patio, but also from the restaurants. and now you want to give them a permit? no. i think that is just another example of them taking one more step and another step and another step. until they have complete bands and everything else out on that patio. >> as far as structures are concerned, smoking or not, the planning commission stated clearly there should be no structures out there on that patio for any reason whatsoever. no amplified music. they did allow 6 cabanyas. and they have to be have their own sound

so here to explain the bigger implications of this case and what it means for you and i mr garcia's lawyer robert corner of ear who is a partner with davis right treatment l.l.p. and he joins me now thanks for having me so can you begin by breaking this case down for us what's the what's the controversy with it well the controversy is that you have a journalist filming police activity on a public street and gets arrested for it and as you say we do trust our police officers to protect us from from danger and in the vast majority of cases they do but in certain instances they either don't know or or are confused about the state of the law and this unfortunately is one of them where they get upset that they're being filmed either by a journalist or by a private citizen and then take action to stop that form either by simply stopping the incident from happening happening busting that person which is what happened in this case and i understand that he was thirty he was thirty feet away from the police officers and then when they shined a spotlight on him he moved back to a. so it's not a question of

robert "the ghost" guerrero. we have more. >> reporter: the city of gilroy known for garlic, garcia and guerrero. if he beats mayweather in may, guerrero will shock the world. >> yeah, he's the biggest name in sports. i can't wait because i have the opportunity. it's truly a blessing to be in the shoes that i'm in and i have to take advantage of it. >> reporter: robert has held four world titles. he's known as the busy fighter and he's been chasing mayweather for years. and then the ghost finally met mayweather, face to face. >> you're facing the real one. this is what you're going to get. the real deal. the raw dog. this is the real one. >> as soon as you get in front of him, he turns like this. being floyd, trying to intimidate but none of it worked. >> reporter: mayweather is 34 years old but hasn't trained since may. >> everybody flips, i mean you ain't the same guy five or six years ago. he talks about his talent and how he can change things in the ring. how he can adopt to any fighter. how nobody can read him. >> his father and coach ruben guerrero says this isn't just about the money it's