the port commission acted to delegate this authority to the entertainment commission through resolutions 2004-53 and 2007-39. also providing authorization to the executive director to enter into m-o-us to support the resolutions. entertainment commission has issued approximately eight fixed place permits since 2004. it has also issued numerous time event -- one-time event permits on the port property such as events in and around taint park for races, for marathons, and for expanded restaurant activities. the permit being discussed today is not different from past practice for previous events on port property. the appellant has brought focus to the fact that the latest m-o-u was not executed until recently. however, the proper delegation of authority does not require execution of the m-o-u. resolution 2007-39 was legislation that was passed by majority vote and thus executed by the port commission. the resolution reads in its entirety, the port gives its express approval to the entertainment commission to exercise the powers and perform the duties set forth in chapter 90 of the san franci

that will be a hard thing for the commission to control. i hear different things from different people. they think they're going to get -- even if they don't get hundred 20, they will get enough to have a robust auction. some of the smaller group of owners may be more to participate. the noncommercial stations are an unknown that could help drive higher yield of spectrum. , one of the big unknowns that tom is going to face. >> a couple of the key issues in the auction, do you limit the liability of at&t verizon? house republicans are concerned the the fcctc will violate spectrum act. blair, i want to get your quick views on those two. >> you have identified the two most bullepotent lyrical issues. -- political issues. there is always been a tradition that there are limitations on what any single buyer can buy in an auction. i spent the commission to do that again, whether at&t and verizon think those are the right rules, it would be a mistake. most the experts think it would be a mistake to have an auction in which at&t or verizon can buy ev

commission. just a little tiny history about the entertainment commission. we were created in 2003 after a charter amendment. there are 7 commissioners that represent all the stakeholders, impacting entertainment and nighttime business. even include neighbors, law enforcement public health planning and the industry itself. staff is currently 4,000 people. we oversee a thousand fixed place permits including places of entertainment, late night food establishments, bars, we even regulate a few dance halls that are still around. we talk a lot about the port delegated authority to the entertainment commission and that was we believe based on our expertise and our public process that we have been doing for 10 years. the commissioners created a focus specifically on issues in entertainment. that's why we're good at what we do. the port beginning in 2004 has relied on the entertainment commission for its expertise and our robust public process that includes public notice. a duly noticed hearing at the hall and [speaker not understood] appeals for this body as well as

and when speaking before the commission, please do state your name for the record. i'd like to take roll at this time. commission president fong? >> here. >> commission vice president wu? >> here. >> commissioner antonini? >> present. >> commissioner moore? >> here. >> and commissioner sugaya? >> here. >> commissioner borden is expected to be absent, although commissioner hillis is expected to be in. commissioners, first up on your calendar are consideration of items proposed for continuance. item 1, case no. 2013.0402t - ordinance amending the administrative code to establish the bayview hunters point citizens advisory committee is proposed for continuance to may 9, 2013. item 2, case no. 2010.0222e - 248-252 9th street, appeal of preliminary mitigated negative declaration is proposed for continuance to june 6, 2013. item 3, case no. 2012.0211d - 2764 greenwich street, request for discretionary review has been withdrawn. i have no other continuances. commissioners, and i have no speaker cards. >> is there any public comment on the three items proposed for continuanc

that's one of the big unnopes, and that's an issue the commission cannot control. so i think 2014 is definitely ambitious. would i rule it out? no. but at the same time i'm not sure i'd bet a lot of money on it. >> now, blair, you were the architect of the national broadband plan that said we should get 120 megahertz from the incentive auctions. >> guest: yes. >> fcc people no longer talk about a total. i want to get predictions from you two about how much spectrum do you think they'll get from the auction? >> guest: well, again, if we were betting, i'd be kind of in the 80-100. they don't get to do this or very often, and i think that every bit of spectrum that goes into the wireless broadband is, you know, is an accelerator of economic growth, job growth, efficiency and a lot of other things because we are going to be live anything a bandwidth-delivered economy. having said that, however, there are lots of different things, and justin has mentioned some, there are a lot of other potential changes in the broadcast industry that could affect it. so you've got, you h

>> president obama has nominated tom wheeler to be the next chair of federal communications commission. tom wheeleres managing director of core carpol partners, his venture capital firm, and has been the ceo of two industry groups based here in washington. the cable association and the wireless association as well. joining us to discuss this, justin hille, a and blair levin, who served several stints at the fcc. blair, if we can start with you, do now know tom wheeler, and what should people who follow these issues know.tom wheeler? >> well, i do know tom wheeler. everyone in this business knows tom wheeler. he was a very successful head of the tray association and a very successful investor both between the trade associations and after he left the wireless industry. the two things i would say that people should understand is he has a breadth of experience on both the policy side and investment side that is extremely valuable. the second thing that is often overlooked, he has actually managed some large organizations, and coming into the fcc, there's part of -- part of the job is to ma

member of the commission i have gained from your experience. you have been here since the beginning. your instinct is always right and fair and just and i have learned a lot and want to continue to learn from serving with you, so thank you for serving as vice president for the last year and thank you for teaching me. i hope that you continue to teach me as long as i'm on the commission with you. commissioner truman thank you for stepping up to leadership. obviously we all saw that you didn't come here tonight fully planning leaving here as the vice president of the commission and you know what a tremendous honor it is to have that spot and how you earned it on the commission. i am proud to call you a colleague again. you come to all of these issues with concern for justice for everyone and fundamental fairness and i am grateful to the time to serve with you and be part of a commission that you and president mazzucco are leading this next year so thank you. >> i would just like to say dr. marshall thank you for all your years of service, both to

what happened with the ethics commission? how did they -- >>> we were told at first all information is confidential, which is true, but the grand jury operates under complete confidentiality, too. so, we almost had reached the point where we were going to have to subpoena the information, but fortunately we didn't have to take that step. and then we -- when we take testimony from individuals, we basically admonish them, giving them the information that everything is in complete confidence -- >> my question is what did the ethics commission do? >>> well, they basically said that they investigated and found no violations. >> um-hm. >>> but we could not agree with that because there was clear evidence that there had been some retaliation. so, -- >> so, you'll be a member -- if you join the ethics commission, you'll be a member of a body that consists of five members. you'll have four other colleagues you'd have to work with. >>> right. >> how would you begin the process to persuade them, in this case it sounds like you think the

sanchez on the board of commission on@/-y÷ the detai.with that decision and whatever wording are i don't know what's being considered but because it is the staffs definition does that - is that going going to come back to the commission in terms of some kind of resolution ordinance or anything? or is it going to the board of supervisors? >> the form use controls we have made about 9 or 10 amendments over the course over the years but one of the debates last night was whether or not the stores should be like arrangement stores and if they have a store in the commercial district but some of the commissioners felt if you have a large company that that should be considered former retailer but the commissioners - the boards decision didn't get that far but the code says the use has 11 or more other retail stashlts establishments and we would work with the city attorney's office. but we'llr interpretation and we'll elaborate more on that. they're not precedent setting but they made clear their interpretation of the coincide and would you bring

each member of the commission may address the commission for up to three minutes. i'm not certain, 176 randal street is not on our calendar. >> okay. so, public comment for 176 randal street. >>> good afternoon. i'm peter [speaker not understood]. i own 174 randal street. i've been there since 1989. 176 randal street came before this commission in 2009. since that time sophie got married, had two kids. the commission ordered the height be reduced on this property by two feet. that was after multiple site visits by planning commissioners over the course of the meet up to that discretionary review. my and my wife's discretionary review was one of six over this disputed property. and i think the planning commissioners felt that the site visit gave them insight into how the actual property and the site where the property project was proposed did not neatly fit with the designs as proposed. and, so, during the debate there was actually several commissioners who thought it should go down four feet, like many things there was a compromise and the commission decided to red

. >> welcome to the may 8, 2013 san francisco police commission meeting. the issue is to give you a preview, we are going to have award for some great citizens and some issues regarding mental health issues that the department is dealing with and crisis intervention related to that. we have a follow up report on second assault, homicide testing. as you were aware back in 2010, this was an issue before the commission there was a backlog. we changed these things. there were areas assigned to the crime lab and we'll have more to report on that please call line item one. item one certification of appreciation mr. thomas arend. >> president mazzucco, director hicks. i'm captain moser. i'm please to be here today to present a certificate to mr. arend. some of our best citizens offer to help. i'm going to read you a brief overview of mr. arend's actions. on march 22, a suspicious person was loitering around cars. mr. thomas arend observed the suspect and took note of this conspicuous behavior. he looks outside and see's the same suspicious person breaking a car wi

receiving protests from the commission. then the judge has to either decide to hold hearings or write an ex parte decision approving or rejecting this proposal. i would estimate, after 16 years as an administrative law judge, that would be -- the soonest there would be a decision would be three months, i'm guessing because the puc, the california puc's own procedural requirements can be much longer. >> so, can you present to us the next step, hopefully before our last meeting, a scenario that is going to assume a $6 rate for pg&e and where we can be in striking distance? i think that -- hate to even say it, a local buildout is such a priority that i think the rec -- the bundling piece should probably be a lesser of a priority. but i would want to see, you know, a plan from when we could increase the quality of the rec mix of the bundling. >> the rec mix. >> and that is required by state law. we'll be increasing it over the coming years whether we want to or not. >> right. i think that's right, and i also think the value add

"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 walkin

the resolution is on behalf of both commissions. the resolution begins with several clauses that describe san francisco specific demographics and figures. then it discusses some demographics that relate to national statistics. then we provide some specifics on what would be the shift of funding from large chains to small retailers followed by some demographics and statistics on women owned businesses, and then be it resolved that the city and county of san francisco small business commission and commission on status of women recognize this week as san francisco small business week with the theme "small businesses shaping our communities" and further resolve that the city and county of san francisco small business commission and the commission on status of women encourage entrepreneurs and small business owners particularly women to participate in small business week events throughout the week. with that mr. president and ms. president i recommend public comment and then a motion to adopt. >> okay. do we have public comment on item nu

like to remind everyone that the commission does not tolerate any disruption or outburst of any kind. please turnoff any mobile devices that may sound off during the proceedings and when speaking before the commission please do state your name for the record. i'd like to take roll at this time. commission president fong? >> here. >> commission vice president wu? >> here. >> >> commissioner hillis? >> here. >> commissioner moore? >> here. >> and commissioner sugaya? >> here. >> commissioner borden is expected to be absent and commissioner antonini is here somewhere. first up, commissioners, are consideration of items proposed for continuance. item 1, case no. 2013.0020ce - 6333 geary boulevard is proposed for continuance to june 6, 2013. item 2, case no. 2010.1034c - 4216 california street is proposed for continuance to june 6, 2013. items 3a and b for case nos. 2009.0753cv - 3155 cesar chavez street is proposed for continuance to july 11, 2013. i have no other items proposed for continuance and i have no speaker cards. >> is there any public comment on the items proposed for continuan

there is a hearing at the planning commission about the draft e-i-r. you are driving force in this issues. [speaker not understood]. however, since the nob hill association annual meeting last november, members at large have not been told what has happened behind closed doors. i was nominated for the board and then new board emerged forcing her off and the other people who have been opponents in effect. some of us who spoke at planning commission meetings and attendedth the abc hearings are in the dark, but rumors a bound. no official updates on live nation's issues have come from nha. linda chapman nor nob hill members were alerted of the meeting on may 23rd. i will mention at the annual meeting at nob hill association that the planning commission we always lose, don't bother to go there. you really want to render the public process irrelevant, this is what's happened. it may not be your intent. so, she says, is there a way to rally some troops? i so appreciated the work of you and dave and amy and robert , all very righteous people and all shoved out

the best. other commission business? >> i have some business. >> please. >> in fact, i have quite a bit of business. first of all, i would like to request that we put the security assessment on the next agenda in closed session as we used to have it. i think it's time to revisit that in light of recent occurrences. so, i'd like to do that. and secondly, i would like to talk about what i see is a breakdown between the communication of the commission and the staff. there seems to be, in my mind, a feeling that staff is just going on doing what they choose to do without any answers to directions that we give. one point was yesterday i received an e-mail about the various questions that had been asked and the question was had they been answered. well, i don't know the answer to that. but my guess would be that probably most of them have not. and it's lack of concern about what the commission is saying. i personally have had situations happen. and as you all know, for easily four years, i might say, i have been talking about r

, perhaps, we need to meet with the director of that commission, or whoever the appointing body is. so that individuals who are appointed to the historic preservation board have a full understanding of what is involved once they leave that particular commission. because otherwise, i think that we may continue to see continuing requests for waivers. either before or after. and that is not the intent and then there is something wrong with the process of who is chosen to be on that board i would say. >> i think that would be good. this all came out because of my inquiries and my initiatives and you know talking to marlina about what i could and could not do, if i had not said anything to her. >> we are glad that you found out, thank you. >> any public comment on this? >> i am larry bush for friends of ethics. >> we are not taking a petition on this waiver. but would i like to point out that the city attorney's office has been working for the past year for what is called a guide for good government and includes information on rules for commissioners in te

there were letters in the packet to the planning commission supporting this. we did about a three month outreach working with supervisor cohen's staff to talk to all the major stakeholder groups in the neighborhood, and had unanimous support. so we have no immediate plans. we will be plaque to you in the future after we raise a lot of money i imagine. we barely finished paying off the land so we did hold -- last week we held our fashion show in the street and i promised the chair of the program it would be on the lot next year so we hope you will come to that. thank you and if you have any questions i am happy to answer them. >> thank you very much. okay. we will now open it up and public comment. i have two cards. dick miller and korean woods. you can come up and if anyone else wants to talk on this item you can line up and fill out a card. mr. miller. >> i have some paperwork. i am dick miller, neighborhood association vice president. we support this change. we remember very much when ccac first came to potrero hill. they were outreaching. they invited us to

i gave one name and i gave the commission the other name. it's just wrong. thank you. >> is there any additional public comment? seeing none, public comment is closed. >> chiefs report. >> discussion of activities and presentation regarding mental health issues and presentation regarding sexual assault dna testing. >> good evening commissioners, public. my comments will be brief because we have the three presentations. very quickly part one crimes are up a bit about four percent, property crimes up about 10 percent largely due to the persistent problem in burglary from vehicles. we urge the public to please keep everything in the visible part of your vehicle in the trunk or out of view including any sort of charging cords for electronic devices which has been much in the media over the last several years. mobile devices continue to be the no. 1 item of choice of thefts and robberies, not only in san francisco but around the country. we have graduated 45 recruits in the academy. it's a good looking group and they are out and about right now in their first pha

the entertainment commission has not power to go after you only the police can. that will allow the commission and the police to go after someone who operates without a permit. it will allow the city to pursue civil violations through the city attorney's office against businesses that are in violation of their place of entertainment or place of business after hours. >> and the department of public health for noise violate ors in the streets and public places, currently the police can cite them but the police cannot over stretch and it will allow the department of public health to enforce but the noise ordinance. the legislation remanufactures a session on a perspective moratorium of extended hours permit so that the entertainment commission can continue to bring late night businesses into compliance, currently it kicks in if the commission grants extended hour permits that lead to a 15 percent increase every year. with roughly 90 hours extended permits in effect, that is an increase of 14 permits over the next year will start moratorium it has never been activate

commissioners, you are now in item number two, presentation of the small business commission certificate of honor recognizing the city employee treasurer as part of the city employee recognition program, this is a discussion item. >> commissioners, director of the office of small business. and we have with us, richard simons, our tax and treasurers, and pauline marks from the tax and treasurer's office and it is great pleasure and some what sadness and pleasure to honor him for his service and 13 and a half years with the tax and treasurer's office and he has worked very closely with our office and our staff and when we opened the office of small business, provided training orientation, and for our staff, and for business services. and so, i am going to read this, on this monday, may 6th, 2013, the small business commission is honored to recognize richard simon to small businesss in san francisco. he will be retiring from the office of the tax and tres ses you arers after the career of serving businesses of san francisco for 13 and a half years. the success of a small business, assistanc

i served on the commission for a year and a half. it's an incredible honor because i have spent time working on womens' issues in the womens' community and i spald time working closely with the jewish community relations council which i am a member so it's an honor to be tonight to focus on this issues. >> thank you. commissioner shorter. >> good evening everyone. again thank you to the police commissioners for joining us this evening and i am very excited as well in terms of what we can do together on the issues, particularly about domestic violence. again i am andrea shorter and on the commission for status of women for 12 years now, so during the day time i try to do as little as possible, but for reasons the demands don't allow for that. i work as a political strategists and leadership development consultant and that is built on years of working in criminal and juvenile justice reform as well as in the womens' community as well as the lgbt community which i spend a great deal of time serving and it's a pleasure to be here and than

i have been on the commission for 3 years. i work at the financial district at the asian law caucus. i'm one of the many attorneys that you have on the commission tonight. i'm glad to see you take time out of your business day to come to share your concerns, questions and suggestions that you have and thanks very much to captain falvey for hosting us and the station for hosting us and the hard work in prepping for tonight's meetings and i look forward to hearing from the community about your questions and thoughts. >> tom mazzucco. i'm a prosecutor and spent ten years in san francisco prosecution office organized crime unit and traffic unit. i'm a career prosecutor and career public servant and now i'm in a lawfirm. my wife is a san franciscans and i raised my children. they are in law school now. i was on 7 on 7 drill on the football team when i was playing them in high school. it's been a while. this is my favorite part to be on the commission is coming out here to the community. i'm really looking forward tonight to hear fro

the commission. and they had net file that wouldn't rebuild the system because it was going to cost a lot of money >> we don't have any additional. if the commission decided i didn't want to go in this decision staff would very quickly have to come up with an alternate and we wouldn't know what to do. >> we could say this isn't working for us but it is. >> what about the cost? >> for the first time we've maintained costs for 6 years static. in this it's going to go up. i think that net file has been for bearing to ask for more because the city has made

on the legislation, both the entertainment commission and the small business commission voted unanimously to support it. the legislation expands the limited light performance which we created years ago to include outdoor spaces like patios and court yards where currently they can not obtain an on going permit for live music. the noise standards are the same. the expansion of live performance to include dj's so they can get limited live performance, venues will be able to get limited life performance, for example a cafe or art gallery won't have to get a permit before 10:00 at night. it issues a ninety day temporary entertainment permit when a nightclub is sold and a new owner has to get a new entertainment permit which takes months and months to get. right now they maybe asked to shut down that process. so we borrow the idea here and employing it for a 90 day temporary place of entertainment permit. in terms of enhancing the enforcement powers of the entertainment commission, this will increase the temporary suspension power of the director of the commission from seven days to

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 an

commission upon recommendation of the park commission would find that the shadow on the project is not adverse to the planning of that park and plan consistence with the following plan and the board of supervisors would have to adapt a height limit and adopt a special proposed district and final they have to find it consistent with the downtown corporation. and residential parking quantity and to allow curb cuts on missions street. in the time allotted i won't cover everything. the board of supervisors was - it upheld the eir, however, it included concerns about pedestrian safety and shadows. it is modified from the staff report incorporates to the shadow impacts. the height of the project was reduced from 40 feet and the maximum number of units has been reduced. the roof and agricultural appreciation hadn't changed. the staff report reflected the project. the appeal of everyer to the board of supervisors the commission would need to adopt finding under the mitigation and monitoring program. by reference to the sequa findings that were adopted by the planning commission. in addition th

the commission specifically declined to pull the wall back any more than three feet. out of concern with the resulting interior space would be too small and that is correct. appellants make much of the effect that they have undertaken a survey showing a house at 601 is further from the street and the home at 615 closer to the street than we have thought. and per the document submitted now, there may have been a measurement error in 2002 that was carried forward into this process and thus we have now provided a new corrected site plan the upshot is that the required set back has moved back 1 and a half feet but the front one sits behind that set back line. and so the house is entirely consistent, the tweak in the sight plan in no way effects validity. >> the objective has been fully attained and the photo montages. >> how do i do this again? >> overhead. >> i did. >> sorry. >> and the photo montags shows that it is amply visible and prominent as seen from the street, in this hearing, we urge the board of appeals to decide that even if the view is an issue of public imp