As for Colbruno – I assume that when the time came to vote, they would just bifurcate the section about signs, so Colbruno could vote on everything else.

I’m not going to comment on the first amendment issue, but I will say that my neighborhood is about a million times more pleasant at night now that Sweet Jimmies and @17th are closed.

Also, if the proposal bans billboards, whether or not anyone agrees with that, it should be a completely separate vote on the billboards at the planning commission. If it’s wrapped up in the same measure, it can be used in a cynical way to keep Michael Colbruno from being able to vote on the measure as a whole. (He’d have to recuse himself ’cause he works for clearchannel).

And can anyone tell me about whether I’m right about that first amendment issue, or if I’m just talkin out my tookas?

This discussion points out exactly how nightclubs have their own regulatory framework that needs improvement, and adding the Planning Commission’s one-time discretionary decision adds no value. I think the same is true for educational facilities like charter or cosmetology schools: why do they need a Planning Commission vote just to open? Also, Robert and Joanna, thanks for the kind words for taller buildings.

PS: Surface parking lots are prohibited under the proposal. Structured and underground parking is conditionally permitted.

What I saw with Zazoo’s was even more perplexing. The City didn’t want to implement or enforce too many rules because they knew it was cost prohibitive for the club and they didn’t want to see the club go under – I heard this from Deborah Edgerly on Mingles and from Barbara Killey for every single time there’s been a cabaret license hearing. But what about the residents of Portobello that lost significant sums of their housing value because of that club? Combined, it was at least quadruple what the club owner lost by going out of business.

Height limits? I’m no longer for them. My building is surrounded by taller buildings. We put in skylights and although we lost our view from every direction, I still love the charm of our old place.

And again, making rules that favor one genre of artistic expression over another violates the First Amendment to the Constitution of the United States. I believe that if a club was told “no hyphy” and then played hyphy and was punished, they’d be able to win a first amendment law suit. I hope that happens someday. I mean didn’t we learn anything when we watched “Footloose”?

If I can go back to the height limits around the lake. The same number of folks can see the lake regardless of the limits. If you step back the limits all it means is that more folks further frm the lake can see the lake, and fewer folks close to the lake can see the lake (because the buildings are shorter). This part of the discussion is a zero sum game – which is not what we should be talkig about. We should be talkng about how to maximize the value to Oakland, not individuals.

So what is the differentiating factor for these different cabaret licensed places? Hyphy is certainly one. It attracts a rougher crowd, typically more into drugs. It’s not just the patrons you have to consider, but the hanger-on types that hang out in the areas surrounding these types of clubs. I am so effing tired of hearing that it is a racial issue, because there were plenty of whites mixed in the Mingles crowd at least. It’s the specific type of music that seems to cause a problem. I’d love to hear about a hyphy club without drama.

If you want sideshows and murders – just look at how those problems went away with the departure of Mingles – try it in your neighborhood. For the Jack London District, it was drama-drama-drama and I, for one, am glad that it has calmed down. Places like Yoshi’s lose business when the other clubs nearby cause people to be afraid. I daresay that quite a few residents moved out during the Mingles drama just because they didn’t feel like the City cared. It’s a fine line between nightclubs and downtown living. The balance can be had, but you do have to consider the cabaret licenses as they are requrested.

As a business owner I spent every morning cleaning up after the Mingles patrons and it wasn’t pretty. Now, with Covenant House in the neighborhood, I’d hate to see another club like Mingles, Bluesville, On Broadway, or Oak Tree come back. Bring on Yoshi’s, Air, and others like that. Old Oakland is certainly lively at night and I love to see it thrive.