Bryant, i want to start off by thanking sf gov tv and Media Services and every media of the commission and making it available to the public online as well as channel 26 to the public and the audience, please silence all your cell phones and electronic devices. If you are to participate in Public Comment, please fill out a Public Comment speaker card, theres some at the very front right there, i think theyre yellow, and have it completed, put on the podium and the clerk will collect them. Were going to start with the call to order, and roll call. Roll call. Commissioner cavellini. Present. Can commission near lee, commissioner joseph, commissioner hyde, commissioner tan. Here. We have a quorum, commissioner perez and akers arent present this evening. I would like to make a couple of amendments before we go on with the agenda. Wed like to move item number 5, the hearing and possible action regarding sorry, no, im number 6, review and possible action to review the conditions for brick and mortar, i would like to move that to item 3 above the report for executive director and also to move item 5, the hearing and possible action for permits right below that, so well have brick and mortar first and then the new permits and then the executive director report. Alright . Our First Business is Public Comment, so this is for items so, excuse me, sorry, i think you might need to get a motion to make these changes to the agenda. Okay, so moved. Second. Okay. Here we go. Commissioner cavellini. Aye. Commissioner lee . Commissioner joseph. Aye. Commissioner tan . Aye. Alright, thank you,. Now on to Public Comment. Members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission. Wpt to the agenda items, members the public may address the commission for up to three minutes at the time such item is called, seeing no Public Comment, well move on to item 2, review and approval of the minutes of june 18th and july 16, 2013. Are there any comments . I move to approve. I second. We have a motion and a second. And may i have a call . Absolutely. Aye. Moving on to item number 3, so this is now the review and possible action to review and change the conditions on the place of Entertainment Permit ec1052 for brick and mortar located at 1710 mission street. What we have today is a request by the permit holder to amend some of the conditions on their permit. Commissioners, in your packet, there is a recap of a series of e vents since the last time we saw brick and mortar here on may 21, as you can see on that, there are 7 conditions on top of the Good Neighbor policy that we have that we placed on brick and mortar. Subsequent to that on may 30, it looks like there was an appeal file to the board of appeals which suspended the conditions and transferred the authority of these from the Entertainment Commission to the board of permit appeals. We were waiting for the decision. We also were waiting for the unpaid citations during the morning of the board of permit appeals hearing, it says later at that hear, the board denied the appeal leading the ec brick and mortar permits in place, and that was june 13. On june 27, the ec did receive sorry, they requested to come back to the commission as they had completed their soundproofing, the ec offered two dates, they requested august 6, which is today, so we will be hearing them today. On july 3, the Entertainment Commission received notice that the brick and mortar check, there was a bounced check, the ec notified mr. Oconnor and mr. Jenkins and the fees were still outstanding. On july 25, july 27 and july 28, there was noise complaints to the Entertainment Commission by the neighbors about brick and mortar. Can you please repeat those dates. July 25, july 27, and july 28th. On july 31, there was a second check received from brick and mortar to cover the citations for the returned check fees which did not bounce. That brings us to august 3 where sound inspections were made by both the Entertainment Commission and the department of Public Health to take sound measurements at brick and mortar. On august 3, that same day, there were no noise complaints filed by neighbors and august 4, the next day. So, thats just what we have before us, but it looks like we have the permit holder here to make their case, so okay. Im here to request that the closing limits be lifted or the closing time limits. We have done quite a bit of sound reinforcement, i have worked very closely with the neighbor, have been in fairly consistent contact with them, i was not aware of those complaints and but for the most part, we have not had a lot of complaints, so we soundproofed the entire shell ceiling of the building and then we went ahead and created a shell, an inner shell around the stage to try to control and tame the sounds of the bands actual amps that we cant control at our sound board. I have established a good working relationship with the neighbors and i think were definitely moving in the right direction. There are some other sound reinforcement strategies i want to use, but we have definitely gone fairly taken in a good direction for now, so thats where were at. Im wondering if youve received any communication from neighbors regarding the hearing tonight, one neighbor said they were going to submit ao letter saying that they were for the most part satisfied with the clubs efforts and thought we had stepped up and been a Good Neighbor which i will continue to be now that there is positive communication going on between everybody as opposed to in the past when there were multiple parties that were at fault for there being poor communication including us and to a certain degree, the staff, the commission, which i think is now taken care of and were fine and we just want to solve the problem and work with the neighbors. So, i see all the staff nodding, we got an email today from the neighbor. Theres two in our packet. So, can i just go ahead. So, on your ongoing sound strategies, are you do you have any plans to implement them in the near future . Yes, yes, we do. I mean, what we just did since the initial hearing has been very, very, very extensive. It wasnt i mean, and there was efforts before that. This is the fourth and fifth different strategy that was taken and its definitely has worked and we can do more. Okay, so as far as the communication, is the communication i see on august 6 audrey, we cant hear you. Sorry, theres a communication on august 6 from someone named crystal zimmerman who lives at 1760 mission, and she says that you have beener responsive and receptive to their complaints by lowering the sound levels but you have not yet provided a direct line, i guess she means a phone line, to the venue, nor have you complied with the conditions of closing stopping live sound at 11 30 on weeknights and 12 30 on weekends, is that the person you were talking about . No, i have not been in direct communication with her. Okay. I dont think shes on the email chain with the neighbors that are primarily on the rear where shes on the side, and i will fix that and get a hold of her email so that she does the neighbors in the back have been contacting me directly. I would assume that my guess, i wouldnt assume it but i would guess that these complaints the commission got were on the 25, 26, 27th might have been from here because if theres been a problem with the sound in the last two months, neighbors are emailing me directly and then im communicating right to the sound person as soon as i get the email on my iphone, and i will continue to maintain that. Im also going to just go ahead and forward the phone numbers of the i mean, we have a house line at the desk which is on the website and that ive communicated that to the back neighbors, however, sometimes the guy cant hear it, but they do check their phones and i just made this discussion with one of the people that sent the letter, and we just talked about this yesterday, that she could just have the door guy and the sound guys direct cell phone so she can text me or me simultaneously to get the quickest response and i will relay that information to our neighbor, ms. Zimmerman. Okay, so then we also have just so you know, this is for your information, lex wrote that they dont have a phone line information, what is the date on this . August 6th, im sorry, yeah, august 6, so you put your phone line out there to people because they dont have it. Okay, yes. And is it possible that you can complete whatever other sound work you need to do in the next two weeks . Is it possible . In reality . I mean, like i said, the work weve done since the initial hearing has been very, very extensive. I will continue in the next two week, i will add another strategy to soundproof another area which is already soundproofed but to reinforce the soundproofing. And, you know, as we know, its not scientific, i cant say, this is going to work, but we are definitely putting the effort in and i will continue to put the effort in, in the next two weeks. I have one last question, so some of the emails that ive read is that for the most part, the sound has been corrected but there are times when it goes back to what it used to be, can you tell me if you attribute that to volume, someone is increasing the volume or what do you attribute that to, do you think . In my experience, when i have called in a complaint, ive been firm about saying get the volume down, the answer is, its the amps on the stage that arent being cant be altered by the sound guy, so we can communicate with the bands, hey, this is the limit, but youre also interacting with, you know, a 23 yearold kid whos on tour and hes like, okay, ill keep my amp at this level, and then, you know, three hours later when the show starts, boom, so we have to keep riding them and working with the bands. Thank you. Commissioners, any other yeah, so this extensive soundproofing as you have no documentation, i think the last time i was asking about documentation, again, i was saying that you would have a better chance of proving your case at least to me exactly to see what you have done because for me, i can always say that ive done extensive work and maybe extensive to you is something else, you know, im looking at these numbers and im going to talk to the inspector and ask him a few questions but i see some spikes that go up to above your set levels, i mean, it goes to 76, it goes to 102, i mean, theres certain things and i think it contributes a lot to the volume, i mean, if you get a complaint, im sure you turn it down and take the reading and the volume would go down, the thing is when you well, at least in a nightclub, you know, we want to play it as loud as possible without having to turn it up and down when neighbors complain, so a true soundproofing is you have everything done and as long as you keep the level at the proper thing, it wouldnt be spiking because you wouldnt be turning it up and down and these readings that theyre taking, you know, then it goes by the average, but then when it does peak, youre still the neighbors going to complain because the soundproofing hasnt been finished. So, if we decide to move forward, and audrey wants two more waoex of soundproofing, i would like to have a summary of what youve done, okay, i mean, whether its extra sheet rock, whether its done already, and even photographs would be even nice because obviously this is impacting your business and you want us to make a call, but i dont have any visual information or anything to read, so other than you are responsive to the neighbors, thats good but its not going to solve the problem, so im kind of at that point with that and i dont know if anybody else wants to talk about so, can you provide us photos and just a written documentation of what youve done in terms of soundproofing . Yes. You know, i would like to continue that conversation. I was reading in writings that you guys posted after the meeting that you had no idea that when you came to the meeting, you got blind sided by the Entertainment Commission but you came two weeks after you were supposed to be here, correct . Originally . It was continued. It was continued for two weeks at your request and when you did come, you didnt provide any information or any numbers or any photos and the neighbors provided all of that, and then i keep hearing different numbers about how much is being spent on soundproofing, and then theres like a shell here and a shell there and i happen to ask a couple of people, let me call it up here, about what they did when they opened up a little barn with a permit, and they put spray insulation on the roof six feet thick, the walls were pumped with cell you loes, all exterior walls also were insulated, these people knew that right off the top of their head like what was done and they were able to quote me prices and what they did, and i was wondering if you could quote me some prices and what you did and what you used. First of all, keep in mind that this building has been a club 7 to 8, 9 years. This place has also been a club, i just want to know what you did. Theres a lot of hostility in your tone. Its not hostility, i just want to have that information if i could. Like i said, there had been multiple clubs there prior to us, we did not know a history of sound complaints, so its an 80 yearold building that of reinforced brick that i cant go in and build new walls and this and that, and if i was going in from scratch to a building and creating a club, as i currently am again at another site, i am aware of those strategies and realize that thats a great way to approach the problem. In this particular case when we opened, i was attracted to the deal and the project because it had been a club and ive done this long enough to know that you need to do your Due Diligence on potential sound complaint issues. Currently the project im working on right now is a building that i went after specifically because it was right next to the freeway, and so, can i redirect you, i think the question that commissioner hyde had im answering the question. Can i just finish my question, were asking what have you done, whether its quoting prices or the actual material was used to soundproof, its a simple question. The entire roof, the shell of the structure was covered with two sheets of sheet rock and a layer of sound board which is approximately 4 thousand square feet and was i can come up with a ballpark price of 10 thousand dollars but it was more or less around that price, in addition, then we framed out a shell and a lowered ceiling below the actual ceiling that had been soundproofed, a lower ceiling above the stage to contain the amplified amps on the stage at a cost of about 5 grand. Go ahead, commissioner. Can i just ask if the shell is attached, is it a total box . Is it like sealed on all sides . Except the front, so you can see the band. Okay, gotcha. Commissioner hyde . Yeah, and if you hear hostility, im going to tell you why i feel hostile. You said that multiple parties are responsible for the problems that were being had and you also said that sometimes the phone for neighbors cant be heard in the front and in the Good Neighbor policy, it states specifically that a venue must provide a cell phone number to all interested neighbors that will be answered at all times by a manager and or responsible person who has the authority to adjust the volume and respond to complaints whenever entertainment is provided, and then you also said that you cant control the sound of the bands because of a 23 yearold who is on tour, and quite frankly, like the 23 yearold doesnt care whether you keep this permit or not because theyre just there for the night. It is up to you to be responsible for that noise and the noise that is being emitted from your organization, and if i sound hostile, its because i think instead of accepting responsibility, i continue to hear excuses, and also i think you knew that you should probably come here with some figures and some photographs and prove to us that you have done what youve done because this is very serious and its probably impacting your business a lot and its not something we wanted to do, its something that we were had to do because the neighbors could not live in this environment. So, i think, you know, if you hear me sounding a little egregious, it is because i dont feel like responsibility is being taken and that the problem seriousness is also being accepted as your responsibility. Do any other commissioners have questions or comments . Not at this time . I just have a rebuttal i mean to your when you take on an old building, like ive taken over the truck der row in the day, we had sound complaints everywhere and im still there after 12 years, and ive spept a lot of money on soundproofing and im probably able to raise my decibel to at least 98. I can do the same at the independent. I had the same problem with the Justice League and we fixed it. So, just as brick and mortar, you know how to fix it, cant say its an old building, its a club, yes, truck der rho is a club, i took it on, it could be fixed, monitors on the stage, in live music, they have their own music and have their own amp, i remember when barbara was on the commission and the police department, they would tell me all my pr gear would have to go through the system and we havent gone there yet, so im saying there are ways to mitigate sound, so and it appears that you know what to do, so i think the question here is really why dont you just bring that proof to us instead of just verbalizing it, show it to us on paper and do that Due Diligence, i think thats all were really asking, i dont think were questioning your ability to do that, i think you said you can and you have, and i think you said if we give you two more week, can you show us that on paper and you said yes. I have one question, inspector edwards, i cant read the name of the Health Department inspector that took some readings at 8 3 at brick and mortar, but i want you to confirm if this is real or not, it says with front door closed, noise from live band did not exceed 8dba over ambient. That is correct. That is correct, and ms. Kane, as far as the code goes, is it not true that it says 8dba over ambient . It does say that, this is the reading at the front door. Okay. So, in other words, from the Health Departments inspection, they are in compliance, is that right . That is correct. Okay, thats all i want to know. Great, so is there any other discussion fwr the commissioners or questions . So, the question at hand is whether we can go back into the closing time. Yeah, we should take Public Comment. Can i just ask what your request is, what time . To lift the closing times that the commission what closing time would you like . I dont know, i suppose midnight on the weekends and 1 00 midnight on the weekdays and regular 2 00 on the weekends, although most times were over earlier because live shows are generally not that late. I just want to make clarification is that what were talking about is the time the entertainment ends, not the time that the venue closes. So, you would like 12 00 a. M. On weekdays for entertainment to end and 1 00 a. M. On weekends . Yes, please, thats fine