Transcripts For SFGTV Entertainment Commission 32117 20170331

[gavel] i will call this meeting to order. Its 5 40 pm. Welcome to the tuesday, march 21 20,017 Entertainment Commission my name is brian tan president of the Commission Just a few housekeeping items. Please, turn off your cell phones or keep them on vibrate to not disturb the meeting. If you want to speak during Public Comment you be called on or you have Public Comment cards. We do have more cards of front if you want to fill out and send it to our staff. I will call you when the appropriate item comes all. Then, finally we always get you think sfgov tv services for airing this meeting not to the pop. Thank you for everyone out there watching today. We will go ahead and start this meeting with a roll call. Hockhammer here, thomas, lamb, frost here. We have a quorum commissioner [inaudible] eddies on his way. I am here, to sorry. Commissioner tan here. Before we go on to item number one i do want to highlight that theres an item on our agenda there will be continued. That is item number seven. 500 a continuance on this that no one from how soon could make it tonight. Gina your own or any of the staff could be here. In addition to that of instructed our staff to [inaudible] police code 1060. 124 commissioners in her binder at the very back if you want to look at that. Essentially, there in that cody is that particular section is about noise abatement. It says if the committee feels within reasonable time and in no event more than 60 days after having been ordered to do so, pursuant to the article, to abate any noise this permit shall be suspended after second hearing due notice of which is given until such time as he complies with the order. So just to break that into more laymans terms, essentially what i said and what i asked our director to do is to let how soon oh they have 60 days from our last hearing not to provide us with their plans for how to abate the noise had to do some probing but essentially by my tradition of this code they have 60 days to make that actual improvements. So that squeezes their timeline down. I think they were giving us very unclear answers and have also, in the request for continuance, still given us unclear answers about how much time they need. So that is instruction was given to our staff. I would read pulling that item. We do intend on hearing the matter next Commission Meeting and so we will discuss that. Item number one is general Public Comments. This is where Public Comment on any items that pertains to the business of the San Francisco entertain come Entertainment Commission into seat currently agendize. Is there any Public Comment . I think theres two and i know you guys want to speak about a different item that we discontinued so i will give you a chance. Whoever wants to, first . It of 2 min. Hello. Commissioners. Its good to see you again. Earlier this afternoon 20 i learned the agenda item for hulsey on is being pushed to the next hearing on april 4. We were quite surprised by this as the commission seemed firm on their timeline the last hearing giving gina two weeks to come up with an initial plan to address the ongoing nose issues. The hearing on april 4 be the fourth hearing we will attend which is quite a burden on our time. So you feel its important to attendance we can be represented. Our introductions with inspector burke on this issue stretch back many months. We sincerely hope the commission will consider the stressful burden is been on her living situation for quite some time. We still not received a timeline for improvements and we are hoping that commission will pay some are structured somehow seconds after our permit until such a plan can be developed and set in motion. The past two weeks since the last hearing operation is continued as usual. It seems those two additional weeks of continued noise no plan timeline were agreement are stretching up to four weeks. Last week and was particularly bad. We requested the commission provide some way of ensuring hulsey on within the limits particularly, after hours. Inspector burke is not always available and almost never after 2 am. It seems theyre able to continue to operate however they please, especially after two and what happens is like nothing we can do about it which is very frustrating for us. We would love if there would be some type of enforcement plan particularly, as the process continues to drag out without improvements to the noise. Thank you. Thank you. Point of clarification. Goahead can i ask were you able to lodge a complaint to the venue . I sent inspector burke a complaint did you contact the venue itself . No. I contacted inspector burke. Thank you. Actually i may have included gina as well. Im not 100 positive. Maybe [inaudible]. Thank you. All right. [calling Public Comment cards] hello. Commissioners nice to see everyone on tonythe northeast rate just to remind you. Since the last hearing two weeks ago i stood up after 2 am on the weekends and we are still hearing sound leakage into our home from hulsey on. While the high frequencies have been improved, theres still a lot of base passing through into our bedrooms. I understand we are moving an agenda item to next agenda. The next hearing. But what kind of reprieve and residents have until theres a permanent solution . Given patient and cooperative with operators while they keep on getting her nonexisting, once pushed out what we continue to live with the entertainment sound coming into our homes. So until renovations are complete, or, theres a better longterm solution in place, the entertain commission do anything to help us until then . Thank you. Is there any other Public Comment . Seeing none, Public Comment is closed. [gavel] we will move on to our next item which is approval of Meeting Minutes from march 7. Commissioners, any would like to make a motion . I moved to approve. Is there a second . Second. Moved and seconded. Any edits or changes. Doesnt seem like there are any good any Public Comments on minutes . Lets go ahead and take a bow looks perez aye thomas aye bierman aye lee aye frost tremont kim aye the minutes pass item number three the report from executive director. We havent seen you in a couple meetings. Traveling the world i think i just missed one. Good evening commissioners. So ive a bunch of stuff. Hopefully i would take too long. To update you on the first one is that the addition of [inaudible] cchapter 116 legislation was at last read on february 28. So it seems the mayor has like 10 days to sign. Im pretty sure we are in the window of its done. Its a done deal and i do have a list of Hotel Projects that they were in the pipeline as we push this legislation for. So we should be seeing some of those projects shortly in whatever form we end up with in terms of comedy are we talking about . There was about 17 within 300 feet and they seem to bunch up around the same areas obviously. So we been doing some work in advance to two of the hotels are within proximity to be sky like very close proximity could so doing outreach even in advance of the lobbying finalize because its time to do that. So anyway, thats where that is. Expect some of that. I wanted to update you. We do have been wondering whether or not the disclosure piece of chapter 115 is functioning and we set up this database online so that we couldpeople could easily go on there and put her affidavit in and indicate they are disclosing. But we went back to planning and relearned that literally from project nine of the projects we reviewed our candidate yet. Theres been like, build and not even ground broken. So were not missing anything i just had a nightmare we were missing our opportunity for disclosure but we have not done that. We are staying on top of that with the first one gets people in it better be a good day and we will let you know. Are they supposed to summit the disclosure to us . To you speak with the affidavits get committed to the city Entertainment Commission office via a Online System is waiting to be utilized. Then it will be like a backend that we can look up and use when someone calls and says i can hear something and then we can refer them to the disclosure of an obviously do what we do which is try to abate the noise. Okay. I went again to what i think might be the Fourth Meeting of the dbi warehouse working group. I dont know if heard about this previously because i know [inaudible] i been to meetings. The permit of building inspection after the goshen fire put together a working group about the compliance agencies to work towards pushing forward implementation of the citywide policy to not make people homeless and keep artists in working and Living Spaces can we finally today got to appoint a discussion of Assembly Phases because previously, its all been about residential issues. While im glad we were invited, we dont with people Living Spaces. So it was a little bit tangential until today where they agenda is the Entertainment Commission and the arts commission, to do presentation on who we are, what we do because frankie, as much as we work with all these other ages, we work with very small slivers of people that run them and the bounds of those ages dont have any energy with the entertain commission does or how it affects their work. So i did a basic introduction and we sort of went forward to expire and how are onetime event permit works is that i think is really the issue. Then, indicate how we get notified of one off events that might be illegal or underground as well as certain repetitive addresses that tend to panic crop up and go away and crop up again. The outcome of the task force is yet to be seen. I mean i think its good to be bunch of recommendations. Some of which are related to the illegal assembly, but i will keep you informed because i think its going to be, to be honest from our side mostly just information sharing. I think the Biggest Issue with all the departments that we keep our own info a little silo and i can update theirs and they can update mine. So it might be in the end of the day some sort of it work to find a way to sort of put it out there for everyone time event permit at this address is activated for every weekend. Like, it will be out there. Anyway, thats whats going on. There is work and i think the Bigger Picture is that the city in general is committed to making pathways towards compliance. The not interested in coming down too hard on spaces unless theyre patently unsafe. This ruling away to make it work without millions of dollars. So this package i gave you with a memo on top, does everyone see that . Its a little deceiving good i stabled it because i didnt want all these pages to fly round but really, it is a review. A try to go this through fairly quickly. I did a memo also of the [inaudible] since we have not had a meeting in 2017 at all, there were a decent number of projects that needed to move forward based on their hearing date at planning. So theyre all different and the kind of constructive and president and i have had a discussion about how were going to move forward as a commission intelligent review of new projects coming for. We may coming back, depending on the conversation you have been always projects to the full commission instead of you, that use the Committee Structure because the number projects slowdown from a much more manageable but in the meantime, i thought i would update you on how these things played out. The first one is 565 howard. When i wrote this memo it was like amazed at the size of these buildings is astounding in some cases, its 380 feet tall, 36 tory mixed use highrise tower with 69 residential units and 255 hotel rooms. Its a big project in particularly, we would want to hear big project like that but again we can mitigation from the planner the project sponsor may that hearing really hard so the project sponsor and i went back and forth quite a bit and he was able to outreach to the in particular, te i club which very very heav dutyy latenight active poa and have them also update their sound study to include sound reading taking performance. I did catch that. That is the first couple of pages if youre interested. Because it didnt obviously take that into account [inaudible] know weve done this on a regular basement so we had to go back into that. The outcome getting change the rate of materials. So, the standard recommendations were sent to planning. We asked that the project sponsor continue to outreach to the poe and keep us informed of the proper progress because it is a very very large large project. The next one, and again, i didntevery one of these does not have [inaudible] a lease as a project sponsor form so you have a good idea what its about. The 34 9020 street project, again user like a late add and it somewhat small. Probably would not have been reviewed at hearing anyway. Their plan is to change occupancy of the top two floors making for offices into four residential units and adding a roof deck. The reason it obviously came to us as bit proximity to bring those. Who knows for a long time was just a restaurant with the poe they do not actively use and i think windows is pretty much turned into a like a weekend only nightclub use for better or worse. So it was important that obviously our offices try housing being reviewed. So the fact that this is so small, it didnt trigger environmental which we know we see quite a bit in these large projects. That being the case, there wasnt a sound subject given there was no sound study and no way for them to be enforced to do one, i sent a sound inspected to do a sound study to do a sound study on the fly. So he went out there and i asked the project sponsor to meet him out there is probably [inaudible] he stayed from 11 ammidnight as i recall that i included johns note, i think i did some work. Maybe i didnt did i dont know. They are a. Okay. To basically do two things. One, obviously, get a read on how the current construction of the building week sound or not and also, have the project sponsor be there at 11 pm and i get hes intending to make something of an office into residential without ever having been there that late energy so made him do both things at the same time. The conclusions indicate a minimal sum is audible [inaudible] and the design of this newer of graded building standards is going toit can only improve the soundproofing and so again what i did was just sent him a recommendation to the Planning Department. I thought that was a good waya good use of our resource. I hope you do, too. Can i interrupt . Ferber knows when you are out there were their doors wide open or how was that . I actually walked by last week and or the weekend before and there were us thumping. In my experience, what that evening particular i was more focused on any sound escaping from the roof. So thethere is a direct line of sight from current units on the north side of that building. It overlooks some skylights. I went to the roof could we went into a couple of units and it was very minimal sound that was leaking into the units themselves. I took a quick measurement of sound coming up out of the roof. I didnt notice at the time any sound was coming up from street level. So as far as i know, i think we may not have to worry about the doors. I have not noticed, and most recent patrols, i just took over the mission that the doors have not been an issue. I will definitely yes. Just some kind of light enforcement of that but yes, its not [inaudible] asking him to triple pane windows that is totally fine. Thank you. Thank you. Okay. I guess the things are not really in order. Sorry. The next one i have in this is 1228. Which is a project with 24 new residential units and groundfloor lower commercial split into two separate buildings on fulsome and clementina. They are near the cat club and [inaudible] also very active spots, both i think our end at 2 am. So project sponsor met with the operators. They did outreach to bars and they alsoto those operators as well as bars. So what i am aiming at theres a across the street that does have a poe but im costly pushing these guys to do our reach even if it has eight [inaudible] or doesnt have anything with us. Still if it quacks like a duck and looks like a duck so they actually did that which was pretty happy about. They submitted their sound study which already accounted for night life could anyone anyone uses Charles Salter as their consultant theyre going to get that now as a matter of course which is really i think a good thing. Something that we should all be proud of. So, yes recommendations sent. This indirect renditions were their quest the project sponsor account for the lack ofso the cat club in particular, pointed out that they did not do that highrating hoist a microphone will be high up. This project is going to go fairly high up above those two places of entertainment. Again, we do not have time with the timing of these projects to push them before they go to planning but we did request andi constantly do that get him and his son these recognitions and put a note in here to the planner that this is the extra things we want. Why not . Whats the worst thats when to happen . So ive not received information that i did email them again, project sponsor about that and have added information will be helpful. But i feel very confident because theres this continues order back and forth between the operators. The project sponsor. 1327 columbus is really a small project that am getting all kinds of sizes right now because the [inaudible] which ones are into their overdoing it which is fine by me. This is to demolish a twostory commercial and build a fourstory retail and singlefamily home. Basically the guys that lived there i guess they own the property. The commercial. Now he wants to live there. Is going to keep two floors as commercial and live on the opportune floor spirit so one family home. Single dwelling right . Peered but its within distance to Fiddlers Green and the rock so that is a Bottle Service nightclub as well. So make sure there was communication even though like i said i dont this one doesnt meet the standards of what were supposed to be reviewing. So i force the communication is in the planner the Standard Commission and reiterated the language could i put that in here because i thought it was interesting. The emailproject sponsor emailed and said, basicallyis it here . Owner fully aware of the noises and will accept the noise that your business generates. He is the owner of the property for many many years did he knows and understands the neighborhood and surrounding. Sound insulation matters a big [inaudible] during the design of the project and also when the time comes for construction we will accommodate construction schedule among all the neighbors to consider how the schedule they impact your operation. So another words i thought that was interesting because i was the first initiation i got from project but are not was already there. I just reiterated that to the Planning Department said, here it is. Take it for what its worth. So thats that. 1500 mission is humongous project. Its commonly referred to as the goodwill project that i dont know if youve read about it at all, within City Government is a big deal because a large office tower is going to go up and house bids at Building Planning and budget onestop shop of all the departments together. It also will have residential and it is 2. 5 acres of residential retail and office space. It will be almost 400 feet tall. Its going to be big. On the corner of [inaudible] and mission were the goodwill is stillwasis. Its a pretty large. Theres only one fairly small deal we within proximity surprising but true which is forgery and months and months ago they had meetings with forgery and dont see any problems. So they went to Planning Commission in february. Standard recommendations were sent. Yes its a big big project but not really too much around it. Then the last thing i want to doand have this if anyone is interested, we heard about this one project at if you were there at rvr it was a buildinc. Project and it is huge. But at the corner of van ness and market. Massive massive project. 40 story tower with 300 units of residential and retail on the ground floor but part of theyou know, proposal and demonstration to the commission was just a plaza they intend to build like a public plaza. It is 13,000 squarefoot open space at the foot of the building. That they intend to activate with like entertainment and music. So we askedthe Commission Committee asked to build project project sponsored to come back to us and keep us informed to make sure permits were granted for this activation. So i had a meeting in february with billpublic there on doing this public open space. If youre interested you can take a look at. Its pretty cool. Theyre right next door to the conservatory of music and the conservatory, the theater inside 25 van ness. So they will make use of that at the rickshaw is live at further away but their intention is to really activateits good to be super windy so thats the big challenge as i see. Its a funky design sort of mitigate the wind. I dont know but scored to work. Anyway i will keep you guys informed as this things before. Again this took years and years in the pipeline so we will see what happens. There was that. You can send that around if you are curious. Im happy to take any questions if you have any. All these projects, now or later [inaudible] keep pushing through and getting more creative and pushing the limit on what we are allowed to do, to see where someone says, you cant ask that and have not done that yet. So im curious how do they test like a seven and 18 four . If the building is not build yet yes the its feasible or though put on something next door theres something off. I have neverat this point i dont know the commissioners who are rvr how high up you can get a microphone. If you graduate as high up as you can at some point in the permit will to do it because most of the complaints coming up these days are above the roof line. So i think that should bei do know how are your takes care of this but how accurate is it . Unless its built you can change it. Especially if theyre so high. Yes i recall that above i think 10 stories the sound just startsyou cant really differentiate between like the street noise, carter was, it just becomes like tort of ambient noise. So i dont know how high they could place the microphones from but i know becomes exponentially kind of dissipated as you go up to it i think after that its not a problem because you get the noise and everything but i think from say the third floor to the seventh, which would be the most important one right there, soim just worried about that. Because they are busy and right. We had another project that did go to rvr committee remember, great. store to it yes there were a lot of conversations that i think to engage in this prospect commissioner lee. I dont think any eight permits have been issued yet but i had a long conversation yesterday with someone who is concerned about new services being built and bouncing off and ending up in her really old construction building on the other side of the street. It super complicated and we learn as we go. So i am feeling in the future you will actually be able to ask a question of a consultant because they will come here instead of to committee. So we will get to that at some point but its a fair question. Yes i think just going there theres a lot of New Buildings across the street with glass peer a lot of things are bouncing. What happens now might be totally different. I know. We dont know what we dont know. We can try our hardest to emulate what could happen or lease of the conversation to be prepared for it, but i think with incremental regulation to the buildings are already supposed to meet a certain standard to block out noise. I think, this is not the only protection around the. This gives us a tool to give to nightlife venues and those developers of the Student Housing a way to come to the table to talk about it more in depth. Because i think some would argue that ceqa and other departmental solutions regulations out there should be enough, but even that some projects doctors, and say, yes, weve had enough weve already done this but the value leaders bringing those two parties to the table because they can really than Start Talking about hate such assaults on measurement. Youre also talk about foot traffic and all these other cars honking in the street. That sort of thing. Yes. I think with a sound base and all that is controllable by the venue but it also youre allowed to do their business as well. So like you say, standards for this oclock there. Sure, there are standards to protect from traffic and Everything Else, but this is kind of like being neighborly and obviously heres an example of another place above were flying. So if we could kind of fix that in advance you would be a lot less headaches for both parties. Yes. I think your opinion is on the nose. Thats what were doing with the legislation created i think would rvr committee has worked on. Overly work on together. I was just wondering how do that thats all. Commissioner thomas 1500 mission st. Site it says theres also considering a restaurant in the old part of the building which certainly could potentially be looking for a place of Entertainment Permit down the road. Maybe oconnor restaurant is going to be but it doesntthats entirely possible. Do you knowif this is something keeping on making sure they are also going to be protecting themselves from their own face of entertainment ive had a lot of conversations with the project sponsor which is related the guys name is joe walsh because i remember that becausethanks mom. Yes, weve had conversations about that and obviously theyre going to tenant is with something that is going to bother their own residential neighbors but we would those with a regular place of entertainment process with accurate for me, its important also to let these guys know that theres it needs a place of entertainment have physical needs that are different maybe than just like a straight up restaurant cocktail bar good to consider those like insulating the roof also potentially subterranean kinds of uses when youre digging a hole think about that because as long as you dont vibrate your building thats not a bad face for nightlife as well. So, yes we did and we continue to have those conversations. Theres plenty of time so you all know. These projects take and in normal sleep long time. Even after they go to Planning Commission. I thought before we [inaudible] its pretty fast after you get your entitlement at planning could no, no, no. Theyre so much more to process. So theres planning time for not massive redesign but on the margin changes as well as just questions about certainly, but tenant seen. I know from the arty Art Committee we have recommended that they consider that use yes we had a right of return right . Lucky 13 for instance, there were sort of this is a historic part. Can you build out not just a shell but like does the actual business [inaudible]. So thats reaching [inaudible] reaching a little more when the legislation has but i think we are getting the broker to the table why not. Just on the 13 point columbus where the guy says hes live there forever. I he understands the noise. This is something that i think any place of entertainment is the one to know because he may be used to it comes time to sell, he, make sure that [inaudible] that the next person so he may just be so nice so we can get this project done not have somebody right. The good part of 116 the disclosures built right in. Because theyre within proximity of the 300 feet the disclosure is acquired by law. So that is in the entitlement. When he resells it, you got it. Already there. Anyone else . Got it covered. Okay. Moving on to arty our stuff . Yes so director king did allude to us not assess old body reviewing future development come to us. So i dont think with anything on deck right now, but i do anticipate rvr will be dissolved and instead of having a separate meeting which everyone is welcome to join, will have those projects as we come here and have a standing item at commission so that we can review it as a full commission. I think it something hopefully everything summon interest in it something we have to deal with. That our staff has to deal with on a day to day basis. So i figured its nice to share the wealth especially given the space is slowing down, and having one or two projects a month will be to our benefit. I think everyone can weigh in at that point, too, rather than consenting to it once it comes to the full commission. So i will act unless theres a feeling otherwise to do that work with our staff to make sure that standing items there. Is that clear . Because as president hes allowed to create and does all those committees. If that is your directive, it is my director. We will have a standing item on the agenda. We will put that in the minutes. Okay. Moving on, the reason i was not here last meeting was i was in austin texas. I didnt [inaudible] if you dont know what it is i can get 25 years in its like the biggest music festival, i think, in the country like as far as a conference. It engages interactive and film and music people come from everywhere all over the world to attend and meet face to face at all kinds of creative stuff. So i went and dylan also attended and thenbecause the city of austin actually concurrent to southwest by southwest did a day and have north American Music city conference as we sat around. It was super cool with allnew york, seattle, toronto, austin,who else was there . Denver. Maybe one or two other cities. Talking about all the work that we do and talk about best practices and talk about what works will talk about what doesnt work at all and what we can help get help with. Awesome stuff and then ive been invited to sit on a panel in actual like southwest by south west Conference Panel with the city of berlin. I was on the panel it was berlin, [inaudible] in denmark, if that is how you say. The another german city that i can remember someone from sydney. To talk about sort of against anything best practices, networking, San Francisco is like held in very very high regard worldwide at this point for all the work that we do to regulate nightlife. If you do not know that i think ive said this before. This is real. This is sort of the outgrowth of all that that Everyone Wants San Francisco to sit alongside all these worldclass cities to say this is how we do it what we do and everyone should take a look at how we do it. Its nothing is perfect obviously. There are some things we can do better but thats why i go to these things and the tenements of that we can get even better but we are pretty much thought leaders in this nightlife space. So congratulations. To get better, the next item is to ask you to look in your calendars because theres enough new commissioners come i think in one very new omission or that we need to put a retreat on the books. To review obviously code and our processes and you been to these before some of you. But i need to know when you are available. So if you want to look at your calendars now or you want to send me an email, i dont make a big mess as this but we need to pick. Typically we do this on a half day on a saturday. I will sign an will sign anoffsite location so the next few months would be preferable for me. Let me know. I think, thats it. I am done. Great. Any comments from commissioners to the director and her report . Is there any Public Comment comment on the directors report . Seeing none, Public Comment is closed. [gavel] item number four i think we only have one inspector here tonight to report. Inspector work. Thank you good evening commissioners. I got a complaint about the [inaudible] truck stopped at 55 to block your mission. Theres a complaint of her before. Ive heard from before and as i arrived the bay area aqmd was ending i do not get to hear things in full swing. I talked to the operator at length when you know theres a neighbor nearby less a concern about the level of sound that i would be expecting a call from them prior to the next event so coming out onsite into a subject and the neighbor two, establish a limit. If you site inspections. When a gray area 2665 mission. Just a quick walkthrough and talk with them ensuring they know what limit to the summit they need to be under. Sure they have a meter onsite. Law office in at 234 mission. I received a request from angle side amid officer to stop by after a complaint was received direct to the station about a door being left open about crosby no little rowdy outside. The one weekend two weekends ago i stop by friday and saturday i do notwas not be able to beat view anything that seems concerning. Im going to keep an eye on their and went back with a top of the permit office but irish bank at one time permit for us for st. Patricks day. They had [inaudible] there and everything was in compliance. Then i issued a think you commissioner lee for the heads up on the [inaudible] guys. A new restaurant 340 over oh. Operating after 2 am. I let them know they would need to apply for an extended hours permit and are now in touch with staff. Thats all i have for you. Great. Isguys in the same spot as [inaudible] correct. Okay. So the not operating any more . I guess its just switched. Its no longer at that location. Great. Hovel to know when they come back to us than people might not be happy with them. Any questions from our commission . Any Public Comment on the report . I was wondering if you could speak to some of our other complaints last week in and week and before . I do not hear those mentioned. Public comment is just a time for you to make a comment not too asked questions. So we are not allowed to respond to that. I apologize. Our staff is available offline to discuss these things. Any other Public Comment on this on the inspector report . Public comment is closed. [gavel] item number five which i believe is please Police Comments and questions and i do not do any police soul move on to item number six. Which is our permits good we have two tonight and i will hand it over to our deputy director. Thank you president tan offers permit application for this evening is an extended hours permit application for audio and audio is requested to add this permit to their existing [inaudible] as a midsized lounge and restaurant located on 11th st. On 31 611. They want to provide dancing after 2 am. They are asking the Commission Consider granting them a permit that allows him a 6 am operation however, is their intention to operate the majority of the time only until 4 am on fridays saturdays and holidays. I received letters of concern and protests from neighbors [inaudible]. You will see in your files. Ive received letters of support from taking individuals will. To be artists, promoters and club attorneys and other entertainment and history people. Then after 5 pm today i did receive about 20 more letters that did not make into your file in time. These were of support as well. Southern station approved this permit. Attach conditions are on the final page of your packet. They are similar to what you usually see from southern and so here tutorial a bit more about audios application for ehp is owner David Brinkley and there some [inaudible] is here. President tan, commissioner, new commissioner mr. Blindman, good to see what there. We are here tonight to get a afterhours license is it onto the appeal we that these guys about since 2000 virginia theres been appeal we at that location. However, at least two decades going backwards. In terms of the hours, this 6 am stuff we maybe we use it once a year. In terms of 4 am, my clients have thought about this for a wild but the only reason they are asking for extended hours because some djs refuse to play the club because they like to play late and because they dont have that it doesnt allow them to do that. Actually, to run that club with the security they have its for a costly. Theyre not selling drinks. Theyre not going to get that many door charges after 2 am so i think david will speak a little bit to that, but i think basically do not conceal a lot of afterhours. Except, and i think theres two issues that i would like to address in terms of how this helps the city having afterhours license at one of themive seen this a lot over the yearsif you have everybody dancing in 112 db in your grabbing a drink seven handset five of 2 am and showing them out the door they all hit the streets at the same time. [inaudible] paradise its the street that what you have is chaos. You have everybody for spielberg taxi but i did years ago for the [inaudible] bigger afterhours license to that complaints from condos three stories up and what you see is after 2 am as you turn the music down a little bit though drink until 3m you have a craziness out in the street. So that is one reason i think it would be good for the city to allow this afterhours. The other issue is, on any given weekend there are twobetween two 310 afterhours clubs. Some of them ive heard about are scary because one exit with 500 people. A wooden building. Allowing this to remain open will alleviate some of those people going to illegal afterhours clubs. I think that will keep the city a little safer. Would like to address right now, top of the list, two citations given to the club. One in november 5. It was a door violation of 1145 open door. We have no excuse for it. Were working with the security staff between 1112 is when everyone comes into the venue. The doors open a lot. It is ourwe keep that were close. We are looking occurrence sound curtains, something, to stop that problem from happening it did happen. We take it seriously. Stokley to happen again. The other complaint was on 128 2017. We have an internal rating of 115 db. This was shown at 116. 5. Invariants. What we did about that we set the limit take it down about five dvds. Its less likely to happen. The problem is all musicsome music is low but softer than others and so we just decide to lower Little Sisters to keep that from happening. I would like to discussprior to that, audios nationally and internationally recognized. This is a canadian magazine and website. The guys talked about us is one of the best venues hes ever been to. Sound is amazing. I also give you some stuff which talks about the San Francisco chronicle [inaudible] audio is the San Francisco altar. I was in the best sound system in the state of california and probably the west. At the bottom of that, little handout. Function one is one of the bestknown companies in the world. They are going to use this particular venue to introduce their new 3d surround system. Its going to be amazing. Theyre not close down a month or two within the new system and add more soundproofing when they do. I wasi did the permits in the abc on this in 2014. At that point that contractor eli spear who was a part of. Ive watched specifically what they did and i knew about that i think was transmission theater it was then studio z. The palms they were having a set, look, fox within a box. With air in the middle. What they did was sound resilientresilient sound isolation clips hung from the joists isolating sound from the joists. With three layers of 5 inch rock with some grated glue stuck between him and the choices that go with 80 pounds of mineral wool insulation and mass loading by. The walls are cement block covered with choices filled with wool and covered with another couple flavors of 5 inch sheet rock and also glue. At the time, all windows were covered with two layers of sheet rock. David can speak to that if you have some questions more about the sound. I was at divisional sound testing this was the loudest thing was the llama song ive ever. I do run out of the room. They were testing it out about 122 db and the blood 10,000 worth of speakers. One of our former sound engineers. Again, this is a principally entertainment and extend hours as a principally permitted use on 11th st. Its also historic use. I can go back into the 80s with afterhours clubs a lot of housing came later and it is a mixeduse neighborhood. With better support our neighbors we asked our neighbors to support us and you know, that being said, the Planning Commission has dictated this would [inaudible] entertainment. On the outreach, we did quite a bit about reach specifically in 1 march we had a neighbor meeting. We went and summer i have here a picture but we put notices on all holes could we put them under the neighbors doors. That particular meeting, tony asked him and came to that meeting that we had a good good discussion. They complained however that wasnt enough neighborhood notice. I talk to my clients and we decided to continue another two weeks have another neighborhood meeting could we put again the notices on their door upon the polls and we at that particular meeting on march 8, nobody came. One of the complaints from across the street [inaudible] venturer shall speak to it, but David Brinkley spoke to her at length prior to that first meeting and she indicated she could not make it the meeting. We also spoke with alliance for better district 6 which is mike nolte and he is not having a hearing or having a Group Meeting until next month so we could not present to that. Lastly, we applied for in the past a proximately fiveimagine speak to this i guessi dont know the number weve had afterhours one night afterhours permits at this location. As far as i know, this number been one sound complaint never been one please report, nothing. So we sort of proven ourselves that we can do it and we kind of like this because 480 a pop it something that is little better for us to get a permanent license. If you have any questions, anderson, david are here to discuss anything you have and we would request a conditional grant permit. Great. Thank you. Commissioners, questions for the applicant . Amine, audio since you took over and soundproofed to me it seems to be but he contained. Although theres extra neighbors letter pressure on the street. The only thing i been when i walk on that sidewalk its own narrow. You got people the ip on one side and mass. The extended hours is good because again, it will let people leak out. Usually, once the liquors done anyway people will stay for a little bit have water and go. They probably have a lot less impact but with the neighbors as well. Im just curious ifare you doing anything extra security in the outside so that the neighbors dont get impacted or walkin. With walking in the street just by walking by your place. Is there a new strategies . Im David Brinkley by the way. Since we met with tony and stillman and also i spoke to kelly on the phone, at some point we had an additional security outside to help keep peoples voices down, keep the lines more orderly like you stated its a narrow sidewalk and also kind of its ethical because review of how soon next to us and we can welcome also about liquor store. We can clock in front of them still align ashley goes around a couple different businesses. It is difficult to contain. It is difficult with people smoking we have too some way down the street. Its also difficult to help them keep their voices that we do of security going down there and addressing that problem. I mean theres not much you can do other than adding next to people but i dont really have any complaints about the baby just every time i walk its always blocked. But in moves. How well or how much do you cordon eight with other venues on the block around . But its mine management, noise, really just sort of talk about how to Work Together . Is a much happening right now . Not right now, no. So i think youre obviously the subject today but i think 11 street is really going to be continue to be a place where a nightlife grows and ray are exciting to see more people in more venues come to talk to us about extended our permits good which is fine but we want to manage that with not only the neighbors here today but also everyone that is going to be built in that neighborhood a decade from now. So this is not just a message to you all but i think its about every venue on that lock. Those two blocks. To come together and figure out a plan about how are you doing with the cars, how are you doing with the streetlevel noise. Those people are there. Theyre having a good time and i think you guys were run a great operation, but i think theres its about coming together as a Nightlife Community on that block. So thats just a comment not about this particular application but actually something i think you guys take some leadership in. Commissioner frost i like to second the commissioner tan said. Im pretty sure our staff would be able to. 8 million while the club owners down the because the different people are walking down the street getting different direction from the Security Guard then it gets kind of confusing but if you guys all come together, with that plan so wherever they go there being told the same thing, it kind of helps. You did talk about him have it complained about open door. He talked about having curtains or some type of soundproofing they looking to attack london with thats going to be installed . One thing we started doing is we audio is located on the second floor swear that outdoor indoor and also up the staircases and out the door. Thats it going to argue with impunity Network Close could i think thats helped a lot and instead of having a base have shoot down almost like the [inaudible] and fire up to the door. I think thats re made a big difference. But we are also planning onwhen we do the remodel we are also adding and 100 foot 5 ft. 2 of bass traps around the tarp which it helped absorb base of that should help then, also redoing the the upgrades were also to get on the roof and see if theres [inaudible] i think there may be a limit leakage were we have skylights and maybe some other areas in the ceiling and stored lighting and you go through the drywall [inaudible] so we also hired acoustics engineer out of your to ran some tests as well. So were in the process of running those good thank you. Commissioner caminong hung upon commissioner frost michigan im sure you have the meetings with the other owners in that street. Can you instruct your security not to just move people along on the street to make sure theyre told to keep their voices down . I know you, you mentioned about the move on but what could happen it can move along but there can be a nuisance to the next lot. Absolutely. We have chattedthere was a meeting a couple months ago that the Entertainment Department put together with all the other bar owners and we were there. There actually was a productive meeting and a good first step in getting us all all on the same page and halcyon is our neighbor. Someone we are in touch with. I think to davids point, we could certainly be more proactive in establishing a street wide kind of policy but its not that we are totally isolated in a box not talking to our neighbors not trying to figure out solutions were to get people to minimize their impact on the neighborhood. So we are with you there and it there has been some work on it and its continuing to move in the right direction. I commend the Entertainment Department for putting that together it was actually great meeting. So thank you. I want to comment on that, too. Second question. Because familiar with the conditions from the Police Department . Yes on number six permit holder will monitor the sound coming from the venue during hours of operation to ensure they can control the sound coming from their venue. So what is your strategy make sure youre in compliance with that . Well, we have a sound meter in the [inaudible] you can have someone doing it all night but something we do relatively check especially to we spent this too loud or if we have any complaints. [inaudible] all night long . All night long, yes. Was the procedure of summoned us complain and someone could you call answers hey i can hear this my bedroom . Normally if im not thereif under obviously all handle it. All text the manager and make sure the doors are closed make sure they turned on the musical little bits. Because what happens often, too, when the system is set up at 1 where we allowed to be, when the club does the now, it tends to be more problems because the base is more public gets rpms or by customers bodies. So often its early and even with djs turned up too loud or late at night so its really sort of just keeping the volume adjusted and also if theres complaints on okellys complained about people being loud outside the venue. So just sort of making sure the managers reiterate to our policy with the security and they do ask people to give their voices down while exiting or while smoking. Commissioner byman on make a few points and then just see the guys were open to new ideas. So i think having attended many meetings and having sat here for to now come i think theres a lot of venues that claim to be way too Cultural Assets in San Francisco. And i do want to get because credit. Id personally i think you are one of those Cultural Assets. I think part of it is the sound system. Its incredible. Part of it also is how youve set up the establishment around it. Specifically the soundproofing the stuff youveyou compare this to other venues that weve heard the steps theyve taken are significantly can you talk what the for our reverse of the honda right . So in my mind, ive always kind of considered audio to be one of the responsible actors in that area. The issue work and see Going Forward his the people maybe a little less responsible than you are going to be causing issues and then those issues are then going to lead onto your ability to function. I think with some neighbors here who are specifically underweight and bothered by circumstances that you have very little control over personal but now you are the ones were going to that we are sitting here and we need to listen to them and give them [inaudible] so the question i really have is, it does seem like a responsible action to take to get better organized as the neighborhoods there. And as responsible actors, as the people doing things right and that the most frankly to lose, would you be willing to take nonassertive forefront what a leadership role in that organizing could i just would just ask you what kind of role would you take in that . Absolutely. Ill be glad to do that. I think i can also quit of experience with some clothing so i can think i can add a lot of value. Thats, my passion so its my biggest passion. Five years biggest passion is soundproofing . No, no [inaudible] i want to that on the record. I really like acoustics and david a lot about that. Okay. Noted. Which is why we did a good job in the commuters i knew how and what to do. You sort of spoke to the soul of it earlier but i want you to be able to highlight, and youre having a 3d surround system slice assume you can produce more sound vibration etc. Sounds great cant wait to party there but how are you sort of conversely attending attenuating a noise that additional is coming from your speakers . We are replacing the whole sound systems were actually there be more sound but doesnt need it be allowed. Of the new just run rather than running 50 of the building it was 1015 so be very very clean. When the goal really is to have here the sound in the world for small club so i dont think its necessary bigger issue the other thing were adding, two in the documents given were adding [inaudible] of vibrating dance floor which has transducers located underneath. This fabric in london which is regarded as less underground club has that same system. It allows to effectively to a less space on the dance floor because its kind of like you probably see them have them for Home Entertainment called by pickers were never, if you have neighbors underneath you you dont have to uses of water but you still get base. Thats another thing were adding. It should allow us to lower the base in the room. Thats really interesting i cant wait to see how that actually works. The question i have is about your after hours programming. Are you planning how many which nights and until what time in the evening are you talking about or Early Morning quick peek at the time of going to 8 am, noon . No. The only reason for doing this is just we have do be dj love these guys are prima donnas. They want to play more, used a plane and others to get the user plane in San Francisco until 4 am to much dark letters sometimes we cant abundance because they can play till four. Really i think mark reference a Business Model we dont really want the latenight crowd. We dont want this exam crowd. We want to people to spend money at the bar frankly. I would imagine maybe use this oneto dump some of the probably would not be until four and get imagine most people be done by i mentioned 3 am because a crowd is somewhat different than somebody other venues actually, chris was our entertainment director can speak to that if you like. Be sure. I think one of the things we consider is how activated this permit is going to be used. Im not suggesting a condition under hours or days, but i think its helpful for the public to know. You have full rights to do it seven days a week if you want once you get the permit without that type of condition. But should we at some later point in time, hopefully not need to address that and im curious what your vision is at this point. All give you an example to another venue in union square and the way with 3m license on ellen and i never use it. I use it occasionally but i typically dont offer it that way. I would say really, krista does the booking could speak want to but i think once we can probably very rarely actually until 4 am. Holy more likely until three. For us is to have some option audi because we will get in different acts and some does the styles to play a lot later. But most of the guys its in our best interest to close earlier and we dont have to change our Business Model. So this is really just to give us more flexibility could this night is going really great. With posted at 2303 am tonight but people trickle out. Not create a problem or theres a certain dj that we know he loves to play until 4 am. Now we dont have to go get a special permit for. So just to allow us to live the more flexibility but its not something that is like a new shift in our Business Model were we really expect to make money or be open every weekend. Thats not our brand and not what we are going for. Can you come up to the microphone . Hello. Chrisentertainment director. I am there every single weekend friday and saturdays could with my brother peter. Most of the time will we notice is that i would say, everyone is pretty much done by 2 am. There some people that want to save it later. We definitely do not want to advertise put out and push now were open till 4 am. Stop on our planet all for the marketing or anything like that. We just want of a smooth transition toward the end of the night slowly, the night rather than matching you having fun and some major shines light in your eyes and say, hey everyone made it we want to get smooth for everyone in nice and easy transition and like i said, david can elaborate on the specifically but its pretty rare that anyone wants to stay all the way until 4 am in this handful of djs that definitely will play past two if we get the permits because they prefer it and at the end of the day would just want to be able to be competitive in the market it is a lot of other venues that have the rights to play to that time and we just want to be in that conversation to be the best club in the world. Thats where goal is. Thank good thank you for explaining that. Commissioner perez did you say this will change Transit Connect with the neighbors and address their concerns . Yes we had a meeting with tony and stillman and also i spoke for probably 30 min. , 35 min. With kelly ellis on the phone because she could not attend the meeting. There received one other concern that was more about [inaudible] from the area for another area think his name is mike. Thank you. Commissioner thomas i realize that [inaudible] is not your this can be simply lower from these other conversations weve been having with other clubs youre coming to us in the context of having a conversation with unhappy neighbors happy club owners and so on. So i would encourage you to go even further out of your way to engage with the neighbors and consider them how to plan for solution as opposed to a problem. If the club owner are getting together to come up with a coordinated approach, that you include the neighbors in that we want to see you succeed we want to see all the business all the entertainment businesses in the neighborhood succeed but that is not evidence can be hard for us to help you succeed if the neighbors are continuing to be kept awake all night. So couple of things that have come up in these conversations around your the club next door to you is different sense of what the normal ambient sound should be after 2 am. It is one thing between 10 pm and 2 am and its another thing between 2 am and 6 am and so trying to be mindful of whether turning the volume down for those halfhour or hour as you getting people out but otherwise being mindful of containing the noise even more so after 2 am. Along those lines, you are here asking for us for unlimited afterhours permit but youre also specifying that youre only interested in using it friday, saturday and holidays. From 24. Would you, afterhours permit that was limited to 4 pm on weekends and holidays or Something Like that. Suit your needs in terms of what youre trying to do . Im just time to put options on the table. I might try to limit you. Before they respond i do also want to say, the Police Permit officer felt comfortable with this been conditioned not by hours and days. So i think we are just exploring this option, across the board. Like i said earlier were looking at levin street and think about the nexus of nightlife there and afterhours. So feel free to answer the question but also no has gone under some review and at least from the polices perspective in terms of your hours. Sure. , yes but i would not really want to go that route just yet that were only limited to weekends because we have an alternative model but we are doing this because we want some flexibility and once a blue moon we get a great dj on a thursday. Then, this whole exercise that weve gone through were still going overthecounter after our permits the which cost us a lot of money. So we prefer not to go that route and thats why we spend what we spend in soundproofing and further making further moves to kind of reduce the noise and work with the neighbors and i think thats the route we prefer to take. So excepting the responsibly that if theres issues afterhours, that we can bring me back here to limit your hours of operation right . If were creating noise we have to accept responsibility for right . Arete any other thoughts or questions from commissioners . Commissioner caminong i just will make a comment if you get this license i hope our stuff can actually check out the people out process. Just in terms of the clubs in the area just to see what it looks like when people [inaudible] and just see what its like in terms of the traffic flow of your attendees. Personally, speaking from experience ive had both matches walking after 2 am. They all do sort of pour out dna lounge i think has extended hours. Theyre able to keep people there a little longer eating pizza. A lot of people cluster around the creek place. But, yes, think for some patrons, it is about myself and friends that have gone on drinks taken away right at 1 55 am and depart in the mode so i get what youre saying about a softer closing. But i think, yes our stuff that absolutely look into that more because as we start providing policy and think about conditions in hours one of the most information that we can have. Well, based on experience, trickling out once the alcohol is done and other things picked up before 2 am, people start to leave anyway. So the biggest thing about it is you have 500 people going out at 2 am and create a lot of noise and uber and Everything Else which im sure that the neighbors [inaudible] could extend hours is always a tough thing but its always about safety thing. For the industry and whether its 34 but alisa gives him the opportunity to get out without pushing everybody out at 500 people 11 street its bad. All right. I dont see any more comments from the commissioners. She does have a seat on open this up to Public Comment. Thank you very much. Is there Public Comment on this . I dont have any speed cards but youre welcome to come. The closest residential neighbors to audio ripping directly behind them. I like to ask the commission to postpone any further after our permits on 11 street until we can solve our Current Situation with halcion. If we allow audio to operate afterhours we grade the same situation of having multiple owners pointing fingers at each other on noise complaints and create more difficulty for staff to identify the sources down because thats whats happening now. We would love 11 street has to operate our city but we also knowledge needs a little help in regards to how it operates. Instead of rewarding existing businesses with extended operating permits, the operators of this committee should focus on how they live up to the Good Neighbor policy collectively instead of doing more of the same. Also, to give you a concept of how close residential neighbors are to hotel [inaudible] open aerial map that shows clear sight lines between our buildings. Lastly, pass on the audio would open items only venue open at this time and was significant sound coming through to my home. In the future committee entertain commission should verify these venues are completely soundproof for issuing permits as weve seen before and talked about wanting to use the latest technology is not enough. It would be great to consider the permit after their sound renovation and installation of their sound system. Thank you very much. Next person, come on up. Hello. My name is [inaudible] there 2. 01 to make it i think the first point is this a few conversations are happening tonight about mention about how one reason how to address the after our permits or how to address the crowd issue after 2 am. What ive also been exposed to and also experience, is that some clubs and also po we were able to shut down like 30 min. Before the actual 2 am mark to actually give and provide time for the crowd to funnel out so that something to call out. I think the other point is just echoing what tony had just mention is that i can feel confident at this time that we want to provide the afterhours permit to audio because of the Current Issues that we are experiencing with halcion. However, if the commissioners do plan on issuing the permit, we ask that audio have a thirdparty agency sound agency to ensure the building is indeed, soundproof before the permit is issued. Hello again. So i live across the street from audio. On behalf of our [inaudible] we are requesting that the permit not be granted at this time for two primary reasons. The first reason is that as we learned with halcion, one primary issue for afterhours is that decibel limits are set based on the him and noise and theres a lot of cars and i get since afterhours can continue into Early Morning, thats 1 min. Word is much quieter and we believe its imperative for some limits during those hours to be set differently. Even with the existing limits we have been having problems with audio noises escaping during normal operating hours. From my point of view on 11 street, the primary reason is lack of diligence keeping doors close. When doors are open the music escapes at full volume and its a very very common occurrence and i sent over 50 Text Messages over to audio management to ask them to close their door. Even when they close we are based coming to the homes. Just this past sunday when audio assume the club open in the vicinity both tony and myself and them i contacted both shauna dated to complain about base between 11 pm and 1 am. The second reason that we dont believe that we dont believe any better news showed the permits extended further. The not currently Good Neighbor guidelines. Audio doesnt [inaudible] that no signs or notices urging patrons to be quiet. They dont follow guideline to, either. Urging patrons to leave quietly or having severed them in the past have asked them to do that and i was told that its not their responsibility what people do once they leave audio. The guidelines are not following our number three, the dump trash outside the venting. Number seven, is a party mention given the doors close. The break, outdoor noise. Violating municipal code section 49, number nine, insuring patrons [inaudible] of the vicinity and number 10, seeking measures to include sidewalk and providing extra security in fact they put up [inaudible] to shelter the crowd so theyre walking the sidewalk. Your time is up, man. Thank you. Is there any additional Public Comment . Hello. Minutes and two manager at audio. I just make a few comments. First, my first week i met with mr. Burkett and id vowed never to see them again. Apparently our door was open [inaudible] i know idea but the rules in a pursuit that we try to comply. It is like to apologize this past week and a floor manager was awake i filled in form. So if theres any leaks i sincerely apologize to those i do my best. Since ive started we do grease weber especially on security in order to not only keep the place safer because we have received some complaints from within. In regards to noise but also took speed of the process make sure we have so many floating up and not get weve also got as an additional project persons we can speed up the line because a lot we can the people and because theres a line from kojak always out just this weekend when it was too loud, mike. One is master volume button which i gained down because the djs was playing and redlining. We have a very very professional technician who does lighting and sound new learning through tax sometimes that this person was playing too loud. So i went ahead and ink that down. Thus with David Brinkley show up right away to make sure we have that resolved. We have also done a great deal to make sure that the patrons outsidei found that typically is big is the reason for noise of the outside have also found one random thought here is that im not sure where these people are operating legally or not the hotdog carts that are out there people tend to same groups and clusters will pass the hours im not sure the legality behind but i want to bring that to your attention that those two cause people to say when they should be leaving right outside the venue. Thank you. Thank you. Other anymore Public Comment . Seeing none, Public Comment is closed. [gavel] commissioners, we have a permit to decide on. It looks like director caminong has a common point of order. The commission as they consider this and direct staff to doi guess a new sound has been if we have a new sound system we should be doing on owls a new sound test is think that way go directly to some of the concerns. I dont know the timing of all that. I dont know exactly how long this will take to finish from conditional to prevent but its something to consider because we give them a rating at the sound level with the system they have now. So we are going to have to start over. Mr. Brinkley could you come up again . I know you mentioned you be closed for a period of time while you do the renovations. When do you expecthasnt even started yet what is the timeline . We start on april 10 we should be done by april 28. So about two weeks theres no programming at the time . [inaudible] will be open audio will be close do you have a start date like initial date you plan on having an afterhours event or extended hours event . I dont think wei dont equip anything on the books that i can think of right now. There were going to stay open later for. Maybe one thing out in [inaudible off mic] maybe something in midmay we will be open. Thank you. Director kane your putting the sound system and as part of the renovation . Yes we are because we will have to amend the the sound system before to his after two right . Is the same sound system, yes. Maybe to do that beforebefore you open on the 3d is that a surroundsound or is it all facing the direction . What is right now we have a fourpoint system on the floor which is essentially stereo. Its going to be a sevenpoint sub system with a Center Channel speaker and then go before speakers overhead up high in the raised area in the ceiling thats basically it is the moxie and focusing in the center . What is their software the waiter interferes music and you can assign the sale voice and violin and bass, if the system will break down and turn those in into individual sound stems that camino drawn the room see you can take all the vocals and have them come out you come over your head the high had spent on the room. Theres also the software also do you doesnt want to do that preset that will predetermine how its going to move the sound around his kind of groundbreaking Technology Just saying if you keep it in the center, instead of focusing and bleeding through the roof [crosstalking off mic] is all focused of the center of the room. Nothing really should change from the sound perspective because we still have to keep our same internal 115 db but but if the narcissism is working better, you should be more efficient at that or lower right . The other thing rocks are doing were going to go out some of the soundproofing. Pull out some of the absorbance of the [inaudible] because that means with a turn our system of higher. Not to get to 10 ago but rather than absorbed assign diffuse the sound should help us lower our sound level. Again, david we will start from scratch. So that 115 might change. Know that. Really, okay we have to start over. Okay. Thats fine. The baseline might be different of ambient and i think the measurements are going to be adjusted to what the current settings are. Yes in my mind i dont think will change because soundproofing should be sung or better you still working skylights im working on closing the summer. We use those in the beginning we had some sunny day parties could we have and use the minute youre so if it were not close those up. I think thats some leakage. Other leakage with hvac system so were going to you get leakage from hvac you get leakage from the roof. Normally those [inaudible] much insulation and for sure, skylights. The plastic or removable will go right through. So i think youre going to have to get a new sound check anyway. Okay, thats fine commissioners, im happy to entertain a motion . Audio has deftly made the case for attenuation that they will do to the new sound system. I think we want to treat every business as an independent business. Just because the neighbors with someone that may not be operating as well this mean have to take the brunt of sort of the issues that surround them. So, yes i would recommend that we support this understanding that theres going to be a new sound test done new limits that possibly the same limits. Can i ask, ring something out. If you did an extended hours until 4 am, and did 12 6 am zane a year, you think that wouldthen try and see if everything works about anything always come back and try to get the [inaudible] if youre saying youre not using it all the time, i mean we wont be using it all the time im just saying 12 6 am licenses would be excessive for us. But i mean that just once a month or however. I dont see us doing that. Maybe [inaudible] im just saying if we make up our the permit and the neighbors will know its not until 6 am every week in. What are you proposing equip im just suggesting if you did 4 am extended hours and i do whatever you want to do is 12 6 am to at think one of the things to consider is the capacity for our staff to enforce things that we are very limited in with tucson inspectors for the entire city. The more we condition things to say between these hours in this horrendous its been done before is absolutely done before. Im not saying it shouldnt be done but if we are saying your 12 permits for 6 am every year our ability to check off the box and say number 13 is can be limited. So i dont think its a bad idea but i think we just have to be real about what we can do and how heavyhanded we are. Director kane we have done in the past and requiring notice from the venue makes that enforcement tenable. Also, then they allow us to notice neighbors notice mumphrey at the box activity potentially we could do it but it has to go hand in hand like a requirement to notice Entertainment Commission with a least a week or something that we can work with. Sure. Yes youve got to give notice and another thing i want to bring up is said to have a general manager and a entertainment director thats their they should be having the sound meter in their pants. She holding it the whole time. Really thats not practical because our the job of the entertainment director is to be hosting the dj and [inaudible] hosting and the general manager [inaudible] okay. Im just saying other places have their own sound guys. You guys can proceed because all the talking has been done. Now the talking is amongst the commission. Canvas one clarifying question to our inspector . I dont recall we get reports all the time from you about audio not just but im saying around well get reports all the about some complaints and also just like sound when not in compliance. I dont recall outside of this opendoor issue very many if any complaints coming from audio to do you have a sense of how many they had in the last year . So [inaudible] notice of violation by absorbing all of those from december 5. We did receive a complaint on december 8 about sound was audible across 11th st. Specifically about audio. It was the administrative citation mentioned by mr. Rennie goes from january 28. That was for them being in excess of the internal sound limit. As ms. Ellis mention, this past weekend, i had to confirm it was a complaint directly to mr. Brinkley and i did receive a copy on that text as well about a door being opened. This is sunday late pardon me sunday 10 45 pm and we did get a complaint monday this past monday at 1215 from across north italic. Was there anything prior to our two november within a years time frame . That i would have to look back at records. Thank you for china. All right commissioners, i think we have enough information to act. I giving you my opinion about what we should do but i think maybe additional conditions that you may want to place on these were times. Again, i think whether it is audio or just a new and you come into us we generally try to give the benefit of the doubt and audio has been operating for many years. It has not been that [inaudible] in my opinion. I think theyre coming to us to get promoted for something they are allowed to do i think we can say how much they can do. Theres a strong opinion about conditioning it to limit any particular way im concerned about the area myself. Youre not a bad kid on the block but [inaudible] itemized 45 different complaints. So im kind of concerned about the area in general especially the accumulation of noise the next door neighbor. We are considering this permit on its own merits we have to think about the whole neighborhood. You also left understand this is an entertainment zone. 11 street it was protected somewhat. There are some challenges of living on that street but theres a reason why that was passed and they are acting somewhat responsible to address these problems but we dont want to add to it and we also understand with the neighbor situation, two, im thinking more that going after some proof that one of the new system big happy new sound check. So most like starting over. I wonder if we can do like a fourmonth trial period so that we can have these gauge their performance before we can give them the full oneyear permit yes we can do that. We have done that in the past as well. Kind of gone with the applicant said. Are only graduate every so often. I dont then at least the commission [inaudible] they dont get sometimes we get complaints that its not the venue is not even open. At least theres a monitoring going on. 12 6 ams and capt. At 4 am because its reallyi mean ive been at the crowd and the crowd is usually the alcohol. So 330 probably would be spies of anybody is still there but again, slowly her at 6 am heather reviewed 04 months . I feel like its [inaudible] theyre allowed to do this. Theyre asking for something thats allowed them to do. Theyve acted in good faith. Not a bad actor. So im okay with taking them at their word and im okay with it. I think adjustments should be use for condition should be used when somebodys greeted with skepticism when youre greeting somebody that has for the most part acted in good faith, then that needs to be taken into account as well. If not then what else do we have . Is permitted right . Commissioner frost i do a problem with us not being able to differentiate the problem is in the area. If we have two, three, five clubs, and we are all doing this and the residence are frustrated they keep coming to us and saying, okay, i cant figure out which club it is but one of them is doing it. And of our job to find out which club is doing it then rectify the situation for the rest. Have a hard timethey can plan somebody us could even though it sounds like these guys got the top of the line soundproofing in everything, but that doesnt make it fair for the club down the block to say maybe it is them. What happens if it isnt them . Then theyre holding up what they have to do in order to continue to do business could im just thinking out loud. Its their job to find out who the problem is on the block it is our job to find out whos problem is on the block thats always good to be an issue in an entertainment zone. With limited resources, but its our job to uphold the charge in my view its one of the premier parts of california to go into entertainment literally. I think we were talking about this to nightclubs right next door to each other absolutely by be tricky if youre standing right next to them to say is that louder or is that louder . I dont know if our staff has an opinion but i think we are taught for two very different buildings that have different bones and defend wall street so when try to do is use evidence for how may people complained and actually Lodge Complaints with halcion versus audio and how could we treat audio like audio rather than treat her like halcion. There areits not a day have had no complaints. Some like any of our other no complaints there is always someone a little irked every now and then. But i think in this case, we are talking about two different facilities and venues and operators and i would prefer for us to look at them on their own merits versus neighborhood wide issue which i think we need to address, two. How this semester with a time or place to do that but i want to do a motion. Again, you then have to do a new sound check so i have a motion to give them a 4 am give them 12 6 ams with no notice to the commission when they will do so good they have to resoundproof but theyll gone have to pass the sound inspectors level on the inside and of course you still have to do the Good Neighbor policy to the letter, two phone calls directly. I dont know of phone calls or texting are better but emails. Sometimes you dont get it to the next day. So its up to the venue to monitor the sound could be Good Neighbors. Thats my motion. So you move to approve the permit conditioning the hours until owning until 4 am with the exception of 6 am for 12 times year is that correct . Yes in addition to the conditions. I know that commissioner perez had sort of thrown out sort of tampering nature of this versus a permanent is your motion include any time limit to review four months . What you think, four months . Amino have to go through the new sound check. That sort of a avenue have to pass that in order to yes i mean, fourmonth. If they can do it in the first three months, guess [inaudible] so just be clear are you adding that to the condition or are you saying, no lectures women two hours. Towing the process of place for them to come back if theyre not acting . I understand the need. Understand the owner aye but i feel like [inaudible] this particular street is already problematic. And there is a process is the short answer. So we dowe have allowed for our staff to administratively laying a condition after a set period of time if they have behaved without any problems. Or to come back to commission as a whole. Im not entirely clear how we are to proceed with this. I think we been down this road before with respect to some permit. That doesnt really exist. I think that you couldyou can direct staff and or you can request that the applicant come back and we are happy to prepare whatever information we need to prepare how its been going but to put a condition on a permit related to some sort Expiration Date is very problematic. It doesnt really make sense for me. Its going to its two time constrictive since it permanent permit so we will put that on the permit self condition make you more of an internal memo to staff to review this whole thing and give us a report in four months. How is that . Great. Okay, to restate your motion, there is a second yet but just so its clear, thats a motion to approve the permit for extended hours permit with police condition in addition to limiting hours until 4 am with the exception of 12 times per year allowing them to go to 6 am and then we would like to get reports on how things are going in four months. Is there a second to that motion . Second. Moved and seconded. Called the molex frost aye lee aye perez aye thomas aye caminong aye perez aye tan aye the motion has been dominant urge the neighbors i know that there are tools you have partly to come here early to continue to complain but should it arise hopefully you can swap telephone numbers and that everything right now but should it come to attention again, just know we are looking very closely at 11 street trying to figure out how to not to penalize anyone accurate and that they actually need to be penalized. Thank you. Watch those complaints because we do keep track. We will move on to we one more permit. Thanks for waiting patiently in the wings. Then against wake. Our second and final permit application for this evening so limited life performance permit for finnegans wake. Located in cold valley. Then against wake is a bar its been there for quite a long time to the currently has active billiard parlor and music device permits from us. Their plan entertainment will mostly be live bands thing mostly acoustic music. There look at doing a two nights per week. The nights they plan to do this will vary but they do not have the flexibly to have that entertainment until 10 pm daily. I have received 110 the signatures of support could as well as a letter support of from the cold Valley Improvement Association with stipulations that the bar and live music by 10 pm which of course they will by way of this permit and that the entertainment be restricted to the indoor area touches the plan. And that the music cannot be heard in nearby residential units. We did also receive one letter of protest and youll see this in the packet. You should take a look at that. It seems against three pages long. And i have shared that with the applicant. They are aware of some things within that letter they can actually refute. Park station approve this permits and recommends the Good Neighbor policy as well as a sound abatement test be performed by our sound inspector. So here to tell you a little more is the owner, tom frankel and dan. Hello. Well we are we been around for long time. Is my 41st year in the bar business and San Francisco. I started in 1976. Weve been existing for a long time. This location uncle street since 1989. We are i would say we are historic ice on them and 77. Its a long time. Believe everything has pretty much said everything i was going to say. I wrote the petition and just handed it to our patrons and neighbors. My count was 109 11 110. Big deal. Theres a cold valley Facebook Page and was put on that trip were 84 im sorry i give you my own writing 85 likes. Seven hearts if everybodys money with facebook and no nobody not in favor no angry faces could faces. Excuse me its way past my bedtime. We have reach out to whole Valley Improvement Association which we are current member. And the letter reflects what we intend to do. We just want to have a small acoustic band occasionally could we have ashley dont have a plans and thats about it. I dont think a be any more impact on the neighborhood than we already are. Ill be more than happy to entertain any questions. No pun intended this is the place to entertain questions isnt . It is we will and on that commissioners any questions . I like to point out one thing. Theres not really any implied committees about a little guitar with a was little guitar amplifiers but no bigtime. 20 small potatoes. You are allowed amplified with this. Thats the point actually. Okay. Ive never done this before. But yes, youre allowed with our last permit we dont like it if we can at all [inaudible] we been in the neighborhood is been a bar for over 15 maybe 60 or good i dont even know we were the first lesbian bar and [inaudible] excuse me just getting over this cold my voice is shot. But i bought it in 89. Were not a problem in the neighborhood never have been an surly dont intend to be. I dont think this is not going to escalate our use of the promise at all. Itll just make sunday monday nights seven10 pm Something Like that great. Commissioner thomas oddly had something to say . Just that there is one letter of complaint that documents sounds like a long history of complaints it sound like you had some rebuttal to those yes my partner, dan and he is going to address them since my voice is shot. Hello. So yes, we do have one letter of dissent. Ian mcdowell. My understanding the general investigate because the bar is been there for so long and had a problem with the neighbors as you might all know if you been to finnegans with the back patio. People use back patio wouldnt have problems all these years. My understanding is relatively new to the neighborhood. I checked with the business and because it is a Business District in cold valley and is complaining to all of them. So what we have gotten is this letter was submitted into centor application. A lot of the stuff is not true for is not even relevant good im not going to address the overly large performancebased because we understand the rules. That was his first point. The zoning intention we have in the packet a believe the zoning permit addresses the zoning so thats not an issue. We dont amplify music in the backyard with no speakers in the backyard. So essentially his calls and concerns are really just people being out there and we are aware that we dont disrupt cold out. Its very neighborhood in San Francisco we respect that. If anything went to enhance the neighborhood and make it more fun and enjoyable to the people to be there. So at 10 pm after listening to all this other stuff i feel like we are just [inaudible] like kids. Thats at least response i have. I want to present on the dissent are happy to answer any questions about the application. Thank you. Commissioner charlie are you able to shut the patio door at all . Ps the patio door is on a closer. To be more clear when you walk out the door automatically closes the was so when youre playing music you got the door closed correct. Was noticing his complaints are always around 11 pm. Its kind of strange but Something Different at 11 pm . I believe that might be his bedtime. Im not sure. I like to point out one thing that the backyard ensure everybody seemed the window. Its like when i was backyard to big rectangle sound bounces off everything can or not the only people make noise out there. Theres also some apartments and those other businesses and understand hes complained to other people. What happens once you get the permit it becomes we are your baby sitter sort of. Well its ever been my intention to be a bad actor. Im happy to gun 41 years with having a real job. Thank you. Does mr. Mcdowell have your number or the number directly to someone that he can call to complain and say, turn it down . Yes the cause hes referenced they come up to the bar and someone is outside mission be a Common People playing pingpong with his pingpong table out back so i think its always source is hearing the pingpong ball just alluded its bedtime and so we can we have not been along the zone but seen you guys complaints disrespectful in his log [inaudible] unresponsive. The buttons or did not answer the phone thats all i can think of. Okay. Is a thing called freedom of speech as well. If youre in the backyard talking is been disturbed, obviously dont have any speakers dr. No. Weve never had thats one of things i was going to say, on the second page, it prayed loud amplified music weve never done that thats an absolute fabrication. Im sorry winnifred entertainment and backyard except for people talking around in the back. Right. Commissioner caminong so the backyard. Pat is a big window in and out is a pleasing when this entertainment going on people go outside potentially at that point, when door is open, the sound could leak, correct teakwood that is to accept weve had a two box and tvs for ever and i doubt this live music is good news is a jukebox. So if what you say is true but its own existing issue with the jute box. I wonder if you consider doing a sound kerned just to minimize some of that . Theres a hallway to the backyard and i dont think that music from the jukeboxi spent a lot of time in the back at because of the way the speakers are facing internally about a 12 foot hallway to the backyard i dont think its an issue. I just really dont. I suddenly would be willing to investigate it. Right. I dont see any more questions or comments from commissioners could say you can have a seat. I dont see anyone out there for Public Comment. Any Public Comment . Public comment is closed to go commissioners happy to entertain a is there a motion . Spears like to make a motion to approve the permit second moved and seconded. With police condition with police conditions all right. Take a bow looks frost aye lee aye bierman aye thomas aye caminong aye perez aye tan aye the motion has. Congratulations. [inaudible off mic] [laughing] thank you very much. We have a few more things to go through today. Item number eight is the session and possible action regarding draft ordinance amendment. To the please code this is mine. I asked for this to be put on there again becauseand this is prior to commissioner bierman being here. He did a nice Powerpoint Presentation on this piece of legislation regarding some amendment to the police code relative to amplified sound and the resolution that conversation sort of was unfinished i guess i would say if your call. I know its kind of late and we could push this to april 4 but i do need a more formal action from the commission so that i can move forward for the sponsor potentially at the board of supervisors for this piece of legislation to start a legislative process for Mayors Office or however i proceed i cant do it without a formal action. So if youre exhausted anyone outside workers on april 4, its fine because its waited a long time as it is. Or, you could give me some i think we [inaudible] good question. Did anyone do that . Did you read you did here. Well i dont think i have read it. I personally do not have any reason to follow it. I didnt realize you needed a formal action. I do. Im happy to move that could i dont know of commissioners want to have a little more time. The task was to read it over over comments to our director if you have those. Weve couple months to do that now. I know sometimes we would need reminders but i think most of it was really really good thoughtful cleanup of our current code and try to give a little more tools to dealing with outdoor sound amplification. So just to clarify, does it also include the street performers getting the permits it does. Just a question. We need from us is a formal action to continue pursue this as is . Without any changes essentially proving this as is right. It obviously may change within the legislative process because again its not a piece of introduce legislation so theres ample time if for some reason the commission thought i missed this the first time to make changes to it i wasnt given it, i dont think because [inaudible] i figured i would love the opportunity to read it over between now and the fourth. Absolutely. Thats fine. Im fine either way. I just want to make sure we dont lose the ball here. Can you do a motion then, to continue this item until the next meeting . Yes i like a motion to continue this item until the next meeting great. second. They gave the looks same house, same call . Yes. You will move on to item number nine election of Vice President. This and was commissioners to nominate and elect the seat of Vice President of editing commission did not had a Vice President since commissioner joseph left the commission. Now we have a full commission here. I have spoken with commissioner thomas to see if she had interest and will be willing to step up in the role. The Previous Public Health representative, commissioneri forget his last name,anyway [inaudible] anyway my point is he was former vice chair before event that and its appropriate for Public Health rep to be on the think he played a leadership role actually invoicing questions and asking our applicants poignant things that i think having graded gives great capacity to run a meeting which is the main part was based chair does. So i would like to move to approve an nominate commissioner thomas as vice chair. Hopefully there is a second . Second. Great. Any further discussion . No . All right any Public Comment known in the public. Lets take a boat frost aye lee aye bonilla aye caminong aye perez aye tan aye. Congratulation. Thank you for stepping up into that role. Item number 10 is commissioner amundson question any final thoughts from commissioners . Commissioner frost just to director stopped anybody is summoned coming in for us to modify their existing permits, for a change of permit that we get a twoyear history on complaints that been filed. Speed is twoyear history combines thats a great idea. Thank you. Did halcyon password extension they did ask for a continuance. I know if you hear the beginning but we continue the item on the quest also mentioned that they have 60 days to actually make sound increments and abatements for [inaudible] from our first hearing. So i think it was march 7. Thank you we notify them of that . No. I dont know. I just emailed you guys this afternoon about it so probably not. So youve got to let him know that. Not just a planning decision. Its now youve got to get your soundproofing done in 60 days correct . What the code says it triggers another hearing and at that point we would sort of decide we think theyve done their part and done enough after the afterhours permits visibly [inaudible] for everything. Again theres numerous ways to bring someone was a complaint. This is just another one am happy to formally send her a notice relative to what you are talking about. Its a little cumbersome on the backend so im hoping she makes improvements so we dont have to wander into formal suspension territory in front of you. If we can do a lot administratively without that. Understood question. What happens if you just suspend their extended hours . Their specific criteria do we have to sort ofssay that they have not met and because otherwise they can appeal it and i think that triggers a whole process. Therefore its there for them to defend themselves if they feel like we have not been good to them it seems like all the problems with the afterhours if i could caution you guys its not on the agenda as a point of discussion. The conversation. Fair enough do is i the couple things, completed briefly discussed 11 street zone before him and i think i dont want to spend the next 3. 5 years listening to the same three neighbors come back here. And brian made the point was trying to bring that up as well that theyre going to have to take some action over there and i think i just want to volunteer myself to help with that if i can in any way. The date needs to be some organizing over there i agree with you because i dont want to the other thing i want to bring up really quickly that something and were discussing in the bar world a lot is there was a shooting march 17 on 19th and mission on 19th st. It was incorrectly reported [inaudible] and picked up by speed the outside of [inaudible] and implication was that the implication was that somebody from one side of the [inaudible] has been a partitioning or that they somehow been partitioning. The neighbors around [inaudible] mark was done a great job of organizing [inaudible] as well as [inaudible]. Forcefully push back against that the common section and the letters to the editor in the sf retracted that statement, which as far as i know, that its maybe a first for many and i know this is public i know theres nobody here but currently but just on record i want make the point that the news they need to separate themselves from these issues forcefully if they clearly had nothing to do with them because it puts us in a worse position puts them in a worse position with entertainment and worse position than i does work. I just want to go on record for that its kind of interesting that [inaudible] there some kind of something happening and on the other tv stations are not really covering. I dont know of [inaudible] doesnt like nightlife or whatever because is a mass of confusion unusually involved. So thats great that you point that out. I definitely agree with that because it is it stop some pretty good when please of entertainment is somehow connected to some type of violence it done the report theyve come to us and we do, i agree with you, ben, that we do have to get the industries or the places of entertainment if they are named after come out and defend themselves because down the line, when people do their research in three years to say how much violence is been around a bar therell go to get that first article, something came back against it going to include that was another one. Incorrectly. Bring up 11 street corridor of something happened there would have been the same. Name them all. So thats what some people are doing i think it all right. Commissioner caminong did you say form 10 [inaudible] 1070 . From 700, that is right. [inaudible] april 3 or maybe 1 april actually. They are due april 1. He was there you go. [crosstalking off mic] if youve done one like a newish, commissioners may not have to do it again. May have to call [inaudible] they are due. Another note, if you dont get them in on time they will start the be monetary fines. The adamant about that. Going online but the really keeping track of late filers. Thank you. Number comments from commissioners if theres no one in the public of the common is quoted we will go ahead and adjourned the night and adjourn this meeting. Thank you. [gavel] [adjournment] b was test. Good afternoon