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tv   [untitled]    April 29, 2011 2:30pm-3:00pm PDT

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you're responding to is have you met with any local neighborhood associations or other groups concerning your proposed group of the premise and the president of the organization says no. this appears directly above the declaration which you have seened here under which you declare under personality of perjury that the foregoing is complete and correct. i understand that constitutes cause to revoke the permit if granted. it seems to me that, you know, some may question whether we have legal authority to require neighborhood outreach, but in
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this case, the form that you filled out here does have this declaration attached to it. and your choice of words here does not seem to be consistent with the declaration that this information is true and correct. i also noticed on another question where they asked whether you are within a 500 foot radius of any parks, schools, salons that you neglected to mention victoria minella park which is clearly a couple of hundred feet of you. i'm wondering if you request a continuance to give yourselves enough time to number one,
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actually meet with a neighborhood organization and number two, correct any errors that might be on your application because otherwise according to this language here, we would be put in a position where we would have to deny this. >> i definitely, you know, am in support to rectifying the problems that -- that's in my application. part of the -- saying that soma business association was part of the fact that in the past we had a chance to speak with them on the past, you know, ownership, which i'm part of, the past five and a half years. the reason i didn't add anymore is because i wanted to make sure that we could specifically speak to somebody through basically within that walking
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distance, our direct neighbors for the club. unfortunately, when i put the application in, i did it and at the same time was still in the process of trying to gather information who we should be directly speaking to. that's all the paperwork that says we did speak to the neighbors, the auto shops the marble place, the residents of that area and we have listed through the help of one of our managers listed these people. and so i didn't have the opportunity to add any of them and i was hoping that by having the papers that that would show proof that we did speak to people for this particular application. commissioner meko: but the question on this application specifically asks whether you have met with any local neighborhood association concerning your proposed use of
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the premises. >> and my answer for that is -- i completely misunderstood. in my head association meant, you know, it didn't really dawn on me that i should specifically go to neighborhood group associations. i thought it would suffice that we would speak to individuals, neighborhood, businesses, and that's what i was very much concerned with. and as i put that on the application, i should have double-checked and made sure that what i was saying that i understood the question. commissioner meko: yeah, i can't really tell you who you should have spoken to. but as i said you could have spoken to community action neighborhood. sompact. clen minute tina -- cle minute tina and that is part of the process.
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>> you have to speak into the other microphone. >> i'm the attorney for ms. diner and the proposed new ownership of the club. and if the commission feels that we should have more time to talk to these organizations we would be happy to do that. but i want to remind this commission that it's a club that's been operating under the past five years and there have been really no problems and the club goes back as commissioner meko said and we are not looking to change the operation. we are looking to continue the club in the matter that it's been operated in the past. while we'd be happy to talk to those people, we're not actually proposing anything new. we are actually proposing to continue what's been going on. commissioner meko: yeah. i would have to add that i did read your application thoroughly and notice that you
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tend to emphasize the areas where you have little impact such as one sight faces the freeway, one side faces 6th street. but i might also remind you that in recent memory, this club was shutdown by the police department because of the impacts that the club, i guess, eight or nine years ago. the inspector is agreeing about nine years ago because of tim packet that you were having on the immediate neighborhood which would tend to suggest that you should do more outreach. >> and that was under prior ownership and that was not when this diner was involved with the club. but again if the commission feels that we should do more outreach before the commission can issue a permit, be-we'll be happy to do that.
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president roja: since there is four of us, we have to have a unanimous vote. commissioner meko: i was hoping that you would ask for a continuum to allow yourself to rectify the errors that are on your application and perhaps do a little more outreach but it's totally your decision. >> absolutely. if this is what we need to do, that's what we need to do we want to be in full compliance and do not want to be, you know, to appear as though we're trying to hide anything. personally, it's my full intention to be able to to take it to the next level and be better. and so if we need to do more outreach that's what we're going to have to do it's not a problem. commissioner meko: that would be a good, neighborly thing to do. president roja: and i'm sure maybe you can give ms. kane an e-mail of the list of
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organizations that you recommend they get in contact. commissioner meko: sure. president roja: i understand how you did do outreach and understood that was based on your attempts to put the word out to the community. so we could probably have this back by the next meeting, huh? yeah. ok. all right. so they have requested a continuum. do we have to take a roll on that? >> public comment? president roja: oh, yeah, i was going to do that. ok. you can have a seat. we'll ask members of the public to respond. >> thank you. president roja: ok. public comment? >> my name is don garnner, i live at 281 clara which is right across the seat from the end up. in general the end-up has been a good neighbor. my worse complaint is occasional d.j.'s play their bass a little too loud around 2:00 a.m.
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this happened twice since i've lived there a year. so in general the end up is not a huge concern to me not as near as folsom which is generally obnoxious presence to the neighborhood. i just want to put it on the record what you think because the neighborhood is being redeveloped and as we go forward, what i'm most concerned about is that as the buildings get put up that this sound is going to be redistricted in obnoxious ways. i can't hear the end up until i go to the street behind and on the back side i can hear the end up. and i just want you to be aware as you go forward and in talking to the planning commission that when new condos
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are put up, it would be nice if they did sound engineering so that bass doesn't come out in unexpected ways and that's my biggest concern. and i think system of you recognize that -- because there's nothing worse than being awakened at 3:00 by the thump, thump, thump that won't go away. but i do want to give the end up a lot of credit. they do -- in the year that i live there, they've done a nice job. president roja: thank you. and we would require that they contain the noise within the confines of the property and that there will be a phone on record that they have to provide for the neighborhood so you can call in the event that you'd want them to turn it down or it's not working properly. >> it would be nice if you require the clubs to have an online website address with a contact number because the end
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up does not nor do other clubs and that would be nice if you can do an e-mail. this is a problem. president roja: ok. thank you, sir. any other members of the public that wish to comment? >> good evening, commissioners. good evening, jocelyn. my name is sidney loung, i'm the current owner of the end up. i've been operating the end up for the past six years. for the last six years, i want to help change the image of the end up as a good neighbor and trying to reach out to them and try to really listen to them. and i know that when inez takes over from us, she's going to continue to do the same thing. and i just hope that the commission will understand that that's kind of our main main concern when we first took over six years ago.
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and i would urge the commission to approve the permits at the next meeting. thank you. president roja: thank you. any other members of the public? here we go. >> my name is debbie green. and i've worked at the end up since 1984, if you can believe it. i'm still standing. i'm the bartender there. i've worked with ine zervings for five years and -- inez for the past five years. and for the past five years, she has maintained the end-up safe. she's a person of the upmose integrity. she is level-headed. i know she will respect the conditions, i'm very nervous, following the guideline to. she will continue to be
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resolute in her commitment that people drink responsibly. i've worked there for 26 years and at times we've faced very difficult periods of tensions that we have worked very hard to resolve. since inez and her partner have taken over the business, i have not heard of any complaints. the end-up is an institution in san francisco that i feel very lucky to have been a part of for such a long time. i hope that the commission would take into consideration the desire for inez and i for transferring this license. thank you very much for the transfer of this license. president roja: any more comments? we have request of the applicant to have a
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continuance? do we have to make a roll -- >> i need a motion. commissioner meko: i so move. >> second. >> ok. now i can do that. may 10. president roja: ok. thank you for coming in and we'll see you in a couple of weeks and hopefully everything will work out. item d, daily crisp, 1655 market street. billiard, amusement device. i understand we're going to continue this item? >> correct. we've been unable to resolve the issue with the planning department. so the applicant has requested an additional continuance? >> are i had a couple of questions -- i had a couple of questions if you don't mind. president roja: i do not. commissioner meko: this permit is covered in the police code?
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>> correct. commissioner meko: i couldn't find language in it but are there other permits that we're responsible for -- are there specific grounds under which we must issue the permit, the place of entertainment, extended hours and others are framed as we are to issue the permit if -- and then there are three or four criteria? >> i can't answer that. but it is a question that's been posed to the city attorney along with what, in cases like this, when there is a code compliance issue with another department, then how do we proceed? may we proceed? is there some obligation to proceed. commissioner meko: the planning department, for the edification of the public, has stated that
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their recommendation is to disapprove based on the fact that someone installed vinyl windows on the premises three years ago. president roja: facing the street. commissioner meko: which is an administrative issue, not something that would go before another commission. in the past i've supported instances where the planning commission has had to make a decision such as discretionary review or conditional use but in this case it is a staff member only who has recommended disapproval. now i was refering to the police code again going back to the language and the police code. generally these permits are deemed to have been approved afteme. and the city attorney has not
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been available to answer these questions. and i'm just wondering if that length of time is already past when this permit is deemed to have been approved. >> again, commissioner, i i don't know if it is deemed applicable. we know it is applicable to the extended hours. however, the questions you are asking are multiple and legal. so i just don't have the answers for you. but i did pose them to the city attorney and in the meantime, i don't think that the applicant is unable to run his trade -- his business is not impacted and he is aware that we are, you know, holding it but hopefully for not longer. commissioner meko: there is a pattern here, let's be very blunt where he has been cited
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for not having permitted pool table and pin ball machines and that's what this is about. >> i think he was given simply a notice of violation. he was not cited. commissioner meko: by our department. >> correct. commissioner meko: and the planning department has discovered a structural complaint which we have never had to deal with, with another venue that has come before this commission in our eight years. >> any -- is -- i don't really know how to respond to this. again, there should be any implication that anything's happening that isn't completely transparent. i am trying to resolve a legal question that i don't think that i can ignore. and that is simply what i'm trying to do. and none of it is being done without transparency and the knowledge of the applicant.
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commissioner meko: and let's by aware that if another shoe drops and there is another issue after this one is solved that we begin to see that is a pattern to try to make operating his business difficult seems to be developing because most recently, i can add to this the fact that the padlock to his door was glued last week. >> but the implication is not that the department has something to do with it. commissioner meko: no, let's just understand that there is a pattern of complaints which are making it difficult for him to operate -- president roja: the only complaint from us is the fact that help accident comply with regulations to get a permit as far as the windows you have a good point if we can go ahead and grant the license for that. but it's not a structural thing. it's an aesthetic thing. and i've been through that process and it's a real simple one to rectfy.
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they're not big windows and you can get an overthe counter permit which is a one-stop shop. you put in a couple of wood windows and he's good to go. if that's a decision somebody has to make or the city attorney says he can go ahead without doing that, he has to say -- commissioner meko: right. and i asked an opinion from the city attorney as to whether we could conditionally grant this program and then leave council member tatiana kostanian: the planning department to work out the issues of the windows and i have not gotten an answer yet. so we are delaying this process. president roja: i know of other instances like there is a building i believe a huge apartment building that was retro fitted on the corner of 6th and howard and they put in aluminum windows and they kept that thing vacant for years before they resolved that issue. so this is not something that
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they -- i mean, this is something they look into and do all the time when people don't comply with the wooden windows facing the street requirements in the city so for what that's worth. commissioner meko: right. i've watched plenty of building inspection meeting, going forever on vinyl windows. but in this case the applicant did not put in the vinyl windows. they were put in three years ago. president roja: right. you inherit that. it's between him and the owner of the building but again, i have no problem in the future -- and if the city attorney says we can issue conditionally, it wouldn't bother me. and any -- let's see, do we need any more comments on the buck tavern? >> just one more request of the city attorney to rule whether we can conditionally grant this permit and get it off of our
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calendar. president roja: not to mention all the free advertising he's getting in the paper. all right. any public comment on the continuance of the mechanical device permit for the buck tavern? seeing none -- do have to do a roll on this too? make a motion to continue this -- someone want to make a motion to continue this please? commissioner perez: i'd like to move to continue this application. president roja: ok. >> second. >> do i need to make a roll call? president roja: i don't think so. same call. president roja: all right. as i stated earlier, this is going to be the extent of the meeting tonight so i will now conclude the tuesday, april 26, meeting of the entertainment commission.
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thank you for coming. >> my father was a lebanese
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immigrant. he would say that range today is very good luck. we are seeing good luck on our ceremony today. and an upsurge in interest with the sustainability program. in july of 2009, the executive director -- executive directive talking about healthy and sustainable food for san francisco, i asked all departments to carry out posturing food production in the city. today, we have are before us, literally, groundbreaking legislation. what he will sign into law today, what the mayor will sign into law today represent a big of a to the city's regulation of
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local food production. our community gardens and backyard kitchen gardens will be permitted everywhere under this legislation. surprisingly enough, prior to this legislation, the sale of that food was not. the products are primarily derived from locally grown foods. it establishes operational standards to ensure compatibility of urban agriculture within our existing neighborhoods. there are [unintelligible]
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from the agricultural commission as well. it is my great pleasure to introduce the champion of environmental sustainability. he was director of public works and the city administrator. he has been instrumental in moving electric vehicle policies forward as well as leading an overall effort to make the city far more sustainable. it is my great pleasure to introduce you today. >> good afternoon, everybody. it is my personal pleasure to be out here.
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i want to thank supervisor mar, the environmental department, the agricultural commissioner, the real people and volunteers, i have just been acquitted with the names of eli and caitlin. and all of these more famous people in my opinion because of what they have been doing with this example. we are personally very happy to sign this legislation. i know we got started some time ago. we are out here, but we are not going to be out here for five hours like the planning commission meetings. we are out here to do something very good for neighbors. we have the neighborhood here that are all in concert.
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it will be very good deal for the city. my wife wants to be on that list to be able to buy organic. she is one of those crazy 5:00 36:00 in the morning light people. it don't bother me, i am going out. i think this is wonderful. the agricultural ordnance, which is smart legislation, and it is all one of the legislation's that brings government, volunteers, and people of residents closer together. it is things that we do that we are proud of. i would rather win more friends than create political enemies. i will perhaps set the standards a little higher. they have got to come and
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support these types of things that are greener, the are more. we have got to break open these lots. we have got to do something more. the supervisors got on that very quickly because it was natural for them to do we will enjoy the food produced here. that is why the health department is involved and that is why there are so many other agencies involved. i am here