>> i saw a girl's cheek pierced by a high heel. >> any other questions? any public comment on the report? thank you very much. >> thank you. >> all right. >> i bet you look cute in high heels. >> you bet. hearing and possible action regarding an -- applications for permits under the jurisdiction over the entertainment commission. item a, michael o'connor, d.b.a. brick and mortar, 1710 mission street place of entertainment. >> this was received last month, april 13. in your pact, yourl find a detailed resume detailing prior experience as an operator as well as through a thorough

business plan. the recommendations for sfp drnch pretty straightforward and consistent with the kind of good neighbor policy and the planning department also approves of this permit and i believe the applicant is right here. >> mr. o'connor. >> thank you. >> anything you would like to say? >> i guess the location most people are probably familiar with it. there have been a few different entertainment venues. some people think the location might be a bad location. i think it is a good location because it is in the middle of a lot of different neighborhoods. it is walkable and drivable from

neighborhoods in the middle of the city where a lot of latin music goers live. i think one issue that might be worth addressing is the fact that there has been a lot of criticism of live music clubs with respect to honoring the food component and i'll be partnering with one of my favorite restaurants in the bay area. it is in oakland. it is a top 100 restaurant and the chef there is going to do brick oven pizza at brick and mortar. it will be open for lunch and dinner. while we have seen many kind of supper club-type places fail, this will not be a supper club, it will be a very casual non-reservation, non-open table type of comfortable community

seating for the earlier food component part. so there will be -- the food sales will properly satisfy state's requirements to have an all age type-47 license. at least that is the intent. i think it should work. i will do the majority of the booking of the music. it will be live music from all different types of genres and all different types of demographics, which for some people it is confusing because there is no set type of vibe at the sclub but i personally like it because it always stays different and interesting and that's part of the reason why i keep doing this. i can't help but bring this up. part of my security policy is going to include no high heels alive.

[laughter] you have to be wearing flats. >> great. >> sorry. no disrespect. >> commissioner meko? commissioner meko: you have experience with other type 47 venn use? >> i do. i have a live music club in oakland and the hibiscus food program and live music program and the independent and the justice league never had food or don't have food. and so i don't have an abundance of experience but i definitely now have experience. >> what -- do you think about

extra security needs for a venue that does direct a 121 crowd. have you taken that into account? >> when we have a show that will be promoted as an all-age show, we will have extra security. that is written into the contracts that i submit to agents to get the show. >> great. can you tell us a little bit about any outreach that you have done to the surrounding community? >> i did do the outreach to one of the local neighborhood activists upon a recommendation and that thr didn't really seem to be that much concern about the reopening of it but i will continue to kind of like stay alert to their interests. i've reached out to the other businesses, specifically the restaurant on the corner, westwood gardens.

>> woodward gardens. >> it is a really cool restaurant just to say hey, we can send out emails to people who buy tickets to support business, which is not the same as what you're talking about but they are immediate neighbors. >> ok. it is a challenging neighborhood. good luck to you. >> yeah. >> i have one question and two comments. the only question is that i guess where they talked about parking, you answered in meters. >> there is a kind of an abundant of meter parking. >> oh, is that what you meant? i thought you meant meters instead of feet. i misunderstood. my comment was going to be, you know, i think that -- i think that it is a great idea that

you're opening up there with the coming of public works. that neighborhood is changing. when you get in early on the change, it is good for the neighborhood, it is going to be good for you. my other comment is i've watched you grow in other venues whether it was the justice league or new parish. although there have been a lot of failed venues in that space, i know you can make that work. you don't put aufl of your eggs in one -- all of your eggs in one space. i think you're going to do great there. good luck to you. >> thank you. just -- to address the parking. we worked out a deal with the electrical -- parts -- right around the corner. like r.k., it is right on -- under the freeway and we're going to be leasing their parking lot for any time we have a busy show, we'll pay them to allow us to allow people to park

there. that was -- they were surprisingly helpful. >> all right. yes. commissioner perez? >> you guys will be doing your own in-house security? >> yes. >> can you talk about your experience doing security? >> aside from just generally the management of a series of different live music venues, for example, at the independent, it is all in-house security. and i think it works most of the time. i think if you're going to have a certain show that you think you might have a problematic, what i do in oakland, for example is i mostly have it in house and if i think there is any slight possibility of a more aggressive element, if you want to say that, whatever, first of all, i book all kinds of music and i will not book hip-hop.

i book all kinds of music. if i book hip-hop and i think there will be a majority, more men than women, i will hire bonded security. and if i really think it might be a problem, i'll actually alert the police ahead of time, but there is rarely a problem. >> ok. >> any public comment on this request? seeing none, with we have a -- >> i move the approve. >> second. >> clarification on any additional conditions or standard conditions? just the regular good neighbor policy. concur, all right. >> good luck. >> ok.

item number b, leong, alan, d.b.a., l 2 karaoke. >> it is a lounge on fillmore. the planning department has notified us that they recommend denying the application right now until the venue has an opportunity to comply with planning code section 312. notifying neighbors of this being another entertainment purpose. at the moment i recommend that you continue this item until the applicant has either initiated that process or completed it. >> ok. comments? any public comments? seeing none. we have a motion to continue. >> i move to continue. >> seconded.

>> ok. item number seven. commissioner's comments and questions. commissioners? >> just that i completed the line of the san francisco pride this year, we sandra bernhard, linda perry's new band which is deep, dark robots. if anybody doesn't know linda perry, she was part of four nonblondes and has recently written and produced music for acts like pink. it is going to be a very full, complete and interesting stage. i invite you all there sunday june 26 from noon on. thank you. >> public comment on the commission 're's comments?

no? item number eight. new business requests for future agenda items. commissioners? >> good evening, commissioners. i just want to let you know that on june 14, we are -- 401 broadway in san francisco, i will come before you for broadway billiards academy and we went through land use, planning commission with no opposition. there was a lot of outreach done because of the nature to have broadway corridor and there were -- of the broadway corridor and there were 13 letters of support and five collective bodies like north beach. the communication with the

central police department i uld say was stellar and excellent and we are going to receive some conditions for that and they will be reasonable and customary and i'm sure that the applicant is going to accept those. i just want to say it is one of those things a the outreach was long, hard and extensive but at the same time at the end of the day, all the parties are in agreement, in accord. i look forward to that. >> thank you very much. >> ok. no further public comment, this adjourns the may 24 meeting of the san francisco entertainment commission. thank you. >> well done, commissioners.

announcer: so, what's the biggest issue in america today? i don't think we're probably ever doing enough for our environment. the war in iraq religious yahoos freedom of speech i get angry about it, but it's like... ya' know, in my own apartment. i probably believe in all those causes, but i'm...i'm not really doin' anything.

>> good evening, and welcome to the may 25, 2011 meeting of the board of appeals. we apologize for any delay. thank you for your patience. joining us is the vice-president michael garcia, who

commissioner fung. controls is our legal assistant, and i am the executive director. at the front we have representatives of city departments. goowe have the senior building inspector and scott sanchez, also representing the planning department and the planning commission. we're also joined by a representative of the department of public works. we will also be joined by the department of public health. >> richard lee is here. >> i think we are ready to go over the meeting guidelines.

>> the board request that you turn off all phones, beepers, and pagers, so they do not disturb the hearing. the rules of the presentation are as follows. respondents each have seven minutes to present their cases and three minutes for rebuttals. affiliate's must conclude within seven minutes. members of the public who are not affiliated party have up to three minutes to address the board. members of the public who wish to speak on an item are asked but not required to submit a speaker card or a business card when you come up. speaker cards are available on the left side of the podium. there are survey forms on the left of the podium. if you have a question about requesting a hearing or rules,

please the new board's staff during the break or after the meeting, or colin -- or call in the morning. this meeting is to broadcast live on san francisco government television, cable channel 78, and dvd's are available for purchase. thank you for your attention. we will conduct our swearing-in process. a few intend to testify, please stand, raise your right hand, and say, i do. the you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? >> i do. >> calling item number one, public comment.

is there any member of the public who wishes to speak on an item that is not on the agenda? please step forward. >> good evening, commissioners. my name is barbara thompson, and i have an item for public comment which i have provided a copy of. at the may 18 meeting under item one, i made a comment and expressed concern that the board of appeals was not adhering to the san francisco charter for the rules of the board of appeals and that meetings of the

board did not appear to be governed by rules of order. i asked the board to comply with rules. nonetheless, you conducted the may 18 meeting without regard to the charter, specifically article 5 of article 0. the conduct of the board, regarding discussion of items on the meeting agenda. san francisco charterer item # 5, rules and regulations stipulate each member president -- present. the city and county of sandford cisco board of appeals rules of

board of a field -- san francisco board of appeals stipulates at the discretion of the president, except with a starter, other rules to provide required procedure, meeting shall be conducted rules of order. the board has conducted meetings not in conformance with the rules of order. i am bringing this to the attention of the board and requesting it comply with the san francisco charterer and the city board of appeals rules of the board of appeals when conducting its meeting. thank you. >> thank you. is there any other public comment? seeing none, we will move on to commissioner's comments and questions. item number three, for your consideration are the meetings and who -- the minutes for the

may 18, 2011 meeting. >> seeing none, i will move for adoption during good >> is there any public comment on -- i will move for adoption. >> is there any public comment on this item and? we will move to the role of h -- to calling the role. [calling fovotes] >> this is adopted. >> item 4a, a jurisdiction request. the board received a letter from jonathan sacks asking that the board take jurisdiction over application who 2009/12/18/03506

s. the request was received on may 3, 2011. the project is an elevator at the rear side of the structure. we can start with the requester. you have three minutes. >> my name is jonathan sacks. i am here with my wife. our neighbor convince us to not object to his building permit are promising an elevator insulation would not generate motor noise. this is in exhibit b to the response. my note said, provided it is provided to insulate all motor noise from my residence -- it does not say some motor noise or

most motor noise. it says all motor noise. we ask about this because our right to challenge at its issuance was usurped by a false promise. he has ignored our agreement, and his response tonight proves that. to defend himself, he hired an expert who broadcast 20 decibels of noise in my bedroom window. that is twice the noise of mosquito makes and buzzing around inside a tent. it is four times the level of of of all lawyers. it is certainly not insulating against -- and the level of noise. it is certainly not insulating. our bedroom is often open. that would double the intrusion to 40 decibels. that window is less than 3 feet from the proposed elevator motor.

a photo we brought tonight proves the window opens wide, but despite his claim that it is inoperable, there is a picture of it open. he cannot address hanging it from apply wood roof in a prefabricated tower or the vibration noise it might make to my house because it sits just inches from the master bedroom outer wall. that is because the experts studied an elevator in oakland. peters elevator is not yet installed. in the proper forum, my lawyers will produce experts who believed the installation will likely increase noise in my bedroom well beyond what is estimated by his experts. peter might already suspect as. he told me his contractor, who has never installed one of these towers inches from a neighbor's home and rushed to shore up the elevator shaft after our filing

with this board. peter has had ample opportunity to live up to our agreement. we have repeatedly asked that he higher noise mitigation experts. he has not. he argues this project should continue without interruption because he spent roughly $166,000 on his permit, but any interruption would be self- inflicted. he could have avoided this action by living up to his agreement. peter is here tonight. am i done, or do you want me to finish this last paragraph? >> your time is expired unless someone has a question for you. i do not see someone. >> we will hear from his attorney. >> good evening, commissioners. i am here on behalf of peter and

caro. i want to point out is to permit was issued 10 months ago. construction is nearly complete. we have spent $166,000 so far on reliance to the permit. there was no prior objection to this permit, despite a meeting, despite notice of a building permit. all notices indicated a hoist way of the elevator would be located exactly where it is a constructive, very close to the window, but they have known about that location for the last two years. they have purchased and are installing a quiet, residential elevator inside an insulated hoist way. all indications are that it will be inaudible within the bedroom. we measured noise at the property with an identical elevator. now they estimate it will create 40 dba of noise.

that is below the ambient levels. with noise reduction, it is not an operable window. from the window inside the bedroom, it will be 20 dba at most and nearly inaudible. state law standards are 40 d -- 45 dba. they are simply speculating this is not true, but they have no proof it will be audible within the bedroom. suspending the permit will not resolve that this agreement. it is not until the elevator is installed but they will be able to do some measurements header in the different than what he has measured already. -- measurements that they are

any different than what he has measured already. after the elevator is installed, if it does not operate quietly as it should, there will be other remedies the requester could have, but at this white, suspending the permit is not an appropriate remedy. -- at this point, suspending the permit is not an appropriate remedy. they are installing the elevators so they can stay in their home of 47 years. carol has parkinson's disease and has great difficulty navigating the four levels are high -- levels of her house. a prompt construction is necessary for her health. mr. sikes has other remedies as the elevator is installed. >> the picture we are shown, is that the bedroom window