about this. i'm going to ask that we approve this. some of the reasons are i feel that in soma, it is a former entertainment capital that has lost a lot of its businesses. i have been doing work in that area. one of the things that many of the businesses have talked about is the fact that two years is often not soon enough for an entertainment venue to open, get its money together and to continue to lose these permits has destroyed the neighborhood and the vibrancy. we can see that clearly when you walk through their around christmas and there is no one on the streets and you go past 14th street and is booming. things like this, if you can come up with a way to mix residential and entertainment, i think my job will be easier.

it would be something that would benefit the city. i hope that we as a commission can work with this permit and move forward with it. >> charlie salter is designing this new structure from the ground up. he wrote the original sound ordinance. he is the dean over at the sound engineering department at berkeley. he is the one who build the -- did the sound attenuation on the disney symphony hall in los angeles and a lot of major venues. he is the best sound engineer in america and he thinks it can be done. if he says it can be done, it can be done. >> how does this fit within the west soma plan that was introduced to us? >> it is the grandfathered use. the problem with soma in 1989, the entertainment was zoned out

of the neighborhood. you have a number of bars, mostly gay bars down there. along the 11th straight corridor. a little bit on seventh street. there were turned into nonconforming uses and that is the issue here. we are about a year and a half into no entertainment. it is three years that you lose your right to do it again. it looks like any time soon. it is imperative that we preserve these uses. as ynow, as difficult as it is in this town, if we lose a big venue, it will never be replaced. it is impossible. that is what we're trying to do here. we have a project sponsor who has the money to do it. he has the will and it is a great project. >> i am going to point out that they have voiced several times

they're having problems finding venues of the size and there the second largest tourist destination event in our city. for them not to have parties afterwards or bring tourists in from around the world is something that is troublesome for the city. >> another question. i did not see any parking in this plan. if you are attracting patrons with that large a square footage, where will they be parking? >> there is parking but it is the residential units. >> we discussed the parking options. there are a few buildings nearby that provide late-night parking. we can approach them and see about doing a ballet service --

valet service. there is anothe rr lot on sixth street. we had proposed parking within the building but because of the sea level we cannot dig down. president newlin: any public comment? seeing none, is with the commission. -- it is with the commission. commisioner joseph: i want to present a motion. it is amazing there is sea level. everything up to six straight is the landfill. michael was down there so i get it. -- my club was down there so i get it. i would like to move to grant a conditional permit for this location, and as additional

conditions to this permit is that before this permit will be granted, the applicant must return to this commission with the completed application indicating that description of the location, its intended hours of operation, its security plan, sound system, and anything else that the application would require. this conditional application and this conditional grant is conditioned on you coming back and getting another conditional grant. >> president newlin: do we have a second? we have a second. >> was there second?

-- a second? president newlin: same house, same call. goodluck. -- good luck. next item. >> the applicant asked for a continuance but i do see people here who of showed up for comment. if you would like to comment, please feel free. two minutes. >> i am brad anderson. i am a marina resident. last week i sent out a spreadsheet to my neighbors with contact information. my neighbor give it to his neighbor who sent back the same morning that she got mugged a week ago today at 9:00 on scott street walking down from chestnut. i am concerned about the neighborhood.

to cite another example, a neighbor on scott street can tell -- complained about a party bus where they threw trash out in his neighborhood and talk to the bus driver about it. the passenger pushed the homeowner. i tried to stay involved and i frequent a lot of establishments in the marina. my concern and have heard it mentioned tonight, outreach, neighborhood policy, what kind of comments are being made and i saw none of this with this project. it was a complete surprise. i would ask that you take into consideration and find out, go out and talk to the neighborhood. -- the neighborhood organizations and find out what their concerns are and the hours. thanks for your time and hanging in solely. president newlin: think you for staying.

>> good evening. i am a legislative aide for supervisor mark farrell. it is not clear to me why mr. owens asked for a continuation. i do not know what will change between now and whenever the item is continued. we understand he filed for an entertainment permit last month for the establishment located at 3251 scott street, formerly gravity. when he last appeared before this commission on july 26, 2011 seeking the same permit, our office and many neighbors requested a continuance at that time so basic neighborhood outreach could be done because none at all had been done. the reality of this location is a fatal shooting did occur at the former club on november 1, 2010. we are inherently sensitive to that fact and the concerns that arise. some neighborhood outreach has

been done this time around. it has been completely unsatisfactory to the neighborhood and merchant groups. they will speak to that in their remarks. neighborhood outreach includes a process where both sides are heard and compromises are made. we do not believe that is a process that has been followed in this situation. we believe that common ground is obtainable in this case. we're working in dealing with neighbors and merchants who want to see the clubs this season. we want to work with mr. owens. could i continue on behalf of the supervisor? we have been told that there is no reason why he should not have a permit with amplified sound until 2:00 a.m. seven days a week and he has told some of our neighbors the only reason he is meeting with them is because he has to. this does not bode well for friendly ne+ nor does it give neighbors or other merchants much hope for confidence that someone will be willing to listen to their

concerns in the future as they tend to come up with these types of establishments. it has been unacceptable. we have been here twice now. this is a neighborhood commercial district where all need to coexist. thank you. president newlin: thank you. anybody else would like to speak? >> i am the president of the marine at community association, representing hundreds of members. we are concerned about this establishment. thank you for our dedication -- your dedication to our city. this establishment is something that has tarnished the reputation of our district. there was a fatal shooting. we were elated and new owner was coming in to take over and start a new business and invest, to revamp the image of that establishment and we were

excited in july to hear the applicant was coming to the commission to seek a permit. we came to speak that evening to say we have never met but we understand you are seeking a permit, we would like to speak with you. i do not know if you remember but that evening ended in a strange turn of events when the applicant stormed out and said i do not need this permit. we were surprised to see was seeking a permit again. we did not find out from the applicant but found out through our supervisor's office at the last minute he was seeking this permit again. he did host a community meeting. we found out at the last minute a few days ago. the supervisor's office did provide contact information for my neighborhood association and myself, we would love to communicate that this kind about which is going on so genuine outrage can occur. two of our board members were

able to attend, one of whom is a musician and was interested in playing music at the club in our neighborhood. it was a very strange event in that community meeting. for me thinks -- members did attend. the applicant said he was not willing to negotiate with neighbors whatsoever. it was 2:00 a.m. seven days a week, period. thank you for your time. >> i am a member of the board of the community association and i am on the community police advisory board for northern station. i was here about a year ago talking to you about this location because of the fatal shooting. i made sure i provided to your staff the contact information for the association. this applicant has done nothing to try to work with us.

i first found out there was an application on january 4. i found out he was holding a meeting that day. he was holding a meeting the following day. two members of our board did attend. they got the impression he was not at all interested in talking to them. because of the short notice, i initiated an e-mail to our members of which there are five or 600 people telling them this meeting was going to take place tonight and if they wished to express 8 opinion they should send to your staff and e-mail or come before you. when the applicant found out we had said that e-mail, he contacted one of our board members, who had been at his open house and complained we have been notifying people that this application was going to be heard by you. we would like to work with the

applicant, but it is a two-way street. he has to work with us. we do not know whether we are in favor or not. until -- i would ask you not to accept any further continuance of this and further applications from this applicant until we can certify he has met with the neighborhood and has made a good-faith effort to try to come up with a plan that is agreeable. president newlin: thank you. >> the neighbors asked for compromise. we were told no. they were not invited to these meetings last week. the marina merchants was not invited. he told me wednesday after -- it -- they had a big turnout and they were in favor.

there was a piece of paper, no. 10 font that most people would think would be a menu or dress code or something. it was an invitation. i asked him at that meeting how many people, he came up to two of us and said only one person showed up last night. at the end of the meeting i said mark farrell was around. who else showed up? he said for five people. i do not know what is going on. i believe in music and there needs to be a compromise. there are three apartments that have been terrorized for years and i want -- not applied to 1:30 a.m., i thought there was generous. he says no. i want it this way or else, my way. i tried to talk to him on other

occasions about the -- the neighbors were not invited. about possibly using this venue for the america's cup. he has not wanted to discuss it at all. i am beginning to feel with great dismay because i believe this should have music, that he does not want to work with neighbors. and i am disappointed. he also did not bring the drawing you requested or any of the things you requested from the last meeting. president newlin: thank you. ok. anybody else? yes? >> good evening. i am lt. dan -- i am the night platoon commander.

i am here to make it clear to members of our district that this permanent as we process it, it has been recommended for approval. but with some limitations. we have added a to limitations and eight recommendations as part of the process. additionally i wanted to ensure all the members that are here that we remain committed to our constituency, to be responsive when it comes to the area of public safety and quality of life. just to let you know that we're part of the process. this permit has been received, has been recommended for approval but with stipulations. president newlin: thank you. come on up. >> good evening.

past president, marina merchants association. we have not had any meetings with the owner. that would be something we would be interested in. he did come to one of our meetings a couple of months ago and i do not know what the plan of attack is. we want him to work with us. that is the main request. we want to be involved. the way this was pitched to the neighbors that live above who were really burned out from all the music before is it was going to be acquired establishment. i do not know what the regulations or limitations will be but you need to be considerate of the neighbors. president newlin: thank you.

>> good evening. i am both -- i have to businesses on scott street next to -- i provide security. he is not going to be here to speak. i have heard a lot of -thing said about the establishment. i think he has done a tremendous job of rebuilding of this place. gravity was a menace to the neighborhood. i have to contact the police department. paul has turned the space around. if you walk into the place, if you see the clientele, it is 100% completely different than what was there before.

i was there when that tillman was shot at gravity. it is not fair to paul or to them to compare. president newlin: they were saying he is uncooperative. we're not comparing what is -- to gravity at all. >> i have heard him and i respect their opinions. as a business owner i think he should be entitled to have this permit. president newlin: thank you. no further comment from the public, it is with the commission. commisioner joseph: you said he contacted us and asked for continuance. how did he contact you, e-mail, phone call backs >> she stopped

by the office. to let me know. commisioner joseph: ok. can you tell me is this commission continue did or did he? >> he made the request. commisioner joseph: i do not think so. >> i am positive if he did. commisioner joseph: my -- >> i can hear the public grumboinmbling. commisioner joseph:i if we continue to the next meeting and he does not show up, then what? we cannot not continue in again, what happens? >> wyck cannot continue it? >> we are on a time thing. if we --

>> the place of entertainment permits shall be granted whether the entertainment commission acts are not. if a certain number of business days elapse, and the applicant has not said, would you please continue this, a permit will be granted. we almost never have that problem because we have regular meetings. at the last meeting in july, when he was here, the way that you phrased it was it was you who said we're not going to continue it but if you ask for a continuance, we would be inclined to grant one. he said, may i have a continuance? you granted one. if that is what you think happened -- commisioner joseph: i do not remember. i am asking this lichen phrase my motion. upon the request of paul owens,

a move to grant a continuance -- i move to grant a continuance. is that the proper way to phrase that motion? >> yes. president newlin: do we have a motion? >> second. commissioner pereiz, aye. commissioner tan, aye. president newlin, aye. commisioner josephpresident new. >> al perez and i are the community representatives and i was not impressed by the bieber at the last meeting. if there are these problems we would like to be invited to any meetings that would happen and kept in the loop. >> we have another permit.

president newlin: patterson, michael, extended hours permit. is that continued? >> it is a restaurant on market street. commisioner joseph: he was here. >> it occupies the space that was the baghdad cafe. this is an application to do the same, operate between 2:00 a.m. and 6:00 a.m. i will tell you about it since the applicant is not behind me. all sorts of soul food and louisiana style cooking. i'm not sure about louisiana. they do have chicken and waffles and i have had them. commisioner joseph: what is the

staff recommendation? president newlin: anybody from the public wish to comment briefly on this item? >> i am a big fan. i read about it in the north side magazine. chicken and waffles but there is a lot more. the have an awesome gumbo. this is a global destination to have this quality food and to be able to get it late is what we brag about, being world class. thumbs up. commissioner newlin: are they open now? can i get dinner? >> i would like to echo that. i have eaten it twice in the last three weeks. this place is great. the chicken and waffles and blue plate specials and i had the big shrimp and very new orleans and

really good. thank you. commissioner newlin: no further public comment. item is with the commission. >> i move to approve. >> second. >> commissioner perez? ["roll call" all voting in the affirmative] commissioner newlin: commissioners' comments and questions. >> commissioners, if you will notice the size of our packages tonight. it is -- although the office uses recycled paper, it is a lot of paper. i would like the commission consider bringing your laptop so we can reduce our paper load and be environmentally correct and have it electronically to those

commissioners who don't have a laptop, i'm sure the staff will print you a copy. i'm going to ask this to be an agenda item. commissioner newlin: item 7 -- go ahead. >> whenever you guys have your clients, could you make sure we get things wired to this public neighborhood meetings they are supposed to be having. they would like to attend and meet with them, us neighborhood representatives. and then i believe we are trying to schedule a retreat and have a conversation about dates. i did talk to the venue. >> could i say for the record that i'm excited about being on

the board and working with all of you. so i think -- i don't want to be the overeager rookie. if there is any more i can do to be out in the community and understand the issues that you all are dealing with in the public as well as with the commission, i'm more than happy to do that. thank you. >> we are happy to have you. commissioner newlin: we enjoyed your comments and you got into it and hopefully we won't have to worry about having a quorum every week. item 7, new items? >> this is where i talk to make sure in february, the first meeting of february, i give my broadway presentation. i want to make sure that's on there. and is it true next week, we will introduce an action item

for -- ok. commissioner newlin: are we going to skip the executive director's report. >> how about the minutes? can we get that out of the way? >> i'm not going to mention my report at all. you have it in there and go ahead and look at it and i'm going to make one quick comment and shout outi'm wearing this mohawk in showing support for a brave little boy named james who was diagnosed with cancer last week who is sporting a mohawk as he sits in the hospital. james, get better. >> gosh! commissioner newlin: we'll do the minutes next time. i got to get going.