good morning and welcome to the regularly scheduled meeting of the city operations and neighborhood service. my name is shawn elsbernd, chair. i'm joined by the vice chair, supervisor carmen chu, our clerk is derek evans. notice at the begining of the meeting a few minutes before 11:00 we will have to take a recess and we will be back hopefully no later than 11:30, so we will try to get as much done before that time as we

can. just warning to all, and i apologize for that. mr. clerk, item one. >>the clerk: item one, ordinance amending code by repealing 12d.a.22 and amending 14b.18 to repeal provisions extending expiration of chapter 12d in event of injunction, versus san francisco and amending cross-reference to 421249 and 14b. >> christine is here to give us a brief intro on this. >> thank you, supervisors. this is a cleanup ordinance that has no effect on the city's current contracting practices. the contracting ordinance from 2003 was based on 2003 hearings and federal law makes clear our contracting ordinances that give race and gender preferences must be based on recent hearings.

the law -- that chapter, 12d.a has been joined since 2004. the board in 2008 extended the expiration of the ordinance based on the injunction. four years later the ordinance still has been staid, injection not lifted. it is not very clear that the board would need new fact-finding to continue the ordinance in effect. this simply cleans thaup and clears the way for future fact-finding. >> thank you very much. is there any public comment on this item? seeing none, closed. questions? move this forward with recommendation? >> so moved. >> we will make that the order without objection. mr. clerk, item 12. >> resolution determining the premises for transfer

liquor license to -- 398-12th for the double rainbow. * >> mr. chair, supervisors, my name is mark rennie. i represent double rainbow llc. come on guys. who have made application for determination under 23958 of the business code that the issuance of a type 48 liquor license to 398-12th street would serve public convenience and necessity of the city and county of san francisco. i would like to put in the record yesterday they had a little fundraiser across the street. here is approximately 500 original signatures that were added to the cause yesterday. i have previously put out -- if i could have the overhead for just a second. this is as of yesterday.

at the folsom fair. * on saturday there was a new paint job on the eagle. and it is a unique san francisco institution. we were here while you guys were on vacation. it was quite a hearing. and there have been -- mike leon and alex montiel were the original purchasers of 100% interest in double rainbow llc. this is a corporation. there is basically no bank account, a secretary of state and abc filing. it was the intention of property owner to preserve the liquor license, not run into non-conforming use for letting it go too long. these -- as soon as this license transfers, mike and alex are going to go down to abc with me, get finger-printed, put in a new llc questionnaire and

take over 100% ownership. they do have a lease. they are in positive sofasing these premises. it is approximately 4,500 square feet, half of it outside, which is what makes this place so beloved. it is a beautiful old garden. it was for 30 years. first the eagle, then the eagle tavern. during the 80s this particular location hosted well over 500 fundraisers for h.i.v. and a.i.d.s. and raised millions of dollars. this is much beloved in the gay, lesbian, bisexual and trance gender community. they are happy there are new owners that want to respect the old eagle and bring it back. so this project includes a number of ada upgrades, ada bathrooms, passive travel.

there would be soundproofing added. it's always been a good neighbor, wants to continue as a good neighbor so there will be added sound-proofing. 30 jobs, tax revenues. i think this is a great project. we request this be sent to the full board with recommendation that it be granted. >> thank you, mark. supervisor wiener, you here on this? >> thank you, mr. chairman. i'm here to express my full support for the transfer. while i do not want to in any way speak for my colleagues, i know that supervisor kim, supervisor campos, supervisor olage are in support. this is very broadly supported in the community and recommend the liquor license transfer. >> the department? any comments on this one? >> [ indiscernible ] >> great, same conditions. i assume you have no problems with the

conditions. >> we were fine with the conditions. >> great. public comment on this item? please step forward. mr. clerk, we will go with two minutes. >> good morning. my name is troy bernais, president of the castro lions club. we are strong supporters of the eagle. we have been for many, many years. they have been supporters of us because what we do is have fundraisers there. usually on a sunday afternoon, which brings in a good revenue for us, which goes back into the community through the lions inter national organization. so it is a good thing the eagle is coming back. we hope their license does pass. thank you. >> great. thank you. >> hi, i'm michael nulte. i just found out what 238-12th was. doesn't really say on the agenda. i'm the executive director of the lions for a better district six. this liquor license is in

district six. i have been following this on the internet. * problems it's been having. and i think having 30 more jobs in district six is very important. of course our organization would support the transfer of a type 48. it would serve the convenience of the community. that is what this hearing is about. >> thank you. any other public comment on this item? supervisor olague's office, stephanie. welcome. >> good morning, supervisors. i'm here on behalf of supervisor olague to express her strong support. >> any other public comment? closed. a motion to send this item forward with attached conditions? >> so moved. >> that will be the order, without objection. thank you, good luck. item 3, please. >>clerk: hearing to consider transfer of type 48 on-sail general public

premises liquor license to 2237 mason to 222 powell street to mark rennie for sirhed enterprises, the cable car lounge. >> derrick, i think we are having a little problem with the mic over there. >> you mind coming up here? >> good morning, supervisors. members of the public, i'm inspector lazaro with the police department. the applicant has filed an application with the california department of alcoholic beverage control, abc, seeking a

person-to-person premises-to-premises type 48 on-sale general for public premises bar license. for 222 powell street on the east side of powell street between geary and ofarrel. this is currently licensed as a type 21 off-sale general and type 42 on-sale beer and wine. the applicant has agreed to surrender 21 and 42 upon issuance of type 48 license by the abc. for the purposes of this hearing, the abc seeks a determination from the board of supervisors as to approval or denial of this license. no records of police calls for services from july 2011 to june 2012. no record of police reports from july 2011 to june 2012. this premises is located on plot 174. the high crime area is defined as 215 or more reported incidents in a

plot. this plot has 1,232 reported incidents reported for 2010. this is over the high crime area defined definition by 1,017. the applicant premises is located in the high-crime area. this premises is located in census track 117. on-sale license authorized by the census track is seven. active on-sale licenses, 93. the applicant premises is located in an undue concentration area. one valid letter of protest was received by the abc. no record of letters of support with the abc. there's no opposition from tenderloin station. the police department recommends approval. the following conditions have been recommended to the abc. number one, sales, service and conception of alcoholic beverages shall be permitted only between the hours of 9 a.m. and 2 a.m. each day of the week.

the sale of beer for consumption off the premises is strictly prohibited. loitering, defined as to stand idly by, linger aimlessly without lawful business is prohibited on any sidewalks or ai jay -- property adjacent to licensed premises under control of licensee as depicted on the abc257. no noise shall be automobile beyond the area of control of the licensee as defined by the abc 257. petitioner shall utilize electronic surveillance and recording equipment that is able to view exits and entrance points of exterior of the premises. the surveillance recording shall be operational at all times of premises, open to the public. the electronic recording shall be maintained and kept for minimum of seven days and made available to law enforcement on demand, thank you. >> thank you. >> see nothing questions

for you, mark, any comments on this one? >> yes. >> mr. chair, supervisors, i'm excited about . this there was an iconic bar on powell street that went through quite a traumatic episode and had to move down to the war f in the last year. much to the chagrin of the locals and san francisco. this we hope will be a replacement. this is now an off-sale liquor store. i did pass out a photograph of what mr. sirhed's place looks like now. it is a building in a totally commercial area about a block from union square. two-storey building. he's owned it first as a gallery. later as off-sale wine, liquor. on-sale -- retail wine tasting and wine sales inside on the second floor. these licenses would

replace that license. i think it would have less impact on sale. alcohol has a less impact on the public than off-sale does. this license will be sold out of the area. we've looked at the conditions. we are fine with the conditions. with one proviso. mr. sirhed is concerned that -- he is going to be getting a lot of local tourists out of the hotels. they may be on different time zones, they may be up early. he would request that the hours go to what the abc allows, which is 6 a.m. and probably is never going to use it accept for world cup and certain items, but world cup, if you have ever been at 6:00 or 7:00 at a bar showing the world cup, it is quite a popular thing to do. mr. sirhed is going to keep the price points low, like the other bar. we want to be great value. he is, unfortunately, one

of the last people standing. our union square has become all national chains. owned and money going else where. mr. sirhed clearly lease this property out for a lot of money but doesn't want to do that. he would rather keep employees working. have something great that would have a local flavor. thus the sam's cable car lounge theme. it will have a cable car theme, which will sort of play to the tourists. there will be sound mitigation when the build-out comes. there will be an additional sound mitigation. he has been a good neighbor, as ms. lazar said. there has never been an action or police problems or complaint since the license was issued approximately eight years ago. he wishes to continue the jazz legacy.

they are applying for and i believe have gotten a conditional grant on an entertainment license. they want to have a small combo. perhaps a piano with jazz music. we passed out a -- some letters. i believe you probably have those in your packet anyway. there's been extensive community outreach on this one. everybody is in favor. all the major community groups in the area. it fits in well with the neighborhood. i don't think it will pose any safety problems, given the track record from mr. sirhed. i'd like to show -- if you have any questions, mr. sirhed, like to do it. little big for the overhead. here is one of the renderings of what this will look like. will it be a beautiful place. that said, without questions, i would request this be sent to the full board and determination be made that it would serve the public convenience and necessity of citizens of san francisco to have this

type 48 license issued. thank you. >> any public comment on this item? >> just one. i thank you guys for this meeting. thank for all the police department. they have done a great job. i have been cooperating the last eight years. some people sometimes criticize them but they are doing the right job. i think with your help i can be the last man standing on union square as a private enterprise and not a private enterprise not a cookie cutter chain, okay. thank you very much for your support. >> thank you. next speaker, please. >> good morning, supervisors. i'm marsha garland.

i'm here in support of this project. as you well know i have been a small business advocate for close to 30 years. i think it's really important to keep a remaining small business in the union square area. a lot of extensive outreach has been undertaken on mr. sirhed's behalf. i think it is a perfect fit for that neighborhood, especially given the many large hotels in the area that gives travelers another option. thank you. >> thank you, marsha. any other speakers on this item? >> hi. my name is michael nulte, spelled n-u-l-t-y. i'm the president of central city democrats, our organization has sent in alert in support. * we have had the applicant come to our organization and reach out to us and

explain their project. we are also very concerned about small businesses being lost in the union square area, particularly on powell street. we see there's an ongoing change of large retailers going in. basically hurting the small businesses. we figure that we -- we are very supportive to powell because it will hopefully stay as one of the last remaining small businesses, at least on that block. it is important that small businesses thrive in san francisco. because small businesses, as you may know, do promote more -- the ripple effect of bringing more economy back into the neighborhoods. small business actually gives back to the community, more than a big chain does. it provides more jobs. it has the filtering effect. it is very important that small businesses continue.

also we were -- i also wear another hat. we were involved in when this gentleman also established his first establishment back over six years ago. we are quite aware of this business. and we know that it's been very good operator, thank you. >> there any other speakers, if you could please line up against the wall. >> good morning, stefano castano. i did a lot of the outreach for the lounge. i want to reiterate a couple things. there is a large void on powell. there used to be six watering holes. what's happened is through the years landlords have rented out to a corporate sector. it would have been very easy for mr. sirhed to sit back and greet the mailman and collect a check. what he did was talked to me and says, look, what am i to do here.

we've got walgreens with a flagship store, 18,000 square feet. will it be hard for me to compete with that. the iconic gold dust lounge is departing for 165 jefferson street. what are all the people who come to the locals and tourists alike. going to say what happens, what is going on. i know the place was around here somewhere, it is gone. we are not going to be able to replace the gold dust. we will come in with a theme consistent with the area. right on the cable car line. it is going to be -- fill a void, first class. the capacity is only 49 so no impacts or intensification. i urge you to transfer this to the location site so we can preserve character and give san franciscans and tourists the best deal on the square.

>> any other public comment on this item? seeing none, public comment is closed. any other comments? >> just a question to i guess staff with regards to the request for the expansion of time. can you provide us your comments or thoughts on that? >> at this time the hours of operation were the ones that were discussed. due to the high crime and high calls for service in the area we felt that 9 a.m. was reasonable. it would be up to further discussion at this time. >> thank you. given that, given the high crime area and this has never been discussed prior to this meeting i wouldn't recommend changing this on the fly. i would suggest moving the item forward as it is with recommendations as provided. >> and the next world cup is in brazil, so you will not have the time zone

issue next year. maybe five years from now. but, yeah, i would agree. let's set it forward with recommendation with attached conditions as-is. do that without objection. mr. clerk, could you please read item number four. >> item four, hearing to consider the issuance of type 42 on-sale beer and wine public premises license to mr. awadalla for amsterdam cafe, geary street. >> the applicant has filed with the alcoholic department of beverage control seeking a 42 on-sale beer and wine for public premises bar license for 937 geary, located on the south side of geary street between poke and market street. this premise * is currently licensed by the abc as beer and eating and wine place or restaurant. there are five conditions on this active license. for the purposes