>> commissioner, i have an aerial of what the space looks like now.

>> yeah. >> right now on -- >> can you move the microphone. >> sorry, on the west side of faxon, it's currently no parking from 7 a.m. to 6 p.m. and there's a little sliver on the eastern side and then there's a section that's toe away, no stopping, i already engaged mta on the conversation of changing this entire colored area to a towing, no stopping, it increases the fine, they've also increased enforcement, i contacted mta in early august and they said they've stepped up their enforcement of the no parking, whether or not that's true, i'm not sure. >> thank you, i think that's some steps in the right direction, and so i'm happy to hear these things are being done and i'm supportive but i think it will help, all these things we're doing will help to

alleviate the existing problem that the dr requestors have broukt up. >> thank you, commissioner borden? >> yeah, i'm supportive of what's been proposed here, i was going to mention staff when there was back and forth conflicting information, walgreens, we could check -- look at that building permit and whatever was required of how they keep that property if there was -- i don't think there probably was, and in general, i know this is not the only walgreens where there are concerns about their maintenance and maybe at some further time, we should have a hearing, maybe somebody from walgreens, we could identify some of those problems, i feel for the neighbor, it's, you know, i understand the challenge that you have and it sounds like the project sponsor with the chart and all the suggestions he's made to remedy things is more than amenable to

working with you and has every intent to hose down the street, to pick up the street and make things better, to the extent that we can look into walgreens and it sounds the city can work on mta to work on the parking issues and we can solve that, it wouldn't be good the penalize this business for the thing that is are really are problems that have more to do with other bad actors. >> commissioner hillis? >> i agree with the motion, just a question on the parking. why is there no parking on the street, is that a response for people trying to park at walgreens? >> it's a major thorough fair to get from ocean to monterey, the street is currently a two-way street and it's narrow so they have removed parking

between 7 a.m. to 6 p.m. to allow for a faster travel time between ocean and monterey. >> i think it's counterintuitive, you may want to engage mta and put parking back. parking could be a way to calm traffic, you know, and not get people to use it as a cut through or drive so fast and not park. if there's cars parked there, people are not going to park on the sidewalk, and i think walgreens is a problem with the cut through, but changing their parking and maybe adding some parking, if not, the entire parking situation, i'm supportive of the restaurant but i think those issues need to look at. >> we're trying to look into turning it into a one-way and maybe that would allow for the extra parking, i am going to be

working on the beautification on these issues. >> commissioner moore. >> i am supportive of the application, a small entrepreneurial business is trying -- it's a bold move, it's a strong sign for neighborhood revitalization and i'm glad that asian neighborhoods were able to design and mediate some of the problems. the question i have is has the dr applicant been given any language assistance to fully understand that she will also have an on-site coordinator with whom she could later communicate issues should there be any problems which i don't assume will be arising because i think there's enough sensitivity from the operator already brought to the subject matter, however, to create that language assistance in the

future i think would be helpful because i sense that this commission will support the approval of this dr, however, i feel we should extend the future ability for the two parties to communicate in the future. >> can staff respond to that question? >> michael staff, planning department staff. if i understand you, commissioner moore, you would like the sponsor to have a translator? >> either you or somebody, there's always like -- >> okay, the department does have those services if requested, yes. >> but once a restaurant is realized, there should be a phone number by which any neighborhood complaints could come forward to the restaurant operator and be dealt with in a

constructive manner. >> commissioner moore, that would be on a conditional use authorization as one of our standards. >> so, that would not be part of it? >> that would not be part of a motion. >> then i think we should at least encourage the future operator to provide continued outreach and sensitivity to the community should any mutually -- issues of mutual concern arise and they can be resolved in an amenable way. >> and i believe the project sponsor has been the liaison for the restaurant and he will ko*n to be. i don't know if we need to necessarily put a condition of approval to that effect. he is there as a lee iaison to the neighborhood if they want to contact. >> they are communicating with

the dr requestor's niece who was english speaking and i don't know if she's here right now, but that's how we were communicating with the dr requestor. >> i appreciate you explaining that, thank you. >> thank you, commissioner antonini. >> thank you, in terms of the whole parking issue, we had our dealing with the narrow street here, i believe this street was when the subdivision was ut put in probably in the 20's, it was basically residential use and i don't think if cars were parked on both sides of the street, it's essentially a one way street, one car has to wait before the other one goes at least in that little segment, so if you do reinstitute parking, it would have to be on one side because of the chance of collisions going through there and the other thing i would like to see happen is the project sponsor works with the neighborhoods and with the

ocean avenue neighborhood association with staff as far as the final appearance of the building on the outside. i mean, presently, i think the existing building, i know it's being renovated and turned into a restaurant but it's not really very attractive and the paint job doesn't help it much and certainly it would be nice if, you know, make sure that whatever appearance the restaurant has is one that's compatible with the residential style of the maybe and, you know, clearly it's a restaurant, but it has to have a quiet appearance, not something that calls attention to itself and what is really a residential neighborhood. >> commissioner sugaya? >> yes, i think before we go off implementing commissioner hillis' idea which i am opposed to, i'm looking at my phone

here which i'm not supposed to have on i guess, but faxon isn't the only street tho goes all the way through to the two boulevardsqrut. miramar and also plimoth, i'm sure they have parking issues. >> okay, that's enough. >> but i'm not in favor of making anything one-way, i can tell you that, living on a one-way street, i'm trying to get it back to two way. it's not something we can resolve and i'm sure mta will hopefully take a closer look at this and try to resolve the issues with the neighbors. >> you can call the question, please. >> commissioners, the motion on

the floor is to take discretionary review and approve the project requiring street trees on the property side, on that motion, commissioner antonini >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner yao*u. >> thank you, that motion passed unanimous, commissioner, your general public comment? >> is there any general public comment? >> no. >> seeing none, the meeting is adjourned. >> thank you.

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