>> i am glad you mentioned it. the next one is scheduled for september 19. it's penciled in now. i guess the administration bureau is just confirmed the chief's calendar and we have to make sure all who are going to be present are going to be present and we're holding a large block and this is a big one and we have a number of cases. >> then i won't go. >> sorry deputy chief. sorry sir. >> thank you. >> okay. so it's between me and you. >> we will figure out whoever is available. >> perfect. thank you sergeant. >> thank you. >> all right please call 4b. >> 4bocc discussion and review of recent activities. >> director hicks good evening. >> good evening president mazzucco and commissioners and members of the audience. last night the occ was also present

at the national night out activities held at northern, mission and ingleside districts. last week attorney donna salazar did a role play on occ mediation to students at uc berkeley and next week i will provide the commission with the july monthly comprehensive statistical report and that concludes my report. >> thank you. commissioner truman. >> dr. hicks are those new glasses? >> let me see. >> they are my glasses. i normally wear "a" contact lens. >> they're very nice. >> thank you very much. >> make sure that gets in the minutes. >> director hicks is wearing glasses. >> thank you director. >> you are welcome. any other questions for the director? seeing don please call line item 4d -- actually c.

>> commission reports, decision and commission reports and commissioner reports. >> i have nothing to report this evening commissioners. do you have anything to report? >> actually there is one report. the commissioner is back and i wanted to welcome you. >> i missed you guys too. >> and the commissioner was confirmed for additional four years and commissioner dejesus and dr. marshall are the originals. >> no, just dr. marshall. >> oh you're not. it's good to have you back petra. >> thank you very much. >> 4d. >> 4d and schedule announcements and items for consideration at future commission meetings. >> any announcements inspector monroe?

>> next wednesday we will be here and the next week we are dark and we're in the community on the 28th on the gordon j lowell elementary school on clay street. 950 clay street and that will start at 6:00 p.m. and also september fourth we're holding the medal of valor ceremonies at the legion of honor and that starts at 6:00 p.m. >> great. before we move to commissioner chin give us a break down and the report from the youth commission. can you run through what other items we have scheduled? i would like to check on the date on the presentation of the police reserves and the presentation regarding the social media policy for the officers. >> well the reserves is put off because he is on vacation and

it's not until september 25 and we won't have a meeting because of the medal of valor ceremony. >> we're continuing to work on that. i don't think it's ready to be calendared yet. >> okay. i know the city attorney was on vacation too and if we get those two items in september that would be great. commissioner chin. >> my only item and let the commission know and you probably seen the letter and ask for an agenda item at a future meeting so they can talk about the joint meeting that we historically held a year ago and where we are and we have that calendared for next wednesday night. that's it. >> anything further? well, without further adieu public comment on line items four, a, b, c, d? any public comment?

hearing none. public comment is now closed. please call line item five. >> public comment regarding to closed session and whether to hold item seven in closed session. >> all right gentlemen we're going to go into a privileged personal matter and can't be in public and subject to the constitution and the police officer's bills of rights and it's confidential. any public comment? hearing none public comment is closed. please call the next item. >> next item is whether to hold the item in closed session. >> i move. >> second. >> thank you very much ladies and gentlemen. we're now moving >> we are back in open session and we have a quorum. >> please call the next item.

>> next item, line item 8, vote to elect whether to disclose any or all discussion on item 7 held in closed session. san francisco administrative code section 67.12 a, action. >> i move [inaudible]. >> second. [laughter] >> a slip of the tongue. [multiple voices] [multiple voices] >> all in favor? >> aye. >> please call the next item unless commissioner is going to object to an adjournment. >> line item 9, adjournment. >> can we have a motion? >> i move. >> so moved. >> second. >> all in favor? >> aye. >> thank you very much, everybody. [adjourned]

>> 7 and a half million renovation is part of the clean and safe neighbor's park fund which was on the ballot four years ago and look at how that public investment has transformed our neighborhood. >> the playground is unique in that it serves a number of age groups, unlike many of the other properties, it serves small children with the children's play grounds and

clubhouses that has basketball courts, it has an outdoor soccer field and so there were a lot of people that came to the table that had their wish list and we did our best to make sure that we kind of divided up spaces and made sure that we kept the old features of the playground but we were able to enhance all of those features. >> the playground and the soccer field and the tennis fields and it is such a key part of this neighborhood. >> we want kids to be here. we want families to be here and we want people to have athletic opportunities.

>> we are given a real responsibility to insure that the public's money is used appropriately and that something really special comes of these projects. we generally have about an opportunity every 50 years to redo these spaces. and it is really, really rewarding to see children and families benefit, you know, from the change of culture, at each one of these properties >> and as a result of, what you see behind us, more kids are playing on our soccer fields than ever before. we have more girls playing sports than we have ever had before. [ applause ] fp >> and we are sending a strong message that san francisco families are welcome and we want you to stay.

>> this park is open. ♪ >> bryant, i want to start off by thanking sf gov tv and media services and every media of the commission and making it available to the public online as well as channel 26 to the public and the audience, please silence all your cell phones and electronic devices. if you are to participate in public comment, please fill out a public comment speaker card, there's some at the very front right there, i think they're

yellow, and have it completed, put on the podium and the clerk will collect them. we're going to start with the call to order, and roll call. >> roll call. >> commissioner cavellini. >> present. can commission near lee, commissioner joseph, commissioner hyde, commissioner tan. >> here. >> we have a quorum, commissioner perez and akers aren't present this evening. >> i would like to make a couple of amendments before we go on with the agenda. we'd like to move item number 5, the hearing and possible action regarding -- sorry, no, i'm number 6, review and possible action to review the

conditions for brick and mortar, i would like to move that to item 3 above the report for executive director and also to move item 5, the hearing and possible action for permits right below that, so we'll have brick and mortar first and then the new permits and then the executive director report. alright? our first business is public comment, so this is for items -- >> so, excuse me, sorry, i think you might need to get a motion to make these changes to the agenda. >> okay, -- >> so moved. >> second. >> okay. here we go. commissioner cavellini. >> aye. >> commissioner lee? >> commissioner joseph. >> aye. >> commissioner tan? >> aye. >> alright, thank you,.

now on to public comment. members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission. wpt to the agenda items, members the public may address the commission for up to three minutes at the time such item is called, seeing no public comment, we'll move on to item 2, review and approval of the minutes of june 18th and july 16, 2013. are there any comments? >> i move to approve. >> i second. >> we have a motion and a second. >> and may i have a call? >> absolutely. >> aye. >> moving on to item number 3, so this is now the review and possible action to review and change the conditions on the place of entertainment permit ec1052 for brick and mortar located at 1710 mission street.

what we have today is a request by the permit holder to amend some of the conditions on their permit. commissioners, in your packet, there is a recap of a series of e vents since the last time we saw brick and mortar here on may 21, as you can see on that, there are 7 conditions on top of the good neighbor policy that we have that we placed on brick and mortar. subsequent to that on may 30, it looks like there was an appeal file to the board of appeals which suspended the conditions and transferred the authority of these from the entertainment commission to the board of permit appeals. we were waiting for the decision. we also were waiting for the unpaid citations during the morning of the board of permit appeals hearing, it says later

at that hear, the board denied the appeal leading the ec brick and mortar permits in place, and that was june 13. on june 27, the ec did receive -- sorry, they requested to come back to the commission as they had completed their soundproofing, the ec offered two dates, they requested august 6, which is today, so we will be hearing them today. on july 3, the entertainment commission received notice that the brick and mortar check, there was a bounced check, the ec notified mr. o'connor and mr. jenkins and the fees were still outstanding. on july 25, july 27 and july 28, there was noise complaints to the entertainment commission by the neighbors about brick and mortar. >> can you please repeat those dates. >> july 25, july 27, and july 28th. on july 31, there was a second check received from brick and

mortar to cover the citations for the returned check fees which did not bounce. that brings us to august 3 where sound inspections were made by both the entertainment commission and the department of public health to take sound measurements at brick and mortar. on august 3, that same day, there were no noise complaints filed by neighbors and august 4, the next day. so, that's just what we have before us, but it looks like we have the permit holder here to make their case, so -- >> okay. i'm here to request that the closing limits be lifted or the closing time limits. we have done quite a bit of sound reinforcement, i have worked very closely with the neighbor, have been in fairly

consistent contact with them, i was not aware of those complaints and -- but for the most part, we have not had a lot of complaints, so we soundproofed the entire shell ceiling of the building and then we went ahead and created a shell, an inner shell around the stage to try to control and tame the sounds of the band's actual amps that we can't control at our sound board. i have established a good working relationship with the neighbors and i think we're definitely moving in the right direction. there are some other sound reinforcement strategies i want to use, but we have definitely gone fairly -- taken in a good

direction for now, so that's where we're at. i'm wondering if you've received any communication from neighbors regarding the hearing tonight, one neighbor said they were going to submit ao letter saying that they were for the most part satisfied with the club's efforts and thought we had stepped up and been a good neighbor which i will continue to be now that there is positive communication going on between everybody as opposed to in the past when there were multiple parties that were at fault for there being poor communication including us and to a certain degree, the staff, the commission, which i think is now taken care of and we're fine and we just want to solve the problem and work with the neighbors. >> so, i see all the staff nodding, we got an e-mail today from the neighbor. >> there's two in our packet. >> so, can i just -- >> go ahead.

>> so, on your ongoing sound strategies, are you -- do you have any plans to implement them in the near future? >> yes, yes, we do. i mean, what we just did since the initial hearing has been very, very, very extensive. it wasn't -- i mean, and there was efforts before that. this is the fourth and fifth different strategy that was taken and it's definitely has worked and we can do more. >> okay, so as far as the communication, is the communication i see on august 6 -- >> audrey, we can't hear you. >> sorry, there's a communication on august 6 from someone named crystal zimmerman who lives at 1760 mission, and she says that you have beener spo

their complaints by lowering the sound levels but you have not yet provided a direct line, i guess she means a phone line, to the venue, nor have you complied with the conditions of closing -- stopping live sound at 11:30 on weeknights and 12:30 on weekends, is that the person you were talking about? >> no, i have not been in direct communication with her. >> okay. >> i don't think she's on the e-mail chain with the neighbors that are primarily on the rear where she's on the side, and i will fix that and get a hold of her e-mail so that she does -- the neighbors in the back have been contacting me directly. i would assume that my guess, i wouldn't assume it but i would guess that these complaints the commission got were on the 25, 26, 27th might have been from

here because if there's been a problem with the sound in the last two months, neighbors are e-mailing me directly and then i'm communicating right to the sound person as soon as i get the e-mail on my iphone, and i will continue to maintain that. i'm also going to just go ahead and forward the phone numbers of the -- i mean, we have a house line at the desk which is on the website and that i've communicated that to the back neighbors, however, sometimes the guy can't hear it, but they do check their phones and i just made this discussion with one of the people that sent the letter, and we just talked about this yesterday, that she could just have the door guy and the sound guy's direct cell phone so she can text me or me simultaneously to get the quickest response and i will relay that information to our neighbor, ms. zimmerman.

>> okay, so then we also have -- just so you know, this is for your information, lex wrote that they don't have a phone line information, what is the date on this? august 6th, i'm sorry, yeah, august 6, so you put your phone line out there to people because they don't have it. >> okay, yes. >> and is it possible that you can complete whatever other sound work you need to do in the next two weeks? is it possible? in reality? >> i mean, like i said, the work we've done since the initial hearing has been very, very extensive. i will continue in the next two week, i will add another strategy to soundproof another area which is already

soundproofed but to reinforce the soundproofing. and, you know, as we know, it's not scientific, i can't say, this is going to work, but we are definitely putting the effort in and i will continue to put the effort in, in the next two weeks. >> i have one last question, so some of the e-mails that i've read is that for the most part, the sound has been corrected but there are times when it goes back to what it used to be, can you tell me if you attribute that to volume, someone is increasing the volume or what do you attribute that to, do you think? >> in my experience, when i have called in a complaint, i've been firm about saying get the volume down, the answer is, it's the amps on the stage that aren't being -- can't be altered by the sound guy, so we can communicate with the bands, hey, this is the limit, but

you're also interacting with, you know, a 23 year-old kid who's on tour and he's like, okay, i'll keep my amp at this level, and then, you know, three hours later when the show starts, boom, so we have to keep riding them and working with the bands. >> thank you. >> commissioners, any other -- >> yeah, so this extensive soundproofing as you have no documentation, i think the last time i was asking about documentation, again, i was saying that you would have a better chance of proving your case at least to me exactly to see what you have done because for me, i can always say that i've done extensive work and maybe extensive to you is something else, you know, i'm looking at these numbers and i'm going to talk to the inspector and ask him a few

questions but i see some spikes that go up to above your set levels, i mean, it goes to 76, it goes to 102, i mean, there's certain things and i think it contributes a lot to the volume, i mean, if you get a complaint, i'm sure you turn it down and take the reading and the volume would go down, the thing is when you -- well, at least in a nightclub, you know, we want to play it as loud as possible without having to turn it up and down when neighbors complain, so a true soundproofing is you have everything done and as long as you keep the level at the proper thing, it wouldn't be spiking because you wouldn't be turning it up and down and these readings that they're taking, you know, then it goes by the average, but then when it does peak, you're still -- the neighbor's going to complain because the soundproofing hasn't been finished. so, if we decide to move

forward, and audrey wants two more waoex of soundproofing, i would like to have a summary of what you've done, okay, i mean, whether it's extra sheet rock, whether it's done already, and even photographs would be even nice because obviously this is impacting your business and you want us to make a call, but i don't have any visual information or anything to read, so other than you are responsive to the neighbors, that's good but it's not going to solve the problem, so i'm kind of at that point with that and i don't know if anybody else wants to talk about -- >> so, can you provide us photos and just a written documentation of what you've done in terms of soundproofing? >> yes. >> you know, i would like to continue that conversation. i was reading in writings that you guys posted after the meeting that you had no idea that -- when you came to the meeting, you got blind sided by

the entertainment commission but you came two weeks after you were supposed to be here, correct? originally? >> it was continued. >> it was continued for two weeks at your request and when you did come, you didn't provide any information or any numbers or any photos and the neighbors provided all of that, and then i keep hearing different numbers about how much is being spent on soundproofing, and then there's like a shell here and a shell there and i happen to ask a couple of people, let me call it up here, about what they did when they opened up a little barn with a permit, and they put spray insulation on the roof six feet thick, the walls were pumped with cell you loes, all exterior walls also were

insulated, these people knew that right off the top of their head like what was done and they were able to quote me prices and what they did, and i was wondering if you could quote me some prices and what you did and what you used. >> first of all, keep in mind that this building has been a club 7 to 8, 9 years. >> this place has also been a club, i just want to know what you did. >> there's a lot of hostility in your tone. >> it's not hostility, i just want to have that information if i could. >> like i said, there had been multiple clubs there prior to us, we did not know a history of sound complaints, so it's an 80 year-old building that -- of reinforced brick that i can't

go in and build new walls and this and that, and if i was going in from scratch to a building and creating a club, as i currently am again at another site, i am aware of those strategies and realize that that's a great way to approach the problem. in this particular case when we opened, i was attracted to the deal and the project because it had been a club and i've done this long enough to know that you need to do your due diligence on potential sound complaint issues. currently the project i'm working on right now is a building that i went after specifically because it was right next to the freeway, and -- >> so, can i redirect you, i think the question that commissioner hyde had -- >> i'm answering the question. >> can i just finish my

question, we're asking what have you done, whether it's quoting prices or the actual material was used to soundproof, it's a simple question. >> the entire roof, the shell of the structure was covered with two sheets of sheet rock and a layer of sound board which is approximately 4 thousand square feet and was -- i can come up with a ballpark price of 10 thousand dollars but it was more or less around that price, in addition, then we framed out a shell and a lowered ceiling below the actual ceiling that had been soundproofed, a lower ceiling above the stage to contain the amplified amps on the stage at a cost of about 5 grand. >> go ahead, commissioner. >> can i just ask if the shell is attached, is it a total box? is it like sealed on all sides?