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tv   [untitled]    August 28, 2014 5:30am-6:01am PDT

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of speakers in there and if we're getting 105 readings have any of the speakers been removed? >> yes. >> how many? >> i believe three of them. >> so if you -- i go tonight where are the ones that will missing? >> one by the door it's not there anymore and the one on the other side. >> and i know a lot of the issue from the big hallow stage that echoed a lot of the noise and i am wondering what you did for that? >> yes it was [inaudible] >> okay. i have been getting complaints that the phone is not answered a lot of times? >> no. i can show you my phone no one has called or text and i always have with near me the cash register. >> finally. >> >> honestly i am sweating. the
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presentation took me by surprise i would like to say. i don't think i have anymore questions at this time. does anyone else? >> a number of the letters complained that the musicians are practicing outside. how you have addressed that? >> we do have different bands but the wojs that usually go i have told them over and over not to do that please. the new ones that come in when they cancel i have to call someone fast i have seen them do it and i tell them stop, stop, stop. don't do that at all and i have seen them go to the car. okay. we will wait because they don't all go inside just to wait to go on stage and in the car and come in. >> so you have security outside? >> yes. he's spoked to is -- >> supposed to walk up the
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street. >> is the security guard advised of good neighbor policy and that bands weren't warming up outside the club. >> yeah. he's telling them don't do that. >> have there been sound checks in the neighbors one. >> >> apartments, the ones that are complaining? >> i had three visits with neighbors on one night and residential visits and i was told by the residents that the sound wasn't exceedingly loud compared to the nights it was a problem for them. it was audible especially base frequency. i think after that evening it was easy to hear that things were actually coming up from the roof. the closer i got
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into malibu the easier it was to hear the base frequencies and i stuck my head out of the window of the unit i was doing measurements and was able to gather that the sound was escaping directly from the roof which is why i think it's misleading to be taking readings from the front, the side and things are coming up from the roof and right into residents houses. on that particular evening as far as taking measurements when things weren't loud enough to get any kind of reading, but it was audible. >> i have a few more questions. i saw some complaints about a generator in here. where is the generator located? some neighbors complained. >> i think old complaints -- >> okay. >> mechanical bull is not an issue? >> no. not anymore. >> okay.
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>> and then i'm hearing you're saying that the door is always closed? okay. >> a quick comment. >> yeah. >> i think commissioner akers mentioned earlier as far as bands in front of the building and having a monitor on the bands during load in. in my experience there are two bands in any evening night and the load in process for the change over could be managed much better. during this process i have seen fans of the bands or helpers of the bands go in and out of the stage doors while the dj music is still at full volume, so i think that process keeping the doors closed during change over making sure people aren't out front playing
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instruments could be managed much better. >> i have a question for you when you hire these bands do you make a contract with them? >> yeah. >> did you ever put in the contract that they are not to rehearse outside? >> there is a clause. >> there is a clause that says they're not to rehearse outside? >> that's correct. >> but if they rehearse outside and you don't enforce the clause then it has no meaning; right? >> she mentioned she enforces it when she catches it and they stop and if they walk away she gets somebody else. it has been enforced but unfortunately she can't be two places at the same time so those that work at the club do the best they can -- >> no, no, you can't do the best you can. you have to be in control of your business. you
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are responsible for every patron and every employee and your neighbors. you're responsible. it's your business. you can't do the best that you can. you have to control your business. that is your job. >> okay. commissioner lee and then commissioner akers. >> so on site management -- you're the on site manager? are you also a cashier? are you also a bartender? no, not really but when someone isn't there or they go to the bathroom or something. so here's the deal. usually in these cases there is one manager basically watching the front, watching all of the operations. i don't know how big your business is, but in this case with all these complaints i think there is one assigned person who takes the phone calls and immediately sees musicians playing, stop them right away and i don't know what the
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repercussion is and let's say they continue. you go inside back to the business they're still playing. do you not hire them the next time? is there a policy that you might apply for this? because you yourself as the manager is responsible, and if you're not there they're just going to continue, so even you have to make a decision whether you be the bartender or the actual manager. that's number one. number two is -- maybe this is for shawn. is there any sky lights on that roof? >> i believe three or four. >> okay. . >> >> i remember when we got our permit we had sky lights and unless you close them the music will always go through the roof so my thing is if you don't have the money to hire an acoustic engineer to really check your building, go on the roof and
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close that thing, or lower your dbs otherwise this is never going to go away and we will have to recondition your permit so the neighbors can at least take a breather, so you have to make a decision. it's not unreasonable to turn the music down. it's not a big place. >> commissioner akers. >> so there's also complaints about patrons loitering and drinking outside on the street after two, so how is your security handle close out? what does that look like? how do they handle loitering and people continuing to party outside of the club? >> our security tells them to -- >> talk into the mic. >> i'm sorry. i have seenlet security tell them to go -- >> what happens if they don't? >> there is another security at the door making sure no one
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leaves outside with a drink. >> and i would like to make a comment that during the time that we have been working with malibu that around the area the noise and the patrons drinking and sort of the problems they were having there, the quality of life issues other than the noise have been addressed at a much more aggressive way than the noise so i want to say that's something i have seen. >> commissioner perez. thanks for coming in. now is the security in house or are you hiring professional security? >> they all have guard cards. >> are they part of staff or outside security? >> from a company? no, they're not part of a company. >> they're part of your staff? okay. >> yeah. >> i just want to go on record and say and maybe jordan correct me if i am wrong we stopped by
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since you have been on board. i would say more often than not when we go by malibu there is no security outside of the club. i think they're diligent as people leave with drinks but i think part of the issue as far as managing the band change over and the stage door and things like that if what they're saying is true which i haven't noticed but if there are indeed five security people on staff any given weekend night one of those people should be dedicated to the outside of the club. >> thank you. would it be all right if we heard from the police now? thank you. >> ladies and gentlemen of the entertainment commission good evening. i am robert and the permit officer at ingleside station and i've run a query for
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calls of service to the location, and the query -- i can only go back as may 21 of this year so in the four years of experience i have been able to pull up 17 calls for service, and nine of the 17 calls for service have been noise complaints. some of the comments that the 911 call taker takes from the callers have been the malibu club playing loud music. at the malibu bar blasting out the doors. lowtd base from the location. loud music at club malibu. bar noise. music complaint from the bar. loud base. bar playing loud music base. loud party on the street in front of malibu bar, lot was drunk people, noisy, et cetera. another call on the same actual call.
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another call from another community member regarding more noise and more drunk people on the street, so there seems to be a pattern that we're obviously concerned with, and at any given time if we continue to see drunk people on the street there maybe potential for more violence. luckily we haven't seen any of that on the street. however among the calls for service have dealt with a battery or an . assault originating from the bar and i work with cammy blackstone and i had conversations with the community and i know they are pretty reasonable based on the emails i have seen, the conversations i
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have had. they seem to be reasonable. they are very open to whoever is in their community and would like to see them succeed. based on these calls for service i am seeing it's really creating a public nuisance. some of the suggestions i have heard you make some very reasonable and i think that might alleviate a lot of what's been going on especially with just the noise complaints. thank you. >> do we have any questions? >> i do. >> commissioner akers. >> did you say it was 17 calls since may or the last four years? >> since may 21 there have been 17 calls and nine of the 17 calls have been noise complaints. >> okay. thank you. >> are there anymore questions for the officer? yeah go ahead. >> one thing because cad doesn't go past that may date you can't get it. the computer
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is being cleaned up and why we can't find prior to the may date; right? >> correct. >> and the complaints you did get it's said there may be one person that have them target in their sights. are these complaints you're getting are they from different people or one person making all of the complaints? >> i don't have the records in front of me for the computer auto mated records, but i have seen they are from different parties. they're not all from one person, and that was one thing i was also looking at. >> and also to that point we've had about 15-20 neighbors at the meetings who have all experienced difficultly with sound. >> thank you. >> any other questions? commissioner joseph. >> just a point of information.
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staff has provided us with an entertainment commission timeline where our records go back to august 2013 whether we started to receive complaints. i am sure cammy can get you one if you need it. >> just one more thing regarding the noise complaints the earliest time was 1030 and that was at first one of the record on may 21. the last noise complaint dated july 21 at 2:29 a.m.. thank you. >> okay. thank you. >> yes if i could address one thing because i know you won't invite the malibu club folks back up. they had an event on that day that was an american idol event and i'm sorry we're having this event that got out
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of our control and never hiring those people again and i think complaints came from that event but we had additional ones as well but that was a big one. >> okay. great. now i would like to hear from community members in the audience who would like to come up and make comments on this. is there public comment on this? please come up and line up over here and please come up and introduce yourself and tell us what your complaints are please. >> hi. my name is renee and live on coleridge. i have lived there since 1994. i have seen a lot of changes in the neighborhood, and i'm a little just -- i came here to really i am really saddened by this because i want to tell you that
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i don't know of -- i don't know of a building on my street that doesn't have gas lesbian transgender, mexican perriewfian, black tenants including myself. i am lesbian. i have been to over 10 dike marches. i have been -- ridden my motorcycle in the parade at least twice. i grew up in east l.a. i went to laud guadalupe grammar school. i lived in boyle heights and picko rivera and i am saddened that we went to their business to talk to them reasonably and we told them that we want them to succeed. i told them i love that building and i love businesses like
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that, and i still want them to succeed, and i will tell you and they were right. there's been a club there for many, many years before i got there and we didn't have any noise problems. we did not. it's the base that reverberates up to the street, and it can shake -- it shatders my windows. i can feel it in my jaw and chuft. now i have gone down there -- this is before i knew to call because i thought it was the only way and i asked them can you please turn it down. i remember the first time and they told me no english and i walked away: the second time i went down a car alarm went off and they were in the bar and the manager had them turn off the alarm but they didn't hear the
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alarm because of the sound. we've gone back and forth about sound proofing and all the things that they have done and i believe they have done that, but really it's just a matter of turning the knob, it is base. it's that simple. you don't need fancy equipment to do that and the previous clubs didn't need that either and so i have a lot more to say but i'm going to stop now so other people can talk. thank you. >> thanks and i wanted to say that the limit is two minutes and the first sound is 30 seconds so come on up. >> i am sandy bor ac and live right behind club malibu. my chief complaint has always been about the base. if they could
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just turn down the base i would be perfectly happy but i hear it and i feel the base not every night but many nights after from like 11 to two. >> thank you. >> hello officer. hi i want to fur for having this forum. i am grateful to live in san francisco where there is a community of openness. i am naomi marcos and a resident for 16 years and the club was called the club [inaudible] when we moved there and we never had a problem that club and it was a dancing club and tangos and dancing and we never had issues. they were lovely people that ran it so i am very sad because
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like renee i feel sad with all the good will in the world, with really good will. i work with poor people and the gay and lesbian community. i find it sad that you feel -- >> please keep your comments directed towards the commission. >> i feel sad they don't feel respected and targeted and really i am here because my husband and my grandchildren when they visited were tired. i am not physically sleeping because of the ramifications of the sound and that night was a horrific night and into the 3:00 o'clock hour when people after the event were on the street partying. that happens with regularity and my concern is they lease out the club to other people and not in charge at all and that happens a lot and we're a close neighborhood. we love the community, love the old building and would like it
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to work for them and us. we're just weary. i am physically weary and i have neighbors that would be here so i am representing 16 families and are reasonable people and want to be happy too but we're just really tired. that's all i would like to say and thank you for having this. >> thank you. is there anymore public comment? seeing none. [gavel] public comment is closed and the matter is with the commission. actually before you do jay i would just like to kind of talk about what we have done a little bit. i've never gone to a club three times to discuss these sorts of issues, and i've never had neighbors come in angry and leave willingly and i just would like to say that the neighbors are not the only ones who are
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shocked over what was heard here today. to say that the good will that was shown is somehow motivated by anything other than sound complaints is infuriating to me in that i spent so much time working on this as has staff as many commissioners out of good will to make this work, and i am sorry but that is just unacceptable and i hope that in the future people do not bring those sort of comments to commission because i don't believe that is the situation here and i find it very disrespectful to the neighbors and commissionerses and the staff who put in hours that we didn't have to put in trying to help this club survive and with they will pass it off to
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commissioner joseph. >> thank you. i agree with you. i was pretty shocked by your presentation as well. and i supported club malibu and in your presentation you don't start until 10:00 o'clock at night. maybe that's part of the issue. maybe you start late and end late in a residential area. i would like to consider some conditions for this permit. on number three on possible conscience is a limit on the volume. our inspector has suggested not to exceed 90-decibels. i want to suggest -- first of all let me say you can't just turn the volume down on base. base doesn't work that way. it's a vibration. it's
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more of a vibration than a sound but you can take out the frequencies so i would like to condition that their limiter take out all base frequencies under 60 to 70 megahertz and that will take out the vibration and hopefully give the neighbors some relief, so if not if that doesn't work i suggest they simply unplug the base bins and remove them from the club. so that's the first condition. with regard to live entertainment if you're going to have drums, not only do you have to stuff the stage, you have to stuff the base drum, so you have to put a blanket in it or stuff it to limit the vibration to stay within the room and not penetrate the outside of the building, so that would be
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something i would also suggest and that you don't amplify any horns. horns are loud enough of themselves. i know the size of the club. that's what i would like to do. i know you say you've got the security guards. i have been there a number of times including once with inspector burke i only have seen one security guard i personally the guy at the door wearing the uniform thing. i never seen any other security guards so i don't know how to deal with that one. absolutely zero activity outside the club having to deal with music, whether it's amplified music or any kind of noise outside the club, and those are my suggestions. open up the discussion with fellow commissioners. >> i have gone by and the door
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is open. i ride the bus and the door is open. i see it. there is no security guard outside. i called the cell number and had my call returned because there is no security guard and there is no door person, so i think that we need to make the conditions much more strict because i do not feel that malibu at this point is taking us very seriously. i think that we can only have i would like to add that live music should only go until 11 p.m. during the week. i think that live music should only be on the weekends. i think we should have entertainment during the week to 11:00 o'clock and live music only on weekends. i believe that club malibu must give a
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entertainment calendar to the sfpd and neighbors and the entertainment commission every month with the band and someone to contact from the band and those bands need to be registered on the entertainment commission -- no, they're not promoters, are they? >> no. >> okay. definitely no more third party promoters, and requiring additional sound proof ing on the vent and the roof. >> [inaudible] >> and the sky lights. >> i got one to add. >> great. >>i would like to have at least one security guard posted during operations after 10:00 o'clock until closing or what ary we doing? whatever, the music is playing and there are musicians there should be a guard posted
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all the time at the front to monitor the doors -- outside sidewalk. keep that all clear. keep the doors shut. i just feel that it's not aggressive enough so i think having either head of security or at least a guy that knows how to do neighborhood relations outside this club. >> would you like to suggest add to i feel like we should do is make a motion and i would like the conditions sort of read back now so that we can make a motion, see if we can get a second and move from there. i think we're getting a little foggy, so -- >> we have a motion. >> i would like to move to
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limit the hours of entertainment. entertainment should be allowed only 11:00 p.m. sunday through thursday and midnight friday and saturday. i would like to limit -- >> [inaudible] >> okay. so live entertainment -- no, that's all entertainment until -- i would like to limit all entertainment until 11:30 p.m. sunday through thursday and until 1230 on friday and saturday. i would like to limit live entertainment only to the weekends with stuffed drums. i would like to limit the volume and the sound may not exceed 70 megahertz.