and prostitutes. this last one was yelled by one of the neighbors that walked into the club and demanded whatever this person was demanding at the top of her voice while standing inches away from their face. this issue we are bringing up because we believe no matter how much we do or changes that we do voluntarily or that you impose on us the bottom line we're targeted not for the allege said noise that seeps through the noise. >> >> but the clients that we entertain and who we support and the civic activities we engage in. the police have been to our properties twice in the last six months and the noise meter was checked and under the acceptable noise level. there have been only improvements on our part. we request that you don't require more than you have

already required. there was a mention of earlier this evening there was a mention of requesting that the music stops at midnight. if that were the case the club would not survive. this is a dancing hall and including those of mexican dissent. that means dancing. no music no dancing no club malibu. as i repeated before staff that i have with me and every other person that works there and those patrons that the club has the idea of supporting either by donating time, resources, and the club helps

many nonprofit organizations. keep in mind these activities that the club engages in and whatever time they are and the organizations they're supporting they're generating the noise that is so loud and absolutely terrible according to the neighbors, so one doesn't any with the other. i mean it's a dancing club and it has been there for so many years, so many years. now, if you please allow me to continue. if you request the music stops at midnight or any other time because that's the last thing you could ask for the club goes under. there is no way this giant machine of of livelihood of 15 families will only survive with music as the prinary attraction to 10:00 p.m. to midnight. they are working on the physical construction of the building if that is possible

and street lights and increase lightning or security or any act that interferes with the neighbors and with that being said please remember that the club premises has been there from the 1950's and well recognized within the latin community and has been the case for more than one generation, even before the current neighbors bought into the area and two, if the true reason of all the complaints and harassment and using the government session and subigating -- closed doors and sensitivity to most levels but hatred for who the club supports and provides for then there is no amount of compromising that will satisfy them doing the complaining because what upsets them i quote a again, all of the customers are gays and prostitutes. thank you.

>> all right. we have some questions. commissioner joseph. >> sure. hello. >> hi. so i know that your folks know i of out there a couple of times and i have done what i can to advise and assist in sound proofing and i am an entertainment representative on this commission and i know the importance of employment opportunities through night life; that night life employs more people than any other retail for square footage. i know the importance of giving back to the community and nonprofit but the reality is is that you have a noise problem, not a bigoty problem and if you think you have a big tree problem i'm sorry about that but it doesn't belong in this commission. this commission deals with noise.

>> respect -- >> let me finish. the building as much as you have tried and i know how much you have tried because we have been going back and forth for at least a year on this. you have not been able to contain the sound. it's the kind of sound that you can't contain, so you want to have dancing? that's fine with us. you just can't have base drums and you can't have instruments that emit low frequencies that pierce the walls or pierce the vents and go out and disturb the neighbors. you can't have tubas. you can't have trombones. you can't have drums that are not amplified. they're not ampliifiyers on these. these are instruments that create this noise organically because much the kind of instruments they are but the

frequency levelings levels of the instruments piece the building and the kind of sound proofing you have done thus far is not good enough to contain this level of sound, so you may walk out your front door and not hear any sound but if you go up the hill there is sound, and the sound is escaping your building, and that is a problem, so i'm not even sure -- you have a noise -- you have a meter inside the club? there is one and the police arrived and checked the meter twice in the last six months. >> is it digital? >> i'm not sure. is it digital? >> [inaudible] >> make sure you speak into the microphone see we can have this recorded please. >> it's the one -- he's the

one that showed us how to use it and every night we check it at least 30 minutes on how it's doing. >> and where in the club do you check it? where do you stand in the meter and check it? >> there were three locations i was told to check it in. >> okay. what are you're readings? >> it goes up to 99 or 100 or 102 and supposed to be up to 105 i believe. >> are you checking on the a weighting or the c weighting? >> c. >> and you're getting 100 on c? >> correct. >> do you ever go outside to check the noise? >> no. i wasn't told to go outside. >> okay. >> other questions? commissioner lee. >> 105 is quite loud. i mean i run a club or part of a club that runs at 95 or 90 because if

we go higher it does affect our neighbors in the back, so i mean what's the problem if we reduce the amount of level rather than reconditioning your license. >> we can definitely try that. >> another thing you should go outside with the meter and see if the neighbors are impacted because that's what we do if you say it's inside. 105 i think that's pretty loud even for operateons i think. >> are there other commissioners? okay. i have a couple of questions. can you tell me like on weekends what hours of operation you have when the bands start and entertainment starts? >> okay. there is a least one day there is no band at all. what is the bay there is only a dj -- >> i only want to know the time at this point. >> like on a friday? saturday? >> yeah, do you have day time entertainment on fridays or

saturdays? >> no. it all begins at night. >> all right. secondly have you -- i know during our conversations i suggested you go and look at loans to help you with the sound proofing so that you can do better sound proofing. have you done that? >> yeah. we put the sponge materials on the doors. all the doors have it and that's what the lady suggested and also we have put like the stuffing inside the bottom of the stage that you suggested as well, we also have sound proofed the walls. the only thing we didn't touch yet is the roof. >> okay. one of the other things brought up there's a lot 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 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 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 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. >> 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 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 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 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 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 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 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 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. 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 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 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. 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 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 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 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 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 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 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