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 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 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 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 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 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 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 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 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 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 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. >> base. >> base. base -- not to exceed 70 megahertz. >> [inaudible] >> tell me again. >> so to take out all frequencies below 70 megahertz. >> great. so to take out -- >> [inaudible] >> all frequencies below

70 megahertz. requiring a security guard outside the establishment during hours of entertainment. no activity outdoor. no bands or musicians playing outdoors. providing an entertainment calendar to the sfpd, neighbors and the entertainment commission every month, no third party promoters and requiring essential sound proofing specifically baffle the vent on the roof and the sky lights. so i would like to make that motion. >> question? will your weekend include holidays? >> sure. we can change that to weekends and holidays. >> question. >> we need to second the motion. >> i second the motion. >> thank you. now the matter is with the commission and if

there are other -- commissioner akers. >> there was a suggestion to increase the number of security guards from 100 -- from one to 100 from one to 50. >> you know and i was thinking one to 75 might be. would you be okay with that? adding the condition that there is one security guard for every 75 patrons. >> and we can add that to the motion or do you have to read it over again? >>i will accept it. do we have to read it over again? >> [inaudible] >> okay. >> another question. are we giving them a probation period or is this set in stone? >> that's a good question. >> that is a good question. i think this is very limiting but i think there is a reason it's very limiting and so i would

like to say in three months that they could come back to commission and see how far that they have gone if that is okay because if they knuckle down for three months then i think they should be able to continue to operate and have some of the restrictions lifted depending on which ones are followed correctly. >> maybe add one more. >> okay. >> sound checks outside. can we require that at all? just random checks in the neighborhood? >> from our staff or from them? >> from them, self managing. >> yes. >> just a point of order and i do this every time you have these conversations. as commissioners can impose almost anything you want but if it's hard or impossible for staff to enforce the knsz they don't amount to much so i rather you think how to phrase the

conditions such a way we're capable of checking whether they are in violation or not. >> so may i ask staff so far other than the asking them to check the meters outside are there other conditions you would call into question like i was wondering if we can check on stuffed drums? is that -- >> in my opinion the easiest way for us to marriage this base issue is for you to put it in terms of not allowing base to escape if there is direction with respect to sound mitigations that we can do that without putting that specificity in the permit than ultimately what we're after and check whether base is escaping and does that make sense? >> yes. >> turn it something like that opposed to specific remedies that could change depending on operations in the club.

>> but they have been told over and over again by us that it is escaping, so even though they don't ambliifiy the drums it escapes. it's a drum. >> and the direction to sound proof the roof i think you're getting to the same end. >> okay. >> and proscriptive of stuffing drums is very hard for our staff. >> okay. >> got you. all right. >> let's redo this. >> do you want me to read it back? >> yes please. >> the conditions are to limit the howfers entertainment -- actually just a note. if i recall correctly when we had a similar incident with brick and mortar we limited the hours until the adequate sound proofing was achieved so it wasn't a designated time and

until it was achieved. >> and we went over to check to make sure. >> so in this one i believe this is until the sound proofing achieved and limit the hours until 1130 on sunday to thursday and limit live entertainment to fridays saturdays and holidays to 12:30 p.m.. limit -- >> 12:30 a.m. >> thank you. and then sound levels, decibels levels might not exceed 90. have the limiter take out all base frequency below 70 megahertz. require additional security per 75 patrons and post security outside during entertainment. no entertainment out doors.

club malibu must provide entertainment calendar to sfpd and neighbors and the entertainment commission every month and require additional sound proofing to baffle the lights and the eventing on the roof. >> thank you very much. yes commissioner. >> one thing we're changing the one security guard per hundred people by this possible conscience i have here. says club occupancy is 200 so it's not going to up any security if it's one in 75 if the club maximum is 200. i mean maybe if we did one to 60 if we're looking for another security guard and another thing on that line when one of the owners up here they talked about the people having a guard card and part of the security thing but we heard from her and the different jobs at the club i

want to make sure the security guard is a security guard and not a bartender with a card doing a dual job. >> i have a question. so it's one security guard for up to 75 people so that the first 150 are two people and wouldn't the other then 50 require a third guard? >> yes. >> okay. >> thank you for the explanation on that one. >> okay. >> thank you. >> so then it would be three. >> right, you are correct. >> yeah. >> so i think we have a motion and a second on the table and i think we're ready for roll call. >> all right. on the motion with all of those conditions that i just read. commissioner perez. >> aye. >> commissioner akers. >> aye. >> commissioner joseph. >> aye. >> commissioner lee. >> aye. >> commissioner frost. >> aye. >> and vice president hide. >> aye. >> motion carries.

[gavel] okay so next on the agenda --y. -- >> yeah next we will do hearing and possible action regarding applications for permits under the jurisdiction of the entertainment commission. the first is andrea minoo doing business as at limbo and place of entertainment and they appreciate another business on folsom and working last renovating the space and has been in communication with several of the adjacent neighbors and reached out to organizations around the neighborhood. mission station has no objections and there are conditions in the binder. >> hello thank you for having us. okay. so my partner and i took over espin notchy at the

beginning of march and operated for a couple of months and closed at the end of april for renovations and construction. >> you can continue. we're listening to you up here. >> okay. yeah so it's been under construction. we renovated the entire thing and basically took it down to the studs and been a long and delayed process, but we're moving along estimated six to eight weeks opening. >> so do we have any questions for the applicants? >> what are you going to do there? it's a neighborhood bar. lounge comfortable drinking beers, beer cocktail, wine, wine on tap. no permanent daily dj.

we would like the option of having djs for special events and private parties, for office parties or birthday parties and stuff like that. we're just planning on using an ipod or pandora in the interim. >> any live music? >> no. >> great. >> thank you. >> so i would like to ask about your community outreach that you have done for this permit. >> yes, i reached out -- i got a list from officer parker. i emailed everyone in the neighborhood. i got suggestions from cammy blackstone about who to email. i emailed and called anyone in the vicinity and no one got back to me and she said do what you can and i have copies of the emails if you like but no one

responded. >> have you gone to any business organizations or in the neighborhood to present? >> i have gone around and introduced myself and just said hello to the other bar owners and some of the clothe stores i am already familiar with so i went around and the restaurants. i am a regular in the neighborhood for a long time so it's me. i just bought the place and we're going to redo it but outside of that no but i have given everyone my contact info and while we were open for the two months i had my cards behind the car. a lot of communication was around the art work in the area and people wanting it and the previous owners own today but that was the only communication we got for relics from the bar that didn't belong to us.

>> did you get the willing of suggested -- >> yes, i did and i contacted five or six people -- several times by the way and not just once. i followed up and hey it's me again. i wasn't sure what to do. i talked to cammy about it. i was next about it. i. >> >> told officer parker and she said if they're not getting back to you what -- >>i wanted to make sure -- >> yeah, yeah, for sure. >> that's fine with me. if others don't want to engage you that's their problem. thank you. >> thank you. commissioner akers. >> yeah just a question so the email thaws sent out to the other businesses it was informing them about the permit application and what the entertainment is going to be like? >> >> well not specifically about the entertainment license. more we're in the neighborhood. we. to know how we can help with the community and get involved with

the community and outreach and become more involved with the local presence as we're new to the neighborhood and excited to be part of the neighborhood. that's it. the sign has been up for a long time. i kept delaying it because no one got back to me. i didn't from anyone and i didn't know what to do and i emailed them again. >> i am cal hutchins, one of the owners and it's not really a change that is happening there. it was a bar with music. it's going to be a bar with music. they had live music. >> yes. one thing that we suggest with the specifically with the out reach that it's a notification of what the entertainment permit is asking for, so it's great to say i'm the new owner and here i am, but

that is specifically asked, so it would be good to see your emails. >> sure. specifically asking what the entertainment permits specifically -- >> saying we are going to be having djs on occasional weekends. >> yeah. well and in our opinion we're not -- we want it for the occasional dj, a couple times a year. >> okay. >> it's not something we want to do on a regular basis because it's too many money and hassle frankly so we want to have the option to do without paying the one off which just if we do it two, three timings a year covers the cost so there's that. we don't plan on having live music. we have the option to for a private event. it's not something we want to organize or set up. >> i