>> i was able to issue the violation for a long time as some of you may remember based on a complaint i received, i was able to go out using the ambient measurements. they were in violation of

the sound ordinance 20909 and a few other good neighbor policies. the other initiatives at public works are working on existing sound proofing on working with interfacing with the neighbor and the establishment trying to move that along as quickly as possible and they were foind in violation of code 2909 this past weekend. i was able to get an ambient measurement the previous week and they were in violation this past weekend. three citations in total for a good number of policy violations. four of them in total. the director and i met with the operator today in

the office. and we discussed some possible solutions on a security end to bring some of the issues to a close. with two other citations for the events that were brought up in our last hearing on february 26th and 27, at the armory, one citation for $50 and one for $100. one for ambient reading events. >> i did investigate a complaint. there is quite an

interesting situation going on there. we have a building that is for sale. no one has yet moved in nor purchased it and we are already getting a complaint. so unsure. it's the first i think for the inspectors. correct me if i am wrong. i will give you an update as i have more. that wraps it up for me. >> commissioners, any questions? >> okay. >> i did mention the citations for the armory. i believe i told you all individually about the memo that i handed out. i wanted to make sure there weren't any questions there. i did bring along some documentation for flyers ticketing sites,

there is some documentation that i used in the memo. i have supporting documentation if anyone is interested in seeing that or discussing it further. >> i have a question, in your memo, it states that a check showed a balance for the armory on the 26 and 27? the 13 was part of a two night event promoted called led presents at the armory. i have a flyer. february 12th and february 13. th.

>> we did give a permit for february 12th. >> i want you to know that that memo is 2-sided. the back would be helpful in the line of questioning. to answer your question, the two process issued on then at entertainment are completely different. unless it's done by two agencies. necessary there was someway to integrate those two processes, there is no way to do what you just said. >> could we ask abc to put a stipulation on the license.

>> these are temporary 1 day licenses and they are issued to in many cases a variety of different people asking for them. so, i don't know, we can ask abc anything. i don't think that would really be i don't know that it would work. >> i look at our penalty of $50. it a business where it's going to cost you only $50, but if they violate a stipulation that they put on there. i understand that it's pretty hard to get a government agency to follow our rules. as you said they put out a lot of 1 day permits that have

nothing to do with entertainment. i don't know how we can get them to put that in there. >> maybe more of an interesting exercise to find a way to make fines more relevant to the violation. >> my thing is to not get more money for the city but to get people to play nice with us and follow the rules. >> okay. any other questions? okay. inspector pauley. >> good evening commissioners, we made several stops in the last week. they are slowing down their operations. they have some issues with the permitting as going on with abc and also with the entertainment commission. they have been

pretty quiet lately. there have been some issues and fine and otherwise compliant. i stopped by hue nightclub on broadway and talked to the venue management and security about a smoking section that is located in front of their businesslike during their operation or whatever. one of the issues they had was that it was clogging the sidewalks. they did it because they were directed to by the one of the sergeants out there from sf p.d.. there were some issues around there as to whether it should be there or in the alley. we talked about it and i bet the best course of action whether this want the smoking section as opposed to the side. there is

first thing i would want them do is talk to his neighbors to talk about how they feel about it because it's going to come up at some point. we'll see and we'll be getting back to them. i made a stop by holy cow this weekend and observe the sound, the patron management, and interaction. they have been doing promotions lately and they were in compliance. big bob, we got a complaint regarding noise after hours. i stopped by the area to assess the situation after 2:00 a.m. when all the other venues shutdown. b box has extended hours. i did not observe anything in the two stops that i made after 2. nonetheless i will be stopping pretty regularly. it's an item on the list because of the amount of complaints we've gotten over the last

month. new complaints, hawthorne, 46 geary street. this is an on going issue, something we have been dealing for a while, same complainant. the building that the complainant is in is about two 2 stories down from the venue. it's an sro building. i talked with the complainant to talk about what's going on with the interior of the unit. he didn't want to cooperate with that, usually in that case, it makes it hard to do any kind of enforcement work, but i was able to get a hold of the landlord and i will be able to do some kind of testing. because of the amount of test and the complaints, i want to get in there.

they are cooperating with this and this weekend i will do a sound inspection and see if there is any compliance issue that needs to be dealt with the managed -- management of the venue. new complaint in folsom. i haven't talked to the complainant. i will be following up with that particular item. >> clear born kitchen, they have a small place. they applied for a limited live permit a couple months ago. after readjusting their entertainment plan, they were granted for

llb. there were no complaints, but basically a lot of complaints leading into the hearing. so, they are having an issue with the same neighbor. the issue is it's noisy. the stereo. i went in there to assess the situation and see what's going on. they have their speakers in the structure in the wall. usually there is some baffling that cuts down on the sound that escapes to the structure. there is no baffling. it's not well done. so basically i told the manager if i keep getting complaints i will be out here and it will get ugly and i don't want to be out here so many times for a simple fix. i recommended

he remove the speakers from the wall. he said it would be fine. we are waiting to see what happens with that. if everything goes well, it will resolve itself. if not, it may come back to commission. i imagine it will come to staff first and we'll bring staff to talk about that. if not, maybe they have to come back in front of the commission. i don't think it's that serious yet. i will let you know notice of it. one notice on 530 jackson street, a violation about the sidewalks and the general noise around their operation. i talked to the owner about cleaning it up. it seemed like it was getting better and this was around 1:20 a.m.. usually around sidewalk traffic about

1:45, there is normal fair, but 1:20 you are not moving people along. it has been a regular stop since the complaints. if you have any questions, i will be happy to answer them. >> commissioners? >> they just kind of let out when ever they want. >> right. >> i know the permit only goes to a certain point. >> i'm not exactly sure. [inaudible] >> have you suggested an area where they can smoke rather than have them on the sidewalk with the neighbors -- >> can you adjust your mic.

>> again. the crowding of the sidewalk. is there a way that you can maybe suggest that they you know have a little designated area closer to the building because i drive by this all the time and they are on the street. once the permit is over, it's out of our purview. >> so the main thing that we were dealing at the time when i talked to the manager and the complainant was at the end of the night and people leaving. so, what the manager agreed to do, he's always on site, what he agreed to do is move people down the block so the uber and taxis can pick patrons up down to i think it's washington because there is

less residents that way. that was the idea, but i guess. >> that's at the end. >> to answer your question, we didn't talk about that, but i will. thank you for mentioning that. >> what is on either side? >> a travel agent on one. >> a restaurant on the other side. but there is a lot of mixed use kind of buildings and there is residences spread out. >> the smoking is the issue. doesn't the ordinance say you have to be 25 feet from a door or window or at the curb or if you can't do that, so, it's a densely populated neighborhood. it's hard to get people to go out and smoke 25 feet away and

monitor that. >> i agree. so, i have basically i haven't been, you know, anytime i'm out, i assess, you know the venue or whatever is going on and i try not to push too hard on things that you know there is a reasonable reason why they need to do something if the logistics doesn't allow them to follow everything i would want to recommend normally. i'm conscious of the general issues in the area. so i don't push them so hard. in this case it's early and they can do something about it. it was like 30 people out there. not maybe 10 or 15. >> okay. thank you. anybody else? okay, is there public comment on the

reports of our sound inspectors? seeing none, public comment is closed. item 4 on our agenda is police department comments and questions. >> i'm not chair if it's vice-president. these aren't necessarily police department concerns but these are entertainment industry in the small business industry was bringing up concerns about starbucks and taco bell and non-traditional abc retailers entering the san

francisco county market. there has been development that we want to update you with and one which is a very significant accomplishment that the board of supervisors unanimously sent to the governor a non-binding resolution requesting that the govern or and abc take a look at this issue and discourage bringing new sectors not having abc looking at dispensed products and prior to that vote, the friday before starbucks elected to withdraw all of their applications in san francisco county. they are currently electing to take pause and take a closer look at their long-term strategies for our county and for the time being that is off our plate.

so i just wanted to share that update with the commission. >> yay! >> thank you. >> thank you. any public comment on police department. questions and comments? >> okay. moving on to our consent calendar so the items on our consent calendar have to do with the subcommittee. >> i will make a quick comment because i'm not going to talk about this specifically since they are consent items unless there are questions specifically in which case we have to move the item from consent. in general, these are two items that were projects that were

described and discussed at length and they were both moved out with conditions. i think i included those for your review as well as the map and the project sponsor form to look at. i would encourage you if you have not gone to the rdr, they meet once a month and so you can see what they are looking at prior to voting on consent. >> is there public comment on our consent agenda? seeing none, public comment is closed. commissioners? is there a motion? >> i motion to approve. >> we have a motion to approve. do we have a second. >> we have a motion and

second. >>clerk, please call the roll. [roll call vote taken] the next item on the agenda. timothy language >> this is for a place for the bar which obtained a permit from 2011 from a location which is on second street and they are in the process of moving over 65 post treat. this is the same owner and they plan to keep the existing bar concept. it's primarily an after work

destination in the financial district. it will be used for art openings as well as private parts and we'll have dj's including poetry and small live bands. there is three conditions they recommend with the final page in the packet. and to tell you more about the bar are michael and tim. >> great. hello, commissioners, my name is timothy landregan. i'm one of the bar owners. i have a handout. this helps to go over why we are moving and what we intend to do and give you information on our background and concept. we began gouddou and we

began our position and we have many local events, tech start ups and banks pharmaceuticals, they come in groups of 5-10 people at one time or they call and make reservations for large parties. over 70% of our business is 7:00 a.m. to 7:00 p.m.. our other line of business have more of the entertainment piece to it. the first is that we have hosted many, we usually do them over a month over 100 art events. we hosted art shows with artist that live around the world. japan, england, to name a few and many of our artist are local

in the san francisco bay area and west coast in general. many of them are graduates including our local programs and the welding program in west oakland. we just stantd a relationship with them last fall. our other line of business is entertainment. for that is, most of that is on a private party function basis. we get a basic reservation, and we close up the shop for that particular event t most common one is a birthday or going away party or anniversary and right now at our current location which is 86 second street in a 1200 smaller place but where we are moving

we can triple the size. for these large events be it art related events or parties, it's typically getting their own dj basically spinning records. sometimes we have someone with a mic and just wants to talk and then comedians and sometimes it's political. they have speakers. our name comes from the gouddou movement. so why are we moving? for starters, we lost our lease. we had a 10-year lease in our existing place and we didn't negotiate a space. the building we are in has three commercial space and retail space on the ground level. we are in the middle and our understanding from the management company is that the owner

of the building intense -- intends to lease the building for a restaurant. also bigger reason we need more space. we are limited to about 50% capacity. we are able to reach out and have more functions. we lose a lot of our business because we can't accommodate more than 50 people. the last thing to where we are moving to is the mechanic's institute. they are an historic concept like we are. they are in the west coast. we brought several of our mechanics institute, ralph, and jerry and the board of directors. this is part of the group

coming together and leader in sponsoring literary events. in terms of what's going to be different with the move. the short answer is nothing. we are keeping our concept the same, the ownership is going to continue, mike and i have been doing it for 10 years. our staff is the same. we may have additional staff because of the additional size. >> i wanted to add that we had several people with us for over 5 years. we have 3 years, 5 years, a long term staff. >> in terms of community outreach, i will say that gouddou is a global concept. our art has originated all over as i explained a second ago. i do expect this to continue.

we reach out to our primary customer base. one of our long customers, bill schaffer. before gouddou and he was with us before. it seems every time we have an art show, his office is literally on the same block to the business where we are moving. that said, we've reached out to the primary and they have all said they will support us in this location. right now we are on second street and marsh. we are across from the

gallery. it's downstairs. we are in a downtown location. our zoning at the new location is downtown and the commercial and primary uses for offices and retail. there is one place on the block. that is 690 market street. we haven't done a lot of outreach. in our persons, we are the concept that try to reach out and say everyone is welcome here. we have a high location. in terms of security, we are going to follow the same plan that we have today. upscale for the size and id checkers at the fire exit. all of our employees are trained, that includes security, trainers and bar and support staff. we are present for all large

nighttime events and entertainment and we will period of time police department request notify the police commission in advance for entertainment and we'll continue to uphold our good neighbor policy. we've never had any incident because we take great pride in our operation. so i don't want to cause any issue with the neighbors. we will always continue to abide by the conditions of the police department. in conclusion, nothing has changed. the staff is the same. the current location and our proposed location is literally .2 miles. we are incident free. we fully expect that to continue. >> thank you. commissioners, any questions for the applicant?

commissioner perez? >> yeah, i have two questions. one of the request from public health, they are denying this. >> that is an error in process. the department will follow up again when they are ready for their inspection. that's what they sent out when they receive the permit application. >> early april 1st we did open up our department of public health permit. we haven't done the build-out in waiting to get the clearance to get approval for what we want to do. architects have completed all of their drawings. we are waiting for dbi and all the players from the other departments. >> another question?

>> regarding your public outreach. you said that you talked to all of your neighbors, including businesses. do you have any evidence of that? >> no. it's all been word of mouth because it's all of our continued patrons as we are letting them know that we are going to continue our lease. it's the people we are sharing who are customer base. >> what about future neighbors, did you get a chance the talk to them ? >> we can talk to, a lot of our businesses that are in support now are in that area. next door mechanics is one of our primary customer basis. we do christmas parties with them with different offices. the only residential building on our block is 690 market street. that's the ritz carlton resident. that we have not reached out.

it may not be a customer base for us. >> it might not be a customer base for you but that maybe an issue for theirs. can i get a confirmation from you? >> absolutely. >> okay. any other questions? okay. why don't have a seat and we'll open for public comment. i'm ralph from the mechanics institutes. today we have 800 member. it's a very democratic place. anybody can become a member. we are a cultural hub. if i can pass this out to

the commissioners. the chronicle just wrote an article in october to say we are really emerging. really the gouddou part to become an institute. we own the building. it's creating who comes into the building in terms of renting space. we have many writers and so it's really becoming a cultural hub for san francisco. we think having the dada bar will help us become even better. it reflects the values we have which are to foster the community and really get people to get together and talk about ideas with great ideas and authors. we are looking forward to having them

join mechanics institute. >> thank you. is there any other public comment? >> i have the library director and i have 4 years experience at the library. i think this is a good fit for us and rob laid out that we are a great cultural hub and this will be a great fit to the mechanics institute. >> thank you. any other public comment? public speaker: hi. i'm bill schaffer. a san francisco native. indini. we are located at 68 market street which is around the corner from where dada will be. i have been a dada patron

for 14 years. i attend the majority of their events. we are looking forward to being able to hold much larger events there because our community is such that we have those that are involved in the entertainment industry we do tend to go out in larger groups. the new space at dada will allow us to have larger groups there. with my whole time attending events at dada, they respect the community and it's a pleasure working with these guys. >> any other comment? seeing none, public comment is closed. commissioners? on poe for dada bar, is there a motion?

>> i make a motion that we approve what the police department's recommendations. >> we have a motion, do we have a second? we have a motion and second. any further discussion? call the roll. colleagues, can we take this item same house same call. without objection this item is approved.. next item on our agenda looks like vince lau. this is for fiddler's green of sf. the new owners under the previous owner plan to keep the original irish theme and operations and entertainment. they will have entertainment daily until

2:00 a.m. including traditional irish mud -- music. and here to tell you a little bit more are the owners. this is vince and colm. >> thank you, maggie. as maggie alluded to earlier, we are trying to stick to the same aspects of this bar. this bar has been there for a quarter of a decade. everybody going by is really sad the see it closed. they are happy to see it back open and love to see what was once held with its entertainment. we make sure is well maintained and nice

and clean. the people look forward to its opening in the coming weeks and we'll be joining part of the community. as maggie alluded to earlier, we've been in touch with sf entertainment commission and their recommendations. i'm sorry, police department coordinating with the entertainment commission to implement their recommendations. >> thank you. commissioners, any questions of the applicant ? >> can you tell me some of your background? have you been working at this place before or a new owner buying the business ? >> we have been in a relationship with the owner of that business.

>> have you been in the business? >> myself not in the business, but the owner, my father operated there previously. so there is a lot of knowledge and interest in keeping this place open. >> so the current staff that, i'm not familiar with the place. i know the location, but is the current staff that you have you are keeping. is there a manager? >> the current staff we'll interview some of them and we plan to bring in new staff going through the whole certification process to make sure cards are issued and bringing in the general manager who has been in this bar business for quite a while. that's why he's one of the partners and he's helping with the renovation as well at this moment. >> so i guess the question is how much experience is the person that's going to be there everyday? >> sure. we will have

employees that have over a decade of experience at least and myself and other partners with a combined experience of almost as long as this bar has been opened. >> the supervisors are going to have at least a decade of experience. we are going to bring in a very experienced staff and to make sure that everyone will be trained properly. so, there is not going to be inexperienced staff running this bar. we don't want to give the impression that staff is placed with people that don't know what they are doing. >> a new business is overwhelming sometimes. >> for sure, thank you. >> commissioners, any other questions? >> do you have bar experience? >> i own a construction company and i build bars and restaurants

for a living. i have been around this for 15 years now. i have been involved. >> other than being a customer, have you ever run a bar? >> i have never run a bar, but i know the whole ins and outs of it from building a bar. >> i have a question for both of you. how do you know who you are hiring if you have no background? >> the people we have hired have over 10 years of experience? >> 10 years of experience where doing what? >> at the moment he's running kiz ar bar. >> it's a sports bar?

>> yes. i will be able to talk to the owner there. >> okay, that makes me feel a little better. >> have you ever worked in a bar? >> i have. >> you have? what have you done in a bar? >> bar tending? >> yeah. >> you have bar tend? >> i have in the past and modeling over the years. >> remodeling a bar does not equate to anything about operating a bar. it's different. >> i'm just saying that i have seen a lot as well. >> thank you. anybody else have any questions ?

>> on your application, you said no that you have not reached out to any neighbors, is that correct? >> we have correspondence. of course like i said with the cbd, laura, we plan to meet with her. our place is under renovation at the moment. so as we get closer to it. right now it's not presentable. we have plans to engage with them to promote, to be part of the community. >> our neighbors are saying that they are also excited about it. >> any other questions? >> i'm happy that you are

hiring a manager. just for the security, how many security officers or guards are you going to have on at any given time? do you know? it's too late now, but bringing in the manager here tonight would be a good idea so we can talk to him or her about this stuff. >> we are talking about escobar over protection services and they have done a lot of work and they can meet with me and we start off with three guys depending on the crowd. checking id's. we start with a minimum of three and assess it as we go along and if we need more, we'll get more. >> you guys are okay with the conditions that the police

department asks for? >> definitely. >> okay, thank you. >> commissioner? >> does any of the owners have lead training or any alcohol training? >> sir, we plan on attending the training. the earliest one is in june. >> that is actually not true. i just wrote 30 people to a lead training and it took me a week to get the date. so, try again. >> okay, we'll do. >> commissioner thomas? >> my question to staff, have there been any complaints or concerns or issues with the previous iteration? >> i didn't see anything in our tracker or previous complaints from the other place of entertainment. >> just so you know, we

would love to see if i -- fiddler's green open and doing well. our only concern is that the operation of the bar is managed well and it should be your biggest concern as well because you have a lot to lose. i mean violations can affect your liquor license which is a huge investment. it can affect your operations. i mean in a lot of ways other than just entertainment. so it is in your best interests to make sure the operations are good. do you have an operations manual, an employees manual. do you have such a thing? >> yeah, we have been developing it. everything you spoke about. >> what do you mean you are developing it. >> with the general manager, we have examples to making sure no one gets

served and policy. >> i suggest you go online and download the manuals. they are all over the internet, instead of someone who has never developed a bar. >> thank you, we have downloaded a lot. that's why we say developing. we have taken many of them so everything you have poen about we are taking a very strong interest to make sure we don't screw it up in regards to the liquor piece. this is not a living moment that we don't think about how to operate the house. we take it very very seriously. okay. anybody else? i open the floor to public comment on fiddler's green. c'mon up. >> my name is dana shively.

i live in the condominium complex in the back of fiddler's green. there are nine condominium units there. i live there in the center of 9 units which from the street form a tic-tac-toe board and i have two children that i live with. i have had a lot of experience with fiddler's green in its previous ownership and have even stopped there for a beer from time to time. i do want to point out, i know it is a cultural establishment, but there are times when it has been extremely loud, particularly on the weekends. i have gone in. i haven't filed a formal

complaints. the late in the evenings. from machine involved in construction, there was a club on the second floor that didn't have an open license. that was the second part of the noise. the other noise i believe was a fan that was related to the cooking area that made an extremely high pitch sound. the people i would talk to them before and they would usually take care of that fan. my intent is not to say, this shouldn't happen, this is too noisy. we don't like this. i want to point out a couple of things. one is i know seven of the other unit owners in our building and i can tell you there hadn't been outreach to our complex that was right outside of

fiddler's green. again, i'm not trying to stop it, but to the extent that there can be the proper rules, construction items or ordinances to be put in place to make sure that this is not unduly, an undue nuisance to the neighbors, that would be great. i don't know anything at all about running a bar, but when i hear that it's going to be open until 2:00 a.m. every night. that makes me wonder, okay, what exactly is going to happen. so under previous ownership, there are probably handful of nights in the warm months when it was ridiculous. it was really really loud. then the other nights it was fine. i didn't have issues with it at all. i would look to all of you especially

the new owners here for >> or the guy that never ran a bar before and lived in orange county and

monitored the operation by a video camera. it is sometimes concerning. entertain a motion on fiddlers green. >> questions for the contractor or have a motion? >> i think that part is over, you need to have a motion and we can discuss it among ourselves. >> i mean, >> if you can't make a motion then don't. >> i can't make a motion. >> commissioners you can entertain a motion to approve or motion to continue >> i like to make a motion to continue this to have the manager brought in since we don't see all that comfort with the questions so make a motion we continue this until the manager can be brought in till the next meeting.

>> we have a motion to continue to the next meeting. we have a motion and second. any discussion? >> so, on this continuance i would like to add that whatever information on sound and want to know-it is a very sensitive neighborhood you are opening the bar and so, 9 units in the back and the biggest thing running a business is when you disturbing them and they call you because that is a part of the good neighborhoods policy, you center to give them a phone number and if it is leaking out of your space they will tell you to turn it down in the middle of a packed house, so it is very importance you bring all the information you can and also you have a outreach to the neighbors. the cbd is all businesses usually. building

owners. >> what you friendly amendment? >> the friendly amendment is >> no dissertation, just a friendly amendment >> bring all the information you can, sound proofing. >> that is your friendly amendment to the permit? that is the friendly amendment to the motion? >> preta much >> does the maker of the motion accept the friendly amendment? >> could you tell me again what it is? >> all the information we are missing. outreach to the neighbors, sound proofing what he is doing to the building. >> i accept that. >> a second? okay, we have a motion and second on the floor. any further discussion? call the roll. >> commissioner frost, aye. commissioner lea aye. commissioner perez, aye, commissioner thomas

aye. >> good luck to you. next item is barbara oakal doing business at bayview opera house for a loud speaker permit from april 5, 2016 which passed through march 17, 2017 to 8 p.m. and 11 59 p.m. i assume it could be every day of the beak. week. >> if i could ask-- >> we are doing one at a time >> if i ask that we open all of e , f and g together and i'll go down

the list to make sense. >> this item is now for the loud speaker permit which i just mentioned, also item f is for the opera house yard and parking lot from july 1, 2016-june 30, 20178 a.m. to 1159 p.m. g is nob nab sidewalks from mckinnon to quesada. commissioners if you approve this this permit can be every day of the week, so -for a year. >> here it goes. so, mrs.

occul is here to answer any questions. let me try to explain what this is because it odd and here in front of you for a couple reasons. one, you can see we are using a loud-speaker permit which we don't normally see in this way but have done this in the past and did for t for the bayview opera house a year ago to use a amplifyed sound permt in a way is odd but i have no other tools. we as a commission have no tools until we create some which we are in the process of doing. be as it may, let me talk about g first. i will ask the commission continue to the call of the chair or in some way direct staff to handle this because we had a meeting

now about 3 weeks ago with bayview station, permit officer rumeres mrs. o ckel to discuss the lay of the land. can you fine the map? do and have the map? this is helpful. what we did is looked and said what are you doing and what do you want to do. the last item, g is one in which i was very uncomfortable because it relates to street closures and a monthly event doing in front of you this way. i ask that you and i know the applicant agreed we can handle each of the events individually as they can come forward which is a manner consistent how we do amplifyed sound within street closures on a administrative level. >> can i ask a question? third

and third [inaudible] >> i don't believe it does. i think she was matching the street closure times, but not-you can ask her. i'm not asking the question and request that you do not make-take action on g. it was on here again so the pack jage made consent before we were able to have a meeting and i should have removed it again because we have agreement how we'll move on the third on third event as they come up. it is much more consistent way to handle that particular event, which stands blocks and blocks on third street. so, that's that issue. >> can we deal with that issue first before you go on? >> my request to the commission

is you simply- >> move to continue, but to the call of the chair >> or in some way direct staff to manage this >> my question if we continue this do we have to follow the same rule frz a poa? >> no. >> thank you. >> alright, so commissioners on item g, can we entertain a motion to continue this either to the call of the chair, or to continue it until a decision by staff? one or the other, guys. >> i think continuing to staff is good enough. >> is that a motion? >> that is my motion >> that is his motion. >> motion and double second. is there no further discussion? is there public comment on continuance of item number j? seeing none public comment

is closed. >> commissioner frost. this is g. aye. commissioner perez, aye. commissioner thomas, aye >> if you want to hear from the applicant on the other 2 since you will be decided on these 2 i'm happy to have her talk to you. she is at the leck turn looking at you about how these work and they have [inaudible] so you can use that as well and you get a sense of what and how we move forward. i just want you all to take into consideration the draft conditions and gave you to take a look at them as she is describing what she is looking for. >> you don't want to make a opening statement? >> i think she will do just fine. >> thank you for the opportunity to speak to you. i want to give a

little background what we are doing otherwise the vast areas of permit requests might be like really confusing and strange to you. so, i assume you have heard about the bayview opera house and what it does in bayview and may not be aware it is closed for the past 2 years because of renovations. now is expected to open up this summer around july or something like that. so, while we have been closed, we still have community events and tried to activate the merchants as well as mune community members through the arts and create positive community action in the area. since our building has nothing available we have held events on mendell plaza which is the plaza-it is a paved over street. there is a [inaudible] at the street level like enclosed in a way but it is

called mendell plaza. the tea thing that goes off that is a community garden and have leased that from the property owner and not ready to develop it at the time so let us use as a community garden and have school clubs in there. we tried for a long time tried having the third on third event which takes place once a month on the 4 blocks of third street to engage the merchants and community members to come to the restaurants, we are all struggling and so on. however, it was not successful in that especially since we still had event area on mendell plaza for the kids who we don't want on the streets people tend today congregate to mendell plaza and performers on the street corners did rnt have customers and it wasn't working well so we discontinued that. now, when the bayview opera house

reopens the summer or fall, we'll brin the third on third event as well as other events to the newly renovated opera house that has a beautiful outdoor stage and gordon around it so it a much more attractive event area. after that reopening we use mendell plaza for occasional events or events that are so large the property isn't big enough. we may also want to we are in the middle of third street it may be easier to engage the restaurants but i will work that out with josh and already discussed that time after time. so, third on third is something we do once a month, every third friday and sometimes the date moves. the

public event is fifen to 8 and get the kids from schools out and participate. we have performers butd loud speaker squz dance music is playing so 2-8 is typical event time. we never go to midnight or anywhere knose close to it. we would like to option if the is one event where we do a festival and want to go to 10 it is nice to be able to do that. it is unlikely we want to do. at the bayview opera house on the other hand we rent the venue out to others who want to hold events and that is a [inaudible] where we will have entertainment permit but also the outside is so much improved people want to go out with lighting and heat lamps out there. it is pleasant state to have larger events and will be possible inside because it only holds

300 people and if you improve the outside you can have twice the size of the event so that is what we want the permit for and would like maximum flexibility to hold different events. we don't have nearly capacity to hold a large event every day and mindful of the fact that we don't want to be a disturbance to the community, we know there are not too many but some residents that live near by that we don't want to bother so we'll work in conjungz with them and the residents are pretty much our friends and we talk to them and they come to our events. it is a relationship and wouldn't put on like a heavy metal concert until 2 a.m., we just wouldn't do that type of thing. it is like jazz or hip hop is saturday afternoon. we don't want to do things annoying to the neighbors and talked to jaus and fine with a loudness level

that is ceptable that can be established we are hpy to comply with that. i'm not into deafeningly loud music and it will give me a tool to keep people from playing that. the bayview opera house is the community sener and want to be able to put on event in our newly renovated facility. >> i have a couple questions. >> i may decide to answer some of them before you ask them, maybe . mendell plaza is the green has a permit that you should see and this is 5166, so the permit package should have a dpw order. it looks like this. it is a lot of words, but what it

does is basically gives the land use authority two the bayview opera house for the plaza because it is dpw property. city property >> so it isn't public space? >> it is public space by virtue of the order the bayview opera house can activate mendell plaza on to their purview for what is essentially like a guess a year. >> does that mean nobody else can? >> it does ntd say nobody else can but it says anyone else who wants to must work through the bayview opera house given this dpw-order. i just want to be clear on that and any conditions in this i'm going attach to any loud-speaker permit we issue to her on mendell plaza specifically.

and then again, there is attached hopefully you can see this other possible condition relative to mendell that includes a level set potentially if amp fiication isn't needed until midnight on mendell in particular we say 10 p.m. for open ended permit and we add some indication of a calendar of events sent to us as well as bayview station because while we do want to give flexibility, we need to know what is going to be happening and it is very helpful since we are the arm as well as the police that we all know what is planned for mendell. and then the other point i think that is important to note is the red which is the opera house yard area,

which is sth other one, 5167 is fenced, is it not? >> most of it is fenced. >> most is fenced >> hourfck, however, there is corner at the nob nub side of the property that used to be fenced but now outside the fence and is a fairly large area. we had large events and sometimes for a third on third event we may want to set up there so we can easily connect to the other businesses on third street. >> a lot of it is fenced is that you can potentially fence had other part if you needed to but the space around the bayview opera house is somewhat different and part the bayview opera house. private in the sense it is to yours without dpw order or order from other agencies for her to do with what she will. what she is ask ing

for us is limited flexibility around that outdoor space and will ask you to remind the applicant again to let us know as the city in advance about what the intentions are and also obey whatever fire code, it isn't open yet, july is the intention for the space, but there were be a learning curve and the fire department will in fact i hope give you a occupancy. i will press on the fact so we know and she is aware of the safe amount of people to have in the space. >> so i have questions for you. um, with regard to mendellplaza, and the public garden bun err but mendell plaza in particular, if we grant you this permit and somebody calls you and says, we want to use it next weekend, are you

using it? we want an event from 5 in the afternoon to 8 at night, will you respond to those people so others will be able to use mendell plaza when you are not? >> absolutely >> i would consider making that a condition of the permit. >> absolutely. >> okay, so if you don't respond to them or violate you will be in violation of the permit, so that is one of the things. as far as the parking lot goes, that area that isn't fenced in, is that your property? >> that isn't a parking lot, it is like a public plaza that was- >> the area in red isn't a parking lot? >> the area in red we are [inaudible] that is all the bayview opera house. part is sth building and part is the

yard used for the performance stage and like garden area and one quarter on the upper left is a parking lot. everything in red is our property. >> okay. that's what i wanted to know. so, if we grant you the permit for your yard and parking lot, how will you control a area that isn't fenced in? >> um, you mean how would we control in terms of people sitting there? >> yeah, like you want to do an event so you only use that for parking? >> no, >> the little triangle >> the little triangle isn't a parking lot, it is a publicplaza not designed to be used for parking at all. it is like part of the sidewalk. it is like a extra wide sidewalk >> but it is your property?

>> yes. >> you are asking for a loud speaker permit for the entire area in red including the area that isn't fenced in? >> correct >> so in this area in red you want to be able to rent it out to people, do special event up to midnight or sometime there after, is that correct? >> yes >> if you rent out the whole area including the area that isn't fenced how do you intend to control the area that isn't fenced? how do you control people that are part oof the event from getting in there? >> if you want to have an event that is private event you probably wouldn't use that space. we want everybody to participate. if you have a private event you put it behind the fence. >> that is a public space? >> it belongs to us but open to

the public someone can sit down during the day. >> i just want to understand. why do you want this ongoing permit until midnight, just curious? >> why do i want toto midnight? >> yes >> because i think occasionally our event will go past 10 >> if we gave a permit that went to 10 o'clock it is okay if you came to the entertainment commission for the extratwo hours? >> we can make it all you do is go to jauslen. >> that would be fine. >> and then on mendell plaza you said most events are 2 to 8? >> our events. if you want to include other peoples events and sometimes occasionally one till 10. property once or twice a year. >> okay, thank you. commissioners

anybody else? >> jauslens question is enforcement, say this is on going for a year but is there any temporary stoppage if they get so many complaints because i don't see any-it says illegal activities but if they get nukeerous complaints over a course of the year, is it revisited back to us or- >> so, we don't have a context in the police code to revoke a loud speaker permit, it doesn't exist now and that is a problem that we are trying to mend but don't have a fix now. we have enforcement here in terms of citations, we can ask the sfpd for assist. i don't know if this particular situation

rill will require that. >> midnight or if it bothers the neighbors it is still the noise- >> there are ways in which we can try to work with other agencies as well thaz tools that we have to try to mitigate noise, but if you are asking bet revocation the answer is no, we don't have a way to revoke. >> once we approve the activity we monitor- >> which is why we ask you to consider conditions. >> commissioner lee, we have done this before for otherplaza's and other places throughout the city >> we did it for this particular mendell as well. we had no complaints. >> was it for a whole year? >> we did it for a whole year. i think it was the same thing. >> third on third has been going on 3 years >> we did a permit very similar

on mendell last year without problems >> and had the permit for third street. just pointing out there was no complaints >> any other commissions have questions kwr ? >> you mentioned the police department, what did they say? >> we met with officer rumeres at bayview station and she was in concurance with all of this conversation. she is happy to have order to some of the chaos because she is confused sometimes. we want to activate mendell plaza and bayview opera house but want a sense how we move forward and want notice so that is what these conditions will allow. >> commissioners, anything else? why don't you have a seat. opening the floor to public comment on the loud-speaker permits e and f

for the bayview opera house. seeing no public comment, public comment is closed. commissioners i would like someone to entertain a motion for mendell plaza loud-speaker permit to end at 10 p.m. just as it says in the suggested conditions. about the monthly calendar being paramount and our sound inspectors set db levels for the outdoor events. now, correct me if i'm wrong, the code says the events shouldn't be heard 250 feet away but in physics that is impossible to achieve because all kind of things can

effect sound. clouds, fog, whatever. so, i would like someone to entertain that motion and then-can we do this together as one motion? >> i rather you do it sep rat because there are 2 seperal permits and separate location squz give separate possible conditions to work with. >> on item e, mendell plaza entertain a motion >> like to make a motion we approve mendell plaza with the conditions as identified by staff that the applicants abides by all conditions in the dpwordser and the sounds inspector sets the level and ampication ends at 10 and monthly calendar sent to the police department and commission. >> we vamotion, do we have a second? >> second. >> motion and second.

>> question? it says here on the green agenda it starts at 8 a.m.? we set 10 p.m.-can we set to 11 a.m. >> what is the logic? >> um, so it isn't too early so the neighbors are going to be inconvenienced. >> so, i mean just to tell you that in my experience attending street fairs in the city like pride or folsom or chinese new year, when they set up they do sound tests and you can't do a sound test unless you have a sounds loud-speaker permit. i heard from staff the applicant says she is

fine if you amend back to 10. there is a friendly amendment to 10 a.m. for mendell plaza. accepted and second acceptsism we have a motion and second and accepted amendment. call the roll. >> commissioner frost, aye. commissioner lee, aye. commissioner perez, aye. commissioner thomas, commissioner joseph, aye. >> go for it. item number f. item f is for the parking lot and yard . >> can i ask a question about staff conditions. no music is allowed on the nob nub is that for the triangle identified for the map >> it was more along the lines and don't think i worded it well, if there

is amplifyed sound is not face that direction because there is i think senior housing facility on that side. that is correct, so that is something the applicant agreed to. i wasn't clear in my condition, sorry. >> so if you would to amend that condition it should say no speakers shall face newcom b avenue. >> would you like a motion? >> i make a motion to approve this with the conditions developed by staff that the sound inspector set noise levels that there be no speakers facing newcome street side and amp fiication to end at 10 p.m. accept for one time a

month until midnight as noted and amp fiication to start at 10 a.m. and a monthly calendar to be sent to police department and entertainment condition and fire department occupancy to be obeyed once issued. >> great, we have a motion. do we have a second? motion and second. i would like to correct the wording the amp fiication isn't to start earlier than 10 a.m. instead of not to start at 10 a.m. >> do we want the word notice or approval when it says one time per month with notice to sfpd and entertainment condition or approval? >> tonights approval and so if there is-i don't know how i would give a secondary approval from a policy standpoint. >> it would be notice. >> it would totally be