density, things like that. and then i'm going to send out another industry bulletin, i'm going to fold it in with the announcement of the new permitting rules. so that will be a quarterly bulletin that will come out in the next month or so. that's all i have for now. just try to be full steam ahead with some of the really large projects. >> questions or comments from commissioners? thank you. item number six, police department questions and comments? do we have any? no. all right. moving forward to item seven, hearing and possible action regarding applications for permits under the jurisdiction of the entertainment commission. the first is the consent

calendar and then the regular agenda. would you like to present the consent calendar? >> yes. we have limited performance from venice pizza. we did not receive any complaints for that location. the police department signed off with no issues, very basic conditions. we have hockey haven at 3625, going for a billard permit. this is in the outer richmond, so therefore they're both on consent. >> great. any questions? all right. can i get a motion to approve the consent calendar? >> i make a motion to approve

the consent calendar. >> is there a second? >> second. >> all right. made and seconded. >> commissioner frost, commissioner lee, commissioner bleiman, commissioner caminong, commissioner perez, vice president thomas. thank you. >> and now the regular agenda. okay. so on to regular agenda, the first item is for pandora karaoke, place of entertainment permit, these folks have been operating with a poe, pandora, just a couple blocks from the location for quite some time. they're just moving and expanding. here to talk more about it, go ahead guys. >> good evening commissioners. i have the pleasure of being with tim choy, one of the

principle founders of pandora karaoke. they operate a very popular karaoke place and recently had the opportunity to relocate to 50 mason street into a building being renovated, still has some construction being done currently. the original model was a restaurant type 47. and karaoke lounge. the newer model will be a bar karaoke lounge with 15 rooms and have windows on the doors so there's a lot of transparency. in addition, there will be survivance cameras monitored by their security. we're going to adhere to the security plan we have adopted one. these folks are seasoned veterans and know how to manage

their club very well. we'll follow the good neighbor policy in current form and should it be adapted or split, we'll follow it to the letter of the law. we are open for questions. we've done a lot of outreach as you can see in your packet. we have also --- we found a formula that works for this business is they have gone out and reached out to the nonprofits in the community and partnered with a lot of events that raise revenue that goes back into the community. you can see they're very popular. this form has worked, they're really, really happy to stay in the tenderloin in which they're known as a good operator. very effective. and we're here for any questions. tim can answer anything operationingly. >> any questions from the

commissioners? >> i do have a note of public comment. i don't think there are any questions from the commissioners, so thank you. i've got a card for public comment from michael noltey. anyone else? all right. two minutes please. >> can i have the overhead. i'm the executive director of the alliance for a better district six. on the overhead is the good neighbor policy. i think it's very important to know when you have an established business and they do follow the guidelines, that if we want them in san francisco. and at circumstances they have

to be relocated, it's not their fault and we want to keep them in business. i'm not sure if we see in the packet, i wrote a letter of support. i think that not very often do i write letters of support because we normally have problems with business owners that basically kind of want to pull the wool over the community and just want to do what they believe is get a liquor licence and business licence and whatever the kind of licences they believe they don't necessarily get the right kind of people in the community to get the permits for them. in other words we have like a special use district north market special use district and people trying to get liquor licences and they're not allowed. and it makes it very hard to try to keep up with the letter of the law. and a lot of times we have to

educate the business owner that they went the wrong route to try to get a businesses. in this case they do all the right things and continue to and we support them and we wish you give them their entertainment permit. not only have they done all the right things, they continue to do the right things and have become a role model for other business owners. thank you. >> great. thank you. any other public comment on this item? all right. commissioners? >> through the permits, it's an ongoing operation, i don't have any problems and i don't think we have heard problems from pandora. >> you have an impressive collection of letters. >> i motion to approve permit. >> i second. >> just to be clear, with pd conditions. >> yes. >> commissioner frost.

commissioner lee. commissioner bleiman, commissioner perez, and vice president thomas. >> aye. >> it's passed, congratulations. okay. last permit application of the evening is for underground grill kings at 2543 noriega street, the outer sunset, a place of entertainment, also a karaoke place. we do have some limits from pd that are being recommended for hours of entertainment for this location. and so let me just pull those up. sorry. back of your file. it looks like pd is requesting entertainment be limited in the following ways, sunday through

thursday end at 11:00 p.m. and friday and saturday end at 2:00 a.m. and so just to give you a little bit of background, underground grill kings was in operation doing karaoke without a permit. they are coming into compliance. they had had some neighbor issues and some issues with pd they have been working on resolving. and we do also have a letter of note from supervisor katie tang in your file to take a look at, she is requesting some hours limitations. hers are a little more sten get, she's asking for 11:00 p.m. stop and 2:00 a.m. for friday, saturday, sunday. they did get a good deal of

signatures from supporters of theirs in the files as well. so i'll just let the operator speak to you directly so you guys can come up here. danny mak and yan wai chan. >> hi. yeah, so we were operating without a permit because i didn't realize we needed one. we're new to doing business, it's our first business. we're happy to work under those conditions that maggie has pointed out, the hours -- we could do monday through thursday to close at 11:00 and weekend keep it at 2:00. we have a lot of supporters from

the neighborhood, too. we want to provide a safe and fun social space for the community and we have -- we currently have one room and most of the karaoke singing is being done outside in the dining area. so it's very transparent for everybody and we have -- we're going to have on site security hired, outside company actually. we're hoping to keep everything safe and, you know, add to the night life of thetlife of the d and -- yeah. >> do you guys currently have a liqu liquor license. >> we do currently have a liquor license. >> what type is it?

>> it's a type 41. >> and you're conditioned to sell liquor all the way to 2:00? >> yeah -- >> beer and wine. >> yeah, beer and wine. >> and just looking at your floor plan, the karaoke room in the front room, what's between -- i mean, your keep your door shut or do you have a curtain? >> we have doors. >> one door? >> one door. >> because when people have the smoke. >> yeah, people go outside to smoke. >> so there's going to be a doorman to keep the door shut? >> are you talking about the door -- the entrance to the premise? >> the entrance to the dining room? >> yeah. >> if we read, there's complaints about the system being so cloud.

sometimes, systems have these limiters that control how high you can play your music in there. so are you having a controlled operator? >> we do. >> so somebody -- they write down the song, give it to you or is it all self- -- >> no, it's a self- -- it's a touch screen, but we have the amplifiers inside the control room, sort of, so we get to control their volumes and everything -- height volume and the music volume. >> you have a separate room. >> yeah. >> that the public can't touch? >> yeah. >> and have you done any sound proofing at all? >> we have looked over it, and we have -- we've actually -- we took out the speakers, and we've -- i think they've, like, separated the speakers from the wood and that's supposed to help it. >> the bass.

>> yeah, just the bass. i think the complaints were about the bass and not just the music it telephone, trembling. >> sometimes, karaoke can be the mic. >> we can't had any complaints. >> you realize the inspector will have to go out and set the level. you cannot go over that level. >> yeah. >> how long were you operating without a permit in. >> i think for half a year, maybe. >> so for six months without a permit, and -- >> as soon as we found out that we were supposed to take those steps, we actually closed the whole store down. >> did you have a lot of neighbors complain? >> no. actually, to my knowledge, we had, like, one neighbor that was, yeah, complaining -- actually, me and my partner

went around the block and went from door to door, and the people that were home at those times were very supportive, and we have a lot of signatures from the businesses and residentials. >> you offered to go inside and take test levels at people's homes. they don't normally allow you to do that. >> yeah. we had the west coast sound people, and they were asking me to ask them if they could go in and see the sound, where the problem is. >> was that, like, next door to you or something? >> yeah. it was the next door. >> do you share a wall? >> i don't think how we share a wall, but, like, i don't know how the sound gets through. >> you have sky lights in your -- you have sky lights in your -- >> we do, but it's shut all the time, and it's -- >> but it's clear, right, plastic through? >> no.

we have -- actually, we've put sheet rock over the sky light. it used to be a sky light, but we've kind of covered it up. >> okay. well, there'll help. >> i have some questions. it seems like we've been recommended two different sets of conditions, one by the police and one by the supervisors. the supervisors are asked that you discontinue karaoke by midnight on friday and saturday. the police are saying that on friday and saturday you can have the karaoke until 2:00 a.m. are you okay with the supervis superviso supervisors' suggestions, or would that limit your ability. >> it would, because we open at 6:00, so if you limit our hours to close at 11:00, that would

hurt the business a lot. to my knowledge, a lot of people start going to the karaokes around 9:00 or 10:00. it just seems pointless to me -- >> so are you a restaurant? >> we are a restaurant. >> so you're serving food. >> yeah, we're serving food. i think 2:00 would be more reasonable. i think the weekend, i could cope with 11:00 or 12:00, but weekends, yeah, that's really going to hurt the business. >> well, i mean even if you shutdown, there's last call at 1:30, you have to be -- abc, everybody has to be out of the building by 2:00. >> right. >> so would you have enough time to get everybody out by 2:00? if you stop the music right at 2:00, people are going to still

be hanging out at 2:30. >> yeah. that's why we have the hired security, and that's basically what this job is going to be like. we're going to shut off the music around, like, 1:30 or somewhere around there, and we'll have him just trying get everybody out safely, right. >> they've got to pay their bills. >> right, right, right. >> i'm just a little curious, too, with your interactions. it seems like this one neighbor could make or break this, and one neighbor, in my experience with my business has the ability to make your life very difficult if he or she wants to, so i'm just very curious what's your plan with outreach for this neighbor going forward, what's your plan for mending the bridges and for fixing the issues that you're facing? >> commissioners, just want to jump in with a little bit of background on that one neighbor. i believe they moved, which

doesn't totally excuse it because they're within a neighborhood commercial district, so there could be future -- >> if you could see that the new neighbor that moves? >> they had to go through a process to even come to our office to apply. during that process they were required to do a mailing, and at that time, they were expecting to receive some protests from that neighbor. that neighbor moved, so that's that. >> okay. and the only -- the only -- correct me if i am wrong, but the only -- the only letter that was written with concern was supervisor tang? i can just probably say i'm probably more comfortable personally with the police conditions. i think, you know, supervisors often have a number of different concerns, but the police, often, to me wiare the

ones that i want to take most often into account. >> commissioner perez. >> so in moving forward in the future, what would be your procedure or your process if and when a neighbor complains about the noise or people loitering our something about your business? what is your policy how to resolve that? >> well, we'll look into problem, of course, right, and then, we're actually going to do the sound proofing and just the make sure that we're not disturbing anybody and we're keeping the streets clean. if people like to smoke outside, we always sweep the floors and everything. so -- we're always here for the neighbors if they have any complaints and stuff. you know, and i've -- i personally know a lot of the people that live there, businesses and the residentials. >> so who's responsible specifically on answer the call

-- answering the phone if there's a call about. >> i would be. >> and your phone number would be listed on your website for people to call? >> yes. >> okay. >> so are you planning to do more soundproofing? >> i think it's -- i think the soundproof people will have to come out from entertainment to tell us more about it, right? i think -- we have done the soundproofing already, though. >> so you've done it already? >> yes. >> 'cause i wasn't sure if you were planning to do more soundproofing. >> if needed, i would do it, yeah. >> i guess it would depend on sean. if they can live with the level he set. if they can't live with the level, they would have to do more sound proofing. >> right. >> right, because the level will be set based on essentially what you've already

done, so the more soundproofing you do, the louder it can be outside as long as the sound doesn't escape. but if there's not much soundproofing, then the sound inside will have to belower. >> yeah. >> i had a question about your security plan. it says you're still deciding whether you're going to be using in-house security or outside security? have you made a decision? do you know what you're doing for your security plan? >> yeah. we'll be hiring another company for security for our place. >> and have you hired that company? >> we're still deciding between the two. we're trying to get a better deal, i guess. >> so you're only going to have security on the friday and saturday nights? >> on the weekends. >> yeah. >> did you get an opportunity to talk to supervisor tang? >> i have. >> okay. just because we have one neighbor on record that had filed complaints, and that

neighbor moved away, but from supervisor tang's letter, she's stating that there's multiple neighbors that had contacted her and made complaints about your sound. so can you just tell us a little bit about your conversations with supervisor tang? >> yeah. so i went to meet her, and she told me about the -- the other letter that was sent to her, and i thinks think i took a lo, and it says it was this other neighbor, but it's funny because at the end of the letter, he stated that he only wrote the letter because he's heard this from his neighbors, so that was... >> i still think it would merit a response. >> right, right. i mean, i'm here to, you know work it out with the neighbors and everything. even with the one neighbor that

was complaining, we were constantly, you know, calling him -- not too much, to, like, say we bother him and stuff, but trying to work everything out and be compliant to everything. i do think that a supervisor represents her district, and if there is he aa series of complaints, not just one or two, that you should be able to present to her, you know, if you have all these signatures that people are in support, you should be able to have this conversation. i'm surprised, though, that she would feel very strongly to have you end the karaoke at midnight if the police is making the recommendation that you go to 2:00 a.m. but if neighbors are complaining to her and she feels strongly about that, that's strong that we take into

consideration. [ please stand by ]. >> some, about ka block away, the 1900 block of, i think it is 31st or 32nd avenue, if memory is correct, the ones that would butt up on the -- or be on the back yards of where your club is would be somewhere between 1800 and 1850 of 33rd avenue and 1801-1849 of 32nd

avenue, and there don't seem to be any addresses there. those would be the ones that would seem to be mostly impacted. it does seem you did outreach to a bank and a salon. chances are, they're not going to be open at midnight, so you're probably not going to bother them, but the neighborhood, the ones that i said their back yards or back doors or children's bedrooms would be affects if music or noise is coming out the back door area. >> so when we were doing the neighborhood sweep, a lot of the people weren't home, so actually, we went two times,

but -- >> i appreciate that. they like it, because obviously, just like any type of entertainment is good for the neighborhood, but the people that are most affected, have you thought about writing up a flier in different languages so that when they don't answer the door or if they don't seem all that interested, that you can leave a flier with them so that they can read it, and a contact number for you, because again, they're the ones that are going to be the affected, the first half of the block on 32nd avenue, the west side of the street, and then, the same on

33rd avenue, the east side. those are going to be the ones where the music's going to be in effect. and since we do have a couple of -- the supervisor wanting some limitations, and the li police department actually wanted until 11:00. originally, you said you didn't have a problem with the restrictions. would those restrictions be okay with you? >> yeah, i would be fine with those. >> okay. thank you. >> any other questions or comments? >> i mean, i think -- so 33rd -- it's pretty quiet. you'll probably be the only thing turned on that night. and i think the concern is they want entertainment there, but you know, the neighbors have to kind of, like, get adjusted to

it, and there are a lot of neighbors that are out there that are scared to complain for other reasons, so there's got to be -- you're kind of the trail blazers for having music there. i would be wondering if you would be willing to have it to 1:00 a.m., and six months, come back, maybe we give it to 2:00. i understand 12:00 might be a little bit cutting it. you don't have to kick everybody out, you can just play background music until 2:00. it would be a lot less pressure for the neighbors. other than that, without going to the neighbors' home, how are you going to know about the neighbors? >> yeah.

this is karaoke music. this is not like live band rock and roll music. >> yeah, but it'll get loud. it'll get loud. i understand, but the -- obviously, the supervisor wouldn't write -- if it was just one complaint, you know? but if there's a multitude of complaint, they don't just want to file their own complaint. like commissioner cameron said, there's a reason she wrote the letter, and it can't be just because of one or two people. in light of that, you still have to go through the sound check. >> of course. >> you're going to have to go through and see exactly with the sound check, maybe nobody will hear you anymore. we don't know until you at least give it a shot, but maybe at least conditionally. unless you guys think differently. i'm just thinking -- we want more entertainment in these areas, but they're not used to it because it's very quiet out there. so unless you -- that's my

comment. >> okay. are there other questions? i'd just like to say with with karaoke, i don't think it's the bass sound that's annoying and piercing to people, i think it's the singing and the volumes that they're singing. >> we can't control that singer. >> all right. well, thank you, and let's have some conversation. >> okay. >> yeah, i just want to say, i think supervisors are cautious and they're careful, and i think they're trying to please a number of different people. and i think to me, personally, the police have spoken here. the police are usually the -- traditionally the group that's a little more conservative, so me personally, i would be more comfortable just going with the police recommendations here, and if there are enforcement issues that come up later, then we'll handle those, and we can revisit the thing. i don't want to -- and -- but

that's my personal feeling, so... >> we have public comment? is there any public comment on this item? seeing none, public comment is closed. thank you. was that a motion, commissioner -- or is there a motion? >> i would like to make a motion to approve this permit with the police department's condition, with the entertainment from saturday -- thursday to saturday ending at 11:00, and friday and saturday ending to 2:00 a.m. >> i second. >> a friendly amendment, doesn't it say sunday to thursday at 11:00? >> i'm sorry. i thought he said -- >> and friday and saturday until 2:00? >> yeah, that's what i meant.

>> i second that. >> all right. any conversations? all right. then let's move for a vote. >> so that's the only condition. the other condition that's on there, we did not talk about. >> well, 12 -- >> no, no, no, there is another -- kind of silly. >> that beer and liquor must go through -- >> yeah, that's a lengthy issue. >> if you guys are okay with it, that's okay with me. >> well, we have to vote. >> okay. move for a vote. >> i actually agree with supervisor lee -- i mean, commissioner lee. >> let's take a vote. >> who was the second? >> commissioner frost. >> all right. here's the vote.

[ roll call. ] >> okay. it passes. >> all right. so that -- that passed. you have your permit, but please take our concerns seriously and the concerns of the supervisor, and we very much hope that we don't have to have you back here at any time, really, but certainly not within the next six months. so please be a good operator and take care of your neighbors. >> sure will. thank you. >> okay. that is agenda item number 7. moving onto agenda item number 8, discussion and possible action to adopt written comments and recommendations to be submitted to the planning department regarding a proposed

residential project. this is our rdr calendar. director weiland. >> this is an rdr for 1525 pine street, and this is for a proposed residential and retail project. if you will recall, this is also the same address as grubstake, which is an extended hours premises permit, so you will see the owner of grubstake here, nick piggett. this is located within 300 feet of play land, which is a permitted place of entertainment. >> we just have a quick overview of the project.

gr okay. great. good evening, commissioners. alexis peloni. the project sponsors asked that i give just a brief overview of the project before i turn it over to randy walldeck. he'll talk about the akucoustil analysis. it's the current location of the grubstake, and as noted, the sponsors are the current owner of the grubstake restaurant. they're proposing to demolish the existing cable car system and replace it with a residential unit. the project sponsor also intends to replace grubstake on the site and has promised a

design that will hpay homage t the old cable car. its frontages is on both payne and auste and austin. there is one bedroom on pine or austin, and the remaining bedroom will open on a proposed light well adjacent to the well. on the fifth floor, the billion steps back a little bit, and there is a deck for the fifth floor residents, and on each floor, there's at least one bedroom that will open onto pine street or austin alley. so this just quickly shows the

ground floor and what the refurbished grubstake will look like. here, again, you can see the cable car theme that will run through the proposed development. and then finally, and most important to the matter before the commission is the exhibit that shows the proposed project in relation to the two venues. that is the reason why we're here. so before turning it over to randy again who will discuss the acoustical analysis, the owners have reached out to holidayinn and play land. play land did not express any concerns or put anything in writing, but in general, they are supportive of the proposal, and i'm going to turn it over to randy to talk about the acoustical analysis. >> thank you. again, i'm randy walldeck with the cfda here in san francisco. i did the acoustical analysis

with my staff, and that consists of kind of a standard acoustical analysis, and you measure not just during the week to see how noisy it is but also over the weekend. so we did that. we measured in october, starting on october 19th, which is actually a thursday, and we ran the measurements through monday, the following monday. so we picked up all the weekend hours. obviously, as she mentioned, there's a couple bars close by, but not right next door. long story short, what we found, noise levels aren't that much different on a friday versus a weekday, and a lot of that reason it's on paine street, and pine street's

pretty noisy to begin with. we did do the measurements for almost 96 hours. we then -- the little small -- i think we got it flipped. but we did a measurement on pine, which is in blue, and we did a measurement on austin alley, as well. obviously, pine street is the noisy one. just to give you an idea, i super imposed the mitigation what will be on pine street for the windows and facade element. at the restaurant level, you do have some requirements from cal green to protect it from noise. obviously, the residences what matter, and that calculated out to an sd-42. the max windows you can buy these days is a 50, so you're pretty high up on the ratings. again, there's some over night noise, but it's just pine street's busy, and you've got

all these businesses bouncing the noise back. i'm happy to answer any questions about the study, and i don't know if it was submitted, but i'm happy to supervise it, as we provide it, as well. >> any questions from the commissioners? yes, commissioner perez? >> hi. thanks for coming in. so right now, i don't think the restaurant on the ground floor has a permit -- an entertainment permit? >> they do, an extended hours permit. >> so are you doing any additional soundproofing between the first levels and the rest of the floors? >> yeah, we didn't gotten there yet, but the part of my scope is of course dealing with what we call architectural acoustics, so we will be dealing with that, absolutely. >> but you're not running entertainment, you're just

serving food, food late, right? >> but in the future, they might potentially do limited live. we don't know. >> yeah, later. >> and i guess there's no -- are there windows facing -- >> the grubstake is entertaining on its own without needs for a permit. >> are there windows facing polk, or it looks like it's just wall, right, wall with a light well? >> a number of the upper units will have facing windows. >> but they're not facing up above the roof line? >> they are. >> they are? >> polk? >> folk. >> any other questions? >> i'm just -- no, i'm

just...oh, yeah, ill ac'll get that. so the -- you know what the -- obviously, say, the windows on the upper portion above the roof line, you're going to probably do standard 50 -- what were you thinking for the windows? >> i got it. the windows and the light well, i didn't include all the stc ratings. the light wells are the mid30's for the light well windows. >> 30's? >> 'cause they're not -- the thought process behind that is the exposure's similar to the meter that was on the alley because it had line of sight to polk from the alley. we typically do a pretty good model to be sure. >> and these windows, can they open the windows? >> if there are bedrooms, they have to be probabop rabl.

>> -- operable. >> okay. >> so any bedroom or living room has to be operable for egress. >> and the -- okay. the full disclosure of being that it's kind of not officially entertainment zone, but the people who buy will know that there's going to be a lot of verbal noise from people at 2:00 in the morning. >> it'll be rental units, and our intention is to hold the building, so we have all of those thoughts in mind because they'll be our tenants. >> a lot of times, tenants will complain with their windows open, and then, we get a flood of complaints. we can only justify if the windows are closed, so as long as you know that. >> so a couple comments, and we haven't gotten to it, but any project that we work on like this where we're in a noisy

area, we always acknowledge part of the lease language acknowledge what they're signing into, so it's made clear to them, when their windows are closed, they're still getting fresh air. >> as long as they know what they're getting into. we just want to make it clear that there's no future complaints. we got a lot of these future complaints. and then, the lighting, you do have a lighting plan on the outside of the building to keep the sidewalk or in front of the building well-lit, part of the plan? >> not yet. >> okay. can you put that in part of the plan? >> sure. >> we usually recommend that, especially when there's a lot of people walking around. >> great. absolutely. >> any other he requesquestion commissioners? all right. thank you. is there any public comment on this item? >> thank you. >> no public comment? public comment is closed.

commissioners. >> well, i move to approve the -- or make recommendation to planning. i want to see them have a lighting plan instead. they are planning on telling the tenants that they are moving into a little bit of a noisy neighborhood, and if they keep their windows open, they're not going to take -- likely to take a serious complaint if their windows are open. anything else that i missed? >> no. i think that's it. all right. that was a motion. was there a second? >> i second. >> and a second. we move to a vote? >> okay. [ roll call. ] >> all right. congratulations.

i'm very sad to see the grubstake close. a lot of history in the spot. >> it'll be coming back. >> the neighborhood won't be the same, but it'll be exciting. >> thank you. >> okay. thank you. that's item number 8. item number 9, review and possible change the conditions for hue, located at 447 broadway. >> okay. commissioners, if you take a look in your file, there's a pretty hefty amount of paperwork. everything from our previous hearing is reincluded, and the front of the paperwork, you will see documents from the entertainment commission. basically, the permit as it stands so 235far, the affidavi from the board of appeals so you can reference that as it's in the permit, hue's timeline

as the inspector has updated. administrator timeline, and in the back is the new sound abatement test results, new from august that they've been complying with based on the board of appeals decision. and then there are a decent amount of documents here from mr. montoya, as you had requested, in regard to their soundproofing and sound mitigation plan, and then, there's a lot of letters in there of support that were really from previous hearings, the board of appeals hearing that they had gathered. you'll then see newer documents from the police department. so i know it's a lot to go through. there's also letters from the neighbors, the diamonds, in

particular, as well as dominick lemandry from the cbd, so let me know if you have any questions from that. just to refresh your memory from our previous hearing when we had to continue this, the permitee was asked to come back to commission today, you know, with a letter of recommendation including data from an independent sound expert or company. the sound mitigation plan, provide copies of that plan and notification to the neighbors, and also documentation in writing of security management. so here to discuss a little bit more is mr. bloom and mr. montoya. [ inaudible ] >> thank you. >> thank you. >> my name is robert bloom, and good evening, commissioners,

and good evening, staff, and thank you for hearing this. and i ask your indulgence of my limitation now. i had surgery, and my right leg isn't working so well. and also impacts how i'm able to dress. so forgive my semi formality. i'll try to be brief because i know you're familiar with the circumstances, but there are some things i would like to highlight. mr. montoya and his wife, karen king, opened this club. first, it was named atmosphere, for several years, in 2008, nearly ten years ago. i believe the record will show that he's a responsible and responsive owner. he's a good neighbor, and he does care about the community, and he does care about the

neighbors. for a period, there were four successive captains in the central station. for a period of four years, there were no violations, no warnings, no problems. beginning in 2014, new captain took charge of the central station, captain lozar. that led to some problems, and i'm not going to go into the details unless, of course, you want to know about them. i'm happy to tell you about them. as a result of some of the actions of captain lozar -- and again, i'm not going to go into

them -- this commission was given information that there were a number of violations. there were evidentiary hearings before an administrative law judge in the context of an abc hearing. of the 52 alleged violations, eventually, the appeals board of the abc found that 4.5 of the 52 were sustainable -- less than 10%. 8.5%. they recommended no punishment. found it was not a disorderly house, and there have been other proceedings, however, other proceedings are pending. i believe it's fair to say that one of the, perhaps the most important and most significant

impact before this commission was the fact that there were some 52 allegations. let me backtrack. one of the things that captain lozar did is he stationed a manned police car either directly in front of the club or directly across the street from the club. one of the consequences of that is whether there was any activity, fights, disorderly conduct, anywhere on that block, the very busy 400 block of broadway, the complaint to cad was attributed to this club. i believe that was an important factor, and the findings of the administrative law judge and the abc appeals board rejected

almost all of those complaints. excuse me one second. as a result in june, and then, effective in july, this commission limited live music after midnight i will tell t. i will tell the commissioners, and surely, you can understand, it has been devastating to the business of this club. the reason i attached or represented to the commission six or eight letters of support from the african american chamber of commerce, from the naacp, and a number of organizations who have been served by this club, by mr. montoya, by his wife, and we've

donated time and donated moneys from this club. he is indeed, a good neighbor, and this club is a good neighbor. when we were here last month, on the 5th, particularly commissioner lee, had a couple of particular issues. and one was noise and two was relationship with the neighbors -- i'm summarizing. there has been significant progress with regard to noise issues, and within the packet, miss weiland is work that has been done by a highly respected sound engineer, kevin connor, and his cv and other information with -- and other aspects of his credentials are presented -- are before you.

his company is known as bay city, and there's an invoice that is before you. most recently, the work was done as recently as five days ago, and mr. montoya can give you more particulars of that. kevin is not here. he is unable to make it because of other employment engagements, but he 134submitta report, and the report is before you as to the work that has been done. i -- to the extent that there are further details with regard to noise abatement, i would defer to mr. montoya, who is obviously here, as are other people, who will identify themselves as they speak. so let me leave the noise issue

for a moment and address the neighbor issues. i notice that in connection with a different issue, two of the commissioners, commissioner frost, and i believe it was commissioner perez -- i'm not sure -- and at one point, miss weiland asked if there was comment, is it one person complaining? and we found in this case, although there are people who chose to buy condos within walking distance, 20 yards, 20 steps of ten clubs, only one of the prime -- and i understand it to be somewhere between five and eight other condo owners, the only condo owners who complained are mr. and mrs. diamond. whatever their reasons for complaining, i don't question, i don't have any information. i don't question their motivations, but it's curious,

and i've noted with interest that, as i mentioned, that the question regarding other clubs and other issues isn't one complainant, and we really hold there, too, it's husband and wife. and i would ask the commission to take note of that. now they called -- they've called inspector burke on a number of occasions, and he went out, and he found in terms of noise complaints, the club was operating within the complainant levels. i want to interrupt myself and go back. when the midnight limitation was imposed on the club, total compliance. at no time has there been any complaint that there's been any type of live entertainment that has took place after midnight. it's been very costly to their

patronage. both their patronage and their corporations of private rentals, particularly during the holidays, it's been devastating. but despite the devastation, mr. montoya and his wife and the club have been 100% compliant on the limitation that was imposed upon them last summer. back to the neighbor issue. mr. mr. montoya has send two, maybe three e-mails to the diamond family, explaining the work that has been done, explaining the ongoing work, and explaining what needs to be done. the club and mr. montoya, and miss king, his wife, with a positive force in this culture, in this community, of the