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tv   Government Access Programming  SFGTV  November 6, 2018 2:00am-3:01am PST

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actual violence on the street or anything like that or altercations. sergeant matthias might be willing to comment on his perception of this, as well. thank you for your time. we're here to answer questions if you have any. >> president hillis: so we will open this item up for public comment. as jonas mentioned, we're going to limit this to one minute, seeing this is the second time we've heard this item. so, do we have speaker cards? i'll call some names. carl prescott, stan hayes, judy irving, dana taylor. if others would like to speak, you're welcome to do so. just line up on the screen-side of the room, and if your name's been called, you can approach in any order. >> good evening. thank you to having us. my name is carl prescott.
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i operate two businesses across the penthouse building. i am the victim of that bombing. they put a bomb, the organization, the cousin and manager, they put it in front of my building. damaged my doors and siding. they have been investigated by i.r.s. and they've been found guilty. to this date, that has not been fixed. this is a horrible business. this is a horrible reputation. people are afraid to come here because they might be facing some kind of unpleasant situations like me. broken car, windshield, and stuff like that. and oppose it, because that would --
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>> president hillis: thank you, sir. >> under the club's same owner -- >> president hillis: thank you very much. next speaker, please. thank you. mr. hayes? >> thank you very much. i'm going to speak very quickly for my minute. we didn't think we'd be able to speak today because the hearing was closed, so we asked people to send e-mails to you, 40 against four. and 122 new pages arriving last night, we urge you to think about continuing this item. in any event, our position is clear. with others, many organizations, we oppose the extension of the penthouse hours to 4:00, and we strongly support the planning staff's recommendation to disapprove this application. you asked for data last time. we tried to get the data for you. i'm not going to be able to go through it the way i'd like here, but i want you to know for the nine-month period through september, what found were in the newspapers, aggravated assault, robbery, burglary,
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including an incident involving gunfire and multiple firearms in the same block as penthouse. two-thirds on weekends, more than 80% after 8:00 p.m., 40% after midnight. how many incidents weren't reported? we urge you to vote no. >> president hillis: thank you, mr. hayes. next speaker, please. >> hi, my name is judy irving. i am a freelance documentary filmmaker, live on telegraph hill, work in north beach. the police reports that you may get as part of your data are only part of the problem. this is essentially a residential area. i speak for many, many neighbors who couldn't be here because they have to work, but what happens after a club closes like that, you get people wandering up to telegraph hill and north beach, banging on garbage cans, yelling and shouting, small fistfights that don't get
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reported to the police. literally rolling garbage cans down the hill just for fun. waking people up. this is a lifestyle problem. this is a residential area. please, think about the public benefit from allowing a couple of -- few people to work longer hours at the penthouse versus hundreds and hundreds of residents whose lives would be disrupted. >> president hillis: thank you, ms. irving, thank you very much. >> basically extending it to all night. >> president hillis: next speaker, please. >> good afternoon. my name is diana taylor, and i'm here, i'm the president of the coast neighborhood association. i'm a long-time resident of the broadway to embarcadero racetrack corridor. i think everybody -- our letters have talked about how the noise
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and traffic and unruly behavior occurs at the bottom of along that broadway corridor. not just within 300 feet. we oppose, we continue to oppose. none of our concerns have really been addressed by the club owners. i'm also a retired public health researcher, and that we ask you not to even consider this application without results from a comprehensive community engaged evaluation plan that that involves an adequate level of baseline data. if you approve this application, there's no incentive for the club -- >> president hillis: thank you. thank you. >> my name is daniel, i'm the deejay of penthouse club and hustler club, respectfully.
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i came to speak as a resident of the neighborhood, i've lived on broadway and columbus for 15 years. for one thing, the traffic, when everybody is let out at 2:00 a.m., hustler absorbs that traffic by giving people a place to go instead of hitting the street in their cars, they move down into a line we have in front of our club and have a venue to go into. secondly, from sunday to wednesday, no one is on the street at 2:00 a.m. broadway is empty at that point. i don't have any wild in the streets experiences. i live right at romala place. i'm their night manager. again, i've been there 15 years. on the weekends, again, having places to absorb the traffic coming out is an excellent resource. and that's what i came here -- i've never seen anyone rolling trash cans down the street for fun or anything like that. it's not a common issue. anyway, i came to share that today. thank you. >> president hillis: thank you very much. next speaker, please. >> hi, my name is mary, and i'm an employee at penthouse. thank you for hearing us.
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i think -- i spoke last time we were here and mentioned how it would be helpful financially to have extended hours and we were excited when we thought it was going to happen with christmas coming up and everything, i was kind of planning on that, too. and i know you heard this last time, but i know the struggles that we all have financially and we all agree that this would be good for us. at the same time, i want to say i respect every perspective here and understand there's people that really believe it wouldn't be good, but all of us at penthouse, we want the best for north beach. we respect that area. we're proud of it and want it to be the best it can be and we're going to try our best to keep it that way. so i hope that you hear us. thank you. >> thank you very much. next speaker, please. >> my name is mark, i'm the supervisor of penthouse. based on the conversation that the lady had regarding trash
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cans being rolled down, for the past month since we've left, i've been hanging out on vallejo and montgomery from 2:00 to 2:30. i have not seen our guests or any other guests from other spots on broadway venturing up on montgomery and rolling garbage cans down. also, the majority of our guests when they leave penthouse leave by an uber or a taxi. that's all i wanted to say to make sure that was clear. >> president hillis: great, thank you very much. next speaker, please. >> good afternoon. i spoke in september about the matter, and basically said how it provided my family, me, a chance and opportunity to buy a house for me and my family, which like i said, my brother, sister, mom, they all stay with me, and another thing i'd like to speak about, our guests and our patrons aren't the kind of guys rolling trash cans and making noise. they are suit-wearing gentlemen that come in to have a good time, a safe place, and part of
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the problem is when you let all the clubs out on broadway at 2:00 a.m., that's when problems they are discussing happen. if we had an extra two hours to keep them inside, keep them safe, keep them around inside penthouse and not on the street, i think it would make things a lot better for us and for them and for the people that stay around there. also, looking forward to, you know, maybe having a couple extra hours to make some money, christmas gifts for my family and maybe taking a day off to spend more time with my family seeing i work sometimes five, six days a week. thank you. >> president hillis: thank you very much. next speaker, please. >> thank you, commissioners. terrence allen. i will speak directly to the letter that was submitted in my experience in creating the study with the research partner, who has looked at night life for the past 15 years here and in rio. what we have experienced is that an individual will trigger the
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intoxication level and two hours later be below the intoxication level. we know that intoxication level is tied to physical and sexual aggression, so providing a place to reduce blood alcohol content from intoxication to not intoxication, i think, is an ideal solution for the neighborhood, the surrounding businesses, and as someone that's done that for a living before, i could never make any money selling water. so as an experiment, i would applaud the planning commission finding a way to do this with someone that's willing to put the money forward, see if it works. thank you, commissioners. >> president hillis: next speaker, please. >> commissioners, my name is guy carson, 34-year resident of north beach, 25-year industry veteran of nightclubs. owned hotel utah from 1990 to 2000. i'd walk up kearny to columbus,
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hit it about 1:45, about 2:00 in the morning, the clubs would let out and it would be kind of a melee. so anything, my experience is, my thoughts have been for the broadway corridor, anything to stagger the closing of clubs is -- promotes public safety and reduces overall mass at any one time. >> president hillis: thank you, mr. carson. any additional public comment on this item? >> good afternoon. my name is paul weber, i'm a north beach resident. i support the proposition of testing this to see if it works, but not for six months and not for three blocks. it's got to cover the whole north beach area, because we're not talking about just drunks coming out of a club. we're talking about where all those people go. they walk right by my house on their way down to fisherman's wharf where they are staying, and i'm a ways away from broadway, but i know where they are coming from.
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so my suggestion would be run a test for a year. invite all the eight clubs that will probably benefit from this, and see if we can agree with them and with staff on what the metrics ought to be. that way we're all going to be better off knowing exactly what the consequences are rather than guessing about them. this isn't just going to be one club. i just don't believe that. there will be eight clubs that will be lined up here ready to go. so with that background, i'd urge you to continue this and seek a more complete set of metrics in which the neighborhood can participate. thank you. >> president hillis: thank you. any additional public comment? seeing none, we'll close public comment. commissioners? commissioner koppel. >> commissioner koppel: well, i was for this item the first time around, and honestly, i think the governor brown's veto of the 4:00 a.m. alcohol sales maybe even helps the argument here. again, just attested to the high
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amount of security these establishments have. i would not be in favor of approving a new venue, but again, this is an existing long-time local business, and this is the part of town you go to for these types of venues. >> president hillis: i was also supportive last time. i continue to be. i get that there's some question of whether some of the theorys we have and the project sponsor have will work. certainly, there are issues on the broadway corridor. i think i was adequately convinced that this may help some of those. certainly not going to add to it, but i don't know for sure. it didn't seem like this establishment was the one kind of causing issues and if it staggers time and reduces the mass of people, like mr. allen has attested, it could help. so, i would like to do it for a set time period, whether it's
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six months, a year, come back. i think that's the best metric that we can come up with, what actually happens in that time period. invite representatives from sfpd, the neighborhood, obviously, and really get a sense for what happens between the hours of 2:00 and 4:00. and specifically hone down on what happens at this site to see that if it could happen, and maybe take mr. weber up on his offer to look at staggered opening times, you know, in a broader area in north beach or elsewhere. but i think it's worth it to give it a shot and either have it sunset at a certain time or schedule a -- you know, have some certainty where we schedule, you know, to retract this approval in six months so we have that on the calendar and can get data and take action. commissioner richards? >> commissioner richards: so, i asked for a lot of data at the last meeting, and i was provided last night. there's a lot here to go
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through. is the police person here? great. how are you? >> very good. >> great. >> steve matthias from central station. >> commissioner richards: we have before us this issue of are we actually reducing the amount of antisocial behavior, nuisances, if we stagger closing times instead of everybody coming out at 2:00, having other clubs, this other club and the one applying now staying open until 4:00. >> right. i've seen and heard that perspective. looking at this not on a study in rio or a study in san francisco, but a study on broadway as far as looking at our stats. those stats have been provided for us. looking at that, the data clearly shows that after-hours
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service increases calls for service at the hustler club. that's the only other club that's open after 2:00. in the last three years, there have been 45 calls for service at the hustler club and 29 of these, approximately two-thirds of the calls, occurring after 2:00 a.m. on that same block, that unit block, there were 35 calls for service and 13 of which were after 2:00. on broadway after 2:00, there's kind of a down trend. [ please stand by ]
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as we are dealing with the problem at hands. there is a delayed response for the outer district. if your car is getting broken into in the richmond district it can take the officer longer to
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get there. it does -- it is a domino effect for the police department when we have 2 ok time. the reason the swing officers are getting off there is they have to come on. at 4:00 it is crazy in the city as far as calls for service. the volume is there. they are trying to do that. lastly, if we look at community opposition. that is something that we have to take into consideration when i am sitting here. >> to paraphrase what i think i heard you say after 2:00 on the certain block where the other club is open to 4:00, you can see no decrease in calls, no dropoff? >> broadway for the most part after 2:00 it starts decreasing.
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i am just if you look at the calls for service on the unit block or 1,000 block, directly tied to the hustler club, address in that block, there is a pretty steady calls for service there. usually after 2:00 things wind down a bit. if it is open at 2:00 a.m. that increases explore you. we heard about the calls for service. what is the ratio.
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you you you we had 50 pages so in order to answer your question, i am trying to understand. somebody is screaming at 3:00 a.m. i am probably not going to call the police unless i hear somebody saying put the gun down, don't hit me. i am trying to understand, you know, some of that call like that could come out as something as simple as a noise complaint. what is it? if we ran through page after page, you would be able to see the calls and different times. >> one other question. maybe this is an alcoholic
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beverage control question. what is the process for a club open until 4:00 on the alcohol service? could i order six drinks at 1:5l 4:00? >> they have to be consumed. at 2:00 that is it. if you didn't finish it, you have to put it away. >> i am open to a test period. i am worried about baseline data and community input above i pull the trigger. otherwise i think this is going to catch fire. we have a 4:00 a.m. district. the alcohol legislation passing both house and senate or simbry and senate with governor brown versus governor newsome is different in a year or two. scott weiner is not going to give up. it is going to take a third bite
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at the apple and it ask going to pass. i am not sure it is the yes. i am interested in community input. >> thank you. this one was tough for me. i actually went over there and walked all of the streets behind the club, which i haven't ever done, actually. i spent a lot of time on that strip. i have never walked up there, and i was struck by how residential it is. you don't think of broadway as a residential area. you know, you think of columbus and broadway, you know, there are a lot of people who live on those steep hills, you know, right behind it. and the buildings are really close together, and, you know, there is also that like weird hillside where there is a lot of people living there, too. i think that, you know, in terms
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of this commission, we want that balance of having businesses that thrive and attract folks who come to our city to visit providing good jobs for folks, and payment making sure that people have a safe, quiet night to sleep and go to school or work the next day, right? i, too, am not quite convinced this is a good idea. i think it is a better idea now that, you know, the state legislation has stopped, but i agree with you that that is not the last we hear of it. there is an active lobby of folks pushing to extend the hours of drinking. the single most compelling thing i heard today is having the extra two hours to, you know, sober up and get out to the street and having been someplace
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where it is safe. that is compelling to me. i just seen the statistic the police department. i am not convinced that will actually happen. if we do have the votes today t approve this i will request that we put a definite time limit so that we can assess whether or not this has done what the proponents have purported it would do to reduce calls, but i am not quite convinced. >> thanks. on the time limit question, i know we have sometimes gone back and forth. could we approve for a six month trial period then terminate and have the hearing? i know we have been told not. why not? >> my understanding,
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commissioners, they don't have that as an option the way the condition operation is written you could say a hearing in six months or a year and consider rescinding. >> why can't we have six months and terminate? we put conditions on condition uses all of the time. it is no different to me than saying this is not going to 4:00 a.m. it is going to 3:00 a.m. >> that would be considered a temporary use. we don't have that authorization for six months. >> you need to initiate the revocation of the condition use authorization. >> we would initiate it and terminate it in six months, right now. this doesn't seem like -- i have questioned why that is the case. we can put so many conditions on condition uses and not terminate them. >> you can look back in six
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months, update hearing. >> that is weaker. if we approve it. maybe there is not the votes that you know it is harder to disapprove in six months than t approve it in six months. >> commissioner richards. >> i think we are struggling to approve it based on the studies, the data or testimony or input from the police department. to go six months and undo it is a large task. that is kind of foolish to do that. we are setting ourselves up for failure. i wonder if we heard paul get up and say i will do a test. i will sell my chair. if the community and project sponsor can say in six months this is what we will look at. if they are north and south of
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these lines, you have got to revoindicate it. thoughts, mr. webber? otherwise, we don't have a standard. >> six months, frankly, i think is too short. they could start a six-month period in, say, january or december. the rainiest period of the year. chances are good the incidents coming out of that time period are different. i don't know that but i guess it is different from the incidents from say may to october. i am saying make it a year. whatever 12 months you want, then the base period to measure the new period of 12 months would be the same period in the prior year. >> i am open to it. you have to come up with what may surements we are looking at. >> why not? >> i am open to it if the
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project sponsor will sit down and say number of calls, put a camera on every house and look at the garbage cans, i don't know what it will be. you come up with the measurements. >> the other is the scope. i can see two ways. i imagine the club would narrow to three blocks. i am saying it is a very, very narrow scene. look at it a couple ways with the data the city police department has for the major part of north beach. many of these activities after the clubs close are not just fights and singing. they are break ins. they may be blocks away from the street. i am saying all right if we can use three blocks, that would be one measure. let's do a broader one.
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i am trying to avoid what they want to do. do it a couple ways and decide later. >> mr. paul is reasonable. we have been through many situation in the castro and upper market. he will negotiate on the ways to agree on to get this going. thoughts, mr. paul? >> first, on his second point, you know,pect out club was -- penthouse club was critical of the top of broadway cbd. it had such tremendous effect on reduce you go all sorts of problems, cleanliness, crime, loitering, they were huge problems 10 years ago are minimal problems now. they have taken it down from you where it was.
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being good citizens. commissioner richards more than anyone up here knows how to tell what a club is being a good citizen when a club is a bad citizen. we both know this commission can shut down a bad operator. in terms of coming up with metrics to measure that by, i don't believe that any numairca coefficient is going to do that. we have a hear anything six months. you are going to hear testimony that suggests that we have been a bad citizen and let things get out of control in some way. we are not arguing against that really. you will hear us say we have done -- the security measures we pro posed if they are not working they are not working. that is what you are going to hear. that is when we will cease going to 4:00 a.m. i am confident that is not going
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to happen. as far as coming up with metrics to measure that by, there isn't a standard to go by with this particular club's status in that neighborhood. i am willing to go on police calls as general rule. really what happens from 2:00 a.m. to 4:00 a.m. at that end of broadway is different than what happens further down. i think we have a good effect on the whole thing, but what happens here is going to be apparent to this commission when you re-review in six months. >> when i walk into the club, do you scan my driver's license? you. >> someone checks your id. if i smash somebody's window and somebody catches me can we tie that back to the club? this is what we are looking for?
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>> yes, we wouldn't argue with that. >> do you keep a record of each individual entering and leaving the club? you do? that is what i am looking for on the metrics. some standard way to look at this. >> in the castro it was that patron, not your club's patron that knocked in the door. he said and she said stuff. i am not convinced right now. >> i don't think that will happen here because of level of responsibility we take for that portion of broadway. there is no other club that is busy at that end. there are dance clubs as you move further towards columbus, and they shut down at 2:00 a.m. we don't want the patrons on the sidewalk at 2:00 a.m. when the busy dance crowds are coming out. that is what this is about for us. i think in six months you will
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come back and not see a change. >> i will be honest. i heard mr. allen say i don't make money selling water. between 2:00 and 4:00 is it a service to the clients? how are you making money during those two hour us? >> it is simple. we have a cover and entertainment. it is good for the entertainers and workers and patrons sobering up. >> thank you. i think, commissioners, i understand the challenge of the data. what you are really if i hear what the commissioners are saying correctly, it is comparing data when they closed at 2:00 a.m. to when they closed at 4:00 a.m. frankly, it is hard based on what mr. paul said, it is hard to establish any accurate data other than police reports. there are all sorts of things
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that don't get reported to the police that you don't have good data on. how do you have date -- data without a record. do it six months or a year. schedule a hear something a year to see how it is working and compare the police records. if i hear correctly you can tie it to people, specific individuals. you can tie specific reports to specific individuals and the club to compare that data from today to when they close at 4:00 a.m. then schedule a hearing with an understanding the commission would have the ability to resend the condition use if it is moving in the wrong direction? >> i would like you to speak to the criteria. be specific about what, where we are documenting. i think there might be issues of privacy. that is my concern.
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you would have to have people. >> without specific names. correct me if i'm wrong city tore's office. you can say -- city attorney's office. you can do it without identifying that person by name. >> we need to be very careful. the city has a obligation to protect personal identification information. >> i worry about calls not reported or the neighbors call on everything. i birp and they call the police. >> commissioner johnson. >> we had another case not the same use at all as these issues that we are bringing up, but a case where the community was really concerned about the impact that a local business would have, and that local business appointed a communitily
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a son to regularly check in with the community to hear concerns and kind of be kind of the point of contact. i think one thing that i am worried about in doing a year long trial is that we have to if things are going south, that the community has to wait a year before they, now, before they have another hearing. something that i would just be interested in seeing as part of this. it feels clear that way more community liaison, engagement work will need to be done whether we come up with a certain set of metrics or not. it would be hoove everyone to be clear how folks are engaging everyone during the process. >> the one year look back would
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be the minimum period with which they have the opportunity to operate without coming back to revoke the permit. at any point in time if staff or the commission receives enough complaints the commission can direct the didn't to bring this -- direct the department to bring this back. you are not limited to one year. >> i appreciate that. i would like to make the barrier lower, not higher for the community. that is why i am making that suggestion. >> thank you, commissioner johnson. among the ideas we had in managing this were setting out a notice to our neighbors with a phone number to call in that the security chief on duty at all times will have. if anybody in the neighborhood has an event happening, if somebody is yelling and if there is a trash can rolling, they have somebody on the block to
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deal with it right away. we are going to do that. i like the idea of being open for meetings on a regular basis. we could easily schedule something like that, check ins with the community. we want this to work. we don't want things bad to go on in the neighborhood. we want to be good neighbors. this can work in that way. we will take that suggestion and make it happen. >> maybe one -- just come talk for one minute. >> we have a lot of experience and talent within our community. paul and i have done big community engaged studies. there the other metrics besides
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what you have been talking about. we are prepared to participate in that. there is no incentive for the community for the owners to engage us. we would like some help with that. it is not just complaints. we want to be part of the process of measuring and developing the metrics. >> i think one thing we are struggling with with the cannabis club us there are bad acting cannabis clubs. it is hard to, you know, it is hard to define that. if we define 30 calls, violent calls, do they not get the permit revoked if there is 29? it gets to be what are the nature of the calls if it is the business calling about somebody who didn't pay the tab or snuck
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in alcohol, are we saying that is not a call? we would spend the rest of our lives figuring out those metrics. i love the idea of having, you know, you sending out the notice of who the community liaison is. you have to have two community meetings in six months. i say it is terminated and it has to be reuped. if the city attorney doesn't allow us to do that, it sounds like they don't. we schedule revocation hearing in six months. the bar is not -- the bar is you convincing us that it is the neighbors convincing us it is a problem. we get the feedback from two community meetings to see where this goes. >> commissioner richards. >> i want the community to sit down with the project sponsor and come up with something. mr. paul when we have problem
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was the cafe in the castro. there was a liaison, the folks from hancock street. we went over things once a month. it was a great dialogue and the cafe has never been a problem since. i see that on both sides. to rush this to get through today. work with us. it is premature. i would love to give you guys another couple weeks. >> i am still in favor of approving today with whatever look backs or re-hearings. i am not trying to step on the community toes. i value the neighborhood and understand how many restaurants there are. if you have ever been to north beach on st. patrick's day you will know what i am talking about. do not underestimate what the police department. i have every respect in the
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world for your service. it is a specific club responsible four those calls. what if someone drinks three bottles of wine at the stinking rose and walks to the hustler club and starts a faith? in a way this club is a little unfairly category rised as the cause for these incidents or the trends. i would like to see when we hear back that really specific data or information is given that is clear or if not they are single-handedly responsible for the increase or increase in calls. >> commissioner johnson. >> i would be supportive of approving this with a condition there is a community meeting to
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kick it off to talk but agreed upon set of metrics, there are two community meetings scheduled between now and our next revocation hearing. that is what i would feel comfortable with. i am -- my one question which i would like to hear other commissioners way is the question of six months or a year. i would agree that a year would be better. i will make that motion. motion to approve for a term of one year with the requirement of a kickoff community meeting to agree on shared metrics. posting to the community of information about the change in hour us with the community
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liaison, two community meetings between now and next year, and community notice of the revocation hearing. >> are we scheduling the revocation hearing? >> the city attorney. >> i am not sure i understand. is the proposal it is a one-year condition use? >> well, it is not. it is condition use approval with scheduling revocation hearing in one year. >> instead of scheduling the automatic look back, which is something. >> well, we would schedule the revocation hearing. >> you are scheduling the revocation hearing now? >> i want it to be clear on the record what is proposed. >> sorry. i would like to make clear for
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the kickoff community meeting to agree on metrics, that then starts the year's time? the metrics would need to be in place, i assume. >> yes. >> the year starts i imagine when they extend the hours. they would have to have the community meeting, and once they open with extended hours, that is the year clock would start ticking. >> just to be clear, you want them to meet. you have read into the record we want them to meet twice within the timeframe for the year. we also want them to meet with the neighbor to come up with criteria. when that is agreed upon, then they can be open until 4:00 a.m. that start the one year timeframe? >> why not have them agree on metrics, then the hearing and
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then appear it. consumyou come back mr. paul any they have been really operating in bad faith because they want every garbage can rolling down the hill capture order the video. that is real metrics. rather than forcing them in the year and starting the year after that. >> i can suggest some things i took down i heard. check in with the neighbors at least two times during this year. there needs to be a phone number and dedicated staff at the club that will respond to incidents. you want them to come back with statistics on the incident. that is the criteria that we look at whether or not you are going to revoke. then schedule the revocation.
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>> i heard a motion. >> i second that. the only thing i consider. i think it is shorter timeframe and mr. webber's comments about a full year. in six months we could choose not to revoke and schedule another hearing. i would go six months for a shorter time period. i second the motion. >> i am confused what this motion is. i am very confused. let me say that what commissioner richards suggested to me is not quite ideal because we suppose there is a condition community meeting and they can't agree on the metrics. does that meaning they don't get to open at all despite the motion? it is not clear to me what exactly we are doing. >> i heard commissioner johnson say have the meeting, agree on
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metrics then open at 4:00 a.m. have the meeting, agree, then approve it and look back. we are doing the same thing. >> that is not what i heard commissioner johnson say. i didn't here it in that sequence. you know we approve it or don't approve it today. we are asking that they neat. you know, we will look back a year from now. if we speak with it, they can only open after they agree. to me, you know, it leaves it open for the possibility they won't. that is automatic disapproval. >> i will jump on. commissioner cobble. >> in the corner of the hearing room, you are saying what if the two parties don't reach agreement on metrics. i think the neutral party here
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is get anything the far corner and they have the metrics. i think that is one of the most valuable opinions here. that could also happen at our next hearing. >> commissioner johnson. >> let me clarify. as a sign of goodwill and starting a relationship to work together is the spirit in which i would encourage the community meeting to get more on the same page. i think the ultimate metric of success are going to be whether they can reach you, whether there are issues, what we hear from the police department. it is for you to prove that you have been a good community not for the community to prove it is not a nuisance. i am comfortable with approving
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this with the app that the community gets together and they schedule the community meetings. >> i was going to suggest that as a way of addressing that problem in case there is not agreement. you can ask at least one community meeting and that they could open within say a month of today regardless. is that part of the motion? >> that is. >> commissioner richards. >> if there is a community meeting planning staff and the police can be part of that meeting. you will be here in a year anyway dealing with this in a year. i just don't feel comfortable pushing this through today. i want to make sure we have responsible people in the room. >> i would ask officer mathias if you would be able to help.
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as planner, yes, i can facilitate that perhaps at the department. >> do we have a yes from officer mathias? >> okay. >> earlier than 2:00 a.m. >> all right. >> there is a motion seconded t approve the matter. >> to clarify the motion was a year. >> it was, yes. >> we can't sunset it in one year. >> we would have a revocation hear anything a year. >> to approve with conditions as have been amended include a kickoff meeting to establish metrics and initiate the 4:00 a.m. closing time in one month from today to hold two committee meetings between then and the one year revocation hearing to
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schedule a one year revocation hearing a month from now when they are starting the 4:00 a.m., and that the community liaison post the change of hours at the facility outside. >> the neighbors. >> give notice to the neighbors of posting. >> also the request for the phone number and dedicated staff to respond. >> community liaison in the boilerplate approval. >> this is a little more beefed up than the boil lawyer plate. >> commission. (roll call). >> so moved commissioners it passes four-to-one with commissioner richards voting against. >> this is on the discretionary review item. 2017-771456 at 1100 fulton
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street this. is a discretionary review. >> we are on 17, 1100 fulton street. >> good afternoon. david win slow staff architect. this is a publish initiated request for discretionary review of 2017-0126-7999 to construct three accessory dwelling units by converts four garage units at the exist you go apartment unit. 50 by 110-foot lot in the alamo
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square district. it is a contributor reproperty within the district. historic preservation commission determined the garages are not character de finding of the subject profit or district. in article 10 of the planning code and secretary of interior standards for treatment of historic properties. the pastor of the third baptist church at 1399 mcallister at pierce street. the reason for the dr is three reasons. alteration one adversely impacts historical building and district, two compromises rent control, theory moolvie of garages impacts the neighborhood parking. to date the department has received no letters in support or opposition for this project.
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department's position is in light of the d.r. request concerns they have reviewed the project with the residential design guides. they found, one, the garages were determined by both staff and historic preservation. either the building or the district. the proposed alterations were found consistent with the article 10 and the standards. the nexus between under mining rent control was not made year by the d.r. request earn. rent control is not regulated by the planning department. third, removal of ground level garages and infill of u with accessory dwelling units serves the city in a number of ways. one, fulfills adding housing stock in an existing building,
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activates the ground floor, removes curb cuts with the cars entering and exiting the garages. the removal of garages increases the available on-street parking in the neighborhood and other street scape improvements such as planting of trees. lastly, it seismically strengthens the goals. it meets the department standards and guidelines and recommends the staff approve it. it does not accept exceptional circumstances. i might add that we have our a.d.u. team lead in the audience to answer any a.d.u. specific questions. thank you. >> thank you, mr. winslow. d.r. requester?
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not here. project sponsor here? is there anybody who wants to speak on behalf of the dr? no. okay. project sponsor. use the big mic there. you can use that one. >> good evening, commissioners. i am the project architect for the project. >> is there a presentation on
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the computer? you can use that if you want to, the shorter one, pull it up. >> this is the project address and a picture at the corner lot facing alamo square. this is the existing floor plan showing the ground floor garages and storage spaces. this is a two phased project. only garages back from a portion of tenants. there are vacancies. we are not taking tenant parking away. three units on the right side here will be in phase one. shaded one on fulton will be phase two or as they become available as renters move out. we provided die grams -- diagrams showing we are removing the driveways and curb cuts from the building we are providing on-street parking. in phase one we are removing four spaces here. we are adding three.
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taking out four garages. in phase two we are adding three and four additional parking spaces and removing those. it is a 70% replacement from private garages to on-street parking. we were dumb founded by the dr filing. they showed up at preservation hearing. they are from the church across the street. we are not impacting their building in any way. many comments were relating to damaging the historic character of the building or impacting the parishioners. we think we are providing additional units for parishioners. these are rent controlled units as required. we fail to understand the concerns. they are not here today. the concerns have been dealt with. i am open for questions. >> thank you. any additional public comment on
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this? seeing none, we will close public comment. commissioners. >> i make a motion that we approve this project. >> second. >> thank you commissioners. (roll call) sod moved that motion passes 4-0. that places you on 18. 136 palm avenue. discretionary review. >> david win winslow. this is a public request for

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