Reports. To where commissioner joseph even mentioned about how inaccurate these reports are, and it weighs hujly gely on someones permit. Okay. And it weighs on sound. Since ive been on this commission, we were in cbd meetings with you. The neighbors wanted to work with you. They didnt file complaint against you because you said you would be working with them. I stopped going to those meetings, and you said you would work with these neighbors. If you see all those neighbors, theyre not here. Theres 30plus neighbors in the same building that im in, and theres no complaints. Thats what im going to ask. Events, clubs unrelated to this club, two commissions have said, its one complaint. We have one complainant here. Its mr. And mrs. Diamond. The diamonds have and i dont know what their motivation is. I dont know them. Ive never met them, ive never spoken to them, but its troubling to me that a mans livelyhood, depending on mr. And mrs. Diamond maybe theyre racist. Maybe they dont want black people there, but how come theyre the only people, the only people complaining. Okay. I do want to acknowledge that there is a letter from supervisor pen kinskins that the comment that a lot of the nonenglish speakers that did come in and made comments during the meeting e they, th afraid to return. I missed the word, im sorry. Theres a lot of seniors that live in the sros across the street, and theyre scared. Scared of what . Scared of complaining. So thats why the supervisors, sometimes they have to write a letter at the end of the day to work with their constituents. I would love okay. Lets just stop it here. Lets get us the data. Get everything that we think we need to protect yourself, to protect the neighbors, and to also protect the code. Can i work directly with you, commission, to give me specifics on what you guys need because last time i was here, you guys told me to come with a plan and what we have done, and you guys told me thats what you needed. Now youre telling me that i need data, and this is not its not complete. You told me i got an email from kevin. I got kind of a memorandum from ollie. Pretty detailed email from kevin. No, because he doesnt tell me what decibel he played the music on the inside. [ inaudible ] you guys ask for a plan hold on, hold on. Hold on. Can we have one speaker at a time. Commissioner lee, did you want to finish your question . I want going to say, we need the data. Its not complete. And if you want us to make a decision on this, its not correct. Mr. Montoyas correct. Last time we were here, you asked what was going on with the neighbors, 1k we responded. You said you need a plan, and 100 of the external doors are finished, complete, and theres an internal door thats 90 complete. Sir, if you want to watch the tape again, i specifically asked for data. Yes. So if you want to go and say i did not, its incorrect. And you can rewind the tape, and i asked for data, okay . Actual data. So telling me what i said is wrong. Weve got data. Youve got its not complete. Its not what you want. Thats why im asking for specifics. I would love to work with you guys, and i just need to know what exactly it is that you guys want so i can get that done. So a couple of things. One, i think its challenging where you come in and say well, theres a report but its not finished yet, and were doing soundproofing but its not finished yet. It would be helpful if you say heres a report, and its been finished, and we can take action. Its difficult for us to take action when the reports arent finished. And commissioner lee has been very consistent about his desire to see some of the data specifically around the noise. So i appreciate your frustration. Thats very clear, and we want you to be back in full operati operationas soon as possible. So i think finishing the reports that are in process, finishing and completing the work thats in process, and then, coming back is what were asking for, instead of coming in and saying things are almost done. Id also like to hear from other folks who are here to speak on this issue, as well. So are there any other final questions from the commissioners . I just want to add one note. It goes back to something that director weiland said. We are accustomed to a very specific set of data. Theyre reports that are easily obtainable online. Im sure the director has a number of these reports that we can share with you. Thats what were accustomed to getting. Its very kind of standard operating procedure. So when commissioner lee says he wants data, im thinking, and i could wrong, but its we want to see the data that we usually see with these complex reports that third parties put together. Copy that. So the report kevins report needs to be a different report under a different guideline, as far as the study goes. The data of the study, that needs to be complete. They take measurements of sound, and then, they analyze that. Today, weve already seen a couple. Can i say one thing . I respect your position and commissioner lee, as well. I understand its clear, and its clarity here. What happens when the data come in, and the diamonds say hey, still noisy here . I dont like it. My kids cant sleep. I dont like it. What happens . What do you do about him and her . Ill leave that as a rhetorical question. Yeah, it is. Its what we do all the time. Let me make it specific. What if that in fact happens . So can i just give it my opinion because ive been here on that side of the track before. Yes. If you do everything physically possible, provide us the data, spent the money on soundproofing, done Everything Possible by the book, the diamonds can file whatever they can file, but youre in compliance. As long as youre in compliance, youre not getting anymore tickets. This commission can only do so much. Youve answered my question. Thats all. Its not about i mean, other things can happen, but at the same time, when it comes to impacting neighbors and noise, which this is the issue right now, its done. Okay. That was my question, and youve i respect your answer. All right. So thank you. Is there are there other people here to comment on this . San Francisco Police department, are you here to comment on this . Do you have input on this decision . Welcome. Steve matthias, central station. I would respectfully request that i be able to speak on different issues if the hearing is going to be presented at a later date just so that the issues are fresh and can be presented at the same time. Yes, thats fine with us. Wed certainly like to have your input at the same time as everything else, but youre also welcome to make comments now, if youd like to. I think ill let the public have their time. I know that they have a lot to say, and but yeah, i think ill address the other things. I think it would just be a better package to be able to do that. Right. Great. Thank you. Thank you. Members of the public who would like to comment on this . Yes, please, come on up. Wed like to have three minutes perperson, if possible. Thank you very much, commissioners. My name is andrew diamond. Youve heard my name mentioned a lot this evening. I live at 2 roland street, which is across the alley from hue night club. I first moved there in 2007, before there was ever a night club at hue. I met bennett at some neighborhood meetings where he told me he was going to be a good neighbor. I was in support of the club. I love the community. Ive lived there now for 11 years. Ive heard some disparaging things about me said. I will just say, i will be the first to come in front of you and say when i dont have thump, thump, thump, coming through my walls at night. And even though you put the 12 00 restriction on, they still play music after midnight, so we still get that thump, thump, thump, coming until 1 30, 1 45 until they shut their music off. Thats all i care about. I know theres security issues. Broadways a tough place. Everybody talks about roland, and everybody talks im really concerned about the volume going up. At the back of the alley, its actually really very quiet. Its not like being out on the broadway the cars are going, so this bass music just cuts through everything. Ive spent over 10,000 soundproofi soundproofing and taking apart my walls, covering my windows that face roland street to try to decrease that issue. We bought our condo before we had kids. Wed like to live there forever. This is really a solvable issue. There are nights that hue is operating, and i dont have a problem. Its great and i love it. There are nights that they go overboard, and all im looking for is a solution to what i think can be solved. Weve had countless police officers, Entertainment Commissioners. Mr. Pauli, sean burke has been in my home. Dr. Matthias has been in my home. Abc has been in my home. Everybody can hear the music. You can come to the back of roland street at midnight and hear it. Its not like this is a mystery issue. Its there, and im really appreciative of everything the commission has done because its actually gotten better since last july. Things have started to get better, and if it could just get fixed, we would be in heaven. I wouldnt care what hue was doing because, you know, its just frustrating because theyve known about these issues for so many years. Bennett was in my living room eight years ago. Ive met with him many, marijuanmany times. This is an email. Weve bought our own sound meter, and this is inside our home where the sound just bounces about between 70 and 0, the bass hits; it just goes right up. And thats what im hoping can get solved, and i really want to thank everybody for their help on this. Thank you. Thank you. Next speaker. Good evening, commissioners. My name is garth smith. Im a homeowner and resident at 2 roland, as well, a neighbor to andrew diamond. Its a Pretty Simple issue here, it truly is, about a large part of noise and security. Both of which have improved dramatically since our meeting last june, where there were many people to express their concerns. As andrew indicated, weve met with mr. Bennett over the ten years hes been there. He has indicated he was there to be a good neighbor. He tends to be a procrastinor. For example, in june of last year, obviously, his operation permit was modified primarily because of noise. Its been six months now, and this insulation noise barrier has just been installed within a week. And the reports to show the improvements arent even put together yet. So the point is, all we want is the noise down to a reasonable level, and it hasnt been there. Its getting better, and we think it is a situation that can be solved. We just need somebody to put some effort into it, do what they say theyre going to do. And we have nothing against the operation. Its we know its broadway. We live there; we own property there. Its just an unusual or unreasonable condition at this point. Thank you for your time. Thank you. Good evening, commissioners. My name is dominick lamandre. Im the district manager for the top of broadway cbd. Its good to see you. This is the third time im going to submit a comment on this issue. What i will say is that it seems that benity came here today to ask you to make a decision based on incomplete information. We brought this issue to the Entertainment Commission back in june 2017, and then subsequently went to the appeals board on june 20, 2017, and there were some stipulations laid out in that ruling that bennett has to follow in order for his case to be reviewed. So he comes to you with 90 of it done, and my question is, this has been an issue that weve been dealing with since february 2016, and he comes to you today to make a decision based on work that has yet to be completed within that twoyear time span and asks you to bank that extra time on his good word and on his good faith. And at this point, bennett hasnt shown any good faith in the neighborhood. Ive been trying to have a constructive dialogue for over two years now. Only recently hes started responded to my emails, and its a one way dialogue that doesnt promote conversation when only one party responds. Nothing else to say except i would be very worried about taking bennett at his word. Ive tried to cash that in many times, and i have yet to see any results. So thank you. Thank you. Is there any other Public Comment . All right. Then Public Comment is closed. Commissioners . Well, obviously, you know, we should continue this, but maybe with maggie showing some samples of sound studies that we usually look at, get all the soundproofing and everything all done, all done to the best you think to your ability and then bring sean out there and do the check, you know, like we normally would do, but id like to you may want to stipulate that in terms of you want sean to do a new sound test, and if so i think he kind of wants to work with sean and all this, but i want to make sure cause were not anybodys personal sound person. We want to get it resolved, but i want to make sure that the the place holder has all everything done, have those those things for the door in, everything done, have jordans paperwork all done, all the data ready to come to us so we can finally make a decision. And i guess at the time i want to know whats seans findings are. Im happy to send sean ought ought out to do monitoring. Its a little bit out of the ordinary, but you want him there as theyre doing testing . In my opinion, i think its better that seans with them with their people so that theyre saying that hes taking readings at different times than they take readings. I mean sorry to interject. I dont want to be contrary, but i think i think it would be necessary to send me out if what we were talking about is an increase in their internal sound limit or an adjustment to what ambient is, and i think thats maybe not whats on the table here. I think whats on the table is they need to well, theyre saying that theyre in complains. Neighbors say theyre still having problems skbl they have have they have an opportunity to fight the ticket that was issued thats not true. Actually, the ticket has been paid, but they still an opportunity to appeal that. I think right now theyre asking some guidance. Happy to do that. So before they come back to us, we want all of their data complete, and maggie can show them they dont have to go so extensive, but give us some points of when they took the data, at what time, where they were at; a little bit more detail than a paragraph or a report. I want all their witnesses to be here, kevin, and everybody whos going to testify for them to be available for us to ask questions. And you say their standards when they take their sound check and your sound check, and if you say its different than what they have, then, we can bring that up, too, i guess. Okay. Sorry. I dont want to go on too long here, but i want to make sure that this is this is clear. Youre stipulating that i have a role in them id like to verify the process prior to them id like you to verify what theyre claiming that theyre in compliance, okay . Like, i want you to take the same reading is it possible to take the same reading . I think that might encourage a situation in which theres a difference of opinion actively onsite in the moment, and i think maybe thats not the best course. Yeah. I dont. I think inspector burkes job should be to offer guidance and to help them to provide the data that were requiring with director weiland. I would personally not assign or try to assign him to something way outside of his help them out, let them get all their data. Well, to me, its a very legitimate concern theyre bringing up. You want something. Help me to tell me what it is, and i think between inspector weiland and director burke, theyll be able to do it. Do what you guys got to do, what you guys think youre in compliance, and inspector burke will take his own readings, as he would do with any other poe. But thats the thing we need to clarify, commissioner lee, because if were sending sean out to be doing readings, what are the parameters for that . Seans role for going out and doing readings are to a, set a limit or b, ensure the readings are within the limit. Hes not going out and doing 24 hours of data or information that youre used to seeing. Thats separate. If you want him to skbrust go out and oversee the process, have a lending advice on whats going on, that might be a separate thing. Yes. And i dont know speaking for myself, i do not think setting the limits is the way to go on this. I think its compliance. Ensuring compliance. They can supposedly legally work out of that. If they say theyre hitting that same limit, but theyre still hearing it in the back, then, theres got to be something wrong. I think the sound study will just be interesting and curious to see what are the levels that were hearing in the alleyway based on the soundproofing theyve done. All right. So are you guys okay with just the data . And to have that the final piece of the soundproofing put in place before the next meeting, that small little check box of their okay. So im waiting im not going to be having him set any kind of a new limit. No. Especially because its that at ambient right now. I think id prefer to hold off on that. Okay. So he will just be, like, an Expert Witness to help out. Is that so mr. Bloom, so you understand, before you come back, please have your compliant have everything ready to present, and they will give you the guidance of what theyre looking for. We can just talk about there might be other issues, but lets get the sound thing out of the way so we dont disturb a neighbor that obviously doesnt want the business to go down, but lets establish a kind of mutual understanding. Thats okay, no, no, no. No worried. No worries. All right. So i have a motion to continue. Motion to continue. With all the data complete data from whoever experts they have, and all their witnesses here. And if you cant make it, then skip skip the hearing where especially the sound people can be here. So are you asking for a motion to continue it and when theyre ready, theyre contact our director and ask to be calendared then . Yes. February 6th. Okay. Yep. All right. So thats a motion. Ill second it. And a second. So just for claritys sake, within that motion, are we also cause you didnt list within your motion that you wanted a recommendation from an expert that includes data. And you also had mentioned that you wanted or commissioner bleiman had mentioned that you wanted the soundproofing to complete. So are those two motions to continue . Yeah. Yes. All right. And then a vote. [ roll call. ] all right. Thank you, everyone. And thank you for your patience on this item. Our final item is commissioner comments and questions. Yes . Just one thing. I think a lot of us down here understand what the tones mean when people come up and talk, but sometimes people that dont come down to city hall much dont understand that theres two tones, so when we talk to them, maybe we can kind remind them, youll hear the two tones, 15 seconds left. Thats the only thing. I hear people starting to get uncomfortable and starting to hurry up. Yes. Thank you. Useful to remind me of these things. Any other comments or questions from the commissioners . Are we doing the rdr changes of the the lighting . My bad. I mean data. We dont have to keep repeating it. I still think skbl is that somethi that is that something that yo