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tv   [untitled]    September 30, 2013 5:30am-6:01am PDT

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out what they are going to ask of the warriors if in fact it moves forward and it was a lively discussion to say the least and it will not be the last one and we intend to remain involved and as long as the mayor's office and the port ask us to be as we do expect at some point, this project if it does move ahead will come before you. as entertainment venue. >> and i have made a request as the executive director to the president of the commission for a performance appraisal of a plan and going to ward. to balance of the fiscal year for my position and i have never had a performance review. at all. and in this department. and i believe then that a closed session will be agendaized and so that could be. and i did give the president the form so we have a form that
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we can use at gsa uses for the department heads, but want to let everyone know that i do and i would like that kind of an appraisal more formally. >> lastly, or second to last, cami went to a training i think that it was yesterday, regarding language of access, and we have done our best but we have not been able to up to now, we have translate the applications that we have into other languages but, we have been guaranteed by mid october that the applications and as well as the good neighbor policy will be translated for us and available to us in chinese and spanish. and so we are going to hold them to that and then we will move on to the balance of other documents that we think that we can get translated. and it has been, i think that it is really important and it has been something that we have
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not basketball able to achieve up to now. and lastly, i think that i spoke to you a few meetings back about a check and a night life panel that we are developing with the office of economic and workforce development and it is now called the future of going out in san francisco. and it has a name. and it has a date of october 7th, and a place of the public works, and in the loft space, it is a smaller section of the nightclub. and it will be a panel of the night life operators from the different kinds of businesses and tech founders and it will happen during the city's innovation month, xh is october and hopefully, promote it then by the office of innovation as well as oewd and ourselves, and i am hoping for a really good turn out and hopefully you will not be the last of that kind of conversation. but you are certainly invited and as we put something, you know, on probably a digital invitation, it is everyone and
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so that they can attend. as long as they don't have court. and that concludes my report. >> do you have the hours for that? the tech panel? >> i can't see... >> 6:00 to 8:00. >> in the evening? >> yes. in the evening. >> commissioner joseph? >> when did we get an office of innovation and how cool is that >> the mayor's office created it. i think that is the right name for it, i am pretty sure. it is a year ago and it is great. and i love that we are doing that and it is very, very cool. and the future of going out. that is awesome. >> i just would like to make a formal interest of the president to agendaize on october 15th, as of first item on the agenda right after the roll call, a closed session to discuss our executive
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director's performance review. >> i am happy to do that, if that works for our director? >> october, 15th. >> does that not work for you? >> that does not work for me. >> and are you... >> i was not... >> so the november,. >> the one following that is november. >> is that what? >> that is fine. >> okay. so let's get the real date on it and just do it. >> november 5th. >> november 5th. >> so if we could have the first item on the agenda be a closed session to review the performance of miss cain. >> and just to the public's knowledge is that the reason that we do it in a closed session because it is a personnel issue. >> all right. >> any comments from the other commissioners? or commissioner joseph do you have more? >> i am done. >> on the report? >> questions or comments? >> all right. we can take the public comment on the executive director's
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report, is there any public comment? >> no. seeing none, public comment is closed. and there is no action need and so let's move on to the next item, the police department comments and questions. i see officer methias here and any other officers who wish to speak now? can line up after him? >> hello commissioners and staff, central station, and i had fairly quiet last few weeks. on the broad way and in the central. different issues that came up, september 14th, we had a pedestrian in front of the club atmosphere at 4447 broad way and i was out on the street and told by the officers to get back on the sidewalk and went block down by 25 feet and proceeded to walk across and the police intercepted him and asked him for id and they began to fight and resist the officers and they had to use force. it is an issue when we think about the jay walking but it is
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that big of a deal but we thifrpg just as a sunday night we had a pedestrian that was running across broad way at 11 and was struck by a vehicle and he is in critical condition now. and so when the officers are on broad way, and it is, they are really looking, you know, for the safety of the patrons that are in the clubs, the people that are on the block. and just crucial that they, they do, and they look at all of these other issues as far as the traffic concerns and the pedestrian control. september 15th, 12:45, a drunk minor was arrested after a brief foot pursuit. and heed a bottle of champagne, we don't just have the clubs, we have the clubs and the adult entertainment which is the 18 to 21-year-old age group that does not mix well with the over 21 and then we had the liquor stores that sell, that the people, that and so we have the
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open containers and we have the people that are drinking a lot of times getting drunk and they are just in this hanging out and causing problems and that is part of the problem as far as not just being in the night clubs and it is all there in that one or two block radius. and let's see, nothing on september 15th, my sergeant wrote a report regarding, and ended up being a dui but i am beginning to refer to the seller and we will read the first couple of sentences on the narrative. and on the september 15th. at 1:53 i was in full uniform approaching tail ler and i saw a large crowd and i decided to discuss the situation with the seller staff i parked my marked police vehicle on the north east corner of suter and taylor and got out and began to cross the street. at the time i noticed the black sedan stopped in the angle in the south parking lot and the right rear corner of the car was well into the traffic lane,
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so that is an issue that we have been dealing with with seller for controlling their lines. we did work with them and they had the building next door that was having construction done in the scaffolding was creating quite a problem because we had, and it, the size of the sidewalk, was or made much smaller because he had all of the obstacles there and the lighting was poor. and i talked to the building owner and i had them take down the scaffolding that had been up there for a long time and we are also dealing with the parking lot across the street and it is just kind of time to have the club step up and be able to control the sidewalk and so we have taken these things out and they should not be issues. the last thing is that the lieutenant was at a committee community and got a complaint about the rec room on california and regarding the people being drunk and loud. i contacted the owner and left a message. in the past when i dealt with
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the rec room they have been reseptemberive toward fixing whatever issues they had. >> great, thank you. >> commissioner joseph? >> hi, i have two questions. on the opening of the two containers on broad way. >> yes. >> i mean, who enforces that? the police? >> the police officer is on the scene and that is a major, a zero tolerance there. >> and is there, so there is nothing that the stores really can do, but they sell something and they put it in a bag and the guy walks outside and that is where their responsibility ends. >> and they would not be able to have them loiter out there and open up the container and you could not have a bottle opener for them and have them pop it open and but, there is, it is as far as the abc law there is not much of a difference if the person who says that i am going to go home into my apartment and open it up here. you know, i would say if people are loitering out in front that is an issue.
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are they serving intoxicated persons or juveniles, those are issues that are very black and white that we can deal with and it is hateder to be a mind reader. >> yeah. >> and say, yeah, you know this person is going to just hang out and open up the beer and violate the local ordinance as far as that goes. >> and my second question is about the seller. so now, that the scaffolding is down, is the line in any better shape >> i think that it is better and improve when they come over and still, we need better compliance with that. and what i talked to the people there, is that pretend that your mother immediates to get by on the sidewalk and what they don't want to see is a crowd blocking the way and have to go out in the street. that person, i think that they understood and they are working on it but as of a couple of weeks ago it was still last week. >> but what do you mean working on is it >> you either correct the line or you don't. >> it is hit or miss.
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i have had officers that go by the different clubs and report back to me and you know, some nights it will be, no they are really good and the lines are perfect and we had no problems and the other times it is like, they need to improve on that. >> how, because, because we are short staffed on inspecters, i was curious, is it hard for the police to write or say something get out of the car and straighten out the line? >> no that is one of the things that the sergeant put in your report that stop and address it and the other officers that contact me and give me feedback, they do get out of the car and deal with the situation. >> okay, thank you so much. >> commissioner? >> yes, how often, i mean, how often are their lines a mess? half of the time? three quauters of the time? a quarter of the time? >> it is hard to say because i
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get a just a synopsis, unless there are fights or an issue they are not just going to sit out and stage out there because there are so many different clubs that are working in the area. we have the things on broad way, and we have the fisherman's wharf area and vessel and near union square and so there is a lot of running around to go to the different clubs. >> i wanted to ask about broad way, and i just feel like broad way is really improved and especially in the last two years. and that, it is actually gotten much safer, and i think that and i am just wondering, you know, we had talked about a lot of things, a lot of ways to assist the clubs in a lot of neighborhood meetings and stuff like that. and i am just wondering are there any plans to go ahead with say opening the street, or doing something to kind of help
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change the atmosphere, now that it is already changing on its own. >> is there anything that is in the works there? because i kind of feel like, you know, now is the time to start moving forward. >> to answer all your question therecy large press conference on thursday morning and i believe at ten and addressing, all of the different issues that they have there and there is a community that was passed and so they are working with the different agencies. and we are actually all really excited about the progress that we are making. >> 10 p.m., do you know where that is. >> i believe that it is 10 a.m.. >> and i think that it is monroe. 473 broad way. >> okay. >> any other questions on this? >> commissioner lee? >> the line, is there a time that it usually happens in 11
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or primetime and it kind of lulls down? >> it is going to be during the primetime of when the people are trying to get in and then after when the clubs are closing, and when i go and do enforcement, i am not expecting perfection, and well, i want to at least and this goes with any club and i want to see an effort. and if somebody is coming out and i understand that you have a critical mass there, what i look at is what the security doing about it, are they actively trying to take care of the problem or are they sitting back with the foot against the wall and i am not referring to any specific places as far as them doing that, that is what i look for, what kind of an effort is being put in? >> proactive. >> yeah, i want an attempt. >> if i see a sidewalk blocked and i see the security actively trying to get the people to move along and go in an area, i am much happier with them and more willing to work with them. if i see a club that opens the doors, and kicks the people out and shuts the doors and gos in
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and i am not as happy with them >> any other commissioner comments or questions? >> thank you. >> >> anything other police that would like to speak to us? >> okay. let's take some public comment now. >> is there any public comment on the police report? >> mark lena and i rernd something yesterday that i wanted to pass along because it has to do with broad way, however, horizon, is or had some issues, and this is a duclin property and they have gone 7 days a week being opened and this is sort of interesting to put a couple of pool tables in there, unlike before, it is not profitable and it closes at 12 at night and it is a sports bar and the people live and that is kind of an interesting
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little factoid. thank you. >> thank you. >> any other public comment? >> seeing none, public comment is closed. there is no action, necessary so let's just move on to the next item. where is my agenda? >> item number 6, is review and possible action to review and change the conditions of the poe, place of entertainment permit for noble, located at 600 polk street. and i think that director can give us an introduction. >> commissioners this is put, on the agenda, primarily after a conversation with captain who is here from the northern station and myself, relative to what we feel is a pattern of incidents around the nightclub. and you have in your package, a time line, that so, i think that it starts around march of
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this year and goes to the present, and i know that the captain will review that as well as their place of permit and behind that is the director's order which is a corrective action that is what the staff took in june to place additional conditions, and the permit via a revised security plan and so if you will, take a minute to make sure that you review the conditions around the permit currently and as well as those to the letter that are all attached to the permit, via the order and you will see, you know, probably upwards of 20 conditions. and that exist currently, that you can review, as well, we put in security plan that was submitted on june fourth. and that i believe is our current security plan. and so, you can also take a look at that. and with that, i think that i
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am going to call up the captain to review the incidents that brought us here today. >> hello, thank you for joining us. >> thank you for having me, commissioners. my name is greg mccacrin and i am the commanding officer and over sees noble bar which we are here for tonight. i know that you have in front of you a packet thatwise sent to you earlier with kind of a time line, and i would like to spend a little bit of time talking about that time line and clarifying some points for you. and then obviously, you will be willing to answer any questions that you have. >> as a history for noble bar, and for my engagement or interaction with them, i have been the captain at northern
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station since december of last year, so only 9 months. and i had an opportunity to meet with the owners of noble bar in march and i will get to that in a minute. but for the time line that you see in front of you, there are a number of incidents that have happened at noble bar from the time that i got to northern station, up until now. and within this about nine month period, we have had 34 calls for service, we have also had to respond out to noble bar and, related to those cars for service, we have had one theft, and we have had two misdemeanor batteris that have occured and we have had one possible sexual assault that occurred in the bar for which the incident report was filed. and three aggravated assaults, including one mayhem where an individual had her left arm severely slashed down to the bone. and assault on a police officer this past weekend and which occurred last saturday night.
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three shootings, including one shooting that the victim was hit in the shoulder and 26 noise complaints, 12 of which we received since july fourth of this year. so on a time line back in january, 30th of this year, we had the first shooting that occurred in noble bar and involved the foot involving 20 people outside, and escalating to a shooting where a individual was fired upon and struck in the shoulder. march 14, of this year, i received an emal from a concerned citizen about the noise that was coming from the noble bar, prior to that i had met with the owners of noble bar and we were discussing the police services that we were providing to the noble bar for saint patrick's day and just a few days prior received an e-mail that i forwarded on to the entertainment commission, there are four or five videos
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that the individual had video taped that showed various noise and fights and uncontrolled individuals that were outside of the noble bar. and i met with the owners from noble bar, and we discussed that after an incident that happened on march 25th. on that day there was an aggravated assault in which that i spoke to you about earlier and it involved the victim who was cut with a knife as they were leaving noble bar. and that caused me to meet with the owners of noble bar and discuss their security plans, and it is myself, the owners of noble bar and my current or my permit officer at the time, officer dave freis and we talked about the concerns that we had with the noble bar including the noise and the shooting and the aggravated assault that occurred and we came up with what i thought was a good plan by the owners to not have some of the promoters that they had out there to
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improve the security, and to have better control of the patrons that were there. after that, noble was fairly quiet for a couple of months. and up until about may 18th. on may 18th. we responded twice in one night to the noble bar. one incident was report of a person with a gun. the officers responded out and could not find one. and however, responded just an hour later to a battery that occurred and the victim in that instance abstained a chipped tooth and a broken nose. >> ten days later on may 26th, is the victim that was in the bar and occurred in the bar and she was severely cut in the left forearm with a bottle. that incident itself is the one that precipitated a meeting with noble and the entertainment commission and i will get to that in a mission. the officers responded out and
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the victim was cut with the bottle severely. >> when we spoke to the manager of the bar he indicated that there was no fight and the individual had fell down and cut herself. >> the subsequent investigation showed that she was cut in the bar and arrested an individual. >> two days later on that monday that manager spoke with my permit officer and mentioned nothing about the victim getting cut and just said that we had an incident over the weekend at the bar. we had known that the woman had been cut by an individual and i was disturbed that he did not want to admit that there was an incident that occurred in the bar and make it seem like the individual had just slipped during what he termed a non-incident. and so we set up a meeting and we met in early june, with joselyn and my permit officer
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and the owners of the noble bar, and we came up with what we believe were some new stimulations to the permit. and so this is the second meeting that we have had with them. and some stimulations that we had was that noble would submit it to the security commission, which they did. >> and they patrol in 100 feet in every direction until the patrons had left. and they were to end all entertainment and noise by 1:30 in the morning, and improve the current sound proofing which they were going to implement by july fourth and i don't know whether or not you received anything on the improvement on sound but they indicated that they would, they would send us a 30-day calendar for all events that were going on to both the of police officers and the entertainment commission and they would increase the security to seven people on the weekends and that they would accept no party buses at their venue.
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just two days after we had that meeting on june 7th is when we had the report of a sexual assault that occurred in one of the bathrooms at noble bar and responded to another city and took an incident report and that is under investigation but the individual is not sure if she was actually drugged or sexual assault occurred but she did say that it did occur. on the 25th of july, is where we had another shots fired that occurred at noble. and that instance we found no victim and we jump forward then to the biggest incident that has caused us to be here tonight and that is september 1, that is the third shooting that occurred of noble bar. in that instance, there was a large fight that occurred inside of noble as a result of a mober pit party that was going on and the information that we have is the security actually broke up the fight in the bar and that they kicked out one of the parties that was inside and while they had done that they asked the other party
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that was involved to stay inside for fear that something might happen outside. >> and unfortunately in that instance, the security never notified the police department and never called us and asked us to come by to be in the area because of the fight that occurred, and that again, is one of the violations of the stipulations of the current place of entertainment. >> shortly there after, the victims that they had asked to leave were not outside. and the original group that confronted them inside of the bar, got into another altercation, where a shooting occurred. and three victims were inside of a vehicle, luckily no one was hit but the vehicle was and the windows were shattered and officers responded out to take an incident report. >> and two things occurred that night that were equally disturbing for this and one is that we, besides the fact that we had asked the security to notify the police department and they had not, and we
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responded to noble bar to obtain the video and one of the stimulations is to video tape everything and provide that to us if there is any incidents. >> when we went out we were unsuccessful of obtaining the video from noble bar. they claimed at the time that the video was over written and we were luckily able to obtain the video from another establishment where that happened. >> that caused me to send the e-mail to the executive director. and it was set on the calendar. since then, ten days ago, there have been two more incidents, september 10th, a driver that picked up intoxicated patrons and just this past weekend there was an aggravated assault of one of the officers, when the officers responded to the noble bar because of a fight involving about 20 people from
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a party bus. one of the officers was punched in the head and in interviewing the individuals that were involved in the party bus they indicated that they had come from the noble bar, once again a violation of the place of entertainment saying that they will not accept the party buses. just to recap as i close to you, there are numerous incidents noise complaints and sexual assaults and three shootings. we met in late march and we had a positive interaction ats that time. after that meeting the noise complaints continued and there were numerous incidents that required a police response. it culminated in may to the slash to the arm and stimulations were made and since then, a number of things
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have occurred that continue to show that the owners of noble are not adhering to their place of entertainment and they include, and failed to send us a 30 day calendar of events as theyindica and not shown an improvement to the noise reduction at noble and since we received 12 complaints just since july fourth, when they said that the noise would be dissipated. they did not call the police department in the most recent incident on september 4, that culminated a shooting that we could have prevented. they were unable to or would not provide the video footage related to the fight and the shooting when we asked by the san francisco police department and lastly, noble bar accepted a party bus this past weekend which culminated on an assault and two victims on a police officer. >> and i have been dealing with the entertainment commission and venues for a number of years and i was the captain at southern station for a long time and i have never been before this commission, and asked for a place of
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entertainment permit, to review, or to revoke or adjusted ever, i think that it is important that we have these venues and that they are something that is supportive of this city. but i cannot and will not put public safety in front of entertainment that happens. in this instance that is what is happening at noble bar. >> i am here tonight to ask you to make a stimulation to the change of noble bar's place of entertain.. i think that it is completely fair that their license should be revoked but that is not what i am asking for. i am asking for a 180 day suspension of their license after midnight. that the entertainment seize at midnight each night and during that 180-day period, i will send you any reports, and incidents that occur for us to reevaluate after that period. >> with that i will take any questions that you have. >> thank you, captain. >> i


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