NEIGHBORS TRY TO SHUT HOLLYWOOD SEX CLUB; GOLDBERG BACKING SITE'S RIGHT TO RUN.

Byline: Rick Orlov Daily News Staff Writer

Hollywood residents are appealing to homeowner groups citywide for help in a showdown today in their fight to close a gay sex club that has been operating without a permit since January with the support of Los Angeles Councilwoman Jackie Goldberg.

Operators of The Barracks, 4621 Hollywood Blvd., are seeking a conditional use permit to allow the club to stay open even though it is adjacent to a residential neighborhood and near an elementary school. The City Council's Planning and Land Use Management Committee is to consider the proposal today.

Residents complain that they are awakened at night by noise and bothered by parking problems from the establishment that stays open until 4 a.m. weekdays and 6 a.m. weekends.

``This is an older neighborhood, a working-class neighborhood and people need their sleep,'' said L. Gail Gordon, an attorney hired by the Rampart Rangers-East Hollywood Neighborhood Watch Group. ``They are very worried about the impact of parking. Many of the club patrons park on residential streets and the cars are there all night long.''

But the club has a strong ally in Goldberg. The councilwoman, who would not respond to questions Monday, wrote in a February letter to Associate Zoning Administrator Horace Tramel that the club should be allowed to remain open because it serves an important function.

``Men's sexual encounter clubs help to reduce public sex that occur in our community,'' she said.

``Men's sexual encounter clubs offer an opportunity for safe sex education and HIV prevention. The proposed sexual encounter club will provide a way to reach men who otherwise may not identify (themselves) as gay or go to gay bars,'' Goldberg's letter says.

Geoff Saldivar, president of the residents group, said they are not making an issue about what goes on inside the club.

``We aren't concerned with anyone's sexual orientation,'' Saldivar said. ``What we are concerned with is eliminating an ongoing problem we've had in the area.''

Saldivar also said he doesn't understand how the club has been able to operate without permits.

``The city wouldn't let a restaurant or a hotel open without their permits,'' Saldivar said. ``How can this be allowed to continue?''

Saldivar also noted that the club is near Lockwood Elementary School and within 500 feet of a residential area, despite a city ordinance that prohibits adult entertainment establishments from operating so close to homes.

An aide to Councilman Hal Bernson, who chairs the committee set to hear the conditional use permit request today, said the case was unusual.

``Here you have an adult business that has been apparently operating illegally, adjacent to a residential neighborhood and a school and the council member is in favor of it against the community,'' said Francine Oschin, a Bernson deputy.

``We don't think there's ever been such a case,'' she said. ``It's just very unique.''

Citation on hold

Building and Safety officials, who enforce the city's zoning laws, said they cited The Barracks earlier this year for operating without proper approval.

``That citation was appealed and since the case is before PLUM (Planning and Land Use Management committee), everything is on hold,'' said Ron Skarin, principal inspector of commercial properties.

The neighborhood battle between residents and sex clubs has been going on for more than 20 years. When a private club known as the Meat Rack closed in March 1996, residents breathed a sigh of relief.

``Once that happened, a lot of the problems in that area disappeared,'' Saldivar said. ``Then, this last January, The Barracks opened and the problems returned.

``It opened as a bar and then a couple of months afterwards, we received a notice they wanted to be a sexual encounter establishment.'' he said. ``We were astounded.''

Closing recommended

That notice gave residents the opportunity to successfully oppose its request for a conditional use permit. Tramel, the zoning administrator who heard the case, recommended March 18 that the club be closed.

That decision was overturned by the Board of Zoning Appeals on May 20 after a Goldberg aide testified to the councilwoman's desire to allow the club to remain open. Goldberg had recommended conditions be imposed on parking, security guards and limiting noise.

Tramel said he didn't believe he could authorize the club's continued operation based on the case presented to him.

``But, it was appealed, and the Board of Zoning Appeals overruled my findings,'' Tramel said.

Saldivar said the decision stunned residents.

``We had felt fairly confident there would be no problem with the BZA,'' Saldivar said. ``But they were clearly intent on approving this use.''

In a summary of the BZA's findings, the board did closely question representatives of the owners over parking problems and agreed with Goldberg's suggested conditions that, among others, it have two security guards on patrol to assure no sexual acts are being performed outside the club, that the club provide free condoms, limit noise, prohibit parking in residential areas and provide safe sex guidelines to its customers.

The Los Angeles Police Department's Administrative Vice Division agreed with Goldberg's conditions, and also added that police and fire officials be allowed to have access to the club at all times.

Saldivar said his group had worked closely with Goldberg on other issues, but she rebuffed them over the club.

``When we approached her, she told us she supported the club, but was concerned about the parking,'' Saldivar said. ``We realize you're never going to agree 100 percent and we're very good at working with our elected representatives. We just feel her staff didn't do their homework before getting her to support this.''

Despite Goldberg's recommended conditions, Saldivar said nothing has changed.

``None of that has happened,'' Saldivar said. ``This is an older neighborhood and the patrons are still parking on our streets all hours of the night.''

AIDS education

The club also received support from city AIDS Coordinator Fred Eggan, who said he supported the establishment only as a way to get information out to the gay community on safe sex practices.

``We are always in search of places where we can do AIDS education,'' Eggan said. ``We would much rather have it in a place like this rather than a public park where it would be a nuisance.

``My interest only is if they are going to exist, we need to use as many places for AIDS education as we can find.''

Because of Goldberg's support of the club, Saldivar has sent out an appeal for help to other homeowner groups around the city, asking them to get their council members to oppose the club. The Homeowners of Encino and the Van Nuys Homeowners Association have joined the Hollywood residents' fight to close the club.

``There's a tradition for the council to go along with what the member of a district wants,'' Saldivar said. ``We are just trying to make other council members aware of the problem.''

CAPTION(S):

Photo, map

Photo: Jackie Goldberg

MAP: Barracks Club