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CALL TO ORDER

 

The Chair called the meeting to order at 5:04 P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Present at the meeting were Commissioners, Justin Roja, Terrance Alan and Audrey Joseph.

 

Absent at the time of roll call were: John Newlin

 

Commissioner Joseph moved to item 6 & 7 to item 5 and Commissioner Alan moved Item 2 to the end of the agenda.

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Meko and Commissioner Alan

NOES -None

Absent -Commissioner Newlin

 

1. Public Comment

 

Members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission.  With respect to agenda items, members of the public may address the Commission for up to three minutes at the time such item is called.

 

Barry Taranto stated he was unable to attend the Board of Supervisors Committee hearing on October 26, 2009 and was amazed how many people support the Commission and it was great to see the new legislation to give the Commission an opportunity to enforce the rules and regulations and they should stress the Commission did not deal with strip clubs since everyone was blaming the Commission for things they had no jurisdiction over. He added moving forward the Commission should do a better job of saying what they can do and what they could not do as a Commission.   He added it would be good to have the two positions filled as soon as soon as possible and supported Triple Crowns permit application and SF Weekly article was a sham and as a journalist there was not enough homework done by the journalist who wrote the column.

 

Executive Director Robert Davis stated the Commission would be hearing applications for the two vacant Commission seats on Thursday.

 

Public comment closed.

 

Item No. 7 is now Item No. 2

 

2.      Discussion and Possible action to adopt recommendations by subcommittee on the issue of the Pre-Application Process: Proposed change to the application process for Place of Entertainment and Extended Hours Premises permits, requiring applicants to have a   pre-application formal outreach process to neighbors and neighborhood groups. [Action Item]

 

Commissioner Alan took notes and distributed them to staff and the Commission.  He added he Commissioner Meko and Deputy Director Jocelyn Kane met and asked Commissioner Meko to comment since it was his item.

 

Commissioner Meko stated the Pre-Application process that would address the need to provide a structure to help applicants reach out to their neighbors before submitting an application.  He added the planning department had a pre-application process in place for more than three years and it established a framework for showing the applicant how to notify interested parties and how to conduct a meeting and how to record the results of that meeting and how to move forward with their application.   He added on page 3 at end of the paragraph cross out “Planning Department” and substitute with Entertainment Commission and page 6 substitute “name of concerned neighbor/neighborhood group” to avoid controversy they replaced it with the word “participates.”  He added the three areas where they did not come to complete agreement revolve around No.1 whether the policy was required or only suggested and No. 2 a clearer definition of what the neighbors are. No 3. Staff concerns about the staff facilitated option.  He explained the policy in brief.  He added the first page was an explanation of what the pre-application was and codifies how one should go about notifying their neighbors.  He added page No. 2 was the entire process and following was the forms that were tied in with the process. He added page 4 was an affidavit they sign that they conducted a pre-application meeting.   He added the process was done to make issues addressed ahead of time.

 

Commissioner Alan stated the definition was a concern and he proposed the word “community” be in place of neighbors and the following two sentences is added to the open sentence on page 1.  The word community shall be shall be inclusive of residential, commercial retail and industrial neighbors and the word neighbor refer to all types of proximate usage including but not limited to residential usage and when doing outreach the applicant shall equally outreach to all use types.  He added they did not discuss the mandate the language of the draft proposal on page it contained the word require to possibly “strongly suggest.”

He added staff should check with the City Attorney and make sure they were not doing something wrong.

 

Commissioner Meko stated with regard to legality it was based almost verbatim on the pre application process policy that was adopted by the Planning Commission and was vetted by the City Attorney.  

 

Commissioner Joseph stated she understood Planning’s position but this was the Entertainment Commission and they had a concern to deal with that Planning did not deal with which was the right to free speech.  She expected the applicants to have due diligence and to do outreach.  She asked how they will publicize that they have to do this; Jocelyn already sits down with applicants and should she now be doing that to a greater degree or additional staff resources, how much of a delay it would cause the applicants.  She added what if a neighbor dislikes a certain type of music and what happens to the applicant after the neighbors still don’t like it.  She added it was a good idea, however; they would complicate the process and the applicants pay a great deal of money for the application process already and she had concerns about it.

 

Executive Director Bob Davis stated once the application was submitted they had a hearing in 30 days.   The pre-app would take place prior and would not delay the application once it was submitted.   He added they would have to work out the details.

 

Chair Roja supported the application process.

 

Public Comment

None

 

Commissioner Alan moved to approve to adopt recommendations by subcommittee on the issue of the Pre-Application Process Commissioner Meko second the motion.

 

VOTE:

AYES - Commissioner Roja, Commissioner Meko, Commissioner Alan and Commissioner Joseph.

NOES -None

Absent -Commissioner Newlin

 

3. Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission. [Action item]

 

a)Metzger, Lawrence, dba Octavia Lounge/Triple Crown, 1772 Market Street, Extended Hours Premises.

 

Deputy Director Jocelyn Kane stated the application was before the Commission in March of this year that was continued. She added they have indicated they would like to remain open until 4:00 A.M. on Friday, Saturday’s and holiday’s. She added in April and May the commission heard from concerned neighbors and the applicants were instructed to hold meetings and have Sound Technician Vajra Granelli to conducts some sound test.   She added there were two emails that came in and a phone call of opposition and a letter of support came today.

 

Vice Chair Joseph asked that the applicant had applied for One Night Event Permits and where there any complaints.

 

Deputy Director Jocelyn Kane stated they had applied for some and no complaints were made.

 

Larry Metzger stated there were three one night permits issued.  Captain McDonough issued the permit.

 

Commissioner Meko asked if the permit was posted for 30 days and had anyone complain that there was not adequate notification.

 

Executive Director Davis stated there was a posting and there were no complaints about the posting.

 

Public Comment

 

Joe Pasternak stated the Triple Crown was a noisy venue and the police department was against the venue.  He hoped the Commission would vote no on the permit.

 

Dave Henderson sales manager at the Triple Crown supports the applicants and he feels the owner and mangers are trustworthy and hard workers.

 

Jason Henson has been a patron of Octavia and Triple Crown and he has seen the applicant do outreach to the neighbors.

 

Fernando O.  stated the applicant has made an effort to get the neighbors involved.  

 

Patrick O’Conner business associates with Larry Metzger stated he asked Officer Buckner about the issue of noise and the problem has been relieved.

 

Jose Manares a promoter at Triple Crown supports the venue and he has seen the applicants be very proactive in neighborhood outreach.

 

Brian a manager at the Triple Crown stated they have done several things to upgrade the venue by repositions speakers and added sound curtains.  He added they were continuing to help maintain and enhance the area.

 

Mannie Alfraz supports the Triple Crown afterhours and believed it would make it easier on disbursing the venue.

 

Public Comment closed.

 

Inspector Vajra Granelli stated in the past they have tried to get into the building to do sound test and he send out letters and no one got back to the staff to do a sound test.

Commissioner Meko stated could he get clarification with Joe in doing a sound test.

 

Inspector Vajra Granelli stated conflicting schedules on both parties.

 

Commissioner Meko stated 6 months was sufficient to reach conclusion on the matter and there has been no history of sound complaint problems.

 

Commissioner Joseph moved to approve Commissioner Alan second the motion

 

VOTE:

AYES - Commissioner Meko Commissioner Alan, Commissioner Joseph and Commissioner Roja.

NOES -None

Absent -Commissioner Newlin

 

b) Huerta Anthony, et. al., dba Lone Star Saloon, 1354 Harrison Street, Place of Entertainment/Billiard Parlor/Mechanical Amusement Device.

 

Deputy Director Jocelyn Kane stated the application was submitted in September and plans of entertainment were to include DJ’s and a possibly a live band.  She added Southern Police station has recommended approval with some conditions and staff recommends approval.

 

Jeff Beck stated he met with Gayle A to discuss the issue of the patio and they had every intention to keeping the volume down.  

 

Commissioner Meko stated it gave the applicant the opportunity to establish a personal relationship with them and he thought Gail and Jay pointed out some of the conditions and how it was important that they adhere to the conditions.  He added a cell phone number to be given out and to be answered at all times and noise is not to be audible in residents.

 

Public comment closed.

 

Commissioner Meko moved to approve Commissioner Joseph second the motion.

 

VOTE:

AYES - Commissioner Alan Commissioner Joseph, Commissioner Roja Commissioner Meko..

NOES -None

Absent -Commissioner Newlin

 

Now item No. 6

 

4. Review and Approve the minutes of October 6, 2009 and October 20, 2009. [Action Item]

 

Commissioner Alan moved to continue the minutes of October 6, and October 20, 2009 to the next meeting Commissioner Meko second the motion

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Meko, and Commissioner Alan

NOES -None

Absent -Commissioner Newlin

 

Commissioner Joseph was not present for Oct. 6^th meeting.

 

5.Report from the Executive Director. Public Safety Cluster Task Force, Halloween citywide, and the Noise Taskforce. Vajra Granelli report on recent venue sound inspections and report of activities by staff.

 

Executive Director Robert Davis stated the reports coming back to the public task force state and SFPD stated that crimes and nuisance were down and the more they work with community policing it will get better.  He added, Halloween went successful Castro was a little crowded but was orderly.  He added The Noise Task Force discussed the new legislation that would allow Vajra Granelli to administer a citation.  He added there was a possibility the money would go to the Commission for an additional sound technician and the process was still in the works.    

 

Sound Technician Vajra Granelli stated Club 181 was still a problem and Sloan had a slight problem with overcrowding and Impala had some problems but was in the process of being sold.  He added Roe was sited over the weekend by Officer Buckner on violations of the Good Neighbor Policy for crowed sidewalks and crowd control and had previously been sited for the same thing.  He added Southern Police Station asked they be brought in before the Commission.  He added Halloween went well some violence minor on Broadway.  Castro was busy between Market and 18^th Street.  He added the police deployment in Broadway ok; he added the massive crowd that was described in Embarcadero was 113 people who cleared out by 1:00 A.M.

 

Commissioner Meko stated he was notified by a neighbor about warehouse on 123 Langton Street that was a non-permitted venue that has occasional large events that has security personnel.

 

Commissioner Alan suggested getting a letter in writing from the Cluster Task Force for the files as a reference for the Commission.  

 

Meeting was adjourned.  6:30 P.M.

 

 

 

 

 

CALL TO ORDER

 

The Chair called the meeting to order at 5:04 P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Present at the meeting were Commissioners, Justin Roja, Terrance Alan.

 

Absent at the time of roll call were: John Newlin

 

Commissioner Joseph moved to item 6 & 7 to item 5 and Commissioner Alan moved Item 2 to the end of the agenda.

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Meko and Commissioner Alan

NOES -None

Absent -Commissioner Newlin

 

1. Public Comment

 

Members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission.  With respect to agenda items, members of the public may address the Commission for up to three minutes at the time such item is called.

 

Barry Taranto stated he was unable to attend the Board of Supervisors Committee hearing on October 26, 2009 and was amazed how many people support the Commission and it was great to see the new legislation to give the Commission an opportunity to enforce the rules and regulations and they should stress the Commission did not deal with strip clubs since everyone was blaming the Commission for things they had no jurisdiction over. He added moving forward the Commission should do a better job of saying what they can do and what they could not do as a Commission.   He added it would be good to have the two positions filled as soon as soon as possible and supported Triple Crowns permit application and SF Weekly article was a sham and as a journalist there was not enough homework done by the journalist who wrote the column.

 

Executive Director Robert Davis stated the Commission would be hearing applications for the two vacant Commission seats on Thursday.

 

Public comment closed.

 

Item No. 7 is now Item No. 2

 

2.      Discussion and Possible action to adopt recommendations by subcommittee on the issue of the Pre-Application Process: Proposed change to the application process for Place of Entertainment and Extended Hours Premises permits, requiring applicants to have a   pre-application formal outreach process to neighbors and neighborhood groups. [Action Item]

 

Commissioner Alan took notes and distributed them to staff and the Commission.  He added he Commissioner Meko and Deputy Director Jocelyn Kane met and asked Commissioner Meko to comment since it was his item.

 

Commissioner Meko stated the Pre-Application process that would address the need to provide a structure to help applicants reach out to their neighbors before submitting an application.  He added the planning department had a pre-application process in place for more than three years and it established a framework for showing the applicant how to notify interested parties and how to conduct a meeting and how to record the results of that meeting and how to move forward with their application.   He added on page 3 at end of the paragraph cross out “Planning Department” and substitute with Entertainment Commission and page 6 substitute “name of concerned neighbor/neighborhood group” to avoid controversy they replaced it with the word “participates.”  He added the three areas where they did not come to complete agreement revolve around No.1 whether the policy was required or only suggested and No. 2 a clearer definition of what the neighbors are. No 3. Staff concerns about the staff facilitated option.  He explained the policy in brief.  He added the first page was an explanation of what the pre-application was and codifies how one should go about notifying their neighbors.  He added page No. 2 was the entire process and following was the forms that were tied in with the process. He added page 4 was an affidavit they sign that they conducted a pre-application meeting.   He added the process was done to make issues addressed ahead of time.

 

Commissioner Alan stated the definition was a concern and he proposed the word “community” be in place of neighbors and the following two sentences is added to the open sentence on page 1.  The word community shall be shall be inclusive of residential, commercial retail and industrial neighbors and the word neighbor refer to all types of proximate usage including but not limited to residential usage and when doing outreach the applicant shall equally outreach to all use types.  He added they did not discuss the mandate the language of the draft proposal on page it contained the word require to possibly “strongly suggest.”

He added staff should check with the City Attorney and make sure they were not doing something wrong.

 

Commissioner Meko stated with regard to legality it was based almost verbatim on the pre application process policy that was adopted by the Planning Commission and was vetted by the City Attorney.  

 

Commissioner Joseph stated she understood Planning’s position but this was the Entertainment Commission and they had a concern to deal with that Planning did not deal with which was the right to free speech.  She expected the applicants to have due diligence and to do outreach.  She asked how they will publicize that they have to do this; Jocelyn already sits down with applicants and should she now be doing that to a greater degree or additional staff resources, how much of a delay it would cause the applicants.  She added what if a neighbor dislikes a certain type of music and what happens to the applicant after the neighbors still don’t like it.  She added it was a good idea, however; they would complicate the process and the applicants pay a great deal of money for the application process already and she had concerns about it.

 

Executive Director Bob Davis stated once the application was submitted they had a hearing in 30 days.   The pre-app would take place prior and would not delay the application once it was submitted.   He added they would have to work out the details.

 

Chair Roja supported the application process.

 

Public Comment

None

 

Commissioner Alan moved to approve to adopt recommendations by subcommittee on the issue of the Pre-Application Process Commissioner Meko second the motion.

 

VOTE:

AYES - Commissioner Roja, Commissioner Meko, Commissioner Alan and Commissioner Joseph.

NOES -None

Absent -Commissioner Newlin

 

3. Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission. [Action item]

 

a)Metzger, Lawrence, dba Octavia Lounge/Triple Crown, 1772 Market Street, Extended Hours Premises.

 

Deputy Director Jocelyn Kane stated the application was before the Commission in March of this year that was continued. She added they have indicated they would like to remain open until 4:00 A.M. on Friday, Saturday’s and holiday’s. She added in April and May the commission heard from concerned neighbors and the applicants were instructed to hold meetings and have Sound Technician Vajra Granelli to conducts some sound test.   She added there were two emails that came in and a phone call of opposition and a letter of support came today.

 

Vice Chair Joseph asked that the applicant had applied for One Night Event Permits and where there any complaints.

 

Deputy Director Jocelyn Kane stated they had applied for some and no complaints were made.

 

Larry Metzger stated there were three one night permits issued.  Captain McDonough issued the permit.

 

Commissioner Meko asked if the permit was posted for 30 days and had anyone complain that there was not adequate notification.

 

Executive Director Davis stated there was a posting and there were no complaints about the posting.

 

Public Comment

 

Joe Pasternak stated the Triple Crown was a noisy venue and the police department was against the venue.  He hoped the Commission would vote no on the permit.

 

Dave Henderson sales manager at the Triple Crown supports the applicants and he feels the owner and mangers are trustworthy and hard workers.

 

Jason Henson has been a patron of Octavia and Triple Crown and he has seen the applicant do outreach to the neighbors.

 

Fernando O.  stated the applicant has made an effort to get the neighbors involved.  

 

Patrick O’Conner business associates with Larry Metzger stated he asked Officer Buckner about the issue of noise and the problem has been relieved.

 

Jose Manares a promoter at Triple Crown supports the venue and he has seen the applicants be very proactive in neighborhood outreach.

 

Brian a manager at the Triple Crown stated they have done several things to upgrade the venue by repositions speakers and added sound curtains.  He added they were continuing to help maintain and enhance the area.

 

Mannie Alfraz supports the Triple Crown afterhours and believed it would make it easier on disbursing the venue.

 

Public Comment closed.

 

Inspector Vajra Granelli stated in the past they have tried to get into the building to do sound test and he send out letters and no one got back to the staff to do a sound test.

Commissioner Meko stated could he get clarification with Joe in doing a sound test.

 

Inspector Vajra Granelli stated conflicting schedules on both parties.

 

Commissioner Meko stated 6 months was sufficient to reach conclusion on the matter and there has been no history of sound complaint problems.

 

Commissioner Joseph moved to approve Commissioner Alan second the motion

 

VOTE:

AYES - Commissioner Meko Commissioner Alan, Commissioner Joseph and Commissioner Roja.

NOES -None

Absent -Commissioner Newlin

 

b) Huerta Anthony, et. al., dba Lone Star Saloon, 1354 Harrison Street, Place of Entertainment/Billiard Parlor/Mechanical Amusement Device.

 

Deputy Director Jocelyn Kane stated the application was submitted in September and plans of entertainment were to include DJ’s and a possibly a live band.  She added Southern Police station has recommended approval with some conditions and staff recommends approval.

 

Jeff Beck stated he met with Gayle A to discuss the issue of the patio and they had every intention to keeping the volume down.  

 

Commissioner Meko stated it gave the applicant the opportunity to establish a personal relationship with them and he thought Gail and Jay pointed out some of the conditions and how it was important that they adhere to the conditions.  He added a cell phone number to be given out and to be answered at all times and noise is not to be audible in residents.

 

Public comment closed.

 

Commissioner Meko moved to approve Commissioner Joseph second the motion.

 

VOTE:

AYES - Commissioner Alan Commissioner Joseph, Commissioner Roja Commissioner Meko..

NOES -None

Absent -Commissioner Newlin

 

Now item No. 6

 

4. Review and Approve the minutes of October 6, 2009 and October 20, 2009. [Action Item]

 

Commissioner Alan moved to continue the minutes of October 6, and October 20, 2009 to the next meeting Commissioner Meko second the motion

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Meko, and Commissioner Alan

NOES -None

Absent -Commissioner Newlin

 

Commissioner Joseph was not present for Oct. 6^th meeting.

 

5.Report from the Executive Director. Public Safety Cluster Task Force, Halloween citywide, and the Noise Taskforce. Vajra Granelli report on recent venue sound inspections and report of activities by staff.

 

Executive Director Robert Davis stated the reports coming back to the public task force state and SFPD stated that crimes and nuisance were down and the more they work with community policing it will get better.  He added, Halloween went successful Castro was a little crowded but was orderly.  He added The Noise Task Force discussed the new legislation that would allow Vajra Granelli to administer a citation.  He added there was a possibility the money would go to the Commission for an additional sound technician and the process was still in the works.    

 

Sound Technician Vajra Granelli stated Club 181 was still a problem and Sloan had a slight problem with overcrowding and Impala had some problems but was in the process of being sold.  He added Roe was sited over the weekend by Officer Buckner on violations of the Good Neighbor Policy for crowed sidewalks and crowd control and had previously been sited for the same thing.  He added Southern Police Station asked they be brought in before the Commission.  He added Halloween went well some violence minor on Broadway.  Castro was busy between Market and 18^th Street.  He added the police deployment in Broadway ok; he added the massive crowd that was described in Embarcadero was 113 people who cleared out by 1:00 A.M.

 

Commissioner Meko stated he was notified by a neighbor about warehouse on 123 Langton Street that was a non-permitted venue that has occasional large events that has security personnel.

 

Commissioner Alan suggested getting a letter in writing from the Cluster Task Force for the files as a reference for the Commission.  

 

Meeting was adjourned.  6:30 P.M.