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CALL TO ORDER

 

The Chair called the meeting to order at 5: 15 P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Present at the meeting were Commissioners Jim Meko, Terrance Alan, Audrey Joseph, John Newlin.

 

Absent at the time of roll call were:  Jordan Shlain, Justin Roja and Joseph Pred.

 

Staff present was, Robert Davis and Crystal Stewart.

 

CALL TO ORDER AND ROLL CALL

 

1. Public Comment

 

No public comment.

 

2. Review and Approve the Minutes ofFebruary 17, 2009.

Public Comment

None.

 

Commissioner Alan moved to approve the minutes of February 17, 2009 Commissioner Newlin second the motion

VOTE:

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

NOES- None

Absent – Commissioner Shlain, Commissioner Pred and Commissioner Roja.

3. Report from the Executive Director. Noise Ordinance Task Force, Neighborhood issues, Mission, North beach, Fourth Street and South of Market.

 

Executive Director Robert Davis stated as a result of the noise ordinance there were amendments to Sec. 29 and 49 that were passed by the Board of Supervisors.  He added a task force has been formed and is comprised of stake holder in city departments that include building department, planning, port, SFPD and by the Health Department and the Entertainment Commission to discuss a way the legislation can be implemented.    He added the Entertainment Commission has the right of discretion in the granting of permits to determine if the scale deals with ambient noise on a low level and deals with noise from transmitting body. He added the Entertainment Commission had the ability to direct the sound technician to utilize his discretion to determine that no noise is transmitted 50 feet away where they currently say 5 decibel above ambient.  He added the new code sets ambient at the low range.  He added the Health Department will come back to the Commission with their suggestions and their reports and he will report back to the Commission on what the instructions were.   

 

Commissioner Alan requested they keep a trail of the conversation about the noise ordinance and recommend standards to staff that are sensitive to the neighborhood.  He added he would like to hear regular updates from the noise task force meetings.

 

Executive Director Robert Davis stated there was a shooting at club Lamoure and the owner was brought in for a meeting and the club was brought to the Commission’s attention by officer Anzore.  He added a letter was sent to the venue owner by Officer Fred Crisp from Central Police station.   He added the venue should come before the Commission and have their security and management plan reviewed.   He added on Friday night there were three large fights on that were on Broadway and Kearny and Saturday there were fights in Vallejo in Union from patrons exiting club.   He added overall there was a sense that Broadway was improving uptakes from time to time.

 

Lieutenant Richard Paton stated on his swing watch shift he observed a fight of about 20 people fighting in the middle of the street in front of the Hustler Club and someone fired a weapon and they tried to control what was going on.  He added there were issues of serving under aged patrons at 600 Jackson Street.     

 

Executive Director Bob Davis stated they had a meeting with Caliente which was on the agenda and he had a meeting with Deborah Walker on the issues of noise emanating from two potential clubs on Florida Street and there were pulling together a neighborhood meeting with the club owners of Circolo and Whisper.  He added there were no reports emanating from 6^th Street other than some acts of violence but no noise that can be attributed to Club Six.

 

4. Report from the President.

 

a) Update on survey for the Town hall meeting sponsored by Entertainment Commission and the Small Business Commission.

 

Chair Joseph stated there was a meeting schedule for March 30, 2009 at 3:00 P.M. at the Corbett Auditorium at the San Francisco Library and the meeting was co-sponsored meeting between the Entertainment and the Small Business Commission for the purpose of offering assistance aid and listening to comments from the nighttime economy.  She added there was a Survey on Survey Monkey and support of the Commission was encouraged.

 

5. Club Calientereview existing conditions and recommendations for new conditions.

 

Executive Director Robert Davis stated there were a set of conditions recommended by Southern Police Station and he has met with the owner of Caliente and reviewed his security plan and he was present tonight to talk about his policies and listen to suggestions by the Commission.  He added if conditions were imposed they would be a permanent part of his permit application and he would be required to meet the conditions.

 

Officer Nicole Bruckert with Southern Police station stated they had several issues with Club Caliente.  She added in the last eight months there had been several acts of violence.  She added in February there was a stabbing and the victim was transported to the hospital, in December there was a shooting where the victim was struck and went to the hospital, in November there was an aggravated assault with bodily injury and bottles were thrown and the victim lost a tooth and was transported to the hospital.  She added in May there was a gang related stabbing that occurred and the victim went to the hospital.  She added all the incidents either occurred inside the club or altercations started inside the club and lead outside the club within 100 ft of the venue.   She added some of the concerns were when the incidents occurred the police were not notified.   She added they have a capacity of 295 and reports she has received indicated they had only four security guards working at the door and no metal detectors or wands were being used.  She added the sidewalks were obstructed and the door was often left opened to the venue and where were numerous complaints regarding noise, public urination and fighting.  She added Southern Police stations has suggested 13 conditions be added to their permit which was similar to Icon’s conditions.  She added the Captain was 100 percent behind the conditions.

 

Commissioner Alan asked if there could be notification on the incidents prior so the Commission could be proactive in the process as soon as possible.

 

Officer Nicole Bruckert stated her protocol was to fax the reports to the Entertainment Commission office on Monday mornings.

 

Maurice Salinas stated he was the owner of Club Clientae.

Chair Joseph asked why they did not call the police when there were incidents at their venue and if pat downs were done and if they had a white zone and were there two doors at the entrance of his venue. 

 

Marcus Salinas stated he had a procedure if it was more than a high level they did call the police and there were times when there were no police in the area.  He added the shooting that occurred it was a robbery had nothing to do with his venue because it was after 2:00 AM and were in the in the process of taking out the garbage.   He added in November police was called and pat downs were done on the whole body of males and were not done on women but their purses were checked.  He added they did not have female security guards but if required they would hire one.   He added he did not have a white zone and they did have two sets of doors the first door was metal that secured the whole building and was open for the Fire Department and the other set of doors allowed you to enter the club.

 

Commissioner Meko stated the idea for the double doors was one set is always closed while the other set was to remain open.  Marcus stated second set of doors were closed all the time.

 

Commissioner Alan asked if he had a security device used to record club activities.   He added the purpose of having two sets of doors was one set was to remain closed at all times so there was not an opportunity to look inside the venue from the street which also created sound issues.

 

Maurice Salinas stated he did not have a recording device and was open to suggestions.

 

Commissioner Newlin suggested a female security was needed with the medal detectors and wands.

 

Marcus Salinas stated he would implement getting a female security guard medal detectors and wands.

 

Chair Joseph stated she was more concerned with the security than the noise and was his male security was trained to do security properly. 

 

Marcus Salinas stated he would hire big bouncers that he thought could handle a crowd.

 

Chair Joseph stated big bouncers was not enough and recommended that he look at someone to train security guards.

 

Commissioner Alan stated to guide Mr. Salinas

towards a solution it was clear a new Security plan was in order and part of the security plan would be outlining the security training the personnel received and what background information they received on their security and how many the occupancy of the venue.  He added now was the time to start from ground zero and rebuild the security.  He suggested that the applicant submit a new security plan submitted by Mr. Salinas through staff to address the issues from Southern Police station to modify conditions as well as the comments that have come up in the meeting.

 

Chair Joseph suggested the applicant apply for white-zone.

 

Commissioner Newlin suggested before it was implemented they could use temporary signs.

 

Office Nicole Bruckert stated they implemented the signs for a little while but it SFPD observed employees rip the signs down and it was irrelevant at that point.   

 

Marcus Salinas stated if it were true about the signs being posted there was a big problem with another club at 316 11^th street and when the problems were happening the police decided to post a command center for the clubs.   He added Caliente was not an issue at that point.

 

Officer Nicole Bruckert stated 316 was not the only reason the command center was posted there were numerous incidents on the street and Caliente was one of those issues.

 

Chair Joseph stated he was responsible for what happen at his venue and the public safety of the patrons and passerby’s on the street.

 

Commissioner Meko stated the incidents of violence had to be taken personally he added on the other hand he knew the applicant was a person of goodwill and were trying to do the right thing.  He added unfortunately he thought he had problems with the quality of his security and said the Commission was not there to make operating his business difficult that they end up closing the business and would like to see them thrive at the location.   He added once the conditions were applied staff could work with the applicant and point him in the right direction in implementing the conditions.

He added once the Commission voted the conditions were applied immediately.

  

Chair Joseph stated staff should get trained on how to use medal detectors.

 

Marcus Salinas stated he agreed and before the issues got tough he would like more prompt communication with the police.

 

Public comment

 

Ms. Nadie Ramirez stated she was a resident of the SOMA for over 30 years and attended the venues in the SOMA area and was aware of the entertainment in the city.    She added she has called the non emergency numbers numerous times and has heard the yelling and screaming and stabbings and was aware of the violence in the SOMA area and attended the Entertainment Commission Summit last year.  She added there was graffiti on the applicants building which she thought brought more graffiti and thought the command post was the best thing for the area and hoped the changes would improve the venue and the area.

 

Public comment closed.

 

Commissioner Alan suggested the following modifications to Caliente from conditions 1 through 18.

Conditions to Caliente item No. 1 notification shall include the Entertainment Commission, Executive Director or designee item No. 2 remains the same item No. 3 becomes modified to add the words “after nightclub clearly distinguishing marked or apparel for staff to be identified, item No. 4 substitute the word recorded or video taped to read “patrons must be visually recorded as they enter and exit the club, recordings must be retained by the club for 30 days and made available for SFPD at their request for investigation.” He added item No. 5 the caveat with regards to lighting that it is done with permits.   He added no changes to Item 6 though 9, item No. 13 add Entertainment Commission Executive Director or designee of the email notifications of the calendar, item No. 14 applicant includes a security plan a designation of 1 per 50 or for the term of the conditions and also include a women who is employed to do pat down female patrons, item No. 15 applicant shall apply for a white zone, item No. 16 the door shall be reconfigured as needed to positively effect sound transmission from the club and item No. 17 graffiti shall be removed within 24 hours of its placement of the exterior of the building and item No. 18 conditions are to be reviewed in six months for compliance and or modifications.

 

Commissioner Alan moved to approve modifications items 1 through 18 Commissioner Meko second the motion

 

VOTE:

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

NOES- None

Absent – Commissioner Shlain, Commissioner Pred and Commissioner Roja.

 

6. Discussion and possible action to adopt a resolution in support of a responsible “Bay to Breakers” event. 

 

Commissioner Alan asked to hear public comment to save the Bay to Breakers event so the race can continue in a responsible way.  He added Edward Sharpless would give an update of were they were in the progress of negotiating through the issues.

 

Edward Sharpless resides in Cow Hallow, chair of the Citizen’s for the preservation of the Bay to Breakers a group that was formed three weeks ago after the new regulations were announced by race organizers.  He added there was a lot of public outcry from the citizens of San Francisco when the new regulations were announced.    He added it prompted a fairly public discussion of the issue both in the media and city hall with the Board of Supervisors through the support of Supervisor Ross Mikarimi.  He added in the process they had an opportunity to sit down with the race organizers and were able to get information for the reasoning behind the strict zero tolerance regulations that were announced.  He added the discussion stopped there at that point decided they decided they would temporarily boycott registration until the issues were dealt with in a more serious manner.  He added that lead to the Mayor’s Office calling a meeting that occurred last Friday.  He added at the meeting there was a compromise built and was and they were thankful that all three tolerance bands were lifted.   He added there was no deep discussion about the logistics for the reasons the restrictions were put in place which were public urination in neighborhoods and on private property, trash left behind, float materials, crowds congregating in certain problem areas like the pan handle area.  He added the restrictions were put in place pointing the finger at the participants rather than taking a detail look at the issues with regards to poor planning and limited resources that have been applied to the race in the last year. He encouraged the Entertainment Commission to adopt the resolution.

 

Chair Joseph stated it was her understanding the event was not making money if the cost were increased they could not guaranteed and increase in paid registration.   

 

Edward Sharpless suggested a tier registration for participants who were not runners or finishing the race that were part of the parade portion and would be charged less.  He added they need additional resources for cost recovery.

 

Chair Joseph stated the Commission job was to keep their nose out of telling people how to run their business.  She added Commission set up conditions and criteria with regard to public safety, health, noise, security and getting their permits. She added the resolution told the people investing their money how to run their business which was an issue for her. 

 

Edward Sharpless added it was encouraged because there had been specific failures that had been appointed to by them and by residents.   He added there was some failure on the part of race organizers on people not registering for the race.

 

Chair Joseph stated they needed to tread very carefully in ht resolutions they made.   She added she supported the race staying in the city but thought less government involvement in some things was often better.

 

Commissioner Alan stated the race did not have common or consistent ownership for the history of the event.   He added the resolution urged that certain things be on the e table and considered and did not say it had to be done; however they did have collective experience on the Commission to urge the people to think of ways that problems involved without striping the event of something of the things that made it San Francisco style. 

 

Commissioner Meko stated it was a one day year event.  He added with regards to the resolution the first resolve of 1 through 7 captured all they needed to say to urge the sponsor of the Bay to Breakers to work with city agencies, neighborhood groups and race advocates.   He added they strike everything beyond line 7.

 

Public Comment

None

 

Commissioner Meko moved to pass the resolution with everything on page 3 from and strike everything beyond line 8 Commissioner Alan second the motion.

VOTE:

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

NOES- None

Absent - Commissioner Shlain, Commissioner Roja and Commissioner Pred

 

7. Police Department Comments & Questions.

(This item allows any member of the SFPD to address the Commission regarding

matters related to nightlife and public safety.

 

None.

 

8. Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission

 

a) Bellemore, John, and Eicher, Tim, dba QBar, 456 Castro Street, Place of Entertainment.

 

Executive Director Robert This location, formerly known as the Bar on Castro, was purchased by the applicants and the application was submitted on January 12, 2009. However, as applicants were unable to post the location until after Feb 1, 2009, the hearing was postponed until March 3, 2009. Application indicated desire to continue operations similar to previous owner, after making cosmetic and sound abatement improvements. This included primarily DJs, and some live shows. The venue has type 48 liquor license, and a capacity (per the applicant) of 72 inside.  The applicants have been before the Entertainment Commission in February requesting multiple one night event permits, which were granted. They have illustrated a documented willingness to work with their neighbors in the Castro, who have had sound issues in the past with this location. Staff has not had any complaints regarding the previously issued permits. Planning has indicated that this is a permitted use (as previously permitted location).  As of 2/25, SFPD Mission Station has not responded. Staff has made calls to permit officer requesting reply and staff recommends conditional grant.

 

John Bellmore and Tim Eicher stated they have used the DJ’s for the One Night Permits that were granted at the last hearing and had done well with the events in their space with no complaints.     He added they had another meeting with the neighbors on their side of the street to express their concerns and there have been no complaints at this time.

 

Chair Joseph suggested on Halloween, Pink Pride and more security.

 

Tim Either stated they plan to implement more security.

 

Public comment

None.

 

Commissioner Meko moved to approve Commissioner Newlin second the motion.

 

VOTE:

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

NOES- None

Absent - Commissioner Shlain, Commissioner Roja and Commissioner Pred

 

b) Latimore, Joseph, dba Gallery Sensei, 251 Rhode Island Ave., Place of Entertainment.

 

Executive Director Bob Davis stated the applicant submitted application on January 22, 2009 to permit an art gallery and event space on Rhode Island Avenue between 15^th and 16^th streets (the very edge of the SFPD Southern District.) The applicant intends to do mostly DJ entertainment in this medium-sized space (250 persons, per applicant.)  There is a beer and wine license (temp) with limitation of service to 1:30am only every day.  Planning indicates this is a permitted use in the M-2 Showplace square area. SFPD Co. B indicates approval with conditions.  Applicant has been permitted by the Entertainment Commission previously for Otis Lounge, on Maiden Land. This location remains permitted with both a POE and Extended Hours Premises permits.  He added staff recommends a conditional grant.

 

Joseph Lattimore stated they were an art gallery event space and it would serve their business well if they if they could provide entertainment.   He added they have been open for four months with no incidents.

 

Commissioner Alan stated on page 2 indicates hours of operations will end at 12 midnight Monday through Friday and was there a reason why he stated those hours.

 

Joseph Latimore stated since the application was filed they changed their hours and they would be closed Monday through Wednesday they were not open passed midnight.   He added Thursday through Saturday they would remain open until 1:30 A.M.

 

 

Officer Nicole Bruckert stated the applicants had two one night events with no problems.

 

Public comment

None

 

Commissioner Meko moved to approve with the conditions that were forwarded from Southern Police Station Commissioner Newlin second the motion. 

 

Public comment

 

VOTE:

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

NOES- None

Absent - Commissioner Shlain Commissioner Pred and Commissioner Roja

 

c)Bentlly, Christopher, dba Bently Reserve, 301 Battery, Place of Entertainment.

 

Executive Director Robert Davis stated the application was submitted on February 2, 2009, to permit the location previously known as The Old Federal Reserve (or Orrick Herrington and Sutcliff) building. It was purchased by the Bently family and updated to the highest level of “green” building standards. The first two floors are used as event space, both public and private.  The space is rentable 7 days per week, and has occupancy of 950. There is no liquor license on premises, but use of caterers is most common.  In general, according to the applicant, events end at 1:00 AM on weekends. Included in the application submission was a letter in support from the commercial tenants of the building, The Bar Association of California. Planning has indicated this is a permitted use. SFPD Co. A is still investigating as of 2/25/09, per new permit officer Scott Gaines.  He added staff recommends a conditional grant.

 

Vivian Perez manager of Bentley Reserve stated rented out their venue mainly for private events such as weddings, corporate and non profit events and they recently opened a new conference center.   She added they did not want to make any changes to their operation but wanted to make sure they were in compliance.   

 

Public Comment

 

Officer stated he was present on behalf of Captain Dudley representing Central Police and was requesting a 1 to 75 ratio for security and a contract showing proof of available off street parking.

 

Chair Joseph asked why he requested the 1 to 75 ratio for security for this particular venue.

 

Officer stated he was not informed why but from his knowledge of working in the neighborhood for the last several months doing Broadway detail on Friday and Saturday nights and the location was about 10 blocks from Broadway.  He added if there were issues they would not be informed right away since their focus was on Broadway and he thought the Captain felt due to the other events that went on in the area.

 

Chair Joseph asked what arrangements the applicant had for parking.

Vivian Perez stated there was parking available across the street and the Embarcadero parking Center and after business hours the area was empty.

 

Commissioner Alan moved to approve with the standard with the Good Neighbors Policy Commissioner Meko second the motion.

 

VOTE:

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

NOES- None

Absent - Commissioner Shlain Commissioner Pred and Commissioner Roja

9. Entertainment promotion in San Francisco. (This item allows commissioners to suggest and discuss ways in which the Commission could improve promotion of entertainment in San Francisco).

None.

10. Commissioner’s Comments & Questions.

 

Commissioner Alan stated he cosponsored an event in the tenderloin with Police Commissioner President Teresa Sparks to gather input recommendations and suggestions from the community about qualities they would like to see in the new police Chief.   He added he secured the agreement of the police Commission through the president to hold a joint meeting with Entertainment Commission to talk about late night issue.   He added there has been a formal beginning to the Taylor street art exhibit.

 

Commissioner Meko stated the Western Soma planning process plan was about a year away for adoption.  He added last week the full task force voted on some entertainment related issues in the area south of Harrison Street there were two proposed zoning districts and mixed use office area.  He added they voted unanimously to allow all forms of entertainment in the district.

 

Chair Joseph stated she has been asked to manage the stage for the Prop 8 event tomorrow night on the steps of the Supreme Court Building.   She added there would be a parade that went to Civic Center to televise the event for and against prop 8.

 

Commissioner Alan added this morning there was a press conference at 11:00 A.M. at TOSCA’s the entertainment community was present and acknowledged by Senator Mark Leno along with Sean Pean to bring back the California initiative to create a Harvey Milk Day.

 

11. New Business Requests for Future Agenda Items.

(This item is to allow Commissioners to introduce agenda items for future consideration).

 

Commissioner Alan stated based on how their meeting with Circolo and Whisper there should begin to be some public record they could point to around the Entertainment Commission being proactive to responding to the issues in that neighborhood would help.

 

Executive Director Robert Davis started L’ Amour should be added on the next Entertainment Commission agenda.

 

Adjournment.  7:35 P.M.