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CALL TO ORDER

 

The Chair called the meeting to order at 5:06 P.M.

 

ROLL CALL

 

Deputy Director Jocelyn Kane called the Roll. 

 

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

 

Absent at the time of roll call were:  John Newlin Joseph Pred and Jim Meko.

 

Staff present was, Robert Davis, Jocelyn Kane, Vajra Granelli and Crystal Stewart.

 

Chair Joseph made a motion to amend the agenda.

 

Commissioner Alan moved to approve amending the agenda to call the notice items as item No. 6 as No. 1 and the balance of the agenda in the order as printed. Commissioner Roja second the motion.

VOTE:

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

NOES- None

Absent - Commissioner Meko and Commissioner Pred

 

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

 

a) Maury, Josette, dba The Blue Macaw, 2565 Mission Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated the location has been before the Commission a number of times the applicant applied for a Place of Entertainment permit on March 18, 2009 and is the owner of the building.   She added the applicant obtain a type 47 liquor license and intends to operate as a restaurant providing entertainment in the form of live music and art shows, some DJ’s and private events.  She added location is zoned to allow entertainment and Mission Police station indicates no objections to the Place of Entertainment.  She added there was one letter of support from a neighbor and another from Scott Dudley.

 

Josette Maury stated she intends to reopen as a full service restaurant, art gallery and to do recorded and live music.

 

Chair Joseph asked had she made any additional improvements to the sound of the building above what the former 12 Galaxies had done.

 

Josette Maury stated she tried to close up every hole on the roof including the skylight on the roof and did everything necessary so that sound would not escape.

 

Commissioner Alan stated the previous owner did a large amount of work in the effort to keep the sound contained within the building and was she able to pass the sound test in their current configuration.

Sound Technician Vajra Granelli stated the prior owners did finish the work and at the end of their phases of soundproofing he would have to research his notes.  He added they got through the first two processes.

 

Commissioner Alan stated it would be beneficial for Vajra to meet with the applicant so they could identify anything to guide her to direct her resources of what was done before. 

 

Chair Joseph asked if they had security cameras.

 

Josette stated they have a camera on 24-hours a day.

 

Commissioner Meko reinforced the issue of noise regardless of phase of sound proofing might be the ultimate standard is sound is not to be audible in surrounding neighbors.

 

Josette has agreed to play all music to the house system and felt it would elevate the past problems.

 

Public Comment

 

Scott Dudley stated he previously had spoken to the applicant before and was appreciative of the work she has put into the venue and was looking forward to the opening.

 

Barbara Fleck stated she would be the manager of Blue Macaw and in addition to the sound proofing they have sound proofed the men’s bathroom skylight to eliminate sound. She added she previously worked with the applicant and was a responsible business owner and concerned for her neighbors.

 

Jason Schlacehet stated he was a neighbor and was looking forward to checking out the business.

 

Public comment closed.

 

Commissioner Alan moved to approve the permit with the requirement that the applicant complete a detail and final security plan to include all guidelines that including what type of training and the chain of command for the guards will be and the cool down policy and how to exist patrons in conflict along with the  Good Neighbor Policy Commissioner Roja second the motion. 

 

VOTE:

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

NOES- None

Absent - Commissioner Meko and Commissioner Pred

 

a) Fegan, Cassidy, dba Sloane, 1525 Mission Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated the applicant applied in August 2008 and at their request the item was continued due to construction issues.  She apologized that it was also for an extended hours permit. She added Southern Police station recommends approval with conditions back in August of 2008 and staff recommends conditional grant. 

 

Chair Joseph stated they would have to continue the item since the agenda did not indicated extended hours.

 

Cassidy Fegan stated it was a 49 capacity and more of a lounge than a nightclub and they would have a DJ and would have a high end upscale bar with limited promoters.

 

Commissioner Alan recommended the applicant apply for a white-zone and suggest he file for one as soon as possible.

 

Cassidy Fegan stated he had agreed.

 

Commissioner Meko asked if the applicant had any problems with the conditions from Southern Police station

 

Cassidy Fegan stated he had no problems with the conditions.

 

Public Comment

None

 

Commissioner Roja moved to conditionally approve adding the white zone adding and attaching Southern Police station conditions along with the Entertainment Commission Good Neighbor Policy. 

VOTE:

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

NOES- None

Absent - Commissioner Newlin and Commissioner Pred

 

c) Robb, Michael, dba Home Restaurant, 2100 Market Street, Loudspeaker Permit request (for daily amplification)

 

Deputy Director Jocelyn Kane stated they applied for several loudspeakers for their opening to attract customers during the lunch time operation.  She added Staff recommends a conditional grant with specific hours of operations and a sound test to determine appropriate sound for the area and a trial period for possible neighbor concerns or complaints.

 

The item was continued the item since applicant was not present.

 

No public comment.

 

Commissioner Alan moved to continue the item due to questions about hours of operation that need to be answered by the applicant.  Commissioner Roja seconed the motion.

VOTE:

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

NOES- None

Absent - Commissioner Newlin and Commissioner Pred

 

Public Comment

 

Don Cecil stated he wanted to make sure the process gave his quality of life equal footing with a business ability to operate and for people to attend and have a good time.  He added he was left with the feel the process was more reactive the proactive.   He added he has worked with Triple Crown on a base music issue and they were very responsive but again responsive.   He added he would have liked if Triple Crown and the Commission to have had a public meeting and engage the neighbors in the process.

 

Joe Pasternak stated he was opposed to the Entertainment Commission granting Triple Crown a place of entertainment permit and extended hours permit. He added he had concerns about noise, vandalism and violence.   He added Southern police station were not responsive to police calls.  He added the Entertainment Commission needed to develop a plan that would coordinate police response and presence between Northern and Southern police station before issuing any permits and felt it would ne negligent for the Commission to grant late night permits without taking steps to ensure the health and safety of all residents and patrons.

 

Pamela Gloston-Zeck stated she lived in a family owned Victorian flat on Haight Street adjacent to the rear of the club and she and her husband sent she sent a letter objecting the extended hours permit because the noise level in the venue has kept her and her school age children awake.  She added she did not think anything good could come from extending the hours of operation and has not seen any neighborhood outreach.

 

Andrew Wood with the San Francisco International Arts Festival invited the Commissioners and staff to the Arts 6^th Annual Festival next month with an opening night reception at the War Memorial in the Green Room.

 

Mark Rennie stated Andrew Wood’s funded was pulled by the city and it was amazing he was still standing.  He added current events created future trends.   He was told today by the largest license broker in the state that there has been no license transfer activity in the City and County of San Francisco over the past six weeks.  He added in the last eight weeks the price of an ABC license 47 and 48 had feel from $80,000.00 down to $40,000.00 in Los Angeles County.   He added he was a the Planning and Building Department and it was empty and was told there was no large project before the San Francisco Building Department in the entire city of San Francisco and there were major lay offs.

 

Ron Johnson stated he was the owner of property behind the Triple Crown and requested a suspension of the entertainment permits on the grounds of the Good Neighbor Policy and sound issues.  He added the applicant should not be given a Place of Entertainment permit until the applicant could actually remedy the problems on those two issues.

 

Captain Dudley of Central Police Station stated he wanted clarification on permits issued for extended hours for two bar/lounges/clubs. He added 1070 of the police code indicated extended hours was limited to eating establishments.   He added the outside speaker was a violation of No. 8 on the Commission’s Good Neighbor Policy,

 

2.      Review and Approve the Minutes ofApril 7, 2009.

 

Public Comment

None

 

Commissioner Alan moved to continue the minutes of 7, 2009 due to lack of a quorum Commissioner Roja second the motion.

 

VOTE:

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

NOES- None

Absent - Commissioner Newlin and Commissioner Pred

 

3. Report from the Executive Director. Neighborhood issues Mission, North Beach and SOMA.  Vajra Granelli report on recent venue sound inspections and report of activities by staff.

 

Executive Director Robert Davis stated the Mission district was active this past weekend with were noise issues at 26 Mix.

 

Chair Joseph stated for the benefit of the Commission she stated Section 1070 of the police code under definition item No. A stated, extended hours premises every premises in which patrons or members are admitted or which allows patrons or members to remain in the premises between the hours of 2:00 A.M. and 6:00 A.M. which serves food, beverages or food and beverages including but not limited to alcoholic beverages for consumption on the premises or wherein entertainment as defined in subsections B and C is furnished and occurs upon the premises a restaurant permit was not required.

 

Executive Director Robert Davis continued his report and stated there were some issues that came before the Commission on Whispers and there was a strong police presence with limited patrons and would be closing May 2, 2009.  He added the SOMA area was active with a few incidents on Harrison Street that were being investigated.  He added there were some inspections in the North Beach and they were continuing the street walks that allowed them to work with the individual club owners and to work on specific issues.

 

Inspector Vajra Granelli stated there was still a strong police presence at Whispers and he was watching the venue every weekend counting down to their close.  He added there were some incidents of violence in SOMA over the weekend and they were still gathering information and he would update the Commission.  He added the San Francisco Film Festival started this week and there was a big event in the Mission with an outdoor and indoor location and he has met with Mission Police station and the event organizers to go over through the logistics and there should be little neighborhood impact.  He added there have been some continuing problems with Fluid’s mainly with operational, some sound and crowd control.    He added he met with the owners of Triple Crown the past week and they have set up a complete sound evaluation of the space to look for sound leaks.

 

Public Comment

None

 

Chair Joseph entertained a motion to move item No. 7 forward.

 

Commissioner Alan moved to move item No. 7 up on the agenda Commissioner Roja second the motion.

 

Same house same call.

 

7. L’Amour Cafe Place of Entertainment Permit located at 600 Jackson Street San Francisco, CA. 94133.Review existing conditions and recommendations for new conditions.

 

Executive Director Robert Davis stated he had spoken to Lt. Kuff from the Fire Department and he indicated there were still some outstanding issues as of Friday.  He added he received a fax from the permit holder today that indicated that the issues would be resolved and was present to speak on some of the issues and she had applied for a place of public assembly which had not yet been issued.

 

Tris Pham stated the fire department violation permit that involved the use of candles has ceased and there were no longer using candles; she added the panic hardware and exit path exit sign and emergency light illumination, extension cord fixed and sprinkler modification inspector Gallo requested three changes to the sprinklers which was a minor modification.  She added there were two exits at the premises and was still working on the public assembly permit and was going over the drawing to finalize it. She added she applied for a health permit.  She added within the last few months business was slow and they mad the mistake of renting the space out for a party promoter once a month about three or four times and it created a lot of problems for them and was no longer using promoters.  She added the Fire Department came into the premises four times and the occupancy was low and asked the Commission could she have more time to work with the Fire Department to figure out the occupancy load and get the original building plans of the premises.

 

Deputy Director Jocelyn Kane stated it was her understanding that you did not need a place of assembly permit if there is a 49 people or less.

 

Executive Director Robert Davis stated the City Attorney advised him that as long as the applicant stayed below the 49 occupancy and continued to work with the Fire Department diligently they should be allowed to continue to operate.  He added he was working with code enforcement to look at the other issues of another incident that occurred.

 

Commissioner Alan reminded staff that they voted on a motion he proposed at the last meeting that the applicant was to provide a written notice from the Fire Department of cleared violations and/or notice of extension of time and submit a security plan prior to the Commission’s next hearing or suspension process would begin. 

 

Commissioner Alan stated they had the applicant in compliance with the Fire Department section and requested the security plan that was not in the package.

Ms. Pham stated she did not have time to submit the security plan and asked the Commission could she use identifiable clothing.

 

Commissioner Alan suggested they move to calendar the applicant for a suspension hearing since the applicant was not in compliance with the simple request of security plan.

 

Captain Dudley requested that the suspension be brought before the Commission due to several safety issues that still exist.   He added there was a memo from his sergeant that he witnessed over 200 occupants in the building and that it was a hazard a month later there was shooting were an individual was shot in the stomach who were underage.    He added he was told by Fire Chief Schultice that the owners were non responsive in acting on request to come into compliance on the fire issues.

 

Public comment closed.

 

Chair Joseph stated it was a very old permit and the place has issues were they were out of compliance and the applicant has made some efforts to come back into compliance the Fire Inspector was present 10 days prior.  She added on those ground she did not believe there was enough evidence.  She added she would vote it down.

 

Commissioner Alan stated he understood Chair Joseph comments and agreed the applicant was moving forward however he was trying to find within the Commission’s limited tool kit a way send a clear and distinct message to the applicant they are to come to into compliance. He added he was open to suggest for the applicant to get the work done.

 

Chair Joseph stated if the Fire Department felt the venue was truly dangerous and they did not close the place down which was in their ability to do then they would be remiss.  He added in some way she had to believe the Fire Department did not thing the business is dangerous enough to close down.   She added if they suspended the entertainment permit the only thing they stopped her from doing was having a DJ and did not stop her from serving alcohol or being open to the public.   She added that was the job of the Fire Department.   She added she asked the applicant to voluntary surrender her permit and she said no.

 

Commissioner Meko stated commission voted to require that the applicant present a security plan and the applicant failed to that. He added if the Commission is to be taken seriously by other applicants they must take action.

 

Commissioner Alan requested that the applicant surrender her Entertainment Permit voluntarily until she submits her security plan.  He added if she did not wish to do it voluntarily the Commission would move forward with the suspension.

 

Commissioner Alan moved to proceed with a suspension hearing only to be stop only on receipt of the requested documentation and clearance from the Fire Department that was made prior of the applicant Commissioner Meko second the motion

VOTE:

AYES - Commissioner Roja Commissioner Alan, Commissioner Joseph Commissioner Meko

NOES- None

Absent - Commissioner Newlin and Commissioner Pred

 

4.      Report from the President.

a) Meeting with Deputy Chief Cashman regarding improving cooperation with the between San Francisco Entertainment Commission and SFPD.

 

Chair Joseph stated inspector Granelli, Deputy Director Kane and herself met with Deputy Chief Cashman with regard to improving cooperation between SFPD and the Entertainment Commission.   She added Deputy Cashman suggested another meeting between the departments with regard to their relationship and Memorandum of Understanding (MOU) between the departments.

 

5.      Police Department Comments & Questions.

 

Officer Gary Buckner with Southern Police station stated he would be replacing Officer Nicole and he had no further comments.  

 

6.      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.

 

7.      Commissioner’s Comments & Questions.

 

Commissioner Alan stated it was becoming apparent with his visits with residents in then surrounding neighborhood they were struggling with viewing patrons leaving venues and talking with each other as being the cause of their complaints.   He added it would be very difficult to enforce because they had to allow people to walk down the street and talk.

 

Chair Joseph stated she would like a report from the By Laws Committee at the next Commission meeting and reduced the Committee to Commissioner Alan and Executive Robert Davis.

 

Commissioner Meko stated at the next Commission meeting he would do a report on the Planning Commission’s pre-application process.

 

7.)    New Business Requests for Future Agenda Items.

None.

 

Adjournment.   6:43P.M.