Entertainment Commission     

City and County of San Francisco 

 

                             

Draft Meeting Minutes 

 

Room 416, City Hall

1 Dr. Carlton B. Goodlett Place

San Francisco, CA. 94102

 

Tuesday, April 2, 2019, 

5:30 P.M.

Regular Meeting

 

COMMISSIONERS PRESENT:  Ben Bleiman (President), Dori Caminong (Vice President), Bryant Tan, Steven Lee, Laura Thomas, Dave Falzon

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BLEIMAN AT 5:37 PM 

 

STAFF IN ATTENDANCE: Executive Director, Maggie Weiland; Deputy Director, Kaitlyn Azevedo; Senior Sound Inspector, Sean Burke; Senior Analyst, Dylan Rice

COMMISSIONER ABSENCE: Al Perez

 

SPEAKER KEY:      

 

+ indicates a speaker in support of an item;

-  indicates a speaker in opposition of an item; and 

= indicates a neutral speaker or a speaker who did not indicate support or opposition 

 

CALL TO ORDER AND ROLL CALL       

 

General Public Comment 

 

= Michael, the chair of the Fillmore Resident’s Voice Committee addressed some ongoing issues at the commercial parcel at 1330 Fillmore. He said aside from the typical concerns of crowd control, and noise complaints upon closing there, have been numerous meetings public and private regarding the sale and use of the commercial parcel.  He added because emotionally, what happens at this parcel has a significant impact on the resident’s well-being. He said they were here to stand up and make their voices heard in the wake of a brutal killing that happened on March 23rd just steps from his front door which has made them question concerns for their safety. 

 

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.  

 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of the March 5, 2019 Commission meeting. [Discussion and Possible Action Item]

SPEAKERS:   None

MOTION: Commissioner Caminong moved to approve the minutes of March 5, 2019 Commissioner Thomas second the motion.

ACTION: Approved Minutes for March 5, 2019.

AYES: Commissioner Caminong, Commissioner Thomas, President Bleiman, Commissioner Tan, Commissioner, Commissioner Lee and Commissioner Falzon

ABESENT: AL PEREZ

 

3. Report from Executive Director Legislative/Policy Update: Update on BOS File No. 181211 re: Health, Planning, and Police Codes - Small Business Permit Streamlining; Staff and Office Update: Resignation of Senior Inspector Sean Burke after 5 years with the Entertainment Commission; Update on the 10th Annual Nightlife and Entertainment Summit that took place at Mezzanine on April 1, 2019; Update on Board of Appeals Actions: nothing to report; Corrective Actions: Director’s Order Requiring Compliance with a Revised Security Plan for #EC-858 POE dba The Roc, and Director’s Suspension for Public Safety from March 15, 2019 – March 18, 2019 for #EC-858 POE dba The Roc. [Discussion Item]

 

Director Maggie Weiland gave the Commission a brief update about tracking the Board of Supervisors file number 181211 regarding small business streamlining that staff has been managing from the Office of Economic Workforce and Development that was brought to land-use Monday, April 1st, 2019 and that was why Ben Van Houten was unable to give a presentation at the beginning of the Summit.  She said unfortunately the item was continued to the call of the chair, and they are not exactly sure when it will be continued, but hopefully it will be heard in the next couple of weeks and there were no substantive updates at this time.  She advised the Commission that today’s meeting would be Senior Sound Inspector Sean Burke’s last Entertainment Commission meeting.  She said the Entertainment Commission was super lucky to have him for five whole years, and staff and Commissioners would miss him. Director Weiland gave an update on the Entertainment Commission’s 10th Annual Summit that was held at Mezzanine. It was a great turnout, around 200-250 people showed up, and the surveys that were given out had glowing remarks about the Entertainment Commission and attendees said they learned something and could not wait for next year’s summit.  She said she was excited to continue that work, and the would start talking about what is planned for next year so we can make it better each time around. Director Weiland gave an update on some corrective actions: she issued a director’s order and a suspension for public safety for The Roc because there were incidents two weekends in a row there on March 3rd and March 9th. The director’s order required compliance with their revised security plan this past Thursday, March 28th and an inspector was sent in the field to make sure they were in compliance with their added security conditions. She is confident that they will continue their work and get better from here with their revised security plan.

 

= President Bleiman commended Inspector Sean Burke for his five years of service with the Entertainment Commission and said the general public believes that he has almost personally created the parameters around his job. He thinks a lot of people believe it is a science that he goes out, check numbers, and reports on those numbers, but he did not think that was true. He said Sean has become somebody who has taken it and has made into an art form and he has done an incredible job by both his effectiveness in dealing with P.O.E.’s that are not behaving or not acting by the good neighbor policy, but also that the P.O.E. themselves have a really good rapport with Sean and he has built that relationship.  He said that people don't really realize how difficult walking that fine line is, and being fair with the P.O.E. and having them respect you and trust you, and also being able to confront and handle the serious problem that the communities need to deal with.  He thought a lot of what the Commission has today is due to the efforts that he has done, and it may seem like a small thing, but the work that he did on the good neighbor policy specifically, because people see it as a bill of rights, the entertainment venues see that, and the neighbors really see that as these are my rights that I have, and he thinks Sean recognized that before any else did. We have something that we can use going forward that's incredibly effective and Sean has done an incredible job and has left a real legacy in the city of San Francisco. It may seem small, but it is not small to President Bleiman.  He presented Inspector Sean Burke with a proclamation and declared April 2, 2019 as Sean Burke Day. 

= Commissioner Falzon applauded Executive Director Weiland and the staff on the 10th Annual Summit, he thought it was the best Summit put together.

= Commissioner Thomas echoed Commissioner Falzon’s comments; it was easily the best summit that she has attended both in terms of the content, the audience and attendees. There was a diverse group of folks in the doors and it reflected well on the staff of the Commission, and EC staff, in terms of putting it together. She said staff’s personalities and interests were apparent in all of it, and it was a really good summit and a good representation of what the Commission does. 

= Inspector Burke said he has learned a lot from staff and the Commission and it has been an awesome last week and he could not be prouder of the work he has done and he would miss everybody.

= Commissioner Lee said when they first started the summits, it was all about everybody watching each other, and what do we do for calls for service, and the breakout sessions were about that, and now we are all about education, and we have learned a lot more on this summit where previously everybody was learning how to protect themselves, and it shows how much the Commission has evolved already and that we are in different times.

= Commissioner Tan thanked Inspector Burke and Mezzanine for hosting the 10th Annual Summit and the donations from 111 Minna and Events Locker.   He said he remembered when Inspector Burke’s predecessor Vajra was here and they thought he was fantastic, and there was such big shoes to fill, and he said he really resized them, and stretch them out and made them even bigger. I just noticed how much people respect him, and I think you have a pretty thankless job, you know, you are kind of this quasi-police officer. He thanked Inspector Burke for all he has done and for working with the commissioners every time they asked if he could write a report differently, or tell them stories differently, or provide more information and how he has always risen to the occasion to do that and he is looking forward to all the great things he will do in the Twin Cities. 

= President Blieman said he, Executive Director Weiland, and Ben Van Houten went to Philadelphia this year for a government nightlife summit, and he thought all three of them learned a little bit there and it was really a rewarding experience, especially the networking side. He said Executive Director Weiland made a very quality and substantive summit and the feedback he got was universally positive.   He said posted a picture of the Mayor at the Summit on his Facebook and one of his friends wrote, “Isn't it ironic that the mayor is speaking at a place that is being threatened to be shut down by tech offices” and his response was, “this was not ironic, this was very much done on purpose. This is exactly why we are here at mezzanine, and this is exactly why we are fighting. We are all in this together.”  He wanted to make very clear that we are in a war right now to make sure we preserve and protect nightlife and live music in San Francisco and that is exactly what the summit and this Commission was for. He thanked director Weiland and staff for putting on an incredible summit.

SPEAKERS:   = Ace Washington voiced his concerns about the Heritage Center and will be back to find out what was out what is going on.

= President Bleiman agreed with Director Weiland, it made him feel proud of the work the Commission was doing.

ACTION: None 

 

4. Report from Senior Inspector: Senior Inspector Sean Burke reports on recent venue inspections and activities. [Discussion Item]

 

NEW COMPLAINTS    

Fri 3/8 12:29 AM Beauty Bar / Baobab 19th @ Mission POE "Very loud base from bar that can be heard over a block away!" - UNKNOWN / ACTION: Inspector Savino visited and issued a verbal warning about door being open.

Fri 3/8 10:04 AM Transbay Terminal Mission / Fremont OTE “Noise coming from Transbay Terminal from outdoor stage They are just setting up and the music is really loud. The bass is so loud I can feel it 29 floors up." - KNOWN / ACTION: Inspector Burke called producer and had them turn it down.

Fri 3/8 12:28 PM Transbay Terminal Mission / Fremont OTE "Salesforce appears to be having a VERY VERY LOUD music event that all the businesses in the area can hear. Why would this be granted during business hours?" - KNOWN / ACTION: Inspector Burke called producer and had them turn it down.

Sun 3/10 12:05 AM Parkside 1600 17th St POE "Live music beyond permitted time above permitted level" - KNOWN / ACTION: Inspector Fiorentino visited and band was finished upon arrival. Spoke with management about complaint.

Sat 3/16 9:12 PM Irish Bank Bush / Mark Lane OTE Irish Bank alley party. I can hear the music almost 2 blocks away. KNOWN / ACTION: Inspector Savino worked with producer to turn down volume.

Sat 3/16 11:27 PM Bar Nua 563 Columbus   NA Constant live Dj,s and extremely loud music. This building is not sound proofed. ANONYMOUS / ACTION: Inspector Savino worked with operator to bring down volume, and close doors & windows. Reconnected operator with EC Staff.

Mon 3/18 1:45 AM Thee Parkside 1600 17th St POE Loud noise from crowd in front of Thee Parkside. KNOWN / ACTION: Inspector Fiorentino spoke with operator and reinforced that their patrons must be encouraged to be quiet while outside. Operator will be investing in sound curtains, as there are also complaints about sound escaping.

Fri 3/15 11:42 PM Jones 620 Jones LLP Mr. Burke, I'm contacting you to complain about the loud entertainment event going on tonight 3/15/2019 at Jones Bar. At this time that I type you this email, there's music coming from the inside of the establishment that can be heard all the way to my apartment on the 5th floor of the neighboring building. This event violates clauses of the permit number EC-1172 LLP "Limited Live Performance" under which the bar operates, among them: 1) Live entertainment is permitted Tuesdays through Saturdays until 10:00 pm indoors only 2) Live entertainment permitted indoors and outdoors Friday and Saturday evenings until 9:00 pm, and Sundays from 11:00 pm to 4:00 pm. Attached you can find a picture taken around 11:33 pm tonight. It's already past 10 pm and loud noise keeps coming from the bar, not allowing me to sleep and rest. I respectfully request you to relinquish the bar's permit or limit their operating hours at night. Thank you. KNOWN / ACTION: Inspector Savino visited and did not find venue hosting entertainment.

Sat 3/23 11:13 PM Benders 800 South Van Ness POE Benders bar. Loud music and patrons. Door slamming. KNOWN / ACTION: Inspector Fiorentino visited and spoke with owner, sound engineer, and security regarding sound limit & GNP. Will be following up more regularly to ensure compliance.

Mon 3/25 12:00 PM The Chapel 777 Valencia POE Inspector Burke followed up with complainant who left a voicemail for Director Weiland and urged them to contact Inspector Fiorentino whenever he is disturbed.

Thu 3/28 10:45 PM Halcyon 314 11th St POE EHP Pre-EHP event not listed on monthly calendar (not a condition on permit). KNOWN / ACTION: Email chain between operator, EC staff, and complainant

 

INSPECTIONS                                                  

Fri 3/8 1:09 AM Beauty Bar 2299 Mission POE Inspector Savino visited in response to a 311 compliant and gave verbal warning re: open door.;

Fri 3/8 10:24 PM Bar VIA 136 King LLP Inspector Fiorentino visited at request of staff. No entertainment on site.

Sat 3/9 12:23 AM The Roc 2801 Leavenworth POE Inspector Savino dropped off new Good Neighbor Policy and discussed operation with security.

Sun 3/10 12:40 AM Thee Parkside 1600 17th St POE Inspector Fiorentino visited in response to 311 complaint and band was finished upon arrival.

Sun 3/10 12:19 PM Jones 620 Jones LLP Inspector Fiorentino visited in response to previous complaints. No longer hosting entertainment.

Sun 3/10 2:12 PM Hotel VIA - Rooftop 138 King LLP Inspector Fiorentino visited and found venue out of compliance with their sound limit. Issued NOV.

Sat 3/16 12:21 AM Jones 620 Jones LLP Inspector Savino responded to email complaint. No entertainment.

Sat 3/16 1:15 AM The Roc 2801 Leavenworth POE Inspector Savino visited to deliver temporary safety suspension documents. Closed, no entertainment.

Sat 3/16 10:21 PM Irish Bank 10 Mark Lane OTE Inspector Savino responded to 311 complaint. Talked to Stephanie Perry, who turned volume down.

Sun 3/17 12:01 AM BarNua 561 Columbus NA Inspector Savino responded to 311 complaint. They were hosting a DJ, and he had them turn down music and shut windows/door. Staff will follow up with email to get started with permit process/one-time events.

Fri 3/22 8:58 PM Thee Parkside 1600 17th St POE Inspector Fiorentino spoke with owner and manager. They are aware of their interior sound limit, and they have a meter. Owner stressed that she is proactive, has spoken to security about keeping the outside clear on 17th St, and will be getting sound curtains.

Fri 3/22 11:08 PM Independent 628 Divisadero POE Inspector Savino responded to noise complaint. Took measurements. Asked sound engineer to lower bass, and will follow up with a copy of permit to ensure all parties know sound limit. May need a new sound test to assess C-weighted limit.

Fri 3/22 11:20 PM Emporium 616 Divisadero POE Inspector Savino responded to text complaint. Found venue to be operating in excess of internal sound limit. Worked with staff to bring down level, and issued citation from EC office. Venue has done additional sound abatement and requested another sound test.

Sun 3/24 12:48 AM Benders 800 South Van Ness POE Inspector Fiorentino visited in response to a 311 complaint and discussed sound limit, doors, and crowds with operator, sound engineer, and security guard. They are aware of sound limit, have a meter, and will worked towards better controlling crowds.

Fri 3/29 11:32 PM Three Parkside 1600 17th St POE Inspector Fiorention performed a sound inspection and venue was found to be operating above their sound limit. Worked with manager to bring sound level into compliance. May need to follow up with a new sound test to establish a C-weighted limit.

 

NOTICE OF VIOLATION                                               

Sun 3/10 2:00 PM  Hotel VIA - Rooftop 138 King POE Inspector Fiorentino issued an NOV due to Hotel VIA operating in excess of their sound limit.

 

ADMINISTRATIVE CITATION                                                    

Fri 3/22 11:20 PM Emporium 616 Divisadero POE Citation for operating in excess of internal sound limit.

 

ONGOING COMPLAINTS                                                           

Original: Since last hearing on 3/19/19:

9/25/18 Jones 620 Jones LLP 3/15/19 11:42 PM - Known complainant. Inspector Savino visited in real time and found no entertainment being hosted.

2/15/19 Brick & Mortar 1710 Mission POE NO COMPLAINTS

 

SPEAKERS

= Senior Inspector Burke said there was a discussion in the office amongst staff and they realized that maybe some additional scrutiny needs to come to these one-time event permits, and really start to try and staff field inspectors during a sound checks, have additional conversations prior to issuing these permits, and maybe trying to out some conditions, maybe some standard for larger events. He said that was a conversation that will evolve as time moves forward, but it was important as they move forward to some of these bigger things, to try to make sure we are keeping in mind the code, and maybe some of the issues that the code has in addressing the one-off events. 

= Commissioner Falzon said coming from the law enforcement side, Sean did have some big shoes to fill, the person he replaced, on many levels, was incredible. He was competent and took the task to hand, and acknowledge that Sean took it to another level and he did an incredible job working with our department and working with our members. He recognized that can be challenging at times, given that you're trying to commingle sworn members with civilians, but Sean did an exceptional job, and the San Francisco police department will definitely miss him. Sean still has friends in the SFPD. 

= Commissioner Bleiman said it seemed like many of the complaints were indicative of the nice weather and a lot of the calls came in on midday Saturday and Sunday from outdoor events.  

= Inspector Burke stated he has noticed that trend and owners are excited to open doors and open the windows.  

= Georgia Buley said she was the President Of the Women’s Auxiliary for the American Legion across the street and she is a part of the Fillmore heritage volunteer organization with the 100 Black Organization. She said it is unfortunate the situation that is happening there and thinks we can all come together to find a resolution and wants to introduce a potential solution to the noise pollution. She works with a company that specializes in Air Hush, and would like to introduce some ideas about the science of silence and how that can be incorporated in the noise pollution situation with the City. She would like to figure out how they would be able to get onto the agenda to share that with the community or speak with someone specifically. They have been to a number of these meetings and were at Vallie Brown's address at the Fillmore and was getting familiar with the public policy, but wants to present this information more formally. 

= President Bleiman encouraged her to reach out to the Entertainment Commission staff and Director.

 

ACTION: None 

 

5. Report from the Senior Analyst: Dylan Rice shares an update on current projects to support the vitality of community and cultural outdoor events. [Discussion Item] 

Senior Analyst Dylan Rice gave a legislative update on the proposed legislation from the Office of Cannabis to create cannabis event permits for both indoor and outdoor events, and said the cannabis event permit ordinance passed the Board of Supervisors and was just signed this past Friday by the mayor.  The S.F. Office of cannabis still has to create their framework for a cannabis event permit application. Applicants will be limited during the pilot program. The criteria for being eligible for the pilot program is that you have to have an event that has been previously held on a regular basis, the event has to have received a city issued a permit in the past, and thirdly, the event must have had significant unregulated cannabis sales and consumption in prior years that would benefit from a new regulatory plan for the permit. He will keep the Commission updated as soon this permit application becomes available. He is also keeping his constituents updated on Facebook and e-mail, and is advising people to sign up for the Office of Cannabis' e-mail blast.  He said most of the Commission probably heard the panel at the Summit, which was focused on how to produce a safe and successful cannabis event. Dylan was very pleased with the expertise of the panelists and the topic and the content, and then he took a moment to do some highlights from the panel at the Summit. The objective was now that cannabis is a viable and new way to increase revenue stream, and a new way to enhance events, how can the event producer produce a safe and successful event, what are the legal pathways, and what are the business models that can help them get there. We are still waiting to hear when this new permit will become available at the city level. We'll have to figure out new ways through sponsorships and booth fees to create revenue streams for event sponsors, and they will have to tier their fees appropriately. He thought it was a rich conversation, saw a lot of people who were enjoying it, and was happy to see them participate. 

He thanked his colleague, Sean Burke, for welcoming him when he first started and for showing him the ropes, and being such a wonderful thought partner, moral support, creative soul, and said it meant a lot to him that their paths got to cross, and wished him and his family all the best.

 

SPEAKERS: 

= Commissioner Falzon applauded Dylan Rice’s presentation that he moderated at the Summit and how he took marijuana to an academic level that he did not know existed. It was very professional, and thinks it really does speak to the viability and the reality of where this is heading.

= Commissioner Tan asked if staff was planning to update our forms to ask applicants if cannabis is part of their one-time event.

= Director Weiland stated we should hold off on answering that because we might have a really great update to give you guys in the next month or so.

ACTION: None 

 

6. Police Department Comments & Questions. This item allows any member of the SFPD to address the Commission regarding matters related to nightlife and public safety. [Discussion Item]

SPEAKERS: None

ACTION: None 

 

7. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Discussion and Possible Action Item]   

Consent Calendar:

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Entertainment Commission, and will be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing. 

Consent Agenda:

a) EC-1488 –Ariana Roviello of Laundre Limited Liability Co., Laundré, 2401 Mission St., Limited Live Performance Permit. 

 

b) EC-1491 –Kinson Wong, Brad Moy, and Angel Liu of Team Work Restaurant LLC, Harborview Restaurant and Bar, 4 Embarcadero Center, Limited Live Performance Permit.

 

Staff recommendation: Approval with Good Neighbor Policy.

 

SPEAKERS:    

= Kaitlyn Azevedo, Deputy Director, staff report

The first two permit applications on the agenda are on consent because they are both accessory use permits. There was no opposition from the public and there were no conditions added by the police department.

MOTION: Commissioner Tan moved to approve the consent agenda Commissioner Thomas second the motion.

ACTION: Both Limited Live Performance Permits were conditionally granted to the applicants. 

AYES: Caminong Thomas, Bleiman, Lee, Tan, Falzon

NAYES: None

ABSENT: AL PEREZ

 

Regular Agenda:

c) EC-1493 – Mark DeVito & Paul Duatschek of Standard Deviant Brewing, LLC, Standard Deviant Brewing, 280 14th St., Limited Live Performance Permit.

 

= President Bleiman recused himself from agenda item No. C Standard Deviant Brewing.

 

SPEAKERS:  

 = Kaitlyn Azevedo, Deputy Director, staff report 

The application is for a Limited Live Performance Permit. The applicant has obtained a couple of one time permits in the past to host live music and is excited to have a fixed place permit for the brewery. They plan to have final D.J.S, bluegrass shows, trivia, and comedy, and they may even have choral performances. They have collected 48 letters of support and conducted a community meeting to answer questions and chatted with patrons. From the meeting they collected 16 signatures of support, additionally they were ten signatures collected in opposition of the permit application and four of the signatures were from neighbors living across the street, while six were from folks living more than a mile from the premises. The neighbor who created the petition against the application lives across the street and expressed concern with live music happening at any time. In an effort to mediate the concerns, Deputy Director Azevedo sent an e-mail offering to hold a conference call with her and the applicant. Deputy Director Kaitlyn Azevedo notified the neighbor of the community meeting at the premises. The neighbor did not respond to the conference call nor did they go to the community meeting. It should be noted the applicant was open and willing to discuss neighbor concerns but was not given the opportunity to do so. Mission station approved this permit application with no added conditions.

+ Mark DeVito owner of Standard Deviant Brewing is hoping to be granted a Limited Live Performance for his tasting room. His plans include bluegrass, vinyl record night and choral performances. His business partner is an actor, and there will be some theatre that will be community-oriented. Their space is inviting to all, and he would love to extend that to artists to help support what is a dwindling arts and music scene in San Francisco.  Prior to today's meeting, he has spoken with people in the neighborhood who have come up and approached him with about a sign that was in the window. He has spoken to his direct next-door neighbors at length about the permit because they share a wall, and they have no concerns.  He held a community meeting in which he explained what they were doing and stressed that it was a limited live permit and entertainment will be over at 10:00 P.M. He said all in attendance were in support.  As a former a nationally touring musician, he understand the difficulties artists can face while getting exposure, as well as getting a meager pay to share their dreams in a city like San Francisco.  He said it was very important that they help support and nurture that and would love to provide a space to do that.

= Commissioner Falzon asked how long the applicant had been in business and if he has he received any complaints or applauds. 

= Commissioner Tan asked Inspector Burke if there are any records of complaints for Standard Deviant Brewing.

= Senior Inspector Burke stated from his knowledge he did not receive any sound complaints only, one complaint from patron’s voices inside the brewery.

= Commissioner Falzon stated anytime they were going to put petitions of support it was important to include their name and addresses even if they are residents of San Francisco. 

= Commissioner Lee inquired about sound his sound equipment and what type of entertainment he would have. 

Public Comment

- Female speaker stated she is one of the block captains of the Mission Neighborhood watch and was here to testify for the community, as well as 1801 Mission Street.  She added she has support from 275, 281, and 291 14th street, also, 269 14th street, and petitions from people on Minna Street.   She said Standard Deviant was permitted as a small tasting area, and they were okay with that but they opposed live bands. Standard Deviant has already had live bands and the neighbors have called the police many times. First, they asked the police just to ask them to turn it down. It didn't get turned down, and she said they have a whole list of every action that they take in this Mission district, and the music wasn’t turned down, and then asked them if they could just stop the music. The family, friends and visitors have already endured the impact of live bands, and it was disruptive and unruly on many accounts and due to loud music and because there are more people, car break-ins have increased. She stated the added volume will not bring any positive outcome and asked that the decision be tabled until after some of the items discussed here are cleared up.

 

- John Bradly opposed the Limited Live Performance permit; he said the garage door is in question and is not in compliance and requested the item be tabled until it gets to a safe place.  

 

= Commissioner Falzon stated he was much more interested in hearing how the license is going to impact a neighborhood than deficiencies of the building, and the scope and jurisdiction is really the Police Department and the Planning Department.  He added if in fact the building has deficiencies, that's something he should take up with D.B.I., and they certainly have the authority to stop the use, as does the San Francisco Fire department. In response to his comments, he was not speaking to the impact on the neighbors or the community, it was just the structure.  

= Deputy Director Azevedo stated there was 48 signatures of letters of support collected, and wanted to make sure that was noted for the record.

= Commissioner Thomas said the petition in opposition has a statement about multiple phone calls to SFPD because of the disruptiveness of the sound, but it sounds like none of them came to the notice of our Commission. 

 

= Director Weiland said they reached out to SFPD and asked specifically asked if they were called for service, and they did not receive negative feedback from them.

MOTION: Commissioner Tan moved to approve with the Good Neighbor Policy and directed EC staff to set a sound limit Commissioner Thomas second the motion.

ACTION: Limited Live Performance permit was conditionally granted to Standard Deviant Brewing.

AYES: Caminong Thomas, Bleiman, Lee, Tan, Falzon

ABSENT: AL PEREZ

d) EC-1492 –Sohrab Harooni, RS94109, 835 Larkin St., Place of Entertainment Permit.

SPEAKERS:    

= Kaitlyn Azevedo, Deputy Director, stated the applicant has requested continuance to the April 16, 2019 hearing. 

MOTION: Commissioner Falzon moved to continue the item to April 16, 2019 hearing Commissioner Caminong second the motion.

ACTION: Continuance was granted to applicant and moved to the April 16, 2019 hearing.  

AYES: Caminong Thomas, Bleiman, Lee, Tan, Falzon

ABSENT: AL PEREZ

 

8. Discussion and Possible Action to adopt written comments and/or recommendations to be submitted by the Executive Director to the Planning Department and/or Department of Building Inspection regarding noise issues for proposed residential and/or hotel/motel projects per Chapter 116 of the of the Administrative Code. [Discussion and Possible Action Item]

Regular Agenda:

a) 400 Divisadero Street, Bl/Lot: 1216/004, 005, 017-019, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 400 Divisadero Street, which is located within 300 feet of Madrone Art Bar, and in proximity to (less than 1000 feet from) The Independent, Club Waziema, and Emporium SF, permitted Places of Entertainment.

SPEAKERS: 

= Director Weiland said this is a project that is going in at 400 Divisadero Street, and it falls within 300 feet of a Place of Entertainment, Madrone Bar. It is more than 1,000 feet from the Independent, Club Waziema, and Emporium. The applicants have redone their sound tests at the request of Director Weiland to be conducted during entertainment, as the sound test that we had on file was a few years old. She commended the applicants for taking it seriously. She added the one neighboring P.O.E. within 300 feet, Madrone, the owner, Michael Krause submitted a letter of support.

= Commissioner Lee asked how many retail spaces there would be. He asked if the applicant has a lighting plan, and encouraged the applicant to light the sidewalks. 

= Commissioner Tan asked if would there be any nighttime entertainment at the location.

+ Project Sponsor David Kriozere stated he is trying to be in touch with the neighbors and see what the demands are.

= Commissioner Bleiman inquired about the SBC ratings and if he planned on being the landlord of the property.

+ Project Sponsor David Kriozere stated he did not know, but would do it after the Planning Commission approval.  He added he still had to get it financed and it would be part of their negotiation. 

MOTION: Commissioner Tan moved to approve recommending the standard conditions for this project by the Planning Commission, Commissioner Caminong second the motion. 

ACTION: The project was approved by the Entertainment Commission. 

AYES: Caminong, Thomas, Bleiman, Lee, Tan, Falzon

ABSENT: AL PEREZ

 

9. Review and possible action to change the conditions on the #EC-1377 Place of Entertainment and Extended Hours Premises permits, dba Halcyon located at 314 11th Street, San Francisco, CA. 94103, specifically reviewing the below listed conditions that were added on December 18, 2018, and stayed by the Commission on January 15, 2019 until March 19, 2019:

1. Permit holder shall keep a nightly record of the decibel level inside the permitted establishment from start to finish of all hosted entertainment. A report from the decibel meter logs shall be made available to the Entertainment Commission.

2. Permit holder shall hire a sound consultant to conduct a sound study over a two night period from 10pm-6am when Halcyon is operating past 4am to gather sound data around ambient levels during the POE and EHP time periods. Entertainment Commission staff shall be on site during the study. Sound consultant shall conduct new sound tests in concert with Entertainment Commission staff for new POE and EHP sound limits based on this study of ambient.

3. Permit holder shall use a sound limiter at all times while operating sound equipment to ensure compliance with approved sound limits.

 

SPEAKERS:    

= Maggie Weiland called attention to the double sided Halcyon recommendations page that EC staff put together.  Inspector Burke took the lead on this but in conjunction with the consultant, J.P.M-Acoustics Noise Vibration as they went out to test the sound together. Director Weiland explained her recommendations, and said that we are really looking at the three conditions that we put the stay on.  Gina Milano, owner of Halcyon, is essentially asking the Commission to strike all three of these conditions.  Director Weiland added that when she first recommended six conditions to the Commission on December 18, 2018, it really was not the intention that the Commission adopt every single one of them. However, the Commission approved all of them. Director Weiland wanted to bring to the Commission’s attention that the second condition really was not a condition. This was relative to the hiring of sound consultants and doing that work. That was a recommendation because it would fall off and it was also poorly written. We had written that we would be conducting a sound study from 10:00 P.M. To 4:00 A.M. That makes absolutely no sense. That's something that a residential development could do to see what noise levels are coming from a place of entertainment. But when you're trying to set ambient for a Place of Entertainment for an extended hours permit, you can't do it when any other club is in operation. The permit doesn't allow for that. So what we did, we took the essence of that condition, and we went out and tested the ambient just around 9:00 P.M. Prior to operation of businesses in the area, and then again at 4:00 A.M. to see if there was a difference in the levels, and we found there was. Director Weiland stated, “I'm essentially saying that you should amend their sound condition on their Extended Hours Premises permit due to the ambient being lower during that period of time. Sound abatement shall be reduced from 116 dBC To 112 dBC measured from the center of the dance floor from 4:00 A.M. To 6:00 A.M. on the Extended Hour Premises permit, and making clear this is a time when normally no other clubs are in operation and the ambient noise is lower during that time.”

 = Commissioner Falzon gave the Commission an update on the mediation that he has been doing with the owner and concerned neighbors. He said there were three meetings held. He added his feelings today were a little more guarded but since then, there have been some positive texts between the applicant and the neighbors.  He said in the beginning, everyone was quite standoffish, and we overcame that just by bringing the parties together and sharing concerns. He talked to the owner and apparently, there's been a lot of very positive texting back and forth over the last day that he was not aware of, and wanted to hear from her and what her testimony is going to be tonight.

+ Gina Milano thanked the Commission and the neighbors for their support and willingness to work with them. She was thankful for Commissioner Falzon's mediation; it's made a world of difference. Halcyon conducted a series of tests with J.P.M. Acoustics in collaboration with Inspector Burke and Fiorentino. J.P.M. has submitted their neighborhood reading to the E.C., though we have not yet received a comprehensive written evaluation for venue sound mitigation to improve. She added they would be happy to send a calendar of events at the beginning of the month and look forward to future meetings with Tony and Kelly. 

 

= Commissioner Falzon stated where he was stuck was that he wanted to see the report from her sound guy.  He added he was a little uncomfortable resolving this tonight without seeing all of the report. 

= Executive Director Maggie Weiland stated it was important to clarify that JPM Acoustics were there to support the EC efforts to establish ambient between the POE and EHP, and if Gina could mitigate the sound. 

= Commissioner Falzon stated they had an applicant that has offered hotel rooms and has gone above and beyond in bringing in her own sound experts but did not have the whole story yet.

= Commissioner Lee asked Ms. Milano when she would have the results and would like to see a report as well.

= Commissioner Thomas stated if necessary, we can come back and redo this, but she felt like we have enough information based on what J.P.M. has done as well as what the Entertainment Commission did to change the extended hour levels to 112 db, and appreciated the work the Gina has done. 

= Commissioner Bleiman stated his thoughts echoed Commissioner Thomas, and did not want to continue the agenda item and his understanding was the issues that the neighbors had with Halcyon are primarily the after-hours, and they have established a much lower DBA rating and feels we need to move forward.   He added we first saw that Halcyon and the neighbors had an extraordinarily contentious relationship, among the most contentious we've seen in here, and specifically through their efforts and Commissioner Falzon, they're communicating with each other.  He added they could adopt the new proposed conditions and see what happens.   

= Commissioner Tan stated the levels were not such a big difference but the communication made a difference and he was fine with cleaning up the language and can revisit a sound limiter at another date.   

= Commissioner Lee stated he wanted to see if she could stick to her 112 dBC sound limit, and go back to trusting the operator. 

= Commissioner Bleiman stated he believed the permit holder wanted to work with the Entertainment Commission.   

MOTION: Commissioner Thomas moved to accept the staff's recommendations regarding Halcyon, specifically the internal sound limit for the Place of Entertainment permit stays the same at 116 dBA, and the internal sound limit for the Extended Hours Premises permit from 4:00 A.M to 6:00 A.M. be changed to 112 dBA, and that we strike the other permit conditions from the stay. 

= Commissioner Falzon offered a friendly amendment to the motion to include that the permit holder will send a monthly calendar of all events, regardless of the day of the week, to the Entertainment Commission, SFPD Southern Station, and concerned neighbors. 

= Commissioner Thomas accepted the friendly amendment.

= Commissioner Bleiman second the motion.

ACTION: Sound limit for Halcyon’s Extended Hours Premises permit changed to 112 dBA, and Halcyon will send a monthly calendar of all events, regardless of the day of the week, to the Entertainment Commission, SFPD Southern Station, and concerned neighbors.

AYES: Caminong, Thomas, Bleiman, Lee, Tan, Falzon

NAYES: None

ABSENT: AL PEREZ

 [Discussion and Possible Action Item]

 

10. Review and possible action to change the conditions on the Place of Entertainment permit #EC-953 Place of Entertainment permit, dba Hue located at 447 Broadway, San Francisco, CA. 94133, specifically reviewing the below listed condition that was amended on September 18, 2018, at the request of permittee:

 

1. Hours of entertainment limited to 12am Sundays through Tuesdays, and 1am on Wednesdays through Saturdays.

 

Commissioner Falzon recused himself from item No. 10 

 

= Executive Director Maggie Weiland stated the last time Hue was on calendar, and since then no complaints have been received. Director Maggie Weiland read an email from Andrew Diamond, who is the immediate neighbor to Hue. Andrew Diamond’s letter stated “You're welcome to read this at the meeting.  Thank you to Hue and thank you to the SFPD. I think it has been the best year on Broadway ever. The Hue team has worked hard to fix our neighbor issues.  I appreciate them taking the bass noise seriously and keeping it under control. Hue's security team has been outstanding and is diligent in keeping the area secure.  We really appreciate how Hue is helping us in being a good neighbor.  Not only do we have no complaints, I actually want to give Hue my thanks as well as SFPD. They have the toughest job, and I appreciate the effort they're putting into Broadway.” She added there were also reports summited by Office Matthias.

 

+ Bennet Montoya, owner of Hue, stated there was nothing to add. 

 

= Commissioner Bleiman stated the email from Andrew Diamond was supportive and asked Mr. Montoya how they got to where they are now. 

 

+ Bennet Montoya stated open communication.

 

+ Bennet Montoya’s manager and neighbor representative echoed Bennet Montoya’s statements.

 

= Commissioner Caminong commended Mr. Montoya on turning around the situation after hearing Director Weiland read Mr. Diamond's letter of support.  

 

= Commissioner Tan stated he was in support of lifting the time.

 

= Commissioner Bleiman asked how was Mr. Montoya is going to make sure the issues that were rising before don’t happen again if they are granted the 1:45AM close time.

 

+ Bennet Montoya stated showing a presence of security and the staggered closing has helped. They have been doing lighting control which has helped with the staggered closings, and they are not just opening the doors with lights on when patrons are leaving the venue, and they have had some staff changes as well.

 

= Sgt. Toomey with Central Station stated the police are in agreement that Hue has done a great job.  He added there were only two incident reports.  He added it has been raining and the good weather will come and it may change shift things.  He added their recommendation was that the existing conditions stay in place for another 6 months. He added there has been good management of the streets but it may be different when there are large crowds.

 

- Francesca Valdez, a neighboring business owner, stated she was a neighbor of the venue and Saturday there was a fight and large crowds in front of the establishment.  She added she never has spoken to the applicant and feels he was not being truthful and needs to clean up his business practices.  

 

- Male speaker stated the applicant’s clients bring a lot of alcohol to the neighborhood.  He added last Saturday, there was vomit and urine on the sidewalks.   He added it was working and do not extend his hours.

 

= Commissioner Tan asked was he following the list of conditions and has it been working out and thanked him for putting the work in. 

 

+ Bennet Montoya stated they have been following the conditions.

 

= Commissioner Bleiman suggested that the applicant power wash his venue and the neighbors’ sidewalks as well and it was incredibly effective. 

 

= Commissioner Thomas thanked the applicant for all the positive work that has been done.  She added she understood the police concerns and her preference was to lift the restrictive hours and continue in this positive direction.

 

= Commissioner Lee stated he was more inclined to go to 1:30 AM on the weekdays and 1:45AM on the weekends, and he could come back in six months again. He added he should be in more communication with the neighbors.  

 

= Commissioner Caminong stated there was improvement made and they were shifting the narrative to becoming a good actor. 

 

= Commissioner Bleiman stated the email from Mr. Diamond shows there is progress being made. 

 

MOTION: Commissioner Caminong moved to approve to allow entertainment until 1:45 A.M daily, Commissioner Bleiman second the motion.

ACTION: Commission approved to extend hours of entertainment until 1:45 A.M daily. 

AYES: Commissioner Caminong, Commissioner Thomas, President Bleiman, Commissioner Tan, Commissioner, and Commissioner Falzon

NAYS: Lee 

 

11. Commissioner Comments & Questions. [Announcements]

Commissioner Tan asked would the other Inspectors attend the meetings.

Director Weiland explained that Deputy Director Azevedo would be compiling the sound report for the hearings until the Inspector role is filled. 

Commission President Bleiman said a couple of weeks ago, the OEWD legislation came before the Planning Commission, and Commissioner Richards stated that he lived near a problem bar that had an outdoor space, and he only got results when he threatened their C.U. President Bleiman stated, “That's what he said on record, and I quote, "who am I going to call? The Entertainment Commission?" to me, the fact that he would say that is extraordinarily disheartening, and insulting to me. It just shows we have a lot of work to do as our Commission to make sure that people understand what we do and how we do it, and I think tonight was a really good indication that what we do is extraordinarily effective and actually has real progress. I do want to say to the staff that what he said in no way reflects on the hard work that you guys do every day, and I think it's really, really rewarding and important, the work that you do.”  He said what Commissioner Richards said hurt the staff and him, and it discounts the Entertainment Commission’s work.  President Bleiman closed the meeting in loving memory of Senior Sound Inspector Sean Burke.

 

ADJOURNMENT 8:19 PM