ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, December 5, 2017
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102
 
COMMISSIONERS

Present

Laura Thomas
Dori Caminong
Al Perez
Steven Lee

STAFF 

Present

Acting Director, Maggie Weiland
Senior Sound Inspector, Sean Burke
Senior Analyst, Community & Cultural Events, Dylan Rice
Commission Aide, Crystal Stewart 
 
CALL TO ORDER

The meeting came to order at 5:35PM.

ROLL CALL

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.

Absent were: Bryant Tan, Liam Frost & Ben Bleiman.
 
CALL TO ORDER AND ROLL CALL      
 
1. General Public Comment 
 
Members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission. With respect to agenda items, members of the public may address the Commission for up to three minutes at the time such item is called. 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of November 7, 2017 Commission meeting. [Action Item]

Commissioner Lee moved to approve with minor change on page 3 Commissioner Thomas second the motion.
Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

3. Report from Acting Director: Legislative/Policy Update: Nothing to Report; Staff and Office Update: Update on Summit 2018, Holiday Party, and permit applications and website changes rollout; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Nothing to Report. [Discussion Item]

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

NEW COMPLAINTS         
11/8/17 2:27pm San Pancho 3198 16th St       "Excessive noise" - Complainant is working with operator.
11/11/17 12:09am Piano Fight144 Taylor   "Loud music" - Emailed complaint questionnaire.

ONGOING COMPLAINTS
Original:                                                           
10/29/16 Email Hue 447 Broadway    Complaint: 11/12/17 - 11:39pm: "quite a bit above ambient"
11/14/16 Text Halcyon 314 11th St Complaints: 11/11 @ 4:18am, 11/16 @ 11:39pm, 11/18 @ 12:53am, 11/19 @ 12:17am, 11/25 @ 2:10am, 11/26 @ 8:22am
8/8/17   Text Swedish Hall 2174 Market Complaint: 11/13 - windows vibrating, complainant texted operator… Inspector not on duty at time of disturbance.
8/20/17 311 Bender's 806 S Van Ness   Complaint: 12/3 @ 12:06am - Complainant has been urged numerous times to report disturbance directly to inspector.
9/29/17 Text Double Dutch 3192 16th Complaints: 11/6 @ 12:25am, 11/18 @ 10:51pm, 11/19 @ 12:22am, 11/21 @ 11:51pm, 11/23 @ 12:22am, 11/2 @ 1:16am
11/11/17 Text Bergerac 316 11th St.
Complaints: 11/16 @ 11:39pm, 11/30 11:50pm - Doors Open
RESOLVED COMPLAINTS
8/10/17 Make Out Room 3225 22nd St. NO COMPLAINTS SINCE LAST HEARING

NOVs & CITATIONS
11/9/17 CIT 11:04pm Giants 24 Willie Mays Amplified sound occurred after conditioned end time.
11/11/17 NOV 11:04pm Bergerac 316 11th St Violation of Good Neighbor Open Door Policy (#7)
11/19/17 NOV 1:00amDouble Dutch 3192 16th St       In excess of 8dB of ambient at property plane.
11/19/17 CIT 1:15am Calle 11 1501 Folsom In excess of conditioned internal sound limit.
11/19/17 CIT 1:45am Halcyon 314 11th St In excess of conditioned internal sound limit.

SOUND TESTS    
11/17/17 8:00 PM Emporium 616 Divisadero PASSED

INSPECTIONS    
11/17/17 6:00 PM SKINTIE 2350 Broadway Worked with City Attorney and SFPD to address ongoing neighbor complaints regarding unpermitted events.
11/18/17 12:45 AM Mr. Tipple's 39 Fell   Investigated anonymous complaint of door being left open. In touch with operator.

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

Dylan Rice updated the commission on his current projects on the hub and spoke model and increasing efficiency when it comes to the rules and regulations and support systems for outdoor events.  He added they were still in partnership with emergency management and asked them on the Entertainment Commission’s behalf to talk to the Mayor’s office to float the idea of a task force and are close to getting clarity on the Mayor’s positon and should new at the beginning of the New year.   He added he was working with the Chief of Staff at DEM on stakeholder mapping to figure who are all the critical departments and players who need to be at the table and kept informed.    He added he was working with Commissioner Perez on the outdoor permitting guide.   He added they had a draft that has been sent to SFMTA and DEM and SFPD and they were already getting feedback from those agencies.   He added he went to a great conference called Fest Forums last month which was a gathering of people who were in the festival industry to learn about trends and best practices.

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]

No comments were made.

7. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [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-1425 – Garnicki, Tony, Berber, 1516 Broadway St., Limited Live Performance Permit.
Public comment
No public comment

Commissioner Lee moved to approve with minor change Commissioner Thomas second the motion.
Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

Regular Agenda:

b) EC-1424 – Murphy, Scott, Nate Valentine, and Chad Donnelly, August Hall & Fifth Arrow, 420 & 430 Mason St., Place of Entertainment, Extended Hours Premises, and Billiard Parlor Permits.

Commissioner Caminong moved to approve Commissioner Perez Second the motion
Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

c) ECLSP-6054 – Delaney, Michelle, Minna Gallery Holiday Party, Outside of 111 Minna St., Saturday, December 9, 2017 from 6pm-12am, Loudspeaker Permit.

Commissioner Lee moved to approve Commissioner Caminong Second the motion

Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

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

Regular Agenda:

a) 425 Mason Street, Bl/Lot: 0306/002, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed hotel/motel project at 425 Mason Street, which is located within 300 feet of The Hotel Donatello and former Ruby Skye which will be August Hall & Fifth Arrow, permitted Places of Entertainment.
Commissioner Lee asked did they have a street plan for the guest of the hotel since there have been past complaints. He recommended to the applicant to notify tenants of events taking place at venue.

Applicant stated they were working on plans to mitigate complaints.

Public comment

Nate Valentine stated they use of the street as a whole, they want to make sure they don’t cause issues or create new ones.  He added they agreed upon dates for sound test when their venue is open. He added the notice to inform guest they are close to a live venue.  He added the alley should be analyzed.

No Public comment

Commissioner Lee moved to approve with standard conditions lighting to avoid loitering in alley notification to hotel test to guest, sound test to be conducted at peek time of event Commissioner Caminong second the motion
Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

b) 542-550 Howard Street, Bl/Lot: 3721/135, 136, 138, 016, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 542-550 Howard Street, which is located within 300 feet of Southside Spirit House, Kate O’Brien’s, Temple Nightclub, and Harlot, permitted Places of Entertainment.
Commissioner Lee suggested lighting be addressed and the entrance for patrons.

Public comment
No public comment.

Commissioner Caminong moved to approve Commissioner Perez Second the motion

Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

9. 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 at the request of permittee.  [Discussion and Possible Action Item]

Acting Director Maggie Weiland stated Hue came to the hearing previously and they went to the Board of Appeals and at that time they upheld our decision and they have been operating under a midnight cut off for entertainment since July.  She added it was within their prevue to request to come to a hearing prior to the six month mark the commission had set for them.  She added there was an enforcement timeline from Inspector Sean Berk to be able to get a good gage of what he has observed in terms of complaints since July 27th of this year until current.   She added she received a note from Sunny who is in Supervisor Peskin’s office.

Robert Bloom the Attorney for Bennett Montoya.   He added the midnight limitation has been in place for 6 months and from what he understood his client has been in full compliance with the conditions.  He added he was doing his best to operate his club.

Commissioner Lee stated the applicant was lacking data limiters work but they can be adjusted.   He added he wanted to see some sound test conducted with data and why they were getting complaints.

Robert Bloom stated the Diamond tenants moved in prior to having a child and now they did and complaints were made. He added each time Inspector Burke went out and the applicant has been in compliance.    
Bennett Montoya stated they have done numerous sound improvements made and conducted test in the alley and made recommendation. He added to the renovations to alley rafters were soundproofed with sheetrock.  He added they were still waiting with approval from the Land owner on implemented other sound improvements.   He added they were working as much as they could on the sound issues.

Commissioner Lee stated that information for sound should come from a certified sound inspector and should be in writing.   

Inspector Sean Burke spoke on onsite inspection at Hue.  He has go out on September and October within an hour of midnight.  He added they were compliance with code or sound level of ambient doesn’t always equate to an elimination of a complaint.

Officer Steve Mathias stated the reason they were here was because of mismanagement of the club noise, littering overserving, loitering, combative issues.  He added he agreed with meeting with Montoya but they did not get any improvements. He added one of the things he went over and over again over consumption of alcohol. 

Attorney Robert Bloom stated there has been some ABC findings that the club was not a disorderly house.  He added not all the findings were accurate from the police.  He added prior to the appearance on the scene there were not problems and things change in 2014 when captain Lazar became Captain and said Hip Hop music was bringing in the wrong crowd.   He suggested the midnight limitation restriction has been devastating and asked that it would be remove.

Commissioner Lee stated they had a prior applicant had a similar situation and they had documentation with changes.

Bennet Montoya stated he wanted to know what else they needed since he has been in compliance.

Public comment

Dominic LuMandi Community Benefit District stated they have not seen any plans from Bennett Montoya since the last date of his hearing.

Francesca Valdez stated she was not called or contacted by email that he wanted to

Jordan Pauley stated the police had time to write violations but did not as it relates to sound.

Public comment is closed.

Commissioner Camiong said she agreed with Commissioner Lee would not be comfortable making a decision and have some data to mitigate the sound noise.  She added she wanted to table it to another hearing.

Commissioner Lee stated he would like to see a letter of recommendation from an independent sound engineer and what the cost and when will be finished.

Commissioner Perez stated he was concerned about the photo that Officer Matthias showed with the bottle service and security within the bar service.

Commissioner Lee moved to continue the item to 1/16 and the applicant must provide a record from a sound mitigation plan and provide to neighbors and entertainment commission and a plan how they have meet their conditions Commissioner Perez second the motion
Vote:
Commissioner Caminong, Commissioner Perez, Commissioner Lee and Commissioner Thomas

Recessed at 7:46PM
Reconvened at 7:56PM

10. Consideration and possible adoption of proposed findings and determination, in conjunction with the Commission’s previously announced decision In the Matter of a Complaint against Jose Escolero dba La Oficina’s Place of Entertainment Permit No. EC-1216 that included imposition of a 30-day suspension.  (Commission to discuss and vote to accept, modify, or reject, proposed findings and determination.) [Action Item]

Attorney Reyes stated she went through the initial proposed findings and made objections to them she added she had received a new one and it appeared to be fine.   She added she wanted to include that they continued the hearing on the document for the history of what happened.   She added she had no further objections.  She added La Oficina had not done anything with their entertainment license at this point and they sent an email that they would not do anything until the issue was resolved.     She added essences they had not did anything since the initial letter of complaint and she was requesting on behalf of La Oficina that the 30 day suspension be retroactive.  She added it would give them time to start with their entertainment license again to start a new.

Public Comment
Eva lives in the neighborhood and has concerns for the safety of her neighborhood.  She added she feels the applicant has been irresponsible which lead to someone being shot on the premises and it could be someone else life.  She added there were a lot of bars that complied with the laws supports for the 30 day suspension.

Andrea from district 11 stated she agreed with Eva and she did witness patrons beyond drunk and they would still let them inside the venue. She added she supports the 30 day suspension.

Supervisor Ahsha Safai legislative aid Suhagey Sandoval stated the supervisor supports the 30 day suspension and asked for it not to be retroactive but immediately.

Public comment closed.

Acting Director Maggie Weiland asked had Vice Chair Thomas reach out to the City attorney on the protocol for sending out the Notice of Suspension to start tonight or starting tomorrow Wednesday December 6, 2017.

Vice Chair Thomas stated the notice should state the date the suspension should start and also state the date the findings were being December 5, 2017 issued and the date which the suspension starts. 

Motion

Commissioner Perez moved to approve to adopt the findings as drafted by the city attorney and to start the 30-day suspension starting December 5, 2017 Commissioner Caminong second the motion
Vote:
Commissioner Perez, Commissioner Caminong, Commissioner Thomas, Commissioner Lee

11. Review and possible action to change the conditions of the Good Neighbor Policy [Discussion and Possible Action Item]

Inspector Sean Burke stated he handed the Commissioners was the Good Neighbor Policy to be a conversation starter and he included some notes on some suggested additions on how the existing conditions could be modified.

Vice Chair Thomas stated there was some interest on a couple of Commissioners forming an adhoc work group to look at it and develop with Inspector Burke some language.  She asked if Commissioner Lee and Commissioner Caminong would be willing to work with Inspector Burke on developing some draft language building on the work that Inspector Burke has already done and modify the language on the RDR and the Good Neighbor Policy.  She added they could look at an update at the next meeting.

Commissioner Lee accepted being on the adchoc work group as well as Commissioner Caminong.

12.  Commissioner Comments & Questions. [Discussion Item]

Vice Chair Thomas reminded staff and the public to come the Entertainment Commission’s Holiday party on Tuesday, December 19, 2017 at 5:45PM at the Chapel.

Commissioner Perez thanked the Commission on all their hard work.

ADJOURNMENT 8:16PM