Entertainment Commission     
City and County of San Francisco 

 

APPROVED MEETING MINUTES                                 

Room 416, City Hall

1 Dr. Carlton B. Goodlett Place

San Francisco, CA. 94102

 

Tuesday, February 19, 2019, 5:30 P.M.

Regular Meeting

 

COMMISSIONERS PRESENT:  Ben Bleiman (President), Dave Falzon, Steven Lee, Al Perez, Laura Thomas

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BLEIMAN AT 5:35 PM 

 

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

COMMISSIONER ABSENCE: Bryant Tan and Dori Caminong

 

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       

 

1. General Public Comment - No 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.  

 

SPEAKERS:  None
 

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

SPEAKERS: None 

ACTION: Approved Minutes of February 5, 2019 

MOTION: Commissioner Thomas moved approved the February 5, 2019 minutes, Commissioner Falzon second the motion.

AYES: Commissioner Perez, Commissioner Thomas, President Bleiman, Commissioner Lee, and Commissioner Falzon. 

NAYS: None

ABSENT: BRYANT TAN & DORI CAMINONG
 

3. Report from Executive Director: Legislative/Policy Update: Office of Economic and Workforce Development Request for Proposal: Administering Music Venue Sound Mitigation Assistance Program; Staff and Office Update: nothing to report; Update on Board of Appeals Actions: nothing to report; Corrective Actions: nothing to report. [Discussion Item]

 

Director Maggie Weiland gave the Commission a brief update about a current request for a proposal that is out from the Office of Economic and Work Force Development for administering a sound mitigation assistance program to music venues.  They were excited to promote the project and have done some outreach already. Essentially, OEWD is going to award up to $150,000 dollars to a non-profit or an organization who would look into ways to administer funds to venues so they can mitigate any sound issues; essentially a sound proofing fund. She added a lot of the constituents have a need and the Entertainment Commission wants to increase harmony with neighbors, residents and music venues.   She added some of the projects might range in small amounts and some may be higher cost projects.   She hoped there were bidders out there who are interested in the RFP.   She added they have done some promotions on social media and the Entertainment Commission’s blog. 

SPEAKERS:  + President Bleiman - Feels art and music in San Francisco is suffering right now due to affordability and he thought the Administering Music Venue Sound Mitigation Assistance Program was a spectacular idea.

ACTION: None 

4. Report from Senior Inspector: Senior Inspector Sean Burke reports on recent venue inspections and activities. [Discussion Item] Inspector Burke reported a new tracking system for site inspections.                                           

NEW COMPLAINTS

Sun 2/10 11:25 AM Prestige 1524 Powell St. NA "Most weekends patrons from the Prestige social club exit between 12 and 1am and mill around yelling, screaming, playing loud bass music, talking loudly, etc., until about 2am or later. The night of Feb 9th (morning of 10th), this was exceptionally bad. I saw Prestige staff trying to use flashlights to move people along, but the staff was ignored. If Boardroom and North Star can be respectful of people in the neighborhood then so can Prestige." - ANONYMOUS / ACTION: Inspector Savino is in touch with operator who will be reaching out to staff for permitting.

Fri 2/15 10:40 PM Brick & Mortar 1710 Mission POE "mostly every day the noise is so loud, and it goes to mostly 1:30-2 pm in the morning." - KNOWN / ACTION: Inspector Fiorentino spoke with operator who will be ordering sound curtains.

Sat 2/16 11:02 PM Zoes 3088 24th St. NA "Loud music live concert" - ANONYMOUS / ACTION: Inspector Fiorentino visited and found operator to be hosting a DJ for the first time. He explained the permitting process and will send an introduction to staff.

INSPECTIONS

Sat 2/16 11:31 PM The Chapel 777 Valencia POE Inspector Fiorentino performed a routing sound inspection and found venue to be in compliance.

NOTICE OF VIOLATION

Sat 2/2 11:33 AM Riptide 3639 Taraval POE Violation of Permit Condition: In excess of internal sound limit - 91dBA/97dBC. Inspector Savino measured 99.1dBA/105.3dBC.

ONGOING COMPLAINTS

Original: 10/17/18 Temple 450 Howard POE/EHP

Fri 2/8/2019 11:35 PM "Loud music coming from Temple" - KNOWN / ACTION: Inspector Fiorentino visited complainant residence and venue to discuss ongoing complaint. Operator has ordered sound curtain. Neighbor is only disturbed when door is opened to let patrons in or out.

Wed 2/13/19 6:03 PM "The noise from Temple nightclub is way too loud. Thumping bass and keeping me and my neighbors awake." - KNOWN / ACTION: Inspector Fiorentino spoke with operator who stated that they would be building a sound barrier inside the front door to prevent sound from escaping.

SPEAKERS:         

Public comment - 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]

Dylan Rice gave an update on a major development in the cannabis legislation. The legislation was proposed at the Board of Supervisors that would give the Office of Cannabis the power to create a new regulatory framework, essentially creating a cannabis events permit, which the state recently authorized with the passage of bill AB-2020, letting communities decide when and where they want to have cannabis events. The full legislation is proposed, and it is going to committee on February 27, 2019. Dylan has done outreach to let event producers know that it's happening.  The legislation would give the Office of Cannabis the local signoff before it goes to the state for the final signoff for both indoor and outdoor events with cannabis sales and/or consumption. Cannabis consumption is 21 and up, and medical, 18 and up, with cannabis approval.  The big thing to know is if you are a sponsor, unlike alcohol, you actually cannot apply for the permit to procure and sell the cannabis. You have to hire a state licensed cannabis event organizer to operate sales and consumption, and then, the retailers who sell the product also have to be state licensed.  He added the rollout of this permit, assuming that it passes, would be a pilot program in the first year, which could be renewed each year at the discretion of the director of the Office of Cannabis.  He added he was the project manager and maintainer for the citywide master calendar of events and he has been doing orientations and meetings with stakeholders and departments.  He added there will be an outdoor event added to the Entertainment Commission’s upcoming summit.

SPEAKERS: None 

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. 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) 598 Brannan Street, Bl/Lot: 3777/045, 050-052, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 598 Brannan Street, which is located within 300 feet of The Grand and Hotel Utah, permitted Places of Entertainment.

SPEAKERS: 

= Commissioner Lee stated he no longer affiliated with the Grand and has sold his shares is now independent of the Grand.

 

+ Sarah Philips representing Tishman Speyer - The project was designed to meet the goals of the Central SOMA plan, which was adopted by the Board of Supervisors at the end of last year, 2018. The project itself is made up of three commercial office buildings with ground supporting childcare, industrial space and active retail, and it includes an affordable housing component, 150 -200 residences max.  Charles Salter & Associates will prepare a sound study specific to the noise that could enter these residential units particularly when events are being hosted. They are making sure to take seriously the interaction between proposed residential units and places of entertainment.

+ Jordan Roberts with Charles Salter & Associates conducted one long-term Place of Entertainment analysis of the project site near building four, which is a residential building, an ambient measurement along the nonresponsive property line, and a measurement of Hotel Utah noise levels which was between 11:40 and 11:50 P.M. They measured Grand Nightclub as well, from midnight to 12:10 A.M.  The findings and recommendations were a 35 along the facades to the northeast and northwest, and f-2-c ratings along the southeast and southwest of the facade. There is some shielding on the building to the east of building 4 three stories tall, and provide some shielding, but they used their worst-case estimate in the assessment.

 

= Commissioner Lee stated it was a big project asked how many residents were facing the Grand, which is actually facing the bay bridge and inquired about the sound measurements for the Grand.  He suggested lighting and a security plan for the park, and lighting for the alley. 

= Commissioner Perez asked if there were plans for entertainment at the public park and what type of artwork would be displayed and what percentage of affordable housing was in building No. 4.

= Director Maggie Weiland asked if Sarah Philips had heard back from the Grand or Hotel Utah. She added clarification since it was brought up by Commissioner Lee around lighting: a standard design consideration condition that the Entertainment Commission would offer to the Planning Commission during the design phase is that the project sponsor shall consider an outdoor lighting plan at the development site to protect residents as well as patrons at the place of entertainment.

= President Ben Bleiman stated the added db ratings for the windows was a good thing. 

= Commissioner Falzon stated they were looking at a nighttime population of about 200 people.

ACTION: The project was approved by the Entertainment Commission.

MOTION: Commissioner Thomas moved to approve with the standard conditions to adopt written comments and/or recommendations. 

AYES: Perez, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan & Caminong

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

Consent Agenda:

a) EC-1483 – Wu, Kingston of 1123 Folsom Street, LLC, Trademark & Copyright, 1123 Folsom St., Limited Live Performance Permit. 

 

Application for a Limited Live Performance permit for Trademark & Copyright, located at 1123 Folsom Street. The applicant is coming into compliance by applying for the LLP permit. Plan to continue hosting standup comedy nights, and may bring in live performances and/or DJ sets. Southern Station approved this permit with the following recommended conditions. 

 

Staff recommendation: Approval with Good Neighbor Policy.

Southern Station PD recommendations: 

1. Hire sufficient security staff or 10B (off-duty SFPD) to facilitate events. 

2. The permit holder will monitor the sound coming from the venue during hours of operation to ensure compliance with the permit. 

3. If complaints are made to the police, the volume must be turned down if requested by the police. 

4. Must comply with the times and types of entertainment as described in the permit application. 

5. Must comply with all requirements of SFFD occupancy codes/requirements. 

6. Permit holder shall be responsible for the management of outside promoters, special events, and the patrons inside and on the perimeter of the venue. 

7. There shall be a manager on-site during the hours of operation as a point of contact. 

8. Notify (via email) Southern Station Permits Officer, Southern Station Events Supervisor, and the Entertainment Commission of Special Events for situational awareness. 

 

b) EC-1486 – Osborne, Pete and Janet of Golden Bear Restaurant Company LLC, Pedro’s Cantina, 128 King St., Limited Live Performance Permit.

 

Application for a Limited Live Performance permit for Pedro’s Cantina, located at 128 King Street across from the Giant’s stadium. The applicants have applied for various One-Time permits, but would like to have a fixed-place permit to host regular entertainment until 10 pm. They plan to bring in a DJ during happy hour and host salsa nights. The applicants canvased their neighbors and distributed 50 flyers to residential buildings and businesses in a four-block radius of their location. Southern Station approved this permit with the following recommended conditions (see below).  

 

Staff recommendation: Approval with Good Neighbor Policy.

Southern Station PD recommendations: 

1. Hire sufficient security staff or 10B (off-duty SFPD) to facilitate events. 

2. The permit holder will monitor the sound coming from the venue during hours of operation to ensure compliance with the permit. 

3. If complaints are made to the police, the volume must be turned down if requested by the police. 

4. Must comply with the times and types of entertainment as described in the permit application. 

5. Must comply with all requirements of SFFD occupancy codes/requirements. 

6. Permit holder shall be responsible for the management of outside promoters, special events, and the patrons inside and on the perimeter of the venue. 

7. There shall be a manager on-site during the hours of operation as a point of contact. 

8. Notify (via email) Southern Station Permits Officer, Southern Station Events Supervisor, and the Entertainment Commission of Special Events for situational awareness. 

 

c) EC-1487 – Johnson, Joshua and Stoman, Rozanne of Whale Song Creative Enterprises LLC, Bazaar Café, 5927 California St., Limited Live Performance Permit. Change in ownership. 

 

Change in ownership Limited Live Performance permit for Bazaar Café located at 5927 California Street. Bazaar Café has been a staple of the Richmond District, and the new owners intend to maintain the same vibe and entertainment style as the previous permit holder. They will continue to host live acoustical music, poetry, and comedy acts. The applicants were granted a temporary permit and operated under the conditions of the previous permit conditions, and zero complaints were made during this time. The applicants collected over 575 signatures of support from their neighbors and patrons, along with supportive remarks. Richmond Station approved this permit with no added conditions.  

 

Staff recommendation: Approval with Good Neighbor Policy.

SPEAKERS: 

 

= Kaitlyn Azevedo, Deputy Director - Staff report. The first three applications are on consent because they're all accessory use permits. There was no opposition from the public, and the recommended P.D. conditions are standard. The applicants were provided the conditions and there was no opposition from them. 

 

ACTION: All three Limited Live Performance permits were conditionally granted to the applicants.

MOTION: Commissioner Perez moved to approve the consent calendar and Commission Falzon seconded the motion.

SPEAKERS: None 

AYES: Perez, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan & Caminong

 

Regular Agenda:

d) EC-1485 – Schefsky, Steve and John Tam of 1750 Crockett Lane, LLC, The Valencia Room, 647 Valencia St., Place of Entertainment and Mechanical Amusement Device Permits. Change in ownership. 

 

Applications for a change in ownership Place of Entertainment and Mechanical Amusement Device permits for The Valencia Room, previously known as the Elbo Room, located at 647 Valencia Street. The applicant’s goal is to preserve the culture and heritage of the premises by continuing the tradition of providing San Francisco’s patrons diverse nightlife entertainment in the Mission District. They plan to host local and touring talent such as bands and DJs, as well as host private parties, and special events. They are applying for the MAD permit because they have 4 pinball machines. The new applicants inherited their predecessor’s sound proofing plan and policies including an installation of one and half inch thick steel reinforced sheet rock paneling to all ceiling, doors, and stage walls. They have their own in house sound limiters and have worked with a sound engineer to add their own sound dampeners to prevent sound leakage as well as upgraded their sound system. The applicant’s neighborhood outreach which includes a mailer that was sent to 692 neighbors in their immediate area, flyers that were posted on Valencia Street, signatures they collected in support of their permit application, and pictures of their outreach which included them speaking directly with neighbors in front of the venue and canvassing the Mission with postcards and flyers. They spoke at the Mission Dolores Neighborhood Association meeting about their plans for The Valencia Room, and received a letter of support. Mission Station approved this permit with no added conditions. 

 

Staff recommendation: Approval with Good Neighbor Policy.

 

SPEAKERS:  = Kaitlyn Azevedo, Deputy Director - Staff report

 

+ Davin Ché, Operating Partner

 

=  Commissioner Lee asked what was the applicant’s background and

experience, what were the plans for the future, and would they be able to maintain the sound and would be any installation in the roof.  He also asked if they would he be hiring promoters.

 

= Commissioner Perez asked the applicant if they would consider having a logbook to record the types of issues that come up so they can see what patterns, or issues that keep recurring and what the common neighbor concerns were

 

= Commissioner Thomas asked about the preservation of Amelia’s/LGBTQ presence and was happy to hear there will be live music in that building and San Francisco was losing LGBTQ spaces in the city, and encouraged the applicant to reach out to the folks who just opened Jolene’s.  

 

= President Bleiman asked on the nights that are less busy, if they had plans to promote or nurture up-and-coming local music, or maybe acts that are more less commercially viable. He encouraged the applicant to memorize and follow the Good Neighbor Policy.

 

ACTION: Place of Entertainment permit was conditionally granted to the Valencia Room.

 

MOTION: Commissioner Falzon moved to approve with staff’s recommended conditions of the Good Neighbor Policy, Commissioner Thomas seconded the motion.

AYES: Perez, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan & Caminong

 

e) EC-1481 – Thowthong, Pongkran, Lalida Chananudech, and Nuchanat Thepyasuwan of DNA Success Inc, House of Thai, 901 Larkin St., Place of Entertainment and Extended Hours Premises Permits.  

 

Application for a Place of Entertainment and Extended Hours Premises permit for House of Thai located at 901 Larkin Street. The applicants are applying for the POE and EHP permits because they would like to have late-night karaoke from midnight until 3 am and serve Thai food. Per California state law, they will end all alcohol sales at 2 am. Only patrons ages 21 and over would be allowed in during karaoke hours. The karaoke would not be in rooms, but rather guests would perform the karaoke from their seat in the dining room while the lyrics were projected on a screen everyone could see. Commissioners were provided with the letter the applicants mailed out to their surrounding neighbors and businesses, and the signatures of support they collected. Northern Station approved this permit with no added conditions. 

 

SPEAKERS:  = Kaitlyn Azevedo, Deputy Director - Staff report

 

+ Pongkran Thowthong, Owner

 

= Commissioner Lee suggested after the sound test he should consider getting soundproof curtains and windows and to keep his door shut.

 

= Commissioner Perez inquired about his community outreach and were there any other concerns.

                                       

 = Commissioner Falzon caution the applicant to be prepared for the last

  hour of business and to make sure all alcohol is cleared out at 2:00AM

 

- Michael Nulty with Alliance for a Better District 6 asked for a continuance due to a murder that was half a block away during the hours of 2AM and 3AM.   He added he was a paid member of the Lower Polk Neighbors and the application has never been on their agenda and after hours was a big issue.

= Commission Falzon stated it was more a communication problem and from his stance the applicant was a responsible operator.  He added having the business open an additional hour would put people in a better environment than a dark inactive street. 

ACTION: Place of Entertainment and Extended Hours Premises permits were conditionally granted to House of Thai.

 

MOTION: Commissioner Falzon moved to approve with staff’s recommended conditions of the Good Neighbor Policy, Commissioner Thomas seconded the motion.

AYES: Perez, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan & Caminong

 

f) EC-1484 – Glenwright, Thomas and Priscilla Dosiou of Wineone LLC, Hotel San Francisco, 653 Commercial St., Place of Entertainment Permit. 

 

SPEAKERS: = Kaitlyn Azevedo, Deputy Director - Staff report  

 

ACTION: Item continued to the March 5, 2019 Commission meeting at the request of the applicant.

 

MOTION: Commissioner Perez move to continue the item to the March 5, 2019 meeting, Commissioner Lee seconded the motion.

SPEAKERS: None 

AYES: Perez, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan & Caminong

 

g) EC-1474 – Cheng, Henry of 3910 Lounge, LLC, 3910 Lounge, 3910 Geary Blvd., Place of Entertainment and Mechanical Amusement Device Permits. 

 

Applications for Place of Entertainment and Mechanical Amusement Device permits for 3910 Lounge located at 3910 Geary Boulevard in the inner Richmond. This application was continued from last Commission Hearing on February 5th, 2019. The Commission voted to continue this agenda item to the February 19th hearing so the applicant could revise their security plan. Previously, Officer Bryant and Sergeant Cueba from Richmond Station stated their concerns with the safety issues that have occurred at and around the premises, however the Officers did wish to approve the permit application with added conditions. Since the last hearing, the applicant submitted a revised security plan that was reviewed by Richmond Station and Entertainment Commission Staff. Together, they provided feedback to the applicant on ways to strengthen the security plan and ensure it coincided with the PD recommendations discussed at the last hearing. All parties involved with the revision of the security plan agreed on the final version that is attached in the Commissioner’s file. 

 

Staff recommendation: Approval with Good Neighbor Policy.

 

Richmond Station PD recommendation: 

1. Permit holder will have two security guards onsite with guard cards on their person during hours of operation on Thursday, Friday, and Saturday beginning at 8 pm until closing. 

2. Permit holder will send a monthly calendar of events to Richmond Station at Richmond.events@sfgov.org and the Entertainment Commission at least one week prior to the following month beginning. 

3. Entertainment will end by 1:00 am, every night of the week. 

4. Permit holder shall have security cameras located at all entries and exits, inside each karaoke room, and covering the main congregating area inside the bar. Permit holder shall retain video surveillance footage for a minimum of 30 days, and shall provide footage to SFPD at their request within 48 hours, regardless if an incident has occurred or not. 

 

SPEAKERS:  = Kaitlyn Azevedo, Deputy Director – Staff Report

+ Mark Rennie spoke on the behalf of the applicant.  He added it was a very problematic block, and there was a typo on page 4 of the revised security plan regarding crowd control at the venue and will call Richmond station only if there is a problem. He showed the Commission the fire inspection sign offs and talked about the work they are doing to come into compliance with the completion of a fire corridor. 

 

+ Henry Cheng, owner

 

= Commissioner Lee stated that the fire department works in two sections; one for building sign offs and one for public assembly sign offs, and the rumor has it that they are trying to combine the two departments.

= Commissioner Thomas appreciated the applicant addressing the concerns and for working with SFPD and revising the security plan.  She added she still has concerns but appreciated the applicant has reached out to SFPD. 

= Commissioner Perez asked if the applicant would consider incident logbooks for strategy.

+Sgt. Leonard Cueba stated he was fine with the revised security plan.

= Commissioner Falzon asked if there was a reason for requiring that security arrives at 8pm.

+Sgt. Leonard Cueba stated it was a happy medium between the original PD recommendation of 7 pm and the applicant’s request for 9 pm.

= Commissioner Falzon asked the applicant if they had any issues with the Police conditions.

+ Mark Rennie stated they asked for 9PM but they were ok with 8PM. He asked for entertainment to end at 1:30AM instead of 1 am, every night of the week. 

= President Bleiman hoped the process in working with staff has changed the applicant’s mind.  He encouraged the applicant to work with the Entertainment Commission and use the department as a resource.   

 

ACTION:  Place of Entertainment and Mechanical Amusement Device permits were conditionally granted to 3910 Lounge. 

 

MOTION: Commissioner Falzon moved to approve the application with the following conditions: Entertainment must end by 1:00 A.M every night of the week, and to strike PD condition number 1. PD conditions 2 through 4 will remain. Additional conditions proposed included: the permittee acknowledges that at all times a premise is open to the public they are solely responsible for the operation and conduct of this business. Number 2, at no time shall the permittee allow a third-party promoter any control over the marketing, management, operation or staffing of this business. Number 3, at all times the premise is open to the public, a readily identifiable manager shall be on site, and lastly, a condition involving lighting, the exterior of the premise shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and content of all persons on or about the premise, additionally the position of such lighting shall not disturb the normal privacy and use of any neighboring resident. Commissioner Bleiman seconded the motion. 

AYES: Perez, Thomas, Bleiman, Lee, Falzon 

NAYES: None

ABSENT: Tan & Caminong
 

9. Commissioner Comments & Questions. [Announcements]

 

= Commissioner Lee hoped to see everyone at the Chinese NYE parade this Saturday.

SPEAKERS: None

 

ADJOURNMENT 7:42 PM