ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, February 6, 2018
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present
Laura Thomas
Al Perez
Dori Caminong
Ben Bleiman
Liam Frost
Steven Lee

STAFF

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

CALL TO ORDER

Vice Chair Laura Thomas called the meeting to order at 5:34PM.

Absent were Bryant Tan.

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. 

General Public comment.

No public comment.

Vice Chair Thomas expressed the Commission’s condolences to Chair Tan and his family for the loss of his partner Nick.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of January 16, 2018 Commission meeting. [Action Item]

Commissioner Caminong moved to approved Commissioner Lee second the motion

Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

3. Report from Acting Director: Legislative/Policy Update: Nothing to Report; Staff and Office Update: update from Acting Director on EC Summit 2018; update from Dylan and Maggie on website changes and staff training; and update from Inspector Burke on Good Neighbor Policy working group; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Nothing to Report. [Discussion Item]

Dylan Rice, Senior Analyst – Community and cultural Events gave a screen presentation on changes and enhancements of the Entertainment Commission website and the new One Time Event permit applications.

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

NEW COMPLAINTS                        

1/2/18 9:19 PM  Ho's Tavern  2360 VAN NESS  "The bar is playing their music very loud. Tenants up to the 3rd floor above can hear the music. Resident has attempted to speak with owner regarding the loud music with no resolution."         

1/12/18 8:01 PM              Woods Station   2255 POLK           "Amplified live music at Woods Polk Station, 2255 Polk Street"            

1/13/18 3:35 AM              Terroir Bar          1116 FOLSOM    "Resident called to report loud noise coming from the bar at this location."     

1/14/18 3:37 AM  Alter Space  1158 HOWARD   "Loud pounding music is coming from this place. With a lot of people coming and going from the building."       

1/18/18 8:30 AM End Up 401 6TH "Loud music from the end up bar has been in for the past 4 hours. They have amplified music and DJ blasting the sound outdoors.

This severely interfere with our life across the street in our apartment. Please help stop this noise! Thanks." 

1/18/18 8:30 AM Grt Am Mus Hall 850 O'FFARELL   "100 years more old building without sounds approve or any acoustical panels inside the building. Music is too loud even residents who are live cross street can hear the music! Where can I submit this issue! SF planning department or DBI need to take it seriously!"     

1/19/18 9:03 PM UNKNOWN 2450 SUTTER "Electronic music pulsating throughout neighborhood."

1/20/18 10:03 PM Tupelo   1337 GRANT "Extremely loud nightly live music from a bar (Tupelo) penetrating into my residence in an adjacent building. Business seems to have made no effort to isolate the noise. Spoken with a staff member, but was told that they had no obligation to respect limits on noise levels because of their permit." 

1/22/18 8:55 PM   Bar Fluxxus          461 Bush              "Please enforce noise ordinance against patrons of Bar Fluxus who loiter in the alley after hours and / or during operation. 

1/30/18 7:25 AM The Assembly     449 14TH  "7am event hosted by the Assembly"              

1/31/18 9:27 PM  Pink Dolphin  1431 HAIGHT "Pink Dolphin at 1431 Haight Street --- The retail clothing store will have large events. Their space only should have 49 people inside but they have over 200. The noise is so loud and people are out on the sidewalk doing filming. It's so loud it shakes the nearby buildings and shakes the water in dinner glasses."           

ONGOING COMPLAINTS

Original:    Since last hearing:           

1/19/18               UNKNOWN         2450 SUTTER      2 Feb 18 22:55 … 2 Feb 18 23:16 ::: "Electronic music pulsating throughout neighborhood."

1/21/18               Carbon Lounge  383 Bay 29 Jan 18 18:23 ::: "Carbon turns off their music at 2am and turns it back on at 4am and plays through the night. The music is so loud it can be heard in residential on other streets."       

Grt Am Mus Hall 850 O'FFARELL   1/18/2018 8:30:00 AM … 28 Jan 18 10:32 … 2 Feb 18 20:07

Bender's  806 S VAN NESS 28-Jan  

10/29/16 Email     Hue     447 BROADWAY Complaint: 12/10/2017 11:08:47 PM: "Loud salsa music coming from unsound proofed back room of HUE nightclub; can be heard throughout my home"          

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             

9/29/17 Text     Double Dutch     3192 16TH ST     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           

RESOLVED COMPLAINTS

Bergerac 316 11TH ST No complaints since last hearing.  

Swedish Hall  2174 MARKET No complaints since last hearing.           

5. 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.

6. 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:

EC-1430 – Leavy, Joshua, San Francisco Brewing Co., 3150 Polk St., Limited Live Performance Permit.

EC-1431 – Castillo, Iris, Barebottle Brewing Co., 1525 Cortland Ave.,

Limited Live Performance Permit.

EC-1432 – Evans, Andrew, TBD or The Magic Patio, 3264 Mission St., Limited Live Performance Permit.

Commissioner Lee asked that item A to be removed from the consent calendar Commissioner Frost second the motion.

Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

Commissioner Perez moved to approve the rest of the consent agenda item B & C Commissioner Bleiman second the motion.

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

Commissioner Lee asked what applicant planned to have as entertainment since there were a lot of sensitive Marina neighbors in the area on Bay Street.

Joshua Leavy stated they would local artist with acoustic guitars with no stage set. All local artist but nothing extravagant in terms of sound and no DJ’s.

Commissioner Perez asked what policy was in place for complaints.

Joshua Leavy stated they had a plan in place with the Fairmont Hotel and there was 24 hour security at Ghirardelli Square and there was a plan in place for noise control if the residents had issues with the noise.

Commissioner Lee moved to approve the Permit Commissioner Bleiman second the motion.

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

7. 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:

2630-32 Mission Street, Bl/Lot: 3636/004 & 005, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 2630-32 Mission Street, which is located within 300 feet of The Makeout Room, Revolution Café, and Gray Area, permitted Places of Entertainment.

229 Ellis Street, Bl/Lot: 0331/001 & 001A, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 229 Ellis Street, which is located within 300 feet of Hilton Union Square, Union Square Sports Bar, Hotel Nikko, New Delhi Restaurant, Parc 55 Hotel, permitted Places of Entertainment.

Phil Lessor spoke on behalf of the project.  He added the location would be a mixed use project a slideshow presentation of the site plan was shown to the Commission and sound data was included in the report submitted to the Entertainment Commission.

No public comment.

Commissioner Bleiman moved to approve the RDR item A with the caveat they present to the Commission the plan for outdoor lighting Commissioner Perez second the motion

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

Moses with Star City Properties spoke on behalf of the project and sound was presented by Jordan Roberts with Salter & Associates.

Commissioner Lee moved to approve item b) including they have a sound reading from 1AM-2:30 AM to see what the decibel level was and have an outdoor lighting plan in place for public safety Commissioner Frost second the motion

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent- Commissioner Tan

8. 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]

Bennett Montoya stated there was an outline of the sound proofing that has been done before Hue with the years that it was done. . He added there was an outline that showed when the Relations Management was created in 2016 to help assist management, security with over serving.  He added also Hues correspondence with neighbors.

Commissioner Lee inquired about the sound and how he came up with the study.

Jordan Pauley regulatory consultant stated what they wanted to do was to get an idea about different ambient levels around Hue with different scenarios.  He added they developed data on different nights of Friday and Sunday nights.

Officer Steve Matthias with Central stated.  He added the new conditions have improved the conditions on Broadway and the violence as Hue has decreased.  He read incidents that have occurred after the May 2017 hearing after new conditions.  He added he recommended to make the conditions permanent and keep them in place so they would not slide back to the violent days of aggravated assaults fights and shootings and overserving.

Public Comment Dominque Landry District manager for Top of Broadway CBD stated he commended Bennet that was presented by Montoya because they did not see it previously. He added they have seen improvement in the past few months because the conditions that were put in place were working.

Andrew Diamond stated he has lived near Hue. He added things have been better than they have in years.  He added he was concerned with the noise in the back of the alley. He added there was still more that could be done.  He hoped it was not the end of the sound proofing because he thought it would resolve the sound issues.

Garth Smith stated he lived near the venue he added a lot of effort has been made to improve the sound but more could be done.

Public comment closed. 

Commissioner Bleiman moved to approve to lift the time restriction on the entertainment permit for a period of three months with no restrictions of the days of the week to 2AM daily pending a look back hearing to review the decision Commissioner Caminong second the motion

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, and Commissioner Bleiman
Noes - Commissioner Frost, Commissioner Lee & Commissioner Perez
Absent- Commissioner Tan

Motion fails

Commissioner Lee moved to approve lift the previous restrictions and for three months try Friday until 1AM and Saturday until 2AM and Sunday to Thursday until 12 midnight Commissioner Bleiman second the motion.

Vote:
Yeas - Commissioner Caminong Commissioner Perez, Commissioner Thomas, Commissioner Lee, and Commissioner Bleiman
Noes - Commissioner Frost & Commissioner Perez
Absent- Commissioner Tan

9.  Commissioner Comments & Questions. [Discussion Item]

Commissioner Lee sent his condolences to Commissioner Tan.

Vice Chair Thomas adjourned the meeting in the honor of Bryant Tan’s partner Nick.

ADJOURNMENT 8:32PM