DRAFT
ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, January 16, 2018
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102
 
COMMISSIONERS

Present
Laura Thomas
Al Perez
Dori Caminong
Ben Blieman
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. 

1. General Public comment.

Michael Nulty with Alliance for a Better District 6 stated he wanted to point out that the guidelines for Neighborhood outreach. He added he was at a hearing some years ago and he asked the Black Cat to do outreach to the community groups and to date that has not been done.  He added one of the conditions of approval was coming to the neighborhood group specific the Alliance for a Better District 6 he added he has sent emails and got no response.  He added it should be looked at and it was the whole purpose they had the guidelines and for them to be instituted.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of December 5 and December 19, 2017 Commission meetings. [Action Item]

Commissioner Caminong moved to approve the minutes of December 5, 2017 & December 19, 2017 Commissioner Perez 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 Rice on website changes; 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]

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

NEW COMPLAINTS         
11/16/17 10:21 PM   Laguna Café       1821 HAIGHT  "This is a repeat offence. They are playing loud music. I am in the building behind them. The kitchen is in the back of the establishment and they always leave the door open. The music blares to the next street, right through my building. The door  needs to be kept shut. It is not that bad if the door is shut."
11/18/17 11:43 PM   The Center SF     674 OAK ST         "The building directly beside me (660 Oak St) will periodically play loud music until late in the evening. Do they have a permit to be doing this?"
11/24/17 3:24 AM   St. Mary's Pub    3845 MISSION    "The bar plays music & are partying after 2am every night. She wants it to be quiet after the bar closes. It is being used as there own personal party space."
12/3/17 4:00 AM Carbon 377 BAY "Carbon night club is blasting music at 4am"
12/8/17 12:07 AM Vertigo/Upcider 1160 POLK     "Loud noise and music for past 45 mins"
12/8/17 12:15 AM Sidewalk Band 757 VALENCIA    "Band kept playing past midnight. Drunk people outside disrespecting the neighborhood."
12/10/17 10:11 AM One-Time Event 284 NOE "Loud DJ'd street party"
12/13/17 10:17 PM  Great American Music Hall   859 OFARRELL "1) music too loud 2) people are taking break on the street talking 3) the building need improvement or upgrade on acoustic systems"
12/14/17 1:16 AM    Cinch     1723 POLK "excessive music and bass continuing past 1:00am."
12/16/17 9:31 PM     Great American Music Hall            859 OFARRELL    "Loud noise on the street! More than 30 people stand outside The American Music Hall chatting and laughing."
12/15/17 8:48 PM     Pier 27 Private    PIER 27 "Loud music from pier 27 concert. I live up the hill and can hear the words to the songs."
12/17/17 11:23 PM   Church Barber    524 OCTAVIA      "Barbershop has parties for 4+ hours on Sunday nights, not letting anyone in the neighborhood sleep. How is this legal."
12/19/17 8:13 AM The Chapel 777 VALENCIA    "The chapel is going beyond their permit permissions.   Sound levels are exceeding healthy standards and neighbors are having severe problems living with this nuisance"
12/20/17 8:17 PM Wreck Room 1390 CALIFORNIA  "There is loud base sound from this establishment playing rap music, as a result it is shaking the building and impacting residents that are even 2 levels above the bar. This has been happening often and it continues until 1:30 am. Depending on who works the bar, the level of noise usually is loud or extra loud. It always varies based on who is tending the bar- although I am not sure who it is.
12/21/17 10:47 PM The Crepe House  1755 POLK "Excessive, loud bass music. Possibly live from nearby bar on Polk st."
12/29-30  22:47-00:40 The Armory 1800 MISSION    6 Complaints from 14th & Woodward
12/30/17 11:28 PM Church Services  5401 MISSION    "Location is playing live music and entertainment at all times of the evening. Do they have a permit for this? There is also street food here. Did they file permits for this? There may be extreme health code and noise code violations at this establishment. There is also a lot of illegal parking on the street which causes congestion and is a hazard to cars and pedestrians."
12/31/17  00:38-00:52  The Armory  1800 MISSION  2 Complaints from 14th & Woodward                                        
ONGOING COMPLAINTS
Original: Since last hearing:
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.
Bender's  806 S VAN NESS No complaints since last hearing.
Swedish Hall       2174 MARKET   No complaints since last hearing.
NOVs & CITATIONS
12/23/17 7:00 PM  La Oficina  4234 MISSION    Security guard Jose Campos’ CA Guard card expired. Metal detecting wands not being utilized. 1 security guard on site at 6:30pm. Guard #2 arrived 6:45pm.
12/24/17 12:00 AM          HUE       447 BROADWAY In excess of External Sound Limit of 80dBC. Measured 83.1dBC from Northernmost side door in alley. Halcyon exceeded the allowable noise emissions under Article 29.
12/24/17 12:45 AM  Halcyon 314 11TH ST  In excess of Internal Sound Limit of 116dBC. Measured 118.8dBC from center of dancefloor. Halcyon exceeded the allowable noise emissions under Article 29.
INSPECTIONS    
SKINTIE 2350 Broadway Worked with City Attorney and SFPD to address ongoing neighbor complaints regarding unpermitted events.
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]

Senior Analyst Community & Cultural Events
Dylan Rice stated in addition to the website and permit applications and the roll he would be complete by the end of this month.  He added making progress on the Outdoor Event Planning Permitting Guide. He added Commissioner Perez has been great and doing the detail work with him.  He added the feedback from DEM and EMS agencies which were now separate have given good comments and changes.  He added from MTA changes from the sign shop, their taxis and accessible services division.   He added they would hear back from more MTA people on Thursday and the transit and SFPD are still reviewing the guideline and should hear back from them this week or next week.   He added he will able to make changes with ADOBE software.  He added next week he would be heading over to Austin for the Municipal Special Events Summit convening government workers from other countries to regulate, promote and produce special events where he will represent San Francisco.  He added he will send out another bulletin with the new permitting rules.

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-1427 – Gonzalez Sanchez, Jose Antonio, Venice Pizza and Restaurant, +

Commissioner Frost moved to approved Commissioner Bleiman Second the motion.

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

Regular Agenda:

b) EC-1428 – Choy, Timmy and Jeff Ng, Pandora Karaoke, 50 Mason St., Place of Entertainment Permit.

Commissioner Lee moved to approve Commissioner Frost second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent - Commissioner Tan

c) EC-1426 – Mak, Danny, and Yan Wai Chan, Underground Grill Kings, 2543 Noriega St., Place of Entertainment.

Commissioner Perez moved to approve with SFPD conditions Sun-Thursday 11PM-2AM Commissioner Frost second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Frost and Commissioner Bleiman
Noes- Commissioner Lee
Absent - Commissioner Tan

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) 1525 Pine Street, Bl/Lot: 0667/020, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential/retail project at 1525 Pine Street, which is located within 300 feet of Playland and Holiday Inn, permitted Places of Entertainment.
Commissioner Lee moved to approve recommend lighting notify neighbors of noise in area Commissioner Caminong second the motion
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent - Commissioner Tan

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]

Attorney for Bennet Montoya stated beginning in 2014 new Captain Lazar lead to problems as a result to some of the actions of Captain Lazar that there were a series of violations.  He added of the 52 violations only 4 were violations.  He added he believes it was fair to say the most significate that there were 52 violations.  He stationed a manned police car across from the venue.   Had was contributed to the venue and was an important factor and almost all of them were rejected.  Effective in June of 2017 limited entertainment to midnight. He added he submitted 8 letters of support.     

Commissioner Lee had concerns with the noise and neighbors, Conner did a sound test.  He added the most recent work was done five days ago.    He added the only condo owners that complained were Mr. & Mrs. Diamond.  He asked the Commission to take note that there were only two complaints from the couple. He added the applicant has been compliant with the stipulations on the venue.  He added the applicant has sent emails to the Diamonds explaining what they have done with the sound issues.  African American Chambers of Commerce has supported the venue.  He added there was a violation was on December 24, 2017.

Bennet Montoya stated he saw a significant drop in noise.   He added the violation on December 24, 2017. External

Commissioner Lee stated the commission wanted it in writing.

Jordan Pauley, Regulatory consultant stated there was sound distortion in alley which was an issue it would take time to compile a report and the test that has been done.
Commissioner Bleiman stated there was there issues with the neighbors. 

Public comment

Officer Steve Matthias with Central Station stated he would address his comments at the next hearing.

Andrew Diamond stated he has been a resident since 2007 and still gets noise in his home from the base and has done sound repairs inside his residence.

Garth Smith sound has improved drastically he added Bennet tends to be a procrastinator.  He said it is a situation that can be resolved.

A District Manager stated it seemed that Bennet Montoya came forward for the commission to make a decision on incomplete information. He added he has been trying to have a conversation with Bennet Montoya but it has been one way.

Commissioner Lee suggested to Bennet Mon to have everything done and all the data so the Commission can make decision.  Points of when the data and where it was done. 

Commissioner Lee continued the item with completed data and witnesses present to speak to test. Commissioner Frost second the motion.
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Frost and Commissioner Bleiman
Absent - Commissioner Tan

10.  Commissioner Comments & Questions. [Discussion Item]

Commissioner Frost stated to remind the speakers of the two different tones during public comment.

ADJOURNMENT 8:02PM