ENTERTAINMENT COMMISSION

APPROVED MEETING MINUTES

  City and County of San Francisco

 

ACTION HEARING MINUTES OF THE 

Tuesday, November 6, 2018 HEARING

City Hall, Hearing Room 416

Dr. Carlton B. Goodlett Place

San Francisco, CA  94102

 

 

 

COMMISSIONERS

 

Present

 

 

Ben Bleiman

Dori Caminong

Bryant Tan

Laura Thomas

Al Perez

Steven Lee

Dave Falzon

 

 

STAFF

 

Present

 

Executive 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 5:33PM.

 

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.

 

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.  

 

No public comment was made.

 

Chair Bleiman stated normally the first order of business was public comment but since there was none; he would change the order of the agenda and move item No. 7 up on the agenda out of respect for the Captain’s time. 

 

No public comment.

 

Commissioner Tan moved to approve moving item No. 7. Discussion led by SFPD Mission Station Captain Caltagirone and Lieutenant Canning regarding recent trends of evening entertainment providers, patrons and their interactions with Mission Police Station. on the agenda, Commissioner Caminong second the motion.

Vote:

Yeas - Commissioner Caminong, Commissioner Thomas, 

Commissioner Bleiman, Commissioner Falzon, Commissioner Lee & Commissioner Tan

Absent at the time of the vote: Commissioner Perez

Noes - none

 

Captain Caltagirone from Mission police station stated he was trying to think outside the box of what happens in the Mission district, and would hope it would roll over to all the other police districts eventually.     He added there were many incidents that occurred in the Mission with the bars and restaurants, when patrons and workers leave they might stubble and are robbed by and individual or perhaps a sexual assault might occur in a venue.  He added he wanted to create a team working together with the restaurant and bar owners and the Entertainment Commission to have an open dialog and means of communication.  He added to meet with everyone and educate each other on public safety when the bars close at 1:30 AM and 2:00 AM. 

 

Lieutenant Canning stated they were attempting to start a dialog at Mission station were they could meet at regular intervals with the owners of night entertainment establishment to meet regularly to form an established relationship and open up a line of communication.   He added it would be able to help them understand trends that may want to educate their patrons and staff about.  He added between the hours of 12 midnight and 4AM in the Mission district for the past three months there have been approximately 79 aggravated assaults, robberies, and thefts from persons.   He added a majority of the victims are employees of an establishment who leave with tip money or patrons who are trying to find their car and are unfamiliar with the area.     He added it would be very useful for them to identify suspects and have the means to share the info with the bars and restaurants.   He added their vision was to hopefully create a regularly interval monthly and bi-monthly meetings either at their establishments or Mission district police station. He added it would be beneficially to the establishments the police departments, the Entertainment Commission, and the citizens that come and patronize establishments.  

 

Commissioner Lee stated it was good and years ago when Chief Redman was the Captain they formed SOMA Safety Commission and they all got together from 11th street to 3rd street and had monthly meetings. He added they were able to communicate and find out what everyone problems were and encouraged the other districts to do it.  He added he was glad that Mission station was taking and effort on doing the meeting. 

 

Commissioner Perez arrived at 5:34PM

 

Captain Caltagirone stated they created a general flyer that business owners could have in their businesses. 

 

Commissioner Thomas stated she lived in the Mission district and offered her assistance in helping to bring information back to the Entertainment Commission or attending meetings.   She added she was excited to hear about it and it was a great initiative. 

 

Commissioner Falzon applauded Captain Caltagirone and Lieutenant Canning for including the Entertainment Commission in their efforts.   He added it was exactly were the city wanted to take it, were the commission is working collaboratively with the police department verses what happen in the past many years ago.  He added it was great they were bringing the Entertainment Commission in early and hopefully they could tap some of the resources available to them from the Entertainment Commission and there might be an opportunity to partner.  

 

Chair Bleiman stated he loved the idea as well and there was precedence and there were already some best practices they could seize on as well; added the Entertainment Commission was extremely well connected with the license holders.  He added he owns Dr. Teeth and he organizes the bar owners. 

 

GENERAL PUBLIC COMMENT - was reopened since the public was available to speak.

 

Kelly stated they have now been two years into the situation with Halcyon and was present to let the Commission know that it has not gotten better. She added the conditions that the Commission placed on Halcyon operators permit has not been effective because they were often not enforced.   She added she did not criticize the Commission or the inspectors and understood that resources were limited. She added however when a permit limitation operations end at 4:00 am it is not enforceable unless inspectors were working after 4:00 am. She added she wanted to make it clear to work with the Commission and the operator but they have not been getting anywhere.  She added they have reached out to the operator numerous times but it never seems to improve when they do.   She added they were disheartened that the operator has been given many chances to bring her venue into compliance but has continually failed to do so.   She added she believed that entertainment and housing can and could exist side by side in San Francisco and was proud of their neighborhood and have positive relationships with other entertainment venues on 11th street.   She added from a public health perspective continuous operations excessive noise limits that go on all night are incredibility damaging to their health and well-being.  She added she believed that Gina Milano has shown she does not intend to comply with permit conditions.  She added they invited the commission to work and talk to them to find some solution for the continue health of both the residential neighbors and the entertainment venues that make 11th Street a valued and unique part of the city. 

 

Tony Vu stated he was a neighbor to Halycon and was present to give the Commission an update and to give some background. He added 

in 2016 when he bought his home, he knew the neighborhood and consulted with the Entertainment Commission prior to buying and he was advised I would be living next door to Holy Cow and it would be loud.  He added he contacted Holy Cow and asked

the seller if I could spend a night before putting in an offer, with the due diligence, everything checked out. He added the noise level was manageable, he moved in, and things were great.  He added he did not expect Beat Box

selling to Gina and how she would spend hundreds of thousands of dollars to upgrade sound equipment in an old brick auto mechanic shop.   In the first few months he researched online for soundproofing windows and found quotes for $3,000 to $4,000 per one I do and with eight windows and a sliding door and labor it came out to about $60,000 that he couldn't afford.  He added he has been working with the Entertainment Commission since to notify sound complaints and over the years, they have received countless violations. He added probably the most out of all P.O.C.S consultants

have confirmed her old roof is where the sound leakage is happening. However, when Gina comes here instead of telling us what to do

to fix thing, she distracts the conversation by pointing to unreasonable anti-entertainment

residents and E.C. staff and inspectors are out to get her. In the past few months, the

lawyers would ask if they would consider having the windows soundproofed by Gina and we responded multiple times saying yes.  We realized there was no effort and progress and it was a tactic to tell the E.C. They were trying to really help us.   I have even shared my quotes to Gina out of good faith and in a response to a later text message complaint from me; she responded rudely that I was cheap and

laughed that I could not pay

$3,000 to fix my windows.  He added it was quite clear when Gina was

here last when commissioner Tan

told her not a decibel above her limit or one minute after 4:00 A.M. in the past month, she has received violations for both. I understand the commission promotes nightlife, but if they recklessly continue, what message are you sending to the rest of the P.O.E.S?

 

Public comment is closed.

 

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

 

Commissioner Lee moved to approve the October 16, 2018 minutes Commissioner Thomas second the motion.

Vote:

Yeas - Commissioner Perez Commissioner Caminong, Commissioner Thomas, Commissioner Bleiman, Commissioner Falzon, Commissioner Lee & Commissioner Tan

Noes - none

 

3. Report from Executive Director: Legislative/Policy Update: Nothing to Report; Staff and Office Update: Update on Deputy Director Hiring; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Director’s Orders Issued to both #EC-858 POE & #EC-904 EHP for dba Harlot as well as #EC-822 POE for dba Club Malibu Requiring Compliance with Revised Security Plans. [Discussion Item]

Executive Director Weiland stated she was excited to announce that she has hired a Deputy Director for the Entertainment Commission.  She added she will start on Monday, November 19, 2018 and will be a great addition to the office.

 

Senior Analyst for Community and Cultural Events Dylan Rice reminded the Commission, the public about the next SF Outdoor Events Network Mixer scheduled for Wednesday, November 7, 2018 at El Rio in the Mission District, and the topic will be how your event can leverage technology to increase revenue and improve customer service the event would be 5:30PM-7:30PM.

 

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

 

NEW COMPLAINTS                                                       

10/20/18 Burning Man Decompression Potrero Power Station OTE   25 complaints from various neighborhoods. Email sent to complainants by promoter.

10/20/18 1:21 AM Endup 401 6th St POE/EHP "Endup back patio music is too loud" - Inspector Fiorentino verbally warned operator.

10/22/18 9:03 PM   Lucitas 3247 Mission POE "...loud live music above the allowed decibel..." - in compliance at time of visit.

10/24/18 11:00 PM          

AT&T Park 24 Willie Mays POE 2 complaints - 1 from ballpark area & 1 from Duboce Park area.

10/25/18 8:57 PM   

Terroir Wine Bar 1116 Folsom NA   "...music is intrusive." - Inspector Fiorentino is in touch with operator re: permitting.

10/26/18 11:45 PM Underground SF 424 Haight POE "Open doors…" - Have issued citation previously. Inspector Savino will monitor.

10/27/18 4:10 PM Anchor Brewing 1705 Mariposa   NA    "Loud outdoor concert music at brewery…" - Event finished prior to inspector arrival. Inspector Burke will be reaching out to Anchor Brewing to discuss permitting process.

 

10/27/18 11:06 PM Grand Nightclub 520 4th St POE "The decibel level is so high loud at night 11:0pm that it is shaking the walls of the residence at 49 Zoe. Other residents have complained" - Inspector Fiorentino is investigating.

11/1/18 10:40 PM Charmaine's 

1100 Market   POE "Music can be heard from across the street" - Inspector Fiorentino is in touch with operator.

 11/2/18 12:35 AM 

Regency Ballroom 1290 Sutter POE   "...music is spilling onto the streets..." Inspector Savino is in touch with operator.

11/3/18 10:01 PM Bix 56 Gold LLP "Loud music" - Inspector Savino will follow up.

                                                           

SITE INSPECTIONS                                                         

10/19/18 10:30 PM Midway 900 Marin POE/EHP Complaint follow up. Inaudible from residence. Will continue to monitor.

10/20/18 1:30 AM Endup 401 

6th St POE/EHP Complaint follow up. Verbal warning for amplified outdoor speakers.

10/20/18 8:00 PM Stratos 358 Ocean NA Has temp permit until 12/2. Fixed place permit will be scheduled at hearing once we receive approval from Planning. Complaint follow up. Venue found to be in compliance.

10/26/18 9:00 PM Terroir   1116 Folsom NA Complaint follow up. Entertainment without permit. Operator is in touch with staff.

10/26/18 9:30 PM W Hotel 181 3rd POE Site inspection for Halloween event. In compliance.

10/27/18 12:15 AM Underground SF 424 Haight POE Complaint follow up. Site inspection found venue to be in compliance.

 

10/27/18 12:45 AM   Verso 1525 Mission POE Site inspection for Halloween event. In compliance.

10/27/18 1:30 AM Great Northern 119 Utah POE/EHP Site inspection for Halloween event. In compliance.

10/27/18 9:45 PM Barbarossa  

714 Montgomery POE Site inspection for Halloween event. In compliance.

10/27/18 10:30 PM    Pedro's Cantina 128 King OTE Site inspection for one time Halloween event. In compliance.

10/27/18 11:15 PM Roccapulco 3140 Mission POE Site inspection for Halloween event. In compliance.

10/28/18 12:00 AM Venue 550    550 15th St POE/EHP Site inspection for Halloween event. In compliance.

10/28/18 12:30 AM ATwater Tavern 295 Terry Francois   OTE Site inspection for one time Halloween event. In compliance.

10/28/18 1:00 PM   Westin St. Francis    335 Powell POE Site inspection for Halloween event. In compliance.

10/28/18 1:15 AM The Dorian 2001 Chestnut OTE Site inspection for one time Halloween event. In compliance.

10/28/18 4:00 AM   

Halcyon 314 11 St. POE/EHP Entertainment finished and establishment closed as of 4am.

                                                            

NOTICES OF VIOLATION                                              

10/20/18 1:17 AM Atlas 415 10th St NA Issued NOV for hosting entertainment without a permit.

 

10/26/18 11:30 PM El Trebol 3149 22nd St NA Issued NOV for open door. In process of permitting.

 

10/27/18 10:03 PM Palace of Spices 

169 Eddy NA Issued NOV for hosting entertainment without a permit.

                                                      

ADMINISTRATIVE CITATION                                                      

11/3/18 10:10 PM SPiN 690 Folsom   POE   Inspector Fiorentino issued a citation in follow up to an NOV for operating an outdoor amplified speaker.

                                                          

ONGOING COMPLAINTS                                              

Original:   Since last hearing:

11/14/16 Halcyon 314 11th St POE/EHP 10/27/18 @ 4:15am // 10/28/18 @ 3:00am // 10/29 @ 11:02pm - Inspector Fiorentino and Director Weiland are in touch with complainants and operator. Notice to appear being issued by Director Weiland responsive to President Bleiman's request.

9/29/17 Double Dutch 3192 16th St   POE 10/21/18 - Inspector Fiorentino is in touch with complainant.

7/15/18  Verdi Club  2424 Mariposa   POE  2 complaints on 10/21/18 regarding church service - Inspector Fiorentino is in touch with complainant and has completed updated sound test at permitted establishment.

9/25/18 Jones 620 Jones LLP 10/25/18 - Director Weiland and Inspector Burke are in touch with operator re: conditions of the existing LLP permit.

                                                      

INCIDENT/INVESTIGATION                                                     

11/3/18

Roccapulco 3140 Mission POE Ingleside Station Captain Jack Hart reported stabbing incident directly to Director Weiland re: Roccapulco. Suspect and victim were both promoters. Victim suffered minor puncture wound and was released from SFGH. Suspect was booked at County jail for aggravated assault. Currently under SFPD investigation until further action by EC + SFPD.

 

Public comment

 

Stefano Castellano stated it was important to exhaust all the resources because it did not sound like the situation was improving.   He added you have an owner of an establishment continually defends her position and then you people who live nearby who continually experience the chronic sound.   He added it was like a catch 22 where it gets exhausting. He added at some point if there were citations that continually come about for enforcement at some point it could go to the city attorney’s office for public nuisance. 

 

Kelly stated as far as far as police data they have made efforts in the past but have not received timely responses but understood that noise complaints were way down on the list that beat officers need to attend.  She added she was not sure if the data was, available but had made efforts to get CAD numbers. She added it was not very often that they got someone responding when the venue was still open and it was usually the following morning. 

 

5. Report from the Senior Analyst: Nothing to Report. [Discussion Item]

 

Nothing to report.

 

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 police comments were made.

 

7. Discussion led by SFPD Mission Station Captain Caltagirone and Lieutenant Canning regarding recent trends of evening entertainment providers, patrons and their interactions with Mission Police Station. [Discussion Item]

 

This item was moved to item No. 1 on the agenda. 

 

8. Commissioner Comments & Questions. [Announcements]

 

Vice Chair Caminong proposed that the commission have a discussion around using Next Door in terms of the feedback loop around how neighbors are discussing some of the venues how they could incorporate that into some of the issues.  

 

Executive Director Maggie Weiland said she would see what her access was to get that data. 

 

Chair Bleiman stated they could not be everywhere at once and they have incredibly limited resources for what they were doing. He added a great idea would be reoccurring events might utilize Next Door to spread the word on using the correct processes for lodging complaints with the Entertainment Commission. He added he did not want Inspector Burke to be checking 10 different apps.  He added it was good way to advertise the proper channels. 

 

Adjourned at 6:26 PM