ENTERTAINMENT COMMISSION

City and County of San Francisco

 

ACTION HEARING MINUTES OF THE 

Tuesday, October 2, 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 5:32PM.

 

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.  

 

Cammy Blackstone representing the Graffiti advisory Board stated graffiti was a problem for our city but particularly the nightlife industry.  She added there was a big conference coming October 17, 2018 at the public library that the Graffiti Advisory Board and Public Works was putting on called the Zero Graffiti Smart Solution Conference from 12PM-4PM.  She added the every year the City of San Francisco spends 20 million dollars abating graffiti on public property She asked the Entertainment Commission could get the word out to the nightlife industry.  

 

Public comment is closed. 

 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of September 18, 2018 Commission meetings. [Discussion and Possible Action Item]

 

Public comment – 

 

Commissioner Tan moved to approve Commissioner Caminong second the motion

 

Vote: 

Yeas - Commissioner Perez, Commissioner Caminong, Commissioner Thomas, Commissioner Bleiman, Commissioner Tan and Commissioner Lee

Abstain - Commissioner Falzon

 

3. Report from Executive Director: Legislative/Policy Update: Updates on AB 2020 and SB 905 - Pending Governor Decision; Staff and Office Update: Mayoral Appointment of Lt. Dave Falzon to Law Enforcement Seat of the Entertainment Commission; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Nothing to Report. [Discussion Item]

 

Dylan Rice reporting on the AB 2020 and SB 905 announced that AB 2020 was signed by Governor Brown last Wednesday the bill authorizes the state of California to create temporary event licenses to be held at any location that is approved by a local municipality to have cannabis consumption distribution activity.  He added it goes into effect January 21, 2019.  He added the Cannabis Bureau will issue the license based on local jurisdictional approval and will be the regulatory body. 

 

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

 

NEW COMPLAINTS                                                                      

9/23/18 6:36 PM SoMa StrEat Food Park 428 11th St., LLP Complainant states that music can be heard in their residence. Inspectors are in touch with complainant and have encouraged them to contact EC directly next time they are disturbed by an event at this location.

 

9/24/18 9:18 PM Regency Ballroom 1300 Van Ness POE Complaint regarding bus generator noise. Inspectors are in touch with complainant and have encouraged them to contact EC directly next time there is an issue.

 

9/26/18 9:52 PM 

Canessa Gallery 708 Montgomery NA Concerned neighbor states that gallery is hosting entertainment without permit. Operator has been emailed and staff is awaiting reply. Will visit if no response.

 

9/25 & 9/27 

Jones 620 Jones POE Complaints regarding one-off corporate events during Dreamforce. Spoke with owner. They will be working directly with complainants to address concerns. 

                                                                           

INSPECTIONS                                                                 

9/21/18 7:30 PM

Schroeder's 240 Front OTE Annual outdoor Oktoberfest event featuring live band on Front St. Ended prior to 8pm and was inaudible from 250 feet as per conditions.

 

9/21/18 9:30 PM

Annunciation Cathedral 

245 Valencia OTE Annual event featuring live band in courtyard. Inaudible from 250 feet as per condition.

 

9/28/18 8:00 PM

Poc-Chuc 2886 16th St NA Inspection after receiving email from customer that business hosts entertainment. PA, but no active entertainment. Will work towards bringing establishment into compliance.

 

9/28/18 10:00 PM Old Devil Moon 3472 Mission NA  Inspection after receiving complaint from neighbor customer that business hosts entertainment and leaves door open. Advertising weekly event, but no active entertainment. Will work towards bringing establishment into compliance.

 

9/28/18 11:30 PM St. Joseph's Church 1401 Howard NA Inspection after hearing amplified music with doors open. Private event with DJ. Spoke with owner of building. They will be sure to reach out prior to next event for permit.

 

9/29/18 8:00 PM University Club 800 Powell NA Inspection after receipt of complaint. Doors were closed to balcony upon request and overall volume was reduced. Complainant stated that sound levels were reduced. Will speak with management about permitting process.

9/29/18 10:00 PM Bar Nua 561 Columbus NA Inspection after receipt of complaint. Door was open with DJ performing. Spoke with management about permitting process and had them close door.                             

                                                                                                                                                

MAJOR EVENTS                                                              

September 20, 2018 Zac Brown Band / Eagles AT&T Park OTE 8 complaints received

September 21, 2018 Journey / Def Leppard AT&T Park OTE 10 complaints received September 26, 2018 Metallica / Dreamforce Civic Center OTE 30 complaints received

September 30, 2018 Folsom Street Fair SoMa OTE 1 complaint received regarding soundcheck on 9/30.

                                                                           

ONGOING COMPLAINTS                                                             

Original:                                                                          Since last hearing:

6/2/18 Redford 675 Geary NA No complaints since last hearing.

7/6/18 Phonobar 360 Grove LLP No complaints since last hearing.

8/20/17 Bender's 806 S Van Ness POE No complaints since last hearing.

11/14/16 Halcyon 314 11th St POE EHP Complaint of very loud bass on 9/18 @ 3:05am & 4:00am // loud bass on 9/30 @ 1:05am 9/29/17 Double Dutch 3192 16th St POE  Performed sound inspection on 9/28 and worked with management to lower bass.

8/15/18 El Trebol 3149 22nd St NA Complaints on 9/21 & 9/22. Operator is attempting to work through Planning Department issue prior to permitting.

 

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. 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. [Action Item]

 

Regular Agenda:

 

1300 Columbus Avenue, Bl/Lot: 0023/005, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed hotel project at 1300 Columbus Avenue, which is located within 300 feet of The Roc SF, Fiddler’s Green, SF Marriott Fisherman’s Wharf, all permitted Places of Entertainment.

 

Matt S. with Access GFA Design stated they were designing the hotel at 1300 Columbus and presented a slide show presentation outlining the design plans. 

 

Zaki Farid owner of the Redford Lounge near the proposed project supports the project and feels it will be a good addition to the neighborhood. 

 

Public comment.

No public comment was made.  

 

Commissioner Tan moved to approve the project with the standard conditions to the Planning Department Commissioner Caminong second the motion

Vote: 

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

 

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

 

Regular Agenda:

 

a) ECOTE-18-294 – Katz, Justin of Burning Man Project, 19th Annual Burning Man Decompression, Potrero Power Station, 420 23rd Street, amplified sound from 2pm-12am, One Time Outdoor Entertainment Event Permit.

 

Justin Katz presented the project to the Commission and their new location at the Potrero Power Station requesting a 12AM end time for amplified sound. He added they have done extensive neighborhood outreach with a flyer and main contact.

 

Steven Raspa stated the information has been shared with the Dogpatch Neighborhood Association and they submitted a letter of support.   

 

Commissioner Tan asked how they found the new location.

 

Steven Raspa stated Jocelyn Kane previously with the Entertainment Commission was kind enough in having conversation about looking for a long-term home where they might move Decompression and suggested they keep an eye on the property and speak with the developers.  He added it was in part through support of the Entertainment Commission and recognize her efforts and her helping them scout possible locations.   He added it was a good fit and the neighborhood was happy to have them. 

 

Public comment 

No public comment was made. 

 

Commissioner Tan moved to approve with SFPD conditions Commissioner Caminong second the motion

 

Vote: 

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

 

b) EC-1456 – Hamer, Richard and Katrina Parlato of Ry & Ric LLC, Papi Rico, 544 Castro Street, Limited Live Performance Permit.

 

Richard Hamer stated they were apply for the permit to provide acts to the LGBT community in the Castro to bring back some of the liveliness to the Castro.  He added they closed on the dot at 10PM and in addition they have worked with the landlord when there were complaints and have added double paned windows to eliminate some of the sound including sound proof curtains.   He added they have quarterly meeting with the tenants in the building with open dialog.  He added they have his cell phone.  

 

Chair Bleiman stated they have some new sound proofing windows that attach magnetically and can be removed by pulling on them.  He added it was a fairly easy construction and they were significally less expensive than double paned windows and are easier to install and the sound rating is significally higher and encouraged him to talk to the landlord. 

 

Richard Hamer stated they had numerous discussions he added there were four other places over 14 years and the neighbors caused them all to close their business.   He added they have bent over backwards to have an open dialog with the neighbors. 

 

Commissioner Lee stated as long as he was addressing the neighbors and being courtesy.  He added live entertainment in bars was saving a lot of the places.   

 

Public comment 

No public comment was made. 

 

Commissioner Tan moved to approve with the Good Neighbor Policy Commissioner Perez second the motion

Vote: 

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

c) EC-1461 – Samek, Alex of SF Hotel Master Tenant, LLC, San Francisco Proper Hotel, 1100 Market Street, Place of Entertainment Permit.

 

Alex Samek the developer of the San Francisco Proper Hotel and Operator presented slide show presentation of the venue.  He added there was a lot of information in their packet with respect to the business operation.   He added they were asking for a POE to go until 2:00 AM on the outdoor patio. He added he has done neighborhood outreach and the community has been supportive of what they were doing. 

 

Commissioner Lee stated he frequents the venue and was happy to see they control the amount of people on the rooftop.  He added when he received his permit where was he going to put the entertainment and would he change his policy on bottle service.   He added it was a plus how the development has changed the building. 

 

Alex Samek stated he did not think they would ever have bottle service where it’s coming out with firecrackers and sparklers.  He added they have talked about large format crafted cocktails and a cart service. 

He added in terms of entertainment they will have a DJ booth with three speakers placed outside and inside faced away from residential buildings around them.  

 

Vice Chair Caminong stated she has been to the venue as well and thinks they are a beautiful addition to the neighborhood.  She added she worked in the Tenderloin for over 12 years and she also worked on Market and 1oth.  She added it was nice to see how they have routed their traffic on the McAlister entrance and glad they were present to get their permit.

 

Commissioner Tan asked was there an ability for people to rent out their space and would they be allowed to bring in their own speakers.

 

Alex Samek stated they have had buyouts in the past for Salesforce and did not have any complaints.  H added up until now everyone has used their equipment but would like to be open to them brining their own speakers and to make sure they monitor the levels so they are not disturbing guest or residences around them 

 

Commissioner Tan stated the concern with hotels and entertainment outdoors and promoters.  He added he was happy to see entertainment there but wanted to make sure he had the right attitude to make sure 

they did not disturb the neighbors. 

 

Alex Samek stated they have turned down promoters for lack of control.

 

Commissioner Thomas asked would he be providing entertainment until 2AM.

 

Alex Samek stated they would like to go until 2AM to have that flexibility.

 

Commissioner Perez asked what was the policy and procedure to address complaints.    

 

Alex Samek stated there is a manager to address sound complaints.

 

Commissioner Falzon asked what the Police recommendations were. 

 

Executive Director Maggie Weiland stated Officer Robert Royer’s recommended approval with no conditions. 

 

Public comment

 

Stefano Castellano stated for this operation to come in and pour in millions of dollars and show commitment and try to make something really special and that fact that the commissioner went to the venue was because they heard a good buzz that the place was special.  

 

Public comment closed. 

 

Commissioner Lee moved to approve with the police conditions and Commissioner Tan’s recommendations to submit a monthly calendar of events to the Director Commissioner Caminong second the motion

Vote: 

 

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

 

d) EC-1462 – Farid, Zaki of Bona Fide Group LLC, Redford Lounge, 673 Geary Street, Place of Entertainment Permit.

 

Mark Rennie stated he was representing the applicant who was currently purchasing the Redford Lounge on lower Nob Hill.  He added the Redford has been at the location for eight years with no noise complaints he was aware of.  He added the applicant wants to have a restaurant lounge with American food, quality drinks, entertainment would be chill lounge music for people to sit down and talk to each other.   He added they met with Michael Nulty from the Alliance for a Better District 6 and he was in favor of the permit.  He added will be a great project. 

 

Chair Bleiman asked was the outdoor speaker important. 

 

Zaki Farid stated the outdoor speaker was previously at the location.  He added the speaker has not been on and they would have it removed. 

Commissioner Lee asked where he planned to put the entertainment. 

 

Zaki Farid stated they planned to put the entertainment towards the back of the venue. 

 

Officer Steve Matthias recommends approval with the condition of LEAD security training and removal of the speaker. 

 

Commissioner Falzon offered a friendly adjustment instead of having the condition of the removal of the speaker because once he removes it the condition would not be very relevant.   He added the condition shall read there should not be any exterior speakers and if their business planned changed they could come back to the commission to remove it. 

 

Commissioner Caminong moved to approve with Commissioner Falzon’s friendly amendment the police conditions there should not be any exterior speakers Commissioner Falzon second the motion

 

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

 

8. Commissioner Comments & Questions. [Announcements]

 

Commissioner Perez welcome Commissioner Lt. Dave Falzon to the Entertainment Commission and was a great addition to the commission.  

Commissioner Lee welcomed Lt. Dave Falzon to the Entertainment Commission and was glad to have him on the commission. 

 

Executive Maggie Weiland asked the commissioners to mark their calendars for the   Entertainment Commission’s holiday party on Monday December 10, 2018.

 

Commissioner Thomas stated the Governor vetoed another bill she worked very hard on was assembly bill 186 that would have allowed San Francisco to authorize prevention sites.   She added it was relevant to the Entertainment Commission in terms of what they have heard about the mid-market area and the public drug use.  

 

ADJOURNMENT 7:30PM