ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, September 18, 2018
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

 
COMMISSIONERS

Present

Ben Bleiman
Bryant Tan
Dori Caminong
Laura Thomas
Al Perez
Steven Lee

STAFF 

Present

Executive Director, Maggie Weiland
Senior Sound Inspector, Sean Burke
Sound Inspector, Michael Fiorentino
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. 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of August 7, 2018 and September 7, 2018 Commission meetings. [Discussion and Possible Action Item]

Commissioner moved Thomas to approve Commissioner Caminong second the motion 

Vote:
Yeas - Commissioner Bleiman, Commissioner Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

3. Report from Executive Director: Legislative/Policy Update: Updates on AB 2020 and SB 905 - Pending Governor Decision; Staff and Office Update: Update on EC Executive Director Appointment & EC Sound Inspector onboarding; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Update on Suspension for Public Safety for dba Harlot, Place of Entertainment permit #EC-858 and Extended Hours Premises permit #EC-904, August 10-13, 2018. [Discussion Item]

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

NOTICES OF VIOLATION                                                            
8/25/18 11:42 PM Stratos 358 Ocean NA Operating without a permit. Applied for change in ownership POE, but working through planning issue. Has since obtained a temporary permit from EC.

9/8/18 11:10 PM Revolution Café 3248 22nd St   POE Violation of Good Neighbor Policy after verbal warning. Door was open during erformance.
                                                                       
CITATIONS                                                                     
8/10/18 11:08 PM Club Malibu 3395 Mission POE In excess of internal sound limit. Sound Ordinance Violation.
8/11/18 11:32 PM Underground SF 424 Haight POE Door open. Good Neighbor Policy Violation.                                                                  

NEW COMPLAINTS                                                                     
8/13/18 7:11 AM Asiento 2730 21st St POE "Plays loud music early in the morning every day" - Anonymous. Have emailed operator.

8/15/18 11:49 PM
El Trebol 3149 22nd St NA"el trebol bar playing loud music"- Anonymous. Staff has visited establishment. Operator has met with EC staff. We are working to permit them for entertainment and billiards.

8/26/18 1:01 AM HUE 447 Broadway POE "Illegally loud bass music coming from HUE nightclub" - Existing Complainant. Staff visited in real time. No entertainment upon arrival.
                                                                          
INSPECTIONS                                                                
8/31/18 8:00 PM Phonobar 370 Grove LLP Operator was instructed to keep doors and windows closed during entertainment as well as monitor patrons while they are gathered outside.
8/31/18 11:11 PM   Mezzanine  444 Jessie POE Sound level inspection after receiving complaint from hotel across alley. Found to be in compliance.

9/1/18 9:28 PM Rum & Sugar 823 Geary  POE  Verbal warning regarding Good Neighbor Policy violation for open door.

9/8/18 7:22 PM Ho's Bootleg Tavern 2360 Van Ness   LLP Intermittent complaint. Stopped in to check levels. Sound was at reasonable volume.

9/8/18 11:27 PM Cava 22, 3239 22nd St POE Verbal warning regarding Good Neighbor Policy violation for open door.

9/9/18 12:57 AM Oasis 298 11th St. POE spoke with operator about stage door being left open. Verbal warning issued. Next step will be Notice of Violation.

9/14/18 9:36 PM Loma Linda Taco Truck 2509 Bay Shore NA Hosting outdoor amplified karaoke without a permit. Issued verbal warning. Will monitor.

9/14/18 9:55 PM El Toro Nightclub 2470 San Bruno POE Complaint follow up. Door closed after speaking with operator.

9/14/18 10:34 PM Cava 22, 3239 22nd St POE Door open 2nd week in a row. Explained to operator that mariachi qualifies
as entertainment and door must be closed.
9/14/18 11:04 PM Lone Star Saloon 1354 Harrison POE Visited after speaking with neighbor about monthly event. Rear doors closed, front door draped. In compliance.

9/15/18 10:23 PM Seven Stills Brewing 1439 Egbert LLP One-time event permit issued for later close. Operator closed garage door upon request.

9/16/18 12:43 AM Junior 2545 24th St NA Real-time 311 complaint response. Operator closed door and stopped DJ upon learning that a complaint was received.

9/16/18 1:00 AM HUE 447 Broadway POE Following up on 311 complaint from last weekend. Entertainment finished upon arrival.
                                                           
SOUND TEST                                                                  

8/13/18 7:11 AM City Club 2919 16th St LLP APPROVED
        
ONGOING COMPLAINTS                                                            

Original:
                                                                  
Since last hearing:

6/2/18 Redford 675 Geary NA Complaint on 8/12. Operator has applied for permit.
7/6/18 Phonobar 360 Grove POE Complaint on 8/28 of music audible across street and patrons outside talking.

12/16/18 Great American Music Hall 850 O’Farrell POE No complaints since last hearing.

8/20/17 Bender's 806 S Van Ness POE 8/12 @ 12:14 AM - "Loud music, door constantly slamming."  8/18 @ 11:45 PM - "Loud music. Door slamming constantly." Last visit 9/15: In compliance.

11/14/16 Halcyon 314 11th St POE EHP No complaints since last hearing. Neighbors are in talks with operators' legal representation regarding upgraded windows at their property.

9/29/17 Double Dutch 3192 16th St POE No complaints since last hearing.

5. Report from the Senior Analyst: Dylan Rice shares updates on the SF Outdoor Event Planning & Permitting Guide and technical assistance services. [Discussion Item]

Senior Analyst Dylan Rice stated for the last fiscal year he served a total of 350 event producers, sf outdoors events networks 145 total occurrences of those 82 percentage was permitting questions the other 16% was about fostering, marketing fundraising.  He presented a presentation of the Events SF Outdoor Event Guide.  He added the goals to educate and empower event producers.   He added it was a step towards transparences and clarity.  He added he would do a survey 6 months from now.

Commissioner Tan congratulated Senior Analyst Dylan Rice on the completion of the San Francisco Outdoor Event Guide.  He suggested that he get Non-profit companies copies.

Commissioner Perez stated the guide will benefit both parties and educate applicants and streamline the process.

Chair Bleiman Congratulated Senior Analyst Dylan Rice on the completion of the San Francisco Outdoor Events Guide. 

No public comment.

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. [Discussion and Possible 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-1455 – 417 Stockton Street LLC, Mystic Room & Tavern, 417 Stockton St., Limited Live Performance Permit.

b) EC-1458 – Butner, Cestra, Speakeasy Ales & Lagers, 1195 Evans Ave., Limited Live Performance Permit.

No public comment.

Vote:
Yeas  - Commissioner Bleiman, Commissioner Dori Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

 
Regular Agenda:

c) EC-1352 – Collins, Stephen of GSW Arena LLC, Golden State Warriors Event Center, Blocks 29-32 Mission Bay South, Amendment to Conditional Place of Entertainment Permit.
Executive Director Maggie Weiland presented the time line for the Golden State Warriors Place of Entertainment permit.
GSW Arena, LLC (“Applicant”) is seeking an amendment to their conditional grant of approval for a Place of Entertainment permit for the Golden State Warriors Event Center (“Event Center”) to be located at Mission Bay Blocks 29-32.

Background

On November 10, 2015, the Entertainment Commission granted a conditional approval of a Place of Entertainment Permit for Golden State Warriors Event Center, and on December 9, 2015, the San Francisco Board of Appeals upheld the Conditional Permit.  On July 17, 2018, GSW Arena, LLC submitted an application for an amendment to their Conditional Permit. The “GSW Premises” encompass Blocks 29-32 in Mission Bay South and includes, among other things, an event center (GSW Event Center) which will host approximately 60 basketballs games and approximately 160 non-basketball events per year. GSW Premises also includes a plaza located between the Event Center and the gatehouse building and office buildings on the Third Street side of the site (the “Third Street Plaza”) that will host other events and serve as a gathering space, as well as a “Videoboard” to be located on the eastern façade of the GSW Event Center facing the Third Street Plaza. The purpose of this amendment is to include the use of outdoor amplified sound in connection with events and programming occurring outside of the Event Center building, which programming may or may not be in conjunction with an event occurring inside the Event Center.

POE Amendment Application
As you will find in your materials, the Conditional Permit holder proposes to use the outdoor space for both Special Events and Non-Special Events. GSW proposed to use the outdoor space for no more than fifteen (15) Special Events per year, meaning events in the Third Street Plaza or on the GSW Premises, including but not limited to movie nights to be displayed on the Videoboard. GSW also anticipates that the GSW Premises will also use outdoor amplified sound throughout the year for Non-Special Events including sound accompanying the display of messages, music and video relating to current or upcoming events on the Videoboard, music or public address in connection with ambient background music or programmed events on the GSW Premises, such as harvest festivals, and public announcements.  GSW has submitted a Noise Control Plan for Outdoor Amplified Sound for both Special and Non-Special Events attached as a new Exhibit D in your files. GSW proposes that for all Special Events, amplification levels generally shall be established so that noise limits shall be no more than 8 dBA/dBC over ambient at 250 feet from the property lines of the GSW Premises and off-site at the nearest sensitive receptor or residential use. The times for these amplification levels for fourteen (14) of the fifteen (15) Special Events shall require amplified sound to end by 11 p.m. and for one (1) of the fifteen (15) Special Events shall require amplified sound to end by 1 a.m. For all Non-Special Events, amplification levels generally shall be established such that noise limits at the property lines of the GSW Premises shall be no more than 8 dBA/dBC over ambient using the L90 calculation.  Additionally, at 250 feet from the property line the noise limits for Non-Special Events shall be no more than 0 dBA/dBC over ambient (which are defined in this amendment to EC-1352 as “not audible”).  The times for these amplification levels for Non-Special Events shall be from 7:00 am to the later of 10:00 pm or 45-minutes after the conclusion of a Warriors home game.

On July 17, 2018, Commission staff sent the Amendment to Conditional Place of Entertainment Permit Application and information regarding the scheduled hearing to the San Francisco Police Department (“SFPD”), along with a request for their recommendation on the application.  Recommended Police Conditions #1-8 from Southern Station are attached as the final page in your files, as well as included in the Draft Resolution at the front of your packets, and have been agreed to by the Conditional Permit Holder.

Public Outreach
Over the course of a planning and approval process over the past several years, the Conditional Permit Holder has held or participated in over 50 meetings with members of the public and various interested stakeholders regarding the proposed Event Center and Mixed Use Development Project. A summary of public outreach was included in the original POE permit application documents, and as you can see in the amendment application materials, GSW did further outreach for their amendment. There are several letters of support in the file from surrounding neighbors and associations, as well as a letter of note from UCSF. GSW worked very closely with USCF regarding their proposal for outdoor amplified sound in order to mitigate any concerns from UCSF, and in turn, revised their Noise Control Plan per UCSF’s comments. As stated in their letter, UCSF is not opposed to this application.

Entertainment Commission Draft Resolution
At its September 18th hearing, the Entertainment Commission will consider adopting a resolution, for which the verbiage is laid out in its entirety at the very front of your packets, reaffirming (1) adopting environmental findings under the California Environmental Quality Act (CEQA), and (2) granting an amendment to the Conditional Place of Entertainment Permit to GSW Arena, LLC for the Golden State Warriors Event Center at Mission Bay South Redevelopment Project Area Blocks 29-32.
Chief Operating Officer of GSW Arena, LLC, Stephen Collins, is representing the project and is here to discuss the amendment in further detail with the Commission.

Stephen Collins spoke on item for Warriors and showed a presentation discussed Main Noise control measures, Public outreach.

Commissioner Lee asked how they planned to advertise the phone number for noise complaints and where the calls would go to.

Stephen Collins stated it would be on the Chase Center website and there is an online app and notification would be sent out to the public. He added there would be a security command center phone that rings directly to each events. 

Public comment

Bruce Sagon supported the Warriors permit adding amplified sound.  He thought it was a thoughtful approach that balanced the needs and quality of life for the neighborhood and the greater community.
 
Doug Wong supports the Golden State Warriors Permit.

Stefano Castellano supports the Golden State Warriors Permit.

Antonio supports permit application.

Public comment closed.

Commissioner Tan moved to approved to adopt the environmental findings and conditionally grant a Place of Entertainment
Permit to the Golden State Warriors Event Center at Mission Bay Redevelopment Projects Blocks 29-32 South Commissioner Perez second the motion.

Vote:
Yeas - Commissioner Bleiman, Commissioner Dori Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

d) EC-1454 – Li, Wesley, Paramount Superstars, 939 Clement St., Limited Live Performance Permit.

Stefano spoke on behalf of the applicant.

Wesley Li stated it has always been his dream to own a venue for music lovers.

Public comment

Ron Lee stated he was a native of San Francisco and supports the venue.

Ken Wong a singer supports permit application.

Dog Wong supports permit application affordable

Edgar Deleoung supports permit application.

Public comment closed.

Commissioner Lee moved to approve Commissioner Caminong second the motion
Vote:
Yeas -  Commissioner Bleiman, Commissioner Dori Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

e) EC-1457 – White, Josephine Margaret and Kevin Adams Cline, Rock Bar, 80 29th St., Limited Live Performance Permit.

Kevin Adams spoke on the permit he added the neighborhood bar has been on the corner for 6 years.  He added he has conducted community outreach handed out letters and held a happy hour for neighbors and DJ’s until 10PM. 

Commissioner Perez – Asked who would be managing the sound since musicians would bring their own sound equipment.

Commissioner Caminong state she enjoyed the restaurant and asked how the happy hour event went.

Josephine stated it was not a big turnout but those who came were in support.

Commissioner Tan asked if the applicant had signage for patrons to keep their voices down.
Commissioner Lee asked was there a doorman to control the crowd or people talking loud.

Public comment

Eden Stein she added she lives on the block and supports the venue and is business owner in the neighborhood.  She added she was in support of the venue.

Commissioner Perez moved to approve Commissioner Lee
Vote:
Yeas - Commissioner Bleiman, Commissioner Dori Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

f) EC-1459 – 250 Fourth Development, L.P., Virgin Hotels San Francisco, 250 4th St., Place of Entertainment Permit.

Commissioner Lee moved to approve all condition planning Commissioner Caminong
second the motion

Vote:
Yeas - Commissioner Bleiman, Commissioner Dori Caminong, Commissioner Lee Commissioner Perez, Commissioner Tan & Commissioner Thomas
Noes - None

g) EC-1460 – Linsangan, Alicia Jolene, Jolene’s, 2700 16th St., Place of Entertainment & Billiard Parlor Permits.

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]

Attorney Robert Bloom stated for 15 months there has been a limitation on Bennett Montoya.  He added there were no issues until Captain Lazar and feels it was it was due to racism.  He added there has been a finding of selective prosecutions and there were three defendants the City of SF, Captain Lazar and Officer Matthias.  He added the mechanism that was used by Captain Lazar was manned police cars parked near the venue.   He added there has been extreme racism on the part of SFPD and false documents.  Only 41/2 out of 52 complaints could be validated and was part of the ABC appeals board. He added the commission decided to devastate the business of Montoya based on fraudulent reports.     He added Benet Montoya has given the Mr. & Mrs. Diamond the phone numbers for noise complaints.  He added Article 29 states there are repeat complainers and sound was not an issued.  He added on May 29th there was an incident involving a gunshot Mr. Montoya called the police.    He added the photos that Officer Matthias sent had nothing to do with the venue and anyone who may have been a customer was involve.  He added they could not hold the owner accountable for someone’s actions outside the venue.   He added if there is going to be some action it should be against the police department. 

Benet Montoya added he was tired of the lies and the false reports that have been presented. He stated the violations the ABC stated the SFPD was targeting his business.  He added roughly presented to the EC.   He asked why has the Entertainment Commission hadn’t come out to run inspections and sound test on his venue.  He added he was tired and frustrated of what this has done to him and his family.

Commissioner Tan asked what he was asking for today.  He added the most recent conditions were the issues of security wasn’t the tightest and the commission’s concerns were with him operating a safely run venue.

Bennet Montoya wanted to reinstate his conditions.

Commissioner Tan asked how he insured that weapons don’t come into his venue.  He added the commissioner want to

Bennet Montoya stated they do pat downs.

Commissioner Lee stated he did not state his case on cad reports.  He saw the video and he saw a poor security plan.  He added his own opinion was he would getting patrons out safely.

Bennet Montoya stated they have complied with the sound levels.  He added they have not had an actual test since 2008. He added he was presented with a piece of paper and he appealed in December 2017.

Director Maggie Weiland stated she did not receive the appeals paperwork.

Chair Bleiman stated he saw a compelling video of violence and he wants to have a level of trust that the operator was taking violations seriously.  He saw a series of broken promises from neighbors.

Steve Matthias stated he would not respond to the accusations.  He added he was present to talk about the conditions and the video.  He added there has been one video from May 27th a major Hue related fight were a man was being assaulted on Broadway.

Recess @ 8:24PM

Reconvened @ 8:31PM

Officer Steve Matthias showed video incidents near Hue nightclub and fight in convenience store.

Commissioner Lee stated he could see there was an issue with security after watching the video.

Commissioner Lee asked if Mr. Windsor was still head of security.  He added why they did not wear security shirts or uniforms to identify them as security.

Vice Chair Caminong stated could they state on record who security was.

Bennett Montoya stated who would have been there on the night of the incident. 

Commissioner Tan asked what the protocol was when shots are fired.

Bennett Montoya stated the protocol was to call the police which he did.

Commissioner Tan asked why there was a discrepancy of security.

Public comment

Andrew Diamond stated he moved their prior to Hue but there were always issues he added he did reach out to Bennett and he has been responsive. He added it impacts the whole community and the conditions of keeping the noise levels was good.

Kyle owns business next to Hue he added none of the business combined had the problems of Hue.  He added that none of the security has uniforms and the applicant was lying. 

Francesca Valdez owns and operates Broadway studios and feels that Bennett Montoya
License is should be revoked.

He added the issues that got them to the point was not just the sound.  He added correspondence has not approved.   He added it has been quieter around Hue because the conditions were in place.   He wants to reiterate to keep the conditions.

Chair Bleiman asked if he did an investigation of the patrons in the video.

Commissioner Lee stated all security should have identification.  He added has there been any incidents since this incident.   He added he would not have went across the street based on insurance would not cover the footage. 

Commissioner Caminong stated that Supervisor Peskin did submit a letter regarding public safety in his neighborhood.

Chair Bleiman stated the some of the behavior has changed.  He added he was disturbed by the manager’s involvement.   He added the ID were effective enough.  He added he was open to amending to some of the hour restrictions, he added he would like to see the operators and residents reach out to each other and work together. 

Commissioner Tan stated that he did see progress.

Commissioner Perez stated he had concerns as a neighborhood representative.

Commissioner Tan moved to amend the conditions on Hues Place of Entertainment Permit to hours of operation to entertainment are limited to 12AM Sunday’s to Tuesdays and 1AM Wednesday’s to Saturday’s and all other conditions would remain the same with a 6 month look back hearing review March 19, 2019
Commissioner Bleiman second the motion

Vote:
Yeas - Commissioner Bleiman, Commissioner Lee Commissioner Tan & Commissioner Thomas
Noes - Commissioner Camino and Commissioner Perez

9. Commissioner Comments & Questions. [Announcements]

ADJOURNMENT the meeting in honor of Slims at 9:43 PM