ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, September 20, 2016
City Hall, Hearing Room 416
1 Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present
Bryant Tan
Audrey Joseph
Steven Lee
Al Perez
Liam Frost

STAFF           

Present
Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Sound Inspector, Sean Burke
Commission Aide, Crystal Stewart

CALL TO ORDER

Chair Bryant Tan called the meeting to order at 5:36PM.

ROLL CALL

Deputy Director Maggie Weiland called the Roll. 

Present at the meeting were Commissioners, Bryant Tan, Audrey Joseph, Steven Lee, Liam Frost, and Al Perez.

Absent at the time of roll call were: Dori Caminong and Laura Thomas

1. 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

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of August 16, 2016 Commission meeting. [Action item] 

Public comment

No public comment.

Commissioner Joseph moved to approve Commissioner Lee second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan
Noes - None
Commissioner Perez absent at time of vote.
Commissioner Perez arrived at 5:37PM

3. Report from Executive Director: (A) Legislative/Policy Update: Update on major improvements to outdoor amplified sound regulation via legislative change; Report on Resolution introduced by Supervisor Weiner re: LGBTQ Nightlife Task Force; Update by Dylan Rice on SFPD 10B reporting related to outdoor events and upcoming 10/3 Event Producer workshop; (B) Staff and Office Update:  nothing to report  (C)Corrective Actions: Nothing to Report  (D) Report from the Sound Inspectors: Jordan Pauley and Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

No public comment.

Inspector Pauley - Notes for EC meeting 9/20/16

INSPECTIONS:
9/17/2016 11:30 PM The W 181 3rd St.: Hotel hosted a party. Performed a walkthrough. In compliance.
9/17/2016 11:00 PM Novela 662 Mission St.: Performed a walkthrough. Well managed. In compliance.
9/9/2016 11:45 PM The Empire Room 555 Golden Gate Ave.: Performed a walkthrough. In compliance.
9/2/2016 9:45 PM Harper & Rye 1695 Polk St.: Performed a walkthrough with SFPD permit officer. In compliance.
9/2/2016 7:45 PM La Urbana 661 Divisadero St.: Performed a walkthrough with SFPD permit officer. PD received several noise complaints. 

COMPLIANCE:
9/17/2016 10:00 PM Public Works 161 Erie St.: Engaged venue and complaining neighbors in hopes that they could work together to solve noise issue. Sound test performed. Venue and complainant now working directly together.
9/14/2016 10:45 AM Mayes 1233 Polk St.: Talked to operator about issues with foot-traffic adjacent to venue.

COMPLAINTS:

9/18/2016 1:30 PM Playland 1351 Polk St.: Received a complaint about the venue. Performed several patrols in area on the night in question. Venue in compliance.
9/17/2016 10:20 PM Amnesia 853 Valencia St.: Talked to house manager about a random noise complaint. Issue resolved. In compliance.

INSPECTIONS:

9/17/2016 11:30 PM The W 181 3rd St.: Hotel hosted a party. Performed a walkthrough. In compliance.
9/17/2016 11:00 PM Novela 662 Mission St.: Performed a walkthrough. Well managed. In compliance.
9/9/2016 11:45 PM The Empire Room 555 Golden Gate Ave.: Performed a walkthrough. In compliance.
9/2/2016 9:45 PM Harper & Rye 1695 Polk St.: Performed a walkthrough with SFPD permit officer. In compliance.
9/2/2016 7:45 PM La Urbana 661 Divisadero St.: Performed a walkthrough with SFPD permit officer. PD received several noise complaints. 

COMPLIANCE:

9/17/2016 10:00 PM Public Works 161 Erie St.: Engaged venue and complaining neighbors in hopes that they could work together to solve noise issue. Sound test performed. Venue and complainant now working directly together.
9/14/2016 10:45 AM Mayes 1233 Polk St.: Talked to operator about issues with foot-traffic adjacent to venue.

COMPLAINTS:

9/18/2016 1:30 PM Playland 1351 Polk St.: Received a complaint about the venue. Performed several patrols in area on the night in question. Venue in compliance.
9/17/2016 10:20 PM Amnesia 853 Valencia St.: Talked to house manager about a random noise complaint. Issue resolved. In compliance.

Inspector Sean Burke reported the following:

Inspector Burke - Notes for EC meeting 9/20/16

NEW COMPLAINTS                       

8/18/16               Black Cat             317 Leavnworth   Vibrations in neighboring building.
8/26/16               The Village          969 Market          Shaking in apartment next door.
8/29/16               The Village          969 Market          Reports of "amplified sounds".
9/2/16                 Black Cat             317

Leavnworth   Excessive noise during and after business hours.

9/6/16                 F8                       1192 Folsom       Vibrations and windows shaking in neighboring building.

SOUND TESTS                   

9/4/16   11:30A  Monroe  473 Broadway    Ambient measurements taken on Sunday morning after event.
9/4/16   4:00P     Scopo Divino      2800 California  Passed initial sound test.

INSPECTIONS                   

8/26/16 9:30P     Old SF Mint         88 5th St.  New activation inspection.
8/26/16 11:15P   Modernist  139 Steuart         Complaint followup. No entertainment on premsis.
8/27/16 1:00A     The Village  969 Market  Discussed strategies to reduce sound escaping venue.

No public comment.

4. 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.

5. Residential Development Review Consent Calendar All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Entertainment Commission, and may 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. The following action is to adopt written comments and/or recommendations to be submitted to the Planning Department and/or Department of Building Inspection regarding noise issues for proposed residential projects per Chapter 116 of the Administrative Code. [Action Item]

Consent Agenda:

a) 1298 Howard St., Bl/Lot 3728/019, 024, 025, which is located within 300 feet of the Asia SF, which is a permitted Place of Entertainment.
b) 1631 Oakdale, Block/Lot 5322/032  which is located within 300 feet of the Bayview Opera House, a place of entertainment.
c) 1452 Broadway, Block/Lot 0572/013 which is located within 300 feet of Rouge
d)  Nightclub, a place of entertainment.
e) 975 Bryant St, Block/Lot 3780/044 which is located within 300 feet of the Gift Center, a place of entertainment

Commissioner Joseph moved to approve Commissioner Frost second the motion

Vote:
Yeas- Commissioner Perez, Commissioner Joseph, Commissioner Lee,
Commissioner Frost Commissioner Tan
Noes - None

6. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Action item] 
Regular Agenda:
 

EC-1376 – McGrath, Martina, 800 Larkin, 800 Larkin Street, Limited Live Performance Permit.

Deputy Director Maggie Weiland stated the first permit application this evening is for a Limited Live Performance permit for 800 Larkin, located at 800 Larkin Street in the Tenderloin. 800 Larkin is a bar that is looking to host happy hour DJ events until 10pm. The owner plans to invite local DJs to play and promote the Tenderloin neighborhood. As a part of her outreach efforts, the owner has received over 100 signatures of support for their application to become an LLP. She has also partnered with Larkin Street Homeless Youth Services, but I will let her tell you more about that. We have not received any letters of protest for this application. Tenderloin Station recommends approval with the Good Neighbor Policy, and adhering to their security plan as conditions. Here to tell you more is owner Martina McGrath.

Commissioner Joseph moved to approve Commissioner Frost second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan and Commissioner Perez
Noes - None

No public comment.

ECLSP-5382 Rinaldi, John, San Francisco Institute of Possibility, 111 Minna alley, Loud Speaker Permit, Saturday, October 1, 2016, 10PM-12AM.

Deputy Director Maggie Weiland stated the second application was a fixed place permit application of the evening is for a Limited Live Performance permit for Ocean Ale House located at 1314 Ocean Avenue. Ocean Ale House is a new neighborhood bar and restaurant that wants to host live music including local bands, open mics, jazz and Latin music, singer songwriters, and more. They plan to have live music two nights a week on average until 10pm. The owner has received over 75 signatures of support that you will see in your file along with a letter of support from Ocean Avenue Association. Taraval Station recommends approval with no conditions. Here to tell you more about Ocean Ale House is owner Miles Escobedo.

Commissioner Joseph moved to approve Commissioner Lee second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan and Commissioner Perez
Noes - None

EC-1381 – Escobedo, Miles, Ocean Ale House, 1314 Ocean Avenue, Limited Live Performance Permit.

Deputy Director Maggie Weiland stated the second fixed place permit application of the evening is for a Limited Live Performance permit for Ocean Ale House located at 1314 Ocean Avenue. Ocean Ale House is a new neighborhood bar and restaurant that wants to host live music including local bands, open mics, jazz and Latin music, singer songwriters, and more. They plan to have live music two nights a week on average until 10pm. The owner has received over 75 signatures of support that you will see in your file along with a letter of support from Ocean Avenue Association. Taraval Station recommends approval with no conditions. Here to tell you more about Ocean Ale House is owner Miles Escobedo.

Stefano Castalano stated he supports the venue.

Commissioner Lee moved to approve Commissioner Frost second the motion

EC-1382 – Loan, Phung, Kien Thanh Coffee Shop, 431 Eddy Street, Limited Live Performance Permit.

Commissioner Joseph moved to continue to the October 4, 2016 Commission meeting Commissioner Lee second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan and Commissioner Perez
Noes - None

Deputy Director Maggie Weiland stated the next permit application is for a Limited Live Performance permit for Kien Thanh Coffee Shop located at 431 Eddy Street in the Tenderloin. The owner and manager speak Vietnamese as their first language, so Tony Nguyen of the Southeast Asian Community

Center is here to interpret today. Kien Thanh is a Vietnamese coffee shop that wants to host karaoke in their space for patrons of the coffee shop. Kien Thanh first came to the Entertainment Commission’s attention through a 3-1-1 complaint. We have since received 4 complaints from the same neighbor living above the premises including a letter of protest that you will find in your file. Inspector Burke has been working with the premises on their sound levels. The complainant who wrote the letter in your file said that the sound has been somewhat improved since Inspector Burke began working with the coffee shop, but is still too loud, and complains that the amplified sound has gone past 10pm as well. The owners of the premises have received 4 signatures of support from other residents living above them that you will see in your file. Tenderloin Station disapproves this permit, and does not offer recommended conditions. They have not provided grounds for their disapproval. Please note that Southeast Asian Community Center helped translate our Good Neighbor Policy into Vietnamese, and I have provided this to the applicant. Here to tell you more about Kien Thanh is the manager, Sonny.

Public comment

Public speaker who is a neighbor who lives upstairs above the venue complained about noise.  He added the applicants lied and said they had a permit.  He added one neighbor moved to a higher floor and still heard the noise from the venue.

Commissioner Joseph moved to continue to the October 4, 2016 Commission meeting Commissioner Lee second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan and Commissioner Perez
Noes - None

Same house same call.

EC-1383 – Simpson, James, Old Bus Tavern, 3193 Mission Street, Limited Live Performance Permit.

Deputy Director Maggie Weiland stated the final permit application for this evening is for a Limited Live Performance permit for Old Bus Tavern located at 3193 Mission Street near Cesar Chavez. Old Bus Tavern is a bar, brewery, and restaurant that would like to have live music on Sundays, with the flexibility to expand to other days of the week. I have received 13 letters of support from local musicians who hope to be able to perform at Old Bus Tavern, as well as a few local businesses in support, and a letter of support from the president of Mission Bernal Merchant Association. I did not receive any letters of protest. Ingleside Station recommends approval with the Good Neighbor Policy as the only condition. Here to tell you more about Old Bus Tavern is owner James Simpson.

Public comment

No public comment was made.

Commissioner Joseph moved to approve Commissioner Lee second the motion

Vote:
Yeas- Commissioner Frost, Commissioner Lee, Commissioner Joseph
Commissioner Tan and Commissioner Perez
Noes - None

7.  Commissioner Comments & Questions. [Discussion item]

Chair Tan asked about the Entertainment Commission annual party and Retreat.

Executive Director Kane stated we would possibly have a holiday party.

8.  New Business Request for Future Agenda Items. [Discussion item] (This item is to allow Commissioners to introduce agenda items for future consideration).

No new agenda items were discussed.

Adjournment 7:04PM