Entertainment Commission    

City and County of San Francisco
Draft Meeting Minutes

 

Room 416, City Hall

1 Dr. Carlton B. Goodlett Place

San Francisco, CA. 94102

 

Tuesday, April 16, 2019,

5:30 P.M.

Regular Meeting

COMMISSIONERS PRESENT:  Dori Caminong (Vice President), Bryant Tan, Steven Lee, Al Perez, Laura Thomas, Dave Falzon.

 

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT CAMIONG AT 5:36 PM

 

STAFF IN ATTENDANCE: Executive Director, Maggie Weiland; Deputy Director, Kaitlyn Azevedo; Senior Analyst, Dylan Rice; Commission Aide Crystal Kennedy

COMMISSIONER ABSENCE: Ben Bleiman
 

SPEAKER KEY:      

 

+ indicates a speaker in support of an item;

-  indicates a speaker in opposition of an item; and

= indicates a neutral speaker or a speaker who did not indicate support or opposition

 

CALL TO ORDER AND ROLL CALL       

 

1. General Public Comment - No 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 the April 2, 2019 Commission meeting. [Discussion and Possible Action Item]

SPEAKERS:   None

MOTION: Commissioner Falzon moved to approve the April 2, 2019 minutes, Commissioner Tan second the motion.

ACTION: Approved Minutes for April 2, 2019

AYES: Commissioner Caminong, Commissioner Tan, Commissioner Lee, Commissioner Falzon

NAYS: None

ABSENT AT THE TIME OF THE VOTE: Al Perez, Laura Thomas

ABESENT: BEN BLEIMAN

 

3. Report from Executive Director: Legislative/Policy Update: nothing to report; Staff and Office Update: Update on the Entertainment Commission staff’s move to the new building at 49 South Van Ness in 2020 including an update of our digitization project and work with the Digital Services team to streamline our online permitting process; Update on Board of Appeals Actions: nothing to report; Corrective Actions: nothing to report. [Discussion Item]
 

= Director Maggie Weiland gave the Commission a brief update about on the Entertainment Commission staff’s move to the new building at 49 South Van Ness in 2020. She also gave an update of the Entertainment Commission’s digitization project and work with the Digital Services team to streamline the online permitting process. Storage space will be limited at the new location so they are looking at ways to digitize permitting for the public.
 

= Senior Analyst, Dylan Rice reported on the Digital Service work and the new online permit application process for the One Time Outdoor Events in line with the City’s effort to streamline the permit process and improve customer experience. The goal is to make all of the permit applications completely digital.   There is a new application portal for the One Time Outdoor Events using Screendoor software program that makes the process digital from end to end for both the applicant and the Entertainment Commission staff.   There will be a huge improvement in what is currently being used by staff, and will allow staff to view all the application in data cloud and receive updates automatically when there has been an action.   They have beta-tested the new portal with producers and have been making refinements to the application, and are on track to launch it on the Entertainment Commission’s website on April 30, 2019.   Also in the works is the transition of the EC website to a clearer more navigable platform for providing services for the City.  This will make it easier for customers to find the services they need, get permits, and follow the law.  He will report back to the commission to let them know how things are going.

= Executive Director Maggie Weiland stated another huge piece of the puzzle in terms of moving to an entirely new space with all the other permitting agencies in that space is the
need to digitize all of our paper files. She added we were approved within the Entertainment Commission’s budget and will utilize salary savings for this digitization project, and will be contracting B.M.I. to scan all of Entertainment Commission’s permit documents.   She introduced Aaron Ogden from OnBase to discuss the functionality.

SPEAKERS = Aaron Ogden, OnBase

= Aaron Ogden stated he was the provider that worked for OnBase. One of the nice things the City has with the contract is to be able to leverage all the investments that they've already made in that software, which is going to ultimately store all the files that get scanned, and has a lot of capabilities beyond that to help facilitate management of those digitized files to allow inspectors to go out in the field, to access everything on the go so everything is digitized, and less storage space.

= Vice President Caminong asked when is the rollout for the new website and is there a timeline on the other permit applications to go digital.

= Senior Analyst, Dylan Rice stated rollout for the website would possibly be May 2019.

= Commissioner Tan asked what the timeline on hiring a new Senior Sound Inspector is.

= Director Maggie Weiland stated the position is an 1844 classification and has a 36 month term, but the person could apply for full time civil servant position after the 36 months. The hiring process will be a little faster than normal and there are six applicants who have applied, and interviews will happen in the coming weeks. She added the position would be slightly different than the previous and the goal is to have someone hired would by the end of May.

4. Report from Deputy Director: Deputy Director Kaitlyn Azevedo reports on recent venue inspections and activities. [Discussion Item]

Speakers:

= Deputy Director Kaitlyn Azevedo gave the enforcement report.

 NEW COMPLAINTS

 

Thurs 4/4/2019  10:38PM	Arena SF	2565 MISSION ST	POE	Huge crowd and lots of noise on Thursday at 10pm. ACTION: Inspector Fiorentino went to Arena SF and spoke with Management.
Fri 4/5/2019  10:29PM	Arena SF	2565 MISSION ST	POE	Excessive noise and loitering outside of arena SF. ACTION: Inspector Fiorentino went to Arena SF and checked on operations based on the previous night's visit. Sidewalks were clear. Director Weiland and Deputy Director Azevedo met with the owner, manager, and their attorney regarding new security plan. Worked with Arena SF staff and SFPD Mission Station Permit Officer Emanuel to ensure security plan was sufficient.
Sun 4/7/2019  12:25AM	El Toro	2470 SAN BRUNO AVE	POE	Every weekend they play music at an exceptionally loud level. I can hear it from my home w earplugs, over 100 feet away. I had filed a complaint about 2 years ago with your agency. An agent named Sean was assigned to my case, did a great job responding to me and measuring their noise levels, determining they were excessive and giving them a warning. The noise died down for many months but recently resurfaced. Haven't been able to get in contact with Sean.                         ACTION: Inspector Fiorentino responded to 311 complaint and took sound measurement. Found them to be operating above their sound limit; issued verbal warning by asking manager to turn volume down. The brass band playing was still loud with PA off.
Wed 4/10/2019  6:50PM	Oracle Park Lot A - Google Event: Gwen Stefani	1245 3RD ST	OTE	Very Loud noise from live event in parking lot on 3rd and Mission Rock St. ACTION: Director Weiland sent complaints to event manager for their response.
Wed 4/10/2019  8:54PM	Oracle Park Lot A - Google Event: Gwen Stefani	Intersection of 3RD ST and CHANNEL	OTE	Several twitter customers complaining about the noise levels at a Google Event at Lot A.  SFPD advised and was told to file complaint with the entertainment commission. ACTION: Director Weiland sent complaints to event manager for their response.
Wed 4/10/2019	Oracle Park Lot A - Google Event: Gwen Stefani	Next Door Comment		“@Kaitlyn Azevedo— sorry but that number is useless. I called twice last time during the Google event, not because of the volume but because of the base levels. It was literally making our walls vibrate and giving all of us massive headaches. Both times your staff members dismissed our complaints and the second time we called, the woman laughed at us.” ACTION: Director Weiland sent complaints to event manager for their response.
Wed 4/10/19	Oracle Park Lot A - Google Event: Gwen Stefani	Next Door Comment		“On the day of the event, we will have staff positioned throughout the surrounding neighborhoods with decibel readers. Our staff in the surrounding neighborhoods will have direct contact with our staff maintaining the sound complaint hotline, so that we can directly address any issues or complaints that arise.” Yea, right.” ACTION: Director Weiland sent complaints to event manager for their response.
Wed 4/10/2019  11:16PM	Phonobar	360 GROVE ST	POE	Music volume (db, decibels) is for a second week LOUD, and excessive for 11:00PM at night. First request to owner was sent to him at 10:07PM. Music has not diminished in intensity, and sidewalk patrons have continued to (also) create noise. 11:11 PM no reply from Phonobar owner (Chuck - 415-341-3757). Second week in a row for this noise problem, and some nights occurring until 2:00AM. ACTION: Inspector Fiorentino visited venue to check on operations and compliance. Issued an NOV after taking sound reading and measuring 91dBA/106dBC (sound limit is 83dBA/93dBC).
SAT 4/13/2019 1:00AM	SF Giants – post game fire work show	Oracle Park	NA	On Friday night, the Giants game went to the 18th inning and ended at 12:50am. The post-game firework show started after 1 am and lasted about 15 minutes. We received 69 complaints from 311, 17 emails, and 2 voicemails. Director Weiland worked with the SF Giants, and contacted the complainants who left an email address with a statement she drafted alongside the SF Giants. She also shared that the EC does not regulate baseball games or firework shows. The SF Giants are revising their firework policy, and have stated that firework shows will end by 11 pm Sunday through Thursday, and by 11:30 pm Friday and Saturdays moving forward.

 

INSPECTIONS

 

Fri 4/5 10:20 pm

The Dorian

2001 Chestnut St

NA

Deputy Director Azevedo received complaint from neighbor via email about speakers outside in front of venue. Inspector Savino visited Dorian to see if speakers are present and confirmed they are. Deputy Director Azevedo communicating with venue regarding EC permit requirements.

 

Fri 4/5 11:05 pm	Arena SF	2565 Mission	POE	Inspector Fiorentino responded to 311 complaint. Found the door open and spoke to management about their crowd control in front of venue, and lowering their volume. Sound test showed them operating at 115-118 dBA and their limit is currently set at 88dBA. Director Weiland and Deputy Director Azevedo have reviewed current security plan and are working with venue owner and manager, and SFPD Mission Station Permit Officer Emanuel to ensure safe practices and compliance.
Fri 4/5 11:15 pm	Noir Lounge	581 Hayes	LLP	Inspector Savino responded to 311 complaint. He spoke with the manager and followed up with the complainant via email. Inspector Savino and Deputy Director Azevedo have been in touch with venue management and owner who stated the bar closed by 11 pm.
Sat 4/6 1:01 am	The Roc	2801 Leavenworth	POE	Inspector Savino visited per Director Weiland and found it was not very busy and under control. Venue in compliance with security plan.
Sun 4/7 1:31 am	Hue	447 Broadway	POE	Inspector Savino went per Director Weiland and saw security out front, door closed, and quiet out front with no patrons. Venue in compliance with security plan.
Fri 4/12 8:01 am	Standard Deviant	280 14th St		Inspector Fiorentino went to set sound limit but manager wanted to wait until owner was present. EC will follow up to set limit.
Fri 4/12 9:01 pm	Virgin Hotel	250 4th St	POE	Inspector Fiorentino went to the roof of 320-330 Clementina to work on rooftop sound test. Found that sound from the Virgin rooftop is barely audible from nearby sensitive receptor at approximately 250 feet. Will finalize the reading with Inspector Savino next weekend.
Fri 4/12 10:22 pm	The Dorian	2001 Chestnut St	NA	Deputy Director Azevedo asked Inspector Fiorentino to stop by and see if they are having entertainment. They had an iPod playing loudly but no entertainment, and their outdoor speakers were off.
Sat 4/13 2:11 am	Phonobar	370 Grove St	POE	Deputy Director asked Inspector Fiorentino to stop by and check out the operations. He conducted a sound test while there and found them out of compliance with their sound limit. Issued an NOV.
Sat 4/13 10:41 pm	Arena SF	2565 Mission St	POE	Inspector Fiorentino responding to 311 complaint. He spoke to operating manager about crowd noise and line management.

 

NOTICE OF VIOLATION
Phonobar – 4/13/19: took sound reading and measured 91dBA/106dBC (sound limit 83dBA/93dBC).

 

ONGOING COMPLAINTS

Original:	Venue Name	Address	Permit Type	Since last hearing on 4/2/19:
9/25/18	Jones	620 Jones	LLP	NO COMPLAINTS SINCE LAST HEARING
2/15/19	Brick & Mortar	1710 Mission	POE	NO COMPLAINTS SINCE LAST HEARING
	Independent and Emporium	628 Divisadero	POE	Ongoing complaints for both the Independent and Emporium – difficult to distinguish who is at fault when inspectors respond to complaints. The Independent needs to keep their front door open and Emporium is operating above their current sound limit. Both venues are going to have new sound tests conducted.
	Revolution Café	3248 22nd St	POE	Ongoing complaints about noise; door being open; people on the sidewalk.

 

= Commissioner Thomas asked if the event staff monitored the sound levels at the Gwen Stefani concert.  

= Commissioner Perez asked who does regulate Fireworks, and for Phonobar, do they have a way to calibrate their meter so it does not happen again.

= Deputy Director Azevedo stated there would be a conversation had with Phonobar owners about their sound limit and sound meter.

= Commissioner Lee asked if the roll up door at Standard Deviant Brewing was closed or if the brewery itself was closed. He also asked if they were having entertainment with the door closed.  He asked if Deputy Director Azevedo would be following up with the citations and tickets issued at the following hearing.

= Executive Director Weiland stated it would be business as usual and the enforcement process starts with a verbal warning, then a Notice of Violation, and then a written citation.

= Commissioner Tan asked to clarify when complaints are in the inspection section of the report.  He asked if there is a plan for Revolution Café.

= Executive Director Weiland stated a condition of Revolution Café’s permit states there must be someone on staff monitoring the door, and this isn’t happening right now. The enforcement team will be following up.

= Commissioner Falzon thanked the Commission for their work and stated that that Jones and Brick and Mortar are not on the ongoing complaints list, and things are moving in a positive direction.

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]

SPEAKERS: None

ACTION: None

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

Regular Agenda:

1. ECOTE-19-086 – Fernandez, Krystal of the Center for Asian American Media, CAAMFest38 Free Outdoor Screening of the “Joy Luck Club,” located at Waverly Place between Clay and Sacramento Streets, amplified sound from 7pm-11pm, One Time Outdoor Amplified Sound Permit.

 

SPEAKERS:    

= Commission Aide, Crystal Kennedy, staff report

 

Commission Aide Crystal Kennedy stated the first item on the regular agenda is for a One Time Outdoor Amplified Sound Permit for a screening of the 1993 film “Joy Luck Club.” At the request of the applicant, she asked the Commission to make a motion to continue this item to the May 7, 2019 Entertainment Commission agenda, as the applicant is still waiting to be heard at ISCOTT.

 

MOTION: Commissioner Tan moved to continue the item to the May 7, 2019 hearing Commissioner Thomas second the motion.

ACTION: One Time Outdoor Entertainment Amplified Sound Permit was continued to the May 7, 2019 hearing.

AYES: Perez, Thomas, Lee, Caminong, Tan, Falzon

ABSENT: BEN BLEIMAN

2. EC-1492 - Harooni, Sohrab, RS94109, 835 Larkin St., Place of Entertainment Permit.

SPEAKERS:  = Deputy Director, Kaitlyn Azevedo, staff report

Deputy Director Azevedo stated: “The only permit application is for a Place of Entertainment permit for RS94109, located at 835 Larkin Street. RS94109 is a record store/coffee shop that hosts community gatherings as well as both private and corporate events. The applicants currently have an extended LLP permit, and they are applying for a POE in order to extend their hours because many of the events they book wish to have entertainment past 11 pm. They don’t plan to change their operations if granted a POE permit, it will just allow music events or private event rentals to occupy the space later if desired. In your file, you will find the neighborhood outreach they conducted. This includes, 675 signatures collected from an online petition, 53 signatures from in-store patrons, 7 letters of support, strong social media support, and a flyer they distributed 125 copies of to their neighboring businesses, including the manager of the residential building above RS94109, the Hartland Hotel. We received opposition from Tenderloin Housing Clinic (THC), which is the agency that helps place residents into the Hartland Hotel, and one letter of opposition from a Hartland Hotel tenant, which is included in your file.

 

Director Weiland and I spoke with the applicants and a representative from THC to mediate the concerns. We were fairly successful in reaching an agreement, however below in the staff recommendations you will see that the applicant would like their hours of operation to be Sunday through Thursday until midnight, and Friday and Saturday until 2 am, with the option to extend until 2 am Sunday to Thursday 12 times per year. THC would like RS94109 to close at 11 pm Sunday through Thursday, 2 am Friday and Saturday, and not be allowed any extensions to their Sunday through Thursday hours of operation.

 

I think it’s important to clarify the operations of RS94109. They are not a nightclub or a bar. They are a record shop that hosts private or ticketed events with live music. If they do not have entertainment, their shop closes by 8 pm. Their liquor license only allows the sale of beer and cider, and currently prohibits the sale of alcohol past 10 pm during the week, and 12 am on the weekends. 

 

Tenderloin Station approves this permit with no added conditions, aside from abiding by the Commission approved security plan and Good Neighbor Policy. Here to tell you more is owner Sohrab Harooni and partner Whitney Smith.”

 

+ Sohrab Harooni, the owner of RS94109 stated: “I own the Tenderloin based record store, which I opened in 2013. Our name is cryptic. It means record store and most people just call us R.S. for short. We hold an extended Limited Live Performance license, which we were granted in 2016. Since obtaining the license, we’ve have had a number of events within our business. Many people always ask me why I opened a record store at this time, and people tend to think it's a difficult business to run and the growth to success seems hardly tangible. That is very true. It is extremely difficult to run a record store in today's market.”  He said he never wanted to open just a record store. RS94109 is a space for them to thrive in and community to gather and was one of the few remaining spaces for truly independent contemporary music.

Public Comment

- Female speaker a resident of the Central City SRO Collaborative Tenderloin Housing Clinic did not agree with the 12AM extension request, and therefore asked the Commission to approve the permit with the modifications for events on Sunday through Thursday to end at 11PM and zero extensions granted to events beyond 11PM on Sunday through Thursday.

-Lindsey Mulcahy, Community Organizer for Central City SRO Collaborative, thanked the applicants and the Director Weiland and Deputy Director Azevedo for their help in mediating their concerns. She stated they were interested in working with the applicant, but the residents of the Hartland Hotel do not want entertainment to go past 11 pm Sunday – Thursday

-David Elliott Lewis stated he understood the conflicts but noise impacts the residents.

=Commissioner Lee stated with the permit there would be more eyes on the street and that responsible owners do care about their neighbors. The Commission will make sure they will try to mediate and listen to the neighbors.

=Commissioner Thomas thanked the Hartland Hotel residents for showing up and being part of the process and she understood concerns about the noise impacts.

=Commissioner Falzon stated the best thing going on was they were able to get together and work it out.   He concurred with Commissioner Thomas that he would prefer to remove the floating days and grow into it and in six months revisit it.  He stated he always a manager onsite and a cell phone number made available to the community.  

=Commissioner Tan asked about the process to set the fee structure for entertainment permits.  He encouraged the residents to contact the police or the Entertainment Commission if they do have complaints. 

=Executive Director Weiland stated changing the fee structure of the permits would be a legislation change.   She added it was something she would like to revisit.

=Commissioner Falzon stated from the long game perspective they are on the right track but encouraged them to come back in 6 months

=Commissioner Caminong stated she appreciated the residents coming to voice their concerns and she was surprised the applicants have been there that long but have not engaged with the Hartland residents and they should not have to go through a third party to resolve the issues.  She added she understood the pressures of small business owners and asked the Commission to give them some options.

MOTION: Commissioner Thomas made a motion to approve the Place of Entertainment permit for RS94109 with the following conditions:

• Adhere to the Entertainment Commission’s Good Neighbor Policy.
• All security will wear distinctive clothing, identifying them as security.
• Permit holder shall use a sound limiter at all times while operating sound equipment to ensure compliance with approved sound limits.
• Permit holder shall provide a monthly calendar of entertainment events, including start and end times, to the Entertainment Commission, SFPD Tenderloin Station, and concerned neighbors. Permit holder shall provide a printed version of this calendar to the Hartland Hotel.
• Entertainment shall be restricted to 11pm Sundays through Thursdays, and 2am Fridays and Saturdays. The permit holder is allowed to extend hours of entertainment until 2am on Sundays through Thursdays for a maximum of 3 times per calendar year, with no other exceptions to extend. These extended events will be included on the monthly calendar of events.

 

Commissioner Falzon seconded this motion.

ACTION: Applicant was conditionally granted a Place of Entertainment permit with the aforementioned conditions.

AYES: Perez, Thomas, Caminong, Tan, Lee, Falzon

ABSENT: BEN BLEIMAN

 

8. Commissioner Comments & Questions. [Announcements]
 

= Commissioner Lee stated the Limited Live Performance permit was a helpful tool for restaurants and things that couldn't get a normal POE.   

= Commissioner Falzon stated it would be a good agenda item to discuss the fee structure down the road and educate the Commissioners on the fee structure and where it’s going.  

= Commissioner Tan stated he agreed with Commissioner Falzon’s comments.  He informed the Commission that he recently switched jobs to start working for the Burning Man Project as head City Planner for Burning Man that happens out on the Black Rock Desert.

= Commissioner Thomas Stated San Francisco, the Board of Supervisors, created a task force to look at methamphetamine use in San Francisco and she has been appointed to that task force. One of the issues that came up in the first meeting was the intersection of methamphetamine and nightlife.  She added they we're going to be meeting four times over the next few months and through the Department of Public Health they will be presenting a report with some policy options on how San Francisco can better address methamphetamine use and related problems, she will make sure a copy of the report comes back to the Commission.

= Commissioner Perez stated he missed the Entertainment Commission Summit this year and thanked staff on the great job they did on the Summit. 

= Vice President Caminong Stated next week, Thursday April 25^th DCYF and the Youth Commission will be hosting Youth Advocacy Day at City Hall. It’s highlighting San Francisco natives who are born and raised in the city and who are county workers. She will sit on the panel and is very excited for the panel to share personal narratives of growing up the city and their commitment to public service to 200 high school students from throughout the city.  She added Commissioner Tan was one of the founders.

ADJOURNMENT 7:37PM