Meetings - May 7, 2019 - Minutes

Meeting Date:

May 7, 2019 - 5:30pm

Location:

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 1, 2019 and April 16, 2019 Commission meeting. [Discussion and Possible Action Item]

SPEAKERS: = Commissioner Thomas stated President Bleiman was absent from the April 1, 2019 meeting that took place prior to the Entertainment Commission Summit.

MOTION: Commissioner Lee moved to approve the April 1, 2019 minutes, Commissioner Caminong second the motion.

MOTION: Commissioner Thomas moved to approve the April 16, 2019 minutes, Commissioner Caminong second the motion.

ACTION: Approved Minutes for April 1, 2019 & April 16, 2019

AYES: Commissioner Thomas, Commissioner Caminong, Commissioner Bleiman Commissioner Lee

NAYS: None

ABESENT: AL PEREZ, BRYANT TAN & DAVE FALZON

3. Report from Executive Director: Legislative/Policy Update: nothing to report; Staff and Office Update: Update on Senior Inspector Hiring Process; Update on Director Weiland’s visit to the Austin Center for Events; 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 the Senior Inspector position hiring status for 1844 classification. She said they are moving forward and she provided the Commissioners with the 1844 classification job description for their review. She stated the position will be slightly different from the previous position. The new position will be managing the residential development review process since it is relative to sound mitigation and management. and They will also help manage the move to the new office at 49 South Van Ness and help streamline the digitization process.

There were four candidates for the position and she is hoping to make an offer to somebody this week and is hoping that the new hire could start at the beginning of June 2019. She updated the Commission on her visit to Austin a couple of weeks ago. She said it was a fun and personal trip but she also spent five hours at the Austin Center for Events. They have a streamlined process for permitting outdoor events, and she is hoping to use that as a model for looking at ways in which we can potentially improve the process for permitting events in San Francisco. She said they were going to put together a video documenting interviews she had while she was there, and they will work on it with Inspector Antonio Savino who has expressed interest in creating videos for the Entertainment Commission.

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

New Complaints
4/21/2019 12:08:37 AM	Silverstone Café	2749 MISSION ST	N/A	Loud party at silverstone (3926 24th st) ACTION: Inspector Fiorentino visited Silverstone Café the following weekend but it was closed. He visited again this weekend and spoke with the owner. He said they have DJs occassionally so Inspector Fiorentino explained the permitting process.
4/24/2019 10:54:41 PM	The Bindery? Alembic?	1727 HAIGHT ST	N/A	They have loud music multiple times a week past 10pm until 2am or later and it disrupts the entire apartment complex next door. ACTION: Inspector Savino visited the Bindery and they are not having live music. He determined the noise complaints are likely coming from Alembic. He spoke with the manager at Alembic about the complaints we have been receiving. They don't have live entertainment, they were streaming music from an iPod/computer; he asked them to close their door. Deputy Director Azevedo contacted SFPD Park Station permit officer to inform him that we will be reallocating these complaints to him.
4/26/2019 11:17:20 PM	Arena SF	2565 MISSION ST	POE	Out of control crowd--this is not OK! ACTION: Inspector Fiorentino responded to 311 complaint. Their line was orderly and controlled and they were in compliance with their security plan.
4/28/2019 4:24:00 PM	Jones	620 JONES ST	POE	The Jones cocktail bar has amplified noise coming from speakers on the roof that is extremely loud. ACTION: Inspector Savino followed up with complainant via email the following day. Deputy Director forwarded the complaint to the owner. Owner confirmed that Jones was closed on the day of the complaint. No further action necessary.
5/2/2019 11:56:00 PM	RS94109	835 LARKIN ST	POE	This business is a record store/coffee shop that regularly throw parties late at night. There is a pending court order against this business for the noise they are making and it is disturbing all the residents in the building above. The bass is vibrating the entire building. ACTION: Inspector Savino responded to 311 complaint and asked the owner to turn down the bass.
5/5/2019 3:46:09 PM	OTOEEP - How Weird Street Faire	Reported as: 41 TEHAMA ST	OTOE	My walls are literally shaking due to the "how weird" festival. ACTION: Contacted event producer and requested an email response for staff to share with complainants. We will take these complaints into account for next year by ensuring an inspector is present next time to do some sound testing. Deputy Director will email complainants with contact information the response drafted by event producers.
INSPECTIONS
4/27/2019 11:44:06 PM	Halcyon	11th St	POE/EHP	Inspector Fiorentino was in the area and drove by Halcyon. No complaints.

Speakers:

= Deputy Director Kaitlyn Azevedo gave the enforcement report.

Deputy Director Azevedo said she has broken out the sound inspections into their own section, so the Commission can see the sound tests that were performed in a different location on the report. There were 11 performed since the last hearing. Silverstone Café is unpermitted by us, and we received three sound complaints from them. Inspector Fiorentino went out to check the location. They were closed both Friday and Saturday. He went the following Friday and Saturday and he was able to speak with the owner and explain that although they have the occasional D.J., they still are required to have a permit and explained the permitting process. She will work with them if they do decide to pursue a permit.

The Bindery or Alembic, it was unclear about what this location was. We received four complaints from the same vicinity with sound that was disrupting the neighbors. Inspector Savino went out and determined it was not the Bindery, but the Alembic. They are playing streamed music from an iPod or a computer. He spoke with the owner and let them know that multiple sound complaints have been coming in and asked them to close the door. This does not fall under our jurisdiction, and she has notified SFPD Park station Officer Wu about the venue and our inspectors will be reallocating any future complaints to the SFPD Park Station. It was determined that the Bindery is not having live entertainment.

Arena S.F., since the last hearing, they have had four complaints. Inspector Fiorentino was able to respond to three of them while he was out in the field. Two of them were about the front line control, and the inspector determined that there line was in great condition and the crowds were controlled, things were orderly and they were following their security plan and were in compliance. He did receive a complaint about noise in the back, and upon entering the venue, he found upstairs there was a door that was open that is not an exit. When the door is open it goes straight into someone’s apartment. He asked them to close the door and put a padlock on it because it poses no threat for being permanently shut. The fourth complaint was on Cinco de Mayo, they had a daytime party, and she reminded the owner that they do have to keep their door shut even if they are having daytime events with entertainment.

There was a complaint about 620 Jones Street that came in on a Sunday afternoon. She spoke with the owner and it was confirmed that Jones was closed that day but wanted to inform the Commission that they followed up with the complaint.

RS94109 were recently granted their Place of Entertainment permit. Thursday, May 2, 2019 was the first time using one of their three 2:00 A.M. extensions during those days that the Commission conditioned their permit to allow. They did follow their permit conditions by notifying the Hartland Hotel management and the Entertainment Commission, by sending a calendar out. We did receive one complaint come through 311 and Inspector Savino was out on Thursday, and he responded to the complaint and asked the owners to turn down the music, which they did. She spoke directly with the complainant and she was able to clear the air and encouraged him to speak to his property manager or the manager of the Hartland Hotel who is the recipient of that calendar and as a tenant, he can be informed of any events that go beyond 11PM.

There were four complaints that came in about How Weird Festival and the resolution was they contacted the event producer, and requested they draft a response to send out to the complainants that left their contact information. We will be doing sound testing next year for the event, and ensure that and inspector is on site for the event. She said Director Weiland has spoken with Senior Analyst Dylan Rice about having him compile a list of the upcoming festivals and fairs now that we are entering into festival season so we can ensure that we have inspectors out in the field during those big events. She added Inspector Fiorentino was nearby Halcyon and drove by and they were in compliance. She added there was a Notice of Violation issued to Revolution Café because they were operating with a live band with all of their doors and windows open.

= Commissioner Caminong asked if Arena SF went through a rebranding or new ownership and if the three complaints that came in were since the new ownership.

= Deputy Director Azevedo stated it was the same owners but they have added a new operating manager and have done a complete rebranding. It was previously Mission Street Sports Bar, and now it is Arena S.F. and they are operating a very large nightclub. The complaints that came in were under the new ownership, The inspectors have been responsive to the complaints and she has been in contact with SFPD Mission Station and the permit officer highly commends their security and he is out there often, and says they are doing things correctly.

= Commissioner Lee inquired about the complaint made about Amnesia and what it meant..

= Deputy Director Azevedo stated that was an anonymous complaint that came through 311. Inspector Fiorentino responded to the complaint and found that everything was in control.

= President Bleiman stated he was enjoying the new format of the enforcement report.

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]

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:

EC-1518 –Anchor Brewing Company, LLC, Anchor Brewing Company, 1705 Mariposa St., Limited Live Performance Permit.

EC-1519 –Phil Chen of Prana Venture Group, LLC, Alchemist and Woodbury, 685 3^rd St., Limited Live Performance Permit.

SPEAKERS: = Deputy Director, Kaitlyn Azevedo, staff report

= Deputy Director Azevedo stated there were two applications on the consent calendar. They are both accessory use permits there was no opposition from their neighbors or from the public for these applications, their conditions were very standard, and the applicants were fine with the Police Department’s conditions that were recommended.

MOTION: Commissioner Thomas moved to approve the consent agenda with the Police conditions, Commissioner Caminong second the motion.

Public Comment: None

ACTION: Both Limited Live Performance Permits were conditionally granted to the applicants.

AYES: Commissioner Thomas, Commissioner Caminong, Commissioner Bleiman Commissioner Lee

NAYS: None

ABESENT: AL PEREZ, BRYANT TAN & DAVE FALZON

Regular Agenda:

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.

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,” located at Waverly Place between Clay and Sacramento Streets from 7-11pm on May 18, 2019. This Item was continued from the April 16, 2019 hearing because the applicant’s ISCOTT street closure permit was still pending approval. The agenda item is back on tonight’s agenda because the event producer has now received their ISCOTT approval letter, which you will find in the file. This permit application is on the regular agenda because the event producer hopes to amplify sound outside past 10pm, which requires Commission approval. The event producer distributed fliers to their neighboring businesses and residents in Chinatown. We have not received any letters of opposition for this permit application. Central Station approves this permit with no added conditions. Director Weiland requests that the Commission consider adding standard conditions of approval for outdoor events.

SPEAKERS:

= Commission Aide, Crystal Kennedy, staff report

+ Krystal Fernandez, Events Production Manager for the Center of Asian America Media.

+ Krystal Fernandez stated she had the pleasure of working alongside Crystal Stewart and the Center for Asian American media is a nonprofit organization that helps to create a platform for Asian-Americans to help produce media content and screen it. On this day, they would like to
screen the club film the Joy Luck Club. Their festival takes place from Thursday, May 9, 2019 until Sunday, May 19, 2019. The movie is a film that is local to San Francisco, and they are celebrating the 25th anniversary of it, as well as the 30th anniversary of the book. They will have multiple people, and cast members, in attendance and this will be the first and last time that they will ever be together as a group. She said it was an exciting thing for local Chinatown and San Francisco. There will be a representative from the Mayor’s office that will issue them a proclamation for the day. They are requesting the permit to go past 10:00PM because it is an outdoor screening, they and cannot start the film until the sun sets at 8:30PM and the film will end at 10:50P.M. There will be remarks from some of the cast members and other people in attendance.

= Commissioner Lee said it was a great idea and we need more of those kind of movies. He recommended they put the speakers at the back of the audience rather than at the front by the screen so the volume doesn’t have to be as high and people can hear better.

= Krystal Fernandez said it was not going to be too loud in the neighborhood, but it will be loud enough for everyone attending, and they would consider the speakers in the back for future screenings.

= Commissioner Lee said the reason he was recommending it or suggesting it is if you if you have them in the back, you can keep the sound low without the people fighting to hear what is up in the front, and you might have less impact. He said if you want to continue doing this, it would be less impact to the S.R.O. residents that are sleeping upstairs.

= Commissioner Caminong stated she loved all of the activation that have been happening at Waverly Place in the last couple of years and it was exciting to see the different activations and content. She added they all have their memories from the Joy Luck Club movie.

MOTION: Commissioner Thomas moved to approve with staff recommendation conditions, Commissioner Caminong second the motion.

Public Comment: None

ACTION: The One Time Outdoor Amplified Sound Permit for CAAMFest38 Free Outdoor Screening of the “Joy Luck Club,” located at Waverly Place between Clay and Sacramento Streets, amplified sound from 7pm-11pm was approved.

AYES: Commissioner Thomas, Commissioner Caminong, Commissioner Bleiman Commissioner

NAYS: None

ABSENT: AL PEREZ, BRYANT TAN & DAVE FALZON

7. 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. [Discussion and Possible Action Item]

1567 California Street, Bl/Lot: 0645/14, 14A, 15. Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 1567 California Street, which is located within 300 feet of Playland Bar and Encore Karaoke Lounge, permitted Places of Entertainment.

SPEAKERS:

= Executive Director, Maggie Weiland, staff report

= Michael Lee, project sponsor/developer with Southern Land Global, LLC.

= Jordan Roberts, Salter and Associates

= Director Wieland stated this project is at 1567 California Street. The Entertainment Commission is looking at this because it is a residential project that is going in within 300 feet of both Playland Bar and Encore Karaoke lounge, which are permitted Places of Entertainment.

= Michael Lee with Southern Land Global said they are the sponsor and the developer of the project at the corner of California and Polk Street. It is a mixed-use development and they will have about 100 units over retail space. The height of the building is about eight stories. In the process of their planning submittal they have been informed they need to conduct a noise study and do outreach to the neighborhoods. The consultant group has been working with Director Weiland over the last couple of months. He has reached out to the venues; Encore Karaoke Lounge, which is across the street from the site and has meet with the owner Chris Amber and discussed their intent and purpose of the noise study and she was in support of the project.

He tried to reach out to the owner of Playland and called them on several occasions and finally he went to the venue in person and talked to the manager Carlos, and he informed him that the owner is not there all the time. He informed Carlos of the intent and purpose noise study, and how they will integrate the result of it into their project to mitigate any concern with future noises coming from the Places of Entertainment. He thought it went well in both places.

= Commissioner Lee asked what type of retail they would have on the bottom location and would it be more bars or retail and will have a lighting plan.

= Mr. Lee said there would be two locations appropriate for restaurants, which are on the corner of California and Polk and another one facing Polk Street adjacent to their building and there are two smaller spaces facing California but they haven’t determined what they will be. He added they would keep Polk side activated as retail and they will have a lighting plan.

= President Bleiman inquired about the layout of the apartment and if they thought about avoiding putting the bedrooms inside or how that would work.

= Mr. Lee said it might be difficult but based on the noise level they will properly insulate the doors and windows from noise.

= Commissioner Caminong asked what the percentage of affordable housing was.

= Mr. Lee stated he believed 18% out of 100 units. The base project is about 93 units so it will be about 17-18 affordable housing.

= Commissioner Lee asked if there are plans to do any sound proofing in the restaurant space in between the two floors.

= Mr. Lee stated they were early into the project but it was a point well taken and something to look into.

= Jordan Roberts with Salter & Associates gave a quick summary of their sound analysis. They made two long-term measurements, along California and the other along Polk Street from Thursday afternoon until Monday that captured the overall noise environment and established their ambient noise levels. They returned and made attendance measurements, they went along Polk Street and another one a long California that were closer to the entrances of the places of entertainment. They noticed that those levels captured the people attending and leaving the Encore nightclub.

=Nathan with Salter & Associates stated they conducted measurements outside of both place of entertainment locations.

= Jordan Roberts with Salter & Associates said that Playland Nightclub, which is further away from the site and karaoke, is right across the street, which is beneficial for land-use purposes. They recommended STA ratings up to 37 to mitigate the noise from entertainment uses and 28 STA ratings were along the back of the building, and 31 was recommended along Polk, which is closer to Playland.

= Commissioner Lee asked when the people come out of the venues what kind of ratings did they get at 2:00AM. He asked if the windows would compensate for people noise when people are coming out from Playland, and they should be prepared for potential complaints.

= Jordan Roberts with Salter & Associates stated they did not have those ratings and their analysis is based off the ambient noise level and felt it was adequate for pedestrian noise.

= Executive Director Weiland asked the Commission if there is anything different, or anything that they want to add on, because this was the opportunity if they want to make any specific recommendations regarding Salter’s sound study or adopt the standard conditions.

= Commissioner Bleiman asked what the timeline was on the project. He recommended them accepting Salter’s recommendations and Commissioner Lee’s recommendations of insulating the ground floors that might involve entertainment.

= Mr. Lee said what they projected from the Planning Commission is they would break ground about May or June of next year.

MOTION: Commissioner Thomas moved to approve recommending the standard conditions for this planning project by the Planning Commission, Commissioner Caminong second the motion.

ACTION: The project was approved by the Entertainment Commission.

AYES: Commissioner Thomas, Commissioner Caminong, Commissioner Bleiman, Commissioner Lee

ABSENT: AL PEREZ, BRYANT TAN & DAVE FALZON

8. Commissioner Comments & Questions. [Announcements]

= Commissioner Caminong gave a big shout out to Supervisor Safaiand the D11 team for honoring her for Asian Pacific American Heritage month. She received a commendation this afternoon and her mother and aunt's introduction to City Hall was there at the board chambers and they stood with her as she received her commendation and it was a beautiful moment to experience in her world of home, family, work and politics.

= Commissioner Thomas congratulated Vice President Caminong and said it was great to see she was recognized.

= Commissioner Lee congratulated Vice president Caminong on her commendation. He said it was it is a big month because it is the 150-year celebration of the building of the transcontinental railroad. He got an award last week, too, from the A.P.I. Foundation for his work of raising money for putting a statue for Chinese railroad workers up in the Sierra Nevada where the first 500 Chinese who were tested to see if they could do the job of building the railroad and eventually 15,000 Chinese were hired. The monument was built and it was shipped on a boat from China and was now at the California Railroad Museum. He said he would be traveling to Utah this Thursday for the big celebration for the reenactment of the two trains coming together. 10,000 people were going to make sure that the Chinese-Americans are recognized.

President Bleiman closed meeting in honor of Asian Pacific Islander American Heritage Month.

ADJOURNMENT 6:24PM

Meetings - May 7, 2019 - Minutes

1.General Public Comment - No public comment.

Stay Connected