ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, June 21, 2016
City Hall, Hearing Room 416
1 Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present
Audrey Joseph
Bryant Tan
Steven Lee
Dori Caminong
Al Perez
Laura Thomas

STAFF        

Present
Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Commission Aide, Crystal Stewart

CALL TO ORDER

Chair Tan called the meeting to order at 5:38PM.

ROLL CALL

Director, Jocelyn Kane called the Roll. 

Present at the meeting were Commissioners, Bryant Tan, Audrey Joseph, Steven Lee, Laura Thomas, Dori Caminong and Al Perez.

Absent at the time of roll call were: Commissioner Frost

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 made.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of the May 3, 2016, May 17, 2016 & June 7, 2016 Commission meeting. [Action item]

No public comment was made.
Commissioner Joseph moved to continue the minutes of May 3, 2016 & May 17, 2016 for lack of a quorum. Commissioner Perez second the motion.

Vote:

Yeas- Commissioner Lee, Commissioner Caminong, Commissioner Perez
Commissioner Joseph and Commissioner Tan

Noes – None

Absent at the time of the vote - Commissioner Thomas
Absent Commissioner Frost

Public comment

No public comment.

Commissioner Joseph moved to approve the minutes of June 7, 2016 Commissioner Perez second the motion.

Same house same call

Vote:

Yeas- Commissioner Lee, Commissioner Caminong, Commissioner Perez
Commissioner Joseph and Commissioner Tan

Noes – None

Absent at the time of the vote - Commissioner Thomas
Absent Commissioner Frost

3. Report from Executive Director Legislative/Policy Update: 2016 Annual EC Summit 10.3.16 Staff and Office Update: Update on 1823 Outdoor Events Analyst position Corrective Actions: Director’s Order Revising Security Plan for EC-1044 POE and EHP, for The EndUp, 401 6th St. Report from the Sound Inspectors Jordan Pauley and Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

Executive Director Kane stated they have a date settled for the Entertainment Commission’s Summit which will be on October 3, 2016 at the Koret Auditorium.

Inspector Sean Burke Report

NEW COMPLAINTS 

6/14/16 Romper Room 25 Maiden Ln.    Report of door being left open, security presence lacking, and crowds creating a general nuisance.

6/18/16 CODE Salon 370 4th St. Report of salon that has "turned in to nightclub". Currently not permitted.

6/19/16 AT&T Park 24 Willie Mays Report of "loud concert noise".

SITE VISITS                        

6/17/16 11:30P Monroe 473 Broadway Ambient sound test for residence above nightclub.

6/18/16 6:00P Juneteenth Festival Fillmore St.  In compliance with all conditions of permit.

6/18/16 9:00P AT&T Park 24 Willie

Mays Monitored private event at stadium from Lot A. Inaudible. One complaint. Will follow up with complainant to gather additional info.

6/18/16 10:30P   SOMA StrEat Food 428 11th St. In compliance with all conditions of permit.

6/18/16 11:30P   Monroe 473 Broadway    Took measurements during event for comparison to ambient.

6/19/16 12:15A Square Bar & Kitchen 1707

Powell St.  Visited complainant's residence and permitted establishment to determine best course of action regarding ongoing complaint.

Commissioner Thomas arrived at 5: 42 PM.

4. Discussion and possible action regarding recent amendments to Police Code Section 1060.5(h) regarding the extension of conditional grants after 9 months.  [Action item]

Director Jocelyn Kane stated there was an ordinance the Board of Supervisors passed a couple of months ago which contained clean up to Police Code Section 1060.  She added it related to the 9 - month deadline for conditional grants of Place of Entertainment (POE) permits that the Commission has struggled with in the past with accomplishing everything you an applicant needs from the conditional to the final grant of the permit.   She added stated Section 1060 was amended to allow an extension of additional months going forward.   She added part of the language is the Commission may delegate to the Director, in whatever manner they deem appropriate, the power to extend the nine months according to subsection (h) of Section 1060.5.  She asked the Commission to move the extension authority to the Executive Director and formally adopt it.

Commissioner Lee stated it was a good idea because there was a six month backlog with the Planning Department.   He added he was in support of the extension.

Commissioner Thomas asked have they had many applicants in that position.

Director Jocelyn Kane stated about 20% will run into some kind of snag with building, electrical or plumbing issues.  She added it was not because the operator was not accomplishing something because they were on them to make best faith efforts to get something accomplished.  She added larger projects take a longer time.   

Commissioner Joseph stated the Planning Department might have a long wait, but applicants don’t come to the Commission unless they have planning.  She added what the wait is the Building Department and everything that’s under the building and a lot of sign offs in order to finalize the permit. 

Chair Tan asked did the Commission have the ability to change the code.

Executive Director Kane stated she was not asking the Commission to change the code.  She asked the Commission to take action based on the last sentence of subsection (h) of Section 1060.5 which says that the Commission may delegate to the Director, in whatever manner they deem appropriate, the authority to extend the nine month deadline and make a formal action.

Public comment

No public comment.

Commissioner Joseph moved that the Entertainment Commission delegate to the Executive Director the power to extend the 9 month deadline and if someone comes back for an extension that is more than the second nine months the Director is to report to the Commission on that fact. Commissioner Caminong second the motion Commissioner

Vote:

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

Noes - None

Absent Commissioner Frost

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]

Lt. Dave Falzon with the san Francisco Police Department discussed the incident at the EndUp.   He added from the department’s point of view there was a critical takeaway and executive Director Kane eluded to and that is zero tolerance for any kind of breach at any entrance of exit points.   He added the other component that needed to get out to the security industry was they had to have a contingency plan and be prepared to anticipate what they historically haven’t seen in clubs. He added this specific event was well organized and involved many individual and they came in with a plan to intentionally distract security and were able to do it very successfully which subsequently allowed for the breach and the incident that followed.   He added they need to be looking and security more intelligently.     He commended the group at the Endup stepped up and applauded Executive Director Kane for initiating the meeting they moved swiftly and     everything they asked for the EndUP did and everything they did will prevent this in the future.  He added the department was in good shape with active shooter and have conducted department wide active shooter training.

6. 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:

Director Jocelyn Kane stated these were projects that have come to hearing and recommendations need to be sent to the Planning Department and Building Department and were before the Commission as a listing for review and not discussion and a consent item to be voted on together.

3441 26th Street, Block/Lot 6569/029 which is located within 300 feet of 26 Mix, a place of entertainment.

469 Eddy Street, Block/Lot 0337/014A which is located within 300 feet of The Basement, a place of entertainment.

1394 Harrison Street, Block/Lot 3519/017 which is located within 300 feet of The Lone Star, a place of entertainment.

1433 Bush Street, Bl/Lot 0670/024, which is located within 300 feet of Mayes, and The Regency Ballroom, places of entertainment

Commissioner Joseph moved to approve the consent item as it stands. Commissioner Lee second the motion

Vote:

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

Noes - None

Absent Commissioner Frost

Chair Tan requested a little more information in the Residential Development Review in their packets.

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

Regular Agenda:

EC-1371 – Cortell, Tadd, Christopher Smith & Manny Alferez, Mighty/The Great Northern, 119 Utah Street, Place of Entertainment and Extended Hours Premises Permits, Change in Ownership.

Deputy Director Weiland stated the only permit application this evening is for Place of Entertainment and Extended Hours Premises permits for the nightclub Mighty, which will soon be known as The Great Northern located at 119 Utah Street. This is a change in ownership. The new owners have obtained a temporary POE and EHP permit for this premises from Mission Station so that there is no lapse in entertainment. The new owners plan to have mainly DJs as entertainment with some live music, and plan to add $20K in sound insulation to the ceiling as well as sound curtains to the already existing sound proofing. In your file you will see a total of 7 letters and signatures of support for these permit applications. I have not received any opposition about these permit applications. Mission Station approves the application with the attached conditions.  The applicant, Tadd Cortell was present to tell you more about his application.

Tadd Cortell spoke on behalf of his permit application and their plans to create a new event space for private events in San Francisco.  He added security operations will be mirrored of what they currently do at Monarch and will Johnson Security Protection. He added he did neighborhood outreach over a four day period.

Public comment

No public comment

Commissioner Thomas moved to approve with the police conditions Commissioner Lee second the motion

Vote:

Yeas- Commissioner Lee, Commissioner Joseph, Commissioner, Commissioner Camionong, Commissioner Perez, Commissioner Thomas and Commissioner Tan

Noes - None

Absent Commissioner Frost

Director Jocelyn Kane stated the Commission could vote on the May 3, 2016 minutes with the arrival of Commissioner Thomas.  

Public comment

No public comment.

Commissioner Perez moved to approve the minutes of May 3, 2016 Commissioner Joseph second the motion.

Vote:

Yeas- Commissioner Lee, Commissioner Joseph, Commissioner Commissioner Perez, Commissioner Thomas and Commissioner Tan

Noes – None

Abstain Commissioner Caminong

Absent Commissioner Frost

8.  Commissioner Comments & Questions. [Discussion item]

Commissioner Joseph stated stand strong with the events and we cannot make bullies make us afraid and encouraged everyone to go to Pride and support the event.

Lt. Dave Falzon stated they were asking people to think safety and if you see you see something say something. He added they have 911 and 311 non-emergency and the anonymous tip line was (415) 575-4444.

Chair Tan stated he reiterated Commissioner Joseph’s comments and what happened in Orlando was more than unfortunate and more than tragic.  He added it caused everyone to ask what safe spaces not just for queer or other people that want to go out on a Friday or Saturday night.

Commissioner Perez stated last April the Board of Supervisors unanimously approved a resolution creating the Filipino Cultural Heritage District. He added the Entertainment Commission was included to create a mandate a strategic plan and there was a community meeting tomorrow 5:30PM-7:30PM at the Filipino Consulate and invited staff to attend.

Commissioner Lee stated SOMA club owners were getting together with the Tenderloin Police Captain to discuss the protocols for safety and invited club owners to attend.

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

Chair Tan stated the July 5, 2016 meeting will be canceled.  He added one of the items on the next agenda was to re-elect a new president and to reconsider the term for president.

Commissioner Thomas stated she would like feedback from Commissioner Lee about the meeting with the club owners.

Adjourned 6:37PM