CALL TO ORDER

 

The Vice Chair called the meeting to order at 5:13 P.M.

 

ROLLCALL

 

Bob Davis called the Roll. 

 

Present at the meeting were Commissioners Jim Meko, Terrance Alan, Audrey Joseph, Bruce Lorin, Joseph Pred and Jordan Shlain.

 

Absent at the time of roll call were: Bowman Leong

 

Staff present was, Robert Davis, Jocelyn Kane and Crystal Stewart and Vajra Granelli

 

1. GENERAL PUBLIC COMMENT

 

No public comment.

 

Public comment closed.

 

2. REVIEW AND APPROVE   

THE MINUTES OF February 6, 2007

 

Public comment

No public comment.     

 

Commissioner Joseph moved to approve the minutes of February 6, 2007

Commissioner Alan second the motion.

 

VOTE:

AYES -         Commissioner Meko, Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Shlain

ABSENT - Commissioner Leong

 

3. REPORT FROM THE EXECUTIVE DIRECTOR, BOB DAVIS: UPDATE ON MEETINGS WITH PRECINCT CAPTAIN FROM BAYVIEW POLICE STATION, REPORT ON SOMA AND NORTH BEACH AND THE STATUS OF TASK TRACKING SYSTEM.  REPORT FROM VAJRA GRANELLI’S REPORT ON RECENT VENUE SOUND INSPECTIONS ACTIVITIES AND REPORT OF ACTIVITIES BY STAFF.

 

Bob Davis stated he and Jocelyn Kane and a member of the City Attorney meet with the Captain of Bayview station and Bayview permit Officer Gigi George and the meeting topic was to make sure the good work in the Bayview would not be jeopardized.  He added they agreed to set up another session with all the club owners about management techniques and collaborate and coordinate activities with the police stations and will update the Commission on the meeting.   He added North Beach arrest records were down and there were few problems and continued to be quiet and they were looking at ways to fund the budget for next year to ensure they can keep the Sheriff bus and solo officers.  A meeting will be had by staff and some of the business owners in North Beach to talk about asses of where they were and suggestions they might make.   He added SOMA and 4^th Street was relatively quiet.   He added a task tracking document has been set up to handle tracking on an updated on a weekly basis.   He added the President of the Commission asked him to set up a meeting with the Chief of Police and there would be two possible dates the Chief is available to meet.  

 

Vajra Granelli stated his focus has been on 6^th and 11^th Streets for the last few weeks and has brought his observation and reports to the police which have been effective.   He added he has been focusing on 6^th Street and Club Six and some of the complaints they have had in the past.  He added 11^th Street overall has been better than it has been in the past and Fat City has filled in their sky light which was a major concern in the past about sound and they were filling in the windows in the front of the building and work on the ceiling and sound have improved and he would continue to monitor the sound.   He added the last weekend he focused on Jet and waiting for notifications from the owners of Jet to do a final inspection of sound insulation.    He added readings at Jet dramatically dropped to 58 to 62 inside and outside was between 63 and 64.9 which was a good sign.   He added he talked to some of the neighbors and the feedback was it was an improvement and better than it was.

 

Jocelyn Kane stated the One Time Event Permits included loud speaker permits, Itinerant Show permits and One Dance events.   She added in 2003 the average issued 22 per month and in 2004 there were 30 and in 2005 there were 31, 2006 were 30 and as of 2007 there were 14.  She added it as a seasonal situation that went up and down.   She added fixed place permits and active licenses were 345 Place of Entertainment permits and 104 Extended Hours Premise and 162 Billiard 149 Mechanical Amusement Devices.   She added over the year the issuances of new Place of Entertainment were approximately 85 and there were 23 Extended Hours Permits, 24 Billiard and 17 Mechanical Amusement Devices.

 

Commissioner Joseph asked how many Place of entertainment Permits were surrendered?

 

Jocelyn Kane stated she did not know but would get back to the Commission.

 

Bob Davis stated the tax collector would send a query this year.

 

Jocelyn Kane stated she was invited to go to San Jose and speak to the down town working group.  She added there was an article in the San Jose Mercury news indicating the problems they were having in the downtown core were there was a balance of club and housing.    She added they were working to come up with strategies and staff would learn from their experiences and hopefully they could help each other as they went forward.  She added she met with Planning with Commissioner Alan regarding the eastern neighborhood rezoning process and hoping to get staff awareness of what nighttime entertainment was like and what it did in the Planning process and the fabric of what they were trying to do respective of the eastern neighborhoods which was the balance of the eastern part of San Francisco and they will hopefully come out with restrictions or guidelines that would help encourage entertainment and not create usage to close to one another regarding nuisance activity.   She added the showcase of Music of South West by Southwest was confirmed and the Board of Supervisor approved the use of the City Seal and San Francisco would be shown off in Austin to the community for the first time.   She added she would be going to a community meeting in the Mission was they would be focusing on entire meeting on entertainment venues to understand who the Commission was and what they expected of the venue owners.

 

Public Comment

 

4) DISCUSSION OF THE RULES AND HEARING PROCEDURES FOR PROCEEDINGS TO SUSPEND OR REVOKE PLACE OF ENTERTAINMENT PERMITS AND PERMITS FOR EXTENDED HOURS PEMISES.

 

 

Bob Davis stated there was a draft document that modified the hearing procedures that were voted on and in place for Kelly’s Mission Rock Hearing.   He added the Legislative Committee was going to hear the item today but they did not have a quorum or have a chance to review them.  He added he would like for the Commission to review them and if there were comments to send them in so that it could be revised and posted and bring it as an action item.

 

Commission Alan stated comments should be submitted in writing so the final posting could be done and discussed.  He added the Legislative Committee and then forwarded to the full Commission as a discussion item.

 

Chair Shlain stated they would continue the item and make it an action item at the next Commission meeting.

 

Bob Davis stated it would be helpful if the Commissioners had suggestions.

 

5)     HEARING TO CONSIDER COMPLAINTS INVOLVING THE FOLLOWING VENUES, AND POSSIBLE ACTION DIRECTING STAFF TO WORK WITH THE PERMITTEES TO ADDRESS COMMUNITY CONCERNS. A) JET LOCATED AT 2348 MARKET STREET SAN FRANCISCO, CA.) and B) CLUB SIX LOCATED AT 52 6^TH STREET, SAN FRANCISCO, CA.

 

Bob Davis stated at the last meeting the Commission asked him to bring the two venues forward for the purposes of discussion with the caveat the Commission be allowed to take action.   

 

Commissioner Joseph stated based on an email she read with respects to Jet it would be best to recuse herself.   

 

Commissioner Lorin stated he did not feel Commissioner Joseph should recuse herself from the meeting.

 

Commissioner Alan agreed with Commissioner Lorin and felt any vote they took would not have any financial impact on Commissioner Joseph.

 

Public Comment

No public comment.

 

Commissioner Meko moved to approve Commissioner Joseph to recuse herself from the item relating to Jet Commissioner Lorin second the motion.

VOTE:

NOES -        Commissioner Meko, Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Shlain

          Commissioner Leong

 

Bob Davis stated this came before the Commission as an ongoing process that has involved complaints from individual neighbors and request by the Commission to be kept updated on the status of the venue.  He added subsequently to Jets hearing Jet acquired an attorney who has been in communications with the Commission’s City Attorney.    He added City Attorney Virginia Dario was out ill so the Commission could not be represented by Counsel.

 

Commissioner Meko asked Director Bob Davis if Jet had a legitimate Place of Entertainment permit.

 

Bob Davis stated they did not.

 

Commissioner Meko asked Director Bob Davis if Jet had a legitimate Place of Entertainment permit.

 

 

Public Comment on Jet

 

Michael Slavinsky stated he had been before the Commission before and got the impression that Mr. Bronstein would be present at the meeting.   He added ever since Jet opened in September the noise has been ridiculously excessive.   He added Vajra Granelli came out after the last meeting and came into his apartment and checked levels and gave the sound people a level to set it at.  He added he did not expect it to continued to be quiet after that and within a few hours after Vajra Granelli left the sound was as loud as it was when Vajra cranked it up to maxim level.    He added he has gone down to the venue a number of times and had spoken to Greg Bronstein personally and it amazed him that Greg has never once offered to turn the music down.   He added the only time he offered to turn it down is when he found out he and other neighbors had appeared before the Commission.   He added in the past few weeks it has not been as loud as often it tends to get excessive loud later in the evening.   He added the fact that there has been improvement was great but this was after six or seven months of working with the Commission and the club. 

 

Art Gallagher stated it was important to note that Commissioner Joseph spoke to him and stated she had a personal relationship with Mr. Bronstein and she should be commended for being upright and made an effort not to be bias.   He added the noise continues and has been going on for five or six months.   He added he would be fair in saying the noise had gone down significantly but it was still at criminal levels and were a public nuisance and their patrons disturb the peace and it continues.   He added Mr. Bronstein has been a bad neighbor and has not respected the neighborhood and the complaints.   He added there had to be some place were they all worked together but when it came to several people not be able to sleep it was not fair.  

 

Alex Austin stated she was the legal counsel representing Jet bar and Greg Bronstein.    She added she has had conversations with the City Attorney over the last couple of weeks and the understanding was the that Place of Entertainment permit could not be rescinded based only on neighborhood complaints and it was stated at the January 19, 2007 meeting.   She understood there had been neighbor complaints, although most of the complaints had been made by Michael Slavinsky and unfortunately she had to put together a transcript of threatening and exploitive latent phone message that Mr. Slavinsky left on Mr. Bronstein’s voicemail were he implicated members of the Entertainment Commission being involved in some form of conspiracy with Mr. Bronstein which she found to be distasteful.  She added she was glad to see the Commission found it to be very distasteful as well.     She added there were some things she believed the Commission could deal with regard to the public complaints; however rescinding a Permit of a Place of Entertainment that had already been given was not one of them.   She added to respectfully make clear to the Commission not everyone who complained was being truthful or honorable about the complaints.   She added the Entertainment Commission did not have the legal authority to rescind the Place of Entertainment Permit.

 

Commissioner Meko asked what her opinion was on whether or not Mr. Bronstein had a Place of Entertainment permit?

 

Ms. Alex Austin stated in her opinion November 28, 2006 he was granted a Place of Entertainment and was not able to pick up the permit on that date and sign for it and give the check and take care of the financial formality of it and the conditions had been met.

 

Jeremy Paul stated there was a letter from Charles and Salter consultants’ acoustical engineer who did investigations at the site.  He added sound system was fundamentally not the same sound system as existed in December of 2006 and substantial acoustic modifications had been made.  He added Mr. Bronstein was a good citizen and a good neighbor. He added it was a noisy neighborhood and there was a lot of ambient sound on the street and lately there has been no sound coming from out of jet based on acoustical changes and a sound limiter placed on a previous sound system.

 

Public comment closed.

 

Chair Shlain stated given there were still neighborhood complaints and things were improving he opened the discussion up for dialog as to where the Commission should proceed next.

 

Commissioner Meko stated the agenda item was carefully written and thought the issue in the case of Jet was whether or not they had a Place of Entertainment Permit.  He added at two prior meetings under the advice of the City Attorney he was led to believe the Commission could rescind their vote on a conditional grant of the permit.  He added between the City Attorney and the Director they decided to choose the language which made no sense to him to direct staff to work with the permitee if they did not have a permit to address community concerns and that they are operating without a permit.   He suggested they continue to agendize one more time something with more teeth in it possibly a resolution requesting the police department review the records the complaints and the report from our sound engineer that they were operating as a place of entertainment without proper permits and issue citations or possibly begin proceedings to revoke the permit.   

 

Commissioner Lorin stated if a law firm representing Mr. Bronstein feels they have a permit why not just have revocation hearings.

 

Commissioner Alan stated it was his understanding from the testimony they had just heard the current operation while it was operating at times as if it had a Place of Entertainment Permit i.e. with a live DJ since the last meeting they were not operation as a place of entertainment they simply had a sound system being operated by a mechanical device.  He added therefore he could not see they were operating in violation at the current time.  He added his recommendation to staff was to send the sound technician to do a final sound test if they past the sound test grant them a permit formally so that if they violate conditions of the permit the Commission had an action.  He added staff should further investigate an onsite monitoring system to have data.  

 

Commissioner Joseph stated she passed Jet about 9:00 P.M. on a Tuesday although it was early in the evening she could not hear noise coming from the door.   She added she found out they had removed their base bin.    She added when the Commission considered bad acts of the past they had to consider the mitigation.   She added if someone mitigates the bad acts and was no longer a bad actor any more it was not in their purview to deny them their permit. 

Chair Shlain stated due to the confusing nature of whether the permit has been granted he was prone to agree with Commissioner Alan in granting the permit and watch them act and if they act poorly the Commission can have a proper hearing.

 

Commissioner Alan moved to direct staff to conduct a final sound test and should the venue past the final sound test as standard procedure the permit be issued and entreat the neighbors that have complained to keep the Commission advised over the next several months.

 

Commissioner Pred stated his friendly amendment instead of a final sound test a serious of sound test at different times (three to five visits) and days of the week to be determined by Vajra Granelli a good sample of operating practice with the club before issuing the final approval.

 

Commissioner Alan stated he would accept four visits to the venue.

 

Public Comment

 

Jeremy Paul stated in interest in settling the matter and getting a new permit reissued.

 

Alex Austin stated the matter should be given a date and time for the sound test to be done by a certain date so they all knew when they would be completed.

 

Bob Davis request that Vajra be given to weeks to do that in conjunction with other things he has to do.

 

Commissioner Alan moved to approve to instruct staff to make three sound test and should the venue pass the sound test then grant the permit and instruct staff to be vigilant watch for a reaction and bring a report to the Commission at the next hearing Commissioner Lorin second the motion.

VOTE:

YES -           Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Shlain

NOES -       Commissioner Leong and Commissioner Meko

         

Item 5B Club Six

 

Bob Davis stated staff received complaints on Club Six again.  He added there were previous complaints their sound proofing redone and things had gotten better.  He added they were informed there were noise issues.  He added they asked Southern Police station and Vajra to monitor and do sound readings at the last meeting.  He added Vajra reported the sound was sufficient to violation.    He added they had been in contact with the neighbors and they were present to speak on the issue.

 

Public Comment

 

Ramon Smith stated he chairs the Housing Committee SOMPAC meetings.  He added Club Six was an issue of noise abatement and public safety and the issue has been ongoing since 2004.  He added there were 1,000 in a one block radius of SRO tenants who live near the area and have been traumatized for many years and it was a quality of life issues and the Commission should address the issues so the tenants can have their quality of life.

 

Ingrid Aquino stated she was chair of the pedestrian safety committee and has served for one year.  She added during that time it had been brought up continually about the quality of life.  She added it was a public safety issue because too many people were on the streets.   She added the noise from the club was so loud that the walls and windows shake.  She added this item has been on the agenda every month and supports that it is a problem venue.

 

James Ayers lives directly above Club Six he added he has been on project since October of 2004.  He added he met with Mr. Cruz and met with Jim Meko and Jocelyn Kane about Club Six but felt meeting did not go anywhere.   He added he hears noise until 4:00 A.M. that kept him up.    He added sound proofing has not been done and there are seniors that have lived in the building for 20 years or more and hey want back their quality of life.

 

Commissioner Meko asked him how long he lived at unit and had he gone to Mr. Cruz to ask him to do something about the sound.

 

James Ayers stated 14 years.  He added he did go to Mr. Cruz and he was unable to get a hold of him and met with security and they could not get a hold of him because they did know his whereabouts.

 

John Beheyna stated he lives at the Lawrence Hotel.  He added Mr. Cruz refusal to acknowledge peoples tights and respect tenants.  He added they have spoke with him numerous times and his attitude was let them site me I don’t care.  He added he needed to sound proof his venue.  He added the owners need to have some kind of guidelines so they procedures work correctly for everyone involved.

 

Rodd Walton stated he lives across from Club Six.  He added he was under Doctor’s medication for sleep deprivation from the sound of the Club Six.   He added there were blocked cars and violence and stabbings and robberies and sideshows and the venue creates a problem.     He added Mr. Granelli had been very good in communicating with him but his rating on sound was dependant upon how many people were in a room and was he qualified to give the reading on vibrations and the rating on frequency because it was  a different story.

 

Robert Walker stated he has been a resident for 2 ½ years and has experienced excessive noise and can’t open window without hearing excessive noise.   He added when he walked on the sidewalk he had to go onto the street due to no crowd control.    

 

Jeoflin Roh stated he use to live near the venue but has since moved around the corner.   He added when he lived in the area the walls did shake to the point of a picture jumped off the wall and crashed to the floor.   He added even though he did not live as close to the venue but he was still bothered by the crowd control and didn’t see any change.  He added twice this week he had to walk into traffic in order to go home.

 

James McDonald stated he was a former resident of the Senegal Hotel and now lives across the street from 6^th Street.  He added he was still bothered by the noise.

 

Paul Hogarth stated he worked at the Tenderloin Housing Clinic in the SRO central collaborative.   He added first and foremost 6^th Street was a residential neighborhood and there were over 1000 single occupancy tenants living in the various hotels.   He added residents had to go out onto the street because the crowds

took over the sidewalk.   He added noise continues to be a problem.   He added they have had the problem of the owner Angel Cruz leaving the doors opened at night even though his permit under the entertainment required him to keep the door closed there at all times. He added they have had community meetings and hopefully have been making progress on that front.   He added the noise continues to be a problem.     He added it was a nuisance and the applicant should live up to Good Neighbor Policy.

 

Meital Amitai stated she was the SOMA community organizer for the safety network.   And was also a facilitator for a meeting between Club Six and its neighbors on January 30, 2007.   She added in the process she interviewed a lot of tenants in the area as well as Angel Cruz and people that had been involved with the issue that has gone on a long time.  She added Angel was cooperative and showed her around and she did see that he did put an effort in stopping the sound.  She added at the same time she went upstairs to the Lawrence Hotel at 1:00 A.M. to hear how the music was affecting the tenants and from her observation it was pretty bad and it was a quality of life issue and hoped they could come up with a solution that would help benefit everyone but in the meantime the people at the Lawrence Hotel were suffering.

 

Robert Bowers stated he was the 9^th person to speak about Club Six and maybe someone could understand there was a problem.   He added he lived south of market but traveled 6^th Street to go home and when he turned the corner to go home he could hear the music all the way down 6^th Street.  He added Angel Crews had done a lot of stuff to hinder some of it but it Club Six needed work on the noise,

 

Jerry Jarvis stated he was a community activist and 6^th Street was part of his community and if it was in their community they would be standing here quickly to shove it under the table.   He added he was out there last Saturday and the noise unreal loud.   He added when you gave them the opportunity to adjust their music they would adjust it down to the level but when they were not there it is raised beyond belief.

 

Mark Rennie stated represented Angel Cruz and Club Six.  He added in the package he gave to the Commissioners he had pictures of the venue going back to the 1930’s and what they had was a fairly large nightclub that had been there for awhile.  He added when he was first in Club Six in the 1980’s and it was a punk rock establishment that had live music.   He added in the late 90’s it was developed as Club Six and was sold to his client in early 2001.  He added he was at a community meeting about a year ago and out of the meeting Mr. Cruz build a second ceiling with double sheetrock and filling all the holes and cracks.  He added Mr. Granelli did a sound test and there was no problem with the sound.   He added there was another issue because 6^th Street had a lot of pedestrian’s traffic and a lot of people coming in the area to other venues and the people make a lot of noise. .  He added what they proposed and were working on was more sound curtains and more sheetrock and locks on the limiters in both rooms.   He added there would be two sound people on staff during the evening to make sure the sound levels do not exceed what is set by Mr. Granelli. 

 

Public comment closed.

 

Commissioner Meko stated the original place of entertainment permit was granted to the club by the police department before the club came into existence and three years ago he came before the commission and asked to have amendment to expand it into the space next door he was remodeling.   He added at the time he said the loud music would be confined to the basement of the club and the ground floor would only be soft mood music as people came in before they went downstairs and was that correct?

 

Mr. Cruz stated he could not recollect what happened three years ago but he could tell him it was always his intention to have a mixed use space.  He added they run an art gallery, performances and DJ’s and plays and they did a little bit of everything.

 

Commissioner Joseph asked what they did for crowd control.   She added what they did when the people left the club?

 

Mr. Cruz outside they had barricades and two security guards that check and pat down and an additional two security guards that check and pat down that totaled four security guards outside.    He added they turn on the lights inside the club to get them moving outside once outside the majority of the security guards escort and follow folks out and ask them to leave quietly into their cars.

 

Commissioner Joseph stated even though he would put in sound curtains and the double ceiling people were complaining about vibration and how would he address the vibration?

 

Mr. Cruz stated they would have to bring in another sound tent and do more dry walling.  He added they had to find a happy medium between the level that made people happy and the level that they were operating at.

 

Commissioner Joseph stated the dry walling would not work and he would have to lower his base bin fly it in the air and get serious sound advice because it was an old brick building.  She added would he allow someone to put a screw into your limiter into his amp to prevent him from raising the amplification.    She added would he put one on his DJ mixer as well?

 

Mr. Cruz stated they have them on all their sound system.   He added he would put one on his mixer as well.

 

Public comment closed.

 

Vajra Granelli stated there was a sound test was done on February 4, 2007 and the readings inside the venue were between 93 and 95 dba.  He added the same night he was in the hotel above and the readings were lower 67 to 70 dba and you could feel the vibration of the club through the floor and the soles of your shoes and you could hear thumping of the walls.    He added on the 17^th of February he was upstairs on the second floor of the hotel and the readings were 61.5 to 65.3 and there was strong base and vibration through the floors and the walls.  He added the new space facing the right of the club was 88 and 91 dba and in the old space 90 to 93.5.   He added outside in the smoking and alley section he was getting 66.9 dba which included other sounds outside the area.

 

Commissioner Alan stated would he be able to report to the Commission if the club was in compliance or out of compliance.

 

Vajra Granelli stated the venue was out of compliance.

 

Commissioner Alan stated if they agreed to keep their sound at 88 dba and he tested it and it was 91 or 92 dba how would he character the behavior of the venue given that information?

 

Vajra Granelli stated

 

Commissioner Meko stated three years ago he asked specifically that the applicant respect the neighbors and has engaged in community meetings off and on and has been a process for over three years.  He added if the promises that were made over three years had been kept everyone would be comfortable.     He added he would like to see entertainment businesses thriving on 6^th street along side residential communities because it was the city.   He added all the work they have been doing between the community and the establishment had not achieved any results.    He added reviewing the police report of 2007 several indications were that the music was too loud or they were told to close their doors, and refused to close doors.   He added there were pages and pages of violations and had not resulting to any improvement of the quality of life for the residents in the neighborhood.   He added at this point he did not see any other solution other than the Commission to schedule a hearing to consider the possible revocation of their permit.

 

Public Comment

 

Mr. John Beheyna stated the Commission should specify what the Commission was going to do and would it be the entire license or after hours license?

 

Commissioner Meko stated the City Attorney would have to resolve the specifics.

 

Commissioner Joseph stated the Commission had to come up with a way to resolve these problems because the applicant had tried and some ways and he did not succeed.

 

Commissioner Alan stated it was not the Entertainment Commissions responsibility to design a solution for each venue if its programming creates sound that escaped their venue the onus was on the venue.  He added when the sound was moved the applicant accepts the responsibility of containing the sound.  He added they needed to clear the line of responsibility so that the Entertainment Commission did not shoulder the burden solving the problems for the programming that Club Six has elected to implement and the Commission should stand as the arbiters between the community and the venue to make sure they could be good neighbors.    

 

Chair Shlain stated public comment was closed.

 

Mark Rennie stated if they listened to the tape public comment was not closed and he objected to the ruling.

 

Commissioner Meko moved that staff begin the process of brining Club Six before the Commission to consider the possible suspension revocation of their Place o Entertainment Permit Commissioner Lorin second the motion.

 

VOTE:

YES -           Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Shlain                     Commissioner Leong and Commissioner Meko

 

6)     HEARING AND POSSIBLE ACTION REGARDING APPLICATIONS FOR PERMITS UNDER THE JURISDICTION OF THE ENTERTAINMENT COMMISSION.

 

Chair Shlain turned over the meeting to Commissioner Meko.

 

a)     Rowe, Perrin, dba AT&T Park/Acquire the Fire, 24 Willie Mays Plaza, Loudspeaker Permit, Friday March 9, 2007, 7PM - 10PM and Saturday March 10, 2007 8AM - 10PM.

 

Bob Davis stated Acquire the Fire would be held at AT&T Park 24 Willie Mays Plaza.  He added it was a loudspeaker permit for two days.  He added the application was submitted on February 8, 2007.  He added the event was the same as last year; the event was a Christian rock group that included band and speeches attendance would be25, 000 each day.   He added SFPD set up a hot line for noise complaints.  He added Vajra Granelli’s reports from last year indicated the event was corporative and southern station would assign an officer.  He added sound readings were taken prior to the event and staff contacted representatives from Dog Patch and Potrero Hill to alert them the event was taking place.   He added a number will be published for the public for noise complaints and would be manned during the performance.    He added there was a complaint last year that the sound checks started too early and staff asked that they start the sound checks an hour later.

 

Sarah Hunt stated she was the director of event production for AT&T Park.   She added the even was the same as in the past a combination of human speech and live music.   She added Friday’s event went from 7:00 P.M. to 10:00 P.M. with the possibility of music from 8:00 P.M. to 10:00 P.M.   She added they would like to do their sound checks on Friday between 2:00 PM. and 3:00 P.M.  She added they advised them to start any musical component after 10:00 A.M. due to complaints last year. 

 

Public comment

No public comment

 

Commissioner Lorin to approve the permit with the stipulation of no amplification of any kind including test prior to 10:00 A.M. on Saturday Commissioner Meko second the motion.

VOTE:

YES -           Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Leong and Commissioner Meko

 

Absent at time of vote: Commissioner Shlain

 

b)     McKee, Brandon, Neeraj, Gore, Snapums, LLC, dba Etiquette Lounge, 1108B Market St., Place of Entertainment.

 

Jocelyn Kane stated the item had been before the Commission many times and finally made it to the agenda for a non continuance.  She added it was an Entertainment Permit application to open a lounge on the first floor of the Hotel Renoir on Market Street between 7^th and 8^th Streets. The applicants operate the Element Lounge at 1028 Geary and have a valid POE and Extended Hours Premises permit at that location. The applicants were present and could tell the commission were there were in their remodel and have acknowledged that sound proofing was a high priority during the process.  She added the item was continued several times because the ABC license has been in negotiations with the SFPD and has come to and end.  She added staff had not received any updated recommendations with specific conditions from Southern station.   She added staff recommends a conditional grant of the permit.

 

Eric Whittaker stated he was the restaurant attorney speaking on behalf of the Etiquette Lounge.

 

Commissioner Alan asked if the ABC issues that were reported had been worked out?

 

Eric Whittaker stated he did not have the ABC conditions in writing and he had asked for them and was hoping the Captain or someone would be present to read the conditions into the minutes.   

 

Public Comment

No public comment

 

Commissioner Alan moved to approve the conditionally grant the permit with the standard Good Neighbor Policy Commissioner Joseph second the motion.

 

VOTE:

YES -           Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Leong and Commissioner Meko

 

Absent at time of vote: Commissioner Shlain

 

 

c)     Coen, Brendan, et. al, dba Circa, 2001 Chestnut Street, Place of Entertainment.

 

Jocelyn Kane stated it was an application for a Place of Entertainment for primarily a restaurant located at 2001 Chestnut Street called Circa.  She added the applicant applied in late November and has come before the Commission in the past.    She added there were a varity of letters from neighbors with concerns.  She added the applicants met with the neighbors on January 20, 2007 after the item was continued.  She added after the meeting staff received one additional letter indicating concerns regarding the operation.   She added there were conditions from Northern station but she was not aware if any agreements were made between the applicant and Northern station regarding the conditions.    She added staff recommends a conditional grant.

 

Commissioner Meko stated the condition of entertainment being only allowed only on Wednesday, Thursday, Friday and Saturday and no entertainment allowed after 1:00 A.M.   

 

Eric Whittaker stated that was the agreement with office Gallagher.

Brendan Coen stated they agreed with the conditions.   He added with the exception of New Years Eve he did not see it being an issue. 

 

Commissioner Joseph stated one of the complaint letters mentioned party buses parked outside and if they used party buses?

 

Michael one of the owners of CIRCA did not use party buses and they discouraged them.   He added they were a legitimate restaurant and had articles to attest to it.

 

Commissioner Pred asked if the sound system was inclusively installed up stairs or down stairs or both?

 

Brendan Coen stated loudspeaker installment would be downstairs with the exception there were speakers on the ceiling on the mezzanine level.

 

Vajra Granelli stated at a preliminary inspection their sound system was pretty basic

 

Public Comment

 

Vicki Dum stated she lived directly across the street from CIRCA and was before the Commission previously.    She added they had made improvements and she met with them and the meeting went well and she thought they were concerned about being good neighbors and would take steps to their concerns.   She added their main concern was the base issue and they did some baffling and moved it somewhat so it had reduced the noise.  She added it was noticeable late at night and they indicated they would get sound curtains installed on January 20^th and it had not yet occurred and she would like to make that one of the conditions and have more baffling done behind the base.  She added she was interested in knowing if they could get a breakdown of their liquor and food receipts as percentage matter as a basis of whether a business was a restaurant or bar.

 

Commissioner Joseph stated the ABC would do a yearly audit on the percentage of food to booze and it was their private and personal business and was not necessary for the Commission to make that public knowledge. 

 

Commissioner Meko stated it was outside the Commission prevue.

 

Rob Bailey stated he was one of the owners of Circa and they were serious about addressing the neighbors issues and there were some issues like the sound curtains that took some time to finish.  He added regardless of the percentages they have taken being a restaurant very seriously.  He added they did not want party bus at their venue and actively discouraged any party bus at their venue to not return because it was against what they were trying to do with the restaurant.

 

Todd Sacerdoti stated the sound curtain issue it was an issue that was important to them and they did commit to the neighbors they would be installed and they were installed yesterday and it was their intention to use it on nights when entertainment was being played.

 

Public comment closed.

 

Commissioner Lorin stated his friendly amendment was to attach the Good Neighbor Policy.

 

Commissioner Joseph accepted the friendly amendment.

 

Commissioner Joseph moved to approve attaching the Good Neighbor Policy Commissioner Leong second the motion.

 

VOTE:

YES -           Commissioner Lorin, Commissioner Joseph Commissioner Alan Commissioner Predand Commissioner Leong

Noes -     Commissioner Meko

Absent at time of vote: Commissioner Shlain

 

7) REPORT FROM THE LEGISLATIVE COMMITTEE TERRANCE ALAN, CHAIR.

 

Commissioner Alan stated the legislative committee did not have a quorum and therefore did not meet.   He added the fellow Legislative Committee member and alternate to attend the next meeting.   He added due to the hectic schedule of the president the alternate Commissioner Pred has accepted to sit on the Committee.

 

Commissioner Pred stated they should coordinate a meeting time because the current meeting time may not be ideal.  

 

8) COMMISSIONERS’ COMMENTS, QUESTIONS

 

Commissioner Joseph stated this past Sunday night at 715 Harrison there was a party called Glow.   She added it was a party for kids from 14 to 17 years old.  She added it was packed and the police and parents were there to assist.  She added it was a great event and the Commission should encouraged more of those kinds of events.  She added her client that would be holding a cocktail party for their 40^th anniversary at the green room in San Francisco from 9PM to 1PM and they would have a piano player and a DJ, serving appetizers and wine.  She added the labor cost was $5,200.00.   He added her client stated they would not use a city building again.   She added that’s what they were up against and why Bill Graham Civic Center was not being used as often.   She added she had knowledge there city would loose at least four entertainment venues in 2007 which was unfortunate.

 

Commissioner Lorin stated he attended youth events in the past and there were sponsored by the YMCA and Catholic Youth Organization and they did not need city sponsoring.

 

Commissioner Pred stated he was not oppose to any change in the procedure and it came as a surprise in the middle of a agenda item and thought it should come through the legislative/Executive Committee.   He added he was informed by a bartender that there was a recent ruling by the ABC that passport and military ID’s were no longer legal.

 

Commissioner Alan stated he was sad he had to vote to bring Club Six in front of the Commission because there was a part of him that wished we lived in a free for all world again but they did not.  He added he would like to take the Commissioners input guidance and assistance in creating a three or four event series using a rap and hip hop to change the messaging to our youth so that violence was not the first problem solving they reached for when they were confronted with confrontation. He added he was currently looking for venues.

 

Commissioner Meko stated Club Six was where they started to bring about the end of the neighbor nightclub war back during the 90’s.  He added it was were the nightclub kids and the group of people who later became the Late Night Coalition and the complaining neighbors got together and it was the beginning and the end of the fighting and he had fond memories and likewise felt bad about the suspension hearing.

 

9) REQUESTS FOR FUTURE AGENDA ITEMS

 

There were no items to discuss.

 

ADJOURNMENT.7:54 P.M.

 

 

Respectfully submitted by Crystal Stewart.