tv Government Access Programming SFGTV February 12, 2019 7:00am-8:01am PST
sidewalk. truthfully i am not going to lie. i cannot facilitate what happens at burger king, but around our area we are going to get everybody out. that is also the crowd. responsible for the garbage area. >> we have cleaners come clean it up all of the time. we have daily cleaners every day. >> i want to back up for a minute. my sense is that i got to tell you that my experience on this commission is we opt to believe and trust our applicants. i rescinded my question earlier because i wasn't clear if the deputy director said fire told you to close or not. in fact because i heard it from the officers you were specifically told to close. what i find incredibly alarming.
do you want to rethink your answer? >> can i speak now? >> you bet. >> during that hearing, i am not trying to lie. i was not there. ir was told by my contractor i could keep it under 49 people. >> no. the night fire showed up. >> i was not there. >> okay. >> when i found out sunday morning when we had the food and everything. it is a bunch of us. we had 20 people in the party. we will do a friendly party just between us. >> let me speak to that and your counselor can advise you after the fact. this isn't your living room. this is a publicly licensed premises by law opened to the public anytime between 6:00 a.m. and 2:00 a.m. you are open to the public and operating. i would caution you from quote
unquotes inviting friends in and having an informal event because this is licensed by the stated of california as a public premises. >> we are not opening until we get everything complete. >> i understand that. no matter how we slice this you are in violation. if you want to argue it is friends, that is against the law. if we want to say fire told you not to operate and you did anyway that is against the law. the concern i am having tonight and i have heard hundreds of these hearings. if today was your game day, you are off your game big time. i don't think you were well prepared. a lot of your answers are tough speaking for myself to really buy into. i do want to have the police department come back up. i will hold off until then.
i am done. thank you. >> all right. so i do have thoughts here. the first thing i wanted to commend the richmond police department for their liberal stance on this issue. i think it shows an incredible willingness to work with this permit holder given the circumstances and to make recommendations to actually approve this given the circumstances. it is nothing we have normally seen from the police. i think it shows this body has the power to do a lot of good working alongside the police. thank you for that. the main if you boil down what we do here, it is our job to make sure nightlife is safe, responsible, not a nuisance are important but safety is the key issue. there are a lot of red flags tonight for me working with
neighbors and noise complaints and to some degree, you know, crowds that can sometimes get unruly, all of that is manageable when people are unsafe. that is where i get personally nervous. that is where the most is at stake. the fact you were willing to operate immediately after being told by the fire that you should not be operating for safety reasons shows a blatant disregard for public safety officers and sets off a lot of red flags for me. however, i think for a year you have been operating in violation and i think that for me personally possibly the best way to get to you the idea that you need to be operating responsibly is to bring you under our regulatory system here, and i
hope you understand and i don't need an answer from you. i hope you understand since we have been fully staffed with our inspectors that they are in the field constantly checking and you are going to have a constant microscope on your business and it sounds to me like you haven't been in your business as much as maybe you are planning on being, but you know the idea that you could have almost nightly visits to make sure you are in compliance anding in compliance is something you need to understand. if and when we do vote on this you could be opening up a can of worms for yourself that you may be didn't expect. thathat is a lot more scrutiny n the police and fire have been able to give you art this point. i want to make sure that is understood. i don't have any specific questions. we want to bring up the police one more time. are there any more specific
questions for the permit applicants? have a speed and the police will come up with further questions. >> officer bryant, now that you have heard i guess for lack of better term the applicant's rebuttal, what is your reaction? >> my rebuttal is basically we have been here with them for a year. we have been trying to get them to get permits from the entertainment commission to bring them unyour scope because to the point it is really only us and the fire department which is of later been trying to get this under control. the applicant hasn't been able to. the security plan they are talking about, we haven't seen it. they haven't mentioned it to us. my phone number direct line is posted online under richmond station. i mean there are acts of violence in the bar on
december 28th there was, i think, at least 10 people in there that broke every tv in the venue, threw bottles and broke the high end liquor. we had to respond. we are there to clean up the mess but at the end of the day it is taking public safety away from the district and focusing on one area where they need to manage their own area. >> just a couple thoughts and i want to reiterate what president blieman said. we are here to promote entertainment. we also want it to be safe, healthy, fun, and robust. to his point, i want to applaud that you are looking at the long game here. i do completely concur with the president that the only -- as counter intuitive as it may sound, it is, i believe, in the best interest to move this in a direction where they are under
our jurisdiction so that we can have a thumb on them and a very large thumb. that is all i have for now. thank you. >> i have no further questions. >> i appreciate president blieman's comments that he appreciates your willingness to support moving this forward with your conditions and so even though i feel somewhat dubious, i am confident if you guys were willing to, you know, put some conditions on it but otherwise support this knowing what you have gone through i am willing to support this moving forward so i hope that this works out for you and for the owner and for the patrons and for all of us but thank you for such active engagement on this. >> you are welcome.
>> i want to encourage you to work closely with our staff. feel very open with director wyland and/or staff if and when we move forward with this to form a game plan. we are definitely capable of working together. >> they have been working with me greatly and helping me a lot. i appreciate them. >> thank you. >> i would like to have public comment before we have further discussion. any public comment on this specific agenda item? seeing none, public comment is closed. >> i want to make a comment before we make a vote. this is addressed to mr. chang. to house a place of entertainment permit is a privilege. i have had one for my club for many years and i did whatever i could to save that place of entertainment whenever the deal with the police, the neighbors, your own staff, you know, i am
hearing fights in the bar with bottles being thrown. what happens if one of your employees get hit and it is a lawsuit to you. you as an owner, you know, you have to have not just owning a bar but to have a place of entertainment. you are bringing the general public into your line of sight and your responsibility. really, most people think when they own a bar i will get a place of entertainment, amusement park, all of these things. then they don't take responsibility and i just want to say i am hearing this. i am only one vote. you heard it from everybody, you heard it from richmond station. we don't usually hear from the permit officers. if one place of entertainment embarrasses the rest of us, it is bad. i'm glad you are up here. you will get to hear everything. to have a place of entertainment is a privilege. you have to earn it or deserve
it. you can keep it forever and be a good neighbor and run a good business as long as you maintain it well. that is all i have to say. >> to my fellow commissioners, i do want to make a suggestion that might be beneficial for the purpose of efficiency tonight. i have several options to proposal. first one we might want to consider is tabling this, allowing richmond station to review the security plan. that is one option. option two. continue the item. i would like to resolve this tonight but i am reluctant without the station reviewing the security plan. if we table it we can move forward, put them back on calendar at the end. my fellow commissioners if you are not comfortable with that i will probably recommend a continuance to allow richmond station to review the condition.
my third option if they didn't get any legs would be to i have conditions in mind that i would like to propose if we are leaning towards a recommendation. >> i think it is a good idea to have richmond station review the security plan. you said ask them if they have because they would have seen the whole permit application prior to today. >> they haven't seen it. >> all right. to keep it simpler if we don't want to get complicated with roberts rules we could take a brief recess and stay on this to allow richmond to review it quickly. >> that sounds like a plan to me. >> i saw the look on your face when i saw table it. >> it is a year. >> i would like to hear it
tonight. table it, move to the next item. >> my question is are you saying that their recommendation here on this -- their recommendations are you going to alter that. >> i am one vote. it is a great good faith effort but they should be bolstered. >> so that one at a time here the idea is to table this, take up the next item then return to this after the richmond has had a chance to review? >> i am willing to make that motion. >> do we have to vote on that? >> i will second. >> i will make the motion that we table this item and move to the next item tonight and come back to it. >> second. >> that went.
>> no tonight a as soon as we ae done with the next item. >> we will take up the next item then come back. >> is that enough time for the police department to review and understand the plan? >> probably have 15 minutes. >> is there any public comment on this specific motion? seeing none, public comment is closed. (roll call). >> we will table that. >> all right.
next agenda item. >> the second and final permit application on the agenda limited live performance permit without door entertainment for hotel via at 128 king street. applicants are coming into compliance to host entertainment in the street level bar as well as on rooftop. they have occasional entertainment inside the bar. the majority of entertainment is on the rooftop where they have corporate events weddings and birthdays with live did djs. in the time is the sound mitigation and the study support. for their plan they intend to have their own sound engineer on site when our inspector conducted the sound test. they will notify neighbors with a phone number to contact a
manager during events with entertainment or amplified sound. also are letters are support from neighboring businesses and signatures supporting the llp permit. they approve this with the conditions listed below. here is the manager barbara. >> thank you for having us here. i am the general manager of hotel via and himself with me here today is my business partner jerry leap, who works with me with a lot of people or with everybody with events at our hotel. dave o'keefe, the owner and jordan roberts from salter and associates who did the sound study. we are all here if you have any questions. >> hotel via opened in june of
2017. we are located on king street between second and third. i would like to say the o'keefe brothers have been active on king street for almost 20 years. they have a good knowledge and relationships. we have been working with them for almost five years. we are very familiar with everybody down there and we worked closely with everybody down there. even during construction when we had to be very sensitive to our neighbors down there, we worked very closely with them during that time, too. since our opening i can giv givu a brief what is around us over there. on the side next to us west side is a high rise which is four floors of parking garage and
ancestry. on the back side is another office complex that has a venture capital firm and under armor and a lot of other businesses. on the side of us on the east is pete's and pedros and momos and above them is serious satellite radio. our neighbors are also our customers. we have to be very sensitive not only to working with them but also because they end up to be our customers. we have residential buildings in each direction from us and then across the street from us is the giants' ballpark. since we have been operating there not only do we have a great relationship with our neighbors. our biggest sensitivity because first and foremost we are a
hotel. our biggest sensitivity is to our 159 guest rooms. those guest rooms are not inexpensive. anything that we do in our public spaces we have to be absolutely positive that we will not going to be bothering our overnight guests. we do a lot of corporate events. our corporate and social events range anywhere from wedding after parties to we have done a lot of events for peck companies, -- tech companies. we have done vr product launch, so we do a lot of different kind of events that involve a lot of kind of high end clients up there. not all of them involve music. some of them involve music.
some of them involve speaking. microphone speaking, but the corporate events mostly they are closing down by 7:00 or 8:00 at night. they don't go real late. we do on sundays and only a couple suns a month. we made a decision when we opened the hotel we did not want to open the rooftop to the public. one of the reasons is because we wanted to keep it as someplace special and amenity to hotel guests. we didn't want it over run and to, you know, over run the neighborhood and the hotel. we wanted to have more control over that rooftop. the rooftop is only open to hotel guests and for private events. there were a lot of people unhappy with that that wanted access to that rooftop.
we tried to come up with a plan for maybe a couple sundays a month to allow the public to have access so we decided to do the music events on the roof but we don't do them all of the time. we only do a couple sundays, not when there are giants games because we don't want to add more confusion to the neighborhood. we don't do them when there is anything at the ballpark really. those are only from 1:00 to 8:00. the reason we do them on sunday is because it is ada when the hotel -- day when the hotel guests are leaving and corporate people are coming in. we have a window of opportunity be when we are not going to bother hotel guests. they are all ticketed events so we have control over the size of the crowd and over the people that come, and then we have a
hard close at 8:00 on all of those. again, our big concern we have to be concerned about our hotel guests as we are concerned about the hotel guests that obviously, you know, reaches out to the neighborhood. we are concerned about our neighbors, too. we have a beautiful relationship with the neighbors. we love being on king street in that neighborhood. we found out early on as we were selling our hotel we were also selling the neighborhood, which is a very new neighborhood, a neighborhood note a lot of people are familiar with. as we sell our hotel and sell our neighborhood we want to make it the best. we want to put our best foot forward, create something there because we are selling it not only to the people of california, we are selling it to the whole country and the whole world as we market our hotel. we really are proud of that
neighborhood, we are proud of our business. we love all of our businesses. we have done packages with the hotel with the giants and the bowling alley and the kayaking people to put these things forward so we are always sensitive to our neighbors. we are always sensitive to inferring we do in the neighborhood. we don't want to bother anybody. we don't want to do anything with a negative impact. we love our business, customers and neighbors. when we shine the spotlight on our south beach neighborhood we want to shine a beautiful spotlight on that neighborhood. that is all i have to say. >> i have been to your hotel, i have been to the roof and your
sunday's party. i love it up there. i think i posted photos of it on my birthday party there at one time. what i worry about. i know the sound does travel on the roof. there are the beacon and there is a lot of people on brannon street and due to the conditions. we have sound that travels from treasure island and people from the hills that hear the noise. i am pretty sure that if you under salter and i know the inside has a bar closed with doors. do you plan to have outdoor speakers or when you have corporate events do you hire a sound company to bring in their own sound system on the roof or are we going to do a sound test with you're in house system? what is your plan for a sound
system under your control? >> well the sound system we have is a speaker. usually when there is music it is not loud. they don't have big loud music. on the sunday parties. we did early on when we were doing those parties we work with a bunch of different people, some of the people we didn't want to work with any more because they didn't respect what we were trying to do and sort of didn't respect the property. we have narrowed down to a few people we work with on the sunday parties. >> they bring in their own sound system? >> they bring in their own sound system. what we have done is we have a guy that we work with, and once a long time ago i got a nice
e-mail from somebody on brannon street that said we love your hotel, we want to be very supportive can you turn the base down? as soon as i got the e-mail i talked to different people and realized it wasn't the music, it was the bass. it was how that does bass things. we have a guy we work with. he has a limiter. [please stand by] e o'keef
. 'keef >> okay. >> and then, we made a recommendation for the loudest d.b.c. and the loudest d.d.a. level that they should be limited to during these events. >> so not by reading the data, but what was the data measur measurement from premise that they shouldn't be allowed -- >> yeah. it's right here. one minute. i didn't memorize it.
88 d.b.c. and 87 d.b.a. at 25 feet distance. >> so 88, and with the outside noise -- was the outside noise still loud even for the people on premise to hear, do you think? >> yeah. >> i would think 90. >> the ambient was based off of the operational hours. >> what time was this band playing? >> 9:00. it was 8:30 yeah, 7:00 to 9:30 or 10:00. >> nighttime, evening, it was kind of quiet already. so -- >> our calculations were based off of the ambient during those hours that they would be operating, and the quietest being 9:00 to 10:00 p.m., and
then, they don't operate after 10:00 p.m. >> all right. so with that, what he's saying is -- you understand what he's saying, right? your level on the premise cannot go over, you know, 89 -- 89 d.b.s. if it does, it could affect your neighbors. so you have a way to contact this to your contractor and say, does he have a meter -- keep it at that level. okay. so that would be something you have in your procedure -- >> yes, he does have a meter. >> being okay. that would be something in your procedure, something that you would not be allowed -- >> yeah, he does have a meter. >> yeah.
as long as you tell him, that's fine. at the end of the day, you're still responsible. >> well, and also, i have to tell you, i'm there all the time, too. so anybody that's going to call or come over or whatever is going to be -- i'm there all the time. it's never a part -- we have a real good neighbor policy. we love our neighbors. >> okay. thank you. thanks for coming. just trying to understand because i have not had the pleasure to go to your venue. so the roof -- i think the outdoor area is also an
enclosed area, and that's where you have the sound system? >> no. there's a little enclosed part when you come off the elevator, and then, the rest are outdoors. >> okay. so the speakers and sound system are in the outdoors? >> sometimes. the hallmark of our corporation is flexibility. sometimes our clients want to change how they setup. sometimes they setup in the enclosed area. sometimes they setup out by the ballpark, sometime they setup in on the side by the bay, so it just kind of depends how their event lines up. >> i was just thinking you might be mindful of how they position the speakers so that it's not directly directed to the rest of your neighbors. >> i can tell you that there was one time where there was different music on the covered and the different music was on the outside, and there was no bleed. it was all very contained in that area with no bleed. >> okay. we've had people complaining all the way from potrero hill from at&t park.
so sometimes music do travel just to let you know that -- maybe you are. >> i don't think that -- no, we don't reach that level. >> yeah, but sound do travel out, and when involved, just be very mindful. >> no, i am mindful, and very sensitive. if we get a call -- like i said, i did get a phone call from somebody on brannan street, and that's when i got sensitive about the bass. >> are you able to respond when this happens? >> yes, because i'm there all the time. >> okay. thank you. >> actually, i just -- i'm done with the applicant. >> no, i -- special events.
i would strike the rest is my -- >> yes. we're going to have some public comment, but just while we have you here, can you repeat the numbers you would keep. >> yes. that's two -- >> and this is off of the staff. >> this is off of the staff recommendation. >> 'cause the numbers are different on the police. >> okay. i apologize for that. i'm reading from the staff recommendation. i'm recommending we leave number two, number five, number eight, and number ten. >> okay. thank you. all right. i would like to hear public comment on this talk to the
>> yes. i would make the motion that we recommend this for approval with, as earlier stated, conditions number two, five, eight, ten remaining and strike all the rest. >> of the staff recommendations. >> of the staff. >> i second that motion. [roll call] >> congratulations, your permit's been granted. please follow up with deputy director azevedo for your next steps. thank you. all right. we'll just take a moment here. i think the officer may be reviewing the security plan. >> no, they're back. >> oh, they've returned? there they are. >> okay. thank you, commissioner falzon for your ongoing commitment to
avoiding duplication. >> i think the best thing would be to ask the officers to rejoin us at the podium. >> all right. so we were able to make it through about half of it, but through what we saw, they wrote southern police station, they wrote mission police station, another fire. they put fire and medical, non-emergency number as my direct number, which won't be staffed at that time. let's see...they talk about a valet. they don't have a valet. discrepancies in the distance that security will basically go round the perimeter, which is goes from 50 feet to 100 feet. it also says they will have 50
security. what is their -- or if they get the place of entertainment, what is the cap for that? >> for the capacity? that will be up to the fire department to determine after they get approval from building. >> do we know what it was previously? >> usually if it's one door, it's 49. >> but they had one door, and they blocked that off by doing construction without a permit. [inaudible] >> -- 50. >> i believe that's what it was when it was under comma lounge. >> i would just say there are too many issues on this that need to be addressed before we sign off and say we're good with this plan. they're talking about one for 100. that's already against what we asked for. they're saying they're going to have one at the door, checking
i.d.s, but then, they're talking about one regulating the smoking line. are they going to start changing their policy and only have one when they say they're going to have two already? there's just too many discrepancies saying no, we're going to do this, we're going to do that. it's not all the same. >> okay. i -- you know, i think that's probably reason enough to continue this for probably one hearing. that -- that sound okay with others here? i do think that having a working security plan that has been thoroughly vetted is key for this. that's my personal opinion, but i welcome anybody elses personal thoughts. >> i guess the only comment i would make is i agree with president bleiman. the only option i would put out there is if we do impose conditions, they would make precedent over the security plan.
the plan is just that. it is a plan. what i can explain to you guys just to put you guys at ease, this gentleman's a very learned counselor. it's a proven security plan. he missed a couple of edits, and that's why we've got this discrepancy. if my fellow commissioners are uncomfortable, i'm okay with that, but i do think it would work especially if we could just focus in on the conditions. >> i do have one request, tonight, in essence, when you approve a permit, you're saying that the security plan that they submitted is approved and that's a condition of the permit. >> and is there any requirement for pulling that specific part out? >> you would have to work the security plan out and say what
you want changed? >> my personal feeling is this is a great exercise for the applicant to go through and not us. >> i would concur with president bleiman, and say to continue this. >> i would say i'm done. >> so do we hear a motion on this? >> i'll make the motion to continue the item to the next meeting. >> i second. >> is there any public comment on this motion? seeing none, public comment is closed. [roll call] >> that item is continued. we'll see you at the next meeting. moving along. all right. so we have a small item to review here.
it is review and possible action to amend the entertainment commission's good neighbor policy. director, do you want to -- >> good evening again, commissioners. thank you, director weiland. i do believe this is the end result, this new updated good neighbor policy, a lot of thoughtful consideration. we approved the policy at our last hearing -- last hearing two hearingsing -- december 18 -- hearing december 18. i did notice that good neighbor policy two that was approved last time, the language contained in that policy was slightly misleading, and i think that director weiland,
deputy director azevedo and myself worked together to pull from code and really establish a really clear way to communicate some of the safety and security or responsibilities of our operators. so -- >> excuse me, sean? >> yes? >> which version are we looking at? >> 2.1.19, so 2.1.19 is the revised version. >> question. >> yes. >> on that, so you say security guard at 10:00, so what happens if the event is over at 10:00, and they needed security at 6:00? if you went by this, they wouldn't need security at all. >> commissioner, that's not changed from the version you approved -- >> well, maybe we need to
so if we're not comfortable with that, then, it's a matter of amending actual police code. >> and so that's the main change, just to reity rate, it's just an -- reiterate, it's just an item. >> yeah. it's administrative. we couldn't do that. we needed you guys. >> is there a motion? >> a motion to approve as amended. >> and do you want to -- >> no later than, including the security staff shall be placed -- and this is number two. security staff shall be placed at all entrances and exited during the period from no later than 10:00 p.m. until such time as all patrons have left the facility. >> just a friendly amendment, can we say that, et al. all entrances and exits until no later than? >> yes. >> i'll second. >> i would like to hear from the public. is there any comment from the public on this agenda item?
>> i didn't realize there were all these holes, and you guys did a great job bringing it together. it's going to make applicants more conscious, a little more responsible, and better operators, so thank you for all your work. >> thank you. all right. the motion has been seconded. [roll call] all righ >> all right. it is moved. all right. the final agenda item is commissioner comments and questions. welcome back.
>> thank you. i just wanted to say happy chinese lunar new year to everyone here and in tv land, and hope to see you at the chinese new year parade. >> oh, when is that? >> don't put him on the spot. >> when's the chinese lunar new year parade? >> the 23rd. >> okay. >> there you go. >> if i can make a couple of quick comments, i wanted to acknowledge a place that we worked very hard to make sure open, the fillmore heritage center in honor of black history month is actually having an event this saturday, the 9th, from 12:00 p.m. to 1:00 p.m. and an event to follow from 1:00 p.m. to 2:00 p.m. our chief of police is going to attend, and our mayor and
supervisor vallie brown. i wanted to just let you know that halcyon has been moving forward quite well. there's been tremendous collaboration and hopefully at some future date, we can bring them back and they can share their successes with everybody. thank you. >> i just have one thing to say. there is definitely something in the air in the city around entertainment. i just keep seeing -- it's being seeing as a cultural and economicne economic necessity for the city for the first time in my career. we literally had the police tonight recommending that a -- that a permit holder that they had reservations about should be -- should be moving forward. this is like cats and dogs living dog, red ants and black
so i'm very excite ied to be here today. >> your volunteerism is appreciated most definitely. >> last year we were able to do 6,000 hours volunteering. without that we can't survive. volunteering is really important because we can't do this. it's important to understand and a concept of learning how to take care of this park. we have almost a 160
acres in the district 10 area. >> it's fun to come out here. >> we have a park. it's better to take some of the stuff off the fences so people can look at the park. >> the street, every time, our friends. >> i think everybody should give back. we are very fortunate. we are successful with the company and it's time to give back. it's a great place for us. the weather is nice. no rain. beautiful san francisco. >> it's a great way to be able to have fun and give back and
walk away with a great feeling. for more opportunities we have volunteering every single day of the week. get in touch with the parks and recreation center so come women's network for a sustainable future . >> san francisco streets and puffs make up 25 percent of cities e city's land area more than all the parks combined they're far two wide and have large flight area the pavement to parks is to test the variants by ininexpensive changing did new open spaces the city made up of streets in you think about the potential of having this space for a purpose it is demands for the best for
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we had the contract for building 236 blot community garden it start with a lot of jacuzzi hammers and bulldozer and now the point we're planting trees and flowers we have basketball courts there is so much to do here. >> there's a very full program that they simply joy that and meet the community and friends and about be about the lighter side of city people are more engaged not just the customers. >> with the help of community pavement to parks is reimagining the potential of our student streets if you want more information visit them as the pavement to parks or contact pavement to parks at sfgovtv.org