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tv   Abatement Appeals Board  SFGTV  January 21, 2022 7:10pm-7:31pm PST

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letter from the neighbor stating that edinburgh castle's music had been operating nearly 40 hours. inspector fiorentino reported back that he believed the base is not able to emanate into the complainants building as they are alleging that it is, and he noted that they are not even located directly adjacent to edinburgh castle pub, and it would have to travel through another building to reach them. i did visit the building on january 1 and speak with the owner about the complaint. the owner assured officer welsh that he would be taking care of
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the situation, and the neighbor has taken to yelp and google to disparage the business. the next item i wanted to discuss was the midway. over new year's eve, we received 24 complaints about the venue. inspector fiorentino responded in real-time to the complaints that were made on new year's eve and new year's day and showed that the business was operating in excess of their sound limit on both occasions. while he was on-site, inspector fiorentino worked with the owner to bring the volume down into compliance, which the owner was amenable to. on january 2, the complaint came in after inspector fiorentino's shift concluded, so he was not able to respond in person, but he did contact the owner. in addition, we did receive 15
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complaints on sunday, in addition to three phone calls and three e-mails that came in to me. i did ask that midway submit a statement via e-mail on behalf of their venue. additionally, i made the following requests. i suggested a person walk out with a sound limit every 30 minutes during a show, and record their findings, and three, install a meter if they're unable to monitor the music in real-time. in addition, i learned some really good ideas had come from their conversations, and that everyone was worked with them to find their solution. he'd like to come before you all to share the details.
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i will be reaching out to invite them to attend our first hearing in february, and will also discuss the status of the implementation of our staff recommendations listed above. the next business i'd like to share with you is gestalt. they hold an l.l.p. permit, which allows indoor entertainment until 11:00 p.m. on november 15, inspector fiorentino arrived at the business and found them playing music after 11:00 p.m. and issued a violation over a sound complaint. this last thursday, january 13, i corresponded with the owner about paying for the outstanding citations, and i requested that they submit a compliance plan detailing how they would address compliance
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moving forward. the owner told me that in order to ensure compliance, he'd do the following: not allow deejays to come in randomly when he hasn't approved it, measure sound levels, and that he'd have an instrument going into the q.f.c. speakers, and that he have a mixing board so that he can control the main volume. i confirmed the plan, offered to send an inspector out to review the plans. the following day, inspector fiorentino responded to a complaint at 11:15 p.m. and observed a jazz trio playing inside. he spoke with the owner about the violation and said he'd have the trio stop performing, and then, he became agitated
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with inspector fiorentino, accusing him of disrupting the music scene in our city. to deescalate the situation, inspector fiorentino stepped outside. our main priority here is getting this permit holder to follow their current permit conditions and abide by the rules. if you have any suggestions or comments, please let us know. the last item to discuss this evening is about park lab gardens and park social, which are located on mission bay boulevard, directly across from one another. as a reminder, park lab gardens holds a j.a.m. permit, and spark social holds an outdoor l.l.p. since the last hearing, we've received four complaints about
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the food trucks playing music and disrupting the tenants in the area. since both clients have food trucks, and the complaints are anonymous and never indicate which premises are causing the problem, inspector fiorentino always visits both when he responds to a complaint. so far in january, he has visited three times. the first on january 1, when he arrived, there was no amplified sound playing. the second was january 8, and the businesses were operating within sound compliance during his last visit, and the last visit was on sunday, january 9, and while he was on-site, a complaint came in alleging music was blasting throughout several blocks in the area. inspector fiorentino was able to discredit the complaints as he measured the music as no longer than any other music coming from other venues in the
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area, and that concludes my report this evening. >> questions? comments? >> quick question. with the midway, other than that weekend, have we had other issues? >> yes -- oh, i saw a different -- none that we haven't already reported on, but yeah, go for it. >> i think it's possible, commissioner wang, you weren't here at the previous meeting. it was all condensed in two weekends. one that occurred in november and one that occurred in late december, and we have discussed those with the midway owners. >> yeah, they came to the -- staff had them come virtually
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in person, and we asked them a bunch of questions, and they assured us that there were not going to be any sound concerns, but it sounds like that didn't happen. >> they promised, but, you know, that happens. >> is there any chance that the food truck complaints are, at least for the first weekend, were actually the midway sound instead? just given that we know the midway sound travels sort of oddly? >> i think it's hard to pinpoint what is actually going on down in mission bay. you know, i also just want to mention that food trucks park in the area because people patronize them because of the [inaudible] being down there, and it may not be associated
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with the partial social or park lab gardens at all, and unfortunately, i think it just continues to be pinned on that premises specifically, and they've demonstrated on going compliance but also working closely with me to ensure that their j.a.m. permit hours are updated. the owner is really responsive, but we've never found them being in violation of allegations like their sound. the complaints are also anonymous, too, so it makes it difficult while the person is saying -- you can see in the complaint that it's saying that it's traveling down numerous corridors, but we don't actually know where the complaint is located. >> this sound seems to bounce around so much, and yeah, we know the midway sound travels, and it's -- i don't know. as for the edinburgh castle, i
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don't want venue owners being accused of violations if they're having violations that come into compliance. >> there has to be some kind of end game. we've gone out there so many times, and the police have been out there so many times, and we can only do so much. >> yeah, it seems that the person who's complaining is responding to something else entirely, and not to anything
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coming from the edinburgh castle. >> and that particular neighbor is not letting us go inside their unit, right? >> correct. >> so, i mean, without really knowing which wall it's coming from, you know, it could be coming from the back wall, you know, which is on the other side. you know, if they're not cooperating, there's only so much we can do. >> the owner of the business also asked to gain entry, as well, so it came -- there was a recommendation that our inspector visit as well as the business owner, and that was not something the resident was willing to do. >> any other questions or comments? all right. yeah, i mean, one at a time here. i think, you know, i do think we -- that in terms of the midway and some of the other
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venues, i think -- you know, i think we -- i'm proud that we erred on the side of, like, being -- trying to get people in compliance during times like these, and covid is going to be with us and we have to get back into regular life, we can't have venues that are consistently out of compliance over and over and over again,
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so we -- clearly, there's never been an issue that we've been able to find since the first very time we went in there, i think, long, long, long ago. and then, with gestalt, this was a concern when they came in, asking for their permit. the concern was are they going to follow the rules, and it seems like they're not. we're going to have to have a conversation with them and see if we can get them to follow the law. any other comments? all right. is there any public comment on this agenda item? >> operator: just going to flash the slide a few seconds
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as a courtesy. >> all right. let's go ahead and close public comment and move onto the next agenda item. i believe it's actually number 5, not 6, which is hearing and possible action regarding fluxes for permits under the jurisdiction of the entertainment commission, and i'll ask deputy director azevedo to introduce the matter, on the agenda, and i believe that's all we have. >> that's correct, president bleiman. we only have one item on the consent agenda this evening, and it's a limited live performance permit for gentilly, which is located at
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4826 mission street. there are no added conditions and no recommendations from the police department, so we are recommending to approve the permit with the good neighbor policy. and just as a reminder, this is on consent, so we were not even going to be pulling the applicant in. >> i move approve of the item on consent -- i move approval of the consent calendar. >> second. >> is there any public comment on this agenda item? >> operator: checking, and there is none. >> all right. we'll close public comment, and we can have a vote. >> clerk: okay. [roll call] >> all right. congratulations to the applicant, whoever they are. please follow up with our staff
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at your earliest convenience for your next steps, and oh, man, the next agenda item is number 6, which is consideration and possible action to adopt a resolution making findings to allow teleconferenced meetings under the california government code since -- section 54953-e. do we have a motion to approval this resolution to allow it? >> -- to make the motion. >> second. >> is there any public comment on this agenda item? >> operator: there is none. >> all right. let's go ahead and have a vote. [roll call]
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>> all right. we did it again. we can have a teleconference meeting. all right. the final agenda item are commissioner comments and questions and new business requests for future agenda items. what have we got? nothing. all right. well, neither do i, so let's go to public comment on this agenda item. is there any? >> operator: president bleiman and commissioners, there are none. >> well, it's been a pleasure, everyone. enjoyable meeting. we will adjourn it at 5:59 p.m. this evening, and we'll see you for the next one. i'm sure we'll have a jam
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packed agenda. thank you. >> bye. >> thank you. >> farewell. >> operator: thank you. have a good night.
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>> clerk: of the abatement appeals board. i would like to remind everyone to please mute yourself if you're not speaking, and the first item on the agenda is roll call. [roll call] >> clerk: so the land acknowledgement from vice president tam. >> thank you, monique. the abatement appeals board acknowledges