what happened that night is not the owners' fault. then everything asked of them -- they have done everything asked of them since they opened 16 years ago. they installed a security system. they employed security cards inside. when this incident arose, when it began -- when they became aware of it, they called the police. after the incident occurred, they met with the police. they have done everything in their power to prevent incidents like this from happening. the problem is that incidents do happen outside of business establishments. it is not their fault. the reason that we are here today is because they're being terminated for the least. what you may not know is that a month before the shooting occurred, they were informed that there was raw sewage from

the port's sewage pipes leaking into the bay. when they became aware of that, they spent over $20,000 of their own money to replace rusted and corroded pipes of the port's that were dumping sewage into the bay. in the course of these proceedings, they realized that the ports sewage pipes are broken, that the port's sewage pipes underneath here 50 are right now as we speak leaking sewage into the bay. when they told the court this, the port did not take responsibility, and within two to three weeks, terminated the leases. we believe that this shooting, while tragic, is not the real reason that they are being

terminated here. we believe that because there have been other violent incidents in other for establishments. even inside for establishments. those establishments were not shut down. this occurred outside, not in the club. police confirmed that it did not arrive because of an altercation that occurred inside. the san francisco entertainment commission has agreed this is not the club's fall. this death, while tragic, is not their fault, and we ask you, as commissioners, that this is the time that your role can play a role. you can look at what your staff is saying and say, "is this just? is this the real reason they are being terminated? and look at why they are being retaliated against, singled out, of all the other establishments on the port. why they are being singled out.

other establishments have had incidents of violence. they are not being terminated. >> thank you very much. next speaker, stephanie dalton. >> good afternoon. i write the urban music newsletter, and i manage several working musicians in the city, and many of the musicians that i book and manage perform at jelly's, and i want to talk about the devastating loss of income that will bring to the music community because they regularly higher than and put on some great shows that never in my 16 years of me attending personally, have i ever had a problem or felt concerned.

the outgoing commissioner talked about a family, and what you have is a community of people that will be definitely displaced. it will be a tragedy to see another venue fall. i believe shelley's is the victim of

know they're busting. >> thank you very much. next speaker. jake jacobs. >> hi, my name is jake jacobs. i am a dance instructor. also a musician. i've been doing this for about as long as it's been open, about 16 years. i want to speak to two levels, one an aesthetic level. i want to reinforce what ms. dalton was saying, that there aren't that many venues for latin music and dance. everybody likes latin music and dance. this young lady can attest o'.

the crowd that attends, there's very -- rarely any problem i don't think i've ever witnessed a problem either. basically there to dance and they don't drink that much. it's not a very profitable business in some ways. taking that away will hurt many, someone speak in favor for keeping it in open for that reason. on a practical level, the port has made public statements that this is a public safety issue. i don't think it's the port's responsibility to take vengeance upon this tragic death.

joey's in a very expansive area. i would say it provides more security now than anybody else. you know, there's no people patroling the parking lot. it can't be responsible for every bit of area around it. it is in a fairly separated area. joey's did provide the security and that was validated also by the entertainment commission when they spoke with the bay view police. the entertainment commission removed joey's permits. they have every right to take it away. i think now they have even even have the power to shut down the club. but they went through 17 items with the police department, and joey's, who had a very old permit, was in compliance with 14 of them, even though that joey's original permit only had three stipulations. and the other three joey's was

committed to doing. if the police department is satisfied with the public safety efforts made by joey's, then i have to insist that the port should be satisfied as well. thank you. >> david henderson? >> wow, what a day. congratulations to the commander and all of you for doing a great job. my name is dan henderson. i reviewed the very fers lease here 16 years ago. i've been doing commercial real estate for about 25 years in east bay. also over here out of state. it's horrible when anybody gets shot. there's no doubt about that. but my understanding is i was there the day after, and the place was tagged. it was my understanding, people recognized the symbols that were spread on the trash cans.

i'm not here to make any judgments on anybody. any time someone gets hurt, that's something. i haven't gone to joey's. you want to talk about tragedy, she lost her parents when she was 12 years old. she and her three sisters are lawyers, they're the people that are the fabric of this community for generations. there's probably 20 people that are in her family with all her sisters that work or have worked at joey's. these people are san francisco. just like the giants season ticket holders. these people have been here. she has run clubs. she made all five of bill graham's clubs. hired and fired every waitress. every time i've got to joey's, there's two guys standing outside. she has had a lease one year at a time for 16 years.

and yet she spent over a half million dollars on your property. i'm in commercial real estate. we can all do the math. divide it by 12%. that's the money. i don't know about the types. i'm not aware of all that. but certainly i'll review it. and no doubt, tragedy is tragedy. but that has nothing to do. that's outside. we go and walk over and see giants, whatever venues, whatever is going on with the venue. when you have that big of an expansion, what are you going to shoot? the people are going to come to an open area. they said two guys showed up, a guy was drawn out, so he had nothing to do.

they don't recognize -- they didn't recognize who the guy was. it wasn't like he was a regular there. they have nothing to do with joey's. an incident happened in their restaurant bar. so i know san francisco. they have a place in the mission. they took a shot down there. it provides a good, safe environment. a bad incident happened. >> we're talking about the builder? >> i came from sacramento. actually, part of sacramento. we have a strong and salsa-type music following. so a lot of us came down here in

san francisco to joey's specifically on sunday's. so i know as far as all my companions from sacramento that we really enjoy jelly's. and we'll certainly regret it. all of us have felt safe at joey's, it advocated a clean, healthy, fun environment. i'm not aware of the details. i don't believe this is something that was due to joey's and their way of operation. i'd like to express my support for continuation of joey's. thank you. >> for public comment -- >> good morning. i'd like to speak about the waterfront land use plant study.

>> this is situation is intolerable. to break up a club and put up a tower, which is against the waterfront plan use specifications that they should connect the land to the bay is crazy. they speak out of two sides of their mouth. that's called corruption. this is not about money and greed. hundreds of car garages is wrong.

it's an already difficult situation we have now, so how could you approve a plan like this? it's ridiculous. all we can think of is what's behind all this. and so we urge you to retract that and go back and study this. this is disrupting the whole waterfront. secondly, last night my son called me to say, gone to berlin. go outside and see how it's turning around. this is not right, especially with the historic ferry building. i tell you when you're right most of the times in waterfront. they've done a beautiful job.

all these renovations got done. this is so badly flawed. it's not what the people want. so please go back and review this and see that it's not right. especially with the waterfront plants with the bay. it's not right to block the buildings that we live in. so please, go back and go to the drawing board and see that it's a wrong decision. thank you. >> lee radder in. >> radner. >> good afternoon, commissioners. lee radner from golden gateway, executive director.

i have some material i'd like to read. they sent out an alert this morning. we'll try to read it in the three minutes allotted. he has joined our neighborhood coalition partners and otherings as a party to a lawsuit that has been filled -- filed, excuse me with the san francisco superior court on wednesday, august 18, 2010. the legal action filed against the city was precipitated in our view by the violation of ceqa. our attorney's legal interpretation of the coalition lawsuit is described in the following paragraph, and i quote. ceqa applies to any action that may have a significant environmental impact. it is important that environmental review occur as early as possible.

it's not just a prow forma rubber stamp of a project that was already approved. the california supreme court recently ruled that actions short of an official project may be illegal if they move the project momentum significantly forward. the city of san francisco has, in my view, violated ceqa and allowing the planning commission to adopt a resolution that "recognizes the design principles and recommendations of the northeast embark der row study for new development in this area." without first satisfying an a.i.r., it has guidelines for site design, articulation and quality materials based on the planning commission's "recognition" of the study. the port of san francisco to consider the principles and

recommendations in the study as part of its review of proposals and improvements. after that happened, a revised application for the eight washington project incorporated increased heights recommended by the study. the lawsuit requests that the san francisco superior court issue a mandate ordering the planning commission to rescind its action taken relating to the study and to refrain from further consideration of the study and its guidelines until an e.i.r. is certified. the community coalition includes neighbors can reserve the waterfront, telegraph hill, golden gateway tenants association, the san francisco neighborhood network, and the san franciscans for reasonable growth. i might add today, i've got twole cas of other groups who have asked to join this coalition. i want to thank you. in the meantime, i have provided the petition and the press

release that we provided the community. i have three copse for the commissioners and one for ms. moyer. thank you. >> any other public comment? motion to adjourn? >> so moved. >> second. >> all in favor? >> aye. >> thank you.

>> there has been an acknowledgement of the special places around san francisco bay. well, there is something sort of innate in human beings, i think, that tend to recognize a good spot when you see it, a spot that takes your breath away. this is one of them. >> an icon of the new deal. >> we stood here a week ago and we heard all of these dignitaries talk about the symbol that coit tower is for san francisco. it's interesting for those of us in the pioneer park project is trying to make the point that not only the tower, not only this man-built edifice here is a symbol of the city but also the green space on which it sits and the hill to which is rests. to understand them, you have to understand the topography of san francisco. early days of the city, the city grows up in what is the

financial district on the edge of chinatown. everything they rely on for existence is the golden gate. it's of massive importance to the people what comes in and out of san francisco bay. they can't see it where they are. they get the idea to build a giant wooden structure. the years that it was up here, it gave the name telegraph hill. it survived although the structure is long gone. come to the 1870's and the city has growed up remarkably. it's fueled with money from the nevada silver mines and the gold rush. it's trying to be the paris of the west. now the beach is the suburbs, the we will their people lived on the bottom and the poorest people lived on the top because it was very hard getting to the top of telegraph hill. it was mostly lean-to sharks and bits of pieces of houses up here in the beginning. and a group of 20 businessmen decided that it would be better

if the top of the hill remained for the public. so they put their money down and they bought four lots at the top of the hill and they gave them to the city. lily hitchcock coit died without leaving a specific use for her bequest. she left a third of her estate for the beautify indication of the city. arthur brown, noted architect in the city, wanted for a while to build a tower. he had become very interested in persian towers. it was the 1930's. it was all about machinery and sort of this amazing architecture, very powerful architecture. he convinced the rec park commission that building a tower in her memory would be the thing to do with her money. >> it was going to be a wonderful observation place because it was one of the highest hills in the city anywhere and that that was the whole reason why it was built that high and had the elevator

access immediately from the beginning as part of its features. >> my fear's studio was just down the street steps. we were in a very small apartment and that was our backyard. when they were preparing the site for the coit tower, there was always a lot of harping and griping about how awful progress was and why they would choose this beautiful pristine area to do them in was a big question. as soon as the coit tower was getting finished and someone put in the idea that it should be used for art, then, all of a sudden, he was excited about the coit tower. it became almost like a daily destination for him to enjoy

the atmosphere no matter what the politics, that wasn't the point. as long as they fit in and did their work and did their own creative expression, that was all that was required. they turned in their drawings. the drawings were accepted. if they snuck something in, well, there weren't going to be any stoolies around. they made such careful little diagrams of every possible little thing about it as though that was just so important and that they were just the big frog. and, actually, no one ever felt that way about them and they weren't considered something like that. in later life when people would approach me and say, well, what did you know about it? we were with him almost every day and his children, we grew

up together and we didn't think of him as a commie and also the same with the other. he was just a family man doing normal things. no one thought anything of what he was doing. some of them were much more highly trained. it shows, in my estimation, in the murals. this was one of the masterpieces. families at home was a lot more close to the life that i can remember that we lived. murals on the upper floors like the children playing on the swings and i think the little deer in the forest where you could come and see them in the woods and the sports that were always available, i think it did express the best part of our lives.

things that weren't costing money to do, you would go to a picnic on the beach or you would do something in the woods. my favorite of all is in the staircase. it's almost a miracle masterpiece how he could manage to not only fit everyone, of course, a lot of them i recognized from my childhood -- it's how he juxtaposed and managed to kind of climb up that stairway on either side very much like you are walking down a street. it was incredible to do that and to me, that is what depicted the life of the times in san francisco. i even like the ones that show the industrial areas, the once with the workers showing them in the cannery and i can remember going in there and seeing these women with the caps, with the nets shuffling

these cans through. my parents had a ranch in santa rosa and we went there all summer. i could see these people leaning over and checking. it looked exactly like the beautiful things about the ranch. i think he was pretty much in the never look back philosophy about the coit. i don't think he ever went to visit again after we moved from telegraph hill, which was only five or six years later. i don't think he ever had to see it when the initials are scratched into everything and people had literally destroyed the lower half of everything. >> well, in my view, the tower had been pretty much neglected from the 1930's up until the 1980's. it wasn't until then that really enough people began to be alarmed about the condition

of the murals, the tower was leaking. some of the murals suffered wear damage. we really began to organize getting funding through the arts commission and various other sources to restore the murals. they don't have that connection or thread or maintain that connection to your history and your past, what do you have? that's one of the major elements of what makes quality of life in san francisco so incredible. when people ask me, and they ask me all the time, how do you get to coit tower, i say you walk. that's the best way to experience the gradual elevation coming up above the hustle and bustle of the city and finding this sort of oasis, if you will, at the top of the hill. when i walk through this park, i look at these brick walls and