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.

>> good morning, everyone, and thank you for joining us. it is my pleasure to be here with our regional fta administrator and our commissioner from san francisco who sits on the metropolitan transportation commission. we have a new development in terms of the muni metro system, one of which is the beginning of the card installation system. we have nine stations that will

be receiving newgate's. and we will be adding another 19 disabled fare gates. what we are attempting to do here is replace the infrastructure that has well tapped is useful life in terms of our fair gates, and we are cobbling that at the same time with a nuclear program, which you all should be aware of and which is the regional smart card that will be used throughout the area for public transit trips in the region. the new ticket vending machines -- we have purchased 40 of those ticket vending machines. customers should be able to go to any metro station and purchase tickets that can be used on all of the systems in the metro region. they are multi-lingual machines. they speak in english as well as spanish and chinese, so we are very excited to be here today. again, 30 years worth of work that these dates have done it,

and they have done all that they can carry in over 700,000 people, and these new dates will hopefully be here in the next 25 or 30 years serving as public transportation services here in the city, getting to and from their loved ones, getting to their job, getting to education, so we do not look at these gates as just being steel and rubber and labels. we look at them as an instrument to help people achieve their dreams, and today is an important day. we expect to have the total system outfitted by the end of october. we would not be here if it were not from the parks department, with federal stimulus dollars that came to us from the fda. the project had been sitting on the shelf for quite some time here at the agency, and we were fortunately able to fast for this project through our partnership with the mtc and the clipper program, through federal

stimulus dollars that were presented to us by president obama's economic recovery program. it was clearly a partnership that got us here today, and it is i guess a signal of future unveilings we will be doing over the next couple of months over the -- with other projects that will be coming to fruition. we started this work a few years ago as it related to the clipper card. we started work as it relates to the trolley buses being rehabilitated. we have a host of projects that we are implementing at this time to get our system in a good state of repair, and today is just one of them. with that, i would like to turn it over to our regional administrator -- regional fta. >> i am especially pleased to join you here today and celebrate this wonderful partnership. this project has been forwarded with $11 million of federal stimulus dollars, and that is

only one portion of the upward of $70 million in stimulus money that came to the mta here. we're very pleased to be here today. i would analogize this project almost to that of fine wine. nothing before its time. we have been involved with translink program. we are almost there. not only did the recovery money provide and create and retain jobs across the country, it provided that additional infrastructure funding to get us over the hump. again, we are pleased to join with you today, and congratulations to both of our partners. thank you very much. >> here it is -- this is the

clipper card, so everybody, have a good look at that. i think it is a very handsome looking card. you will see the logo on all the cards, on all the machines. you just put the cards down, and you are on your way to wherever your going -- wherever you are going, and given the -- how shall i say it -- the particular special environment of the bay area, the fact that we can all get around with the same card is a wonderful thing, and mtc is delighted -- believe me, i have been there a long time. it is a great delight and a real treat to be able to have this happen today, so i hope everybody will have a chance to use the cards and enjoy it. thank you very much, and i'm delighted to be here. >> clearly, there is a group of

folks we have to recognize here. we would not be here today if it was not for the folks in the trenches with ft thec s andfmta and federal transit administration -- those are the folks that really brought this to fruition. they have a lot more hard work to do, as when you bring on any complicated technology like this. it does have its growing pains, and we will experience those, but you have a commitment from the mtc and mta that we will try to make this is painless as possible. i think it is a great day to have these new fare gauges, just another indication of how the mta is reinventing capital dollars to make sure the system is reliable and efficient and on time. we're going to have the project manager of m from theta -- from the mta take us over to the

ticket machine. they will give us a demonstration of how the machines work, and they will give us cards from the new gates. we will come back and use the clipper cards on the new fare gates.