in my opinion, there actions are almost criminal, to have continued to allow what happened -- i mean, they acted in a way that is almost like it is an extension to the o.k. corral. and they did not call the police when the incident initiated, when the police could have come out and done what they are paid to do, and that is break up the situation. instead, they allow my brothers lifeless body to lie in the street as a result of their negligence and inaction. now, my niece and nephew -- and

without my brother -- do not allow them to continue to bring that devastation. they cannot do anything about my brother, but this commission can do something about this. thank you. >> thank you. we're very sorry for your loss and to the family. next speaker. >> i'm an attorney. with me is one of the owners of

the club. we are here today to talk to you about what we think is something that you may not understand what has been happening here, which is, one, we mourn the loss of the victim who was shot outside of the club, and it is a tragedy, but 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 are so many ways that the internet provides real access

to real people and resources and that's what we're try to go accomplish. >> i was interested in technology like video production. it's interesting, you get to create your own work and it reflects what you feel about saying things so it gives perspective on issues. >> we work really hard to develop very in depth content, but if they don't have a venue, they do not have a way to show us, then this work is only staying here inside and nobody knows the brilliance and the amazing work that the students are doing. >> the term has changed over time from a very basic who has a computer and who doesn't have a computer to now who has access to the internet, especially high speed internet, as well as the skills and the knowledge to use those tools effectively. . >> the city is charged with coming up with digital inclusion. the department of

telecommunications put together a 15 member san francisco tech connect task force. we want the digital inclusion program to make sure we address the needs of underserved vulnerable communities, not communities that are already very tech savvy. we are here to provide a, b and c to the seniors. a stands for access. b stands for basic skills and c stands for content. and unless we have all three, the monolingual chinese seniors are never going to be able to use the computer or the internet. >> a lot of the barrier is knowledge. people don't know that these computers are available to them, plus they don't know what is useful. >> there are so many businesses in the bay area that are constantly retiring their computer equipment that's perfectly good for home use. computers and internet access are helping everybody in the community and people who don't have it can come to us to help with that.

one of the biggest problems we see isn't whether people can get computers through programs like ours, but whether they can understand why they need a computer. really the biggest issue we are facing today is helping people understand the value of having a computer. >> immediately they would say can i afford a computer? i don't speak any english. how do i use it. then they will start to learn how to do email or how to go back to chinese newspaper to read all the chinese newspaper. >> a lot of the barrier still is around lack of knowledge or confusion or intimidation and not having people in their peer network who use computers in their lives. >> the important thing i learned from caminos was to improve myself personally. when i first came to caminos, i didn't know anything about computers. the second thing is i have become -- i have made some great achievements as an individual in my family and in things of the world.

>> it's a real issue of self-empowerment where new immigrant families are able to communicate with their families at home, able to receive news and information in their own home language, really become more and more connected with the world as well as connected even inside their local communities. >> if we value the diversity of our city and we value our diverse neighborhoods in the city, we need to ensure that they remain economically viable. equiping them and equiping residents in those areas with jobs that will enable them to stay in san francisco is critical to that. >> the important thing that i see here at caminos is it helps the low income community, it helps the women who wouldn't have this opportunity otherwise. >> the workers with more education in san francisco are more likely to be able to working that knowledge sector. where they are going to need that familiarity with the internet, they are going to find value with it and use it and be productive with it every

day. and half of the city's population that's in the other boat is disconnected from all that potential prosperity. >> we really need to promote content and provide applications that are really relevant to people's lives here. so a lot of the inspiration, especially among the immigrant community, we see is communications with people from their home country but we as much want to use the internet as a tool for people to connect within the local san francisco community. >> i think it's our job as public educators to give them this access and give them this opportunity to see that their efforts are being appreciated beyond their immediate reach. >> you have to blend this idea of community network with computer equipment with training and with support. we can pull all that together, then we've got it. >> it's as much about social and economic justice -- in fact it's more about social and economic justice than just

>> good afternoon, fellow commissioners, folks in the gallery. the date is august 10, 2010. it is 1:35 p.m. >> [roll call] i might note that commissioner ellis is excused from this afternoon's meeting. she is out of town. commissioner crowley: all right, 3. >> i might call your attention to approval of the minutes of july 13. commissioner moran