where i come out right now is i think there are -- i have also been, however, hearing a lot of consequences here, and the loss of jobs in this economy is certainly a bellwether for me. i want to find a creative way -- i think there are ways to work around this. i am not right now comfortable that i personally know enough about the laws, and i would really value, as supervisor campos mentioned, having a dialogue in closed session with our chief economist, with our city attorney to think deeper and much broader about creative ways to solve these issues without burdening the employers in the city unduly. obviously, health care is an extremely important issue, and we need to solve for that, so i appreciate the comments on both sides of the aisle. i want to thank everyone who came out in the middle of their

day as well. so i appreciate that. i think where it differs, and i know supervisor campos and i will differ, is that i would like to do that now and in committee. from my point of view, this is not something in my opinion that we can rush into, and this is not rushing into it, but this is something i want to take the time to do it right. that would be my preference. to do it here in committee. let me say very publicly that i will commit the work to find a solution. but i would prefer to do it here in committee as opposed to sending it to the full board. supervisor campos: i appreciate your comments, and i continue to be committed to working with you. i will ask for a roll call on my motion. to the extent that there is a need for a closed session, that is something that should involve the entirety of the board of supervisors. i think that it would be a disservice to our colleagues to

have such a discussion as one committee in closed session if our goal is to really have a full discussion that actually considers the breath -- breadth of the applications. i think having that as three supervisors in committee is a mistake, so i plead with both you and with president chiu, out of courtesy to me, who is the supervisor who is the main author of this, to let this go out of the committee without a recommendation does not mean you are committing yourself to any one vote. if you decide not to do that, it is something that does not usually happen because usually, that courtesy is extended to the author of the legislation. i will ask my colleagues to sign a document that i will introduce at the board on tuesday requesting that the item be directly placed on the agenda of the board of supervisors. i would hope that, given the

effort to get along and work well together, that as the author of a piece of legislation, you would not be forced to do that, but i am prepared to do the -- that if this committee is unwilling to forward this to the full board. one thing that i would say is, president chiu, you are a co- sponsor of the legislation, and if you are going to co-sponsored the legislation, i would ask that you move it forward to the full board, and if you are not prepared to do that, i would ask that you let us know whether or not you are continuing to be a co-sponsor of the legislation. supervisor chiu: thank you, colleagues. i first want to thank everyone who has come out here today to discuss this very challenging issue. obviously, this is the first time the matter has been heard of the board, and this involves a lot of complicated issues. my colleagues and i have spent a bit of time thinking about and discussing it in recent times.

i do want to thank supervisors campos -- supervisor campos and the many community voices who have pointed out what i think is a real problem. i support the intention of the legislation. i am troubled that there are employers not paying what others are, that they are a disincentive to do the right thing, who have been limiting usage, who have not been providing notice. i am also frankly troubled at the fact that we only have 20% usage. i do not think that is acceptable. at this hearing, there have been a lot of questions that have been raised that have not been answered. for example, what happens at the end of an employee's time? do we want to have millions of dollars sitting in definitely in these accounts? is that the best thing for workers? i think we all agree that we need to amend the legislation to ensure all employers are providing notice in all

languages to all employees. there are still issued -- issues we need to discuss with the city attorney's office to make sure whatever we do is complying with federal law. that said, i do think it is appropriate, given this is only the first time we have heard this in committee, for us to hear this again in committee. thus, i would support supervisor farrell's motion to continue and not second that we move this out at this time. i would suggest that we hold a hearing next week. i understand that supervisor campos and others are willing to consider ways to make sure the legislation is tailored. the committee is where work is supposed to happen, and i have heard from colleagues -- our colleagues -- across the political spectrum who want to make sure that we handle this legislation in committee. that is what committees are supposed to do. i do absolutely intend to support some version of this

legislation. i just think we need a second hearing to do this right. supervisor campos: i have a motion to forward without a recommendation, so why don't we do a roll call on that motion. >> on the motion to refer without recommendation -- supervisor farrell. supervisor farrell: no. supervisor chiu: no. supervisor campos: aye. >> we have two nos and one aye. supervisor farrell: that said, i would make a motion to continue. i could do it to the call of the chair, for a week, whatever the preference is. i am happy to do that on the most accelerated basis possible. i am would be happy to do that to the discretion of my colleagues. supervisor chiu: i would second admission that we were to do this next week, it would arrive at the board at the same time as was supervisor campos is

suggesting -- as what supervisor campos is suggesting. >> is the motion to continue to next week or to the call of the chair? supervisor farrell: can we do it to next week? supervisor campos: to next week. supervisor farrell: ok. supervisor campos: do you have a specific date -- i think time. do we need to provide a time? supervisor farrell: at this point, giving -- given schedules for next week, i would be happy to do it to the call of the chair. do you have any issues with that? supervisor campos: ok, if we could have a roll call on that, please. supervisor farrell: aye. supervisor chiu: aye. supervisor campos: no, and as i indicated, the motion passes,

and it is continue to the call of the chair, and i will be introducing this at the next meeting on tuesday to have the item directly referred to the board of supervisors. can we call item two? >> item two, resolution authorizing the may cast ballots in the affirmative on behalf of the city and county of san francisco as owner of five parcels over which the board has jurisdiction, where this five parcels would be subject to assessment in the proposed renewed and expanded property and business improvement district currently known as the bill more jazz community benefit district. >> good afternoon. i am year to present a resolution authorizing the mayor to cast assessment ballots in the affirmative on behalf of the city and county of san francisco as the owner of five parcels over which the board of supervisors have jurisdiction, where these five parcels would be subject to an assessment in the proposed renewed and

expanded property and business improvement district, currently known as the fillmore jazz community benefit district, to be renamed. the district is in the process of renewal, and right now, the department of elections has sent out all of the ballots to every property owner within the proposed renewed district. they have also said ballots to the city and county of san francisco. the city and county of san francisco could vote on the parcels in the proposed district if the board of supervisors were to approve this resolution, which is before you. a list of the parcels in the proposed renewed district are attached, and they include five parcels that total $12,000, -- $12,747.82, representing about 3.40% of the wages within the

district. if you have any questions about the ballots for these parcels or the resolution, i am here to answer your questions. supervisor campos: colleagues, any comments or questions? why don't we open it up to public comment. is there any member of the public who would like to speak on this item? please go ahead. thanks for patiently waiting on this item. >> no problem. supervisors, i am the president of the fillmore jazz community but the district, and i am standing to ask that you support the resolution before you. as you know, we are in the process of renewal. we are going through transitions and doing the best we can to make sure to take care of the safety, marketing, and cleaning

of the area. a negative vote would basically hinder that process. we want to continue the process of making sure to keep that area safe, make sure to keep that area marketed, and make sure to keep that area clean, so we hope you all will support this legislation, and we are here for any questions. thank you so much. supervisor campos: thank you, sir. is there any other member of the public would like to speak on this item? seeing none, public comment is closed. colleagues, is there -- colleagues, this is an action item. we have a motion. can we take that without objection? >> i believe this item is going as a committee report. supervisor campos: change the motion to committee report, and we can take that without objection. call item three please. >> item 3, resolution of intention to establish the west for the community benefit district and setup a time and

place -- establish the west portal community benefit district and set up a time and place for the hearing. supervisor campos: we have been requested to continue this item, but before we take action on that, if there is any public comment, please come forward. >> i appreciate the fact that you are continuing this. you must have 30% to go forward to initiate. there were 20 to return their ballots in 2010, and there has been a recent mail out to see if those people -- if their position was changed -- was the same period -- was the same. there have not been any response is, as far as i know, so i am glad you are continuing -- there have not been any responses. supervisor campos: thank you.

any other public comment? >> i would like to offer my support of this resolution. i have lived in the neighborhood for 21 years, and i think everyone agrees the neighborhood has gone downhill. about the only improvement i have seen on west portal is that campaign office across from starbucks. this neighborhood in my opinion really needs this improvement. the whole district has been going downhill. if you look backwards, near new -- mayor newsom's famous triple play has failed miserably in all three aspects. i urge you to pass this asap. we do not need any further delays. we do not need any more delays on west portal.

it is interesting that it will be delayed. thank you. supervisor campos: thank you. any other member of the public? seeing none, public comment is closed. if we could have a motion. motion by supervisor farrell. we can take that without objection. is there any other business before the committee? >> no, there is no other matter. supervisor campos: thank you. the meeting is adjourned.

>> would you like to call the roll? er jsbr we have a quorum. commissioner perrez is an excused absence. >> thank you. second item -- first item is public comment. members may address the

commission on items of interest that are within the subject matter of jurisdiction. members may address the commission up to three minutes. at the time such item is called. is there anyone here to speak to an item or an issue that is not on today's agenda? seeing none, i am going to go forward because we will lose our quorum. i am going to take the calendar out of order. the place of entertainment -- do you want to take that? >> it is an application at 37 mission. in your folders you will find

the full application. and original photographs. inside you will find your security plan and a letter of support from the neighbors. we recommend conditional approval of this permit. >> would you like to invite the applicants up to be grilled? >> good evening. i am a business broker with business team and have been representing the clients on the acquisition of their new facility. this is harpreet. her cousin is a general manager.

welcome. it is your business and your husband is the general manager. >> my cousin. my hearing is not that good. ok, commissioners? >> one question. general manager, where have you general managed before? >> in los angeles. >> you worked at the avalon? >> that is correct. >> at the vanguard i started as a busboy and worked up to management and also here in san francisco. >> what did you do it avalon? >> i was a busboy. and at the vanguard i worked myself to a bartender and then

to assistant manager. >> of the bar? >> that is correct. >> you did not manage the general facility. >> that is correct. >> have you had experience? >> i have experience in the management field. i have managed a few businesses in my career. i have not run a nightclub. i have learned quite a bit in the last four or five months and have gone through this process and this is something we have been exploring in looking at for the last year-and-a-half. we have been evaluating and looking at and trying to learn the business. with the help of my cousin who has extensive experience has managed and knows from running the bar and the club, i have the management experience. >> have you been to shine when it was opened? >> three times. >> how long did you stay? >> until 1:30 a.m. and we have

gone. we have thoroughly evaluated and looked at -- >> i have deep concerns for people who have no experience and you will forgive me. you were a busboy and a bartender and you have worked with the bar. i have deep concerns about people who take on the news and decide to manage them and they have zero experience managing the lounge, and nightclub, where there is entertainment, any of that. all the management in the world, this is a different animal. i know -- it is a different animal. it is not like managing any other thing, including a restaurant. that is why i asked you what you did at avalon. and what you did at vanguard.

what you did there is not experience as managing the business. as managing the floor. you do not have that experience. and that is my concern. >> ok. >> thank you. commissioner? >> welcome. i echo commissioner joseph's concerns about that location. it has been a problematic location in the past and needs to be managed by someone who understands how to deal with troublesome crowds. i live in the immediate area and i have heard from residents who live in the alleys behind you that there have been problems with that location so i look to your neighborhood contacts and i do not see a single letter -- am i missing something? are there letters from actual residence? i'm not talking about businesses.

i understand aaa flag is in the area and the car wash a couple blocks away and sloan, which is another venue which is in trouble with this commission. are there any actual neighbors that you have talked to? >> i know we talked to the business and he approached so i can let him come in. >> there are no letters here. >> right. >> you have no proof that you have done any outrage to the neighbors. did you get a packet when you came in for your application, giving you some information on how you can go through a free application process where you would get -- contact the neighbors in the area. have you set up a meeting with them and listened to their concerns? you'd make note of what those concerns were and hopefully be able to reflect the solutions to

those in your presentation before us? >> i am going to let j.p. comment. >> our understanding at working with joselyn and others in the office and the current owners, there was not a problematic situation and we know of no known complaints to the department and have been -- raised any in discussions with the police on the license and entertainment commission license. we were up front in trying to proactively approaching any problems and we declined purchasing a different nightclub because we did uncover problems through jocelyn and the pitpd. we selected shine because of its seemingly good operation and clientele and we have no plans

of changing that. jt did solicit feedback giant -- and contact with residents. i am sure you can imagine there is not a lot of resonance in any area that want to write a letter -- residents in area -- in the area that want to write a letter. if there was a substantial problem, you might see neighbors coming out of the woodwork to say, we do not like that place, we do have a problem with you coming in. i will turn it over to jt to talk about any of his conversations. >> there was one resident who raised a concern about the takeover of shine. adnd what the plans were. that e-mail was cc:'d to ms. kane.

i can print out and forward to you that i did speak to her in person and she is in support of the business. and i will be willing to forward that to you. >> thank you. where is that email in our package? >> it is in there. they're not paginated. for what it is worth, that person did e-mail us as well and i believe it is a woman. i could not tell from the name. she e-mail this again to say she had met with the owners and felt great about the business and was excited to have it. commissioner meko: this is headlined for community

support and i have gone through this four times now. >> i would be happy to find it for you now and i will bring it up in a second. >> commissioner meko: thank you. >> commisioner joseph: i think the problem is that getting into a business you do not truly understand on mission street in that area, i have a problem. i think you need to make sure that you have personnel that know how to run your business because ultimately, if you do not do a right, you will be having lots of visits from the inspector grenelli and you will be back before this commission and this is a hefty investment. people who think they -- people who buy clubs are very unusual -- for unusual reasons. i promote the business.

i want you to have the club but i want you to run it right. i know that everyone says how hard could it be? human beings, your customers, are the issue. they are what makes it difficult and as nice as you are, as bad as you are, or whatever, it becomes an issue and i do not want to end up back here because you do not have the experience. i would hope you would look into finding not just someone to manage the bar but someone who could manage the room. and all the employees and everything else. >> our plan is to continue with the same employees the current owner has at this point. in addition, jt will be managing and i will be a hands-on manager as well. with that plan, i managed the news in the past having to do

with personnel. i know not in the club industry but other venues. >> commisioner joseph: it is how you deal with your customers if you have an argument. that is a great step. how do you deal with your sound? your security company cannot tell you at what levels to keep the sound so of the bj wants to turn it up, and they decide to take advantage of you, how are you going to know that? >> we understand what is at stake. i have invested a lot of money and time and effort and i have looked into this for the last year and a half for two years. i have studied and evaluated. this was the venue that we were looking for that was not too big, that was going to be over our head, and yet it was big

enough for us to get into the field and moving forward. i understand there is a lot at stake. we want to do the right thing. >> commisioner joseph: best of luck. >> a couple of questions. jt's thing in the application, with respect to the gentleman from the security company. do you do security at other places or music venues? >> yes. i am ed thistle. i have been in this city since 1996 and i have managed a couple of clubs have worked in, eight or nine different clubs before starting yojimbo. >> you have other cts