>> i tried to give suggestions to bodies when appropriate and it is appreciated. i do not know if ms. kane acan commit. i do not think she can. what this commission can do is table for two weeks and direct the entertainment commission, my parties, and the property owner to engage in settlement negotiations and see if we can settle this among ourselves and come up with appropriate conditions and report back to you and you can take a vote. >> we continue for two weeks and allow those discussions to take place. if ms. kane does not have the power to back to the board, it might require a vote of the board. if they could do that. do have some comments?

>> i do not know that -- i do not know what the settlement negotiations would mean. the entertainment commission cannot take action. it is suspended to us. she would have to do in the context of a public hearing. >> it would come back to this board and we would discuss with the staff of the entertainment commission with the applicant and our folks and we report back to president garcia and the board and you can take a boat. >> she can take it to her board and gets it codified or something that her board is willing to go along with with that kind of settlement agreements put in place. there would be more process behind this. everything is clear on what would take place? >> some of the terms or to ask the entertainment commission to hold a hearing, that could be something that she could take back to her commission.

anything affecting this person has to be decided by this body. >> it would be. you would act and we would discuss with the entertainment commission, with the property owner and we would take all steps necessary and it could do it that way. you would retain jurisdiction on the appeal and we would settle within two weeks. >> if we vote up or down to overturn this permit. it is in the interest of the permit holder for us to continue and have these discussions take place. it is with the cooperation of ms. kainane. i unless another commissioner feels differently, it seems

like a fairly elegant solution to the problem. you're shaking your head. >> i am sorry. what i am confused about is we have had to hearings already on this and this has been a third on the same. i do not believe there is any more information to come forward. i do not believe there's any more negotiation that could happen. i hope i am not speaking out of turn. we were talking about process earlier. and now we're talking about going back and doing another conversation with the same parties with the same information. the breaks that have been provided to you, there's everything there is to say on this. >> i do not think what is on here as conditions would solve the problem. are there other ways? we advanced the idea of a sunset or some sort of action that

happens to see of these work. we're skeptical and there may be people who vote no on the permit. we do not believe -- >> we do not know what we do not know. >> is there a mechanism -- quex the mechanism you have bront out which is a review in six months is perfectly understandable and more elegant to me that we now we now as opposed to not knowing what we do not know. if there is some way to embed this into your decision, put it in as a condition of the permit. whenever the methodology is, if you can find it to have a review. whether these conditions solve the problems. we come back and have another conversation. it makes sense to me. >> i am not skeptical. i am optimistic.

there are multiple conditions on this permit. hopefully the address the issue. there was a process they went into coming up with these conditions. maybe it is over the top to have to security guards. her nose? it may be perfect to address the concerns. this is an effort that a lot of people put a lot into. as the permit holders rep, give it a go. if we could embed the six months, is that not feasible? >> i am happy to research this question. these are not permits the you could not grant this as a six- month permit. it can grant or deny it. you could not make expire after six months. >> that is not what we're doing. >> you're trying to remanded.

-- remand it. the entertainment commission monitors the client -- complaints and would be responsible for suspending or revoking if there was a violation. >> what we're trying to achieve, what i am trying to achieve and i heard the same from other people. some mechanism takes place and we will hear from you again as we heard from everybody else. this is a chance. to continue it so we get some reassurance that your commission is willing to sunset. it is not willing, two weeks from now we will have a bunch of time you think you need. we take our up or down vote. >> can ask another question? >> i do not think i have communicated that. >> i'm not sure of understand what you mean by sunset. >> after some stated amount of

time, we have indicated six months, we have a different review of such that the permit would be revoked. you have revocation powers. >> we do. >> it would be revoked if the problems, if there is enough substantial evidence that the problems persist. >> i can tell you we would do that. we would do that sooner. we will know fairly quickly whether these conditions are working based on our ability to enforce with our enforcement officers. the neighbors letting us know that -- if these conditions are solving the problems are not. >> i misunderstood earlier. i thought that what you said is you could go back and see if the conditions you had placed upon it were in place.

>> they are there. >> it is not operating yet. >> we know the conditions are there. >> i understand that. when you have been asked about it, you did not say that -- if the conditions are not there we can find them and make sure the conditions are there but you did not go beyond that and say if the problem is not solved, we can revoke. those were the magic words for me. >> i apologize. we have suspension and revocation powers, absolutely. >> ok. before we pull the trigger. unless somebody had questions. >> the problem we have with this gentleman's proposal is what is going to happen in three weeks, we come back again in three weeks and again in three weeks. meanwhile he is losing money every day even though he has done what he has been asked to

do. on the other hand he is more than willing to submit to six- month examination. he can keep because so much of this money transfer is computerized. he can provide accurate records, how many customers he had between 2:00 a.m. and 4:00 a.m. and how many people were there or whatever. i know it is getting late in the evening but my comment to this tillman is i do not think there is any way to settle it. he does not want it open. he wants to open. he was granted the permit. that is the bottom line. in three weeks will be back again. >> the board has heard what they had hoped to hear. i think we're ready to entertain a motion and to vote. i think this is probably not necessary. does someone want to make a motion?

knowing full well that the entertainment commission has powers of revocation, intends to monitor the situation closely, knowing the concerns of the neighborhood which seems to be legitimate, reasonable concerns and the concerns of very many people as attested to by the number of signatures we have received. given the fact that this gentleman has been out of operations for some portion of his operating hours for a while. i move that we uphold the entertainment commission approval of this permit. to operate under the conditions they have set forth we cannot demand or add to. >> can we recognize that ms. kane has volunteered to ask her commission to hold a hearing in six months and the permit holder has agreed to show data of

activity during those hours and keep track of the number of customers that are there? these were recognized -- these commitments were made publicly. we cannot commit the commission to hold a hearing but the staff has recommended they would do that. >> the board urges the commission to urge a whole -- hold a hearing on the status of this location and permit. >> and granting the permit the board needs to say why it has found the permit was not warranted under sections 1-4 and section 10 60.5. if you want, you can reference the reasons for the subsections in the entertainment commission is brief. >> thank you for completing that

for me. who is writing that down? >> tharoor after i watched the video. >> everybody heard and understood? >> deny the appeal and uphold the permit on the conditions -- on the basis stated and also to urge the entertainment commission to hold a hearing in six months on the status of this permit. the motion was made by the president. vice-president huang, aye. commissioner hurtado, aye. >> the motion is passed. we have no further business. we can adjourn. president garcia: all right. [gavel]

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>> okay, let's get started. welcome. this is the regular meeting of the board of education of the san francisco unified school district for february 28, 2012. it is now called to order. >> [roll-call]

>> please join me in the pledge of allegiance. i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation, under god, indivisible with liberty and justice for all. >> let's move on to item a, approval of the board minutes from february 8, 2012. >> so moved. >> second. >> any corrections? roll-call.

>> [roll call] 5 ayes. >> presentations to the board of education, superintendent's report. superintendent garcia? >> on a positive note, as of this week, we have the opportunity to acknowledge school administrators and later on we will recognize them. the first week of march is identified as the week of the administrator and we want to send out kudos to the principals who are critical to make innovation and exciting things happen and i hope to be extremely supportive of our teachers and everyone who creates the magic at a school site and the ones who won the

bureaucracy as well. -- who run the bureaucracy as well. it takes a big team and we appreciate it. [applause] this meeting, i think i can speak for the entire board -- we hate having this meeting every year. talk about the tradition i think the state of california would break, it's the tradition of layoffs. we're finally closing the achievement gap in the school district and showing phenomenal result out there. our whole community is coming together to make sure we care about all children and then we have to give out layoff notices. it's a tragedy the state cannot find the resources to care about our young people. today, as you know, and the last couple of years, we cut over

$113 million of our budget. this year we are faced with the potential of having to cut another $83 million over the next two years. that's even as the governor's tax initiative passes. if not, it gets up into the $120 million range. the budget was based on a $9.2 million deficit. as you read, the state revenues are projected to fall even shorter and the estimate would be an additional $6.5 billion. -- we used to say don't worry, things could get worse, but you almost hate to say because everytime we say it, they do get worse. when you look at all the different things we are having to do to get through these financial budgets, we are in the midst of negotiations and we are looking at next year, what are we going to do, and if you have

a clear out of the woods, we've got to tough years ahead of us. the layoff procedures are not any thing dictated appear by anything standing before you. we have to look at if worse comes to worse, and even if these things passed, we have not negotiated any thing. we have to come up with a number that has to be large enough that we can show fiscal solvency. we just had our bond rating last week. we have managed to stay with a good bond rating and the bond traders looked at whether you can handle your debt. what's the plan when you are going to have an $83 million deficit coming your way? it's a horrible situation, but at the same time, we will get through this. it is going to take time and a

lot of energy. if the entire state of california was as good as san francisco as supporting students and if everybody did that in the state, we would not be in this mess. unfortunately, we are our own country and san francisco where people care enough to support us. everybody, all of the -- all of the parents -- the real enemy in this situation where we have to focus to make a change is we have to get a structural situation that actually focuses on education. we are now 48 or 49th in the country on how much we spend per student and we cannot keep doing this. i need to tell you that we

apologize for having to go through this. this is by no way talking about this honoring the work everyone is doing out there. we know that you are doing a fabulous work but we unfortunately have no choices. i'd read this evening, but it is something we have to do to show we are fiscally solvent, but otherwise we open the door. there are over 122 districts right now already under watch and may be taken over by the state because they are physically and solvent. if it is tough to solve things ourselves, i imagine having the state come in to try to solve the problems. they can't solve their own problems. it is tough, but we have to stick together to make this happen. thank you very much. [applause] incidentally, tomorrow, i'm

spending a couple of hours with a group of superintendents in sacramento with the governor to share with him what's going on in the state and how really does affect the schools in our communities and above all, what it does to our children. we are going to have a lively discussion tomorrow. >> thank you. let's go to the next item, recognition and resolutions of commendation. we are going to be picking up the school administrator resolution here. is there a motion? >> so moved. >> second. >> a reading by the superintendent. >> it is my pleasure --

[laughter] it is my pleasure to read this recognition. whereas the school administrators are passionate, lifelong learners to believe in the value of quality public education and whereas the title school administrator is a broad term used to define its many educational leadership posts and others are considered a will legislators and whereas the san francisco unified school district has principles, assistant principals, supervisors, program administrators, and child development site managers and, whereas, providing quality service for student success is paramount for the profession and, whereas most school administrators began their careers as teachers, the average administrator has served in the

administration for a decade and most experience is beneficial to effectively lead public education and improve student achievement and, whereas, public schools operate with lean management systems across the nation. public schools employ fewer managers and supervisors and most public and private supervisors, including utilities, construction, publishing, and public administration and, whereas school leaders depend on a network of support for school communities, followed administrators, teachers, parents, the students, businesses, community members, board trustees, colleges and at universities, community and face-based organizations, elected officials, a district and county staff and resources to promote ongoing student

achievement and success and, whereas, research shows great schools are led by great principles, these sites leaders are supported by extensive networks throughout the state and, whereas the state of california has declared the first full week of march as the week of the school administrator and, whereas the future of california's public education system depends upon the quality of its leadership, therefore, be it resolved the board of education recognize the first week in march as school of the minister's weak in the san francisco unified school district and commands highly all school leaders of this district for the many contributions they make too successful student achievement. mr. president? >> yes.

>> we are very honored this evening to announce we have a number of administrators to have been recognized by california's school administrators specifically for region five. we own the of these awards, as you will soon see. i would like to recognize our president and the superintendent, i would like to join him to recognize our award winning administrators. >> good evening, commissioners, mr. superintendent, members of the public. this is my 13th annual trip to the podium for the last 13 years to join in this annual celebration of the week of the administrators. we have some really wonderful

candidates to introduce it to you this evening. but first, i would like to ask all members of the administrators union if you would please rise so that we could give you a round of applause. [applause] thank you. as the board knows, we have to under 34 members of our union here in san francisco. they work every day for the betterment of our students, schools, teachers, parents, you, and the community. i believe mr. bush meant that it all and his resolution. i'm going to share my time with our vice president to have a couple of comments. >> thank you.

>> i'm be vice-president of the united administrators of san francisco. i'm so proud to be appear tonight. these administrators swept the region five awards. san francisco check every category. [applause] they provide such beacons of hope in many of our communities beleaguered by these tough economic times. we are so proud of the robust work done in all of our schools by the administrators that we are grateful for their leadership. next, i would like to introduce carol who will represent not carol who will represent not only san francisco unified, b