. >> john malmouth from the city attorney's office. the item on the agenda is not for action so the actual selection is not before you. this is still just a discussion item. >> so i'm confused. >> me, too. >> does that mean -- i thought that this body had the -- or do you mean it's just not listed as such and we can't take action until january? >> correct. while the bic has the authority to authorize the contract, the way it's been -- the way it's angendized for today's calendar does not allow you it take action today. >> so we can post it as an action item. >> correct. >> parliamentarian. >> well, actually, the buck stops here with me. i was under the impression we're taking action on this today. i have it apologize to my fellow commissioners, that was the whole idea we were going to discuss it here today. so, with that, can i amend that now at this stage? no? >> no. i think the options that are available to the commission if you want to act on this quickly is to schedule a special meeting and find a date in january. i think there is

. >> john malmouth from the city attorney's office. i was going to suggest as part of the commission's consideration that you address the fee issue that came up. seems to be some consensus on that, that that might be something that you could delegate to the staff to find an appropriate fee structure. if you do that now it would potentially avoid having the legislation come back to you after that is addressed by the board of supervisors. >> you know, my comment there, this is a good outreach program. i don't know why we can't have a certain period of -- i don't know how the acting director feels about this or dan, but why we can't have no fee for this for a certain period to encourage hotels to move forward. but that might be outside our privy. but at least structure a fee that's a flat fee, a not to exceed fee. >> i remember we actually did this for small businesses when we were trying to encourage them to change their signage. >> yeah, that was the one --. >> in certain districts but i don't see why we can't make this particular situa