-- i would hate to see retail store fronts stay vacant because of what we dictated to be never actually materialized and no one else can move in. that is just my concern when we have this kind of a amendment. >> again, we're not going to talk about exactly what kind of personal services it is. we need a chance for the residents of the island to tell us what they need. and that they will be heard by the development. if they were going to bring in another high-end restaurants because that's what we most need. >> think it was kind of an oversight in the document. >> i actually think this is a

little too restrictive at this point so i am not going to be able to support this at this time. >> can you suggest anything that gets to the same answer that is not a problem? not as restrictive? >> not right now, i cannot. is this something we can bring up at a later date? does it have to be done now? >> you are approving in the de er dap so if you wanted to make a similar amendment or an alternate amendment, you have to make it now. >> i do not have an alternative, so i will not be able to support it tonight. >> you know for the staff, again about the flexibility.

i have a concern. if we grandfather any policy in at this point that is vague and can be misinterpreted, where is the flexibility to make amendments are whenever later? can the staff help me out? because again, i am concerned about the dictating. when you have a 10-15 year plan, there are changes that are going to be evolving. my position is that the residents already have this ongoing process. they're all going to be engaged in to deciding with the developer how to make this a very viable project. i think that is already built into the plan, so what do you have to say? >> so, the planning would

actually administer allowed and permitted uses and conditional uses, which you do not have authority over, but the planning commission does. this would give you some say in the sizes and types of retail that the developer anticipates putting into the spaces. again, i do not think he would necessarily have -- it would not be dictating types of retail because the retail spaces would be built probably a couple of years after you approve this plan. you would be approving a broad retail strategy. >> now that i have heard -- >> would you except a change to just make it simply asking for an assessment, because i think your point was basically to make sure that it is up to their

residence, and whenever will be put in will be relevant to their needs. maybe it can be amended to just a request -- a requirement to conduct an needs assessment. >> well, that would be good and it is a place to start, but then they could ignore it. that is the problem. i am open -- we need some kind of way to have an needs assessment guide have results. >> so we have the needs assessment and a staff. could that be measured or what kind of actions would be taken? i am trying to look at a

friendly amendment as suggested by the commissioner. if we change this to a needs assessment, does it still serve the same purpose? >> we would then tried to reason with them. >> does it still not achieve the same purpose? >> if i could buy been a little bit on this -- pipe in a little bit on this, i think i feel a little bit better about this now that i understand it. it is a public body. we're going to have a public hearing. if the developer is submitting to us the plan, we're going to have a public hearing. hopefully, we can bring the residents to our hearing.

we can hear about it and then we can approve a retail plan. i guess my concern is about how the plan is going to be, but at least it is a public process. we will have the developer come to us, a public party, at a public hearing, have the residents come to us, and then they can tell us what they need. >> the word targeted was suggested by staff. that does not mandate something that says this is what they are going to, you know, try to achieve. that is the reason that word is in the amendment. >> again, i am trying to see if i'm going to go with this plan or if we change the language,

does it achieve the same purpose? i am leaning on the staff to guide me to that. >> we just take out the words for tie dye approval. it includes an updated assessment of the needs prior to service. that means they could ignore everybody, but that would still give a good amount of leverage to the community. they could press them for what is really needed. >> i would support that amendment. the amendment was seconded. >> weight. are we going to vote on a friendly amendment? >> can i revised my motion and

see if it is ok with your second? it is the same, but deleting the words for approval. >> i actually like the approval because that is the public process that would be missing if we did not have it. >> instead of reeve -- instead of approval, how about review. >> restate your entire motion please. >> and shall civet -- and shall submit a retail plan for public review. >> second. >> any public comments? discussions? hearing none, roll call for item #7 as amended.

6 ayes, 0 no's. moving back to the regular agenda, roll call vote for item number 11. roll call vote for item number 12. 6 ayes, 0 no's. >> i guess we are done. thank you so much everyone for sticking in.

[applause]

clerk: this is the meeting of the small business commission for monday, april 11, 2011. piss if you like to speak, we have a sheet. it is 5:30. the time is now 5:34 p.m., and it is being called to order. roll call. commissioner adams? commissioner client? commissioner dooley? commissioner kasselman?

commissioner o'conner? commissioner yee riley? item number two, the presentation of the small business commission is to begin of honor, recognizing in local small-business. >> is my honor to present -- it is my honor to present ms. petersen so the weekend recognize her with the small business recognition reward. as you know, they have been very active on the divisidero corridor and assisting with the revitalization of that corridor. on this monday, april 11, 2011,

the small business commission is proud to the knowledge the contribution of ms. peterson for the vitality of san francisco. mini bar demonstrates how my life and community can come together. the merchants association has become a strong representative of the neighborhood merchants and events, such as the art walk, and how they are helping the neighborhood thrives. her dedication is commendable, and she has felt give a strong foundation it, and it is sure to continue past her tenure as president. there is in collaboration with the office of work force development. it is a key stakeholder in making that program the success it is today, and i would like to thank you for your work, and also, i would like to ask you to say a few words.

>> ok. i can start by plugging the art walk. we started doing this in 2008 when mini bar started. we just did not want to be a cocktail bar. we wanted to promote local artists. it just kind of started with an idea that we have art, and there were other businesses that have are to, as well. why do we not all join together -- there are other businesses that have art, as well. we're going on in our third year, and over 30 businesses participate, and business is booming. neighbors are excited. they're going into places they have never been before. it has definitely helped with

the revitalization. we cannot take all of the credit, but it has definitely helped. there has been a positive impact. we look forward to keeping it going. but thank you very much. we really appreciate it. president o'brien: congratulations. [applause]

clerk: commissioners, you are now on item number three, the presentation of the small business commission certificates of honor, recognizing jerry sanguinetti, dan mckenna, john wong, and nick elsner, of the department of public works, for their work with t-mobile food permitting. >> as you know, the gentleman join me in recognition have completed a project that was probably a couple of years in the making, trying to get a mobile from the program together -- a mobile food

program. the gentleman behind me were able to develop the program, implemented program, and really, for the small on to conners who are now benefiting and making a living, i do not think we can thank them enough, so we recognize each of you. our commendation. also, i would just like to say that when the city be worse for small business, small business works for the city, and i just really want to thank you for that. on this monday, the small business commission is proud to make knowledge the contribution that jerry sanguinetti, dan mckenna, john wong, and nick elsner, and their co-workers, that they have made. they have been willing to take

on the structure, and they have since worked to make this program successful, and as easy to communicate to business as possible. things such as reasonable and administrative guidelines, getting stakeholders to have a fair and balanced hearing criteria, and the wisdom to hold expedite the permitting process on this day, they are helping to build this business program into a success. the commission commends the team, the bureau of streets management, for their team approach in working with the office of small business staff and look forward to a vibrant situation in the upcoming months and years, and for each of you, i just want to thank you. >> i would just like to say thank you very much. it was a challenge.

it took six months. those of you who may have worked with us, we all know a challenge. we took pleasure in getting this done. thank you again. president o'brien: we have a comment from a commissioner here. steve adams. vice president adams: i thought you guys did a great job with this. we have a truck now in the neighborhood, and i think it was a win-win situation on all sides. you did a good job and a quick job on this, so i really appreciate a job well done. president o'brien: are all of the prime spots already gone?

>> department of public works. they are all prime spots. [laughter] [applause] i am honored for the award. without the leadership of the bureau chief and the director, we would not have been able to do what we did. thank you. president o'brien: thank you. >> and i would just like to echo the statements that john said. we had a collaboration with other city agencies as well as the small business. it was phenomenal. we could not ask for better partnering. we also want to talk about supervisor dufty, who brought this to us. he tasks us with promoting healthy food choices for a divorce palette -- a diverse palette, so, again, we are

honored by the nomination, and we thank you.

[applause] clerk: commissioners, you are now on item number four, the approval of the february 8, 2010, meeting minutes, the explanatory documents. president o'brien: ok, director,

do you have a request to speak? ok. anybody got any comments to add? or can we approve the minutes? commissioner: i motion to approve the minutes. commissioner: i second. president o'brien: ok, the minutes are approved. clerk: commissioners, we are now one item five, general public comment, allowing members of the public to comment generally on matters within the commission's purview. president o'brien: any public comment? seeing none, next item. clerk: item number six, a discussion and possible action

to make recommendations to the board of supervisors on board of supervisors file number 110330, an ordinance amending the san francisco ministry of code section 6.22 public works construction contract terms and working conditions, by amending subsection 6.22e8, to further delineate due process procedures for administrative hearings on appeals by public works contractors and/or subcontractors. we have presentations by donna levitt, office of labor standards enforcement, and monique zmuda, controller's office. >> i and the deputy comptroller. the comptroller's office, and we

have been working with the city attorney as well as with the office of labor standards to recommend these amendments that are before you today. the point of the amendments is to facilitate the appeals process for both the department of labor standards as well as for the appellant. the procedures are also recommended to clarify the appeals process, and, hopefully, we will expedite the appeals process and also will encourage settlement and agreement of us sitting issues when there is opportunity to agree. and, therefore, i would just like to walk you very quickly through some of the changes. there are not a lot of them, but we do hope they will expedite the appeals process. nearly all of the changes that you have in the legislation in front of you are located between pages 8 and 12 of the

legislation, so the wording that is undermined or crossed out represents the amendment to the legislation, in starting on page 8, the certification pictures shall be made upon investigation. the word "audit" was there. once they do their investigation, they do audit the amounts that were paid to determine whether or not the contractor, the subcontractor, had paid the appropriate amount to their importing ease. it also includes the edification of the grounds that will be appended to the certificate of forfeiture, so, in other words, not just a copy of the investigation but the grounds that the office found to be appended.

on page nine, note -- page 9, there is a formal process. we have had procedures in writing for the last number of years, but this requires that we maintain those procedures and that the procedures be in writing and also requires copies to be provided to the office of labor standards and, obviously, to the appellant. the amendment also requires that the office of enforcement of for the appellant an opportunity to meet and confer with in the first 30 days of asking for an appeal, and so we are hoping that that will help expedite an agreement between the appellant and the department so there would not be any need to hire a hearing officer to go through a very laborious, linthicum and sometimes expensive hearing process. -- linthicum and sometimes expensive hearing process --

lengthy. should there not be any agreement, and then the comptroller would have the responsibility to appoint a hearing officer. which we currently do. the amendment also gives us a little bit more latitude for appointing the hearing officer and allows the hearing officer to be either someone or an attorney with experience in construction law. we pay the rent board for that work. and then, finally, it

establishes guidelines for the hearing officer process come on and the hearing officer must conduct a fair and impartial hearing and establishes that it is the appellant's responsibility by proving with a preponderance of evidence that it is incorrect, so, again, this is the process they have used. however, it is no specified in the ordinance that is before you, and then, finally, it establishes a requirement that they have procedures for unclaimed funds. so once in awhile, when there is a forfeiture that has been imposed on a contractor, and the contractor no longer knows the whereabouts of the employees, and there is no way to provide, then the comptroller would determine how these moneys would be deposited, so it does happen once in awhile, not often, but in the event that it does,