francisco. simply saying that sometime in the year 2012, 2013, 2012, that the board of supervisors should do what we did at question time, talk about details, work out a process, and that would be through the ordinance. if we set up a process in the charter, we can never change it except for another charter amendment. what if we find out that we need to reorder two steps in the process, we don't have the legislative flexibility to be able to do that. why don't we do this whole thing by ordinance? that was one of our initial feelings that we wanted to do that, for rules need to be done with the charter amendment. the charter amendment itself, taking a lot of that process out that you see before you, a version we introduced to the board, simplifying its

assailants escaped our priority here, to make sure the small business community, the medium business and the big business community can weigh and on legislation if in the controller's calculation, it would mean a net reduction in jobs. under this, the comptroller make that determination and the board would refer it to small business planning, and if there are any other relevant commissions that should hear it or the board feels like they want to have feedback, it will be an option in addition. to the extent that we have lots of departments and lots of expertise, to the extent that we would want their input on different issues, be it on wage rules or on health rules, or on environmental rules, we would send to those appropriate commissions.

leveraging the expertise that we had in the city staff level, really trying to collect that feedback in a legislative way, ultimately, when the board would consider as an alternative to a piece of legislation, that was a charter amendment in a nutshell. i am happy to answer questions. ultimately, we would ask for your support. this will go to the rules committee, amendments can be made there. as i indicated, will likely be putting forward some amendments. and that will go to the full board and hopefully on the ballot. we would ask for your support as we move through the process. >> commissioners, i wanted to thank the mayor's office for bringing this forward, i think it is an important step for the

business community. i am sure we would be able to work out the details, but i think it is a very positive step for supporting an important part of our city. >commissioner riley: this is an excellent idea to give us the time. we did not have the opportunity to see the report, and we have to make a recommendation prior to outbreak of the small business. i think it is great and i support it. >> i would agree with what -- commissioner adams: i would agree with what commissioner riley said. seeing the analytics after. it is a very important piece of legislation and i support it. president o'brien: i would like

to say that when i first heard about this, i was absolutely delighted about it. today, i went back and looked over. we hold the retreat once a year where we hold that somewhere that we are not going to be started. the retreat that we had at the beginning of 2011, one of the items on the air was flagging the concern that we had, we were being sandwiched by legislation that we felt very strongly was going to influence the small business community. recently, we had a very long drawn-out saga on the health care ordinance. the first original renditions of that was by the mayor and by some estimates would cost the city up to $35 million. which is an example of how important it is to try to get

more weigh-in from different stakeholders. it is almost like it is coming full circle to me. i want to give the mansion to the director, to chris for following up on that. the small business commission is a very important function in determining legislation that goes out there to the city. i am delighted about that. i am extremely happy to see that you have taken the idea of using this as a charter amendment and not as a procedural ordinance. i think that is the right way to do it. possibly evidenced by a recent proposal that supervisor wiener put forward to undo legislation

approved by the voters. people said, we don't want you to have that power. this is something that will avoid that down the road. the overwhelming support, the kindness and the objective behind it. if i could, this is a possible action item? with that, if there aren't any further questions from the commissioners, i would like to open it up for public comment. >> i had one question to the president. with the amendments being made, it would be, in terms of the small business commission's ability to offer alternative

proposals or legislation at the same time, will that be part of that? or is that part of the procedural elements that would be developed in the ordinance? >> that would be part of the procedural elements. if we want to take a process out, to the extent that this is a piece of legislation sponsored by the mayor, i can assure you that what he is referring to, mainly the alternative piece of legislation to consider the original legislation, it remains a priority objective. commissioner riley: i have a question for the director. it says here that we have to have a hearing within 30 days. we meet once a month on monday,

and the board of supervisors meet on tuesday. if they met tomorrow and had something to refer to us, what we have enough time? >> i think we will, possibly. it now sounds like those procedural elements will be removed out of the charter with a mandate that when there is a determination of job loss by the comptroller's office, that there is a pause button for 60 days. if there is any other conditions or -- commissions or departments that want to weigh and have the opportunity to do so. this will have the business community have time to read the legislation, and evaluate it, and weigh in on it as well. the procedural elements that are drafted now in this particular

charter amendment are going to be removed and worked out. it may look a little different than what this is. >president o'brien: what is your time frame for how long you think this will be to where you say, we have something ready for the voters in june? >> as far as the charter amendment is concerned, this is on a prescribed time line. we need to be out of the rules committee by with this by the first few days of february. it goes to the board of supervisors and ultimately the board of supervisors with six votes that have the power to place the charter amendment on the ballot. as far as the trailing the ordinance -- trailing ordinance,

is like any other produced by the mayor, and it will go through the legislative process just like a ordinance. president o'brien: we would not have another opportunity to weigh in on the charter that we probably don't need to any way, right? >> probably not, and what you can do is take a motion to approve with the authorizing staff to continue to work with the mayor's office on the final drafting of this. >> mr. president, with this precise issue in mind, we are not done with this, and i tried to describe in much detail as i am comfortable with, if the commissioners were in client, you could effectively vote to support what i have outlined at to the extent that i will share with the commissioners

informally and what i share with them, as described here. >> january 19 is the first date the charter could be heard at the rules committee. is your timeline to have the legislation ready for the january 19 rules committee? >> yes. >> at the commission can come back together before the january 19 meeting to hear this one particular item. either way. president o'brien: all right. i think what we would like here is if somebody was interested in putting a motion forward -- i keep forgetting. sorry about that. if there are no other questions, i will open it up for public comment. >> public comment will be

limited to 3 minutes. kindly state your name clearly and you can live up on the side wall. >> from the san francisco chamber of commerce, happy new year, commissioners. we're supportive of the concept of this legislation and the as you know, porop i requires the city to look at economic impact and beyond what it does in the charter. the ability of this commission to review and recommend alternatives to legislation that can have a negative impact on job growth in san francisco. a second look, a slowdown is not a bad thing. we have seen positive changes out of legislation because of prop i. we have seen positive changes on

the initiative ordinance had given a 45-day notice window for legislation being introduced by four or more supervisors and policy statements. we believe this is a step in the right direction. throughout communities and throughout san francisco, on the impact of legislation. san francisco jose elected officials believe that they are the champions of small local businesses. and you know that the vast majority of legislative actions impact small business disproportionate to any impact on large business. there is the minimum wage and sick leave mandate. it is the fis and requirements, it all impact smaller businesses much greater than they do economically or operationally.

this gives the commission and the community a better chance to review and educate supervisors on unintended consequences. we are clearly support oive of e amendments that have outlined and we look forward to working with the commissioners on the implementation of this ballot measure. president o'brien: next speaker. >> i speak in support of this proposal. a little historical perspective in 1985, a number of us started working on the small business commission. there is an advisory commission and that is what we started working on, the board of supervisors submitting legislation to select the small

business commission. this has been a 25-year project that looks like it is finally coming to pass. just some real quick comments on the proposal. i applaud the mayor, if i understood jason's comments and that will identify whether it impact jobs to the comptroller instead of the president of the board, i think that is an appropriate step. as far as tweaking, you may want to put a provision in the air that is the amount of jobs in impact. -- it impacts. you may want to put a threshold for that. the most concerning portion is the very last sentence, "the requirements of this section are directly in the failure of the city to comply with them shall

not provide a basis to invalidate any city action." i am concerned about that. if i understand it correctly, even if it isn't done, it doesn't invalidate the legislation and that needs to be tightened. all in all, i applaud the mayor. we have seen this could put on the ballot and passed. president o'brien: i thin said both the president of the board of supervisors and the city comptroller would measure the impact on jobs. >> i can clarify. in the version we are working on now, that determination will be a piece of feedback that we heard pretty universally, that is appropriate for the comptroller to decide and it conforms roughly within the existing obligations anyway.

that is the version that will be the controller. [chime] president o'brien: i respect your opinion in you have a very historical perspective. can you help me with the concern of the last line again? >> if i am reading it right, if they don't comply with the provisions, then it shall not provide a basis to invalidate any city actions. if they don't comply, it doesn't make any difference. the legislation will pass. and that is a concern. >> thank you. president o'brien: do we have another speaker on this item? jason, can we have you come back up, please?

there is no further public comment, so we'd like to bring jason up again. >> can you clarify the last sentence that he is referring to? >> yes. no, i can't. yes, i can address that, no, i can't give you the clarity your looking for. it was languages suggested to us by the drafting city attorneys. and the intent of this ordinance, i'm sorry, of this charter amendment is not to fully halt and kill legislation being conproposed. if we proposed a charter amendment that would give someone the ultimate authority to kill legislation, we would have just done that. we took a more moderated is that -- step, and this language

adddresses --- i don't want to expand to much. -- expound too much. i don't think the small business commission we adequateighed -- adequately weighed alternatives, so i will sue to a halt. it was not our intention to create a mechanism like that. this is about public process, not about killing legislation. >> will this mean that if they don't comply in terms of just bringing it to the small business commission, in this charter, there will be no problems? i am wondering what will make it

so that they can't just -- >> as with any board rule or law that governs process for the board of supervisors, what happens if they don't do it? i would refer that question to the city attorney. that is a broad question. it would be the law. president o'brien: does that mean it is standard language? >> i don't want to comment on that because i don't know. >> i did an inquiry within the city attorney on that. it is becoming standard language. commissioner o'connor: i wanted to make a comment to recommend scott for all of his work.

is it ok if i say something? as i enter my last couple of meetings, i want to appreciate all the work you have done to create this commission. the of us would be here without you. you deserve a huge amount of appreciation. president o'brien: director? are you finished? commissioner clyde: well, now i'll make my comments now that i have had some clarity on issues, and i am very supportive of this. i am happy that it has come out of the mayor's office. we have had problems with things happening a little too quickly for information as expressed by all of the other commissioners. in principle, i can support the concept of this going forward in knowing that the mayor's office will work with the business

community to make sure that it is as good a charter amendment as it can be. i think for consideration, i hope the board sees it that way. we have had too many instances in my four years on the board that things were just kind of puzzled through and moved through, and someone had to call a halt either on the president or someone at the committee level in order for legislation to be thoroughly and properly vented. i don't think there is any reason to fear a full, thorough, open vetting of any legislation that impact people's likelihoods. i would like to thank you and the mayor's office. president o'brien: can we get a motion to -- i don't want to

offer one, but i am thinking it would be nice if we could make a recommendation to support the intent of this legislation. i will leave it open to the commissioners to answer the call to maybe meeting another time before january 19. i am not so sure that is necessary. if we have an open dialogue, as he suggested with the director on the charter, we can be involved in the ordinance part later. if we can support the intent, we would like to be involved. >> i would like to make a motion to support the intent of the proposed charter amendment, and direct staff too closely work with the mayor's office on the issues.

>> commissioner, we have the motion and we have a second. president o'brien: do we need roll call? >> can i make -- excuse me. if i can make a point of clarification to give staff and the director to recommend approval. you're proving intent without seeing the language. taking what your intent is and being able to state that the commission approves. upon the director -- president o'brien: the same thing, they make the final approval of the charter subject to the director's final authorization. >> language accepted. >> i have a motion from

commissioner clyde, the motion to support the intent and direct staff to work with the mayor's office on this, to authorize the director to make a final recommendation based on your guidance. to approve, yes. i have a motion from commissioner clyde, i don't have a second. president o'brien: commissioner riley has seconded it. wouldn't we do roll call. >> on that motion. commissioner adams: aye. commissioner clyde: aye. commissioner dooley: aye. president o'brien: aye. commissioner o'connor: aye. commissioner riley: aye. >> that motion passes 6-0. president o'brien: next item, please.

>> commissioners, you are on the item number six, discussion of possible action to make recommendations to the board of supervisors, 111077, police code for commercial parking lots. amending sections 1215-12 15.4. and adding sections will 15.7 -- 1215.7 to set requirements for plants, to suspend or revoke a commercial parking permit for violation of an improved security plan. to authorize the chief of police to promulgate rules that set requirements for security plans. authorize enforcement by the city attorney in a civil action. in your packet is the file number of of what the legislative digest.

we have a presentation from the legislative aide to president david chiu. >> legislative attention, although there has been progress and a number of areas, much of the city's nightlife actually takes place in the parking facilities -- is poorly lit and contains a few other security features. the unintended and unsecured lots, which sometimes leads to illegal activity. club owners have limited control over what happens and worry about the safety of their patrons. there are many perpetrators of crimes that may even be paying

club attendees. clubs cannot be expected to provide coverage. several leaders came to a supervisor chiu and as a result, he joined with supervisor winer and -- wiener and dennis he rrera. the police department currently prohibits all parking facilities. this would require operators of commercial parking facilities to provide security plans as part of their application. if the parking facility is within 1,000 feet of an entertainment venue, certain minimum security requirements would apply. these are adequate lighting, staffing the facility until 3:00 a.m.. the police chief would have the discretion to add additional security measures as conditions

of a permit if it was deemed necessary. for example, having a history of public safety issues. >> the also pursue a civil action against the parking lot and rod sellers that failed to comply with the police cut provisions regarding commercial parking. that concludes my summary and i am happy to answer any other questions. commissioner clyde: catherine, i have spoken to a couple parking lot operators and they have very small parking lots. they are concerned about this one. it is adjacent to the commercial district, and there is a bar nearby. the parking lot owner is out of her mind because it is this