president -- commissioner yee riley: i so move. president o'brien: premature move without objection. getting it done it. thank you. next item, please, chris. clerk: commissioners, you are now on item number 10, a discussion and possible action on proposed legislation for a waiver of temporary street space occupancy fees on may 7, 2011, saturday, and saturday, may 21, 2 dufty 11, for small business week. this would be a proposed ordinance waiving the fees and public works conception 724.1b for temporary street cred space occupancy in certain sections of the city on saturday, may 7, 2011, and saturday, may 21, 2011, as part of small business week. we have the presentation. >> the waiver for st. occupancy is something that the commission does annually for small business week. supervisor avalos has agreed to be the representing supervisor and sponsor, but normally, what we do with the commission is that brings forth the draft for you to take a look at, because, generally, with the timing, to get as many in the merchant's association in

commissioner yee riley? commissioner yee riley: is there not a process? supervisor mar: yes, the game is still played largely in favor of bigger businesses. they can hire their lobbying firms, and it takes eight votes to override it. for example, on appeal, and i think the playing field is not level, and many businesses do not think about protect them from large chain stores that undercut them and i think really harm the environment in our neighborhoods. commissioner yee riley: if we have a process in place, it is not necessary to set up new legislation, but you do not been so? supervisor mar: i think you should listen to the business owners on this issue. there is an area where i buy my pet food and other supplies. they are really in need of community support. i think apetco -- a petco would hurt. i do not think the conditional use is enough to protect the smaller businesses from chain stores that may move into neighborhoods like ours. president o'brien: commissioner? commissioner: i had the same question, and you answered it. president o'brien: commissi

commissioner yee riley: thank you. president o'brien: commissioner o'conner? commissioner o'conner: what about the money that theoretically has been soundproof -- ben soundproof -- been found? >> we have close to about $100,000. we have never reverted money to the general fund actually, but that is in 10 years or nine years of enforcement. commissioner o'conner: so in nine years -- >> last time i did a run, it was like $25,000, so that was for a few years. commissioner o'conner: so you are saying that that money should be cycled back through the department? >> it already is. president o'brien: commissioner kasselman? commissioner kasselman: i just had a few questions. how many cases, and how long before it goes to a judge could >> our office probably has findings, i will say in a ballpark, 30 different contracts, public works contracts, with violations in a fiscal year, and of that, maybe two or three go to hearings. and, you know, what we have found, sometimes the department is ready to close out a contract, and we have to rush the process and get our certifi

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

commissioner yee riley: i agree with commissioner adams. it is early enough to ask them to do a presentation and ask about traffic and transportation. >> thank you, commissioner riley. providing a list of the issues, what i am hearing is traffic, noise, relocation, and are there any other topics that you want to make sure we have the appropriate person here to address any of the other issues? president o'brien: i think what we need to do, do we need to have a qualifying common, or do we just approve this resolution with the understanding that you're going to follow-up with a presentation from the america's cup? >> well, there are some amendments, which was adding the department of public health to the list, so the commission can approve this it resolution as is with that amendment, or the other item i heard was for staff to draft and a minute about businesses that are outside of the property that are adjacent, so it is up to you to decide if you just want to move forward with this amendment or for us to draft language and come back with what

commissioner yee riley: i have contacted owners that have heard about the san francisco parking. like all the garages. have you heard about that? i've heard they are going to eliminate the rate as well as the monthly rate. the other thing would be the parking meter. they will charge different rates for different times of the day. if they do away with that, it will impact restaurants and the small business. i would like to hear about that, is that possible? >> can we get someone from mta to come speak to us sometime in june or july? it is starting to become a problem in the neighborhood. things are helping the -- happening that are a surprise to me. i know it has affected the marina, fillmore street, you have yellow zone parking up until 4:00 p.m.. it was general parking. they have changed that to be 6:00 p.m. now. a certain streets where there is more yellow parking than regular parking, it is starting to become an issue. if we can have somebody from mta come in to talk about parking concerns. there are a lot of changes going on over there that i would like to have addressed. >>

commissioner yee riley: i want to thank supervisor mar. i appreciate the outreach effort to all of your constituents and

commissioner yee riley: i want to thank supervisor mar. i appreciate the outreach effort to all of your constituents and you're taking time to talk to us tonight. i know how hard it is to work a long day and still come and speak to us. thank you. supervisor mar: -- commissioner o'conner: one final point i wanted to make was connecting this to the legislation we heard earlier from supervisors mirkarimi and fearrell. the mayor was talking about how san francisco can not provide seed money and control how that company grows. but companies want to be here. employees want to live in san francisco. they do not want to live in los gatos and los altos. we have unix will businesses. we have unique restaurants. we have to keep that, or we lose our competitive a vintage. -- competitive a bandage -- advantage. there are not a lot of small businesses in this area because there are not a lot of employees. this city is unique because of small business. thank you. commissioner clyde: i also want to thank everyone for being here and showing such a great so

. >> commissioner yee riley? that motion carries, -- >> commissioner riley has not responded yet. commissioner riley: not yet. i'm thinking. i have a little problem approving something without seeing all of the facts. >> pardon me. that motion does not carry. >> commissioners for a point of clarification, are you interested in revisiting supervisor farrell's legislation once -- >> yes. >> so we're not -- i just want to be very clear in terms of we're not supporting, you're not recommending -- or the vote doesn't carry to support it at this point, at this time, but we do want -- the commission does want to revisit supervisor farrell's legislation once the economic report is in? >> yes. i appreciate that, director. the clarification is we're not voting down this measure because we think it's not a good measure to support. we're voting it because we don't know enough facts about it. >> that's right. thank you, commissioner riley. president o'brien: ok, so do we need that written in? do we need to modify the proposal or do we have it covered? >> you're not retired to take action at th