SEC. 10.19-3. FEES FOR LICENSES AND PERMITS.

   The fees or licenses to be charged for the use of obstruction of or encroachment on public streets end places, exclusive of the granting of franchises governed by other provisions of this or other codes or of the Charter, and for the operation of businesses or exercise of privileges which effect the health, fire prevention, firefighting, crime, policing, welfare or zoning conditions of or in the City, and County, and for such other matters as the Board of Supervisors may deem advisable shall not be less than the cost to the City and County of regulation and inspection; provided, that insofar as the regulation and inspection of foodstuffs or articles of food for human consumption are concerned, the fees or licenses to be charged for such regulation and inspection shall be as determined by the Board of Supervisors, but the same shall not exceed the cost of said regulation and inspection.

(Added by Ord. 439-96, App. 11/8/96)

SEC. 10.19-4. NOTICE BY DEPARTMENTS TO BOARD OF SUPERVISORS.

   (a)   Findings.

      1.   The Board of Education and the Superintendent of the San Francisco Unified School District have indicated their strong commitment to accountability at all levels of District operations and have taken measures over the past year to investigate, audit, and review the past spending practices of the District's Facilities Department with respect to school construction bond funds; and,

      2.   The District has stated that it welcomes continued input and assistance from the community and from City and State government officials and is engaged in an ongoing effort to restructure the District's Facilities Department; and,

      3.   Two School Board Commissioners, Commissioners Wynns and Cruz, have introduced two resolutions that are currently pending before the Board of Education to strengthen the District's oversight of school construction bond funds; and,

      4.   Each of these resolutions has been introduced and been read once, and is expected to be adopted by the Board of Education at a regularly scheduled Board meeting early in calendar year 2002; and,

      5.   The first of these resolutions, if adopted, would provide that the District exceed state statutory requirements for the oversight of school construction bond funds and institute the highest level of oversight that the District has ever had over the use of school construction bond funds by establishing the District's School Facilities Citizen's Oversight Committee; and,

      6.   The first resolution provides that the School Facilities Citizen's Oversight Committee provide advice and recommendations to the District regarding the expenditure of funds for bond related projects, actively review and report on the proper expenditure of taxpayers' money for school construction and to take any necessary action in furtherance of its purpose, including, but not limited to, receiving and reviewing copies of annual independent financial audits and deferred maintenance proposals, inspecting school facilities and grounds, and receiving and reviewing cost-saving measures designed to reduce the costs of professional fees and site preparation.

      7.   The second resolution would establish a Bond Program Advisory Council to report to the Board of Education and provide information to City and State officials, and make recommendations regarding policies to the Board of Education surrounding the effective and efficient implementation of school bond construction funds.

   (b)   The San Francisco Unified School District ("the District") through its Facilities and Planning Department must submit written reports to the Budget Analyst's Office, the City's Public Finance Office, the Department of Public Works, and the Controller's Office, on a quarterly basis to update these City departments on the status of the use of the 2002 bond proceeds. Should the School District not do so, these departments shall notify the Board of Supervisors. Prior to the appropriation of 2002 school bond proceeds by the Board of Supervisors, the District shall provide to the City Treasurer, the Director of Public Finance and the Budget Analyst of the Board of Supervisors, a written timeline and expenditure plans for each of the projects to be funded with these bond funds in order to determine whether the appropriations of these bond funds are necessary and/or appropriate.

(Added by Ord. 12-02, File No. 012185, App. 1/25/2002)

SEC. 10.19-5. QUARTERLY REPORT ON DEPARTMENTAL SPENDING.

   Not later than eight weeks after the end of each of the first three quarters of the fiscal year, all City departments shall submit a report to the Board of Supervisors identifying any areas, by appropriations item, where the department's rate of spending, if continued for the rest of the fiscal year, would exceed the total appropriation for the fiscal year for that item. The Budget Analyst shall review all reports submitted by a department pursuant to this section.

(Added by Ord. 198-05, File No. 051135, App. 7/29/2005)

SEC. 10.20. BUDGET SAVINGS INCENTIVE FUND

   (a)   Establishment and Purpose of Budget Savings Incentive Fund. The Budget Savings Incentive Fund (“the Fund”) is hereby established as a category eight fund for the purpose of encouraging City departments to implement cost-saving strategies and to allow for the reinvestment of those savings in one-time expenditures. Disbursements from the Fund shall be made only to those departments that generated net year-end expenditure savings at the close of the most recent prior fiscal year, as certified by the Controller, and only for the purpose of supporting one-time costs, including but not limited to expenditures that improve the efficiency of departmental operations, reduce the cost of service delivery, generate additional revenue, or meet deferred maintenance needs.

   (b)   Funding of Budget Savings Incentive Fund. It shall be the policy of the City and County of San Francisco that the Fund will be annually funded and available by November 1 of each year. At the end of each fiscal year, up to 25% of the total appropriation closed to General Fund balance by General Fund departments and the Department of Public Health’s hospital funds shall be appropriated into the Fund (the “carry forward amount”) and placed on Controller’s reserve. The Controller may suspend the carry forward amount in years when the Controller determines that the City’s financial condition cannot support deposits into the Fund.

   (c)   Request and Approval of Appropriation. Any department funded in whole or in part from the General Fund may submit a request in writing to the Controller’s Office for a disbursement from the Fund. Requests shall be reviewed and recommended for funding by a working group comprised of the Mayor’s Budget Director, the City Controller, and the President of the Board of Supervisors, or their designees. Recommendations of the working group shall be submitted to the Board of Supervisors, and the Board may appropriate monies from the Fund by ordinance. The Controller shall not release the reserve on monies deposited to the Fund until the City has finally enacted such an ordinance.

   (d)   Upon approval of funding requests, the Controller shall have the authority to administratively transfer appropriations from the Fund to the department(s) for which requests were approved.

(Added by Ord. 210-06, File No. 060768, App. 8/2/2006; Ord. 150-09, File No. 090723, App. 7/10/2009; amended by Ord. 181-20, File No. 200845, App. 10/1/2020, Eff. 11/1/2020)

Editor’s Note:

   Former subsection 10.20(e), authorizing use of funds for COVID-19 response purposes during FY2020-2021 and FY2021-2022, expired on 7/1/2022 per the terms of its sunset clause and was removed from the Code at the direction of the Office of the City Attorney.

ARTICLE II: SETTLEMENT OF CLAIMS FOR AND AGAINST CITY AND COUNTY

Sec. 10.20-1.	Necessity for Filing Claim.
Sec. 10.20-2.	Presentation and Form of Claim.
Sec. 10.20-3.	Time of Presentation of Claims.
Sec. 10.20-4.	Place of Presentation of Claim.
Sec. 10.20-5.	Disposition of Claims.
Sec. 10.20-6.	Disposition of Claims by Commissions.
Sec. 10.20-7.	Application for Leave to Present Late Claim.
Sec. 10.20-8.	Requests for Waiver of Statute of Limitations.
Sec. 10.21.	Adjustment, Payment and Settlement of Claims, Judgments and Demands Prior to their Presentment as Claims.
Sec. 10.22.	Allowance or Settlement of Unlitigated Claims Exceeding Twenty-Five Thousand Dollars.
Sec. 10.22-1.	Settlement of Minor's Claims.
Sec. 10.22-2.	Settlement of Litigation not Exceeding Twenty-Five Thousand Dollars.
Sec. 10.23.	Claims in Favor of City and County—Notice to be Filed.
Sec. 10.24.	Claims in Favor of the City and County—Settlement.
Sec. 10.25.	Exceptions to Four Preceding Sections.
Sec. 10.25-1.	Officers and Employees Included Within the Provisions of Sections 10.25-1 through 10.25-7.
Sec. 10.25-2.	Uniformed Officers and Employees Defined.
Sec. 10.25-3.	Replacement or Repair of Damaged Equipment, Property or Prostheses of Uniformed Officers and Employees.
Sec. 10.25-4.	Time in Which Verified Claim Must be Filed.
Sec. 10.25-5.	Requisites for Payment; Availability of Funds; Certification of Department Head.
Sec. 10.25-6.	Limitation on Recovery.
Sec. 10.25-7.	Controller to Establish Rules and Regulations.
Sec. 10.25-8.	Claims for Damaged or Destroyed Property; Non-Uniformed Employees.
Sec. 10.25-9.	Claims for Stolen Property; Non-Uniformed Employees.
Sec. 10.25-10.	Airports Commission Legal Proceedings.
Sec. 10.25-11.	Airports Commission Unlitigated Claims.
Sec. 10.25-12.	Settlement of Grievance Filed Pursuant to Valid Memoranda of Understanding.
Sec. 10.26.	Deposit of Money Received.
Sec. 10.27.	Overpayment of Salary or Wages.
Sec. 10.27-1.	Controller May Offset.
Sec. 10.27-2.	Controller May Offset—If Amount Owed Is Insufficient.
Sec. 10.27-3.	Controller May Offset—When Amount Becomes Payable.
Sec. 10.27-4.	Controller May Offset—When Person Fails to Bill for Payment.
Sec. 10.27-5.	Controller May Offset—Net Amount.
Sec. 10.27-6.	Controller May Offset—Section 16.32 Not Abridged.
Sec. 10.27-7.	Controller May Offset— Hearing.
Sec. 10.28.	Special Counsel for Controller upon Actions Against Him or Her by City and County.
Sec. 10.28A.	Calculation and Recovery of Emergency Response Expenses.

 

SEC. 10.20-1. NECESSITY FOR FILING CLAIM.

   No suit for money or damages may be brought against the City and County until a written claim therefor has been presented to and rejected by the City and County in conformity with the provisions of general State law relating to claims against public entities. Pursuant to the authority set forth in California Government Code Section 935, all claims against the City shall be subject to this requirement, including those claims otherwise exempt from claim filing requirements under California Government Code Section 905, except where the claims are governed by other statutes or regulations relating expressly thereto.

(Amended by Ord. 303-63, App. 12/9/63; Ord. 226-02, File No. 021644, App. 11/26/2002)

SEC. 10.20-2. PRESENTATION AND FORM OF CLAIM.

   A claim as required to be filed pursuant to Section 10.20-1 shall be presented by the claimant or by a person acting in his or her behalf as indicated by Section 915 of Government Code and shall show:

   (a)   The name and post office address of the claimant;

   (b)   The post office address to which the claimant desires notices to be sent;

   (c)   The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;

   (d)   A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation;

   (e)   The name or names of the public employee or employees causing the injury, damage, or loss, if known; and

   (f)   The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount need be included in the claim. However, the claim shall indicate whether it would be a limited jurisdiction civil case.

   The claim shall be signed by the claimant or by some person on his or her behalf, except that claims against the City and County for supplies, equipment or services need not be signed by the claimant or on his or her behalf if presented on a billhead or invoice regularly used in conduct of the business of the claimant.

   A claim may be amended as set forth in Section 910.6 (a) of Government Code of the State of California.

(Amended by Ord. 303-63, App. 12/9/63; Ord. 314-00, File No. 001909, App. 12/28/2000)