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Unless otherwise prohibited by State law, in investigating any matter where State law grants to the City Attorney the duty or power to seek enforcement of any provision of State law, the City Attorney shall have the power to inspect, upon reasonable notice, all documents required to be maintained under Government Code Sections 84100 et seq., Government Code Sections 86100 et seq., San Francisco Administrative Code Sections 16.501 et seq., and San Francisco Administrative Code Sections 16.520 et seq. The City Attorney shall also have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or other items relevant to the performance of the City Attorney's enforcement duties or powers.
The City Attorney shall also have these powers in investigating any matter where State law grants to the City Attorney the duty or power to act as the civil prosecutor with respect to any provision of the State law or to institute a civil action for violation of any State law. The City Attorney may exercise these inspection and subpoena powers prior to the filing of any civil or administrative action.
(Added by Ord. 319-95, App. 10/13/95; amended by Ord. 70-00, File No. 000357, App. 4/28/2000)
Department of Children, Youth, and their Families. | |
Children, Youth and Their Families Oversight and Advisory Committee. | |
Service Provider Working Group. |
(a) Department of Children, Youth, and their Families; Director. There shall be a Department of Children, Youth, and their Families. The Mayor shall appoint a Director who shall serve as Department head and appointing officer for the Department. The Director shall serve at the pleasure of the Mayor. The Department shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.
(b) Duties and Functions. The Department shall be responsible for promoting the development of comprehensive programs, policies and planning strategies to enhance services for children, youth and their families; and:
(1) The Department shall assist the Mayor in preparation and implementation of the Children Services Plan and Fund as described in Charter Section 16.108.
(2) (A) Beginning after July 1, 2001, the Department shall report to the Board of Supervisors in the Community Needs Assessments required by Charter Section 16.108:
(i) The number of male and female minors served by recipients of the Children's Fund grants;
(ii) The comparative monetary value of the expenditure of Children's Fund moneys on male and female minors, based on the information collected in Subsection (b)(2)(A)(i); and
(iii) To the extent data are available, the Department shall calculate the percentage of San Francisco's population of female minors who are served by the Children's Fund and the percentage of San Francisco's population of male minors who are served by the Children's Fund.
(B) Provisions of this Subsection shall take effect only if Proposition D on the November, 2000, ballot is enacted.
(3) Pursuant to Section 86.1 of the San Francisco Administrative Code, the Department shall provide office space, administrative support, and other services for the Children and Families Commission and its Department, as specified in a Memorandum of Understanding between the Department and the Children and Families Commission.
(4) Pursuant to Section 5.200 of the San Francisco Administrative Code, the Department shall provide administrative support for the San Francisco Child Care Planning and Advisory Council.
(5) The Department shall have such other duties and functions as are assigned by Charter or ordinance.
(Added by Ord. 295-00, File No. 001761, App. 12/22/2000)
(a) Purpose. As provided in Charter Section 16.108-1, there shall be a Children, Youth and Their Families Oversight and Advisory Committee ("Oversight and Advisory Committee" or "Committee") to review the governance and policies of the Department of Children, Youth and Their Families ("DCYF"), and to take steps to ensure that the Children and Youth Fund ("Fund") is administered in a manner accountable to the community.
The Oversight and Advisory Committee replaces the Children's Fund Citizens Advisory Committee formerly established by Charter Section 16.108(n) as adopted by the voters in November 2000. Subsection (n) was repealed and the advisory committee terminated by operation of law upon the adoption of Proposition C by the voters in November 2014.
(1) The Oversight and Advisory Committee shall develop recommendations for DCYF regarding outcomes for children and youth services, the evaluation of services, common data systems, processes for making funding decisions, program improvement and capacity-building of service providers, community engagement in planning and evaluating services, leveraging dollars of the Fund and the use of the Fund as a catalyst for innovation.
(2) The Oversight and Advisory Committee shall promote transparency for the Fund and its processes.
(3) Pursuant to Charter Section 16.108, the Oversight and Advisory Committee shall review and approve the planning process for the Children and Youth Fund Community Needs Assessment ("CNA") and final CNA, the Services and Allocation Plan (SAP), and the annual Data and Evaluation Report.
(4) The Oversight and Advisory Committee shall review and approve DCYF's overall annual budget expenditures (including the approval of grants as a package, work orders, supplemental funds, and add-back funds), and shall conduct a mid-year budget review each year to prepare for the following year's budget process and may request budget information as necessary for any of its meetings. The Committee shall review best practices developed or identified by DCYF and its Director for the grant-making process, including add-back and supplemental funding, and for interdepartmental work orders. These practices shall be designed to promote, among other things, transparency and accountability in the grant-making process and coordination with the Children and Youth Fund SAP and CNA. The Committee shall review any changes or adjustments in revenue to the Children and Youth Fund and the Baseline as defined in Section 16.108. Nothing in this Section shall limit the authority of the Mayor and Board of Supervisors to propose, amend, and adopt a budget under Article IX of the Charter.
(5) The Oversight and Advisory Committee shall participate in the evaluation of the Director of DCYF and assist in recruitment for the Director when the position is vacant, and may recommend candidates to the Mayor for appointment.
(7) The Oversight and Advisory Committee shall confer with the Director of DCYF at least once a year on DCYF's effectiveness and impact.
(c) Meetings. The Oversight and Advisory Committee shall meet at least six times each calendar year. Any member who fails to attend at least half of the meetings in a calendar year shall be deemed to have resigned from the Committee.
(d) Composition. As provided in Charter Section 16.108-1, the Mayor shall appoint members for Seats l, 2, 3, 4, 5, and 6 on the Oversight and Advisory Committee; the Board of Supervisors shall appoint members for Seats 7, 8, 9, 10, and 11 on the Committee. The Mayor's appointments shall take effect 30 days after transmittal of the Mayor's notice of appointment to the Board of Supervisors. The Board of Supervisors may hold a public hearing on each of the Mayor's appointees to the Committee. If a vacancy occurs in any seat on the Committee, the appointing authority for the vacated seat shall appoint a successor.
(e) Qualifications of Members. Members of the Oversight and Advisory Committee shall possess the following qualifications:
Seat 1: A youth 19 years old or younger at the time of appointment for the term, recommended to the Mayor by the Youth Commission. Because this Committee member may be younger than 18 years at the time of appointment, this member is not subject to the requirement of Charter Section 4.101(a)(2) that members be electors of the City and County unless and until the member reaches the age of 18 years.
Seat 2: The same qualifications as for Seat 1.
Seat 3: A parent or guardian of a youth, which youth, at the time of the member's appointment for the term, is under the age of 18 years and enrolled in the San Francisco Unified School District. This Committee member shall have demonstrated commitment to improving access to and quality of services for children, youth, and families.
Seat 4: A person with expertise or substantial experience working in services and programs for children ages 5 and younger.
Seat 5: A person with expertise or substantial experience working in the field of children and youth services in communities that are low-income or underserved.
Seat 6: A person who has demonstrated commitment to improving access and quality of services for children, youth, and families in communities that are low-income or underserved.
Seat 7: A person who is a Disconnected Transitional-Aged Youth, as that term is used in Charter Section 16.108, 18 through 24 years of age at the time of appointment, and who is familiar with the issues and challenges faced by Disconnected Transitional-Aged Youth and with services, programs, and systems for them.
Seat 8: A parent or guardian of a child, which child is enrolled in kindergarten through 8th grade at the time of the member's appointment for the term. This Committee member shall be from a low-income community or have expertise or substantial experience working to promote the interests of communities of color and shall have demonstrated a commitment to improving access and quality of services for children, youth, and families.
Seat 9: A parent or guardian of a child, which child, at the time of the member's appointment for the term, is under the age of 5 years and enrolled in a publicly-subsidized or City-funded program. This Committee member shall have demonstrated a commitment to improving access and quality of services for children, youth, and families.
Seat 10: A person with expertise or substantial experience working in the field of children and youth services in communities that are low-income or under served.
Seat 11: A person who has demonstrated commitment to improving access to and quality of services for children, youth, and families.
In addition to the stated qualifications for each seat on the Committee, current City employees who are at the department head or deputy department head level of authority, SFUSD employees who are at the Director or Assistant Superintendent level of authority or higher, and current employees or members of the boards of directors of organizations where DCYF is the decision-maker for funding may not serve as members of the Oversight and Advisory Committee. For purposes of this subsection (e), a part-time intern with a DCYF-funded organization who is 24 years old or younger shall not be considered an employee of that organization.
(f) Timing of Appointments; Measuring Terms; First Meeting. The Mayor and the Board of Supervisors shall appoint the initial members of the Committee by July l, 2015. The appointing authorities are encouraged to make their respective application processes as open and transparent as possible.
The terms of the initial appointees shall commence on the date of the first meeting of the Committee, which may occur when at least eight members have been appointed, and no later than July 1, 2015. Terms of Committee members shall be measured from the date of the first Committee meeting.
(g) Term Limits. Members may not serve more than two consecutive two-year terms, except that the members initially appointed to Seats 1, 3, 5, 7, 9, and 11, while remaining eligible to serve a consecutive second-two year term, shall serve for a first term of three years. For the purpose of these term limits, serving more than half of a term shall count as serving a full term on the Committee.
(h) Committee Operations. At its first meeting, which, as subsection (f) states, shall be no later than July 1, 2015, the Oversight and Advisory Committee shall select a Chair and Vice-Chair. Thereafter, the Oversight and Advisory Committee shall adopt bylaws governing its meetings and operations.
(i) Staffing. DCYF shall provide sufficient staffing for the Oversight and Advisory Committee and the Service Provider Working Group referenced in Section 2A.234. The Youth Commission shall provide support to the Committee members in Seats l, 2, and 7 in areas such as training in city government operations, policy analysis and development, and public outreach.
(a) Purpose. Pursuant to Charter Section 16.108-1, the Children, Youth and Their Families Oversight and Advisory Committee ("Oversight and Advisory Committee" or "Committee") shall create a Service Provider Working Group ("SP Working Group" or "Working Group"). The purpose of the SP Working Group shall be to advise the Committee on funding priorities, policy development, the planning cycle, evaluation design and plans, and any other issues of concern to the SP Working Group related to the Children and Youth Fund ("Fund") established in Charter Section 16.108, or the responsibilities of the Department of Children Youth and Their Families ("DCYF") or other departments receiving monies from the Fund.
(b) Membership and Meetings. The SP Working Group shall have at least 10 members. The Working Group shall engage a broad cross-section of service providers in providing information, education, and consultation to the Committee. All members of the Working Group shall be persons actively providing services to children, youth, and their families during the members' service on the SP Working Group. The Working Group shall meet at least four times each year.
The SP Working Group shall include members who are service providers who currently receive funding from DCYF, service providers who have never received funding from DCYF but currently provide services for children and youth, and service providers who have received funding from DCYF in the past and who currently provide services for children and youth. In addition, the Working Group shall include members with expertise or experience in the various funding areas identified in DCYF's most recent Services and Allocation Plan as provided in Charter Section 16.108(i)(2).
(c) Governance. By September 1, 2015, the Oversight and Advisory Committee shall develop initial bylaws for the SP Working Group, and shall appoint an initial chair and vice-chair for the SP Working Group who shall be responsible for developing its structure and facilitating its meetings. The chair and the vice-chair appointed by the Oversight and Advisory Committee shall serve two-year terms in those positions. Thereafter, upon the expiration of each of these terms as chair and vice-chair, the Working Group shall elect succeeding chairs and vice-chairs.
The SP Working Group shall have its first meeting by December 1, 2015. Thereafter, the Working Group shall review and amend, as necessary, bylaws governing its meetings and operations. Meetings of the SP Working Group shall be open to the public and conducted in a manner to encourage widespread participation.
Small Business Commission; Powers and Duties. | |
Office of Small Business. | |
Legacy Business Registry. | |
Neighborhood Anchor Business Registry; Business Grants and Loans; Commercial Eviction Defense. | |
Legacy Business Assistance Program. | |
Permitting Program for Tenants at 3150 18th Street. | |
(a) The Small Business Commission shall:
1. Formulate and evaluate goals, objectives, plans, and programs and set policies for the City regarding small businesses, consistent with any overall objectives established by the Mayor and the Board of Supervisors through the adoption of legislation, in order to promote the economic health of the small business community in San Francisco, its employees, and its customers;
2. Develop and keep current an annual statement of purpose outlining its areas of jurisdiction, authorities, purpose and goals, subject to review and approval by the Mayor and the Board of Supervisors;
3. Recommend to the Mayor for submission to the Board of Supervisors rates, fees and similar charges with respect to appropriate items coming within its jurisdiction;
4. Prepare and recommend to the Mayor an annual budget for the Commission's activities;
5. Oversee grants and programs concerning and benefiting small businesses and neighborhood business districts;
6. Review all legislation affecting small businesses and make recommendations to the Board of Supervisors;
7. Declare one month out of the year Small Business Month;
8. During Small Business Month, coordinate activities to encourage the general public to support San Francisco small businesses;
9. Review rules and regulations adopted by City departments that affect small businesses and recommend modifications that would promote the health of small businesses;
10. Collect and analyze information about the small business economy in San Francisco, as well as conduct investigations under its power of inquiry into any aspect of governmental operations affecting small businesses, including holding hearings and taking testimony, and make recommendations to the Mayor or the Board of Supervisors; and
11. The Commission may adopt such rules and regulations consistent with the provisions of this Section as are necessary for the conduct of its business. Such rules and regulations shall be available for public review and comment for 10 days before they are finally adopted by the Commission.
(Added by Ord. 33-04, File No. 030423, App. 3/19/2004; Ord. 265-09, File No. 090960, App. 12/18/2009; amended by Ord. 73-23, File No. 230135, App. 5/3/2023, Eff. 6/3/2023)
(a) Duties and Functions. The Office of Small Business, which shall be a City department under the direction of the Small Business Commission, shall perform the following functions to assist small businesses located in San Francisco with a total workforce of 100 or fewer fulltime employees:
1. Centralize and coordinate the information and advice services to small businesses managed by other City departments.
2. Operate a Small Business Assistance Center, which shall support the full diversity of San Francisco's small businesses with information concerning:
(A) business structure and formation, obtaining necessary licenses, accessing financial resources, and finding appropriate real estate;
(B) obtaining City permits;
(C) bidding on government contracts and participating in the City purchasing process;
(D) complying with government laws and regulations; and
(E) adopting "green" and sustainable business practices.
3. Perform such other duties and functions to benefit small businesses as directed by the Small Business Commission or as assigned by the Mayor under Charter section 4.132; and
4. Report by March 1 and September 1 of each year to the Mayor and Board of Supervisors on the numbers of small businesses served by case managers and the Office of Small Business, types of services provided, numbers of small businesses obtaining City contracts and their dollar amount and on other performance measures as determined by the Small Business Commission.
(b) Assistance and Support from Other Departments. The following City departments shall provide information and staff assistance to the Office of Small Business regarding compliance with the laws and regulations administered by their departments that impact small businesses; Assessor, Building Inspection, Environment, Fire, Human Rights Commission, Mayor's Office of Community Development, Office of Labor Standards Enforcement, Parking and Traffic, Planning, Police, Public Health, Public Works, Purchasing, Treasurer/Tax Collector, and such other departments as directed by the Mayor. Within four months of the initial hiring of any new staff, the Office of Small Business shall issue a report that analyzes the existing laws, regulations, roles, procedures and responsibilities of all city departments that impact small businesses and makes recommendations regarding the streamlining and consolidation of such departmental functions under the Office of Small Business.
(c) Annual Survey. The Office of Small Business, in coordination with the Controller's Office, shall create and administer an annual survey of small businesses that use the Small Business Assistance Center to evaluate the Center's performance in serving small businesses.
(Added by Proposition I, Approved 11/6/2007)
(a) The Office of Small Business shall establish and maintain a registry of Legacy Businesses in San Francisco (the "Registry"). The purpose of the Registry is to recognize that longstanding, community-serving businesses can be valuable cultural assets of the City. In addition, the City intends that the Registry be a tool for providing educational and promotional assistance to Legacy Businesses to encourage their continued viability and success.
(b) For purposes of this Section 2A.242, "Legacy Business" means a business that has been nominated by a member of the Board of Supervisors or the Mayor in accordance with subsection (c) below, and that the Small Business Commission, after a noticed hearing, determines meets each of the following criteria:
(1) The business has operated in San Francisco for 30 or more years, with no break in San Francisco operations exceeding two years. The business may have operated in more than one location. If the business has operated in San Francisco for more than 20 years but less than 30 years it may still satisfy this subsection (b)(1) if the Small Business Commission finds that the business has significantly contributed to the history or identity of a particular neighborhood or community and, if not included in the Registry, the business would face a significant risk of displacement.
(2) The business has contributed to the neighborhood's history and/or the identity of a particular neighborhood or community. Prior to the hearing, the Small Business Commission, or the Executive Director of the Office of Small Business on its behalf, shall request an advisory recommendation from the Historic Preservation Commission as to whether the business meets the requirement in this subsection (b)(2). If the Historic Preservation Commission does not provide an advisory recommendation within 30 days of receipt of the request, the Small Business Commission shall treat such nonresponse as an advisory recommendation that the business meets the requirement in this subsection (b)(2).
(3) The business is committed to maintaining the physical features or traditions that define the business, including craft, culinary, or art forms.
If the Small Business Commission makes all three findings, it shall include the business in the Registry as a Legacy Business.
(c) Nominations for the Registry shall be limited to a total of 300 businesses per fiscal year (July 1 through June 30). A nomination is deemed to have been made on the date the Small Business Commission receives the nomination in writing from a member of the Board of Supervisors or the Mayor. Nominations received after the close of business on June 30 shall be considered received in the following fiscal year. The nominations for any fiscal year shall be the first 300 received in that fiscal year.
There is no limit on the number of nominations that may be made by the Mayor or a Member of the Board of Supervisors. Notwithstanding the previous sentence, the Small Business Commission may adopt regulations under subsection (e) below to ensure that the Mayor and each member of the Board of Supervisors have the same opportunity to submit nominations, and to prescribe procedures as appropriate for the nomination process.
(d) The Small Business Commission may, after a noticed hearing, adopt such rules, regulations, and forms necessary to implement this Section 2A.242. Any rules and regulations adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under this subsection (d), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Commission’s delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall go into effect.
(e) The Small Business Commission shall survey San Francisco’s Legacy Businesses and, no later than September 30, 2015, make substantive recommendations to the Board of Supervisors for programs for Legacy Businesses. Such programs may include business and technical assistance, lease renewal and acquisition assistance, public education and commendation initiatives to recognize and honor the contributions of Legacy Businesses to San Francisco, financial incentives to encourage the stability of Legacy Businesses, and additional business stabilization and neighborhood continuity initiatives.
(a) Findings and Purpose.
(1) According to a September 2014 report by San Francisco Architectural Heritage (San Francisco Heritage) entitled "Sustaining San Francisco's Living History: Strategies for Conserving Cultural Heritage Assets," long-operating businesses in San Francisco foster civic engagement and pride as neighborhood gathering spots, and contribute to San Francisco's cultural identity.
(2) In San Francisco's current economic climate, many otherwise successful, long-operating businesses are at risk of displacement, despite continued value to the community and a record of success.
(3) In recent years, San Francisco has witnessed the loss of many long-operating businesses because of increased rents or lease terminations.
(4) To the extent that property owners have little incentive to retain longstanding tenants, a long-operating business that does not own its commercial space or have a long-term lease is particularly vulnerable to displacement. A viable strategy for securing the future stability of San Francisco's long-operating businesses is to provide incentives for them to stay in the community, and incentives for their landlords to enter into long-term leases with such businesses.
(5) The purpose of the Legacy Business Historic Preservation Fund, therefore, is to maintain San Francisco's cultural identity and to foster civic engagement and pride by assisting long-operating businesses to remain in the City.
(b) Grants To Legacy Businesses.
(1) Qualifications for Grant. Subject to the budgetary and fiscal provisions of the City Charter, the Office of Small Business shall award a Legacy Business, as defined in Section 2A.242, an annual grant as calculated in subsection (b)(3) below, provided that the Legacy Business: (A) annually files an application for the grant with the Office of Small Business between July 1 and September 30; (B) has no amounts owing to the City as a result of fines, penalties, interest, assessments, taxes, fees, or any other financial obligations imposed by law, regulation, or contract that were delinquent as of the date of application; and (C) meets all other requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. A Legacy Business qualifying under this subsection (b)(1) shall be referred to as a "Qualified Legacy Business" for purposes of this Section 2A.243.
(2) Grant Application. A Legacy Business seeking a grant under subsection (b) of this Section 2A.243 shall submit an application on a form prepared by the Office of Small Business, and shall certify: (A) the number of full-time equivalent employees employed in San Francisco by the Legacy Business as of the immediately preceding June 30; and (B) that the Legacy Business meets all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. For purposes of this Section 2A.243, the number of full-time equivalent employees employed in San Francisco by a Legacy Business as of the immediately preceding June 30 is determined by adding, for each employee employed as of that date, the employee's average weekly hours over the preceding 12 months (July 1-June 30), dividing the result by 40, and rounding to the nearest full employee.
(3) Amount of Grant. After the September 30 application deadline, the Office of Small Business shall award to a Qualified Legacy Business a grant equal to $500 per full-time equivalent employee employed in San Francisco by the Qualified Legacy Business as of the immediately preceding June 30, up to a maximum of 100 full-time equivalent employees, except that the total combined grants paid to all Qualified Legacy Businesses in a fiscal year (July 1-June 30) shall not exceed the appropriations into the Legacy Business Assistance Account in the Legacy Business Historic Preservation Fund. If in a fiscal year the total grants requested by Qualified Legacy Businesses under this Section 2A.243 exceed the amount of the appropriations into the Legacy Business Assistance Account, the Office of Small Business shall allocate the grants to be paid to all Qualified Legacy Businesses proportionately based on the number of full-time equivalent employees employed in San Francisco by each Qualified Legacy Business as of the immediately preceding June 30. The Office of Small Business shall pay the grants from the Legacy Business Assistance Account in the Legacy Business Historic Preservation Fund.
(c) Grants To Landlords.
(1) Qualifications for Grant. Subject to the budgetary and fiscal provisions of the City Charter, the Office of Small Business shall award an annual grant to a landlord that, on or after January 1, 2016, enters into an agreement with a Legacy Business that leases real property in San Francisco to the Legacy Business for a term of at least 10 years or extends the term of the Legacy Business's existing lease to at least 10 years, for each year of a lease entered into on or after January 1, 2016, or each year that was added to an existing lease on or after January 1, 2016 (e.g., an existing five-year lease that is extended to 20 years on January 1, 2016 would entitle the landlord to 15 years of grants), as calculated in subsection (c)(3) below, provided that: (A) the landlord files an initial application for the grant with the Office of Small Business after execution of the qualifying lease, and annually files an application for the grant prior to the anniversary date of the landlord's first grant payment; (B) the lease meets all other criteria required by rules and regulations of the Small Business Commission, including criteria tied to the amount of rent and other lease provisions that may impact the long-term stability of the Legacy Business; (C) the landlord has no amounts owing to the City as a result of fines, penalties, interest, assessments, taxes, fees, or any other financial obligations imposed by law, regulation, or contract that were delinquent as of the date of application; (D) the landlord is not related by ownership, either directly or indirectly, to the Legacy Business to which the landlord leases the property; and (E) the landlord meets all other requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. Any lease or lease extension between a landlord and a Legacy Business shall not fail to meet the requirements of this subsection (c)(1) as a result of a provision in the lease making the lease, or any portion thereof, contingent upon the landlord receiving a grant from the City under this subsection (c)(1) equal to $4.50 per square foot, up to a maximum of 5,000 square feet per location, of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business. A landlord qualifying under this subsection (c)(1) shall be referred to as a "Qualified Landlord" for purposes of this Section 2A.243.
(2) Grant Application. A landlord seeking a grant under subsection (c)(1) of this Section 2A.243 shall submit an application on a form prepared by the Office of Small Business, and shall include: (A) a certification of the total square footage of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business; (B) a copy of the lease with the Legacy Business; and (C) a certification that the landlord meets all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. The landlord shall submit any subsequent annual applications for grants under subsection (c)(1) by the anniversary date of their first grant payment under subsection (c)(1) on a form prepared by the Office of Small Business, and shall include: (A) a certification of the total square footage of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business; (B) a certification that there have been no changes to the lease that would impact the Qualified Landlord's eligibility for the grant; and (C) a certification that the Qualified Landlord continues to meet all of the requirements for the grant established by this Section 2A.243 and by any rules and regulations of the Small Business Commission. If the Office of Small Business denies a landlord's application for a grant, the Office of Small Business shall, to the extent permitted by law, keep confidential any lease submitted by that landlord under this subsection (c)(2) in connection with the application. If the Office of Small Business approves a landlord's application for a grant, the Office of Small Business shall, to the extent permitted by law, keep confidential all provisions in any lease submitted by that landlord under this subsection (c)(2) in connection with the application to the extent that such provisions did not form some or all of the basis for the Office of Small Business's decision to award the grant to the landlord.
(3) Amount of Grant. Following a landlord's initial application and on the anniversary date of a Qualified Landlord's first grant payment thereafter, the Office of Small Business shall pay to a Qualified Landlord a grant equal to $4.50 per square foot, up to a maximum of 5,000 square feet per location, of the improvements in San Francisco leased to the Legacy Business from which the Legacy Business operates its business, except that the total grants paid to all Qualified Landlords in a fiscal year shall not exceed the appropriations into the Legacy Business Rent Stabilization Account in the Legacy Business Historic Preservation Fund. The Office of Small Business shall pay the grants from the Legacy Business Rent Stabilization Account in the Legacy Business Historic Preservation Fund. The Office of Small Business shall allocate funds from the Legacy Business Rent Stabilization Account among Qualified Landlords as follows:
(A) The Office of Small Business shall first allocate amounts in the Legacy Business Rent Stabilization Account to cover all grants to be made during the fiscal year to Qualified Landlords from prior years that have years remaining on their leases with respect to which the Qualified Landlords are entitled to grants. If sufficient funds do not exist to cover all grants to be made during the fiscal year to these Qualified Landlords from prior years, the Office of Small Business shall allocate the amount in the Legacy Business Rent Stabilization Account to these Qualified Landlords from prior years proportionately based on the square footage of the improvements in San Francisco leased to the Legacy Businesses from which the Legacy Businesses operate their businesses.
(B) If there are sufficient funds in the Legacy Business Rent Stabilization Account to pay all grants during the fiscal year to Qualified Landlords from prior years, grants to new Qualified Landlords will be made out of any amount remaining in the Legacy Business Rent Stabilization Account (after subtracting amounts necessary to pay all grants during the fiscal year to Qualified Landlords from prior years) in the order that the Office of Small Business receives the Qualified Landlords' completed grant applications, beginning on July 1 of each fiscal year. If any Qualified Landlord from a prior year fails to apply for a grant in a subsequent year or fails to qualify in a subsequent year, the amount of funds that would have been paid to that previously Qualified Landlord shall be available to pay grants to new Qualified Landlords under this subsection (c)(3)(B).
(C) If the Small Business Commission determines that a Legacy Business faces an immediate risk of displacement and that a grant under subsection (c)(1) of this Section 2A.243 would prevent such displacement, but there are insufficient funds in the Legacy Business Rent Stabilization Account (after subtracting any amounts to be paid during the fiscal year to Qualified Landlords from prior years) to make such a grant, the Small Business Commission may request a supplemental appropriation from the Board of Supervisors. Such supplemental appropriation will be used first to pay the grant to the Legacy Business that faces an immediate risk of displacement, with any remaining amount being available to pay grants to new Qualified Landlords.
(d) Implementation.
(1) After holding a public hearing, the Small Business Commission, in consultation with the Controller, shall adopt rules and regulations to establish the procedures to implement this Section 2A.243. Any rules and regulations adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Small Business Commission shall provide written notice to the Clerk of the Board of Supervisors of its adoption of any rule or regulation under this subsection (d)(1), along with a copy of said rule or regulation. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 30 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 30-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Commission's delivery of notice to the Clerk of the Board of Supervisors, the rule or regulation shall go into effect.
(2) The Office of Small Business shall have the authority to verify all information provided by a Legacy Business or landlord in connection with an application for a grant under this Section 2A.243. Failure of a Legacy Business or landlord to comply with information requests from the Office of Small Business, or the provision of false information in connection with an application or in response to such requests, shall result in the denial of any grant under this Section 2A.243.
(e) Reports.
(1) By the first business day of June of each year commencing with June 2017, the Executive Director of the Office of Small Business shall file a written report with the Board of Supervisors on the implementation of this Section 2A.243. The report shall include a list of: (A) each Qualified Legacy Business and the amount of the grant paid to each Qualified Legacy Business for the prior fiscal year; and (B) each Qualified Landlord, the Legacy Business to which the Qualified Landlord leased the real property, and the amount of the grant paid to each Qualified Landlord for the prior fiscal year. The report may include other information relevant to implementation of this Section 2A.243, at the discretion of the Executive Director of the Office of Small Business.
(2) Commencing in fiscal year 2020-2021 (July 2020-June 2021), the Controller shall perform an assessment and review of the effect of this Section 2A.243 on the stability of Legacy Businesses for the prior five fiscal years. Based on such assessment and review, the Controller shall file a written analysis with the Board of Supervisors by no later than the first business day of October 2020, and by the first business day of October at five-year intervals thereafter. The analysis shall be based on criteria deemed relevant by the Controller, and may include, but is not limited to, data contained in the annual reports that the Office of Small Business submits to the Board of Supervisors under subsection (e)(1) above.
(f) For fiscal year 2017-2018 and each second succeeding fiscal year thereafter, the Office of Small Business shall increase the amount per full-time equivalent employee (rounded to the nearest dollar) and the amount per square foot (rounded to the nearest cent) in subsections (b)(3) and (c)(3), respectively, of this Section 2A.243, to reflect increases in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any other index that, in the discretion of the Controller, better reflects increases in commercial rents, for each of the preceding two years. These revised figures shall be used prospectively to calculate grants under subsections (b)(3) and (c)(3) of this Section 2A.243.
(g) The Board of Supervisors may, without a vote of the people, amend this Section 2A.243 to increase the amount per full-time equivalent employee and the amount per square-foot in subsections (b)(3) and (c)(3) of this Section 2A.243, or to change the metric by which grants are made to Qualified Legacy Businesses and Qualified Landlords consistent with the purposes enumerated in subsection (a) of this Section 2A.243.
(Added by Prop. J, App. 11/3/2015)
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