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(a) Department of Early Childhood; Director. There is hereby established a Department of Early Childhood (the “Department”). The Mayor shall appoint a Director who shall serve as the Department head and appointing officer for the Department. The Mayor may consider, but is not required to accept, recommendations from the Children and Families First Commission (the “First Five Commission”) and the Early Childhood Community Oversight and Advisory Committee (“EC COAC”) for the position of Director. 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.
(1) The Department shall be responsible for aligning and coordinating the City’s efforts to provide early care and education for children ages zero to five in San Francisco and for promoting and supporting the development of early child supports and comprehensive programs, policies, and strategies to enhance services for children ages zero to five in San Francisco, including programs and funding streams from the Department of Children, Youth, and Their Families, the First Five Commission, and the Human Services Agency to serve young children and their families.
(2) The Department shall improve and deliver access for children ages zero to five and their families to fulfill a unified vision and to meet goals, including, by way of example but not limitation:
(A) Establishing a universal system for high-quality early care and education, strengthening the early care and education workforce, and building early care and education system capacity.
(B) Establishing systems that serve children ages zero to five through programs and services that help their families in providing support for them, creating stability and evidence-based models for family success.
(C) Developing new policy partnerships that extend the reach, access, and impact of early childhood care and education programs and services to a broader and more diverse sector of families, with a particular focus on improving racial equity and outreach to Black, Indigenous, and People of Color (BIPOC) children and their families.
(D) Ensuring that access to services and the implementation of policies achieves measurable success in the outcomes for all families.
(E) Complementing ongoing and future efforts on a statewide level that expand universal early care and education programs for children ages zero to five including community-based programs, preschool, and transitional kindergarten programs and supporting children for kindergarten readiness.
(F) Developing processes for ensuring broad community and stakeholder engagement in the planning, implementation, and evaluation of services related to early childhood care and education.
(G) Considering and responding to the input, needs, and concerns of parents and caregivers of children ages zero to five by establishing easy-to-use, culturally-appropriate forums and tools for these stakeholders to influence policies and practices that are accessible in the languages of the stakeholders; and building connections with existing accessible organizations or forums.
(3) The Department shall develop and maintain a strategic plan and proposal (“Department Strategic Plan”), to be submitted to the Board of Supervisors no later than January 1, 2024, and every five years thereafter, that addresses the expansion of quality universal early education in San Francisco. The Department shall also update the Department Strategic Plan, initially by January 1, 2024 and on an annual basis thereafter and such update shall include recommendations from the First Five Commission and the EC COAC as described in this subsection (b)(3) and the elements described in subsections (b)(3)(A) through (D). The Department may prepare the Department Strategic Plan in conjunction with the preparation of the County Strategic Plan required by Section 86.4 of the Administrative Code. Before initiating the annual update to the Department Strategic Plan, the Department shall consult with the First Five Commission and the EC COAC on the scope, metrics, and outreach for the plan and the joint process shall involve the First Five Commission and the EC COAC. The Department Strategic Plan shall:
(A) Include goals for early care and education programs that align with emerging developments in state or federal early care and education policy, and address professional development needs of center-based, family child care providers and to the extent resources allow, license-exempt care providers;
(B) Address neighborhood-specific needs, including school readiness, subsidy availability, children’s dual language development, facility development parent engagement and education, inclusion of children with special needs, and provider support for both family child care homes and early care and education centers;
(C) Include a set of equity metrics to be used to compare existing early care and education services and resources in low-income and disadvantaged communities with early care and education services and resources available in the City as a whole; and
(D) As part of the combined development of the Department and County Strategic Plans and to meet the minimum requirements of the County Strategic Plan, include an assessment and analysis of the unmet funding needs for family support services for those caring for children ages zero to five and how the Department plans to expand and leverage funding; and coordinate with other relevant City departments, including, by way of example but not limitation, the Department of Children, Youth, and Their Families and Human Services Agency, to meet those unmet funding needs.
(4) The Department’s Director or designee shall attend meetings of the Early Childhood Community Oversight and Advisory Committee, established by Chapter 5, Article XIII of the Administrative Code, and the Department shall provide staffing to EC COAC, including providing the EC COAC with the information it requests. The Department shall provide its proposed budget and accompanying documents to the EC COAC and the First Five Commission no later than two weeks prior to the public hearing required by Section 5.13-5(e) of Article XIII of Chapter 5 of the Administrative Code.
(5) The Department shall prepare an annual report on the Early Care and Education for All Initiative, as required in Section 20.17-3 of Article XVII of Chapter 20 of the Administrative Code.
(6) The Department shall have such other duties and functions as are assigned by the Charter, an ordinance, or the Mayor.
(c) Funding. The Department may be funded by appropriations from the Babies and Families First Fund established in Section 10.100-36 of the Administrative Code and including implementation of Section 2112(d)(2) of the Business and Tax Regulations Code, disbursements from the Public Education Enrichment Fund made pursuant to Section 16.123-4 of the Charter for preschool and early education programs, appropriations from the San Francisco Children and Families Trust Fund in Section 10.100-287 of the Administrative Code, and such other appropriations as the Board of Supervisors may direct by ordinance. The Department shall report the amount and percentage of its administrative costs that are funded by monies from the Babies and Families First Fund, the Public Education Enrichment Fund, and the Children and Families Trust Fund, respectively, as part of the Department’s proposed budget and accompanying documents to the EC COAC and the First Five Commission prior to the public hearing required by Section 5.13-5
(e) of the Administrative Code.
(d) Transfer of Functions. All City and County of San Francisco programs, employees and other personnel assigned to the Children and Families First Department (also referred to in the City Charter and the Municipal Code as “First 5 San Francisco”) and the Office of Early Care and Education shall be transferred to the Department. The Director of the Office of Early Care and Education shall be the interim Director of the Department until the Mayor appoints a Director. The transfer of programs, staff, and assets shall be effective as of the effective date of Ordinance No. 189-22
, establishing the Department of Early Childhood.
Reporting of Code Enforcement Activities. | |
Model Code Enforcement Forms. |
(a) This Section 2A.320 shall apply to the Department of Building Inspection, the Health Department, the Fire Department, and the Planning Department.
(b) All departments made subject to this Section by subsection (a) shall submit a quarterly report to the Mayor and the Board of Supervisors regarding the department's code enforcement activities, in a format to be developed by City Administrator, in consultation with the Director of the Department of Building Inspection, the Health Director, the Planning Director, and the Fire Chief. Nothing in this Section 2A.320 shall be construed to require the City or any department to waive any applicable attorney-client communication or attorney work product privilege.
(c) For every case referred to a hearing by the department pursuant to the procedures set forth in Building Code Section 102A, or similar hearing under the Health, Fire, or Planning Codes, the report shall disclose:
(1) Whether the matter has been resolved, the violations abated, and the penalties, along with any fees and costs, paid;
(2) Whether the matter has been or will be referred to the City Attorney for review and possible litigation; and, if appropriate,
(3) Other detailed explanation of how the matter is being handled.
(Added by Ord. 60-16, File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
No later than July 1, 2016, the City Administrator, in consultation with the Director of the Department of Building Inspection, the Health Director, and the Fire Chief and the heads of other interested City departments and agencies, shall prepare model forms for the Notice of Violation, Hearing Notice, and Administrative Order referenced in Building Code Section 102A. All City departments and agencies following the procedures of Building Code Section 102A, and the Fire Department and the Health Department, thereafter shall base their Notice of Violation, Hearing Notice, and Administrative Order on the model forms prepared by the City Administrator, although the departments may modify the model forms to meet their own operational needs.
(Added by Ord. 60-16, File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
Department of Homelessness and Supportive Housing. |
(a) Establishment. There is hereby created a Department of Homelessness and Supportive Housing (“Department”). 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.
(1) Under the supervision and direction of the Director, the Department shall manage and direct housing, programs, and services for homeless persons in the City including, but not limited to, street outreach, homelessness prevention and problem solving, coordinated entry, homeless shelters, transitional housing, and permanent supportive housing, as well as certain designated functions set forth in Chapter 20 of this Code.
(2) The Director or designee of the Director shall attend meetings of the Homelessness Oversight Commission (“Commission”), established by Charter Section 4.133, and the Department shall provide administrative and clerical staffing as needed to the Commission and the Local Homeless Coordinating Board and provide the Coordinating Board with the information they request in the exercise of their duties.
(3) The Department shall have such other duties and functions as are assigned by the Charter, an ordinance, or the Mayor pursuant to Charter Section 4.132.
Office of Cannabis. | |
Application and Annual License Fees. | |
Exclusions. | |
Undertaking for the General Welfare. |
(a) Establishment. The Mayor shall establish an Office of Cannabis under the direction of the City Administrator to oversee the implementation of laws and regulations governing cannabis in San Francisco. The City Administrator shall appoint a Director of the Office of Cannabis. The Office of Cannabis shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.
(b) Duties and functions.
(1) The Director of the Office of Cannabis and/or his or her designee (“Director”) shall issue, deny, condition, suspend, or revoke such permits in accordance with applicable laws and regulations. The final decision of the Director regarding a permit may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the San Francisco Business and Tax Regulations Code.
(2) The Director may impose reasonable conditions upon the issuance or renewal of cannabis business permits, consistent with applicable law and regulations, for the location and activities for which a permit is sought.
(3) The Director shall further coordinate with all relevant City departments, boards, and commissions for the conduct of any inspection or investigation necessary or appropriate for the full and fair consideration of applications for the issuance or renewal of permits under this Article XXVI. City departments, boards and commissions shall cooperate with the Office of Cannabis.
(4) The Office shall ensure that the perspectives of communities that historically have been disproportionately impacted by federal drug enforcement policies are included and considered in all policy decisions.
(5) By no later than November 1, 2017, the Director, in consultation with the Human Rights Commission and Controller, shall prepare and submit to the Board of Supervisors and the Mayor a report analyzing disparities in the cannabis industry based on race, income, economic status, gender, disability, sexual orientation, gender identity, and HIV/AIDS status. The report shall make recommendations regarding policy options that could (A) foster equitable access to participation in the industry, including promotion of ownership and stable employment opportunities in the industry (B) invest City tax revenues in economic infrastructure for communities that have historically been disenfranchised, (C) mitigate the adverse effects of drug enforcement policies that have disproportionately impacted those communities, and (D) prioritize individuals who have been previously arrested or convicted for marijuana-related offenses.
(6) By no later than November 1, 2017, the Director, in consultation with the Department of Public Health and the Controller, shall prepare and submit to the Board of Supervisors and the Mayor a report analyzing the unique needs of individuals who use cannabis for medicinal purposes. The report shall make recommendations on (A) preserving affordable and/or free access to medical cannabis patients, (B) ensuring medical cannabis patients continue to receive high-quality, appropriate care and (C) providing uninterrupted access to medical cannabis patients.
(7) By no later than January 1, 2020, and annually thereafter, the Director shall produce and submit to the Cannabis Oversight Committee a report evaluating the growth of the City’s cannabis industry. This report shall include, but need not be limited to, the following information, provided that the gathering or the disclosure of such information is not required where it would violate Federal or State law, and further provided that any reports derived from the data do not identify specific individuals:
(A) The total number of permits the Office of Cannabis granted in the prior 12 months in each permit category listed in Police Code Section 1607.
(B) The total revenue, including tax revenue, permitted Cannabis Businesses generated in the prior 12 months.
(C) The total costs the City incurred in processing Cannabis Business Permit applications in the prior 12 months.
(D) The total costs Cannabis Business Permit applicants incurred in the prior 12 months, associated with preparation, submission, and processing of Cannabis Business Permit applications.
(E) The average time for Cannabis Business Permit processing in the prior 12 months, measured from the date the Office of Cannabis receives an application for a Cannabis Business Permit through the date the Office of Cannabis grants or denies a permit.
(F) The total number and length of time in operation of permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by each permit category listed in Police Code Section 1607.
(G) The total number of employees directly employed by permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by job type or classification.
(H) The rate of pay and benefits of employees directly employed by permitted Cannabis Businesses that operated for 30 days or more in the prior 12 months, categorized by job type or classification.
(I) The total number of individuals in the City whose Cannabis convictions have been expunged in the prior 12 months.
(J) If available, the total number of permitted Cannabis Business owners, operators, and employees categorized by race and sex. The Director may request but not require Cannabis Business owners and operators to disclose such information. The Director may not consider such information in making any permit determination.
(a) Beginning January 1, 2018, the Office of Cannabis shall charge every applicant for a cannabis-related permit a non-refundable permit application fee. The Office of Cannabis shall also charge every business that receives a cannabis-related permit an annual license fee.
(b) The Office of Cannabis shall not collect any application or license fees under this Section 2A.421 until the Board of Supervisors enacts an ordinance establishing the amounts of those fees. No later than November 1, 2017, the Director, in consultation with the Controller, shall submit to the Board of Supervisors a proposed ordinance setting a schedule of permit application and annual license fees. The proposed fee schedule shall be calculated to recover but not exceed the City’s estimated costs of application-related and licensing-related activities, including but not limited to: administration, public outreach and education, development and maintenance of an online portal and application system, review and processing of applications and permit renewals, complaint resolution, inspections, enforcement activities, adjudication of appeals, and coordination with state agencies and other city departments. In developing this fee schedule, the Director shall estimate the number of permits and licenses to be issued per year, and consider any other information he or she determines appropriate in making the cost estimates referenced above.
(c) Beginning with fiscal year 2018-2019, the permit application and annual license fees set pursuant to subsection (b) of this Section 2A.421 may be adjusted each year on July 1, without further action by the Board of Supervisors. Not later than April 1 of each year, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of application- related and licensing-related activities, and that the fees will not produce revenue that is significantly more than the costs of providing such services. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted rates shall become operative on July 1.
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