tv Government Access Programming SFGTV January 2, 2019 3:00pm-4:01pm PST
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last year, we have been very involved in the outreach interagency groups through workshops, workshops held at d.b.i., we also have reached out to merchants and business groups the director did a joint merchant walk in different districts with a director from d.b.i. and we intend to continue this outreach through the compliance, the compliance deadline date. okay. moving on to the impacts to small businesses, as a building code addition, as a mention to, the ordinance assigned compliance to the property owner however, some property owners will choose, and have chosen to allocate the responsibility to their small business tenants. what we are observing as there
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are common scenarios which of these pass-through his are happening, and we are ramping up with the support services to make sure the vulnerable small business tenants that are having to search of navigate this ordinance, having to comply with the ordinance, are appropriately supported. this is a more vulnerable situation. they are at greater risk of displacement and they are those who are on a month-to-month arrangement. they currently do not have a lease with their landlord or their -- they are on short-term lease. there are also situations where property owners are passing the responsibility through code compliance and accessibility provisions in their lease agreement. also the ordinance, the overlay of the ordinance with the federal a.d.a. is an added layer of complexity that we are having
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to navigate. historically, a landlord -- landlords have passed the a.d.a. requirements and accessibility requirements onto their tenants, and much of this is done because there is a lack of understanding under the federal a.d.a. that it is a shared responsibility between the property owner and the landlord. so our office has been very active in providing that education through the resources offered at our office, and helping property owners and tenants both understand that if a law suit is brought to the business, it is not only brought to the business itself but it can be to the property owner and the tenant. we are trying to provide that education that as a property owner, at times, the cost for upfront compliance, bringing
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your entryway into accessibility is cheaper than the back end of having to figure out -- being sued, basically. all rights. also, we are helping businesses that are navigating the ordinance. some of them may assume responsibility for the ordinance based on not knowing that there are property owner obligations. and also some small business tenants may assume responsibility because they own their buildings. okay. here is a list of the small business support services that we are offering to businesses. at this point, we have to assess each business' situation on a case by case business -- case-by-case basis. i am managing this as the case manager and also understanding the nuances of this ordinance. we are finding that each
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situation -- there is no one-size-fits-all solution. some of them are having to navigate contractual lease complexities and other businesses that are on the month-to-month are trying to figure out what their rights are , what sort of approach they should have been talking to their landlords. other businesses are unsure whether or not they can have that conversation with their landlord as to whether or not they will share the responsibility or the cost. so based on this, we really are taking that one-on-one approach in our counselling with these businesses to do an intake assessment of what the business needs. we will ask questions like do you own your property quiet do you have a lease quote what is the relationship with your landlord quiet and trying to
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understand also the business' financial capability to pay for remediation should it involve major construction or major work based on that intake and assessment, we will guide them through the appropriate channels the resources, the programs that our office offers, as well as resources through nonprofits that we are working with that provide legal assistance, and one-on-one business coaching. okay. i do want to present three quick cases to give you an idea of the types of questions, the types of businesses that we are serving thus far. all rights. case number 1, i will keep these businesses anonymous, case number 1 is the business is a latino owned hair salon.
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she has rented the space for five years on a month-to-month arrangement with her landlord and she currently has no lease. her tenant space is angled at the corner of the building, and it is a historic building. in front of the entryway there is a poll that supports the upper floors. in this case, your landlord has required her to comply with the ordinance. what we have done at this point is that we have had a couple of conversations with the tenant, trying to understand what position she is in to speak with her landlord. english is her second language, so i have worked with our office to communicate what her requirements are as a tenant and what her rates are as a tenant, and what will likely happen for this particular case is walking her through applying for a technical and feasibility
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through the ordinance, or an unreasonable hardship. we are working -- we are working with d.b.i. to understand what the criteria is for applying for an unreasonable hardship and for this specific business, since there is that pole in the middle , you could qualify for a technical and feasibility period but given her situation because she is on a month-to-month and because there is a proposed remediation of creating a brand-new entryway, not at an angle, would serve to be -- would cause severe financial hardship for that business, if not displace her as a business tenant. the second case, a community center is currently going through lease negotiation and the landlord is using the responsibility for compliance with the ordinance as a condition of the lease renewal. this space has a major slope in the sidewalk to the entryway.
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under the ordinance, that would be considered one step. the business of the category three. in this case, after consultation with the organization, we connected them with a pro bono legal service organization. they are currently helping them figure out what their rights are , and going through one-on-one the lease negotiation , making sure that if the business takes on the obligations of compliance for the ordinance, that they are -- that they are in the right in being able to do so and that they are -- their financial capability and their needs are being met through the lease negotiation.
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and then case number 3 capped a small flower shop as a tenant who has a seven year lease ending in 2020. their landlord did have an inspection done to inspect the entryway and the landlord already paid for filling out the checklist. the proposed remediation is to install a power door operator, which the landlord is now passing that responsibility onto the tenant to arrange and to pay for. they reached out to determine two things. one, if the door operator is required, the particular business, they keep their door open during all hours of operation, and they believe that the power door operator is not necessary since they keep the door popped open. and the second question they had is as a small operation, they are unsure whether or not they
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can afford a power door operator , since it can cost upwards of 7-$10,000 to install up and they are looking for financial assistance and financial resources in being able to cover the cost. so for this particular situation , we want the business -- we walked to the business through what that power door operator -- what that power operator means, which basically is an alternative solution under accessibility laws. for businesses that cannot bring their entryway fully into compliance, the power door operator is an alternative solution to be able to do so. that question of whether or not propping the door open would serve as an accessible option, we had to inform that business that there are going to be times when that door has to close. for example, if it is raining,
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or if it is smoky out. the door does have to close. which then which make it inaccessible as an entryway. and then in terms of the financial assistance, that particular business may be eligible for funding under the new grant program, which i will go over. operate. i do also want to note, on the slide here, there is, through the ordinance, there is an unreasonable hardship were technical in feasibility, which i mentioned. this photo on the right side is a category from front building. the entryway here may qualify for unreasonable hardship. as you look at the photo, there is limited space for compliance. there is no room for a chairlift , and there is also nonconforming steps moving down. this is the type of business that would be eligible for applying for the unreasonable
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hardship, which would then have to be ratified before the abscess appeals commission. operate. -- all right. okay. this is an example of an equivalent facilitation here on the right. i mentioned the power door operator. the front entry lift power door operator that is installed is considered an equivalent facilitation. the department of building inspection has the authority under the ordinance to improve equivalent facilitation his without going forth with the access appeals commission. all right. so this is a couple of screenshots here, keeping to the
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theme of our support services that we offered to small businesses. the a.d.a. resources webpage has a whole host of resources for helping businesses navigate their requirements under the ordinance. resources that are available to them such as a.d.a. tax credits, a database of certified access specialists that serve san francisco, questions to ask as you are shopping for a certified access to inspectors access specialists, and the various laws, aside from the accessible business entrance program, the laws, disability access laws at the state and federal level as well. okay. all right. lastly, i would like to inform you about a grant program we created to help support vulnerable small businesses in those cases where the property owner passes compliance to them. this grant is designed to be just one option.
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mainly the last resort option and it is intended for those who are very vulnerable and are unable to afford compliance on their own. in your binder, you have a copy of the grant application, and the scoring criteria under tab five. the process that we go through to determine whether or not a business is going to be eligible for this grant program is through the intake process when we are considering the business' particular situation, we will consider other programs and resources that are available to them such as a.d.a. tax credits, microloans, any other support programs that are available to them to be able to facilitate compliance with the ordinance. this option will be presented to the business as an internal referral to them. it is important to note that
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with this grant program, we are communicating it to our partner agencies, and to our invest in the neighborhood team through the office of economic and workforce development. we have also presented it to the inner agency departments through the abe as one option as part of our whole host of support services. all of these departments no that when they are working with businesses that are impacted by the accessible business entrance program, to refer them directly to the office of small business, and at that point, we will walk them through the intake process, and that is where they will find out about this grant program as a possible option for them. okay. the funds that are used to support this program is currently collected through the state's disability access and education fund. the fund was created by sb 1186
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that took us back in 2013, and demanded by ab 1379 in 20 -- in 2018. through the sb 1186 a. one dollar fee was added to local business registrations, and 70% of that fee was retained at the city level to be used to increase certified access specialists in the city, and also to facilitate better compliance with disability access laws. through ab 1379, which went into effect in 2018, the fee was raised to four dollars and 90% was retained at the city level. the office of small business is the administrator of this disability access and education fund at the local level and helping to facilitate compliance with the accessible business
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entrance program falls within the intended use of those funds. this year we have 174,000 unspent from previous years that we will use towards fulfilling the first two areas of this grant program. it focuses on connecting small businesses with a design professional to survey the entryway, and complete their checklist, and also provide reimbursement for businesses that have already paid for their checklist services, and went through a financial hardship in doing so. we are providing reimbursement for those businesses that are eligible for the grant program. under category three and four, which are the businesses that have -- that are in need of more remediation because they have steps, we are building up the program beginning mid next year,
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and next year we have 324,000 that will be used to build up the support services around category three and four. okay. this grant program is designed to mitigate displacement and leverage for more favourable lease terms for small businesses on the grant program application , you will see that we do have income verification. we are looking at first the businesses household income as a prequalifier for the grant, and the prequalification criteria is for those businesses that are extremely low income, low income , or moderate income under the housing and urban development income guidelines. for those businesses that are
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above moderate income, we do request to see the business' financial statement. at that point, we will weigh in on whether or not they are qualified by assessing the business information. all right. and then lastly, i do quickly want to note that we have a right -- rent stabilization accessibility grant for legacy businesses. this is a one-time grant available to legacy businesses that we are using as a rent stabilization mechanism. we have 135,000 dollars for this grant funds and we are hand selecting smaller businesses that are in need of complying with the accessible business entrance program or that are also in need of broader a.d.a. accessibility issues at their business.
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the intention of the legacy business accessibility grant is to leverage this grant for more favourable lease terms to ensure the longer term sustainability and tenure in existing legacy business tenant spaces. with that, we will give you ongoing reports of our progress on the grant program and our expanded efforts on categories three and four later in 2019 as we start to focus on the businesses with one or more steps. >> commissioner dwight? >> thank you for your presentation. this is great. i have a question. is this only for businesses that are public serving? or is this for all businesses? >> this is for businesses that are public serving. >> if you are an office, then you don't have -- if you're not a retail or a restaurant
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business like that, then this would not apply to you. >> if you are a professional office -- >> it could be professional services that are public serving , but if you are a manufacturing business,. >> manufacturers, technically, they are not title iii, but if you have a retail component to it where you do have the public coming in, then yes. so that portion of it. if it is strictly manufacturing because you are not opening your doors for the public to come in. if you do tours, things of that sort, you have to give consideration because you are inviting the public in. >> right okay. >> commissioner riley class. >> great presentation. i just want to note, these forms , these application forms, are they available online class. >> these are not. the grant application and the scoring criteria are not
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available on our website. does, as i mentioned, we are trying to be very careful in how we are communicating the grant program throughout the city. one, our intention here by not posting it on the website is that we don't want to see the grant -- we don't want the grant program to be communicated as an out for property owners. we want to make sure that the small businesses, that the grant applicants that are able -- that this program is for smaller businesses and we have been able to vet them and know that they are unable to afford compliance on their own. at this point, we are not posting it on the website. >> last resort. >> last resort. >> we will provide it to them whenever it is necessary.
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>> correct. >> as she noted, with our partners who are identifying those businesses, both our department or a.b.e. department partners have identified if you businesses and they have invested in a couple of neighborhoods pick what we do have on our website is we do highlight that we have the resources to support businesses who are required to go through this process. and to contact our office. so we are advertising that we do have support for them, and then we do want them to reach out to us. and as she said, if there is a language need to, we do have martha and carol are we have the access line to help with communication. thanks. >> any other questions? >> i have one thing. this is an incredible justice is
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incredibly thorough. this is a big project to manage. thank you for being responsible and for answering questions. i can send them your way and you are so responsive. so thank you. >> thank you. >> okay. do we have any members of the public would like to make comment on item number 5? seeing none, public comment is closed. thank you. it was a great presentation. any other commissioner comments? >> it is great. >> thank you. >> thank you. >> next item police. >> item six a semiannual report for the legacy business program for april through september, 2018. discussion item. the presenters are from the office of small business. >> this guy again. [laughter] >> he is a happy man.
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>> thank you. >> good evening, president adams and commissioners. i am with the legacy business program manager. s.f. gov t.v., i have a powerpoint presentation. today i'm presenting the semiannual report for the legacy business program for april through september, 2018, including major accomplishments, business assistance services, the legacy business historic preservation fund, marketing, and promotions, and major upcoming activities. there are copies of the report in your binders and there are copies on the table for members of the audience. please note we are shifting from quarterly reports, to a semiannual report back and since the annual report includes data through march 31st, the
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semiannual report will be for the period of april to september and note that we just did a quarterly report that was april through june. there is a little bit of overlap with this report. major accomplishments from april through september included adding 19 businesses to the legacy business registry, finalized rules and regulations for the legacy business reg is just registry, translated the legacy business program resources handbook into chinese, spanish and tag log cabin and posted it on the website to be a created becoming employee owned in partnership with the democracy of work institute, a small business toolkit to introduce legacy businesses to the succession strategy of transitioning to employee ownership. conducted outreach to city departments, commissions, committees and task forces to encourage them to patronize legacy businesses to the greatest extent possible.
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issued the business assistance grant for fiscal year 18-19, in english, chinese and other languages. received 103 business assistance grant applications for fiscal year 18, 19, created an annual reapplication process for the rent stabilization grant, processed 14 rent stabilization grant applications, issued a legacy business program annual report for fiscal year 17-18, finalize the legacy business program logo with the contractor , issued nine press releases about new legacy businesses, as well as small business week, and tweeted 13 tweets on twitter and posted nine entries on facebook about legacy businesses and legacy business programs. it is a tongue twister. not too bad for a person typing as i speak. in april through september, the semiannual column in this chart in the middle, we received 26
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non-profit organizations. the establishments of profit businesses. for the services, the program has provided technical assistance. and 255.2 hours of consulting. since march, there are 95 unique clients. the committees and taskforces, as i mentioned to encourage them. to do business with the city, legacy businesses must be suppliers with the city in the county of san francisco. they have access to one-on-one consulting. assistance with the registry
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applications. technical assistance. and workshops offered around the san francisco small business development sector at no cost. the topics are marketing, manage, books, training, access to capital and technology. providing assistance to legacy businesses impacted by the construction project. from april to september, the semi-annual period. recorded in the previous quarterly report. and additional from july to september are shown here. and square footage of the replications were about 2600
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square feet. there reporting period, we have the legacy business plan. now, the press articles, the legacy businesses and the legacy business program for the quarter between july and september, including specs. the legacy businesses. and victoria bakery which is a legacy business, the legacy business program was also mentioned in the article. legacy businesses are featured in articles. and new additions to the registry were featured in a news
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article. two additional articles were featured this semi-annual period. the legacy program between july and september, to august and september. october and beyond, include working with a creative group from the legacy business program including marketing and improvements. we are in the business of for applications. and creating an application for fiscal year 2020. creating a tool kit how to do business with the city and county of san francisco. creating a tool kit for legacy businesses on purchasing commercial property.
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investigating, providing legacy businesses to purchase the business from which they operate, and the assistance grant and developing protocols to address the growing demand for the grants. thank you. that includes my presentation. i am happy to answer questions you have. >> you had a very productive year and you have done a great job of managing the program. i have to say your tweet frequency is sub-standard. >> going forward i will tweet more. >> you have done a great job. it is really great. i am looking forward. >> commissioner? >> i would like to say you have done an awesome job with this.
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each of the programs. you really put it in the forefront of the community. when i am out in the community, you help me. but, you have done -- you have really taken this program with the office of small business. i am so proud of you. you have done a great job. so thank you. >> thank you. >> a great job. >> are there members of the public who would like to talk about item number 6? seeing none. all right.
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item 7. >> okay. anybody, any questions on item number 7? >> no. >> would members of the public like to make comment on the draft minutes of november 26th? seeing none. closed. we move to approve as submitted. >> second. >> all in favour? >> approved. so motion passes. 5-0. okay. >> item 8, directors report. updated report on the small business sector. the department programs. policy. announcements from the mayor and announcements with regards to small business. discussion items.
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>> commissioner, before i get into my report, this is the time to do the official welcome for dominica donovan. so, it is -- we want to welcome her. and she comes to us via boston but worked in d.c. she spent time with the peace corp. worked with the department of education. really, i appreciate her government experience background that she is going to be able to apply to this position. do you want to say a couple of words? >> sorry. i didn't hear you.
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i will keep it brief. i am honoured to be here and be part of the office of small business. and to really help small business associates. thank you. >> thank you. welcome. >> so moving on to the report, we highlighted some of the information regarding the accessible business entrance program. i do want to say i am appreciative of the department and the inspection and overseeing the program. they have been a tremendous partner. and really collaborative and working through some of the issues to help us figure out how best to solve some of the small business issues. i do extend my appreciation there. with the small business program, we will meet with the mayor's budget office to review the preservation grants.
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taking a look at the budget that we presented to you at the last meeting, and the retail vacancys, the mayor made an announcement, i would like to turn it over now to the president of the commission to elaborate on the mayor's announcements around the vacancy retail as the president was very involved in working on. >> it was introduced through the mayor and the supervisor brown. and a lot of it has to do with streamlining the inventory issues of getting into small, especially small business retail space. and a lot of the now -- the commissioners talked about having to move a store and talked about the licenses involved. a lot of this will be taken care
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of and streamlined. and allow pop-up stores to come into neighbourhoods without going through the rigamarole. a lot of businesses it takes from 6 months to 3 years to open. and that is unacceptable. and the mayor has realized that. you know, they want to support a broader range of space issues, create solutions to activate store fronts, including the combined uses within one location. allowing temporary pop-ups and promoting. and streamlining the progress review process, to opening a expanding and operating small businesses and making it as simple and efficient as possible.
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and supporting temporary activation development sites. i invited them to come speak in fron front of the commission. i think it is a win-win situation for the landlord and for the city. >> and the legislation is yet to be introduced, once it is, then, it will definitely be before you to review. >> so thank you president adams for that. and the legislation and policy, i will highlight some of the items that you have heard. items that are before the board tomorrow is the last, well, technically was going to be the last board meeting of the calendar year. but they are arguing a special board meeting to hear one particular item that doesn't have to do with small business.
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so the board meeting is the 10th, it should say the 12th. it will be the second reading of the refuge ordinants. i highlighted some of the key changes, the three key changes that really pertain to the issues that are a concern of our small businesses. as i noted last time, they changed the definition of a large refuge generators to 40 cubic yards. that did take out a good number of small businesses but not all. also, under the definition of audit, they added the language which may be conducted to analysis of representative samples. that is important, especially for businesses that are going to be audited, the refuge is corrected, curb sites.
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and then, the first hearing, they are extending out -- spending time for affordable housing and the non-profits, there will be an additional 360 days to engage with the facilitateors. this allows them time to short of remediate the situation before they need to engage with the zero waste facilitateors. we did that for the small businesses. but they will have time to rectify the situation before hiring a zero waste facilitate or. there will be a report on finding the recommendations. after three and a half years. and then, for the programs for
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candidates. so the director spoke of, those were included. so the agreement was decoupled from the apprenticeship requirement. on your recommendation. i am highlighting the section that was -- the requirement -- the recommendation which you adopted, the full commission adopted that under the subsection operates in partnership with one or more community based organizations. we are -- ask it to be amended to say san francisco. the community based organizations. i will see if it is specific to the commissioner's recommendation which you have adopted. and we will see if that gets in the final legislation.
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the director is working on that. we are yet to see. and then, the regulations that you did here with nicole, the director nicole elliott. those have been amended at different times. i have not been able to really go through and things have been added and changed. so it has its second reading tomorrow. so after it is finally passed, i will do a briefing on what was in the final legislation because the legislation that you heard and provided comment on was the first draft. so there -- and quite a few amendments and changes. and i just wanted to highlight for you that supervisor cohen is creating an african-american arts and cultural district in
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the bayview point. just to let you know that it is -- the city departments are to submit written reports and recommendations describing the culture objectives of the district and proposing strategies to acknowledge and to preserve the cultural legacy of that district. so it is working to establish the formation of it. it is not the final legislation that says this is what the historical district is. the project agreement, the informational presentation was given at the last meeting. last thursday's government audits committee.
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amendments were presented. and i was not able to be at that meeting. and watch the meeting. so i just pulled out a couple of things from the legislation that i think -- that i think will be of interest to you. so that contractors will position engagement of each contractor on the subcontractor's agreeing to comply with the terms of the project labour agreement and unless the subcontractor is a local business enterprise that has not received over 5 million uncovered projects -- over the entire duration of the poa. so i have not been able to check
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in. you know that is -- it looks like that was one of the amendments toward trying to make things a little more beneficial. lbes are allowed two core employees per cover project. the first time, no employees were allowed. lbes were trying to push for more. they have two. and then the final, the final thing that i think is going to be very important is that within one year after the city administration executes the poa, the controler shall conduct annual reviews to evaluate whether there is completion of the project. the cost to covered the project and the impact on the lbes and local work workforce. there is that ability to track
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the implications of the ordinants. the temporary -- the regional vacancies, it highlights what is in the ordinance. this is a very simple find. and again, it is district 1, 4, 5, 10 and 11 who are -- have -- who are amending the zoning codes to allow for the temporary pop-ups, the flexible retail, and also activity on ground floor. and then to highlight -- to highlight some interesting items through -- that have come into the office as well. we are receiving calls from small businesses wanting verification of the legitimacy
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of waivers, the landlords are requesting them to sign, due to the june proxy, the additional tax on commercial rents, mostly child care and education. which has been interesting. there is not an official form that i am aware of yet that the city has created. one business i contacted is in a large sort of manufacturing space. and his business -- his business is in the space, but his business does not fit sort of the traditional manufacturing definition of the property owner. he was confused as to whether he could sign this. the one thing that we need to clarify for our office and i have asked support for this is
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that if a business is signing this waiver saying i certify that i am a business that -- that basically accepts my property owner from paying the additional tax because they get an exclusion under the proxy, if for any reason that is not quite accurate, who is liable? we need to dive into that a little bit more how we advise businesses. and on the radar, there will be a presentation early -- or sometime within the first half of next year. the retirement program, it is for businesses that have five or more employees that they are required to offer this retirement for the program. if they do not have their own
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workplace retirement program. and so it is a business's responsibility making sure that the employees know about the program and have the opportunity to be able to sign up for the program. there is no employer contribution, but there is an obligation on the employer to make sure that the employee is aware of it. so i will be reaching out to them. i want to know what the outreach strategy is, according to the california employers association, any business with under 50 employees do not have in house hr, so between the 5 and 50, what will be the outreach to ensure that businesses are aware of this. and of course, we will continue to do outreach and make sure people are aware of that.
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and then lastly, advice for 2019. i have highlighted some of the meeting dates here in the report. may 29th is -- we have rescheduled to may 29th, in may, because of the memorial day holiday. is it a monday or a tuesday? >> 27th is memorial day. >> so this is a tuesday. and then -- so the may 29th, and november 12th are -- the may 29th is a wednesday, not a tuesday. and then the november 12th is a tuesday, and these are the only alternative dates that i could find for this meeting room for
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any meeting room, hearing room to be able to have a second meeting in the month. we of course, can cancel it if we don't need it. but i wanted to make sure that we will a second meeting scheduled. so concludes my report. one last thing president adams, if we could close the meeting in -- wednesday is the anniversary of his passing. >> okay. any questions for the director? any members of the public who would like to comment on the director's report? seeing none, public questioning is closed. any questions for the director? next item, please. >> item 9. the commissioners reports.
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(reading item 9) >> i have one thing, i want to say thank you to the supervisor vanderman, the office of economic development. i want to say thank you. the announcement on the storefront vacancy strategy. >> commissioners? >> i attended the city hall, small business pop-up last week. and it was well attended and i want to give a shout out to the
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city for continuing to support the annual benefit. it is a great opportunity to showcase what the small business businesses. >> any other commissioners? seeing none. members of the public who would like to comment on the commissioner report? seeing none. next item. >> item 10 (reading item 10... >> anything else, commissioners? members of the public who would like to comment? seeing none. public comment is closed. next item, please.
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>> each small business commission meeting, small business is the only place to start a new business in san francisco. the san francisco small business commission is the official area to voice your concerns. next item. >> i would like to adjourn tonight's meeting and honour our member who passed away a year
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. >> happy holidays, san francisco. hundreds of festive lights are illuminating san francisco streets using 100% greenhouse gas free hydroelectric power. this year, the city is celebrating 100 years of providing this power from hetch hetchy system which powers muni, our schools and libraries, street lights, san francisco international airport, city government buildings, private developments, and more. look for holiday bell lights along third street, and illuminated snowflakes on market street. the san francisco public utilities commission and the san francisco public works welcome all to enjoy the magic
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