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tv   [untitled]    November 30, 2011 11:00am-11:30am PST

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some of those? do you necessarily have to tap into this special pot of money? do you have >> we do not, currently we have funding that is available to handle what we would call a non special circumstances, mental- health cases, misdemeanor cases, all the cases that our department currently handles. what we don't have adequate funding for is the special circumstance in death penalty eligible cases. it is only in those cases that we would be seeking the funding. part of the requirement is that we would submit documentation to ensure that we would only be using these funds in cases where special circumstances were charged. these funds, once provided by
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the comptroller are put into a separate account. there is a trust fund created for each and every case. those expenditures will be monitored by the comptroller. supervisor kim: confirm this for me, you have the amount set aside for not special circumstance cases, but there is no restriction on the funding to be used for special circumstance cases. you might make the argument that there won't be enough money in there. correct? >> we definitely don't have the funding allocated. to give you an example, when requests in a special circumstances life without possibility of parole case, one
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individual request would probably wipe out the entire allocation for all of the alohor cases. supervisor kim: to you would make the argument that it is not enough. supervisor chu: if there are no other questions, let me invite of michael from the courts to add any comments. >> in short, what we have here is not necessarily a dispute between the public defender has a realignment of authority to allocate funds. realigning the authority back to the policy-making body of the city and county of san francisco. the interpretation of the penal code as it stands by the judge that considers these requests,
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she is only authorized to sign off on this funding for two types of cases. since cases and cases where the defendant has a prior prison term for murder in the first to second degree. we agree that these are cases that need special funding. we don't believe it is the role of the court. this is not our money. we believe it is more appropriate for the policy- making body to make that call. we support the usage of these funds for special circumstances cases. this is money that has already been set aside for this purpose, it is simply continuing past practice but with different procedure. we're supportive of this
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resolution and i am also happy to answer any questions. supervisor kim: this is the part that i found a little bit confusing. previously, the superior court of the cult -- or the public defender would make requests of the fund. but of the superior court judges the interpretation of the penal code as the way the fund is currently allocated, it does not allow antabuse for cases that don't involve the death penalty. if we change this through the resolution, we agree they can be used for the non-death penalty cases? >> is not the the court does not agree, it is that the court does not believe is the core's rule to make the approval. i or someone of the court should not have the authority as to whether or not to grant your
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money to put towards special circumstances cases. we agree they should be funded out of this reserve, we just loved it is a decision for us to make. supervisor kim: of the board passes the resolution, from here on out, the judge will feel comfortable authorizing funds to be used, to be continued to be used in cases where the death penalty is not sought. >> that is correct. supervisor kim: is this also changing the approval from the superior court judge to the comptroller's office? >> it is approval coming from you, the board of supervisors, have this money can be used for special circumstances. the specific approval may or may not have been there.
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it was one of our judges citing off of these requests. in the past, it was authorized to only be used for the two specific types of cases outlined. supervisor mirkarimi: i just want to note that we have been here some years now, umpiring some real interesting debates between courts and public defenders. a the this is a holiday moment where we have the to agreeing on this resolution despite may be some a lot of differences, the fact that there is agreement, let's not let the go unnoticed. we should move forward and pass this with recommendation. supervisor kim: i don't know if the court has ever disputed
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items, it was probably more the budget office that anything. >> the key for the common. -- thank you for that comment. >> to clarify the points made previously, what is happening here is a change in the documentation that we need in order to release the funds. prior practice with the staff would receive an item signed by the court. we would be receiving other documentation along these guidelines the and of being approved by the board that shows that it allows for the release of these funds. that is the primary effect of this legislation. supervisor chu: given the potential moving of the funds to a new name defined that would allow the comptroller to reserve ed released it, what it
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prevented the courts from being able to access that money? >> of a never accessed it directly. >-- they never accessed it directly. supervisor kim: but they would still be able to request it be released, correct? >> correct. >> on page five of our report, and $750,000 general fund appropriation for this reserve account as previously appropriated by the board of supervisors in the general city responsibility budget includes $500,000 from a carry forward appropriations. that was not expended in 10-11.
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we stated on page 6 that sense it has been previously appropriated, and general fund revenues, the board of supervisors and determine the guidelines on how funds should be expanded. supervisor chu: with regard to the actual findings, and those are laid out. and whether there is additional documentation provided basically requiring the special services, requiring the comptroller to conduct an annual reconciliation. are these similar standards or
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items considered when they take a look at these circumstances in the past? >> there hasn't been a formal annual reconciliation. basically, that as part of the year-end closing process. supervisor chu: for the first two items, i understand -- >> the comptroller's office have whas waited for the court's determination. supervisor kim: are these criteria similar to what the court considers anything about whether or not to request release? >> if i understand the question, what is the
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documentation required for a special circumstances case. and the public defender very eloquently stated earlier that there are factual findings in court that necessary for it to be deemed a special circumstances case. it would be documentation from the court session that would be brought to the office where it can be basically proven that it is a special circumstances case. supervisor kim: similar, but a different entity looking at it. supervisor campos: let me be clear that the guidelines reflected for the past 20 years, it is consistent with what has been done. it is a question of technically, procedurally, how is it done?
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supervisor chu: if there are no further questions, why don't we open the item of for public comment. are there members of the public that wish to speak? supervisor campos: this should be interesting. >> ♪ please release the money let it go ♪ ♪ won't you release some let em go ♪ ♪ so release them and let them live again ♪ ♪ please release the money let it go in the budget, that's where it belongs let it go
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let them live again ♪ supervisor chu: thank you. are there other members of the public that wish to speak on item number five? this item is before us. supervisor mirkarimi: motion to accept recommendation. supervisor chu: and we have the second. i will be supporting it as well. i think it makes sense, having these circumstances and requirements and does make sense. i wonder how we will deal with this on an ongoing basis. we will do that without objection. item 6, please. >> amending tax regulation code,
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the administration cut, fire code, health code, and police cut to establish a the date for the annual renewal of certain business licenses. and required departments to post a current business license fees on their web sites. supervisor chu: we have mr. cato from the tax collector's office. >> good morning, supervisors. i have a presentation today to give you an update on the overall business consolidation and give you a context that will
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be affecting the debates and clarify the penalty structure for some of the licenses in this city. overall, we are doing consolidation of those collected by the tax collector's office. there are regulatory departments throughout the city as far as department of public health that will issue permits the allow the business or the individual to conduct a business to do some sort of activity or of an item in the city. the license is the annual renewal of the permit and paying those fees. it is based on information gathered from the regulatory departments.
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we administer some of the annual license renewals, a number are to individuals rather than businesses. we have four different headlines throughout the year for businesses and individuals. so we have four different male cycles where we might start in the february for the march headline, send out a letter for june, and november for december. of the fees are held up in november and february. hong -- most of these are mailed out in the november and february. we want one bill per business owner, no matter how many locations they have. we have this legislative change, there will continue to be legislative changes.
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we have a licensing application in the tax collector's office. will be linking the licenses and permits. those businesses that have multiple locations at a multiple licenses to have them on one bill that goes to the business address. we will be doing consolidated mailing for accounts on march 31 of next year. this will streamline famous for businesses, everything will go to one mailing address. there'll be 1 billion -- only one billing period a year. and when these businesses changed their information with our office, it will update the
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information for the licenses and will be able to pull the information for the regulatory department. just to give you an idea of the process that we have had, this is what we consider the sow process for a sound policy. there have been working on this since may of 2010 with the mayor's office. we have been working with all the departments and all of the elements from the finance teams, policy teams, the budget, inspection, and compliance team. this has yielded improvements because we have been able to talk amongst different departments about what their processes are, and we improved the billing plant accounts collections. we have four different
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presentations in the meetings with them. i met with the golden gate restaurant association and of the members of our office have been meeting with the council district and merchants. we have been out there in the community to let them know about this change. this has really been working with a number of departments. just to give you an idea of what is happening right now, which have won business entity that owns three gas stations as an example. they have different licenses that happen to fall at four different times of the year. this one of version of its 12 different bills throughout the
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year so that they can get compliant, like having a station be able to dispense motor fuel, having a fax machine and in being able to sell tobacco products. what we envision with this implementation is that it will all be under one of ownership, it will have three locations. there will be a first bill set out for march 31, and will have a pro rated bills throughout the rest of the year to bring them kind to a march 31, 2013 billings cycle. anticipate businesses will appreciate being able to have a year-long to know in these hills are coming, to plan for the, they can plan financially for
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the overall bill in 2013. just to give you another idea of what that looks like, how the cycle comes together, we will have a full rollout of this in 2013. will continue to build up of the license application with the tax collector's office. we will continue to receive the information from the community about how this consolidated billing is helping them. it will also go to the regulatory departments and ask them how this is going for their own inspections. for both of removing those licenses or permits that might not really make sense anymore in the city. there will be opportunities for other licenses onto consolidated
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bills. to this is the first legislative step, but is definitely in the midst of the process, had to be coming back to you in the future to make sure we can bring everything ought to the same items and i have to take any questions. supervisor mirkarimchu: i thinks absolutely the right step forward. i think the consolidation will be helpful for many businesses that are faced with many things that come their way whether it is managing their business or paying bills. anything we can do to help simplify the process is a good thing. supervisor kim: thank you. ditto as well. it is a relief to read about this because it is a complaint i heard a lot from business owners, multiple bills that multiple times of the year and getting lost in the different
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deadlines. one question i thought about during the presentation, the one previous advantage was the you could break out the payments of a certain level to the city. was the concern that came out all having to pay one lump-sum once a year? >> it did not, as far as the outbreak for the merchant associations. it was an issue that was brought up initially what we have the early conversations with the small business commission, and one of the concerns was that if you break things up in different billing cycle, you're creating quarterly permits. we're back in the realm of having four cycles and four deliquency cyclees. s.
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we're more than willing to do and build out the opportunity for businesses to potentially prepay their licenses much as they do their business tax. but that means that they have a big hit. they're given license to operate or conduct business for a year, the villain of this on an annual basis seems appropriate, and if we were to have additional cycles, it would mean additional regulatory cycles. if a business were not to make one of their quarterly payments, we would need to send out an inspector and that would increase costs for everyone. supervisor kim: police see a decrease in administrative costs?
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-- police see a decrease in administrative costs? >> i think what we will see -- and do you think we will see a decrease in administrative costs? >> because the candy dispenser wasn't a core business and they have the lessons there, how they will have an incentive to get it taken care of because it will be all on one bill. what they the should mention that is happening is that we have already backed over all the businesses and we are going to be sending out a letter to them prior to the billing cycle to said, this is what we know about you, and if this is incorrect, let us know. the way we will continue to bill you. supervisor kim: do we already
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have one address for owners of multiple businesses, or will they have to input that? >> we have that with the business registration certificate. each license is by location and that is where the bill gets mail. you may have a business registration location for some of the smaller businesses, but they have multiple locations throughout the city. and the right person is getting it rather than a manager at one of the gas stations. >> is there a look of the future to do this on line? >> it will facilitate the process right now by going to individual locations. supervisor kim: i know with my own bills, if i have a more convenient address to get my car insurance bill, it is better for
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me did get it at my office, i can change in online. an online system will be helpful in the future. >> license consolidation will be able to be paid on life and we will be rolling out fairly quickly the ability to have businesses changed their addresses had to closures of light as well. one thing that is interesting about the registration is the licenses are done by location. they're sort of a larger entity, and many businesses have the 77 locations. it has been incredibly advantageous for us because it allows the ability to capture the information we have about businesses. they are much more akin to updating their permit
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information. it is fortifying the business tax in the business registration of affirmation. supervisor chu: thank yokim: thr the presentation. supervisor mirkarimi: i think this is a smart move, long overdue. the asseessor's office has been challenged and addresses have been provided by p.o. box. is there a way, especially those that might be absentee that on businesses from afar but are managed locally? i am curious if there is any data on the reality? >> for the licenses, the license itself, they will have to be a review of that.
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for the businesses, this will help us because for the business certificate that they have to maintain through the city, there might be a site in the city that is one location, but if they are a large corporation, we might be sending something back to the york. -- new york. supervisor mirkarimi: that is where the risk is where they are less responsive, going to p.o. boxes instead of specific addresses. that has been the charge for the city to collect in a more compliant away. >> if they are more than 30 days delinquent, by operation of law, there permit expires. supervisor mirkarimi: i think i agree with the notion