San Francisco County Municipal Code Art. II Loan Administration

Sec. 50.10. Duties of City and County Agencies. Sec. 50.11. Rules and Regulations. Sec. 50.12. Reports to the Board of Supervisors.

The Director shall be responsible for administration of all aspects of the Nonprofit Performing Arts Loan Program. The Director and each City and County agency assigned responsibilities under this Chapter shall have all such authority as may be reasonably necessary to carry out those responsibilities, including the authority to enter into or amend any agreements that the Director deems necessary to help administer the Nonprofit Performing Arts Loan Program, including but not limited to, agreements with loan servicing agencies. While retaining the overall responsibility for the administration of the program, the Director may utilize the services of the Department of Public Works and the Fire Department in connection with the code enforcement aspects of the program, and the services of the Mayor's Office, Department of Administrative Services, Department of Building Inspection and Real Estate Department in connection with the loan financing aspects of the program. The Director may also request the assistance of any other City and County agency in meeting his or her responsibilities under this program. With respect to funds previously sent through interdepartmental work order from Grants for the Arts to the Non Profit Performing Arts Loan Program to supplement the original $500,000 in the Fund, the Director shall have the discretion to convert such funds for use in making capital grants. (Added by Ord. 69-84, App. 2/15/84; Ord. 114-06, File No. 051519, App. 6/1/2006)

The Director shall promulgate such rules and regulations as he or she may deem appropriate to carry out the provisions of this Chapter, including rules and regulations for general payment schedule adjustments, individualized payment schedule adjustments and criteria for loan forgiveness where the Director, in consultation with the Controller's Office, deems such provisions are necessary in order to recoup outstanding loans or to ensure the ongoing effectiveness of the program by assisting the economic viability of the borrowers and helping to alleviate debt-related or other financial hardships. Said rules and regulations shall be developed in consultation with pertinent City and County agencies and any other appropriate organizations which the Director in his or her discretion may choose to consult. The Board of Supervisors shall by resolution approve all such rules and regulations prior to their effective date. A copy of all such rules and regulations shall be available for review by the public during regular business hours in the office of the Director, the office of the Clerk of the Board of Supervisors, the Fire Prevention Bureau of the Fire Department, the Department of Public Works and in every other office which is assigned responsibilities for carrying out this program. Within the first six (6) months following the effective date of this Ordinance, the Director shall submit, for review and consideration at a public hearing, a report to the Board of Supervisors containing the financial status on each of the loans in the NPALP portfolio, setting forth (a) any specific criteria for loan adjustments or forgiveness, (b) a plan of action for collection of all remaining delinquent and future loans, and (c) a proposed plan regarding whether NPALP loan recipients may use any portion of their annual City grant funds for NPALP loan repayment purposes. (Added by Ord. 69-84, App. 2/15/84; Ord. 114-06, File No. 051519, App. 6/1/2006)

The Director shall submit a semi-annual report to the Board of Supervisors, within 90 days following the completion of each six-month period, setting forth a description of all loans made under this Chapter and an accounting of the uses made of all monies appropriated to the fund for the period in question. The Director's report shall include the fees, interest rates and other charges levied for each loan. The semi-annual reports shall also include the following information: (a) For loans subsequent to the date of the last semi-annual report, the primary purpose of the loan, the principal amount, interest rate, and any fees which have been charged on the loan in excess of regularly scheduled interest payments; and (b) For loans outstanding as of the date of the last semi-annual report, the outstanding principal balance, the current status of principal and interest, repayments made, if any, any current or potential default under the loan documents and any potential administrative action to be taken with respect thereto. (Added by Ord. 69-84, App. 2/15/84; amended by Ord. 160-91, App. 4/25/91)