sfgov | residents | business
| government | visitors
| online services
|
|
|
|
sfgov | residents | business
| government | visitors
| online services
|
ARTICLE XVI: MISCELLANEOUS PROVISIONS
Sec. 16.100. Reserved.
Sec. 16.101. Acquisition of Public Utilities.
Sec. 16.102. Reserved.
Sec. 16.103. Utility Revenues and Expenditures.
Sec. 16.104. Airport Revenue Fund.
Sec. 16.105. California Academy of Sciences.
Sec. 16.106. Cultural, Educational and Recreational Appropriations.
Sec. 16.107. Park, Recreation and Open Space Fund.
Sec. 16.108. Children's Fund. [Effective through June 30, 2001]
Sec. 16.108. Children's Fund. [Effective July 1, 2001]
Sec. 16.109. Library Preservation Fund.
Sec. 16.110. Reserved.
Sec. 16.111. Franchises.
Sec. 16.112. Citizen Participation; Public Notices, Hearings and Access to Public Documents.
Sec. 16.113. Severability.
Sec. 16.114. Powers of Inquiry and Review.
Sec. 16.115. Heading and Captions.
Sec. 16.116. Appendix A– Employment Provisions.
Sec. 16.117. Appendix B– Port Agreements.
Sec. 16.118. Appendix C– Ethics Provisions.
Sec. 16.119. Appendix D– Building Inspection Provisions.
Sec. 16.120. Customer Service Plan.
Sec. 16.122. Right to Vote on Any Project that Would Place 100 Acres or More of Fill in San Francisco Bay.
Sec. 16.123. Civilian Positions within the Police Department.
Sec. 16.123-1. Preamble.
Sec. 16.123-2. Public Education Enrichment Fund.
Sec. 16.123-3. Arts, Music, Sports, and Library Programs.
Sec. 16.123-4. Universal Access to Preschool.
Sec. 16.123-5. Other City Support for the San Francisco Unified School District.
Sec. 16.123-6. Expenditure Plans.
Sec. 16.123-7. Structural Savings to the City's Budget.
Sec. 16.123-8. Adjustments.
Sec. 16.123-9. State Redistribution of Local Education Revenues.
Sec. 16.123-10. Sunset.
Sec. 16.124. Board of Supervisors Authorized to Respond to Certain Orders or Requests for the Production of City Records.
Sec. 16.125. Domestic Partnership.
SEC. 16.100. RESERVED.
Note: Renumbered as § 8A.114 by Proposition A, Approved 11/6/2007)
SEC. 16.101. ACQUISITION OF PUBLIC UTILITIES.
It is the declared purpose and intention of the people of the City and County, when public interest and necessity demand, that public utilities shall be gradually acquired and ultimately owned by the City and County. Whenever the Board of Supervisors, as provided in Sections 9.106, 9.107 and 9.108 of this Charter, shall determine that the public interest or necessity demands the acquisition, construction or completion of any public utility or utilities by the City and County, or whenever the electors shall petition the Board of Supervisors, as provided in Sections 9.110 and 14.101 of this Charter, for the acquisition of any public utility or utilities, the Supervisors must procure a report from the Public Utilities Commission thereon.
SEC. 16.102. RESERVED.
Note: Renumbered as § 8A.115 by Proposition A, Approved 11/6/2007)
SEC. 16.103. UTILITY REVENUES AND EXPENDITURES.
(a) Receipts from each utility operated by the Public Utilities Commission shall be paid into the City and County treasury and maintained in a separate fund for each such utility. Appropriations from such funds shall be made for the following purposes for each such utility in the order named:
1. For the payment of operating expenses, pension charges and proportionate payments to such compensation and other insurance and accident reserve funds as the Commission may establish or the Board of Supervisors may require;
2. For repairs and maintenance;
3. For reconstruction and replacements as hereinafter described;
4. For the payment of interest and sinking funds on the bonds issued by the Public Utilities Commission pursuant to this charter;
5. For extensions and improvements; and
6. For a surplus fund.
For any utility with outstanding bonds for which the indenture requires different payment priorities, the bond priorities will control over the priorities set forth in this section.
(b) For the purpose of providing funds for reconstruction and replacements due to physical and functional depreciation of each of the utilities under the jurisdiction of the Commission, the Commission must create and maintain a reconstruction and replacement fund for each such utility, sufficient for the purposes mentioned in this section, and in accordance with an established practice for utilities of similar character, which shall be the basis for the amount necessary to be appropriated annually to provide for said reconstruction and replacements.
(c) If, at the end of any fiscal year, the Controller certifies that excess surplus funds of a utility exist, from hydropower assets or water or clean water assets in excess of 25 percent of the total expenditures of such utility in the previous fiscal year for costs of operation, repair, maintenance and debt service coverage and required debt service reserves, the Public Utilities Commission may transfer that surplus revenue, in whole or in part, to any other utility system under the Commission's jurisdiction on the operative date of this section.
(d) Any surplus revenue which the Public Utilities Commission unanimously finds is not required for utility purposes pursuant to sections (a) and (b) of this section may be transferred to the General Fund by the Public Utilities Commission with the concurrence of three-fourths of the Board of Supervisors upon making all of the following findings of fact and judgment:
(a) That a surplus exists or is projected to exist after meeting the requirements of this section;
(b) That there is no unfunded operating or capital program or required reserve that by its lack of funding could jeopardize bond ratings, health, safety, water supply or power production;
(c) That there is no reasonably foreseeable operating contingency that cannot be funded without General Fund subsidy; and
(d) That such a transfer of funds in all other respects reflects prudent utility practice.
The Commission shall make such findings having received reports and an affirmative recommendation from the General Manager and a public hearing, which shall have received no less than 30 days of public notice.
(e) The provisions of subsection (c) above shall not be applied in a manner that would be inconsistent with the provisions of any outstanding or future indentures, resolutions, contracts or other agreements of the City and County relating to bonded indebtedness issued in connection with the utility, or with any applicable state or federal laws.
(Amended November 2002)
SEC. 16.104. AIRPORT REVENUE FUND.
Subject to the budget and fiscal provisions of this Charter:
(a) The entire gross revenue of the Airport Commission shall be set aside and deposited into a fund in the City and County treasury to be known as the "Airport Revenue Fund." All amounts paid into the Fund shall be maintained by the Treasurer separate and apart from all other City and County funds and shall be secured by the Treasurer's official bond or bonds.
Separate accounts shall be kept with respect to receipts and disbursements of each airport under the jurisdiction of the Commission.
(b) Monies in the Airport Revenue Fund including earnings thereon shall be appropriated, transferred, expended or used for the following purposes pertaining to the financing, maintenance and operation of airports and related facilities owned, operated or controlled by the Commission and only in accordance with the following priority:
1. The payment of operation and maintenance expenses for such airports or related facilities;
2. The payment of pension charges and proportionate payments to such compensation and other insurance or outside reserve funds as the Commission may establish or the Board of Supervisors may require with respect to employees of the Commission;
3. The payment of principal, interest, reserve, sinking fund and other mandatory funds created to secure revenue bonds hereafter issued by the Commission for the acquisition, construction or extension of airports or related facilities owned, operated or controlled by the Commission;
4. The payment of principal and interest on general obligation bonds heretofore or hereafter issued by the City and County for airport purposes;
5. Reconstruction and replacement as determined by the Commission or as required by any airport revenue bond ordinance duly adopted and approved;
6. The acquisition of land, real property or interest in real property for, and the acquisition, construction, enlargement and improvement of new and existing buildings, structures, facilities, utilities, equipment, appliances and other property necessary or convenient for the development or improvement of any airports and heliports owned, controlled or operated by the Commission in the promotion and accommodation of air commerce or navigation and matters incidental thereto;
7. The return and repayment into the General Fund of the City and County of any sums paid by the City and County from funds raised by taxation for the payment of interest on and principal of any general obligation bonds previously issued by the City and County for the acquisition, construction and improvement of the San Francisco International Airport;
8. For any other lawful purpose of the Commission including, but not limited to, transfer to the General Fund during each fiscal year of 25 percent, or such lesser percentage as the Board of Supervisors shall establish, of the non-airline revenues as a return upon the City and County's investment in the Airport. "Non- airline" revenues means all airport revenues from whatever source less revenues from airline rentals and charges to airlines for use of Airport facilities.
SEC. 16.105. CALIFORNIA ACADEMY OF SCIENCES.
All buildings and improvements erected by or under the authority of the California Academy of Sciences, in or on property owned or controlled by the City and County, including but not limited to the Steinhart Aquarium, the original Natural History Museum, the Simson African Hall and the additions housing, among other things, the Alexander F. Morrison Planetarium and Auditorium, are the property of the City and County. However, the buildings and improvements, and the activities and personnel therein shall be managed and controlled exclusively by the California Academy of Sciences, except that employees of the City and County shall be subject to the personnel provisions of this Charter and their compensation fixed in accordance with this Charter and City and County funds are subject to the financial provisions of this Charter.
The California Academy of Sciences shall submit to the Mayor and Board of Supervisors an annual financial statement of its activities in connection with the operation of the buildings described in this section.
Nothing herein shall abrogate any trust by which any property of the California Academy of Sciences has been acquired.
SEC. 16.106. CULTURAL, EDUCATIONAL AND RECREATIONAL APPROPRIATIONS.
The Board of Supervisors shall annually appropriate:
1. To the Arts Commission, the revenue from a tax of one-eighth of one cent ($0.00125) per one hundred dollars ($100) of taxable assessed valuation in the City and County for maintaining a symphony orchestra;
2. To the Asian Art Commission, an amount sufficient for the purpose of maintaining, displaying, and providing for the security of the City and County's collection of Asian art;
3. To the California Academy of Sciences, funds necessary for the maintenance, operation and continuance of the Steinhart Aquarium; the Board of Supervisors shall have the power to furnish to the California Academy of Sciences such funds as the Board shall deem proper for the maintenance, operation and continuance of any or all other of the buildings and improvements placed under the control of the California Academy of Sciences;
4. To the Fine Arts Museums Board of Trustees, an amount sufficient for the purpose of maintaining, operating, providing for the security of, expanding and superintending the fine arts museums and for the purchase of objects of art, literary productions and other personal property;
5. To the War Memorial and Performing Arts Center Board of Trustees, an amount sufficient to defray the cost of maintaining, operating and caring for the War Memorial and Performing Arts Center;
6. To the Library Commission, the revenue from a minimum tax of one cent ($0.01) per hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving the library system of the City and County;
7. To the Recreation and Park Commission, the revenue from a minimum tax of two and one-half cents ($0.025) per one hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving parks and squares, and the revenue from a minimum tax of one and three quarter cents ($0.0175) per one hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving playgrounds; and
8. To the Arts Commission, for the City and County-owned Community Cultural Centers, an amount sufficient for the purpose of maintaining, operating, providing for the security and superintending of their facilities and grounds, and for the purchase of objects of art, literary productions, and other property, and for their expansion and continuance in the City and County of San Francisco.
SEC. 16.107. PARK, RECREATION AND OPEN SPACE FUND.
(a) Establishment of Fund. There is hereby established the Park, Recreation and Open Space Fund ("Fund") to be administered by the Recreation and Park Department ("Department") as directed by the Recreation and Park Commission ("Commission"). Monies therein shall be expended or used solely by the Department, subject to the budgetary and fiscal provisions of the Charter, to provide enhanced park and recreational services and facilities.
(b) Annual Set-aside. The City will continue to set aside from the annual tax levy, for a period of thirty years starting with the fiscal year 2000-2001, an amount equivalent to an annual tax of two and one-half cents ($0.025) for each one hundred dollars ($100) assessed valuation. Revenues obtained thereby shall be in addition to, and not in place of, any sums normally budgeted for the Department and, together with interest, shall be deposited into the Park, Recreation and Open Space Fund.
The Controller shall set aside and maintain such an amount, together with any interest earned thereon, in the Fund, and any amount unspent or uncommitted at the end of the fiscal year shall be carried forward to the next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes specified in this Section.
(c) Enhanced Revenue and Efficiency Incentives for the Department. It is the policy of the City and County of San Francisco to give the Department greater incentives to improve operational efficiencies and to increase revenue. Increases in revenues and savings shall be dedicated as follows:
1. Actual net increases in Department-generated revenues, compared to the previous fiscal year, shall be dedicated to capital and/or facility maintenance improvements to park and recreational facilities;
2. New revenues from outside sources, such as grant or foundation support, shall be used only for enhancement of park and recreational programs, including, but not limited to, capital and/or facility maintenance improvements; and
3. Overall Department expenditure savings shall be retained by the Department to be dedicated to one-time expenditures.
The City shall implement its efforts to increase revenues in a manner consistent with the City's policy of charging City residents a lower fee than that charged nonresidents for the use and enjoyment of Department property.
(d) Revenue Bond Authority. Notwithstanding the limitations set forth in Sections 9.107, 9.108, and 9.109 of this Charter, the Commission may request, and upon recommendation of the Mayor the Board of Supervisors may authorize, the issuance of revenue bonds or other evidences of indebtedness, or the incurrence of other obligations, secured by the Park, Recreation and Open Space Fund for acquisition, construction, reconstruction, rehabilitation and/or improvement of real property and/or facilities and for the purchase of equipment.
(e) Fund Expenditures on Commission Property. Any real property acquired with monies from the Fund, including the proceeds of obligations issued pursuant to subsection (d), above, shall be placed under the jurisdiction of the Commission within the meaning of Section 4.113. Fund expenditures to improve, construct, reconstruct or rehabilitate real property shall be limited to property under the jurisdiction of the Commission or property under the jurisdiction of another City department or public agency and subject to an agreement with the Department for its use, management and maintenance.
(f) Use and Allocation of the Fund. Each year, the Commission shall adopt a budget for the allocation and expenditure of the Fund in compliance with the budget and fiscal provisions of the Charter, which shall be adopted by the Commission only after a written determination by the Planning Department of conformity with the City's General Plan.
The annual budget for allocation of the Fund that is adopted by the Commission and submitted by the Mayor to the Board of Supervisors shall include:
1. Allocations for after-school recreation programs, urban forestry, community gardens, volunteer programs, and a significant natural areas management program in the amounts allocated for each of those programs from the Park and Open Space Fund in the Department's fiscal year 1999-2000 budget, to the extent that such programs are not so funded in the Department's operating budget or in the budget of another City department.
2. An allocation necessary to ensure that 3% of the monies to be deposited in the Fund during the upcoming fiscal year pursuant to subsection (b), above, be available at the start of the fiscal year as an undesignated contingency reserve.
3. An allocation of not less than 5% of the monies to be deposited in the Fund during the upcoming fiscal year pursuant to subsection (b), above. These monies shall be dedicated to the acquisition of real property identified in the Capital Plan discussed in subsection (g), below. Any portion of these monies that remains unspent or uncommitted at the end of any fiscal year shall be carried forward, with interest thereon, to the next fiscal year for the purposes set forth herein. The 5% allocation need not be included in the budget submitted to the Board of Supervisors for an upcoming fiscal year to the extent that the total City expenditure for acquisition of property to be placed under the jurisdiction of the Commission for the period commencing with fiscal year 2000-01 and ending with the close of the immediately preceding fiscal year exceeds an amount equal to 5% of the total amount appropriated, or to be appropriated, to the Fund for the period commencing with fiscal year 2000-01 and ending with the close of the upcoming fiscal year.
Prior to the adoption of the annual budget by the Recreation and Park Commission, the Department, in conjunction with the Citizens Advisory Committee discussed in subsection (h), below, shall conduct two public hearings in the evenings or on weekends to permit the public to comment on the Department's full budget and programming allocations.
(g) Planning and Reporting Measures. The Commission shall adopt several long-term plans that include, but are not limited to, the following:
1. Strategic Plan. By December 1, 2000, the Department shall prepare, for Commission consideration and approval, a five-year Strategic Plan, to be updated annually, that establishes or reaffirms the mission, vision, goals and objectives for the Department. This Strategic Plan will be used to guide the Department's work over the next five years.
2. Capital Plan. By December 1, 2000, the Department shall prepare, for Commission consideration and approval, a five-year Capital Plan, to be updated annually, for the development, renovation, replacement and maintenance of capital assets, and the acquisition of real property. In its Capital Plan the Department shall propose specific properties to be acquired for open space, recreation facilities, significant natural areas, and other recreational purposes and shall prioritize capital and maintenance improvements and provide budgets associated with such improvements. Capital and acquisition projects will be designated by the Department based upon needs identified by the Department and the community. Capital projects will include the planning, design and construction of projects that rehabilitate, restore or replace existing facilities or that develop new facilities. Acquisition projects will include, but will not be limited to, purchase, lease, exchange, eminent domain, license or any other vehicle giving the City a right, whether revocable or not, to use real property, or any interest therein, or any improvement or development rights thereon, for recreational purposes, including, but not limited to, protection of natural resources, development of community gardens and development of urban trails, provided that, notwithstanding anything herein to the contrary, no acquisition of less than fee simple title may be for a term of less than ten years.
3. Operational Plan. By December 1, 2001, the Department shall prepare, for Commission consideration and approval, a five-year Operational Plan, to be updated annually, detailing proposed improvements to the Department's services and responsiveness to customer needs. The annual Operational Plan will serve as a tool for improving the operational efficiency of the Department and will include measurable performance standards for the Department. The Department shall prepare the initial Operational Plan after conducting a performance audit of Departmental operations. Thereafter, the Department will conduct periodic performance audits.
The Commission shall establish a community input process, which may include the Citizens Advisory Committee discussed in section (h), below, through which citizens of the City and County of San Francisco will provide assistance to the Commission as it develops criteria and establishes the plans required by this subsection. Prior to the adoption of each five-year plan, the Department shall conduct at least five hearings in locations distributed geographically throughout the City to receive and to consider the public's comments upon the plan. The Commission shall ensure that at least two of these hearings are held in the evenings or on weekends for the public's convenience.
The Department shall report annually, as a part of the City's budget process, to the Mayor and to the Board of Supervisors, on the status of the plans and on the status of Department goals, objectives and capital project timelines for the current fiscal year, as well as provide reports on performance measures required by this Section.
(h) Citizens Advisory Committee. The Board of Supervisors shall establish, by ordinance, a Citizens Advisory Committee.
(i) Environmental and Design Guidelines. The Commission shall adopt written environmental and design guidelines for new facilities, parks, and open spaces and the renovation or rehabilitation of existing facilities, parks, and open spaces. These guidelines shall be consistent with any applicable standards of the Art and Planning Commissions.
(j) Capital Projects. Notwithstanding the provisions of Section 3.104 of this Charter, the Commission shall have the authority to prepare and approve the plans, specifications and estimates for all contracts and orders, and to award, execute and manage all contracts and orders, for capital projects on real property under its jurisdiction or management. Capital projects supported by the Fund, other than those projects identified by the Department as long-term projects, must be fully constructed within three years of the initial budget allocation for those projects. Long-term projects must be fully constructed within five years of the initial budget allocation. Any exceptions to this provision must be authorized by a two-thirds vote of the Commission.
The Recreation and Park Department and the Department of Public Works ("DPW") shall establish a committee to develop a written, capital implementation program, for the consideration of both Departments, that will govern DPW's involvement in capital projects undertaken by the Recreation and Park Department. In developing this program, the committee shall consider the Capital Plan discussed in subsection (g), above, staffing levels in both Departments, and the availability of other resources.
(k) Unspent Funds. All unspent funds in the Park and Open Space Fund on June 30, 2000 shall continue to be held for the use and benefit of the Department. These monies shall be expended in a manner consistent with the general purposes for which they were originally appropriated.
In addition to the requirements set forth by this Section, all expenditures from the Fund shall be subject to the budget and fiscal provisions of the Charter.
(Amended March 2000)
SEC. 16.108. CHILDREN'S FUND. [Effective through June 30, 2001]
(a) There is hereby established a fund to expand children's services, which shall be called the Children's Fund and shall be maintained separate and apart from all other City and County funds and appropriated by annual or supplemental appropriation. Monies therein shall be expended or used solely to provided expanded services for children as provided in this section.
(b) There is hereby set aside for the Fund, from the revenues of the property tax levy, revenues in an amount equivalent to an annual tax of one and one-quarter cents ($.0125) per one hundred dollars ($100) of assessed valuation for the first fiscal year which begins 90 days or more after the election which approves this section, and revenues equivalent to an annual tax of two and one half cents ($.025) per one hundred dollars ($100) of assessed valuation for each of the following nine fiscal years. The Treasurer shall set aside and maintain such amount, together with any interest earned thereon, in the Fund, and any amounts unspent or uncommitted at the end of any fiscal year shall be carried forward to the next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes specified in this section.
(c) Monies in the Fund shall be used exclusively to provide services to children less than 18 years old, above and beyond services funded prior to adoption of this section. To this end, monies from the Fund shall not be appropriated or expended to fund services provided during fiscal year 1991-1992, whether or not the cost of such services increases, or appropriated or expended for services which substitute for or replace services provided during fiscal years 1990-1991 or 1991-1992, except and solely to the extent of services for which the City ceases to receive federal, state or private agency funds, which the funding agency required to be spent only on the services in question.
(d) Services for children eligible for Fund assistance shall include only child care; job readiness, training and placement programs; health and social services (including pre-natal services to pregnant adult women); education programs; recreation; delinquency prevention; and library services, in each case for children.
Services for children paid for by the Fund shall not include:
1. For example, and not for purposes of limitation, services provided by the Police Department or other law enforcement agencies; by courts, the District Attorney, Public Defender or City Attorney; by the Fire Department; detention or probation services mandated by state or federal law; or public transportation;
2. Any service which benefits children incidentally or as members of a larger population including adults;
3. Any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure;
4. Acquisition of any capital item not for primary and direct use by children;
5. Acquisition (other than by lease for a term of ten years or less) of any real property; or
6. Maintenance, utilities or any similar operating costs of any facility not used primarily and directly by children, or of any recreation or park facility (including a zoo), library, facility, or hospital.
(e) During each fiscal year, a minimum of 25 percent of such funds shall be used for child care, a minimum of 25 percent for job readiness, training and placement, and a minimum of 25 percent for health and social services for children (including pre-natal services for pregnant adult women). Beginning with the fifth fiscal year during which funds are set aside under this section, the Board of Supervisors may modify or eliminate these minimum requirements.
(f) No later than December of each calendar year, the Mayor shall prepare and present to the Board of Supervisors a Children's Services Plan. The Plan shall propose goals and objectives for the Fund for the fiscal year beginning the following July 1, propose expenditures of monies from the Fund for the fiscal year beginning the following July 1 and designate the City department which would administer the funded programs. In connection with preparation of the Plan, and prior to the date required for presentation to the Board of Supervisors, the Health Commission, Juvenile Probation Commission, Human Services Commission, Recreation and Parks Commission and Public Library Commission shall each hold at least one public hearing on the Plan. Joint hearings may be held to satisfy this requirement. Any or all of the commissions may also hold additional hearings before or after presentation of the Plan.
(g) The Fund shall be used exclusively to increase the aggregate City appropriations and expenditures for those services for children which are eligible to be paid from the Fund (exclusive of expenditures mandated by state or federal law). To this end, the City shall not reduce the amount of such City appropriations for eligible services (not including appropriations from the Fund and exclusive of expenditures mandated by state or federal law) in any of the ten years during which funds are required to be set aside under this section below the higher of the amount so appropriated for the fiscal year 1990-1991 or the amount so appropriated for the fiscal year 1991- 1992, in either case as adjusted. Not later than three months after the election which approves this section, the Controller shall calculate and publish the applicable base amount, specifying by department and program each amount included in the base amount. The base amount shall be adjusted for each year after the base year, based on calculations consistent from year to year, by the percentage increase or decrease in aggregate City appropriations from the base year, as estimated by the Controller. Errors in the Controller's estimate of appropriations for a fiscal year shall be corrected by an adjustment in the next year's estimate. For purposes of this subsection, aggregate City appropriations shall not include funds granted to the City by private agencies or appropriated by other public agencies and received by the City. Within 90 days following the end of each fiscal year through 2001-2002, the Controller shall calculate and publish the actual amount of City appropriations for services for children which are eligible to be paid from the Fund (exclusive of expenditures mandated by state or federal law).
SEC. 16.108. CHILDREN'S FUND. [Effective July 1, 2001]
(a) Fund for Children's Services. Operative July 1, 2001, there is hereby established a fund to expand children's services, which shall be called the Children's Fund ("Fund"). Monies in the Fund shall be expended or used only to provide services for children as provided in this section.
(b) Goals. The goals of expenditures from the Fund shall be:
(1) To ensure that San Francisco's children are healthy, ready to learn, succeed in school and live in stable, safe, and supported families and communities;
(2) To reach children in all neighborhoods;
(3) To the maximum extent reasonable, to distribute funds equitably among services for infants and preschoolers, elementary school age children and adolescents;
(4) To focus on the prevention of problems and on supporting and enhancing the strengths of children, youth and their families;
(5) To strengthen collaboration between the City and County of San Francisco and the San Francisco Unified School District;
(6) To fill gaps in services and to leverage other resources whenever feasible; and
(7) To foster projects initiated by San Francisco youth.
(c) Amount. There is hereby set aside for the Fund, from the revenues of the property tax levy, revenues in an amount equivalent to an annual tax of three cents ($.03) per one hundred dollars ($100) of assessed valuation for each fiscal year beginning with July 1, 2001-June 30, 2002, and ending with July 1, 2015-June 30, 2016. If the 2010 U. S. Census shows that children make up a percentage of the population of the City and County that is at least two percentage points more than their percentage as shown in the 2000 U. S. Census, then the amount of the property tax levy set aside under this section shall be increased for each fiscal year beginning after publication of the 2010 Census. The increase shall be in an amount equal to: one-quarter cent ($.0025) per one hundred dollars of assessed valuation, for each two full percentage points of increase in the percentage of the City and County population that is made up of children. The Fund shall be maintained separate and apart from all other City and County funds and appropriated by annual or supplemental appropriation.
(d) New Services. Monies in the Fund shall be used exclusively for the costs of services to children less than 18 years old provided as part of programs that predominantly serve children less than 18 years old, above and beyond services funded from sources other than the previous Children's Fund prior to July 1, 2001. To this end, monies from the Fund shall not be appropriated or expended for services that received any of the funds included in the higher of the Controller's baseline budget covering July 1, 2000-June 30, 2001 appropriations, or the Controller's baseline budget covering July 1, 1999-June 30, 2000 appropriations, whether or not the cost of such services increases. Nor shall monies from the Fund be appropriated or expended for services that substitute for or replace services included or partially included in the higher of the two baseline budgets, except and solely to the extent that the City ceases to receive federal, state or private agency funds that the funding agency required to be spent only on those services. The Controller's baseline budget shall mean the Controller's calculation of the actual amount of City appropriations for services for children that would have been eligible to be paid from the Fund but are paid from other sources.
(e) Eligible Services. Services for children eligible for Fund assistance shall include only:
(1) Affordable child care and early education;
(2) Recreation, cultural and after-school programs, including without limitation, arts programs;
(3) Health services, including prevention, education, mental health, and pre-natal services to pregnant women;
(4) Training, employment and job placement;
(5) Youth empowerment and leadership development;
(6) Youth violence prevention programs;
(7) Youth tutoring and educational enrichment programs; and
(8) Family and parent support services for families of children receiving other services from the Fund.
(f) Excluded Services. Notwithstanding subsection (e), services for children paid for by the Fund shall not include:
(1) Services provided by the Police Department or other law enforcement agencies, courts, the District Attorney, Public Defender, City Attorney; or the Fire Department; detention or probation services mandated by state or federal law; or public transportation;
(2) Any service that benefits children incidentally or as members of a larger population including adults;
(3) Any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure;
(4) Acquisition of any capital item not for primary and direct use by children;
(5) Acquisition (other than by lease for a term of ten years or less) of any real property; or
(6) Maintenance, utilities or any similar operating costs of any facility not used primarily and directly by children, or of any recreation or park facility (including a zoo), library, or hospital.
(g) Baseline. The Fund shall be used exclusively to increase the aggregate City appropriations and expenditures for those services for children that are eligible to be paid from the Fund (exclusive of expenditures mandated by state or federal law). To this end, the City shall not reduce the amount of such City appropriations for eligible services (not including appropriations from the Fund and exclusive of expenditures mandated by state or federal law) in any of the fifteen years during which funds are required to be set aside under this section below the amount so appropriated for the fiscal year 2000-2001 ("the base year") as set forth in the Controller's baseline budget, as adjusted ("the base amount"). The base amount shall be adjusted for each year after the base year by the Controller based on calculations consistent from year to year by the percentage increase or decrease in aggregate City and County discretionary revenues. In determining aggregate City and County discretionary revenue, the Controller shall only include revenues received by the City and County that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. The method used by the Controller to determine discretionary revenues shall be consistent with method used by the Controller to determine the Library and Children's Baseline Calculations dated June 20, 2000, which the Controller shall place on file with the Clerk of the Board in File No. 000952. Errors in the Controller's estimate of discretionary revenues for a fiscal year shall be corrected by an adjustment in the next year's estimate. Within 90 days following the end of each fiscal year through 2014-2015, the Controller shall calculate and publish the actual amount of City appropriations for services for children that would have been eligible to be paid from the Fund but are paid from other sources, separately identifying expenditures mandated by state or federal law.
(h) Three-Year Planning Cycle. To provide time for community participation and planning, and to ensure program stability, appropriations from the Fund for all fiscal years beginning after June 30, 2004 shall be made pursuant to a three-year planning cycle as set forth in subsections (h) through (l). During every third fiscal year beginning with the 2001-2002 fiscal year, the City shall prepare a Community Needs Assessment to determine services eligible to receive moneys from the Fund. During every third fiscal year beginning with the 2002-2003 fiscal year, the City shall prepare a Children's Services and Allocation Plan ("the Plan"), based on the Community Needs Assessment approved during the previous year. The Board of Supervisors may modify an existing Community Needs Assessment or Plan, provided that any modification shall occur only after a noticed public hearing. All appropriations from the Fund shall be consistent with the most recent Plan, provided that the Board of Supervisors may approve an amendment to the Plan at the same time it approves an appropriation.
(i) Community Needs Assessment and Children's Services and Allocation Plan.
(1) The Community Needs Assessment and the Plan shall be in writing, shall be made available to the public in draft form not later than January 31 of each fiscal year in which they are required, shall be presented by March 31 of each such fiscal year to the commissions listed in subsection (m)(3) for review and comment, and by April 30 of each such fiscal year shall be presented to the Board of Supervisors for approval.
(2) Prior to preparation of each draft Community Needs Assessment, the City shall hold at least one public hearing in each geographical area defined in Charter Section 13.110. The City shall also make available opportunities for parents, youth, and agencies receiving monies from the Fund to provide information for the Community Needs Assessment. The Community Needs Assessment shall include the results of a Citywide survey of parents and youth to be conducted by the Controller every three years.
(3) The Plan shall include all services for children furnished or funded by the City or funded by another governmental or private entity and administered by the City, whether or not they received or may receive monies from the Fund. The Plan shall be outcome-oriented and include goals, measurable and verifiable objectives and measurable and verifiable outcomes.
(4) The Plan shall state how all services receiving money from the Fund will be coordinated with other children's services. The Plan shall specify amounts of funding to be allocated: (i) toward achieving specified goals, measurable and verifiable objectives and measurable and verifiable outcomes, (ii) to specified service models; and (iii) for specific populations and neighborhoods. The Plan shall also state the reasons for the allocations and demonstrate how the allocations are consistent with the Community Needs Assessment. A minimum of three percent of the funding allocated under the Plan shall be for youth-initiated projects.
(j) Evaluation. The Plan shall include an evaluation of services that received money from the Fund at any time during the last three fiscal years. The evaluation shall involve those who use the funded services and other parents and youth.
(k) Failure of Board to Act. If the Board of Supervisors has not approved a Community Needs Assessment before the first day of the fiscal year during which the Plan is to be prepared, the Plan shall be based on the Community Needs Assessment as originally submitted to the Board of Supervisors.
(l) Selection of Contractors. Except for services provided by City employees, the Fund shall be expended through contractors selected based on their responses to one or more requests for proposals issued by the City. The City shall award contracts to coincide with the City's fiscal year starting July 1.
(m) Implementation.
(1) In implementation of this section, facilitating public participation and maximizing availability of information to the public shall be primary goals.
(2) So long as there exists within the executive branch of City government a Department of Children, Youth and Their Families, or an equivalent department or agency as its successor, that department shall administer the Children's Fund and prepare the Community Needs Assessment and the Plan pursuant to this section. If no such department or agency exists, the Mayor shall designate a department or other City body to administer the Children's Fund pursuant to this section.
(3) In addition to all other hearings otherwise required, the Recreation and Park, Juvenile Probation, Youth, Health and Human Services Commissions shall each hold at least one separate or joint hearing each fiscal year to discuss issues relating to this section. The Department of Children, Youth and Their Families, or other agency as described above in section (m)(2), shall consult with the Recreation and Park Department, Arts Commission, Juvenile Probation Department, Unified School District, Health Department, Department of Human Services, Commission on the Status of Women, Police Department, Library Department and Municipal Transportation Agency in preparation of portions of the Community Needs Assessment and the Plan that relate to their respective activities or areas of responsibility.
(4) The Board of Supervisors may by ordinance implement this section.
(n) Advisory Committee. There shall be a Children's Fund Citizens' Advisory Committee ("the Committee") that shall consist of 15 members, each appointed by the Mayor to a three-year term, to serve at the Mayor's pleasure. At least three members of the Committee shall be parents and at least three members shall be less than 18 years old at the time of appointment. For each of the following areas, there shall be at least one Committee member with professional expertise in that area: early childhood development, childcare, education, health, recreation and youth development. The Committee shall meet at least quarterly, and shall advise the department or agency that administers the Children's Fund and the Mayor concerning the Children's Fund. The Committee shall convene by July 1, 2001. Each member of the Committee shall receive copies of each proposed Community Needs Assessment and each Plan (including the evaluation required as part of the Plan). Members of the Committee shall serve without pay, but may be reimbursed for expenses actually incurred.
(o) Unspent Funds. All unspent funds in the Children's Fund created by former Charter Section 16.108 shall be transferred to the Children's Fund established herein.
(p) Effect of Procedural Errors. No appropriation, contract or other action shall be held invalid or set aside by reason of any error, including without limitation any irregularity, informality, neglect or omission, in carrying out procedures specified in subsections (h) through (n) unless a court finds that the party challenging the action suffered substantial injury from the error and that a different result would have been probable had the error not occurred.
(Amended November 2000)
SEC. 16.109. LIBRARY PRESERVATION FUND.
(a) Establishment of Fund. There is hereby established the Library Preservation Fund ("the Fund") to be administered by the Library Department as directed by the Library Commission. Monies therein shall be expended or used solely by the Library Department, subject to the budgetary and fiscal provisions of the Charter, to provide library services and to construct, maintain and operate library facilities.
(b) Annual Set-Aside. The City will continue to set aside from the annual property tax levy, for a period of fifteen years starting with the fiscal year 2008-2009 an amount equivalent to an annual tax of two and one-half cents ($0.025) for each one hundred dollars ($100) assessed valuation ("Annual Set-Aside").
The Controller shall set aside and maintain such an amount, together with any interest earned thereon, in the Fund, Revenues obtained from the Annual Set-Aside shall be in addition to, and not in place of, any General Fund monies appropriated to the Library pursuant to subsection (c).
(c) Baseline – Maintenance of Effort. The Annual Set-Aside shall be used exclusively to increase the aggregate City appropriations and expenditures for services, materials, facilities and equipment that will be operated by the Library for Library purposes. To this end, in any of the fifteen years during which funds are required to be set aside under this Section, the City shall not reduce the Baseline for the Library Department below the fiscal year 2006-2007 Required Baseline Amount (as calculated by the Controller), except that the Baseline shall be adjusted as provided below.
The Baseline shall be adjusted for each year after fiscal year 2006-2007 by the Controller based on calculations consistent from year to year, by the percentage increase or decrease in aggregate City and County discretionary revenues. In determining aggregate City and County discretionary revenues, the Controller shall only include revenues received by the City which are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Errors in the Controller's estimate of discretionary revenues for a fiscal year shall be corrected by adjustment in the next year's estimate. For purposes of this subsection, (i) aggregate City appropriations shall not include funds granted to the City by private agencies or appropriated by other public agencies and received by the City, and (ii) Library Department appropriations shall not include funds appropriated to the Library Department to pay for services of other City departments or agencies, except for departments or agencies for whose specific services the Library Department was appropriated funds in fiscal year 2006-2007. Within 180 days following the end of each fiscal year through fiscal year 2023-2024, the Controller shall calculate and publish the actual amount of City appropriations for the Library Department.
The Controller shall set aside and maintain such baseline amounts, together with any interest earned thereon, in the Fund.
At the end of each fiscal year, the Controller shall pro-rate any monies from the annual Baseline and the Annual Set-Aside that remain uncommitted in the Fund, and the Baseline portion of such amount shall be returned to the General Fund. The Annual Set-Aside portion of such amount shall be carried forward to the next fiscal year and shall be appropriated then or thereafter for the purposes specified in this Section.
Adjustments in the Controller's estimate of the Baseline, including any baseline changes required from increases or decreases to City revenues after budget adoption, along with adjustments to the Annual Set-Aside for a fiscal year shall be corrected by credits or adjustment to be carried forward and added to the annual City appropriation for next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes specified in this Section.
(d) Debt Authority. Notwithstanding the limitations set forth in Sections 9.107, 9.108, and 9.109 of this Charter, the Library Commission may request, and upon recommendation of the Mayor the Board of Supervisors may authorize, the issuance of revenue bonds or other evidences of indebtedness or the incurrence of lease financing or other obligations (the "Debt Obligations"), the proceeds of which are to be used for the acquisition, construction, reconstruction, rehabilitation and/or improvement of real property and/or facilities that will be operated by the Library for Library purposes and for the purchase of equipment relating to such real property and/or facilities. Such Debt Obligations shall be secured by and/or repaid from any available funds pledged or appropriated by the Board of Supervisors for such purpose, which amount may include funds in the Fund allocated under subsection (e)(3) below. Funds appropriated to pay debt service on the Debt Obligations in such fiscal year under the terms of this Section shall be set aside in an account for such use until such payment is made.
(e) Spending Priorities. The Annual Set-Aside and monies carried over from prior fiscal years in the Fund shall be expended in accordance with the following priorities:
1. Such allocations as are necessary for the Library Department to operate the Main Library, which includes a library for the blind, no fewer than 27 neighborhood branch libraries, and an auxiliary technical services facility, with 1211 permanent service hours per week system wide and the permanent service hours at each neighborhood branch library as set by the Library Commission as of November 6, 2007, which may be modified only as provided by subsection (f).
2. Such allocations as are necessary to provide for library services and collections in all formats in order to meet the current and changing needs of San Francisco communities, as the Library Commission in its sole discretion shall approve.
3. Notwithstanding the priorities set forth in this subsection, a portion of the Annual Set-Aside may be used each fiscal year to pay debt service relating to Debt Obligations issued or incurred by the City under subsection (d) above. To ensure that debt service payments do not reduce overall funding available for other Library priorities from current levels, debt service may be payable from the Annual Set-Aside in any fiscal year in an amount no greater than:
A. the annual debt service that would be payable under a financing with the term and principal amount reflected in a Library Commission request for bond issuance under subsection (d) above; and
B. the aggregate growth of the Annual Set-Aside amount and the Baseline amount over the base fiscal year 2006-07.
Amounts on deposit in the Annual Set-Aside in excess of such annual debt service shall be used according to the other priorities of this subsection.
4. To the extent there are unexpended funds remaining in the Fund after the requirements of paragraphs 1 through 3 have been satisfied, such funds may be used for any lawful purpose of the Library Department; provided that no such funds shall be used for debt service payments in any fiscal year in excess of the amount allowed under clause (3) above.
(f) Library Service Hours. Except as provided below in paragraphs 3 and 4, the Library Commission shall maintain at least 1211 permanent service hours per week system wide and the permanent hours at any neighborhood branch Library until July 1, 2013. As of that date, the Library Commission may modify permanent service hours per week system wide and at specific neighborhood branch libraries for succeeding five-year intervals, or at shorter intervals as the Commission may adopt, and in accordance with the following procedures:
1. No later than March 1, 2013, and for each service hour interval thereafter, the Library Commission shall establish a community input process, which may include an informal survey of library users and meetings with the Library Citizens Advisory Committee, Council of Neighborhood Libraries and neighborhood groups, through which citizens of the City and County of San Francisco may provide assistance to the Library Commission as it develops criteria to set system wide and branch service hours for the upcoming interval. Prior to setting service hours for the next interval, the Library Department shall conduct at least one hearing in each supervisorial district to receive and consider the public's comments about existing and potential Library service hours. The Library Commission shall ensure that at least six of these hearings, distributed geographically throughout the City, are held in the evenings or on weekends for the public's convenience.
2. Following the hearings in Paragraph 1, and based on the public input, a comprehensive assessment of needs, and the anticipated adequacy of library resources, the Library Commission may, as of July 1, 2013, modify the system wide and individual neighborhood branch service hours for the next five-year interval or such shorter interval as the Library Commission may adopt. The Library Commission shall repeat this public process and set service hours at least once every five years for the duration of the Fund.
3. The service hours requirement set in subsection (e)(1) and any modifications thereto made pursuant to this subsection shall be temporarily reduced by the normal operating hours for any neighborhood branch temporarily closed for construction, renovation or maintenance purposes. In such cases, the Library Department shall add temporary services elsewhere by adding temporary hours at nearby branches, providing bookmobile services, securing programming partners in the affected neighborhoods, or similar means.
4. If library services at any branch or system wide are interrupted due to fire, earthquake or other emergency, the Library Department shall be relieved of these service hour requirements, provided that the Library Department shall provide service hours consistent with such exigent circumstances.
(g) Unspent Funds. All unspent funds in the Fund on November 6, 2007 shall continue to be held for the use and benefit of the Library Department. These monies shall be expended to construct, maintain and operate library facilities as provided herein.
(Amended by Proposition D, Approved 11/6/2007)
SEC. 16.110. RESERVED.
Editor's note: Repealed by Proposition A, Approved November 6, 2007.
SEC. 16.111. FRANCHISES.
The Board of Supervisors shall have the power by ordinance to grant to any person, firm or corporation, any franchise, including any renewal, extension, transfer or amendment thereof, for the use of any public right-of- way or public place within the boundaries of the City for the purpose of providing services to customers. Franchises may be granted only by a competitive process. Each franchise shall contain a specific and definite termination date which shall not be more than 25 years after its first effective date.
SEC. 16.112. CITIZEN PARTICIPATION; PUBLIC NOTICES, HEARINGS AND ACCESS TO PUBLIC DOCUMENTS.
The publication of and full public access to public documents, except for those subject to confidentiality, shall be as required by law.
Notice shall be published in a timely manner before any public hearing, and shall include a general description of said hearing.
Notice shall be given, and public hearings held before:
(a) Any facility used by the public, including but not limited to libraries and health facilities, shall be closed, eliminated, or its level of services reduced, or prior to the leasing, selling or transfer of management of said facility;
(b) Any significant change in the operating schedule or route of a street railway, bus line, trolley bus line or cable car line is adopted;
(c) Any fee, schedule of rates, charges or fares which affects the public is instituted or changed; should any such action be approved, the result shall also be noticed; or
(d) Any amendment to the general plan, change in zoning or change in land use is adopted.
In addition, notice shall be given for the following:
(e) Any sale, lease, rental, encumbrance or exchange of real property held by the City and County;
(f) Special assessment districts and protests of special assessment districts;
(g) Requests for bids or proposals for the purchase or lease of materials, supplies, equipment, services, construction, work or improvements involving expenditure of $50,000 or more; notice shall also be given after any such award is made; the Board may by ordinance reduce the dollar threshold for such notice; and
(h) Polling places and precinct officers for any election.
SEC. 16.113. SEVERABILITY.
If any provision of this Charter, or its application to any person or circumstances is held invalid, the remainder of this Charter, and the application of such provision to other persons or circumstances, shall not be affected.
SEC. 16.114. POWERS OF INQUIRY AND REVIEW.
The Mayor, the City Administrator, the Controller, or any board or commission appointed by the Mayor, relative solely to the affairs under its control, may require such periodic or special reports of departmental costs, operations and expenditures, examine the books, papers, records and accounts of, and inquire into matters affecting the conduct of any department or office of the City and County, and for that purpose may hold hearings, subpoena witnesses, administer oaths and compel the production of books, papers, testimony and other evidence. The Board of Supervisors shall have the same powers of inquiry and review, including the power to issue subpoenas and compel the production of evidence, with respect to matters affecting the conduct of any department or office of the City and County.
SEC. 16.115. HEADING AND CAPTIONS.
The headings and captions in this Charter shall have no bearing on the meaning of the text, which shall be the exclusive source for interpretation and construction.
SEC. 16.116. APPENDIX A– EMPLOYMENT PROVISIONS.
The following sections of the Charter of 1932, as amended, shall remain in effect as a part of this Charter as "Appendix A– Employment Provisions," except that in instance of conflict or inconsistency between these sections of the Charter of 1932 and the body of this Charter, this Charter shall prevail, and subject to the following limitations and amendments:
1. All references to sections of "the Charter" or "this Charter" shall be construed to refer to the Charter of 1932, as defined above;
2. All definitions or descriptions included through such references shall remain in force, unless in conflict or inconsistent with definitions or descriptions in this Charter, or unless amended by the Board of Supervisors; and
3. Effective upon adoption of this Charter, references to "wife," "surviving spouse," "widow" or "widower" shall be construed to include "spouse," or "surviving spouse."
The following sections from the Charter of 1932, as amended, shall be included in Appendix A with full force and effect, and each shall be designated with a prefix "A":
7.204 Contractors' Working Conditions 8.329 Certification of Eligibles 8.341 Removal or Discharge of Permanent, Non-Probationary Employees 8.342– 8.344 Disciplinary Suspensions; Police and Fire Department Suspensions; Exoneration of Charges 8.345– 8.346 Disciplinary Action-Strikes 8.364 Catastrophic Sick Leave 8.400– 8.406 Salaries and Wages for Teachers, Muni, Police, Fire and Miscellaneous Employees 8.409– 8.409-6 Collective Bargaining 8.410– 8.411 Expenses 8.420– 8.429 Health Service System Benefits 8.430 [1st ¶] "Medical Care" Defined 8.431– 8.432 Health Service System Benefits 8.440– 8.441 Vacations 8.450– 8.452 Hours and Tours of Duty 8.500– 8.517 Retirement System 8.518– 8.588-15 Retirement System 8.590-1– 8.590-7 Collective Bargaining for Fire, Police and Airport Police The provisions of Appendix A may be amended only pursuant to the provisions of state law governing charter amendments.
SEC. 16.117. APPENDIX B– PORT AGREEMENTS.
The following sections from the Charter of 1932, as amended, shall be included in Appendix B with full force and effect, and each shall be designated with a prefix "B":
3.581– 3.585 Port Transfer Agreement 6.406 Harbor Revenues and Expenditures 7.305 Revenue Bonds of the Port Commission The provisions of Appendix B may be amended only pursuant to the provisions of state law governing charter amendments.
SEC. 16.118. APPENDIX C– ETHICS PROVISIONS.
The following sections of the Charter of 1932, as amended, shall be included in Appendix C with full force and effect, and each shall be designated with a prefix "C":
3.699-10– 3.699-16 Ethics Commission Procedures The provisions of Appendix C may be amended only pursuant to the provisions of state law governing charter amendments.
3.750– 3.750-8 Department of Building Inspection The provisions of Appendix D may be amended only pursuant to the provisions of state law governing charter amendments.
SEC. 16.120. CUSTOMER SERVICE PLAN.
Each department of the City and County shall adopt an annual Customer Service Plan, in a format to be determined by the Board of Supervisors by ordinance. The Board may excuse a department from particular requirements of the ordinance where compliance would be inappropriate or impractical. Each department shall file its Customer Service Plan with the Board of Supervisors no later than February 1st of each year, along with a report on how the department met the previous year's Plan, if any.
(Added November 1998)
SEC. 16.122. RIGHT TO VOTE ON ANY PROJECT THAT WOULD PLACE 100 ACRES OR MORE OF FILL IN SAN FRANCISCO BAY.
(a) The qualified electors of the City and County shall have the right to vote on any Project of the City and County that would place 100 acres or more of fill in San Francisco Bay.
(b) Notwithstanding any contrary provisions of the Charter, the approval of any Project that would place 100 acres or more of fill in San Francisco Bay shall be conditioned upon the affirmative vote of a majority vote of the electorate.
(c) Within three (3) business days of such conditional approval by any department, board, commission, or other unit of government of the City and County, including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to the provisions of the San Francisco Charter, of any Project that would place 100 acres or more of fill in San Francisco Bay, the approving entity shall provide written notice thereof to the Director of Elections who shall place the measure required by this Section on the ballot at the first general municipal or statewide election which occurs at least one hundred and twenty (120) days after said notice is received by the Director.
(d) Ballot measures generated and placed on the ballot pursuant to this Section are not exempt from the California Environmental Quality Act nor any other federal, state or local environmental laws and regulations to which the Project may be subject. Before any action is taken by the City and County to approve a Project that is required by this Section to be submitted to the electorate, the Project must comply with the California Environmental Quality Act. If compliance requires the preparation, consideration and certification of an Environmental Impact Report, that process shall be finalized prior to project approval and the information contained in the final certified Environmental Impact Report shall be made publicly available to the electorate for its consideration prior to the election.
(e) The general statement of the ballot measure to be voted on, pursuant to this Section, shall read as follows:
Shall the voters approve (insert name of project) that would fill in (insert number) acres of San Francisco Bay? Yes or No
The name of the Project to be inserted into the general statement shall be determined by the City Attorney pursuant to Section 510 of the San Francisco Elections Code, or any subsequent amended or renumbered version of Section 510.
(f) Definitions. Words and phrases used in this Section shall have the meanings specified in the San Francisco Charter, except that the following words and phrases as used in this Section shall have the following meanings:
"Project" or "Project of the City and County" shall mean any activity proposed, sponsored, initiated, or funded by any department, board, commission, or other unit of government of the City and County of San Francisco including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to provisions of the San Francisco Charter.
"Place fill" or "fill in" shall mean to introduce, or cause to be introduced, earth or any other substance or material, including pilings or structures placed on pilings, and structures floating at some or all times and moored for extended periods.
(g) If any part or provision of this Section, or the application thereof to any person or circumstance is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Section are severable.
(Added November 2001)
SEC. 16.123. CIVILIAN POSITIONS WITHIN THE POLICE DEPARTMENT.
(a) The Controller shall review sworn and civilian staffing needs in the San Francisco Police Department. As part of that review, the Controller shall review police staffing levels and patterns in comparable jurisdictions, and best practices regarding police staffing.
The Controller and the Chief of Police shall also audit all positions in the Police Department and identify those positions that must be filled by sworn officers and those that could be filled by civilian personnel or that, under best practices in other jurisdictions, typically are filled by civilian personnel.
In conducting these studies, the Controller and the Chief of Police shall consult with the Board of Supervisors' Budget Analyst, the Director of the Department of Human Resources, and a representative of the bargaining unit representing sworn members of the Police Department.
Upon the completion of these studies, the Controller and the Chief of Police shall forward to the Mayor and the Board of Supervisors a list of positions in the Police Department currently filled by sworn officers that could be filled by civilian personnel.
Upon submission of the list of positions to the Mayor and the Board of Supervisors, the provisions of subsection (a) shall expire and the City Attorney shall cause them to be deleted from future publications of the Charter, and shall cause the remaining provisions to be relettered accordingly.
(b) Positions may only be converted from sworn to civilian as they become vacant. No sworn officer shall be laid off in order to convert a position to civilian personnel.
If the Mayor and the Board of Supervisors convert positions from sworn officers to civilian personnel through the budget process, the minimum staffing level set in Section 4.127 shall be reduced by the same number of positions if the Controller and the Chief of Police jointly certify that the reduction will not decrease the number of police officers dedicated to neighborhood community policing, patrol and investigations and will not substantially interfere with the delivery of police services or the ability of the Police Department to protect the public in the event of an emergency.
Fiscal Year 2005-06 $ 10 million Fiscal Year 2006-07 $ 20 million Fiscal Year 2007-08 $ 30 million Fiscal Year 2008-09 $ 45 million Fiscal Year 2009-10 $ 60 million (d) Annual Contributions to the Fund-FY 2010-11 through FY 2014-15. For Fiscal Years 2010-11 through FY 2014-15, the City's annual contribution to the Public Education Enrichment Fund shall equal its total contribution for the prior year, beginning with Fiscal Year 2009-2010, adjusted for the estimated increase or decrease in discretionary General Fund revenues for the year.
(e) Audit Requirements. All disbursements from the Fund and from the baseline appropriations shall be subject to periodic audit by the Controller. The San Francisco Unified School District and the First Five Commission shall agree to such audits as a condition of receiving disbursements from the Fund.
(Added March 2004)
SEC. 16.123-3. ARTS, MUSIC, SPORTS, AND LIBRARY PROGRAMS.
Each year during the term of this measure, the City shall appropriate one-third of the money in the Public Education Enrichment Fund to the San Francisco Unified School District for arts, music, sports, and library programs in the schools.
(Added March 2004)
SEC. 16.123-4. UNIVERSAL ACCESS TO PRESCHOOL.
(a) Universal Access to Preschool. It shall be the policy of the City and County of San Francisco to provide all four-year-old children who are City residents the opportunity to attend preschool, and it shall be the goal of the people in adopting this measure to do so no later than September 1, 2009.
(b) Planning Process. No later than September 1, 2004, the First Five Commission, in consultation with the San Francisco Childcare Planning and Advisory Council, the San Francisco Unified School District, the San Francisco Department of Children, Youth and Their Families, and community stakeholders, shall submit to the Board of Supervisors a proposal for a universal preschool program for San Francisco. The Board of Supervisors shall approve the plan by resolution; if the Board does not approve the plan, it may refer the plan back to the First Five Commission for revision.
In preparing the plan, the First Five Commission shall develop universal preschool funding guidelines consistent with the Childcare Planning and Advisory Council's San Francisco Childcare Needs Assessment, including guidelines designed to meet neighborhood-specific needs, such as subsidies, new facility development, and provider support for both family childcare homes and childcare centers. Such funding guidelines also shall address the unmet need for universal preschool and childcare slots in specific City neighborhoods.
(c) Annual Disbursements. Each year during the term of this measure, the City shall appropriate one-third of the money in the Public Education Enrichment Fund to the First Five Commission for universal preschool programs administered by the Commission.
(Added March 2004)
SEC. 16.123-5. OTHER CITY SUPPORT FOR THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT.
(a) In-Kind Support. Not later than one year after the effective date of this measure, the City and the School District shall identify areas of potential in-kind support that the City could provide to the School District free of charge or at substantially reduced rates. In-kind support, for these purposes, may include, but is not limited to:
Learning support services, including health, counseling, social work, and nutrition services;
Financial support services;
Telecommunication and information services;
Construction management services;
Utility services;
Transportation services;
Legal services; and
Public safety services.
(b) Planning Process. No later than six months after the effective date of this measure, the School District shall submit to the Board of Supervisors proposals for in-kind services that could be provided by the City to the District to further the educational goals and operations of the District. The Board shall distribute those proposals to all City departments having expertise in providing or capability to provide such in-kind services, and no later than nine months after the effective date of this measure, the departments will respond to the Board with proposals to provide such in-kind services to the District. The School District may use any direct financial support provided under this Section to hire consultants to help identify possible in-kind services. The Board of Supervisors may, by ordinance, provide for continuation of this planning process during the subsequent term of the measure.
(c) Annual Disbursements. Each year during the term of this measure, the City shall provide direct financial assistance from the Public Education Enrichment Fund to the San Francisco Unified School District, in an amount equal to one-third of the money in the Fund, or in-kind support services of equal value.
(d) Permissible Uses. The San Francisco Unified School District may expend funds provided as direct financial support under this Section for any educational or support purpose provided under law, including, but not limited to, gifted and talented programs, magnet programs, literacy programs, dual-language immersion programs, special education, employee compensation, career and college centers at high schools, teacher mentoring or master teacher programs, or other instructional purposes. The City recognizes that in providing such programs and services, a well-run school district requires both certificated and classified staff, and urges the San Francisco Unified School District to hire both certificated and classified staff to carry out the purposes of this measure.
(e) Within one year of the effective date of this measure, the School District, with the assistance of the City's Department of Public Health, Department of Human Services, and Department of Children, Youth, and Their Families, shall conduct an assessment of health, counseling, social work, and nutritional needs of pupils in the District, including problems related to asthma and other chronic diseases. The City may appropriate a specific portion of the disbursement under this Section through its annual appropriation process for these purposes, pursuant to recommendations from the School District.
(Added March 2004)
SEC. 16.123-6. EXPENDITURE PLANS.
(a) No later than February 1 of each year during the term of this measure, the San Francisco Unified School District and the First Five Commission shall each submit an expenditure plan for funding to be received from the Public Education Enrichment Fund for the upcoming fiscal year. The proposed expenditure plans must include prior year total budgeted and expended appropriations and Fund budgeted and expended appropriations by category, as well as average daily attendance information for the prior year and anticipated average daily attendance information for the plan year, to facilitate multi-year comparison.
(b) The Controller shall review the plans and transmit them, with his or her comments, to the Mayor and the Board of Supervisors for their review and comment.
(c) The plans shall include a budget for the expenditures, performance goals, target populations, hiring and recruitment plans for personnel, plans for matching or other additional funding, operating reserves, and any other matters that the District and Commission deem appropriate or the Mayor or the Board requests.
(d) The Mayor and the Board of Supervisors may request further explanation of items included in the plans, and the District and the Commission shall respond in a timely manner to such inquiries. The Board may place appropriations provided for under this measure on reserve until it has received adequate responses to its inquiries.
(Added March 2004)
SEC. 16.123-7. STRUCTURAL SAVINGS TO THE CITY'S BUDGET.
(a) Controller's and Budget Analyst's Recommendations. Not later than October 1 of each fiscal year from Fiscal Year 2005-06 through 2009-10, the Controller and the Board of Supervisors' Budget Analyst shall prepare and submit recommended cuts or other structural changes to reduce, on an ongoing basis, spending on City departmental operations, or identify new revenues, in an amount sufficient to meet each year's required funding for the Public Education Enrichment Fund.
(b) Board of Supervisors' Proposals. Not later than December 15 of each fiscal year from Fiscal Year 2005-06 through Fiscal Year 2009-10, the Board of Supervisors shall hold hearings on the recommendations made by the Controller and the Budget Analyst and shall forward its proposals to the Mayor.
(c) Budget Requirements. In his/her annual budget submission to the Board of Supervisors for each fiscal year from Fiscal Year 2005-06 through Fiscal Year 2009-10, the Mayor shall incorporate the Board of Supervisors' proposals, or identify alternative revenue or expenditure savings sufficient to appropriate funds to the Public Education Enrichment Fund according to the schedule set forth in Section 16.123-2 of this measure.
(Added March 2004)
SEC. 16.123-8. ADJUSTMENTS.
(a) In any year of this measure, if the joint budget report as prepared by the Controller, the Mayor's Budget Director and the Board of Supervisors' Budget Analyst projects a budgetary shortfall of $100 million dollars or more, the Mayor and the Board of Supervisors may reduce the City's contribution to the Public Education Enrichment Fund under Section 16.123-2, and its disbursements under Sections 16.123-3, 16.123-4, or 16.123-5, by up to 25 percent; provided, however, that the City must pay back the amount deferred within the period from June 30, 2015, the last day of the term of this measure, and June 30, 2018, a date three years later, unless the voters extend this measure beyond July 1, 2015 or authorize a substantially similar measure at that time.
(b) Audit Recommendations. The Mayor and the Board of Supervisors may suspend the City's disbursements from the baseline appropriations or the Public Education Enrichment Fund under Sections 16.123-3, 16.123-4, or 16.123-5 in whole or in part for any year where the Controller certifies that the San Francisco Unified School District or the First Five Commission has failed to adopt audit recommendations made by the Controller.
As part of the audit function, the Controller shall review performance and cost benchmarks developed by the School District and the First Five Commission in consultation with the Controller for programs funded under this measure. The Commission's performance and cost benchmarks shall be based on the same performance and cost benchmarks as are required for other City departments, and on comparisons with other cities, counties, and public agencies performing similar functions. The School District's performance and cost benchmarks shall be based on similar standards.
In particular, the Controller shall assess:
(1) Measures of workload addressing the level of service being provided or providing an assessment of need for a service;
(2) Measures of efficiency including cost per unit of service provided, cost per unit of output, or the units of service provided per full time equivalent position; and
(3) Measures of effectiveness including the quality of service provided, citizen perceptions of quality, and the extent a service meets the needs for which it was created.
The Controller's audits may address the extent to which the School District and the First Five Commission have met their respective performance and cost benchmarks.
(c) Reserve Policies. The Mayor and the Board of Supervisors may suspend the City's disbursements from the baseline appropriations or the Public Education Enrichment Fund under Sections 16.123-2, 16.123-4, or 16.123-5 in whole or in part for any year where the Controller certifies that the San Francisco Unified School District or the First Five Commission has failed to adopt reserve policies recommended by the Controller.
(d) Transfer and Use of Suspended Distributions. If the Mayor and the Board of Supervisors suspend City distributions from the baseline appropriations or the Public Education Enrichment Fund under subsections (b) or (c), the City shall transfer the amount that would otherwise be distributed from the baseline appropriations or the Public Education Enrichment Fund for that year to the Children's Fund established in Charter Section 16.108, for the provision of substantially equivalent services and programs.
(e) New Local Revenues. The Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to the San Francisco Unified School District and the First Five Commission required by this measure if the voters of San Francisco adopt new, dedicated revenue sources for the School District or the Commission, and the offsetting reduction in disbursements is specifically authorized by the local revenue measure.
(f) New State Revenues. The Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to the San Francisco Unified School District required by this measure if the percentage increase in per-pupil Revenue Limit funding provided by the State of California to the San Francisco Unified School District in any fiscal year exceeds the percentage increase in the City's cost of living during the previous fiscal year.
The Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to the First Five Commission if the State of California provides funding to the City for universal preschool, provided that such disbursements are not required to match state and/or other funding.
(g) Eighteen months prior to the expiration of this measure, the Controller shall conduct a complete analysis of the outcomes of the programs funded through the Public Education Enrichment Fund. The Controller's study shall also address changes in the levels of state and federal funding for local schools, per-pupil spending in the San Francisco Unified School District compared to urban school districts of similar size. The Controller shall present the results of this analysis to the Mayor and the Board of Supervisors no later than nine months prior to the expiration of the measure.
(Added March 2004)
SEC. 16.123-9. STATE REDISTRIBUTION OF LOCAL EDUCATION REVENUES.
(a) The people of the City and County of San Francisco find and declare that major urban school districts, such as San Francisco, serve an ethnically and economically diverse student population that requires more resources than currently provided under state guidelines. In adopting this measure, the people of San Francisco choose to provide additional City resources to complement, and not supplant, state funding for the San Francisco Unified School District.
(b) Consistent with subsection (a), the people of the City and County of San Francisco specifically find that their contributions to and disbursements from the baseline appropriations and the Public Education Enrichment Fund are discretionary expenditures by the City for the direct benefit of the children of San Francisco, their families, and the community at large. In the event that the State attempts, directly or indirectly, to redistribute these expenditures to other jurisdictions or to offset or reduce State funding to the School District because of these expenditures, the City shall transfer said monies that would otherwise be distributed to the School District each year to the City's Children's Fund established in Charter Section 16.108, for the provision of substantially equivalent services and programs.
(Added March 2004)
SEC. 16.123-10. SUNSET.
The provisions of this measure shall expire in eleven years, at the end of Fiscal Year 2014-15, unless extended by the voters.