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CHAPTER 2A: EXECUTIVE BRANCH
Article Page I. MAYOR; CITY ADMINISTRATOR; CONTROLLER.... 177 II. DEPARTMENTS.... 197 III. CITY PLANNING.... 211 IV. DISTRICT ATTORNEY; POLICE.... 225 V. FIRE.... 247 VI. REAL PROPERTY; RECREATION AND PARK.... 263 VII. PUBLIC UTILITIES.... 273 VIII. ARTS AND CULTURE DEPARTMENTS.... 283 IX. AIRPORT.... 319 X. PARKING AND TRAFFIC.... 329 XI. PUBLIC WORKS.... 339 XII. EMERGENCY MANAGEMENT.... 349 XIII. PUBLIC GUARDIAN; COUNTY AGRICULTURAL COMMISSIONER-SEALER OF WEIGHTS AND MEASURES.... 359 XIV. CITY ATTORNEY.... 371 XV. DEPARTMENT OF CHILDREN, YOUTH, AND THEIR FAMILIES.... 381 XVI. SMALL BUSINESS COMMISSION.... 391 XVII. DEPARTMENT OF THE MEDICAL EXAMINER.... 401 XVIII. DEPARTMENT OF CONVENTION FACILITIES.... 411 XIX. ECONOMIC AND WORKFORCE DEVELOPMENT DEPARTMENT.... 421 ARTICLE I:
MAYOR; CITY ADMINISTRATOR; CONTROLLERSec. 2A.10. Emergency Succession to the Mayor.
Sec. 2A.19. Controller's Reports.
Sec. 2A.20. Controller's Audits.
Sec. 2A.22. Department of Administrative Services– Mayor's Office on Disability.
Sec. 2A.22.1. Mayor's Office on Disability Plan Review and Site Inspection Fees.
Sec. 2A.23. Office of Labor Standards Enforcement.
Sec. 2A.25. Office of the City Administrator.
SEC. 2A.10. EMERGENCY SUCCESSION TO THE MAYOR.
In case of a disaster which causes the Mayor to be absent or unavailable and the Supervisors for any reason whatsoever are unable to elect one of their number to act as Mayor or to fill any vacancy that might occur in the office of the Mayor, the following persons shall act as Mayor in the order of succession hereinafter designated: (1) President of the Board of Supervisors, (2) Chairman of the Finance Committee of the Board of Supervisors, and (3) the senior member of the Board of Supervisors, who is that member having the greatest number of years of service as a member of the Board, and in the event that one or more members have equal seniority then by alphabetical order of surname among such members. Said person so designated shall act as Mayor during such period of absence or unavailability of the Mayor until such time as the Supervisors can take appropriate action either to elect an acting Mayor or to fill the vacancy as the case may be.
(Added by Ord. 277-96, App. 7/3/96)
SEC. 2A.19. CONTROLLER'S REPORTS.
The Controller shall annually make a complete financial report which shall be audited and distributed as provided in Charter Section 2.115. The Controller shall also make a quarterly report not later than the 25th day of the month succeeding the last preceding quarter, showing a summary statement of revenues and expenditures for the preceding quarter and for that portion of the fiscal year ending on the last day of such preceding quarter. Such statement shall include all general and funding accounts and shall be detailed as to assets, liabilities, income, expenditures, appropriations and funds, in such manner as to show the financial condition of the City and County and of each department, office, bureau or division thereof, for that portion of the fiscal year to and including the preceding quarter, and with comparative figures for the similar period in the preceding fiscal year. The Controller shall at the same time prepare statements showing at the end of each quarter the cash position of the City and County (and the unencumbered balance in each fund). The Controller shall periodically make such reports as may be necessary to show the actual or projected financial conditions of the City and County and of each department, office, bureau or division thereof. Further provided that the Controller shall prepare such reports for at least the first six- and eight-month periods of each fiscal year. He shall also prepare monthly and transmit to all department heads concerned, reports showing the allowances, expenditures, encumbrances and unencumbered balances of each revenue and expenditure appropriation. A copy of each such report and special fiscal reports as requested, shall be transmitted to the Mayor and the Board of Supervisors, and kept on file in the Controller's office.
(Added by Ord. 277-96, App. 7/3/96)
SEC. 2A.20. CONTROLLER'S AUDITS.
The Controller shall audit the accounts of all boards, officers and employees of the City and County charged in any manner with the custody, collection, or disbursement of funds. The Controller shall audit all accounts of money coming into the hands of the Treasurer, the frequency of which shall be governed by State law.
The Controller shall have the authority to audit the operations of all boards, commissions, officers and departments to evaluate their effectiveness and efficiency. The Controller shall have access to, and authority to examine all documents, records, books and other property of any board, commission, officer or department.
When requested by the Mayor, the Board of Supervisors, or any board or commission for its own department, the Controller shall audit the accounts of any officer or department.
Project Size Fee $0 to $100,000 $150 $100,000 to $1,000,000 .15% (.0015) of the total valuation of the project $1,000,001 to $10,000,000 $1,600 + .05% (.0005) of the total valuation of the project $10,000,001 and up $10,000 + .015% (.00015) of the total valuation of the project For the purposes of this section, "total valuation of the project" shall mean the amount as determined under San Francisco Building Code Section 107.2. The Mayor's Office on Disability shall not be required to review the architectural drawings, site plans, and construction plans or conduct any site inspections until the project sponsor pays the fee established by this section.
(b) Waiver. The Director of the Office on Disability may waive the fees received under this section where the project sponsor demonstrates in a written application that payment of such fees would present an undue financial hardship on the project sponsor.
(Added by Ord. 190-05, File No. 051002, App. 7/29/2005) Executive Branch - Mayor; City Administrator; Controller
SEC. 2A.23. OFFICE OF LABOR STANDARDS ENFORCEMENT.
(a) There is hereby created within the Department of Administrative Services an Office of Labor Standards Enforcement. The Office of Labor Standards Enforcement shall enforce the City's Minimum Wage Ordinance (Chapter 12R of the Administrative Code), Minimum Compensation Ordinance (Chapter 12P of the Administrative Code), Health Care Accountability Ordinance (Chapter 12Q of the Administrative Code), Prevailing Wage Ordinances, and shall carry out any additional duties and functions as assigned by Charter or ordinance. The Office of Labor Standards Enforcement may enforce the provisions of the California Labor Code to the extent permitted by State law. The Office of Labor Standards Enforcement may impose penalties and take any and all appropriate action to enforce the requirements of such provisions, including but not limited to those set forth in San Francisco Administrative Code Chapter 12R, to the extent permitted by State law.
(b) The Office shall be administered by the Labor Standards Enforcement Officer, who shall be appointed by, and shall serve at the pleasure of, the Mayor. In appointing the Labor Standards Enforcement Officer, the Mayor shall consider, among other relevant factors, the individual's experience enforcing labor standards, including prevailing wage requirements, and the diversity of San Francisco in the construction industry. The Labor Standards Enforcement Officer shall coordinate his or her activities with federal and state labor standards agencies.
(c) All City departments shall cooperate with the Labor Standards Enforcement Officer and his or her designees. The Labor Standards Enforcement Officer shall have the authority to subpoena the production of books, papers, records or other items relevant to investigations under the jurisdiction of the Office of Labor Standards Enforcement.
(Added by Ord. 5-06, File No. 051652, App. 1/20/2006; Ord. 205-06, File No. 060247, App. 7/25/2006)
SEC. 2A.25. OFFICE OF THE CITY ADMINISTRATOR.
The Office of the City Administrator shall be a department of the City. The City Administrator shall be appointed and may be removed as provided in the Charter. The department shall include such officers and employees as are authorized pursuant to the budgetary and fiscal provisions of the Charter.
(Added by Ord. 204-04, File No. 040754, App. 8/5/2004)
ARTICLE II:
DEPARTMENTSSec. 2A.30. Department Heads.
Sec. 2A.31. Department Responsibility for Workers' Compensation Costs.
Sec. 2A.32. Persons Designated to Certify as to Oath of Allegiance.
Sec. 2A.40. Roster of Officers and Employees Serving on Any Board, Commission or Committee.
SEC. 2A.30. DEPARTMENT HEADS.
Each elective officer in charge of an administrative office, the chief executive under a board or commission, the Controller, the City Administrator and each department head appointed by the Mayor shall have the powers and duties of a department head, except as otherwise specifically provided in the Charter.
Each department head shall be immediately responsible for the administration of his or her department, and shall file an annual report and make such other reports, estimates and recommendations at the time and in the manner required by law, or as required by the Mayor, board or commission.
The department head shall act as the "appointing officer" under the civil service provisions of the Charter for the appointing, disciplining and removal of such officers, assistants and employees as may be authorized. On the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of such department may be designated as the "appointing officer" for such utility, institution, bureau or other subdivision. Non-civil service appointments and any temporary appointments in any department or subdivision thereof, and all removals therefrom shall be made by the department head, bureau head or other subdivision head designated as the appointing officer.
The department head shall issue or authorize all requisitions for the purchase of materials, supplies and equipment required by such department, provided that, on the written direction of the department head concerned, the head of any utility, institution, bureau or other subdivision of a department may likewise be vested with such power. Each department head or the head of a utility, institution, bureau or other subdivision of each department shall be responsible for the proper checking of all materials, supplies and equipment ordered for its purposes, and for the approval or disapproval of bills for claims rendered for such materials, supplies or equipment.
The head of any department, through the Mayor if part of the Executive Branch under the Charter, shall recommend to the Board of Supervisors such ordinances as may be required to carry out the powers vested and the duties imposed, and to establish or readjust fees or charges for permits issued to or work performed for persons, firms or corporations when these are subject to the department's jurisdiction.
Each department head, through the Mayor if part of the Executive Branch under the Charter, may suggest the creation of positions subject to the provisions of the Charter, and may reduce the forces under his or her jurisdiction to conform to the needs of the work for which he or she is responsible.
(Added by Ord. 277-96, App. 7/3/96; amended by Ord. 204-04, File No. 040754, App. 8/5/2004)
SEC. 2A.31. DEPARTMENT RESPONSIBILITY FOR WORKERS' COMPENSATION COSTS.
The Board of Supervisors of the City and County of San Francisco hereby declares that all departments shall share responsibility for workers' compensation costs and shall more effectively monitor and manage workers' compensation costs for employees of the City and County of San Francisco. To achieve this purpose, effective January 1, 2001, it shall be required that:
(a) Department heads shall identify and utilize limited or modified duty assignments whenever practical for workers with disabilities;
(b) Department heads shall identify the person or persons with authority and responsibility for monitoring and managing workers' compensation costs and shall assist communications between the workers' compensation claims division and the injured employee;
(c) Operating managers at all levels shall be responsible for monitoring and managing workers' compensation costs and shall receive training for this purpose;
(d) Performance evaluations of individual managers shall include review of their management of workers' compensation claims and costs;
(e) City-wide budgeting and accounting mechanisms shall be established to allocate to each department its equitable share of workers' compensation costs;
(f) Automated data on employee workers' compensation claims shall be produced and made available by the Human Resources Director, the Controller, and all departments, in form and frequency determined by the Workers' Compensation Council to be sufficient to permit effective analysis for department management of workers' compensation costs;
(g) Department heads shall submit a written report each quarter to the Workers' Compensation Council on the status of the department's workers' compensation claims. These reports shall include but not be limited to incidence rates of employee injuries, lost workday incident rates, year-to-year comparisons, utilization by the department of limited or modified duty assignments and disability transfers.
(Added by Ord. 357-91, App. 10/2/91; amended by Ord. 18-95, App. 1/25/95; Ord. 103-00, File No. 000534, App. 5/26/2000; Ord. 250-00, File No. 001489, App. 10/27/2000)
SEC. 2A.32. PERSONS DESIGNATED TO CERTIFY AS TO OATH OF ALLEGIANCE.
The chief executive officer of each department of the City and County is hereby designated as the officer in such department who shall ascertain and certify that all officers and employees within such department have taken the oath of affirmation or allegiance required by State law. The General Manager of the Civil Service Commission shall ascertain and certify that each officer so designated has taken such oath or affirmation of allegiance.
(Formerly Sec. 18.10; amended by Ord. 161-68, App. 6/26/68; renumbered by Ord. 327-00, File No. 001922, App. 12/28/2000)
SEC. 2A.40. ROSTER OF OFFICERS AND EMPLOYEES SERVING ON ANY BOARD, COMMISSION OR COMMITTEE.
The Mayor shall prepare and maintain on a current basis a roster of officers and employees of the City and County appointed, elected or designated to serve on any board, commission or committee pursuant to Federal or State law or ordinance, resolution, joint exercise of powers agreement or any other agreement entered into by or on behalf of the City and County. The appointing authority shall, with respect to any officer or employee heretofore or hereafter appointed, elected or designated to serve on any such board, commission or committee, forthwith transmit written notification to the Mayor of such appointment, election or designation.
(Added by Ord. 12-73, App. 1/5/73; amended by Ord. 70-00, File No. 000357, App. 4/28/2000)
ARTICLE III:
CITY PLANNINGSec. 2A.51. Planning; Advice on Physical Improvement and Development.
Sec. 2A.52. Capital Improvement Advisory Committee– General Plan Referrals.
Sec. 2A.53. General Plan Referrals.
SEC. 2A.51. PLANNING; ADVICE ON PHYSICAL IMPROVEMENT AND DEVELOPMENT.
The Planning Department shall advise the Board of Supervisors and other departments, commissions and agencies of the City and County in any matter affecting the physical improvement and development of the City and County. All public officials shall upon request furnish to the Planning Department such information as it may require for its work and the Planning Department shall furnish to all departments and officials of the City and County such information as said departments and officials may require concerning the General Plan.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.52. CAPITAL IMPROVEMENT ADVISORY COMMITTEE– GENERAL PLAN REFERRALS.
The Capital Improvement Advisory Committee cannot act upon the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals until a General Plan referral report has been rendered by the Planning Department regarding conformity of the project with the General Plan. In order to complete the General Plan referral report in a timely fashion, early involvement of the Planning Department in the planning process is advised. The Planning Department is available to prepare a policy analysis report. This report will provide policy guidance for the planning and decision-making of the proposal and its alternatives.
If the Planning Department fails to render a General Plan referral report within 45 days after receipt of such referral, unless a longer time has been granted by the Board of Supervisors, said capital improvement plan shall be deemed to be in conformity with the General Plan. Procedures for General Plan referrals as set forth in Section 2A.53 of this Code shall be applicable.
Further, to facilitate rational prioritization of capital improvement projects over a six-year time period and within the resource and debt capacity, the Planning Department shall assist in developing a strategic plan for capital expenditures for use of the Capital Improvement Advisory Committee and the Board of Supervisors.
(Added by Ord. 68-98, App. 2/26/98)
SEC. 2A.53. GENERAL PLAN REFERRALS.
(a) General. The Charter requires that the Planning Department prepare written reports regarding the conformity with the General Plan for the use of the Board of Supervisors prior to its action on the acquisition, vacation, sale, change in use or title of public property, subdivision of land, construction or improvement of public buildings or structures, plans for public housing or public-assisted private housing, or redevelopment project plans, within the City and County.
(b) Purpose. The General Plan is a compendium of policies on all aspects of the City and County's physical development, formulated with extensive public participation, adopted by the Planning Commission, and approved by the Board of Supervisors. In order to implement the public policy contained in the General Plan, the following procedures will be used in determining consistency with the General Plan and reporting the findings to the Board of Supervisors in a timely manner prior to action on the proposal. Early involvement of the Planning Department in the planning of a project or plan is advisable to avoid delays. The Planning Department is available to provide policy analysis reports on issues concerning the physical development of the city as a proactive information tool for decision-making and analysis of applicable public policy as contained in the General Plan.
(c) Applicability. The following actions by the Board of Supervisors require a written report from the Planning Department on the consistency of the proposed action with the General Plan:
(1) Proposed ordinances and resolutions concerning the acquisition, extension, widening, narrowing, removal, relocation, vacation, abandonment, sale or change in the use of any public way, transportation route, ground, open space, building, or structure owned by the City and County;
(2) Subdivisions of land within the City and County;
(3) Projects for the construction or improvement of public buildings or structures within the City and County, the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals;
(4) Project plans for public housing, or publicly assisted private housing in the City and County;
(5) Redevelopment project plans within the City and County;
(6) Programs and schedules which link the General Plan to the allocation of local, State and federal resources; and
(7) Any substantial change to any of the above actions.
(d) Application. Property owners, public agencies and their respective agents shall initiate General Plan referrals by filing a completed application containing all required information with the Planning Department and paying an initial fee set forth in the Planning Code. The remainder of the fee, based on time and materials, shall be paid prior to the transmittal of the General Plan referral report to the applicant or Board of Supervisors. The Planning Department shall determine whether the application is complete and shall notify the applicant and, in the case of an incomplete application, request the necessary information.
(e) Determination. For most General Plan referral applications, a written General Plan referral report stating that a proposed action is consistent with the General Plan, shall be transmitted to the applicant for submittal with the proposal to the Board of Supervisors in 45 days after accepting a complete application. If the response requires more than 45 days because of environmental review procedures, the complexity of the proposed action, public controversy generated by the proposal, or a public hearing before the Planning Commission, the Department shall notify the applicant and Board of Supervisors.
Proposals which are inconsistent with the General Plan, complex or have generated public controversy, shall require a public hearing and determination by the Planning Commission. The Planning Commission resolution finding a proposal in conformity with the General Plan shall be submitted to the Board of Supervisors and the applicant within five business days after receipt of payment.
(f) Board of Supervisor Action. Resolutions or motions for actions listed under Subsection (c) of this Section shall include a finding of consistency with the General Plan. The Planning Commission or Department's disapproval of a proposed action may be overruled by a vote of not less than two-thirds of the members of the Board of Supervisors.
(Added by Ord. 68-98, App. 2/26/98; amended by Ord. 186-02, File No. 021418, App. 9/6/2002; amended by Ord. 218-02, File No. 021609, App. 11/1/2002; Amended by Ord. 168-07, File No. 061537, App. 7/20/2007)
Editor's note: Amendments to this section made by Ordinance 186-02 were scheduled to terminate automatically on the 61st day following its passage, pursuant to Ordinance 186-02 § 4, unless its provisions were reenacted upon the same terms and conditions applicable to its initial enactment. Ordinance 218-02 so reenacts and extends those provisions and schedules their automatic termination on the 61st day following passage of Ordinance 218-02.
ARTICLE IV:
DISTRICT ATTORNEY; POLICESec. 2A.70. District Attorney.
Sec. 2A.75. Police; Ranks in the Department.
Sec. 2A.76. Police; Creation of New Ranks.
Sec. 2A.77. Police; Other Executives.
Sec. 2A.78. Police; Inspectors.
Sec. 2A.79. Police; Special Police Officers.
Sec. 2A.80. Police; Special Powers of the Chief of Police.
Sec. 2A.81. Police; Traffic Regulation.
Sec. 2A.82. Special Police Funds.
Sec. 2A.85. Justice Tracking System (JUSTIS) Committee Governance Council.
Sec. 2A.86. Boundaries of Police Department District Stations.
Sec. 2A.87. Press Room Telephones.
Sec. 2A.88. Police Staffing and Deployment to District Stations.
SEC. 2A.70. DISTRICT ATTORNEY.
Any amount required by the District Attorney from time to time from the District Attorney's special fund shall be requisitioned by the District Attorney, stating the general purpose for which required, whereupon the Controller shall draw his warrant therefor and the claim be paid as provided for payment of other warrants by the Treasurer. All such sums may be used by the District Attorney solely as provided by general law and the District Attorney shall file vouchers with the Controller at the end of each fiscal year showing what disposition the District Attorney has made of any moneys received from such fund and the particular purpose for which it was disbursed, provided that, if a criminal proceeding be pending or under investigation, vouchers for moneys disbursed in such proceeding or investigation need not be filed until the trial of the criminal proceeding be ended or the investigation concluded. No portion of the fund shall be used for compensation or remuneration of full-time assistants or employees.
There shall be a Victim-Witness Assistance Program. The District Attorney shall work with other City Departments and public and private entities to provide assistance to victims and witnesses of crimes pursuant to Part 4, Title 6, Chapter 4, Article 2 of the California Penal Code. The program shall comply with the standards and the evaluation and reporting procedures set forth in Article 2 of the California Penal Code. The District Attorney Victim-Witness Assistance Program is the major provider of victim/witness assistance in the City and County of San Francisco. The program may request, solicit, receive and disburse funds from governmental and non-governmental sources under the provisions of Article XV, Sections 10.170 and 10.170-1 of the San Francisco Administrative Code.
There shall be a Warrant and Bond Office. The District Attorney shall appoint an assistant to have charge of the Warrant and Bond Office to be designated Warrant and Bond Deputy, and such additional assistants and clerks as may be provided by the budget and appropriation ordinances. No person shall be appointed Warrant and Bond Deputy who is not at the time of his or her appointment qualified to practice law in all the courts of this State. The Warrant and Bond Deputy shall keep his or her office open continuously night and day for the transaction of business; the Warrant and Bond Deputy shall draw and approve with his or her signature all complaints and warrants in criminal actions to be prosecuted in the Municipal Courts and any inferior court established by law in this City and County and possessing criminal jurisdiction; the Warrant and Bond Deputy shall have custody of all bail bonds and appeal bonds taken in such courts.
The Warrant and Bond Deputy may issue bail bonds and appeal bonds and order the discharge from custody of the persons for whom such bonds are approved by a magistrate. The Warrant and Bond Deputy may fix cash bail in misdemeanor cases where arrests are made without warrants and may take cash bail in all cases arising in the Municipal Court and any inferior court established by law in this City and County and possessing criminal jurisdiction, and may order the discharge from custody of the persons for whom cash bail is deposited with the Warrant and Bond Deputy.
In the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Deputy shall be subject to the judges of the Municipal Court and the judges of any court in the City and County empowered by law to act as magistrates.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 107-00, File No. 000538, App. 5/26/2000)
SEC. 2A.75. POLICE; RANKS IN THE DEPARTMENT.
The several ranks or positions in the Department shall be as follows: Chief of Police, captains, criminologists, lieutenants, inspectors, sergeants, assistant inspectors, police surgeon, police officers, police patrol drivers and women protective officers, and such other ranks or positions as the Police Commission may from time to time create as provided for in Section 2A.76 of this Code.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.76. POLICE; CREATION OF NEW RANKS.
The Police Commission shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Police Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof.
The Police Commission may in their discretion designate the rank or ranks from which appointments to such exempt ranks or positions shall be made. Appointments to any non-civil service rank or position above the rank of captain as may be created hereunder shall be designated only from the civil service rank of lieutenant or higher. However, a lieutenant appointed to any non-civil service rank above captain must have passed the six-month probationary period and served an additional six months as a permanent employee in that rank. If any new or additional rank or position is created pursuant hereto pending the adoption of salary standards for such rank or position, the Police Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors who shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.
The Police Commission shall also have power to establish and from time to time change the order or rank of the non-civil service ranks in the Police Department.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 44-99, App. 3/26/99)
SEC. 2A.77. POLICE; OTHER EXECUTIVES.
Subject to the provisions of the Charter governing the appointment and removal of non-civil service appointees, and without competitive examination, the Chief of Police shall have power to appoint a police surgeon; to appoint from among the members of the Department holding the civil service rank of lieutenant or higher, a member to any non-civil service rank above the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 of this Code; and to appoint a member to any non-civil service rank below the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 from among the members of the Department holding the rank or ranks designated by said commission pursuant to the provisions of Section 2A.76 of this Code. However, to be eligible for appointment to any non-civil service rank above captain, a lieutenant must have passed the six-month probationary period and served an additional six months as a permanent employee in that rank.
When any member of the Department, detailed to any of the positions above mentioned, shall be removed from said detail or position, he or she shall be returned to his or her civil service rank and position, unless removed from the Department pursuant to the provisions of Section A8.343 of the Charter.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 45-99, App. 3/26/99)
SEC. 2A.78. POLICE; INSPECTORS.
Assignment to the ranks of assistant inspector and inspector in the Police Department shall be made by the Chief of Police from among those members of said Department holding the ranks of sergeant or police officer who have qualified in the following manner; any of the aforesaid members of the Police Department who has served in the Department not less than three years shall be eligible to participate in a competitive examination for the rank of assistant inspector which shall be administered by the Civil Service Commission. The Chief of Police shall appoint assistant inspectors to fill vacancies in the rank of assistant inspector from the certified list of qualified candidates as provided for under the Civil Service Rules pertaining to uniformed personnel of the Police Department. If any member of the Department appointed as an assistant inspector is a sergeant at the time of the appointment or is appointed a sergeant thereafter, that member shall receive the rate of compensation attached to the rank of sergeant.
Assistant inspectors shall serve a six-month probationary period. Appointment as inspector shall not be subject to competitive examination. In case of vacancy in said rank of inspector the appointment shall be made by the Chief of Police from among those holding the rank of assistant inspector who have actually served as assistant inspector for at least two years prior to such appointment; provided, however, that in the event there are no assistant inspectors who have actually served as such for at least two years prior to such appointment, the appointment may be made by the Chief of Police from among those holding the rank of assistant inspector who have completed their six months' probationary period prior to such appointment. The Chief of Police may, from time to time, detail members of the Department for performance of duty, without change in rank, in the various units and bureaus of the Department.
Inspectors and assistant inspectors shall have the same rights as other members of the Department to take competitive examinations from their respective civil service ranks; provided, however, that any member of the Department holding the rank of inspector, assistant inspector or police officer may take the competitive examination for the rank of sergeant. An inspector or assistant inspector guilty of any offense or violation of the rules and procedures of the Police Department shall be subject to punishment as provided in Charter Section A8.343; provided, however, that in addition to the punishments set forth in Section A8.343, an inspector may be demoted to his or her civil service rank for any offense or violation set forth in said section and after trial and hearing before the Police Commission as set forth therein.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 202-01, File No. 010762, App. 9/28/2001)
SEC. 2A.79. POLICE; SPECIAL POLICE OFFICERS.
Special Police Officers shall be subject to all the rules and regulations of the Department.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.80. POLICE; SPECIAL POWERS OF THE CHIEF OF POLICE.
The Chief of Police shall have the power, by regulation, to provide for the care and restitution of property that may come into possession of any officer or employee thereof, and the sale at public auction of all such unclaimed property, as well as the disposition of such property as shall consist of weapons or articles used or that may be used in the commission of crime, or the sale or disposition of which is prohibited by law.
The Chief of Police may refuse to issue any permit that is subject to Police Department investigation and issuance, if it shall appear that the character of the business or the applicant requesting such permit does not warrant the issuance thereof, or the Chief of Police may revoke any such permit as soon as it shall appear that the business or calling of the person to whom it was granted is conducted in a disorderly or improper manner, or that the place in which the business is conducted or maintained is not a proper or suitable place in which to conduct or maintain such business or calling.
The Chief of Police in the performance of police duties shall have power to examine at any time the books and the premises of pawnbrokers, peddlers, junk and secondhand dealers, auctioneers and other businesses designated by the Board of Supervisors, and for these purposes shall have the power of inquiry, investigation and subpoena, as provided by the Charter.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.81. POLICE; TRAFFIC REGULATION.
The traffic function of the Police Department shall be under the jurisdiction of the Chief of Police, who shall have powers and duties relating to street traffic, subject to laws relating thereto as follows:
(a) To regulate all street traffic by means of police officers and the emergency use of temporary signs or devices;
(b) To promote traffic safety education and to receive and give prompt attention to complaints in relation to street traffic and to refer all complaints relating to or arising from street design or from traffic devices, or the absence thereof, to the Department of Public Works;
(c) To collect and compile traffic accident data, copies whereof shall be furnished to the Department of Parking and Traffic;
(d) To cooperate and advise for the best performance of these functions, with the Department of Public Works, the Public Transportation Commission, the Fire Department, the Department of City Planning, the Board of Supervisors, the Department of Parking and Traffic and other departments and agencies of the City and County and State as may be necessary; and
(e) To review all proposed plans relating to street traffic-control devices which are received from the Department of Parking and Traffic and to make such recommendations to that Department as may be deemed necessary for the proper regulation of street traffic within 15 days after receipt of said plans from the Department of Parking and Traffic.
The powers and duties of the Chief of Police with respect to traffic functions hereinabove stated shall not modify to any extent the powers and duties of any department or office, but shall be, first for the purpose of assisting the Chief of Police in his or her regulation of traffic, and, second, for the purpose of recommendation only, to other departments or offices upon matters within their jurisdiction, but affecting to any extent the regulation of traffic.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.82. SPECIAL POLICE FUNDS.
The Board of Supervisors shall have the power to appropriate to the Police Department an amount not to exceed in any one fiscal year the sum of $50,000 to be known as the contingent fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the investigation and detection of crime, and the Police Commission shall allow and order paid out of such contingent fund, upon orders signed by the Chief of Police, such amounts as may be required.
The Board of Supervisors shall have the power to appropriate to the Police Department an amount not less than $50,000 in any one fiscal year to be known as the narcotic fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the enforcement of the narcotic laws, and the Police Commission shall allow and order paid out of such narcotic fund, upon orders signed by the Chief of Police, such amounts as may be required.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.85. JUSTICE TRACKING SYSTEM (JUSTIS) COMMITTEE GOVERNANCE COUNCIL.
(a) Creation of Council. The Board of Supervisors hereby creates a Governance Council comprised of representatives of all participating criminal justice agencies in the City and County of San Francisco, or agencies that operate programs integrally related to the criminal justice system, to establish policy related to implementation and ongoing operation of JUSTIS (Justice Tracking Information System). JUSTIS is an integrated criminal justice information system serving participating criminal justice agencies in San Francisco.
(b) Functions of the JUSTIS Governance Council. The responsibility of the JUSTIS Governance Council include the following:
1. Setting priorities and approving direction for project development and enhancements;
2. Reviewing, approving, and submitting annual and supplemental appropriations requests.
3. Approving vendor contracts.
(c) Membership. The membership of the JUSTIS Governance Council shall be composed of the heads of the following agencies:
(1) San Francisco Superior Court
(2) District Attorney
(3) Public Defender
(4) Sheriff
(5) Adult Probation Department
(6) Police Department
(7) Emergency Communications Department
(8) Juvenile Probation Department
(9) Mayor's Criminal Justice Council
(10) Department on the Status of Women
(11) Department of Telecommunications and Information Services (non-voting)
(d) Chair and Co-Chair of Council. The Director of the Mayor's Criminal Justice Council shall serve as the permanent Chair. The Co-Chair, selected from among voting members, shall serve on an annual rotating basis.
(e) Meeting Frequency. The JUSTIS Governance Council shall meet at least twice annually. The Chair may call a special or emergency meeting as needed.
(f) Voting. Each voting agency shall have one equal vote. Only department heads or their authorized designees may vote. A designee must be authorized by the Department Head to vote on all action items at the meeting.
(g) Staffing. Each participating Department shall assign staff as needed to support the implementation of JUSTIS.
(Added by Ord. 309-00, File No. 001625, App. 12/28/2000; amended by Ord. 272-04, File No. 041242, App. 11/9/2004)
SEC. 2A.86. BOUNDARIES OF POLICE DEPARTMENT DISTRICT STATIONS.
(a) Ten-Year Review. The boundaries of Police Department district stations should operate to maximize the effectiveness of police operations and the efficient use of police resources. No less than once every ten years, the Police Commission, in consultation with the Chief of Police, shall complete a comprehensive review of district station boundaries and make adjustments as appropriate.
(b) Data and Factors for Consideration. The Police Commission, in consultation with the Chief of Police, shall base the review of station boundaries on the following:
(1) Population data, including but not limited to the results of the decennial federal census;
(2) Data regarding non-residents – including visitors, shoppers, workers and tourists – who spend time in San Francisco;
(3) Proposed development or other activities that are likely to significantly alter the population of residents or non-residents in the following ten year period;
(4) Landscape features, whether natural or constructed, such as hills, waterways, major streets or transit lines, shopping districts, residential developments and parks;
(5) Boundaries of neighborhoods and cohesive communities;
(6) Areas with higher-than-average concentrations of children, youth and the elderly;
(7) Number, type and frequency of policing activities, including calls for service and arrests;
(8) Anticipated needs for police resources, including but not limited to adequate staffing for (i) foot beats and community policing efforts, (ii) areas experiencing or at-risk for higher-than-average crime, and (iii) areas with a special need for policing services due to lower-than-average arrest and conviction rates;
(9) Capacity of police resources, including but not limited to district station facilities, information technology, communications systems and police personnel;
(10) Neighborhood and community input; and
(11) Other relevant factors as determined by the Police Commission and the Chief.
(c) Review and Adoption of New Boundaries. No later than the first January 1st following official publication of the results of the federal decennial census, the Chief of Police shall develop and submit to the Police Commission a work plan for a comprehensive review of district station boundaries. The work plan shall include timelines, a budget, and identification of functions that can best be performed by technical experts in other City departments or from outside the City.
Consistent with implementation of the work plan, including appropriate budgetary support for the project, the Chief of Police shall review the station boundaries, including all data described above. The following shall provide technical assistance to the Chief of Police, as requested; the Controller, the Director of the Mayor's Office of Criminal Justice, the Director of Planning, and any other officers or employees engaged in planning, forecasting, building or population analysis. As part of the review, the Chief, with the assistance of the Mayor's Office of Criminal Justice and any expert identified or retained to manage the project, shall conduct public hearings and gather input from all affected communities.
Based on consideration of all relevant information, the Chief shall submit to the Police Commission a report analyzing the existing boundaries and making a recommendation for boundary changes, if any are warranted. The Chief shall submit the report and recommendation no later than the second January 1st following official publication of the results of the federal decennial census.
The Police Commission shall consider the Chief's report and recommendations, and any other information it deems relevant, and shall propose changes to district station boundaries where appropriate. The Commission shall forward any proposed to adjust station boundaries to the Mayor and the Board of Supervisors. The Commission also shall post the proposal at the Commission offices, outside the Commission's regular meeting location, and on the City's website, and shall send a copy to the Public Library. The Commission shall allow a minimum of 90 days from the date of posting for public comment, before taking final action to adopt new station boundaries. During the 90-day period, the Commission may hold hearings, take testimony, consider written comments, and revise the initial proposal. After a minimum of 90 days from the posting of the initial proposal, the Commission may adopt new station boundaries.
The Commission, in consultation with the Chief, may set an effective date for implementation of the new boundaries, which shall occur no later than eighteen (18) months from the posting of the initial proposal.
(d) Transition Provision. The Chief shall conduct the first boundary review described in this Section and submit recommendations to the Police Commission no later than January 1, 2008. Thereafter, the Chief shall conduct the review and submit recommendations according to the timelines described above. After January 1, 2008, the Clerk shall delete this Section 2A.90(d) from the Code.
(Added by Ord. 243-6, File No. 060795, App. 10/4/2006)
SEC. 2A.87. PRESS ROOM TELEPHONES.
It shall be the policy of the City and County of San Francisco that the Police Department neither inspect nor make use of records of City telephones provided for the use of members of the news media in the Press Room at the Hall of Justice, except as authorized by search warrant or subpoena issued pursuant to local, state or federal law. Therefore, the City may not expend monies appropriated to the Police Department to fund the cost of providing these telephones. To the extent that the City incurs such costs, payment shall be drawn from the budget of the Department of Administrative Services.
(Added by Ord. 33-07, File No. 061641, App. 2/22/2007)
SEC. 2A.88. POLICE STAFFING AND DEPLOYMENT TO DISTRICT STATIONS.
(a) Airport Bureau Staffing Review. The Chief of Police and the Director of the San Francisco International Airport shall jointly establish a methodology for assessing staffing needs for the Police Department Airport Bureau. In establishing that methodology, the Chief and Director shall consult with the Controller's Office. The methodology shall take into account passenger traffic at the Airport; security mandates and restrictions, including any imposed by the Transportation Security Administration and other government agencies; policing activity at the Airport, including calls for service and traffic responsibilities; and any other factors that the Chief and the Director determine are relevant. Using that methodology, the Chief and Director shall jointly determine the baseline number and type of personnel required to meet the security and policing needs of the Airport ("Baseline Personnel"). The Chief and Director shall establish the staffing-needs methodology and make the initial Baseline Personnel determination by no later than July 1, 2007. The Chief and Director shall review and where appropriate revise the staffing-needs methodology and the Baseline Personnel determination by July 1 each year thereafter.
(b) Redeployment of Airport Bureau Personnel. The Chief of Police shall create a plan to redeploy any full duty sworn Airport Bureau personnel above the sworn Baseline Personnel when the number of full duty sworn officers on the force in the City and County falls below the Charter-mandated level of 1,971 officers ("Staff Redeployment Plan"). The Chief shall design the Staff Redeployment Plan to provide maximum flexibility throughout the year to redeploy full duty sworn Airport Bureau personnel to the City and County to respond to staffing shortages, increases in crime or violence, or other circumstances that create a need for additional sworn personnel in the City and County. The Staff Redeployment Plan shall provide that any redeployed Airport Bureau personnel at the rank of officer or sergeant be assigned to District Stations, and that any redeployed Airport Bureau personnel at the rank of lieutenant or above be assigned based on the needs of the Department. The Chief shall create the Staff Redevelopment Plan by no later than July 1, 2007. The Chief shall review and where appropriate revise the Staff Redevelopment Plan by July 1 each year thereafter.
(c) Reporting. Beginning July 1, 2007, and continuing each July 1 thereafter, the Chief of Police shall report to the Mayor, the Board of Supervisors and the Police Commission on the following: (1) the staffing-needs methodology and Baseline Personnel determination for the Airport Bureau; and (2) the Staff Redevelopment Plan. Beginning July 1, 2008 and continuing each July 1 thereafter, the Chief of Police shall report to the Mayor, the Board of Supervisors and the Police Commission, data regarding any occasions during the prior fiscal year when the Chief redeployed sworn personnel under the Staff Redeployment Plan.
(Added by Ord. 97-07, File No. 070271, App. 5/4/2007)
ARTICLE V:
FIRESec. 2A.90. Fire Department.
Sec. 2A.91. Fire Department Physician.
Sec. 2A.92. Fire; Ranks in the Department.
Sec. 2A.93. Fire; Deputy Chief; Other Executives.
Sec. 2A.94. Fire Marshal.
Sec. 2A.95. Fire Prevention.
Sec. 2A.96. Curtailment of Fireboat Operation.
Sec. 2A.97. Fire Protection and Emergency Medical Services.
SEC. 2A.90. FIRE DEPARTMENT.
The Chief of Department shall have power to send fire boats, apparatus and firefighters outside the City and County of San Francisco for fire-fighting purposes.
The Commissioners shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Fire Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof. The Fire Commission shall designate the civil service rank from which a non-civil service rank or position shall be appointed. Appointments to any non-civil service rank or position as may be created hereunder shall hold civil service status in the Department in the civil service rank from which they were appointed. In no rank below that of Assistant Chief shall the compensation attached to a non-civil service rank or position equal to exceed the next higher civil service rank or position from which they were appointed and for this purpose the next higher civil service rank above H-2 fireman shall be H-20 lieutenant. If any new or additional rank or position is created pursuant hereto pending the adoption of salary standards for such rank or position, the Fire Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors and said Board of Supervisors shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty, without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.91. FIRE DEPARTMENT PHYSICIAN.
The Fire Commission shall appoint a Department Physician who shall hold office at its pleasure.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.92. FIRE; RANKS IN THE DEPARTMENT.
The several ranks or positions in the Fire Department shall be: Chief of Department; assistant chiefs of department; battalion chiefs; captains; lieutenants; engineers; chiefs operators; firefighters; pilots of fireboats and marine engineers of fireboats; captain, bureau of fire prevention and public safety; lieutenant, Bureau of Fire Prevention and Public Safety; lieutenant, Bureau of Fire Investigation; inspector, Bureau of Fire Prevention and Public Safety; and investigator, Bureau of Fire Investigation, and such other ranks or positions as the Fire Commission may from time to time create as provided for in Section 2A.90.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.93. FIRE; DEPUTY CHIEF; OTHER EXECUTIVES.
The Chief of the Fire Department shall have the power to appoint and to remove, at his or her pleasure, from among the members of the Department having the rank of Assistant Chief of Department or Battalion Chief, two Deputy Chiefs of Department and a Secretary to the Chief of the Department.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.94. FIRE MARSHAL.
The Chief of the Fire Department, with the approval of the Fire Commission, may appoint a Fire Marshal and assistants. The Board of Supervisors may empower the Fire Marshal to sell property saved or salvaged from any fire and for which no owner can be found. The Fire Marshal may call upon police officers to assist in the protection or salvaging of property and shall have such other powers and duties as by ordinance may be prescribed relative to the protection of property at fires and the storage of property salvaged therefrom. The Fire Marshal shall have such duties appertaining to the enforcement of laws relative to the storage, sale and use of flammable and combustible liquids, combustible materials and explosives as the Fire Commission by rule, or the Supervisors by ordinance, may prescribe.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.95. FIRE PREVENTION.
The Chief of Department shall have jurisdiction, under the supervision of the Fire Commission, of the Division of Fire Prevention and Investigation consisting of the Bureau of Fire Prevention and Public Safety and the Bureau of Fire Investigation. The Chief of Department shall hold the Assistant Chief of Department, Division of Fire Prevention and Investigation, to the responsibility and authority for enforcement of laws and statutes of the State of California, and the Charter and ordinances of the City and County of San Francisco, pertaining to matters of fire prevention and fire investigation.
The Bureau of Fire Prevention and Public Safety shall inspect all hospitals, schools, places of public assemblage, and other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facilities, other hazardous occupancies as defined by the Building Code, and all occupied or vacated structures and premises to determine whether or not compliance is being had with statutes, regulations, and ordinances relative to fire prevention, fire protection and firespread control, and the protection of persons and property from fire. It shall enforce said statutes, regulations, and ordinances and shall report violations to other departments having jurisdiction.
The Bureau of Fire Prevention and Public Safety shall examine the application, plans and specifications for the erection, and for alterations or repairs estimated to exceed $1,000 in cost, of any hospital, school, place of public assemblage as defined in the Building Code, other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facility, or other hazardous occupancy as defined by the Building Code, subject to the statutes, regulations, and ordinances referred to in this Section, and shall also examine the applications, plans and specifications for all structures and premises insofar as they involve the location of standpipes. The Bureau of Fire Prevention and Public Safety shall by written report, filed with the Director of Public Works, approve such plans and specifications, or report to said Director of Public Works, the particulars wherein noncompliance exists, and upon modification of the application, plans and specifications to comply therewith, the Bureau shall inform said Director of its approval. No permit for alteration or repair exceeding $1,000 in cost of any hospital, school, place of public assemblage as defined in the Building Code, other premises regulated by Title 19 of the California Administrative Code, flammable liquid storage facility, or other hazardous occupancy as defined by the Building Code, or for the erection thereof, or involving the location of standpipes, shall be issued unless said approval is given.
Any structure or premises as provided in this Section wherein there exists any violation of statutes, regulations, or ordinances referred to in this Section, or which is maintained or used in such manner as to endanger persons or property by hazard or fire, explosion or panic and any structure or premises as provided in this Section hereafter constructed, altered or repaired in violation of said statutes, regulations, or ordinances, is hereby declared to be a public nuisance, and it shall be the duty of the Bureau of Fire Prevention and Public Safety to prosecute abatement proceedings.
The Bureau of Fire Prevention and Public Safety shall detail to the Department of Public Works such personnel as necessary to review and check plans relative to requirements of the Fire Code and shall report any particulars of noncompliance to the Director.
The Fire Department shall make recommendations to the Director of Public Works for possible revisions to the Building Code and Housing Code on matters of fire safety.
(Added by Ord. 320-96, App. 8/8/96)
SEC. 2A.96. CURTAILMENT OF FIREBOAT OPERATION.
In the event that the services of any pilot, marine engineer or marine fireman holding permanent civil service status as such, hereinafter referred to as the said member, are no longer required in connection with fireboat operation due to curtailment of such operation by the City and County of San Francisco or due to the conversion from steam fireboats to motorized fireboats, the said member on the basis of seniority in rank may be reassigned to duties of a position of some other rank in the Fire Department in which a vacancy in a permanent position exists and not carrying a higher compensation than the compensation of the rank previously held by said member, as the Chief of Department, with the approval of the Fire Commission, shall determine are within the said member's ability to perform, below the rank of lieutenant; provided, however, said member shall not be eligible for promotional examination in the Fire Department. Upon such reassignment the said member shall be declared to be permanently appointed to such new rank as if appointed thereto after examination and certification from a list of eligibles under the civil service provisions of the Charter, and said member shall have seniority therein from date of such reassignment and he or she shall receive the same rate of pay as would be applicable to any other member of such new rank having the same number of years of service in the Department. If no vacancy in a permanent position exists to which immediate reassignment may be made as indicated above, then such member shall be laid off from his or her position subject to reassignment as indicated above when such a vacancy does occur.
If at any time after such reassignment the said member's original position, or a similar position becomes available on fireboats under jurisdiction of the San Francisco Fire Department, the said member shall be assigned to such position in accordance with his or her seniority in rank in the Department, preference in such assignment being given to the said member having the greatest seniority. Upon such assignment the said member shall be declared to be reappointed to the rank said member held at the time he or she was transferred from such fireboat service and shall be restored to all the civil services rights and privileges appurtenant thereto, including such additional rights and privileges as may have accrued by reason of added seniority.
Nothing in this Section shall affect the said members pension and retirement rights and privileges.
(Added by Ord. 320-96, App. 8/8/96)
SECTION 2A.97. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES.
Notwithstanding any other provision of law, the Fire Department shall maintain and operate neighborhood firehouses and emergency apparatus at the same location and to the same extent as existed on January 1, 2004, as is listed below.
Stations Location Emergency Apparatus Neighborhoods Served Station 1 676 Howard Engine/Truck/Rescue Squad Downtown, Tenderloin, SoMa Station 2 1340 Powell Engine/Truck/Battalion Chinatown, North Beach, Nob Hill Station 3 1067 Post Engine/Truck Tenderloin, SoMa, Civic Center, Polk Gulch Station 5 1301 Turk Engine/Truck/Division Fillmore, Western Addition, Japantown Station 6 135 Sanchez Engine/Truck Castro, Lower Haight, Mission, Duboce Triangle Station 7 2300 Folsom Engine/Truck/Rescue Squad/Division Mission District, Bernal Heights Station 8 36 Bluxome Engine/Truck/Battalion SoMa, South Beach, Mission Bay Station 9 2245 Jerrold Engine/Truck/Battalion Potrero Hill, Bernal Heights Station 10 655 Presidio Engine/Truck Presidio Heights, Laurel Heights, Western Addition Station 11 3880 26th Street Engine/Truck/Battalion Noe Valley, Mission District, Castro Station 12 1145 Stanyan Engine/Truck Haight Ashbury, Cole Valley Station 13 530 Sansome Engine/Truck Financial District, North Beach, Chinatown Station 14 551 26th Avenue Engine/Truck Richmond, Presidio Station 15 1000 Ocean Engine/Truck/Battalion Ingleside Station 16 2251 Greenwich Engine/Truck Marina, Cow Hollow, Presidio Station 17 1295 Shafter Engine/Truck Bayview/Hunters Point Station 18 1933 32nd Avenue Engine/Truck Sunset Station 19 390 Buckingham Engine/Truck Park Merced, Stonestown, Lake Merced Station 20 285 Olympia Engine/Mobile Air Unit Forest Hill, Inner Sunset Station 21 1443 Grove Engine Fillmore, Western Addition, Haight Station 22 1290 16th Avenue Engine Inner Sunset Station 23 1348 45th Avenue Engine Sunset Station 24 100 Hoffman Engine Noe Valley, Castro, Twin Peaks Station 25 3305 3rd Street Engine Potrero Hill, Bayview/Hunters Point Station 26 80 Digby Engine Glen Park, Diamond Heights Station 28 1814 Stockton Engine North Beach, Telegraph Hill Station 29 299 Vermont Engine Potrero Hill, Mission District Station 31 441 12th Avenue Engine/Battalion Richmond Station 32 194 Park Engine Bernal Heights, Mission District Station 33 8 Capitol Engine OceanView, Merced Heights Station 34 499 41st Avenue Engine Outer Richmond Station 35 Pier 22 1/2 Engine/Fireboat Embarcadero, Downtown, South Beach Station 36 109 Oak Street Engine/Battalion Civic Center, Hayes Valley Station 37 798 Wisconsin Engine Potrero Hill, Dog Patch Station 38 2150 California Engine/Battalion Pacific Heights, Marina, Upper Fillmore Station 39 1091 Portola Engine Miraloma, St. Francis Wood, West Portal Station 40 2155 18th Avenue Engine/Battalion Parkside, Forest Hill Station 41 1325 Leavenworth Engine Russian Hill, Nob Hill Station 42 2430 San Bruno Avenue Engine Portola, Silver Terrace Station 43 720 Moscow Engine Excelsior, Outer Mission, Crocker Amazon Station 44 1298 Girard Engine Visitacion Valley, Sunnydale Station 48 Treasure Island Engine/Truck/Hose Tender Treasure Island Each such firehouse shall remain open 24 hours a day, and the emergency apparatus located at each firehouse shall be adequately staffed so as to be able to respond to a fire, medical or other emergency 24 hours a day. The Fire Department shall not close, abandon or consolidate any existing firehouse, or provide a level of service at that firehouse or for the apparatus within that firehouse, lower than that existing as of January 1, 2004, except as specified below.
In addition to the apparatus housed within each neighborhood firehouse as of January 1, 2004, as listed above, the Fire Department shall maintain and operate 24 hours per day the following: an arson/fire investigation unit; no fewer than four ambulances; and four Rescue Captains (Medical Supervisors). The Chief of the Department shall determine which station will house those units.
The Fire Department, with the concurrence of the Fire Commission and subject to approval by the Board of Supervisors, may establish such additional firehouses as it deems necessary to meet the safety needs of the residents of the City and County of San Francisco. The Fire Department may relocate apparatus from one neighborhood firehouse to another only if the Chief, with the concurrence of the Fire Commission and approval by the Board of Supervisors, declares doing so is necessary to meet the safety needs of the citizenry and will not prevent servicing that neighborhood 24 hours a day. In no event may the Fire Department remove apparatus from a neighborhood firehouse if doing so prevents that firehouse from responding to fires and medical emergency calls from that location 24 hours a day.
A neighborhood firehouse listed above may be closed only for unsafe structural conditions, or if necessary to retrofit or renovate the building, or if it has been replaced by a new firehouse in that same neighborhood. Such closure must be recommended by the Fire Department, concurred in by the Fire Commission, and approved by the Board of Supervisors, and must be accompanied by a detailed plan for restoring adequate services to the neighborhood served by that firehouse as soon as possible.
Nothing in this Section shall prevent the Fire Department from temporarily closing a firehouse and moving the apparatus within it if that firehouse poses an immediate danger to public safety, provided that the Department shall seek the concurrence of the Fire Commission and the approval of the Board of Supervisors as soon as is reasonably possible.
Nothing in this provision shall diminish, interfere with or otherwise alter the Mayor's authority under Article III, Section 3.100(13) of the Charter.
(Added by Proposition F of 11/8/2005)
ARTICLE VI:
REAL PROPERTY; RECREATION AND PARKSec. 2A.110. Director of Property.
Sec. 2A.111. Recreation and Park; New Facilities.
SEC. 2A.110. DIRECTOR OF PROPERTY.
The Director of Property shall have the charge of the purchase of real property and improvements required for all City and County purposes, and the sale and lease of real property and improvements thereon owned by the City and County, except as otherwise provided by the Charter. In the acquisition of property required for street opening, widening or other public improvements, the Director shall make preliminary appraisals of the value of the property sought to be condemned or otherwise acquired, and report thereon to the responsible officer. It shall be his or duty, in addition, to assist in such proceedings on the request of the responsible officer.
Except for the Convention Facilities Management Department, each department authorized by the approval of bond issues or by annual or supplemental appropriation ordinances to purchase or lease property or improvements needed for the purposes of such department shall make such purchases or leases through the Director of Property. The Director of Property shall make a preliminary valuation of the property to be acquired or leased and report the same to the department requiring such property. For such purposes the Director of Property may employ independent appraisers. The Director of Property shall conduct negotiations with the owner or owners thereof, at the conclusion of which the Director shall report the terms on which such sale or lease may be concluded, together with his or her recommendations thereon. The head of the department concerned may report to the Board of Supervisors and recommend acceptance or that proceedings in eminent domain be instituted for the acquisition of such property.
The Director of Property shall maintain complete records and maps of all real property owned by the City, which shall show the purchase price, if known, and the department in charge of each parcel, with reference to deeds or grants establishing the City's title.
The Director of Property shall annually report to the Mayor, the Controller, the Director of Administrative Services, and the Supervisors, the estimated value of each parcel and improvement. The Director of Property shall make recommendations to the Mayor and Director of Administrative Services relative to the advantageous use, disposition, or sale of real property not in use.
(Added by Ord. 277-96, App. 7/3/96)
SEC. 2A.111. RECREATION AND PARK; NEW FACILITIES.
The Recreation and Park Department shall have power to construct new parks, playgrounds, recreation centers, recreation facilities, squares and grounds, and to erect and maintain buildings and structures on parks, playgrounds, squares, avenues and grounds. Pursuant to Charter Section 16.107, the Recreation and Park 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.
(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 118-00, File No. 000478, App. 6/2/2000)
ARTICLE VII:
PUBLIC UTILITIESSec. 2A.130. Public Utilities; Powers and Duties.
Sec. 2A.131. Public Utility; Hetch Hetchy Project.
Sec. 2A.132. Public Utility Accounting.
Sec. 2A.133. Public Utilities; Foreign Trade Zones.
Sec. 2A.134. Public Utility Rates.
SEC. 2A.130. PUBLIC UTILITIES; POWERS AND DUTIES.
The Public Utilities Department shall locate and determine the character and type of all construction and additions, betterments and extensions to utilities under its control, and shall determine the policy for such construction or the making of such additions, betterments and extensions from the public funds under its jurisdiction; provided that in each such case it shall secure the recommendation of the Manager of Utilities, which shall be presented in writing and shall include analyses of cost, service and estimated revenues of all proposed or feasible alternatives in cases where it is deemed by the manager that such alternatives exist.
The Department shall also have power to enter into contract for the furnishing of heat, light and power for municipal purposes, and to supervise the performance and check the monthly bills under such contract. The Department shall provide adequate electric power to the municipal railway for its prudent use in providing transit services and related activities.
The Department shall have full power and authority to enter into such arrangements and agreements as it shall deem proper for the joint use with any other person, firm or corporation owning or having jurisdiction over poles, conduits, towers, stations, aqueducts, and reservoirs for the operation of any of the utilities under its jurisdiction.
The Department shall observe all City and County ordinances and the regulations of the Department of Public Works relative to utility openings, structures and poles in streets and other public places, as well as all ordinances and regulations relative to barricades, construction lights, refilling excavations and replacing and maintaining street pavements; and in connection with all such matters the said Department shall be subject to the same inspection rules and pay fees to the proper department in the same manner and at the same rates as any private person or corporation.
The Department shall have charge of all valuation work relative or incidental to purchase proceedings initiated by the City and County for the acquisition of any public utility.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.131. PUBLIC UTILITY; HETCH HETCHY PROJECT.
The Hetch Hetchy Project shall not be deemed completed until a specific finding of completion thereof has been made by the Public Utilities Commission and approved by the Board of Supervisors by a two-thirds vote of all members.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.132. PUBLIC UTILITY ACCOUNTING.
The Public Utilities Department shall maintain separate accounts for each utility in such manner as to exhibit exact and complete financial results of ownership, management and operation; the actual cost of each utility; all costs of maintenance, extension and improvement; all operating expenses of every description; the general expenses of the Commission and bureaus thereof apportioned to each such utility; the amount paid or set aside for depreciation, insurance, interest and sinking fund; and estimates of the amount of taxes that would be chargeable against such property and the revenue thereof if privately owned and operated. All accounts shall be maintained in accordance with forms and requirements for public utilities engaged in like character of service, insofar as these shall be applicable to publicly owned and operated utilities.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.133. PUBLIC UTILITIES; FOREIGN TRADE ZONES.
Foreign trade zones, as may be authorized by acts of Congress to be located in the City and County, are hereby declared to be public utilities within the meaning of the Charter.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.134. PUBLIC UTILITY RATES.
The Public Utilities Department shall propose to the Mayor and the Board of Supervisors rates, charges or fares for the furnishing of service by any utility under its jurisdiction. The Public Utilities Department shall have power to collect by appropriate means all amounts due for said service, and to discontinue service to delinquent consumers and to settle and adjust claims arising out of the operation of any said utilities.
Rates may be fixed at varying scales for different classes of service or consumers. The Department may provide for the rendition of utility service outside the limits of the City and County and the rates to be charged therefor which may include proportionate compensation for interest during the construction of the utility rendering such service.
Before proposing any schedule of rates or fares, the Commission shall publish in the official newspaper of the City and County for five days notice of its intention so to do and shall fix a time for a public hearing or hearings thereon, which shall be not less than 10 days after the last publication of said notice, and at which any resident may present his or her objection to or views on the proposed schedule of rates, fares or charges.
Rates for each utility shall be proposed so that the revenue therefrom shall be sufficient to pay, for at least the succeeding fiscal year, all expenses of every kind and nature incident to the operation and maintenance of said utility, together with the interest and sinking fund for any bonds issued for the acquisition, construction or extension of said utility.
(Added by Ord. 352-96, App. 9/11/96)
ARTICLE VIII:
ARTS AND CULTURE DEPARTMENTSSec. 2A.150. Arts Commission; Functions, Powers and Duties.
Sec. 2A.150.1. Arts Commission; Additional Responsibilities.
Sec. 2A.155. Fine Arts Museums; Grounds.
Sec. 2A.155.1. Fine Arts Museums; Accounts and Reports.
Sec. 2A.155.2. Fine Arts Museums; Achenbach Gift.
Sec. 2A.155.3. Fine Arts Museums; Acceptance of Gifts, Devises and Bequests.
Sec. 2A.155.4. Fine Arts Museums; Sale, Exchange or Transfer of Works of Art.
Sec. 2A.155.5. Fine Arts Museums; Exchanges of Works of Art.
Sec. 2A.155.6. Fine Arts Museums; Public Auction.
Sec. 2A.155.7. Fine Arts Museums; Private Sale in Lieu of Auction.
Sec. 2A.155.8. Fine Arts Museums; Other Means of Sale.
Sec. 2A.155.9. Fine Arts Museums; Moneys Received for Sale of Works of Art.
Sec. 2A.155.10. Fine Arts Museums; Transfer of Works of Art.
Sec. 2A.155.11. Application to the Asian Art Commission.
Sec. 2A.155.12. Application to the San Francisco Airport Commission.
Sec. 2A.160. Academy of Sciences; Relationship with City and County.
Sec. 2A.160.1. Academy of Sciences; Memorial Buildings.
Sec. 2A.165. War Memorial; "Trustees" Defined.
Sec. 2A.165.1. War Memorial; Powers of Trustees Subject to Charter.
Sec. 2A.165.2. War Memorial; Jurisdiction.
Sec. 2A.165.3. War Memorial; Acceptance of Gifts, etc.; Special Fund.
Sec. 2A.165.4. Purchases of Materials and Supplies.
Sec. 2A.166. San Francisco Museum and Historical Society Advisory Committee.
SEC. 2A.150. ARTS COMMISSION; FUNCTIONS, POWERS AND DUTIES.
No work of art shall be contracted for or placed or erected on property of the City and County or become the property of the City and County by purchase, gift or otherwise, except for any museum or art gallery, unless such work of art, or a design or model of the same as required by the Arts Commission, together with the proposed location of such work of art, shall first have been submitted to and approved by the Commission. The term "work of art" as used in this Section shall comprise paintings, mural decorations, stained glass, statues, bas reliefs or other sculptures; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration. No existing work of art in the possession of the City and County shall be removed, relocated or altered in any way without the approval of the Commission, except as otherwise provided herein. The Commission shall have similar powers with respect to the design of buildings, bridges, viaducts, elevated ways, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the City and County, and concerning arches, bridges, structures and approaches which are the property of any corporation or private individual and which shall extend over or upon any street, avenue, highway, park or public place belonging to the City and County. Said Commission shall so act and its approval shall be required for every such structure which shall hereafter be erected or contracted for, and may advise in respect to lines, grades and platting of public ways and grounds.
Nothing herein contained shall be construed to limit or abridge the legal powers of the governing boards of the War Memorial, the Fine Arts Museums or the Asian Art Museum.
The Commission shall supervise and control the expenditure of all appropriations made by the Board of Supervisors for music and the advancement of art or music.
The Commission shall exercise all reasonable supervision of policy connected with the arts as may hereafter be assigned to it by ordinance or executive action.
The Commission shall decide upon any expenditure of less than $1,000 within 15 days after submission, and upon any other matter within 30 days after submission. If it fails so to do, its decision shall be considered unnecessary.
The Commission may volunteer advice or suggestion to the owners of private property in relation to the beautification of the same; and any person contemplating to erect any building or make any improvement may submit the plans and designs or sketches thereof to the Commission for advice and suggestions, for which no charge shall be made by the Commission.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.150.1. ARTS COMMISSION; ADDITIONAL RESPONSIBILITIES.
(a) Cataloging, Care and Maintenance of Public Art Media. The cataloging, care and maintenance of all sculptures, statues, murals, paintings and other art media belonging to the City and County of San Francisco, other than and excepting those located on properties under the jurisdiction and control of the San Francisco Unified School District, the M. H. de Young Memorial Museum, the California Palace of the Legion of Honor, the California Academy of Sciences and the Recreation and Park Commission, shall be under the jurisdiction of the Arts Commission.
(b) Agreement with Recreation and Park Commission. The Arts Commission shall be authorized to enter into agreement with the Recreation and Park Commission, upon such terms as may be mutually agreed, for the cataloging, care and maintenance of any or all of the above media located on properties under the jurisdiction of the Recreation and Park Commission.
(c) Authorization for Sale of Works of Art. When the Arts Commission determines that it would be advantageous to the City and County, a work of art under the jurisdiction of the Arts Commission may be sold or exchanged as hereinafter set forth.
The Arts Commission may execute and accept all deeds of conveyance necessary and proper to effect a duly authorized sale or exchange. A work of art to be sold or exchanged shall be cataloged, listed and described with reasonable certainty and a copy of such catalog shall be furnished to the purchaser of supplies.
(d) Exchange of Works of Art. The Arts Commission may exchange a work of art on such terms as the Arts Commission, by a 2/3 vote of the members of the Arts Commission, determines appropriate; provided that any exchange is subject to the approval of the purchaser of supplies.
(e) Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold at public auction to the highest and best bidder and the Arts Commission may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser of Supplies.
(f) Sale at Other Than Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold by private sale under the following circumstances:
(1) If the work is offered at public auction and no bids are received, or if the bids are rejected; or
(2) If the Arts Commission determines, by a 2/3 vote of the members of the Arts Commission, that the work may be sold on terms more advantageous to the City and County if sold through private sale. Any contract for the private sale of a work of art is subject to the approval of the Purchaser. A work of art on which bids have been rejected shall not thereafter be sold through private sale for less than the amount of the highest bid received.
(g) Reproductions or Adaptations. The Arts Commission may license the making of reproductions or adaptations of works of art under its jurisdiction.
(h) Disposition of Proceeds from the Sale or Exchange of a Work of Art or of a Reproduction or Adaptation Thereof. All moneys received from the sale of a work of art under the jurisdiction of the Arts Commission, or from the licensing of the making of a reproduction or adaptation thereof, shall be placed in the public art media fund as provided for in Section 10.117-1 of the San Francisco Administrative Code. The monies in this fund attributable to the sale or exchange of a work of art shall be used exclusively for the purpose of acquiring or maintaining one or more other works of art for the same public building or purpose for which the original work was acquired.
(Amended by Ord. 416-82, App. 8/20/82; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155. FINE ARTS MUSEUMS; GROUNDS.
The Recreation and Park Department shall maintain and care for the grounds of the Museums, and shall furnish the monies for the necessary repair and embellishment of the grounds and unoccupied parts.
(Added by Ord. 352-96, App. 9/11/96)
SEC. 2A.155.1. FINE ARTS MUSEUMS; ACCOUNTS AND REPORTS.
The Fine Arts Museums shall keep a full account of all property, money, receipts and expenditures, and a record of all Board of Trustees proceedings.
(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.2. FINE ARTS MUSEUMS; ACHENBACH GIFT.
The City and County accepts from Moore S. and Hazel J. Achenbach the gift of a collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of approximately 75,000 works of art. Such collection shall be placed in suitable quarters in the buildings maintained by the California Palace of the Legion of Honor and shall remain in the custody, management, supervision and operation of and by the California Palace of the Legion of Honor. Portions of the collection shall be on exhibition for the inspection of the public during all times that the main building of the California Palace of the Legion of Honor is open.
In accepting the gift, provision will be made for the California Palace of the Legion of Honor to engage a curator and assistant curators for the collection, subject to the conditions herein elsewhere set forth, who shall be persons experienced in the collection and exhibition of graphic arts. They need not be residents of City and County, nor be subject to the civil service provisions of the Charter of the City and County. Their duty shall be to supervise the maintenance of the collection and designate the times when and the portions thereof to be placed on exhibition. Such other assistant curators shall be provided by the California Palace of the Legion of Honor for the proper maintenance, management, supervision, operation and storage of the collection.
In the event that the California Palace of the Legion of Honor should at any time fail to carry out the intent and conditions under which the gift is made, the objects of art shall revert to and become the property of the donors or the survivor, or in the event of their death, of such corporation, association or individual as the donors may designate, either in their joint wills or in the will of the survivor as between them, or in a joint declaration of trust that may be made during the lifetime of the donors, or in a declaration of trust that may be made by the survivor as between the donors. For the purposes of carrying out the intent of this Section, the Mayor is hereby authorized to enter into a contract with Moore S. and Hazel J. Achenbach and execute any and all other papers or documents required for its accomplishment.
The collection shall be known and referred to at all times as the Achenbach Foundation For Graphic Arts.
The provisions of this Section shall be subject to the budget and fiscal provisions of the Charter of the City and County.
(Res. No. 10629 (1939); amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.3. FINE ARTS MUSEUMS; ACCEPTANCE OF GIFTS, DEVISES AND BEQUESTS.
The Board of Trustees of the Fine Arts Museums of San Francisco is hereby authorized to accept gifts, devises and bequests of objects of art or other articles to the M. H. de Young Memorial Museum, the California Palace of the Legion of Honor or the Fine Arts Museums solely for exhibition purposes when the acceptance of the same entails no expense on the part of the board beyond the ordinary care and maintenance of such objects of art or other articles.
All gifts, devises and bequests of objects of art or other articles heretofore made to the aforesaid museums which entail no expense beyond the ordinary care and maintenance thereof for exhibition purposes are hereby accepted for the purposes for which they have been given.
Nothing in this Section shall be considered to approve or ratify the acceptance in the past or in the future of any gift, devise or bequest made to the aforesaid museums, the administration of which gifts, devises or bequests entails any expense beyond the care and maintenance of the objects of such gifts, devises or bequests for exhibition purposes.
(Amended by Ord. 295-74, App. 6/12/74; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.4. FINE ARTS MUSEUMS; SALE, EXCHANGE OR TRANSFER OF WORKS OF ART.
When, in the judgment of the Board of Trustees of the Fine Arts Museums of San Francisco, works of art or other articles in the possession of the museums are no longer fit for exhibition purposes in said museums, such works of art or other articles may be sold, exchanged or transferred as hereinafter set forth. Such works of art or other articles to be sold, exchanged or transferred shall be catalogued, listed and described with reasonable certainty.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.5. FINE ARTS MUSEUMS; EXCHANGE OF WORKS OF ART.
The Board of Trustees may exchange such works of art or other articles for other works of art or other articles of equivalent value. The said Trustees may execute and accept all deeds of conveyance necessary and proper to effect such exchange.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.6. FINE ARTS MUSEUMS; PUBLIC AUCTION.
The said Trustees may cause said works of art or other articles to be sold at public auction to the highest and best bidder, and may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.7. FINE ARTS MUSEUMS; PRIVATE SALE IN LIEU OF AUCTION.
Should no bids be received, or if bids are received and rejected as unsatisfactory, or if the high bid fails for reasons beyond the control of the trustees, the work of art or other article may thereafter be sold by private sale by the Trustees; provided, that works of art or other articles on which bids have been rejected shall not thereafter be sold for amounts less than the amount the Trustees would have realized on the highest responsible bid.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.8. FINE ARTS MUSEUMS; OTHER MEANS OF SALE.
The Trustees may sell works of art or other articles through the museum's store, at a fundraising event, or a similar publicly-accessible venue when the Trustees determine, based upon reasonable independent information, that such sale is likely to realize a market value greater than what is expected at public auction.
(Added by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.9. FINE ARTS MUSEUMS; MONEYS RECEIVED FOR SALE OF WORKS OF ART.
All moneys received from the sale of any work of art or other article sold pursuant to the provisions of this Article shall be placed in the trust fund of the Fine Arts Museums of San Francisco. Deposits in said trust fund shall be under the jurisdiction of the Board of Trustees. Said deposits in said trust fund shall be used for the purchase of other works of art and other articles to be exhibited in the Fine Arts Museums of San Francisco.
(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.10. FINE ARTS MUSEUMS; TRANSFER OF WORKS OF ART.
(a) The collections of the Fine Arts Museums of San Francisco contain certain objects which are no longer appropriate to the collections. Many such objects are of scientific, social, cultural or historic value, but of little monetary value and therefore not appropriate for sale or exchange. The Board of Trustees nonetheless has a duty of care towards these objects and must expend funds for the storage and conservation of the items. It is in the interest of the City and County of San Francisco that these objects, under appropriate circumstances, be transferred to other public and nonprofit institutions for preservation, study and display, thereby relieving the City of the responsibility and expense of storing and preserving these objects.
(b) The Board of Trustees may transfer title to a work of art or other article in the Fine Arts Museums' collections to another public or nonprofit institution when the transfer is in the public interest. A transfer to another institution is deemed to be in the public interest where the Board of Trustees makes the following findings:
(1) The object is no longer appropriate to the Fine Arts Museums' collections; and
(2) The scientific, social, cultural and/or historical value of the object outweighs its monetary value; and
(3) The object is more likely to be preserved, studied and available to the public if it is transferred to the recipient institution than if it remains with the Fine Arts Museums of San Francisco or is sold.
(c) Where it is found to be in the public interest to transfer any object which is of historical or other interest to San Francisco, the object will first be offered to a San Francisco public or nonprofit institution.
(d) No work of art or other article in the Fine Arts Museums' collections may be transferred to another institution unless the transfer is approved by a majority of the members of the Board of Trustees. The Trustees may execute all deeds of conveyance necessary and proper to effect such transfer.
(Added by Ord. 347-89, App. 10/4/89; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.11. APPLICATION TO THE ASIAN ART COMMISSION.
The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the Asian Art Museum with respect to works of art or other articles in its possession. Funds from the sale of objects in the Asian Art Museum's possession shall be placed in the general art acquisition fund of the Asian Art Museum and shall be under the jurisdiction of the Asian Art Commission.
(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.155.12. APPLICATION TO THE SAN FRANCISCO AIRPORT COMMISSION.
The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the San Francisco Airport Commission with respect to objects in its possession. Funds from the sale of objects in the Airport Museum's possession shall be placed in the Airport Museum's trust fund within the Airport Revenue Fund and shall be under the jurisdiction of the Airport Commission. Nothing in this Section is intended to limit or abridge the Arts Commission's authority with respect to works of art as set forth in Charter Section 5.103 and Administrative Code Section 2A.150.
(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.160. ACADEMY OF SCIENCES; RELATIONSHIP WITH CITY AND COUNTY.
In addition to all other approvals required by law, plans for all proposed buildings and improvements of the California Academy of Sciences including any additions, must be approved by the Recreation and Park Commission and the Arts Commission. The Recreation and Park Commission is hereby authorized, subject to approval by the Board of Supervisors by ordinance, and subject to the provisions of Section 4.113 of the Charter, to set apart from time to time such portions of property under its control, as may be required for such buildings and improvements, sufficient grounds being allotted to secure the safety of the same from fire.
The erection of buildings or additions to buildings shall not be started by the California Academy of Sciences until it shall have submitted a statement satisfactory to the Recreation and Park Commission of its ability to finance the proposed work to completion. The Board of Supervisors shall, by ordinance, prescribe the insurance to be furnished by the California Academy of Sciences to save the City and County harmless from claims for damages to persons or property arising from the construction or use of any of said buildings. Reasonable and appropriate charges may be made by the California Academy of Sciences for admission to or use of the Alexander F. Morrison Planetarium and Auditorium.
(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 132-99, File No. 990583, App. 5/28/99)
SEC. 2A.160.1. ACADEMY OF SCIENCES; MEMORIAL BUILDINGS.
Particular buildings or improvements or portions thereof may be named in memory of persons designated by the California Academy of Sciences.
(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.165. WAR MEMORIAL; "TRUSTEES" DEFINED.
As used in Sections 2A.165.1 through 2A.165.3, the word "Trustees" shall mean the Board of Trustees of the War Memorial and Performing Arts Center of the City and County.
(Amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.165.1. WAR MEMORIAL; POWERS OF TRUSTEES SUBJECT TO CHARTER.
The Board of Trustees of the War Memorial and Performing Arts Center, in exercising the powers granted to it under Article V of the Charter, relative to the construction, administration, management, superintendence and operation of the War Memorial and Performing Arts Center of the City and County, shall do so subject to the provisions of this Chapter.
(Ord. No. 8931 (N.S.), Sec. 1; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.165.2. WAR MEMORIAL; JURISDICTION.
(a) The Trustees shall have jurisdiction over the buildings and grounds of the War Memorial Opera House and War Memorial Veterans Building on the real property located in the City and County bounded by Van Ness Avenue, Grove, Franklin and McAllister Streets.
(b) The Trustees shall also have jurisdiction over the Louise M. Davies Symphony Hall and Harold L. Zellerbach Rehearsal Hall, including all of the buildings and grounds on the real property bounded by Van Ness Avenue and Hayes, Franklin and Grove Streets.
(Amended by Ord. 302-80, App. 6/27/80; Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.165.3. WAR MEMORIAL; ACCEPTANCE OF GIFTS, ETC.; SPECIAL FUND.
No gifts, devises or bequests, other than unconditional gifts, devises and bequests of cash, shall be accepted by the City and County for the War Memorial and Performing Arts Center without the consent of a majority of the Trustees. Any gifts, devises or bequests received by the Trustees on behalf of the City and County for any purposes connected with the War Memorial and Performing Arts Center, or incident thereto, shall be set aside in a special fund for the use and benefit of the War Memorial and Performing Arts Center.
(Ord. No. 8931 (N.S.), Sec. 4; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.165.4. PURCHASES OF MATERIALS AND SUPPLIES.
Purchases of materials, supplies and equipment required by the Trustees shall be made in accordance with the provisions of this Code; provided, however, that specifications may be prepared under the direction of the Trustees for all equipment required by the Trustees and for material or supplies peculiar to the War Memorial operations and not in common use in other departments of the City and County. The Trustees may designate the particular brand, kind or make of any equipment which may be necessary in the conduct of the War Memorial.
(Ord. No. 8931 (N.S.), Sec. 9; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)
SEC. 2A.166. SAN FRANCISCO MUSEUM AND HISTORICAL SOCIETY ADVISORY COMMITTEE.
(a) Establishment of Committee. There is hereby established a San Francisco Museum and Historical Society Advisory Committee ("Committee").
(b) Committee Membership. The Committee shall consist of eleven (11) voting members. The members shall consist of:
(1) Two (2) representatives from the San Francisco Museum and Historical Society (the "Society");
(2) Two (2) representatives from the Fine Arts Museums of San Francisco ("FAMSF");
(3) One (1) representative from the San Francisco Public Library currently working in the City Archives division or with expertise in historic materials;
(4) One (1) member of the public with significant expertise or experience researching and documenting the history of San Francisco ("the Historical Research Representative");
(5) Two (2) members of the public from historical organizations including, but not limited to, organizations focused on the history of ethnic or racial minorities, sexual orientation, gender, or any of the various other cultural communities within San Francisco (the "Historical Organization Representatives");
(6) One (1) member of the public with a professional background in museums who is not affiliated with FAMSF or the Society (the "Museum Professional Representative"); and
(7) Two (2) members of the public from organizations or communities with extensive knowledge of the history or cultural traditions of an ethnic minority community within San Francisco, with a focus on ancestral lineage or other historical and cultural links to the San Francisco Bay Area (the "Community Representatives").
The Society representatives shall be appointed by the San Francisco Museum and Historical Society. The Historical Organization Representatives and one of the Community Representatives shall be appointed by the Board of Supervisors based on nominations from the Society and from applications submitted by the general public. The Museum Professional Representative, the Historical Research Representative and the other Community Representative shall be appointed by the Mayor based on nominations from the Society and from applications submitted by the general public. The Society's nominations and the applications for the Historical Organization Representative and Board-appointed Community Representative positions shall be submitted to the Clerk of the Board of Supervisors within 30 days of the enactment of this Ordinance. The Society's nominations and the public representative applications for the Museum Professional Representative, the Historical Research Representative and the Mayor-appointed Community Representative positions shall be submitted to the Mayor's Office within 30 days of the enactment of this Ordinance. The San Francisco Public Library representative shall be appointed by the City Librarian. The FAMSF representatives shall be appointed by the Director of the Fine Arts Museums. All appointments shall be made within 60 days after enactment of this Ordinance and thereafter, as provided in subparagraph (c). Each Committee member shall serve at the pleasure of the appointing authority.
In making appointments, members of the Board of Supervisors, Mayor, City Librarian and the Director of the Fine Arts Museums shall take into consideration City policy that the members of all boards, commissions and committees be broadly representative of the diversity in ethnicity, race, age and sexual orientation of the City and County and have representation of both sexes. In no event shall more than five members of the Committee consist of members of the Fine Arts Museums Board of Trustees ("Fine Arts Museums Board") or its Executive Committee. In no event shall more than five members of the Committee consist of board members of the Society.
(c) Term of Office. Members shall serve a term of one year. The first one-year term for all members, other than the Community Representatives, shall begin upon the date the Clerk of the Board of Supervisors certifies that all members of the Committee have been appointed following the adoption of this Ordinance. Future terms of office shall begin on that date of each successive year. Members shall conduct the first meeting of the Committee within thirty days of the appointment of a quorum of the members. The first one-year term for the Community Representatives shall begin upon the date the Clerk of the Board of Supervisors certifies that such representatives have been appointed.
In the event a vacancy in Committee membership occurs, the successor to the vacant position shall be appointed to complete the unexpired term of the office vacated in the same manner used to select the previous occupant of that position, consistent with subparagraph (b).
(d) Removal of Members. Any member whom the Committee certifies to have missed three regularly scheduled meetings of the Committee in any six month period without prior authorization of the Committee shall be deemed to have resigned from the Committee effective on the date of the written certification from the Committee.
(e) Compensation. Members of the Committee shall not be compensated, nor shall they be reimbursed for expenses.
(f) Purposes and Duties of Committee. The purposes and duties of the Committee are to publicly discuss and make recommendations to the Board of Supervisors, Fine Arts Museums Board and San Francisco Museum and Historical Society regarding any or all of the following topics:
(1) The management of the City history collections of the San Francisco Museum and Historical Society, the Fine Arts Museums of San Francisco, the San Francisco Public Library and other City departments, (the "Collection") including, but not limited to, issues related to the inventory, housing, storage, exhibition, conservation and development of such Collection;
(2) The type of relationship between the City and the Society that would best serve to ensure the continuing existence, financial stability and success of the San Francisco Museum and Historical Society;
(3) The identification of permanent exhibition venue(s) for the Society's Collection and funding for such venue(s);
(4) Sources of potential financial support for the Society;
(5) The potential creation of one or more full-time or part-time positions under the Fine Arts Museums' budget for the purpose of conducting a complete inventory/catalogue of the City and County of San Francisco's historical collections as well as those of the Society;
(6) The potential merger of the City's historical collections with the Society's Collection; and
(7) Strategies to promote citywide communication and partnership between various local organizations that hold historical/cultural resources.
(g) Reporting Requirements. The Committee shall submit to the Board of Supervisors, the Fine Arts Museums Board and San Francisco Museum and Historical Society an initial written report, by March 31 of 2003, summarizing its preliminary findings and recommendations, and then submit a detailed annual report by March 1 of each subsequent year the Committee is in operation.
(h) Officers. At the initial meeting of the Committee, the Committee members shall select such officers as it deems necessary.
(i) Staff Support. The Fine Arts Museums shall provide and/or oversee staff support and resources for the Committee.
(j) Meetings. The Committee shall meet at least bi-monthly. All meetings of the Committee, except as provided by applicable laws, shall be open to the public.
(k) Establishment of Rules and Regulations. The Committee, which qualifies as a Policy Body under San Francisco Administrative Code Chapter 67 (the "Sunshine Ordinance"), shall establish rules and regulations for its own organization and procedure that are consistent with the Sunshine Ordinance and other laws governing the conduct of public meetings.
(l) Sunset Clause. The provisions of this Ordinance and the operation of the Committee shall expire on June 1, 2006, unless otherwise amended by the Board of Supervisors.
(Added by Ord. 92-02, File No. 020637, App. 6/14/2002; amended by Ord. 25-03, File No. 030039, App. 2/21/2003; Ord. 96-05, File No. 050643, App. 5/20/2005)
ARTICLE IX:
AIRPORTSec. 2A.170. Airport Commission; Powers and Duties.
Sec. 2A.171. Airport Director.
Sec. 2A.173. Leases and Concessions on Airport Property.
SEC. 2A.170. AIRPORT COMMISSION; POWERS AND DUTIES.
The Airport Commission shall have all the powers and duties in the possession, management, supervision, operation, use, maintenance, extension and control of the San Francisco International Airport and of all other airport properties wherever situated as it may acquire or which may be placed under its control.
In carrying out such powers and duties, the Airport Commission shall have the authority to enter into all contracts, leases and other agreements which relate to matters under its jurisdiction or to airport properties wherever situated or as it may acquire or which may be placed under its control subject to the Charter.
In locating and determining the character and type of improvements and additions, betterments or extension to airport properties under its control, the Commission shall, in each case, first secure the written recommendation of the Airport Director, including analysis of cost, service and estimated revenue of all proposed alternatives determined feasible by said Director. Subject to the provisions of Section 2A.110 of this Code, the Commission shall have the power to purchase, lease or otherwise acquire all such lands, property, improvements or related facilities as it may deem necessary or convenient in the exercise of the authority granted hereunder.
The Airport Commission shall have power to fix, change and adjust rates and charges for the furnishing of services, including the furnishing of utility services.
(Added by Ord. 439-96, App. 11/8/96)
SEC. 2A.171. AIRPORT DIRECTOR.
The Airport Director shall hold office at the pleasure of the Commission. The Director shall have full power and authority to administer the affairs of the Commission as the chief executive officer thereof. The Director shall appoint or remove the heads of airport divisions under the Commission's jurisdiction. The heads of airport divisions shall be exempt from the civil service provisions of the Charter; provided, however, that said Director and each division head so appointed possess the necessary executive, administrative and technical qualifications for his respective position.
In addition to the powers and duties conferred upon him or her as elsewhere provided in the Charter, the Airport Director shall have the power and it shall be his or her duty:
(a) To enforce all orders, rules and regulations adopted by the Commission relating to the regulation, operation or control of the funds, facilities, property and equipment of said Commission; and
(b) To supervise and manage the design, construction, maintenance and operation of all work or works authorized by the Commission and to that end, subject to its control and guidance, the Commission shall have the power to delegate to him or her such necessary powers and duties as are by the Charter or this Code conferred upon said Commission.
The Director shall also have the power to designate and assign by written permit lands, improvements, space or areas in any hangar or other building at any airport operated or controlled by the Department at the duly established rates or charges for the use thereof and subject to the applicable rules and regulations governing same. Each such permit shall be revocable by the Director without compensation to the permittee upon due notice to be stated therein.
(Added by Ord. 439-96, App. 11/8/96)
Sec. 2A.172.