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CHAPTER 5: COMMITTEES
Article Page I. [RESERVED].... 527 II. [RESERVED].... 537 III. STATE LEGISLATION COMMITTEE.... 547 IV. PEDESTRIAN SAFETY ADVISORY COMMITTEE.... 557 V. BOND OVERSIGHT .... 571 VI. COMMISSION ON THE AGING.... 589 VII. STREET UTILITIES COORDINATING COMMITTEE AND CITIZENS ADVISORY COMMITTEE FOR STREET UTILITY CONSTRUCTION.... 601 VIII. [RESERVED].... 611 IX. [RESERVED].... 621 X. [RESERVED].... 631 XI. VETERANS' AFFAIRS COUNCIL.... 641 XIA. COUNTY VETERANS SERVICE OFFICER.... 653 XII. [RESERVED].... 663 XIII. [RESERVED].... 673 XIV. BICYCLE ADVISORY COMMITTEE.... 683 XV. PUBLIC UTILITIES CITIZEN'S ADVISORY COMMITTEE.... 693 XVI. [RESERVED].... 709 XVII. [RESERVED].... 719 XVIII. GRAFFITI ADVISORY BOARD.... 729 XIX. FAMILY VIOLENCE COUNCIL.... 739 XX. CHILD CARE PLANNING AND ADVISORY COUNCIL.... 757 XXI. IMMIGRANT RIGHTS COMMISSION.... 773 XXII. [RESERVED].... 783 XXIII. [RESERVED].... 793 XXIV. CITY HALL PRESERVATION ADVISORY COMMISSION.... 803 XXV. LIBRARY CITIZENS ADVISORY COMMITTEE.... 813 XXVI. BACK STREETS BUSINESS ADVISORY BOARD.... 823 XXVII. FOSTER CARE IMPROVEMENT TASK FORCE.... 837 ARTICLE I:
[RESERVED]ARTICLE II:
[RESERVED]ARTICLE III:
STATE LEGISLATION COMMITTEESec. 5.5. Created; Consideration of Pending State Legislation.
Sec. 5.6. Duty to Study Proposals and Make Recommendations.
Sec. 5.7. Composition; Chairman.
Sec. 5.8. Meetings.
Sec. 5.9. Report of Proceedings.
Sec. 5.10. Action by Committee in Absence of Action by Board of Supervisors.
Sec. 5.11. Establishment of Policy Without Reference to Committee.
SEC. 5.5. CREATED; CONSIDERATION OF PENDING STATE LEGISLATION.
Any proposal for the enactment of legislation affecting in any way the interests or welfare of the City and County, which is pending before the State Legislature or which may be considered for presentation to the Legislature, shall be initiated by or referred to a committee, hereby created, which shall be designated as the State Legislation Committee of the City and County.
(Ord. No. 8308 (1939), Sec. 1)
SEC. 5.6. DUTY TO STUDY PROPOSALS AND MAKE RECOMMENDATIONS.
It shall be the duty of the State Legislation Committee to study all proposals enumerated in the preceding section and to formulate recommendations for endorsement, opposition or neutrality with respect thereto, as matters of policy of the City and County.
(Ord. No. 8308 (1939), Sec. 2)
SEC. 5.7. COMPOSITION; CHAIRMAN.
The members of the State Legislation Committee shall be the Mayor, who shall act as chair, the City Attorney, two members of the Board of Supervisors to be designated by the President of the Board of Supervisors, the Controller, the Assessor and the Treasurer.
Each of the above-named members may designate a duly authorized representative to attend the meeting in his or her absence.
(Amended by Ord. 245-78, App. 5/26/78; Ord. 278-96, App. 7/3/96)
SEC. 5.8. MEETINGS.
Places, dates and times of meetings of the State Legislation Committee shall be prescribed by the chair.
(Ord. No. 8308 (1939), Sec. 4)
SEC. 5.9. REPORT OF PROCEEDINGS.
A report of the proceedings of each regular or special meeting of the State Legislation Committee and the recommendations made thereat shall be submitted to the Board of Supervisors not later than the next regular business day following such meeting.
(Added by Ord. 245-78, App. 5/26/78)
SEC. 5.10. ACTION BY COMMITTEE IN ABSENCE OF ACTION BY BOARD OF SUPERVISORS.
The Board of Supervisors, by resolution, may take such action upon any recommendation of the State Legislation Committee as it deems necessary or desirable, but in the absence of any such action by the Board of Supervisors, the State Legislative Representative is hereby authorized to take suitable action consonant with any such recommendation of the State Legislation Committee as the policy of the City and County.
(Ord. No. 8308 (1939), Sec. 6)
SEC. 5.11. ESTABLISHMENT OF POLICY WITHOUT REFERENCE TO COMMITTEE.
Nothing contained in this Article shall preclude the Board of Supervisors from establishing policy with respect to any matter of proposed state legislation, without reference to or report from the State Legislation Committee, if in the Board's discretion such reference or report is inadvisable or inexpedient.
(Ord. No. 8308 (1939), Sec. 7)
ARTICLE IV:
PEDESTRIAN SAFETY ADVISORY COMMITTEESec. 5.20. Findings; Establishment and Organization.
Sec. 5.21. Duties of the Committee.
SEC. 5.20. FINDINGS; ESTABLISHMENT AND ORGANIZATION.
(a) The Board of Supervisors finds and declares that it is in the public interest to officially recognize walking as an important component of our transportation system, and as a key component to creating livable and suitable communities. Accordingly, the Board of Supervisors seeks to develop and implement focused policies that encourage pedestrian safety, education, and convenience in transportation and city planning.
Over the past fifty years, many American cities, including San Francisco, have seen a dramatic shift away from pedestrian and public transportation toward a reliance on the private automobile for primary transportation. In that same time period, the City has seen a reduction of its public walkways, pedestrian rights-of-way, and valuable inner-city green spaces.
In San Francisco, as throughout the world, the quality of urban life is being threatened by encroaching environmental actors. San Franciscans also suffer from increasing poor air quality, elevated noise levels, increased traffic congestion, longer trip times, and diminishing public space. These and other factors have led San Francisco to adopt a Transit-First policy favoring public transportation, bicycles, and pedestrian travel over the use of automobiles.
The City's streetscape is similar to many cities and towns in Europe. Narrow streets and interesting destinations combine to make our streets conducive to walking. Encouraging pedestrian presence on our City's streets and sidewalks not only reduces our City's reliance on the automobile, but also helps create communities and neighborhoods that are deemed livable and desirable. Better pedestrian planning and policies will not only serve the approximately 10% of San Franciscans who walk to work on a regular basis, but also all visitors to and residents of San Francisco because each person is a pedestrian at some point in every trip they take.
San Francisco has an unusually high rate of pedestrian injuries for a city its size. In the past five years, nearly 5,000 pedestrians have been injured on city streets, and over 130 people have been killed. Our seniors, youth, and citizens with disabilities are especially at risk for being injured and/or killed in a motor vehicle collision. Nationally, pedestrians account for only 13% of traffic fatalities and 2.2% of traffic injuries. However, in San Francisco, they account for more than half of the motor-vehicle related deaths and about one-third of the hospitalizations and have outnumbered or equaled car occupants in traffic fatalities in San Francisco in nine of the past ten years.
(b) There shall be established a Pedestrian Safety Advisory Committee. This Advisory Committee, composed of concerned and informed residents, will provide a source of expertise on issues concerning pedestrian safety, convenience, ambiance, and planning.
The Advisory Committee shall consist of twenty-three voting members appointed as set forth below.
(1) The Board of Supervisors shall appoint twenty-one members from the following categories:
(a) Two (2) representatives from pedestrian safety organizations;
(b) Two (2) representatives from senior or disability organizations;
(c) One (1) representative from bicycle or other non-motorized wheeled personal transport organizations;
(d) One (1) representative from transit or environmental organizations;
(e) One (1) representative from child advocate or school support organizations;
(f) One (1) representative from a public health organization;
(g) Two (2) at-large representatives.
(h) Eleven (11) persons appointed by individual members of the Board of Supervisors. Each member of the Board shall appoint a representative who resides in his or her district.
(2) The Superintendent of Schools shall appoint two members, one of whom shall be a student and one of whom shall be a parent.
(c) In addition to the twenty-three voting members, the following City departments shall select and send a non-voting representative to Advisory Committee meetings: the Department of Parking and Traffic, the Department of Public Health, the Municipal Railway, the Department of Public Works, the Planning Department, the Police Department, the Recreation and Parks Department, District Attorney's Office, the Mayor's Office on Disability, and any other City departments whose work impacts pedestrians. All City departments, commissions, boards and agencies shall cooperate with the Advisory Committee in conducting its business. The Board of Supervisors also requests that the Transportation Authority, San Francisco Unified School District, the Redevelopment Agency, and the Golden Gate National Park Service assist in the work of the Advisory Committee.
(d) Advisory Committee members shall serve at the pleasure of the appointing authority. In addition, an Advisory Committee member's term shall expire by operation of law upon the issuance by the clerk of the Committee a notification adopted by the Advisory Committee certifying that the member in question has three consecutive unexcused absences from meetings of the Advisory Committee.
(e) The term of each Advisory Committee member shall be two years; provided, however, that the member initially appointed shall, by lot, classify their terms so that half of the members will serve a one year term and half will serve a two year term. In the event a vacancy occurs during the term of office of any member, a successor shall be appointed to complete the unexpired term of office vacated.
(f) At the initial meeting of the Advisory Committee, and annually thereafter, the members of the Advisory Committee shall select a Chair, and any other officers as deemed necessary by the Advisory Committee.
(g) The Advisory Committee shall establish rules for its own organization and procedures and shall meet when necessary as determined by the Advisory Committee. All meetings shall, except as provided by law, be open to the public.
(h) The Advisory Committee shall be supported by the Department of Parking and Traffic to the extent that funding and staff resources permit. The Board of Supervisors urges the Department of Parking and Traffic to include in its proposed budget funds sufficient to cover the cost of mailing, reproduction and other activities needed to complete the work of the Advisory Committee. In addition, an interdepartmental report on pedestrian issues and current projects will be presented to the Advisory Committee on a monthly basis by staff from the Department of Parking and Traffic.
(i) Within six months of the appointment of members of the Advisory Committee as newly constituted by File No. 070082, the Committee shall report to the Board of Supervisors, in writing, as to the number of meetings for which the Advisory Committee has had quorum.
(Added by Ord. 85-02, File No. 012133, App. 6/7/2002; Ord. 127-07, File No. 070082, App. 5/31/2007)
SEC. 5.21. DUTIES OF THE COMMITTEE.
(a) The Pedestrian Safety Advisory Committee shall have the power and duty to:
(1) Create subcommittees as necessary;
(2) Make recommendations to the Board of Supervisors and other City departments, commissions, boards and agencies in order to improve pedestrian safety and ambiance;
(3) Develop concepts and review policies and planning efforts regarding pedestrian improvements including, but not limited to, issues of safety, traffic calming, education, and sidewalk and crosswalk treatments;
(4) Make recommendations on funding opportunities and priorities to the Board of Supervisors, the Municipal Transportation Agency, the Citizens Advisory Committee of the Transportation Authority, and other departments, commissions, boards and agencies;
(5) Review and make recommendations on policies and programs related to pedestrians in the Transportation Element of the Master Plan of the City and County of San Francisco, and make recommendations on the goals and their implementation to the Planning Commission;
(6) Report to the Board of Supervisors on an annual basis, with quarterly appearances before the Board of Supervisors as needed, on statistics on pedestrian injury and fatality statistics, causes of pedestrian injuries and fatalities, recommendations for changes in policies, funding and enforcement, and other pertinent issues;
(7) Support the development of a Pedestrian Master Plan, in conjunction with City agencies and community input, which will offer a comprehensive review of the policies, procedures, practices and physical infrastructure of the City that affect pedestrians, and will also provide recommendations to make walking safer and more convenient through sidewalk improvements, new City policies, educational programs, promotional efforts and transit access.
(Added by Ord. 85-02, File No. 012133, App. 6/7/2002)
ARTICLE V:
BOND OVERSIGHTEditor's note: Sections 5.30 through 5.36 as originally enacted by the electorate in Proposition F on March 5, 2002, were numbered as Sections 5.1 through 5.8. Because the Administrative Code already contained sections with those numbers and because Proposition F itself contained other clerical inconsistencies, the editor has renumbered this article as Sections 5.30 through 5.36 and accordingly revised internal references in the text to the new numbering. Sections 5A.30 through 5A.36, as originally enacted by the electorate in Proposition P on November 5, 2002, were numbered as Sections 5.30 through 5.36. Because this article already contained sections with those numbers, the editor has renumbered the provisions of Proposition P as Sections 5A.30 through 5A.36. and accordingly revised internal references in the text to the new numbering.
Citizens' General Obligation BondOversight Committee
Sec. 5.30. Establishment.
Sec. 5.31. Purpose.
Sec. 5.32. Public Meetings.
Sec. 5.33. Membership.
Sec. 5.34. Waste.
Sec. 5.35. General Obligation Bond Ordinances.
Sec. 5.36. Application.
Public Utilities Revenue BondOversight Committee
Sec. 5A.30. Findings.
Sec. 5A.31. Establishment and Purpose.
Sec. 5A.32. Public Meetings.
Sec. 5A.33. Membership.
Sec. 5A.34. Illegal Expenditures.
Sec. 5A.35. Application.
Sec. 5A.36. Sunset and Severability.
CITIZENS' GENERAL OBLIGATION BOND OVERSIGHT COMMITTEESEC. 5.30. ESTABLISHMENT.
The Board of Supervisors of the City and County of San Francisco (the "Board") shall establish and appoint members to an independent citizens' general obligation bond oversight committee (the "committee"), pursuant to Section 5.32 hereof, prior to issuing any general obligation bonds (the "bonds") subsequent to the effective date of this measure.
(Added by Proposition F, 3/5/2002)
SEC. 5.31. PURPOSE.
(a) The purpose of the committee shall be to inform the public concerning the expenditure of general obligation bond proceeds. The committee shall actively review and report on the expenditure of taxpayers' money in accordance with the voter authorization. The committee shall convene to provide oversight for: (1) ensuring that bond revenues are expended only in accordance with the ballot measure, and (2) ensuring that no funds are used for any administrative salaries or other general governmental operating expenses. unless specifically authorized in the ballot measure for such bonds. The committee has no power to review bond proposals prior to voter approval. Further, the committee shall not participate or interfere in the selection process of any vendor hired to execute bond funded projects.
(b) In furtherance of its purpose, the committee may engage in any of the following activities:
(1) Inquiring into the disbursement and expenditure of the proceeds of bonds approved by voters by receiving any reports, financial statements, correspondence or other documents and materials related to the expenditure of bond funds from agencies that receive proceeds from these bonds.
(2) Holding public hearings to review the disbursement and expenditure of the proceeds of bonds approved by voters.
(3) Inspecting facilities financed with the proceeds of bonds approved by voters.
(4) Receiving and reviewing copies of any capital improvement project proposals or plans developed by the City.
(5) Reviewing efforts by the City to maximize bond proceeds by implementing cost-saving measures, including, but not limited to, all of the following: (i) mechanisms designed to reduce the costs of professional fees and site preparation and design: and (ii) recommendations regarding the joint use of core facilities and use of cost-effective and efficient reusable facility plans.
(6) Commissioning independent review of the disbursement and expenditure of the proceeds of bonds approved by voters by accessing any funds set aside for this purpose under Subsection (c) of this Section to retain outside auditors, inspectors and necessary experts to conduct such independent review.
(c) To the extent permitted by law, each ballot measure shall provide that one-tenth of one percent of the gross proceeds from the proposed bonds be deposited in a fund established by the Controller's Office and appropriated by the Board at the direction of the committee to cover the costs of said committee.
(Added by Proposition F, 3/5/2002)
SEC. 5.32. PUBLIC MEETINGS.
(a) The Board shall, without expending bond funds, provide the committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the committee.
(b) All committee proceedings shall be subject to the California Public Records Act (Section 6254, et seq., of the Government Code of the State of California) and the City's Sunshine Ordinance (Chapter 67 of this Code). The committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the committee and all documents received and reports issued shall be a matter of public record and be made available on the Board's website.
(Added by Proposition F, 3/5/2002)
SEC. 5.33. MEMBERSHIP.
(a) The committee shall consist of at least nine members to be appointed as follows: three members by the Mayor; three by the Board; two members by the Controller; and one member by the Civil Grand Jury. Each member shall serve for a term of two years without compensation and for no more than two consecutive terms.
The members appointed by the Mayor shall be comprised, as follows:
(1) One member shall be active in a business organization representing the business community located within the City.
(2) One member shall be active in a labor organization.
(3) One member shall be active in a community organization.
The members appointed by the Board shall be comprised, as follows:
(1) One member shall be active in a business organization representing the business community located within the City.
(2) One member shall be active in a labor organization.
(3) One member shall be active in a community organization.
The members appointed by the Controller shall be comprised as follows:
(1) One member with expertise in auditing governmental financial statements or with expertise in public finance law.
(2) One member with expertise in construction management.
The member appointed by the Civil Grand Jury shall be a member of the Civil Grand Jury or a designee appointed by the Civil Grand Jury.
(b) No employee or official of the City shall be appointed to the committee. No vendor, contractor, or consultant of the City that performs work funded by bonds issued by the City shall be appointed to the committee.
(Added by Proposition F, 3/5/2002)
SEC. 5.34. WASTE.
If, after reviewing materials provided by an agency, department or other entity (each an "agency") receiving proceeds from the sale of bonds, the committee, after conducting its own independent audit and after consultation with the City Attorney, determines that bond proceeds were spent on purposes not authorized by the ballot measure, the committee may, by majority vote, prohibit the issuance of bonds for any remaining bond authorization.
The committee's decision to prohibit the sale of authorized, unsold bonds may be appealed by the agency to the Board within 30 days. The Board may overturn this decision by a supermajority vote of the members present at the meeting at which the matter is presented.
The prohibition on the issuance of bonds for any remaining bond authorization may be lifted by the Board after the agency provides the committee and the Board with documentation of corrective action satisfactory to the Board.
(Added by Proposition F, 3/5/2002)
SEC. 5.35. GENERAL OBLIGATION BOND ORDINANCES.
All bond ordinances introduced after the effective date of this ordinance shall contain a statement incorporating the provisions of this Ordinance in such bond ordinance.
(Added by Proposition F, 3/5/2002)
SEC. 5.36. APPLICATION.
This Article V shall apply to all general obligation bonds with unexpended proceeds, except for Section 5.31(c) which shall apply only to bond authorizations approved by voters subsequent to the effective date of this Ordinance.
(Added by Proposition F, 3/5/2002)
PUBLIC UTILITIES REVENUE BOND OVERSIGHT COMMITTEESEC. 5A.30. FINDINGS.
The people of the City and County find and declare that:
(a) The City's 100-year-old water, power and clean water public utility infrastructure is suffering from decades of deferred maintenance. The regional water collection and transmission system, stretching from the Tuolumne River headwaters at Hetch Hetchy to the San Francisco County Line, supplies water to the City as well as to 1.7 million residents and businesses in Alameda, Santa Clara and San Mateo Counties. This system is in need of substantial repair and/or replacement. In the event of system failure, the City and its suburban customers could be without water for up to 30 days, with portions of the service area going without water for as long as 60 days. The water distribution and wastewater treatment systems within the City are in a similar state of deterioration, threatening the health and welfare of City residents, visitors and the business community.
(b) Over the past 25 years, funds for upgrading the water collection and power generation facilities of Hetch Hetchy have been in short supply. During this same period, the waste water treatment plants have aged to the point where significant capital improvements are necessary in order for the City to remain in compliance with applicable federal and state water quality regulations.
(c) The San Francisco Public Utilities Commission ("PUC") has never prepared an integrated and coordinated long-term strategic plan consisting of a capital improvement program, a long-range financial plan, an assessment of future utility needs and the evaluation of alternative technologies, private-public partnerships and non-rate payer revenue enhancements. Focusing on short-term planning, the PUC has turned out a series of bond issues, such as Propositions A and B in 1997, which have been promoted to the voters on the basis of broad project generalities. Even within the PUC itself, the list of projects earmarked for specific bond revenues are in a constant state of flux. Projects are frequently delayed and often uncompleted years after funding was approved by the voters.
(d) Over the past 20 years, the PUC has readily consented to the transfer of "surplus" Hetch Hetchy revenues to the City's general fund. Conservatively, these transfers have cost the PUC more than $500 million. During this same period of time, the utility infrastructure deteriorated and rates escalated dramatically.
(e) The PUC estimates that over the next 20 years, the cost of needed capital improvement projects will amount to hundreds of millions of dollars. Although the PUC's capital improvement list undoubtedly contains individual projects that should go forward as soon as practicable, the design, bidding and contract drafting process often takes years to complete. In the absence of long-term strategic planning, individual projects have been frequently delayed and, in some cases, actually abandoned as funding and project priorities unaccountably shifted over time.
(f) The health and welfare of all of the PUC's customers would be promoted by the creation of a qualified body committed to a persistent, vigorous and independent review of the expenditure of revenue bond funds for the PUC's capital improvement program over the next decade. An on-going review of this kind would be of material assistance to both the PUC and the Board of Supervisors ("Board") in ensuring that the program is carried out in compliance with all applicable laws.
(Added by Proposition P, 11/5/2002)
SEC. 5A.31. ESTABLISHMENT AND PURPOSE.
(a) There is hereby established a Public Utilities Revenue Bond Oversight Committee (the "Committee"), which shall have the responsibility of reporting publicly to the Mayor, the PUC and the Board of Supervisors ("Board") regarding the PUC's (or, to the extent allowed by law, any charter entity succeeding to the PUC's authority related to expenditure of revenue bonds) expenditure of revenue bond proceeds on the repair, replacement, upgrading and expansion of the City's water collection, power generation, water distribution and wastewater treatment facilities.
(b) The Committee shall provide oversight to ensure that: (1) The proceeds from revenue bonds authorized by the Board and/or the voters of the City are expended in accordance with the authorizing bond resolution and applicable law; (2) Bond proceeds are expended solely for uses, purposes and projects authorized in the bond resolution; and (3) Revenue bond funds are appropriately expended for authorized capital improvements so that an uninterrupted supply of water and power continues to flow to the City and to the PUC's customers. The Committee may comment to the Board of Supervisors on the development and drafting of proposed legislation pertaining to PUC revenue bonds prior to a Board determination regarding whether to submit a measure for voter approval or authorizing the issuance of revenue bonds, if voter approval is not otherwise required. The Board is not required to accept the Committee's comments or recommendations on such bond proposals. Further, the Committee shall not participate or interfere in the selection process of any vendor hired to execute bond funded projects.
(c) In furtherance of its purpose, the Committee may engage in any of the following activities:
(1) Inquiring into the disbursement and expenditure of the proceeds of PUC revenue bonds authorized and issued in accordance with the San Francisco Charter by receiving any and all reports, financial statements, correspondence or other documents and materials requested by the Committee related to the expenditure of revenue bond funds by the PUC;
(2) Holding public hearings to review the disbursement and expenditure of the proceeds of such revenue bonds;
(3) Inspecting facilities financed with the proceeds of such revenue bonds;
(4) Receiving and reviewing copies of any capital improvement project proposals or plans developed by the PUC related to the City's water, power or wastewater infrastructure and funded by bond proceeds;
(5) Reviewing efforts by the City to maximize bond proceeds by implementing cost-saving measures, including, but not limited to, all of the following: (i) mechanisms designed to reduce the costs of professional, consulting and similar fees and expenses related to site preparation and project design; (ii) recommendations regarding the cost-effective and efficient use of core facilities; (iii) developing and using alternate technologies; and, (iv) accessing other sources of infrastructure funding, excluding bond refunding; and,
(6) Commissioning independent review and evaluation of the disbursement and expenditure of the proceeds of such revenue bonds by accessing any funds set aside for this purpose under Subsection (d) of this Section to retain outside auditors, inspectors and necessary experts to conduct such independent review.
(d) To the extent permitted by law, in accordance with Sections 5A.35(c) and (d) of this Article, from and after the effective date of this Ordinance one-twentieth of one percent of the gross proceeds from each issuance or sale of public utility revenue bonds shall be deposited in a fund established by the Controller's Office and appropriated by the Board at the direction of the Committee to cover the costs of said Committee.
(e) The Board shall, without expending revenue bond funds, provide the Committee with appropriate clerical, technical and administrative assistance in furtherance of its purpose and provide sufficient resources to publicize the conclusions and recommendations of the Committee.
(Added by Proposition P, 11/5/2002)
SEC. 5A.32. PUBLIC MEETINGS.
All Committee proceedings shall be subject to the California Public Records Act (Sections 6250, et seq., of the Government Code of the State of California), the City's Sunshine Ordinance (Chapter 67 of this Code) and the Ralph M. Brown Act (Government Code Sections 54950, et seq.). The Committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the Committee, and all reports issued by the Committee, shall be a matter of public record and made available on the City's website.
(Added by Proposition P, 11/5/2002)
SEC. 5A.33. MEMBERSHIP.
(a) The Committee shall consist of seven members to be appointed as follows: two members by the Mayor; two members by the Board; one member by the Controller; and one member by the governing body of the Bay Area Water Users Association. The seventh member shall be the Budget Analyst for the Board or his/her representative.
(b) At a minimum, the members appointed by the Mayor and the Board shall, individually or collectively, have expertise, skills and experience in economics, the environment, construction and project management. The member appointed by the Controller shall have background and experience in auditing, accounting and project finance.
(c) Except as expressly authorized herein, no current officer or employee of the City shall be appointed to the Committee. All members of the Committee shall be subject to applicable conflict-of-interest provisions of local and state law. No vendor, contractor or consultant of the City that performs work funded by bonds issued by the City shall be appointed to the Committee.
(d) Each Committee member will serve for no more than two consecutive terms. Upon their initial appointment, three members of the Committee shall be assigned by lot an initial term of two years and the remaining four members shall have an initial term of four years. Thereafter, each Committee member shall serve a four-year term.
(e) Each Committee member, except City employees appointed to serve as part of their official City duties and the Budget Analyst or employees of the Budget Analyst, shall be compensated at a rate of $100.00 per month during each year of the member's term of office. Such compensation shall be appropriated by the Board without expending revenue bond funds therefor.
(Added by Proposition P, 11/5/2002)
SEC. 5A.34. ILLEGAL EXPENDITURES.
(a) If, after conducting all appropriate reviews and independent audit of actual expenditures of revenue bond proceeds by the PUC (or, to the extent allowed by law, any charter entity succeeding to the PUC's authority related to expenditure of revenue bonds), the Committee, after consultation with the City Attorney, determines that revenue bond proceeds are being or have been expended for purposes not authorized by the authorizing bond resolution or otherwise amount to an illegal expenditure or illegal waste of such revenue bond proceeds within the meaning of applicable law, the Committee may, by majority vote of all its members, prohibit the further issuance or sale of authorized public utility revenue bonds which have yet to be issued or sold.
(b) A decision by the Committee to prohibit the issuance and sale of authorized but as yet unissued or unsold revenue bonds may be appealed by the PUC to the Board within 30 days of the Committee's decision. By two-thirds vote of all its members, the Board by resolution may overturn the Committee's decision and remand the matter to the Committee for further consideration consistent with the views expressed by the Board in its resolution.
(c) Alternatively, the Committee's prohibition on the issuance or sale of authorized but unissued or unsold revenue bonds may be vacated by two-thirds vote of all the members of the Board, if the PUC, in response to the report of the Committee, provides evidence of corrective measures satisfactory to the Board.
(Added by Proposition P, 11/5/2002)
SEC. 5A.35. APPLICATION.
(a) All public utilities revenue bond authorizations approved either concurrent with or after the effective date of this Ordinance shall be subject to the provisions set forth herein.
(b) All bond authorizations introduced at the Board after the effective date of this Ordinance shall contain a statement incorporating the provisions of this Ordinance in such bond resolution.
(c) The provisions of this Ordinance shall also apply to all PUC public utility revenue bonds authorized, issued or offered for sale after July 1, 2002.
(d) Section 5A.30(d) of this Article shall only apply to PUC revenue bonds authorized after the effective date of this Article.
(Added by Proposition P, 11/5/2002)
SEC. 5A.36. SUNSET AND SEVERABILITY.
(a) Unless the Board by ordinance re-authorizes the provisions of this Ordinance for a specified period of years, the provisions of this Ordinance shall expire on January 1, 2013.
(b) If any part or provision of this Ordinance or its application to any person or circumstance is held invalid for any reason, the remainder of this Ordinance, including its application to other persons or circumstances, shall not be affected by such a holding, and shall continue in force and effect. To this end, the provisions of this Ordinance are severable.
(c) The validity of the authorization and issuance of any bonds is not dependent on and shall not be affected in any way by any failure by the Committee, to act in accordance with the provisions of this Ordinance.
(Added by Proposition P, 11/5/2002)
ARTICLE VI:
COMMISSION ON THE AGINGSec. 5.50. Definitions.
Sec. 5.52. Commission Designated Area Agency on Aging.
Sec. 5.53. Powers and Duties of the Commission.
Sec. 5.54. Advisory Council.
SEC. 5.50. DEFINITIONS.
(a) Commission. The Commission on the Aging.
(b) Council. The Advisory Council.
(c) Member. A member of the Commission on the Aging.
(Added by Ord. 500-80, App. 10/29/80)
SEC. 5.52. COMMISSION DESIGNATED AREA AGENCY ON AGING.
Pursuant to federal law, the Commission is hereby designated the Area Agency on Aging for the City and County of San Francisco.
(Added by Ord. 500-80, App. 10/29/80)
SEC. 5.53. POWERS AND DUTIES OF THE COMMISSION.
In addition to powers under the Charter, the Commission shall have the following powers and duties:
(a) To develop, as the Area Agency on Aging, policy goals for the City and County of San Francisco in the form of an Area Plan as specified by federal regulations. Such plan is to be subject to the review and approval of the Mayor and the Board of Supervisors;
(b) To provide a comprehensive and coordinated service delivery system for senior citizens through the implementation and monitoring of the Area Plan pursuant to federal regulations set forth above by: (1) establishing standards, and (2) assessing services needed, (3) awarding subgrants (4) and providing technical assistance and monitoring of service providers under the plan;
(c) To establish an Advisory Council to advise the Commission in accordance with federal law and regulations;
(d) To serve as advocate and focal point for Senior Citizens' Programs; and
(e) To make an annual report to the Board of Supervisors regarding the accomplishments of the Commission and the Council in terms of service, delivery and coordination and development of senior resources in the City and County of San Francisco.
(Amended by Ord. 248-85, App. 5/23/85)
SEC. 5.54. ADVISORY COUNCIL.
The Commission shall establish an Advisory Council ("Council"), not to exceed 22 members, 11 of whom shall be appointed by the Commission and 11 appointed by the Board of Supervisors. The Council shall be representative of the geographic and ethnic populations of the City and County of San Francisco by districts, which districts shall be determined by the Commission. More than 50 percent of the members of each such group of 11 members shall be persons who are 60 years of age or older. The Council shall include service providers, older persons with the greatest socio and economic need, consumers, and others specified by federal regulation. Council members shall collect all appropriate information in order to provide the Commission with advice in the Commission's decision-making on the needs, assessments, priorities, programs and budgets concerning older San Franciscans.
Pursuant to federal regulations, the Commission shall develop and adopt bylaws for the Council. Such bylaws shall specify the role and functions of the Council, number of members, procedures for selecting members, term of membership, and the frequency of meetings. The Advisory Council shall meet at least 10 times per year. The Council shall be compensated in the same manner as the Commission for the Advisory Council meetings and Commission committee meetings at which they serve.
(Amended by Ord. 248-85, App. 5/23/85) Citizens Advisory Committee for Street Utility Construction
ARTICLE VII:
STREET UTILITIES COORDINATING COMMITTEE AND CITIZENS ADVISORY COMMITTEE FOR STREET UTILITY CONSTRUCTIONSec. 5.60. Street Utilities Coordinating Committee.
Sec. 5.61. Street Utilities Coordinating Committee– Meetings.
Sec. 5.62. Street Utilities Coordinating Committee– Duties.
Sec. 5.63. Street Utilities Coordinating Committee– Subcommittees.
Sec. 5.64. Citizens Advisory Committee for Street Utility Construction.
Sec. 5.65. Citizens Advisory Committee for Street Utility Construction– Meetings.
Sec. 5.66. Citizens Advisory Committee for Street Utility Construction– Duties.
SEC. 5.60. STREET UTILITIES COORDINATING COMMITTEE.
There is hereby established a committee to be known as the Street Utilities Coordinating Committee consisting of the Director of Public Works, who is to act as chair; a representative from the Department of City Planning; a representative from the Citizens Advisory Committee to the Street Utilities Coordinating Committee who shall be selected by the Advisory Committee from those members of the above committee representing citizen input only and not from any utility or City department; and one senior management representative from each of the following: San Francisco Department of Telecommunications and Information Services; San Francisco Water Department; Hetch Hetchy Water and Power System; San Francisco Police Department; Pacific Gas and Electric Company, Gas Division; Pacific Gas and Electric Company, Electric Division; Pacific Telephone Co.; Western Union; and Television Signal Corporation.
(Added by Ord. 273-74, App. 6/6/74; amended by Ord. 317-96, App. 8/8/96; Ord. 192-99, File No. 990879, App. 7/1/99)
SEC. 5.61. STREET UTILITIES COORDINATING COMMITTEE– MEETINGS.
Places, dates and times of meetings shall be as prescribed by the chair.
(Added by Ord. 273-74, App. 6/6/74)
SEC. 5.62. STREET UTILITIES COORDINATING COMMITTEE– DUTIES.
This committee shall be charged with the responsibility of formulating policy as it affects the use of public streets by public and private utilities, such as overall traffic regulations during utility construction or maintenance; utility advance planning, and other means to insure minimum disruption and inconvenience to the general public using the surface of the streets; utility joint trenches; utility tunnels; and condition of trench repairs.
(Added by Ord. 273-74, App. 6/6/74)
SEC. 5.63. STREET UTILITIES COORDINATING COMMITTEE– SUB.
There are hereby established two subcommittees to the Street Utility Coordinating Committee as follows:
(a) Committee for Utility Liaison on Construction and Other Projects (CULCOP). This subcommittee shall consist of staff level personnel from the Bureau of Engineering of the Department of Public Works; San Francisco Department of Telecommunications and Information Services; San Francisco Water Department; Hetch Hetchy Water and Power System; Municipal Railway; San Francisco Fire Department; San Francisco Department of Electricity; San Francisco Redevelopment Agency; Pacific Gas and Electric Company, Gas Division; Pacific Gas and Electric Company, Electric Division; Pacific Telephone Company; Western Union and the Television Signal Corporation. The chair shall be a representative of the Bureau of Engineering as designated by the City Engineer. Meetings shall be monthly at a time and place designated by the chair. The duties of this subcommittee will be to work out scheduling of utility work that is connected with Department of Public Works projects and to plan the utilities undergrounding construction program.
(b) Committee for Planning Utility Construction Program. This subcommittee shall consist of representatives of the Department of Public Works; San Francisco Department of Telecommunications and Information Services; San Francisco Water Department; Hetch Hetchy Water and Power System; San Francisco Police Department; Pacific Gas and Electric Company, Gas Division; Pacific Gas and Electric Company, Electric Division; Pacific Telephone Company; Western Union; and Television Signal Corporation. The chair shall be a representative of the Department of Public Works as designated by the Director of Public Works. Meetings shall be at the call of the chair. This subcommittee shall be responsible for detailed planning of a 12 months construction program of all street utilities, exclusive of Public Works Department projects which are financed wholly or in part by gas tax or ad valorem funds and utilities undergrounding program, including traffic regulations during utility construction or maintenance, and other duties as assigned by the Street Utilities Coordinating Committee. The Director of Public Works shall transmit to private utility companies and to said subcommittee a list of approved gas tax and ad valorem projects, as soon as such projects are approved by the Board of Supervisors.
(Added by Ord. 273-74, App. 6/6/74; amended by Ord. 192-99, File No. 990879, App. 7/1/99).
SEC. 5.64. CITIZENS ADVISORY COMMITTEE FOR STREET UTILITY CONSTRUCTION.
There is hereby established a committee to be known as the Citizens Advisory Committee for Street Utility Construction consisting of 21 members to be appointed by the Mayor as follows: one representative from each of the following: Department of Public Works; San Francisco Department of Telecommunications and Information Services; Police Department; Water Department; Municipal Railway; Pacific Gas and Electric Company, Gas Division; Pacific Gas and Electric Company, Electric Division; Pacific Telephone Company; Western Union; Television Signal Corporation; San Francisco Planning and Urban Renewal Association; Greater San Francisco Chamber of Commerce; San Francisco Council of District Merchants Association; Associated General Contractors of California; organized labor; Downtown Association; and six members selected from neighborhood organizations representing the various neighborhoods within the City. The committee shall elect a chair from the membership thereof. Any member may delegate an alternate within his or her respective organization to represent him or her at any meeting of the committee in the member's absence. Vacancies on the committee shall be filled by the Mayor in the manner herein provided for the appointment of the original members.
(Added by Ord. 273-74, App. 6/6/74; amended by Ord. 278-96, App. 7/3/96; Ord. 192-99, File No. 990879, App. 7/1/99)
SEC. 5.65. CITIZENS ADVISORY COMMITTEE FOR STREET UTILITY CONSTRUCTION– MEETINGS.
Places, dates and times of meetings shall be as prescribed by the chair.
(Added by Ord. 273-74, App. 6/6/74)
SEC. 5.66. CITIZENS ADVISORY COMMITTEE FOR STREET UTILITY CONSTRUCTION– DUTIES.
The duties of the committee shall be to secure citizens' input concerning general problems relating to the use of any digging-up of streets and sidewalks by utility companies or city departments, and to recommend to the Street Utilities Coordinating Committee ways and means to alleviate these problems.
(Added by Ord. 273-74, App. 6/6/74)
ARTICLE VIII:
[RESERVED]ARTICLE IX:
[RESERVED]Sec. 5.90.
(Amended by Ord. 356-82, App. 7/22/82; Ord. 303-90, App. 8/23/90; Ord. 192-99, File No. 990879, App. 7/1/99; repealed by Ord. 118-00, File No. 000478, App. 6/2/2000)
Sec. 5.91.
(Amended by Ord. 151-80, App. 4/18/80; Ord. 192-99, File No. 990879, App. 7/1/99; repealed by Ord. 118-00, File No. 000478, App. 6/2/2000)
ARTICLE X:
[RESERVED]ARTICLE XI:
VETERANS' AFFAIRS COMMISSIONSec. 5.100. Creation of Council.
Sec. 5.101. Purpose.
Sec. 5.102. Membership.
Sec. 5.103. Organization and Terms of Office.
Sec. 5.104. Powers and Duties.
Sec. 5.105. Report.
Sec. 5.106. Meetings.
Sec. 5.107. Rules and Regulations.
SEC. 5.100. CREATION OF COUNCIL.
There is hereby established the Veterans' Affairs Commission (hereinafter Commission) of the City and County of San Francisco.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.101. PURPOSE.
The Veterans' Affairs Commission shall advise directly the Mayor and the Board of Supervisors on all matters affecting veterans of the Armed Forces of the United States of America, on the problems, interests and needs of veterans who are residents of the City and County of San Francisco and on the coordination of economic development, health care, and social services programs as they relate to veterans who are residents of the City and County of San Francisco.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.102. MEMBERSHIP.
The Commission shall consist of 15 members. Eleven of the members shall be appointed by the Board of Supervisors and four of the members shall be appointed by the Mayor as follows:
(a) At least three woman veterans;
(b) A person who served in the Armed Forces of the United States of America and is suffering under a physical disability arising from that service, in accordance with the definitions applied in such cases by the Veterans' Administration.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94; Ord. 224-94, App. 6/9/94; Ord. 97-97, App. 3/21/97)
SEC. 5.103. ORGANIZATION AND TERMS OF OFFICE.
(a) The term of each member of the Commission shall be four years; provided, however, that the members first appointed shall, by lot, classify their terms so that three members shall serve a one-year term, four members shall serve a two-year term, four members shall serve a three-year term and four members shall serve a four-year term. On the expiration of these and successive terms, their successors shall be appointed for a four-year term in a manner similar to that described for the initial members.
(b) In the event a vacancy occurs during the term of office of any member, a successor shall be appointed for the unexpired term of the office vacated in a manner similar to that described for the initial members.
(c) The Commission shall elect a chairperson from among its appointed members. The term of office as chairperson shall be for the calendar year or for the portion thereof remaining after each such chairperson is elected.
(d) Services of the members of the Commission shall be voluntary and members will serve without compensation.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.104. POWERS AND DUTIES.
The Commission shall have the power and duty to:
(a) Hold hearings and submit recommendations to the Board of Supervisors and the Mayor regarding the problems, interests and needs of veterans;
(b) Make recommendations to the Board of Supervisors and the Mayor concerning the coordination of economic development health care and social services programs as they relate to veterans who are residents of the City and County of San Francisco.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.105. REPORT.
The Commission shall render annually a written report of its activities to the Board of Supervisors and the Mayor.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.106. MEETINGS.
The place, date and time of meetings of the Commission shall be prescribed by rule of the Commission; provided, however that the Commission shall hold a regular meeting not less than once every two months. All meetings shall, except as provided by general law, be open to the public.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
SEC. 5.107. RULES AND REGULATIONS.
The Commission shall adopt the necessary rules and regulations for the conduct of its business under this Article.
(Added by Ord. 449-82, App. 9/16/82; amended by Ord. 33-94, App. 1/21/94)
ARTICLE XIA:
COUNTY VETERANS SERVICE OFFICERSec. 5.108.A. Declaration of Purpose of Officer.
Sec. 5.108.A-1. Establishment of the County Veterans Service Officer.
Sec. 5.108.A-2. Powers and Duties.
Sec. 5.108.A-3. Appropriation.
SEC. 5.108.A. DECLARATION OF PURPOSE OF OFFICER.
The County Veterans Service Officer is created for the purposes of assisting veterans in obtaining their federal entitlements, implementing a proactive outreach program and a Veterans Benefits Referral Program. The County Veterans Affairs Officer shall provide "full service" counseling and referral services to the entire community of veterans and the dependents or survivors of veterans of the City and County of San Francisco.
(Added by Ord. 26-93, App. 1/22/93)
SEC. 5.108.A-1. ESTABLISHMENT OF THE COUNTY VETERANS SERVICE OFFICER.
The County Veterans Service Officer is hereby created on the recommendation of the Mayor and the Director of Administrative Services, and is placed under the Director of Administrative Services. The Director of Administrative Services shall recommend for Board of Supervisors approval the qualifications for serving as the County Veterans Service Officer and the compensation for the position. The Director of Administrative Services shall provide said Officer with such assistance and facilities as are necessary to carry out his or her duties. The Director of Administrative Services shall nominate for appointment by the Board of Supervisors candidates who are qualified to serve as the County Veterans Service Officer. Pursuant to California Military and Veterans Code, Section 970, such Officer shall be a veteran.
(Added by Ord. 26-93, App. 1/22/93; amended by Ord. 278-96, App. 7/3/96)
SEC. 5.108.A-2. POWERS AND DUTIES.
The County Veterans Service Officer shall have the following powers and duties:
(a) Administer aid to indigent veterans, pursuant to Section 921 of the California Military and Veterans Code, and investigate all claims, applications, or requests for aid made pursuant to these provisions. The County Veterans Affairs Officer shall provide outreach and services to homeless veterans as its main priority.
(b) Assist every veteran of any war of the United States and the dependents of every such deceased veteran in presenting and pursuing such claim as the veteran may have against the United States, arising out of war service, and in establishing the veteran's right to any privilege, preference, care, or compensation provided for by the laws of the United States or of this State.
(c) Maintain annual records for audit, and shall submit reports in accordance with procedures established by the California Department of Veteran Affairs, and shall permit the Department's representatives to inspect all facilities and records and to examine the performance of services rendered by the County Veterans Service Officer.
(d) Provide to the Board of Supervisors a semiannual report which shall consist of, but not be limited to, the following information: (1) number of indigent veterans served; (2) number of homeless veterans served; (3) amount of federal entitlements obtained; (4) actual savings to the City and County of San Francisco as a result of reductions in General Assistance payments, and any other City and County benefit programs to veterans who qualify for veteran's benefits.
(Added by Ord. 26-93, App. 1/22/93)
SEC. 5.108.A-3. APPROPRIATION.
The Director of Administrative Services shall request the appropriation of funds to compensate the County Veterans Service Officer and to fund other necessary personnel, services, and facilities as may be reasonably necessary to enable the Officer to exercise his or her power and perform duties under this Section.
(Added by Ord. 26-93, App. 1/22/93; amended by Ord. 278-96, App. 7/3/96)
ARTICLE XII:
[RESERVED]ARTICLE XIII:
[RESERVED]Sec. 5.120.
(Added by Ord. 206-99, File No. 991030, App. 7/20/99; amended by Ord. 186-00, File No. 000859, App. 8/11/00; repealed by Ord. 33-04, File No. 030423, App. 3/19/2004)
Sec. 5.121.
(Added by Ord. 206-99, File No. 991030, App. 7/20/99; amended by Ord. 186-00, File No. 000859, App. 8/11/00; repealed by Ord. 33-04, File No. 030423, App. 3/19/2004)
Sec. 122.
(Added by Ord. 206-99, File No. 991030, App. 7/20/99; amended by Ord. 186-00, File No. 000859, App. 8/11/00; repealed by Ord. 33-04, File No. 030423, App. 3/19/2004)
ARTICLE XIV:
BICYCLE ADVISORY COMMITTEESec. 5.130. Bicycle Advisory Committee Established.
Sec. 5.131. Organization and Terms of Office.
Sec. 5.132. Powers and Duties.
SEC. 5.130. BICYCLE ADVISORY COMMITTEE ESTABLISHED.
(a) There shall be established a Bicycle Advisory Committee (hereinafter "Advisory Committee") of the City and County of San Francisco. This Advisory Committee, composed of concerned and informed residents, will provide the best single source of expertise and perspective for transportation planners. Effective planning is the key to reducing reliance on automobiles, and, in turn, the ultimate solution to the broad environmental crisis we presently face.
(b) The Advisory Committee shall consist of 11 voting members appointed by the Board of Supervisors. Each member of the Board of Supervisors shall nominate one person for appointment to the Advisory Commission. The Advisory Committee shall provide information to the Board of Supervisors on the diversity of the Advisory Committee with regard to the age, ethnicity, gender, disability and sexual orientation of its members.
(c) In addition to the 11 voting members, the following City departments will each provide a non-voting representative to attend Advisory Committee meetings: the Police Department, the Department of Public Works, the Municipal Railway, the Department of City Planning, and the Bureau of Engineering of the Department of Parking and Traffic. The Board of Supervisors also requests that the San Francisco Unified School District and the Golden Gate National Recreation Area each be asked to send a non-voting representative to the Advisory Committee.
(Added by Ord. 365-90, App. 11/9/90; amended by Ord. 179-02, File No. 020968, App. 8/29/2002)
SEC. 5.131. ORGANIZATION AND TERMS OF OFFICE.
(a) The term of each member of the Advisory Committee shall be two years or for the tenure of the supervisor who nominated the member, whichever is sorter in duration; provided:
(1) The Board of Supervisors may remove any member of the Advisory Committee for cause at any time; and
(2) The Board of Supervisors may remove any member of the Advisory Committee without cause at any time upon request of the supervisor who nominated the member whose removal is sought.
(b) At the initial meeting of the Advisory Committee, and yearly thereafter, the Advisory Committee members shall select such officers as deemed necessary by the Advisory Committee.
(c) The Advisory Committee shall establish rules and regulations for its own organization and procedures and shall meet when necessary as determined by the Advisory Committee. All meetings shall, except as provided by law, be open to the public.
(Added by Ord. 365-90, App. 11/9/90; amended by Ord. 179-02, File No. 020968, App. 8/29/2002)
SEC. 5.132. POWERS AND DUTIES.
The Advisory Committee shall have the power and duty to:
(a) Set up subcommittees as necessary;
(b) Develop a plan for bicycle-related improvements, including but not limited to bicycle routes, secure parking, and transit interface, and make recommendations to the Parking and Traffic Department, the Transportation Authority, and the Board of Supervisors on related funding from local, State and Federal agencies, including, but not limited to Transportation Development Act funds and Transportation Authority funds;
(c) Review the policies and programs related to bicycling in the Transportation Element of the Master Plan of the City and County of San Francisco, and make recommendations on the goals and their implementation to the Planning Commission of the City and County of San Francisco;
(d) Develop a plan for outreach to, and education of, the public to promote the safe sharing of public roadways, and submit the plan to the Transportation Authority.
(Added by Ord. 365-90, App. 11/9/90)
ARTICLE XV:
PUBLIC UTILITIES CITIZEN'S ADVISORY COMMITTEESec. 5.140. Public Utilities Citizen's Advisory Committee– Establishment and Purpose.
Sec. 5.141. Public Utilities Citizen's Advisory Committee– Membership and Organization.
Sec. 5.142. Reports.
SEC. 5.140. PUBLIC UTILITIES CITIZEN'S ADVISORY COMMITTEE– ESTABLISHMENT AND PURPOSE.
(a) Pursuant to Charter Section 8B.123(B), there is hereby established the Public Utilities Citizen's Advisory Committee for the purpose of providing recommendations to the General Manager of the Public Utilities Commission, the Public Utilities Commission and the Board of Supervisors on the success of the Department in achieving the Goals and Objectives set out in Section 8B.122 of the City Charter (with the exception of 8B.122(a)(2)). At a minimum, these functions will include review of and recommendations for the Public Utilities Commission's long term strategic, financial, and capital improvement plans.
(b) The Wastewater Citizen's Advisory Committee established by Board of Supervisors uncodified Resolution No. 19-73 is hereby abolished.
(c) The Public Utilities Citizen's Advisory Committee is not intended to and shall not duplicate the functions of the Public Utilities Rate Fairness Board or the Public Utilities Revenue Bond Oversight Committee.
(Added by Ord. 58-04, File No. 040193, App. 4/8/2004)
SEC. 5.141. PUBLIC UTILITIES CITIZEN'S ADVISORY COMMITTEE– MEMBERSHIP AND ORGANIZATION.
(a) Membership. There shall be seventeen members of the Public Utilities Citizen's Advisory Committee. Each member of the Board of Supervisors shall appoint one member to the Public Utilities Citizen's Advisory Committee who shall be a resident of the supervisorial district represented by the appointing Supervisor (and the appointee shall remain a resident of the same district in order to continue serving in that seat) and must demonstrate one or more of the following qualifications: representing a community, business, environmental, or environmental justice organization, or with demonstrated knowledge, skill or experience in a field related to public utilities, environmental justice or environmental science. Four members shall be appointed by the Mayor; one member who represents the PUC's regional water customers; one member who represents a large San Francisco water user; one City resident who has demonstrated knowledge of engineering or financial management; and one member who represents a regional or statewide environmental organization. Two members, who shall be residents of the City and County of San Francisco, shall be appointed by the President of the Board of Supervisors; one member who represents a small business in San Francisco and one member who represents an environmental justice organization.
(b) Term. Each member shall be appointed for a four-year term. A member may be reappointed for additional four-year terms. At any time during the term, a member may be removed from the Public Utilities Citizen's Advisory Committee by the then sitting Supervisor of his or her district (if appointed by a Supervisor), or by his or her appointing official. In the event a vacancy occurs during the term of any member, a successor shall be appointed to complete the unexpired term of the office vacated in a manner similar to that which governed the initial appointment of the member.
(c) Compensation and Contracting. Members of the Public Utilities Citizen's Advisory Committee shall not be compensated nor shall they be reimbursed for expenses. Members shall have no authority to enter into contracts on behalf of the City or Public Utilities Commission.
(d) Officers. At the first calendared meeting and thereafter at the beginning of each even-numbered calendar year, the members of the Public Utilities Citizen's Advisory Committee shall elect members to serve as chair, vice-chair, and secretary of the Committee. The chair, or vice-chair, in the absence of the chair, shall be responsible for developing agendas in consultation with the General Manager of the Public Utilities Commission, and conducting meetings. The secretary will be responsible for approving meeting minutes and committee correspondence prior to distribution.
(e) Subcommittees. Subcommittees for each utility operated by the Public Utilities Commission are hereby established to make recommendations to the full Committee on draft plans, policies, programs and other activities related to their respective utilities. The Water Subcommittee shall review water supply system reliability, water conservation, recycling, regional cooperation efforts, and other relevant plans, programs and policies. The Wastewater Subcommittee shall review sewage and stormwater collection, treatment and disposal system replacement, recycling, and other relevant plans, programs, and policies. The Energy Subcommittee shall review power generation and transmission system reliability and improvement programs, including but not limited to facilities siting and alternative energy programs, as well as other relevant plans, programs, and policies. The chair of the Public Utilities Citizen's Advisory Committee shall appoint a chair for each subcommittee, and shall assign members to serve on each subcommittee. The chair, with the approval or at the request of a majority of the members to the Public Utilities Citizen's Advisory Committee, may create additional subcommittees necessary to facilitate review of plans, programs, and policies, in order to fulfill their responsibilities, as stated in Section 5.140(a).
(f) Membership in subcommittees shall be open to interested members of public through a process developed by the subcommittee and adopted by the Citizens' Advisory Committee. Representation on the subcommittees by residents living near PUC facilities shall be encouraged. The subcommittees shall be created and chaired by a member of the Committee as outlined in subsection (e) above.
(g) The Public Utilities Citizen's Advisory Committee may request that the General Manager provide independent review of the Public Utilities Commission's proposals.
(h) Meetings. The chair of the Public Utilities Citizen's Advisory Committee shall arrange for meetings at such times and in such places as the chair and the General Manager of the Public Utilities Commission, or his or her designee, shall mutually designate and in accordance with all requirements of applicable state and local laws, except that the Committee will meet no less than 9 times per 12-month period, unless the Committee and the General Manager agree otherwise. The General Manager shall set the first meeting of the Committee no later than 30 days after the appointment of a quorum of the Committee. The meetings shall be noticed in accordance with the requirements of the Sunshine Ordinance and posted on the Public Utilities Commission's web site. Administrative and clerical functions in support of the Public Utilities Citizen's Advisory Committee shall be provided by the General Manager of the Public Utilities Commission, or his or her designees on approval of funding by the Public Utilities Commission. The chair of the committee shall consult with the General Manager of the Public Utilities Commission, or his or her designee, regarding receipt of reports and data as necessary for the performance of the committee's functions. Meetings of the Committee and subcommittees shall be conducted in accordance, when not in conflict with state and local open meeting laws, with Robert's Rules of Order.
(Added by Ord. 58-04, File No. 040193, App. 4/8/2004)
SEC. 5.142. REPORTS.
At least annually, prior to the scheduled adoption or amendment by the Public Utilities Commission of its long term strategic plans, the Public Utilities Citizen's Advisory Committee shall prepare a report containing its overview of the status of the long term strategic plans and its recommendations regarding any proposed long term strategic plan adoption or amendment, including the strategic goals and objectives and any performance goals set forth in the plan. The report shall be provided to the Clerk of the Board of Supervisors, the General Manager of the Public Utilities Commission and each member of the Public Utilities Commission at least two weeks prior to the Commission's consideration of a long term strategic plan adoption or amendment. Failure of the Citizen's Advisory Committee to timely submit its report shall not require a continuance of the Commission's consideration or action.
In addition, the Committee may, at any time, submit information, reports, or recommendations to the Board of Supervisors, General Manager of the Public Utilities Commission, and each member of the Public Utilities Commission.
(Added by Ord. 58-04, File No. 040193, App. 4/8/2004)
ARTICLE XVI:
[RESERVED]ARTICLE XVII:
[RESERVED]ARTICLE XVIII:
GRAFFITI ADVISORY BOARDSec. 5.170. Graffiti Advisory Board– Established.
Sec. 5.171. Organization.
Sec. 5.172. Purpose and Duties.
Sec. 5.173. Staffing for the Graffiti Task Force.
Sec. 5.174. Compensation.
SEC. 5.170. GRAFFITI ADVISORY BOARD– ESTABLISHED.
(a) There shall be a Graffiti Advisory Board consisting of 25 voting members, as set forth in this section. This Board shall be advisory to the Board of Supervisors about the problem of graffiti in neighborhoods and the downtown area of San Francisco. The Advisory Board shall also advise the Mayor and the Board of Supervisors about graffiti enforcement, cleanup, and prevention strategies.
(b) There shall be 25 voting members of the Graffiti Advisory Board, who shall be appointed as follows:
(1) The Mayor, or his or her designee;
(2) Eleven persons appointed by individual members of the Board of Supervisors to serve a term of two years, at the pleasure of the appointing Supervisor. These appointments shall be effective when written notice of the appointment is received by the Clerk of the Board of Supervisors;
(3) The Board of Supervisors shall appoint the following members, who shall serve a term of two years:
(A) One member representing youth groups who provide services for juveniles involved in alternative programs for graffiti diversion,
(B) One member representing nonprofit organizations who provide services related to the City's beautification and neighborhood cleanup programs,
(C) Two members representing businesses who operate in San Francisco, one of which must be a property owner,
(D) One member representing private schools or art schools who operate in San Francisco, and
(E) One member representing the contracting agency for Municipal Railway shelters.
(4) The following officials and organizations shall each appoint one member to serve on the Advisory Board:
(A) The General Manager of the Municipal Railway,
(B) The Director of Public Works,
(C) The Executive Director of the Department of Parking and Traffic,
(D) The General Manager of the Recreation and Park Department,
(E) The District Attorney,
(F) The Chief of Police, and
(G) The Board of Education of the San Francisco Unified School District may appoint one member. If the Board of Education fails to appoint a member within 60 days of a vacancy, the Board of Supervisors shall appoint a student, teacher, or member of the San Francisco Unified School District academic branch.
(c) The members of the Advisory Board shall be broadly representative of the ethnic, racial, gender, age and sexual orientation diversity of the City and County. All members of the Advisory Board shall be residents of the City and County of San Francisco, in accordance with Section 4.101 of the Charter. In making appointments to the Advisory Board, the appointing authorities shall appoint persons from varying backgrounds who have demonstrated abilities, skills, or experience with youth or addressing blight in neighborhoods.
(Added by Ord. 353-93, App. 11/12/93; Ord. 20-07, File No. 061647, App. 2/9/2007)
SEC. 5.171. ORGANIZATION.
(a) In the event a vacancy occurs, a successor shall be appointed to fill the vacancy consistent with the process and requirements to appoint the previous appointee.
(b) The initial meeting of the Advisory Board shall be called within 30 days from the day the Board of Supervisors completes its initial appointments.
(c) The members of the Advisory Board shall designate the Chair of the Advisory Board.
(Added by Ord. 353-93, App. 11/12/93)
SEC. 5.172. PURPOSE AND DUTIES.
The Graffiti Advisory Board shall have the duty to:
(a) Prepare and submit to the Board of Supervisors and the Mayor a report every six months on graffiti as it affects neighborhoods and the downtown area of San Francisco, which shall include a review and evaluation of the services and programs in place to respond to graffiti, prevention strategies, and recommendations and plans as to a consolidated program of public and private efforts;
(b) Advise about the coordination of information, activities and goals among existing programs funded by the City and County and privately sponsored programs;
(c) Advise about improving the efficiency in the provision of graffiti enforcement, prevention and clean-up services.
(Added by Ord. 353-93, App. 11/12/93)
SEC. 5.173. STAFFING FOR THE GRAFFITI TASK FORCE.
The Department of Public Works shall provide in-kind professional and administrative staff to the Advisory Board.
(Added by Ord. 353-93, App. 11/12/93)
SEC. 5.174. COMPENSATION.
Members of the Task Force shall not be compensated, nor shall they be reimbursed for expenses.
(Added by Ord. 353-93, App. 11/12/93)
ARTICLE XIX:
FAMILY VIOLENCE COUNCIL*------------
Editor's note: Ord. 217-07, File No. 070884, Approved September 21, 2007, amended Art. XIX, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. XIX pertained to the family violence advisory council.
------------
Sec. 5.190. Establishment and Purpose– Family Violence Council.
Sec. 5.190-1. Family Violence Council– Duties.
Sec. 5.190-2. Steering Committee– Composition– Terms of Office.
Sec. 5.190-3. Steering Committee– Duties.
Sec. 5.190-4. Family Violence Council– Composition– Terms of Office.
Sec. 5.190-5. Family Violence Council– Organization.
SEC. 5.190. ESTABLISHMENT AND PURPOSE– FAMILY VIOLENCE COUNCIL.
(a) Establishment. A Family Violence Council for the City and County of San Francisco (referred to hereafter in this Chapter as "Council") is hereby established as an advisory body to the Board of Supervisors. The Council shall consist of representatives from City agencies, community-based organizations, academia, and the medical and business communities. All City departments, commissions, boards and agencies shall cooperate with the Council in conducting its business.
The composition of the Council shall broadly represent the ethnic, racial, gender, age and sexual orientation diversity of the City and County.
(b) Purpose. The Council is established to advise and submit recommendations to the Board of Supervisors that address the problems of family violence. Family violence includes child abuse, domestic violence, and elder/dependent adult abuse. The Council may also advise the courts of the City and County and the Mayor by submitting recommendations to improve the response by these departments to family violence and abuse. The general purpose of the Council shall be the following:
(1) Increase the awareness and understanding of family violence (and its consequences) by establishing a series of roundtables, forums, meetings, or summits that identify, highlight, and discuss critical issues pertaining to family violence so as to broaden understanding of family violence and its causes and consequences among the public, governmental agencies, courts, and community organizations;
(2) Recommend programs and policies that promote communication and coordination of City and community-based organizations' services relating to child abuse, domestic violence, and elder/dependent adult abuse.
(3) Recommend programs, policies and coordination of City services to the Board of Supervisors and Mayor that may reduce the incidence of family violence in San Francisco.
(Ord. 217-07, File No. 070884, App. 9/21/2007)
SEC. 5.190-1. FAMILY VIOLENCE COUNCIL– DUTIES.
The duties of the Council shall be the following:
(1) Recommend effective strategies through which public and private agencies that serve victims of domestic or family violence can identify the existence of family violence;
(2) Recommend methods of providing public education about family violence and abuse;
(3) Facilitate communication between public and private agencies that provide programs for victims of family violence and programs of family violence intervention;
(4) Recommend procedures to improve the cooperation and coordination of public and private agencies with all participants in the justice system who deal with family violence, including procedures for reviewing fatalities resulting from family violence;
(5) Recommend a comprehensive and coordinated plan to collect data about family violence in a manner that protects the identity of victims of family violence, and that would make the data available to the courts, prosecutors, law enforcement officers, and health care practitioners;
(6) Recommend ways of responding in a coordinated manner to family violence by City departments, boards, commissions, agencies, and the courts that would improve responsiveness by the City and prevent family violence.
(7) Collect, compile and analyze public information regarding arrest and restraining order enforcement policies; screening and prosecution of cases; issuances of protective orders; identifying family violence in other legal proceedings; and monitoring offenders after judgment; and other relevant data as needed;
(8) Collect, compile and analyze public information relating to programs for victims of family violence and services provided for abusers on probation;
(9) Analyze current and projected revenue and funding sources and recommend other prospective revenue sources for response to family violence; and
(10) Respond to inquiries of the Board of Supervisors made consistent with the duties imposed by this Ordinance. (Ord. 217-07, File No. 070884, App. 9/21/2007)
SEC. 5.190-2. STEERING COMMITTEE– COMPOSITION– TERMS OF OFFICE.
(a) Composition of Steering Committee. The members of the Steering Committee shall be the three co-chairs of the Family Violence Council, who shall be selected from among the members of the Family Violence Council. One co-chair will be selected from an agency or organization that specializes in domestic violence; one co-chair shall be selected from an agency or organization that specializes in child abuse; and one co-chair shall be selected from an agency or organization that specializes in elder/dependent adult abuse. A representative from the Department on the Status of Women shall provide support to the Steering Committee in scheduling meetings, developing meeting agendas, and performing such other functions as are necessary to promote the work of the Family Violence Council.
(b) Meetings. The Steering Committee shall meet regularly at such times and places as the members of the Committee shall determine.
(c) Rules and Regulations. The Steering Committee may adopt reasonable rules and regulations not inconsistent with the Charter or this Ordinance for the conduct of its affairs and for the distribution and performance of its business.
(Ord. 217-07, File No. 070884, App. 9/21/2007)
SEC. 5.190-3. STEERING COMMITTEE– DUTIES.
The Steering Committee shall serve as the policy setting body of the Council. Duties of the Steering Committee shall include the establishment of the organization and structure of the Council, creation of working groups when necessary to implement the objectives of the Council, and oversight of the operations of the Council.
(Ord. 217-07, File No. 070884, App. 9/21/2007)
SEC. 5.190-4. FAMILY VIOLENCE COUNCIL– COMPOSITION– TERMS OF OFFICE.
(a) Composition. The Family Violence Council shall consist of the following individuals:
(1) Presiding Judge of the Superior Court, or his/her designee;
(2) Mayor, or his or her designee;
(3) President of the Board of Supervisors, or his/her designee;
(4) District Attorney, or his/her designee;
(5) Chief of Police, or his/her designee;
(6) Sheriff, or his or her designee;
(7) President of the Commission on the Status of Women, or his/her designee;
(8) Chief of Adult Probation, or his/her designee;
(9) Chief of Department of Emergency Management, or his/her designee;
(10) Executive Director of the Domestic Violence Consortium, or his/her designee;
(11) Executive Director of Human Service Agency, or his or her designee;
(12) Executive Director of the Consortium for Elder Abuse Prevention, or his/her designee;
(13) Executive Director of the San Francisco Child Abuse Council, or his/her designee;
(14) Director of the Department of Public Health, or his/her designee;
(15) Director of the Department of Adult and Aging Services, or his/her designee;
(16) Director of the Department of Children, Youth, and Their Families, or his/her designee;
(17) Chair of the Consortium of Batterer's Intervention Programs, or his/her designee;
(18) Director of Child Support Services, or his or her designee.
The Steering Committee shall have the authority to appoint up to three at-large members to the Family Violence Council. Each of these members shall serve for a term of one-year at the pleasure of the Steering Committee.
(b) Assistance of the City Attorney. The City Attorney or his or her designee may be requested to provide advice and legal counsel to the Council.
(c) Meetings. The Family Violence Council shall meet at least once a quarter at such times and places as the Council shall designate.
(Ord. 217-07, File No. 070884, App. 9/21/2007)
SEC. 5.190-5. FAMILY VIOLENCE COUNCIL– ORGANIZATION.
(a) Removal of Council Members. If an at-large member of the Council misses three regularly scheduled meetings of the Council in any 12-month period without the express approval of the Council. the Steering Committee may appoint a new at-large member to fill his/her seat on the Council. If a public or private official, or his or her designee, who occupies an ex-officio seat on the Council misses three regularly scheduled meetings of the Council in any 12-month period without the express approval of the Council, the Steering Committee may ask the ex-officio member to designate another individual to occupy that ex-officio seat.
(b) Compensation. Members of the Council shall not be compensated, nor shall they be reimbursed for expenses.
(c) Annual Report. The Council may submit an annual report of its recommendations to the Board of Supervisors and may submit recommendations to the courts and the Mayor. The Council may conclude that the work of the Council has been completed and request the Board of Supervisors to abolish the Council.
(Ord. 217-07, File No. 070884, App. 9/21/2007)
ARTICLE XX:
CHILD CARE PLANNING AND ADVISORY COUNCILSec. 5.200. Child Care Planning and Advisory Council.
SEC. 5.200. CHILD CARE PLANNING AND ADVISORY COUNCIL.
(a) Establishment. Pursuant to California Education Code Section 8499-8499.8, a local Child Care Planning and Advisory Council for the City and County of San Francisco is hereby established. The Department of Children, Youth and Their Families shall provide administrative support for the Council, as specified in a Memorandum of Understanding between the Department and the Council. The Council shall consist of no more than 30 members. Pursuant to Education Code Section 8499.3, the Board of Supervisors shall appoint 15 members, and the Board of Education, or County Superintendent of Schools, if the Board of Education delegates the appointment power to her or him, shall appoint 15 members. Sixteen (16) members shall constitute a quorum of the Council. The affirmative vote of sixteen (16) members shall be required for the approval of any matter. The members shall be broadly representative of the ethnic, racial, gender, age and sexual orientation diversity of the City and County. All members shall be residents of the City and County, in accordance with Section 4.101 of the Charter. In making nominations and appointments, the nominating and appointing authorities shall select persons from varying backgrounds who have demonstrated abilities, expertise, and experience with child care.
(b) Purpose. The Council is established to advise the Board of Supervisors, the Mayor, the San Francisco Children and Families Commission and, with their consent, the Board of Education and the Superintendent of Schools about child care issues. The Council will serve as a representative advisory and planning body to maintain, expand and improve local child care services. The Council will provide links between government and the community, and will work to maximize the amount and impact of local, State, federal and private resources and funding for child care in San Francisco.
(c) Powers and Duties. The Child Care Planning and Advisory Council shall have the following powers and duties:
(1) Upon approval of the Board of Supervisors and the County Superintendent of Schools, to submit to the State Department of Education local priorities for the allocation of state child care funds.
(2) To conduct an assessment of child care needs in San Francisco no less than once every five years. The needs assessment shall comply with all guidelines issued by the State Department of Education and consider, at minimum, the following:
(A) The needs of families eligible for subsidized child care.
(B) The needs of families not eligible for subsidized child care.
(C) The waiting lists for programs funded by the State Department of Education and the State Department of Social Services.
(D) The need for child care for children who have been abused or neglected or are at risk of abuse or neglect.
(E) The number of children receiving public assistance.
(F) Family income among families with preschool or school age children.
(G) The number of children of migrant workers.
(H) The number of children with special needs.
(I) The number of children from all identifiable linguistic and cultural backgrounds.
(J) Special needs based on geographic considerations.
(K) The age of children needing services.
(L) Any other factors deemed appropriate by the Council.
(3) To document information gathered during the needs assessment, which shall include, but need not be limited to, data on supply, demand, cost and market rates for each category of child care in San Francisco.
(4) To prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs and formulate priorities. The Council shall enlist community participation in establishing priorities and shall hold at least one public hearing prior to the development of, or any revisions to, the child care plan, during which members of the public can comment on the proposed priorities and the plan.
(5) To conduct a periodic review of child care programs funded by the State Department of Education and the State Department of Social Services to determine if identified priorities are being met.
(6) To collaborate with subsidized and nonsubsidized child care providers, count welfare departments, and human services agencies, job training programs, employers, integrated child and family service councils, parent organizations, and other interested parties to foster partnerships designed to meet local child care needs.
(7) To design a system to consolidate local child care waiting lists.
(8) To coordinate part-day programs, including state preschool and Head Start, with other child care to provide full-day child care.
(9) To submit the results of the needs assessment and local priorities identified to the Board of Supervisors and the Superintendent of Schools for approval before submitting them to the State Department of Education.
(10) To report to the San Francisco Children and Families First Commission the result of the child care needs assessment, local priorities, the countywide child care plan, and any revisions thereto, the review of any child care programs, and any other reports or information gathered regarding child care in San Francisco.
(11) To review and comment on proposals submitted to the State Department of Education to be provided within San Francisco.
(12) To identify at least one but no more than two members of the Council to serve as part of the State Department of Education team that reviews and scores proposals for the provision of services funded through contracts with the State Department of Education.
(13) To develop and implement a training plan to provide increased efficiency, productivity, and facilitation of Council meetings.
(14) To provide consultation to the State Department of Education and the State Department of Social Services regarding the development of a single application and intake form for all federal and state subsidized child care and development services.
(15) To review and evaluate legislation affecting child care and to suggest or recommend local child care legislation;
(16) To recommend to the Board of Supervisors, the Mayor, the Board of Education, the Superintendent of Schools and State and federal policy makers positions to facilitate the maintenance, expansion and improvement of child care services in San Francisco and to help secure public and private child care resources for same;
(17) To support efforts of the Department of Children, Youth and Their Families to gather, consolidate and disseminate child care information;
(18) To cooperate with, participate in, and make recommendations to other City/County planning and advisory bodies that relate directly or indirectly to delivery of child care services, including but not limited to the Collaborative Planning Committee for Children, Youth and Families;
(19) To advise and support all City/County departments involved in child care services, including but not limited to the Department of Human Services, the Department of Public Health, the Recreation and Park Department and the Library Department;
(20) To provide guidance to all participants in the local child care system, in cooperation with existing public agencies, including the school district, and private agencies and institutions engaged in child care services.
(d) Membership and Organization.
(1) The membership of the Child Care Planning and Advisory Council shall be composed of 20% consumers, 20% child care providers, 20% public agency representatives; 20% community representatives; and 20% discretionary, as required by Education Code Section 8499.3.
(A) "Child care provider" shall mean a person who provides child care services or represents persons who provide child care services.
(B) "Community representative" shall mean a person who represents an agency or business that provides private funding for child care services, or who advocates for child care services through participation in civic or community-based organizations but is not a child care provider and does not represent an agency that contracts with the State Department of Education to provide child care and development services.
(C) "Consumer" shall mean a parent or person who receives, or has received within the past 36 months, child care services.
(D) "Public agency representative" shall mean a person who represents a city, county, city and county, or local education agency.
(2) Members shall be appointed as follows:
(A) The Board of Supervisors shall appoint 11 members representing the following categories, each of whom is nominated by an individual member of the Board of Supervisors:
(i) Consumers: Parents, guardians or caretakers with varied income levels who use child care and/or early education services [two members];
(ii) Child Care providers: Private child care providers including one from a private center, one from a family day care home and one from a Head Start center [three members];
(iii) Discretionary: Public at large [one members];
(iv) Community representatives [five members];
The list of qualified individuals for appointment may include members of the following organizations: parent advisory councils of public and private child care programs; associations of child care centers, family day care providers and Head Start; public interest organizations including but not limited to the Child Care Law Center; community organizations; the Bay Area Employer Work and Family Coalition; and members of labor organizations and local businesses that fall within the definition of "community representative" as described in Subsection(d)(1)(B).
(B) The Board of Supervisors shall permanently assign a seat on the council to the director or his/her designee from each of the following public agencies: the Department of Children, Youth and Their Families, the Department of Human Services, the Recreation and Park Department, and the Office of Community Development [four members];
(3) The Board of Education, or County Superintendent of Schools, if the Board of Education delegates the appointment power to her or him, shall appoint the following 15 members:
(A) Consumers: three clients of publicly subsidized programs, such as CalWORKS and other child care programs funded through the Department of Human Services; one parent, guardian or caretaker of a child enrolled in a San Francisco Unified School District early childhood education program; one parent, guardian or caretaker using an early childhood education program not operated by the San Francisco Unified School District [five members];
(B) Child care providers: one member representing the Children's Centers operated by the San Francisco Unified School District; one member from each of the two local child care resource and referral agencies, Wu Yee Children's Services and Children's Council of San Francisco [three members];
(C) Discretionary: one member from the public at large [one member];
(D) Community representative: a member of an organized educators' group and an additional community representative [two members];
(E) Public agency representative: one representative from each of the following local agencies: San Francisco Department of Public Health; the local district office of Community Care Licensing; a local public educational training institution; the San Francisco Housing Authority [four members];
The list of qualified individuals for appointment may include the following: participants in CalWORKs and Department of Human Services child care programs; representatives of the Department of Public Health; the local district office of Community Care Licensing, United Educators of San Francisco; City College; and San Francisco State University.
(4) The term of each member of the Council shall be for three years, beginning after an initial phase of terms drawn by lot to create staggered expiration of terms. Upon adoption of this ordinance, currently seated members will be grandfathered in as Council members. Initial terms shall, by lot, be designated so that ten members shall serve a two-year term, 10 members shall serve a three-year term, and 10 members shall serve a four-year term. On the expiration of these initial terms, all terms shall be for three years. Any member may be reappointed for one additional consecutive term. Any person serving a term of two years or less shall not be considered having completed one full term, and will therefore remain eligible to serve two complete terms. Persons serving two complete terms will be eligible to serve again after one year of non-service.
(5) Where a member, prior to expiration of his or her term, ceases to retain the status which qualified him or her for appointment to the Council, the membership shall be terminated and there shall be a vacancy on the Council. In the event a vacancy occurs during the term of office of any member, a successor shall be appointed to fill the vacancy for the remainder of the term, consistent with the process and requirements of the previous appointee.
(6) Any member who misses four meetings within a twelve month period, without the approval of the Council, shall be deemed to have resigned from the Council.
(7) The initial meeting of the Council shall be called within 30 days of the day the Board of Supervisors completes its initial appointments.
(8) The members of the Council shall elect a Chair of the Council and shall promulgate such rules or regulations as are necessary for the conduct of its business under this Section.
(e) Compensation. Upon approval by the Council, each member who is not otherwise compensated to attend meetings may receive a stipend of no more than $25 per meeting, not to exceed $600 annually, exclusively from funds provided to the Council by the State of California.
(Added by Ord. 362-95, App. 11/20/95; amended by Ord. 118-99, File No. 990310, App. 5/14/99; Ord. 192-99, File No. 990879, App. 7/1/99; Ord. 31-00, File No. 000109, App. 2/25/2000; Ord. 6-03, File No. 020913, App. 1/31/2003)
ARTICLE XXI:
IMMIGRANT RIGHTS COMMISSIONSec. 5.201. Immigrant Rights Commission.
SEC. 5.201. IMMIGRANT RIGHTS COMMISSION.
(a) Establishment. There shall be established an Immigrant Rights Commission (hereinafter "Commission"). The Commission shall advise and make recommendations to the Board of Supervisors and the Mayor about issues affecting immigrants residing in San Francisco.
(b) Membership. The Commission shall consist of 15 voting members. Eleven members shall be appointed by the Board of Supervisors and the Mayor shall appoint four members. At least eight members shall be immigrants to the United States who are appointed in accordance with Section 4.101 of the Charter. Members appointed to the Commission shall have a demonstrated knowledge of and interest in the health, human service, educational, or employment issues that affect immigrants residing in San Francisco and shall reflect the geographic, ethnic, and sexual orientation populations of San Francisco.
(c) Terms of Office. The term of each member of the Commission shall be two years; provided, however, that the members first appointed shall, by lot, classify their terms so that eight members shall serve a term of three years and seven members shall serve a term of two years. Members shall serve at the pleasure of the appointing authority.
In the event a vacancy occurs during the term of office of any member, a successor shall be appointed to complete the unexpired term of the office vacated in a manner similar to that for the initial member.
At the initial meeting of the Commission and yearly thereafter, the Commission members shall select such officer as deemed necessary by the Commission.
(d) Powers and Duties. The Commission shall have the power and duty to:
(1) Make recommendations to the Board of Supervisors and the Mayor to further involve immigrants in local governmental processes;
(2) Hold at least one public hearing annually to obtain input from the immigrant community about programs, policies, and issues that relate to immigrants who are residents of the City and County, and report recommendations developed from the public hearings to the Board of Supervisors and the Mayor;
(3) Advise the Board of Supervisors and the Mayor on State and federal legislation related to immigrants;
(4) Cooperate with and make recommendations to other City and County departments, agencies, and commissions that administer and enforce regulations relating to health, human services, law enforcement, and human rights that affect immigrants with the aim of improving the coordination of services within the City and County;
(5) Prepare and submit to the Board of Supervisors and the Mayor an annual report on the review and evaluation of the services and programs in place for immigrants residing in San Francisco, any outstanding needs, and recommendations and plans as to a program for responding to the health, human service, and employment needs of immigrants in a manner that is not duplicative;
(6) Develop a plan for outreach to, and education of, the public to increase public awareness of the contributions made by immigrants to the local economy, educational institutions, and other fields in San Francisco, and submit the plan to the Board of Supervisors and the Mayor;
(7) Make recommendations to the Board of Supervisors and the Mayor on the participation of the City and County of San Francisco in publicizing and representing the concerns of immigrants in San Francisco within regional and national efforts to protect the rights of immigrants.
(e) Progress Review. The Commission shall submit a progress report on the execution of its duties to the Board of Supervisors and the Mayor 18 months after the date of adoption of this ordinance. The provisions of this ordinance shall remain in effect unless upon review of the progress report the Board of Supervisors modifies or terminates the Commission.
(Added by Ord. 211-97, App. 6/6/97)
ARTICLE XXII:
[RESERVED]Sec. 5.210.
(Added by Ord. 99-98, App. 3/27/98; repealed by Ord. 57-03, File No. 030042, App. 4/11/2003)
Sec. 5.211.
(Added by Ord. 99-98, App. 3/27/98; repealed by Ord. 57-03, File No. 030042, App. 4/11/2003)
Sec. 5.212.
(Added by Ord. 99-98, App. 3/27/98; repealed by Ord. 57-03, File No. 030042, App. 4/11/2003)
ARTICLE XXIII:
[RESERVED]Sec. 5.230.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.231.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.232.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.233.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.234.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.235.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.236.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.237.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.238.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Sec. 5.239.
(Added by Ord. 21-01, File No. 002106, App. 2/16/2001; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
ARTICLE XXIV:
CITY HALL PRESERVATION ADVISORY COMMISSIONSec. 5.240. Establishment and Purpose.
Sec. 5.241. Membership and Organization.
Sec. 5.242. Duties of the Commission.
Sec. 5.243. Referral to the Commission.
Sec. 5.244. Standards for Preservation and Restoration.
SEC. 5.240. ESTABLISHMENT AND PURPOSE.
There shall be established a City Hall Preservation Advisory Commission for the purpose of ensuring that City Hall is maintained and preserved in a manner befitting its historic and architectural significance. San Francisco's City Hall is maintained and preserved in a manner befitting its historic and architectural significance. San Francisco's City Hall is a national landmark and a valued legacy to the people of this City. After its completion in 1915, it suffered a process of gradual alteration and degradation until the Loma Prieta earthquake of 1989 forced its temporary closure. Inadequate repair and maintenance contributed to the decline. Between 1989 and 2000, in addition to earthquake retrofitting, the City did extensive work to repair and refurbish City Hall and to reverse many alterations which had compromised the building's historical integrity. This Commission is intended to be an advisory body responsible for ensuring that the building's historical character and beauty are preserved henceforth and that the facilities are maintained according to the highest standard and not allowed to fall into disrepair.
(Added by Ord. 40-04, File No. 031937, App. 3/20/2004)
SEC. 5.241. MEMBERSHIP AND ORGANIZATION.
(a) The Commission shall consist of five members appointed by the Mayor, and confirmed by a majority vote of the Board of Supervisors and serving at his or her pleasure. The Mayor shall designate three of his or her initial appointments to serve for two-year terms and two for four-year terms. Thereafter, all members shall serve for four-year terms. The terms are to commence on the date of the first meeting of the Commission, which may not occur until all five members have been appointed.
(b) At least one member of the Commission shall have documented expertise in the area of building maintenance and repair. At least one member shall have documented expertise in the area of historic building preservation. At least one member shall have documented expertise in the history of City Hall.
(c) Vacancies shall be filled by the Mayor, and confirmed by the Board, for the remainder of the term. The Commission shall, at is initial meeting and annually thereafter, elect one of its members to chair the Commission.
(d) Services of the members of the Commission shall be voluntary and members will serve without compensation.
(e) The Director of Administrative Services, or his/her designee, shall attend meetings of the Commission and provide staff support.
(Added by Ord. 40-04, File No. 031937, App. 3/20/2004)
SEC. 5.242. DUTIES OF THE COMMISSION.
The Commission shall have the following duties.
(a) Conduct meetings as necessary, but not less than once monthly;
(b) Conduct public hearings and advise the Mayor, the Board of Supervisors, the Planning Commission, the Landmarks Preservation Advisory Board, and the Director of Administrative Services, as appropriate, on the following matters:
(1) budgetary issues related to the operation, maintenance, repair and preservation of City Hall;
(2) requests for use, modification, or alteration of City Hall facilities;
(3) maintenance and operation of City Hall consistent with its stature and dignity as a national landmark and as the seat of City government;
(4) displays of historical significance in the South Light Court and in other areas of City Hall;
(5) improvements and acquisitions which would enhance the historical character of City Hall;
(6) any other matter affecting the use, operation or maintenance of City Hall.
(c) Solicit donations to the City for the benefit of City Hall; both of a financial nature as well as of artworks and historically significant artifacts which would be appropriate for display. Any such gifts shall be subject to the applicable approval and acceptance processes as set forth in the Charter.
(d) Keep records of acquisitions, donations, modifications, major repairs and Commission recommendations and compile an annual report to be submitted to the Mayor and the Board of Supervisors.
(Added by Ord. 40-04, File No. 031937, App. 3/20/2004)
SEC. 5.243. REFERRAL TO THE COMMISSION.
(a) The Director of Administrative Services shall promptly notify the Commission and provide opportunity for comment before he or she adopts policies or procedures affecting the operation or maintenance of City Hall, and before he or she makes or approves alterations to City Hall.
(b) The secretary of the Landmarks Preservation Advisory Board shall notify the Commission within ten days of receipt of an application for a Certificate of Appropriateness affecting City Hall. The secretary shall provide all relevant information, including the date and time of the hearing. Any recommendations which the Commission makes shall be included in the record of the application by the Landmarks Preservation Advisory Board.
(Added by Ord. 40-04, File No. 031937, App. 3/20/2004)
SEC. 5.244. STANDARDS FOR PRESERVATION AND RESTORATION.
In carrying out its duties, the Commission shall be guided by accepted standards for restoration, preservation, and maintenance of historic structures, including, where applicable and feasible, standards for historic preservation, maintenance, recordation, and documentation of landmarks promulgated by the United States Department of the Interior or its successor.
(Added by Ord. 40-04, File No. 031937, App. 3/20/2004)
ARTICLE XXV:
LIBRARY CITIZENS ADVISORY COMMITTEESec. 5.250. Library Citizens Advisory Committee.
SEC. 5.250. LIBRARY CITIZENS ADVISORY COMMITTEE.
(a) Establishment of Committee. There is hereby established a Library Citizens Advisory Committee ("Committee").
(b) Committee Membership. The Committee shall consist of seventeen (17) voting members. Each member of the Board of Supervisors shall appoint one member to the Committee and may give preference to individuals residing in his or her respective Supervisorial District. The Board of Supervisors shall appoint an additional three (3) members to the Committee from the community at large, subject to the following requirements: one appointee shall be representative of senior citizens, one appointee shall be representative of New Americans for whom English is a second language and one appointee shall be representative of youth and children who shall be between the ages of thirteen and twenty-three at the time of appointment. The City Librarian shall appoint three (3) members to the Committee, subject to the following requirements: one appointee shall represent the interests of the San Francisco United School District and/or public education in San Francisco, one appointee shall represent the interest of technology and/or user privacy, and one appointee shall represent the interests of the disabled community. The initial terms of office shall begin 60 days after enactment of this Ordinance. Each Committee member shall serve at the pleasure of his or her respective appointing authority and that authority's successors.
The Committee shall consist of individuals who reside in San Francisco, use the facilities and services of the San Francisco Public Library ("Library") System, and are library cardholders in good standing. Appointments to the Committee by the Board of Supervisors shall not consist of individuals who are currently members of the Library Commission or full-time employees of the Library. In addition, appointments to the Committee by the Board of Supervisors shall not consist of any individuals who are currently members of the Council for Neighborhood Libraries or any advisory body created by the initiative of a member of the Library Commission or the City Librarian. Appointments to the Committee by the City Librarian may, at the City Librarian's sole discretion, include members of the Library Commission, Council for Neighborhood Libraries, Library advisory groups or Library employees. In making appointments, members of the Board of Supervisors shall take into consideration City policy that the members of all boards, commissions and committees represent the diversity of race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability and place of birth of the people of the City and County.
(c) Term of Office. Members shall serve a term of two years. Members shall conduct the first meeting of the Commission within thirty days of the appointment of a quorum of the members.
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 consecutive regularly scheduled meetings of the Committee 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 regarding:
(1) The expenditure of Library bond monies;
(2) The implementation and prioritization of Library plans and programs; and
(3) The efficiency and scope of Library operations and services to the public.
(g) Reporting Requirements. The Committee shall take minutes of its regular and special meetings and shall submit copies of Committee-approved minutes to the Board of Supervisors on a quarterly basis. Where the Committee identifies areas that it concludes may require changes or improvements, the Committee shall recommend appropriate action to be taken by the Board of Supervisors. The Committee shall submit to the Board of Supervisors and to the Library Commission a written report, by June 30 of each year, summarizing its findings and recommendations.
(h) Officers. At the initial meeting of the Committee, the Committee members shall select such officers as it deems necessary.
(i) Meetings. The Committee shall meet at least quarterly. All meetings of the Committee, except as provided by applicable laws, shall be open to the public.
(j) 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 procedures that are consistent with the Sunshine Ordinance and other laws governing the conduct of public meetings.
(k) Sunset Clause. The provisions of this ordinance and the operation of the Committee shall expire on March 1, 2007, unless otherwise extended by resolution.
(Added by Ord. 94-04, File No. 020585, App. 5/27/2004)
ARTICLE XXVI:
BACK STREETS BUSINESS ADVISORY BOARDSec. 5.260. Findings and Purpose.
Sec. 5.261. Definitions.
Sec. 5.262. Establishment and Composition of Advisory Board.
Sec. 5.263. Operations of Advisory Board.
Sec. 5.264. Duties of Advisory Board.
Sec. 5.265. Sunset Provision.
SEC. 5.260. FINDINGS AND PURPOSE.
(a) It is in the public interest to recognize Back Streets businesses as an important component of San Francisco's economic base. Accordingly, the City seeks to develop and implement focused policies and programs that encourage the retention and expansion of Back Streets businesses. This effort is consistent with and furthers the Commerce and Industry Element of the General Plan, which calls for a balanced local economy where good paying jobs are available to the widest breach of the San Francisco labor force.
(b) Back Streets businesses such as printing services, restaurant supply, and janitorial services provide vital support services to San Francisco's leading industries. Moreover, because they are strategically located near the City's major areas of business and commerce and near major freeway corridors, Back Streets businesses provide support services to leading downtown and regional businesses and industries in a timely and cost-efficient manner.
(c) Back Streets businesses are a key element in ensuring employment opportunities to all San Franciscans. Back Streets businesses pay higher wages and offer entry-level workers more opportunity for advancement than service sector employment, and are an important source of employment for people of all skill and educational levels. Back Streets businesses provide important employment opportunities for new immigrants, including those for whom English is a second language. Studies have shown that the loss of Back Streets jobs has a disproportionate impact on minorities and immigrants.
(d) Back Streets businesses generate substantial tax revenue each year that helps to fund vital City services.
(e) Back Streets businesses are a stable sector of the City's economic base and support the economy when other sectors experience slowed growth or decline. A sustainable San Francisco economy depends on a diverse economic base.
(f) The economic importance of Back Streets businesses to cities like San Francisco is demonstrated by an independent analysis of Boston's Back Streets businesses, which found that such businesses provided one-fifth of the City's jobs, were mostly held by City residents, and generated approximately $30 million annually in City tax revenue.
(g) The continuing importance of Back Streets businesses to San Francisco is highlighted by the projection of the Association of Bay Area Governments (ABAG) that there will be approximately 18,000 new Back Streets jobs created in San Francisco from 2000 to 2025.
(h) Back Streets businesses have needs distinct from other businesses, including building sizes and types, transportation access, financing, and workforce training, and require economic development programs specific to those needs. Back Streets businesses in San Francisco have heretofore lacked an institutional advocate in City government that is focused on their distinct needs and that is designed to assist them in accessing economic development support channels in City government and remaining competitive in San Francisco.