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Publication of Budget and Related Documents.
Long-Term Departmental and Agency Budget Planning – Setting Goals and Strategies, Developing Strategic Plans.
Five-Year Financial Plan.
Budget to be Accompanied by Legislation Containing All Proposed Fee and Revenue Increases Anticipated in the Proposed Budget; Complete Schedule of Existing Fees.
Transmission of Proposed Budget, Etc., to Committee; Committee's Return and Report.
Preparation and Submission of Administrative Provisions of Annual Salary Ordinance.
Annual Appropriation Ordinance, Preparation and Format.
Information Concerning Budget Requirements and Related Matters.
Controller to Assist the Mayor and Board in Preparation of Budget.
Departments to Operate Within Amounts Budgeted.
Supplemental Appropriation Ordinances Budget, Modifications.
Interim Positions, Salary Adjustments.
Separate Overtime Appropriations.
Appropriation for Art Enrichment of Proposed Public Buildings, Aboveground Structures, Parks and Transportation Improvement Projects.
Arts Commission Civic Design Review Fee.
Capital Expenditure Plan.
Capital Planning Committee.
Police Department Dignitary Security Budget.
Appropriations for Surveillance Technology.
This Chapter, adopted pursuant to Section 9.100 of the Charter of 1996 shall be known as the Budget Process Ordinance of the City and County of San Francisco.
(Added by Ord. 223-97, App. 6/6/97)
As used in this Chapter 3, names and titles shall have the following meaning:
Agency. A City department, office, or other unit of government subject to the appropriation powers of the Board.
Annual Salary Ordinance. An ordinance showing the number and rates of compensation for all positions continued or created in each annual budget and each annual and supplemental appropriation ordinance for all agencies. The Annual Salary Ordinance shall constitute the legal basis for check by the Department of Human Resources or Controller as to legality of the creation of any position in the City service and the rate of compensation fixed therefor in an approved Memorandum of Understanding with a recorgnized employee group.
Appointing Officer. The head of an agency with the power to appoint, discipline or terminate employees under the supervision or control of that agency head.
Appropriation. Resources or expenditure authority made available by the Mayor and the Board by ordinance to an agency in furtherance of a public or statutory purpose.
Board. The Board of Supervisors.
Budget. The City’s plan of financial operation for a given period of time embodying an estimate of all proposed expenditures and the proposed means of financing them.
Commission. Public body created by Charter or ordinance with the legal authority to appoint or recommend the appointment of a chief executive of the function over which it exerts guidance.
Designated Agency. Each of the following agencies: Assessor/Recorder’s Office; City Attorney’s Office; District Attorney’s Office; Mayor’s Office; Public Defender’s Office; Sheriff’s Office; Treasurer-Tax Collector’s Office; City Administrator’s Office, including Department of Public Works, Department of Technology, and other agencies under the City Administrator’s control; Adult Probation Department; Controller’s Office; Department of Child Support Services; Department of Emergency Management; and Department of Human Resources.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 132-99, File No. 990583, App. 5/28/99; Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
(a) Each year, the Mayor shall provide instructions to all City agencies regarding the Mayor’s requests for the contents of all agencies’ proposed budget submissions for the subsequent fiscal year(s) (“Budget Instructions”). On the same date the Mayor transmits the Budget Instructions to all other agencies, the Mayor shall transmit those instructions to the Clerk of the Board.
(b) Each year beginning on December 1, 2020, after the agencies receive Budget Instructions from the Mayor, there shall be a public meeting, as specified in subsections (b)(1) and (2), concerning each agency’s budget priorities, excluding Designated Agencies, at which members of the public may provide input regarding the budget priorities. The purpose of the meeting shall be to allow for public input into the agency’s budget for the upcoming fiscal year(s) prior to the agency’s preparing and finalizing a proposed budget. Designated Agencies are not required to hold a public meeting under this subsection (b), but each such agency shall provide an alternative method for the public to provide input on its proposed budget priorities, and shall provide a written description of the agency’s proposed budget priorities and a format for public input on the agency’s website.
(1) For agencies subject to the oversight of a commission under the Charter or the Municipal Code, the commission may satisfy this subsection (b) by holding a hearing regarding budget priorities at a regular or special meeting of the commission at least 15 days prior to the commission’s final approval of the agency’s proposed budget. Meetings held under this subsection (b)(1) are subject to the Brown Act and the Sunshine Ordinance.
(2) Agencies that are not subject to the oversight of a commission under the Charter or the Municipal Code shall provide notice of the meeting on the agency’s website, and on the Controller’s budget web page required by Section 3.4, at least 72 hours in advance. The meeting shall be open to the public. All members of the public attending the meeting shall have the opportunity to provide at least two minutes of oral public comments during the meeting and to provide written comments before, during, or after the meeting. Meetings held under this subsection (b)(2) are not subject to the Brown Act or the Sunshine Ordinance.
(3) If the Board or any of its committees holds a hearing regarding an agency’s budget priorities during the period set forth in this subsection (b) and presenting the content required by this subsection, the agency shall be deemed to have satisfied the meeting requirement in this subsection.
(c) By no later than February 14 each year, there shall be a public meeting, as specified in subsections (c)(1) and (2), concerning each agency’s proposed budget. The proposed budget that the agency presents at this meeting shall provide the following information, if applicable to the agency: all agency divisions; budget totals and major changes including new or reduced initiatives and staffing changes; changes in service levels; projected salary savings; and how the agency is meeting budget instruction targets. The purpose of this meeting shall be to allow for public input into the agency’s budget for the upcoming fiscal year(s) prior to the agency’s submission of a proposed budget to the Controller. For agencies required to hold a public meeting under subsection (b), the meeting required under this subsection (c) shall occur at least 15 days after the public meeting required under subsection (b).
(1) For agencies subject to the oversight of a commission under the Charter or the Municipal Code, the commission may satisfy this subsection (c) at a regular or special meeting at which it considers final approval of the agency’s proposed budget. Meetings held under this subsection (c)(1) are subject to the Brown Act and Sunshine Ordinance.
(2) Agencies that are not subject to the oversight of a commission under the Charter or the Municipal Code shall provide notice of the meeting and a draft of the agency’s proposed budget on the agency’s website, and on the Controller’s budget web page required by Section 3.4, at least 72 hours in advance. The meeting shall be open to the public. All members of the public attending the meeting shall have the opportunity to provide at least two minutes of oral public comments during the meeting and to provide written comments before, during, or after the meeting. Meetings held under this subsection (c)(2) are not subject to the Brown Act or the Sunshine Ordinance.
(3) The City Administrator shall hold a separate public meeting under subsection (c)(2) regarding the budget of the Department of Public Works and a separate public meeting under subsection (c)(2) regarding the budget of the Department of Technology. For all other agencies under the direction of the City Administrator, the City Administrator may hold a single public meeting under subsection (c)(2) to receive input on all such agencies or, in the City Administrator’s discretion, may hold separate public meetings to receive input on one or more specific agencies.
(4) If the Board of Supervisors or any of its committees holds a hearing regarding an agency’s proposed budget during the period set forth in this subsection (c) and presenting the content required by this subsection, the agency shall be deemed to have satisfied the meeting requirement in this subsection.
(d) After the issuance of Budget Instructions, but no later than April 1 each year, the Office of the Mayor shall hold at least one meeting open to the public, at which members of the public may provide input on the Mayor’s budget priorities. The Mayor shall provide notice of the meeting and a copy of the Budget Instructions on the Mayor’s website at least 72 hours in advance. Members of the public attending the meeting shall have the opportunity to provide public comment during the meeting and to provide written comments before, during, or after the meeting. Meetings held under this subsection (d) are not subject to the Brown Act or the Sunshine Ordinance.
(e) No later than February 21 each year, each agency shall file with the Controller, for check as to form and completeness, copies of its budget estimate approved in accordance with the provisions of the Charter. The Mayor’s Budget Office shall prescribe a format for all agency budget submissions under this subsection (e).
(f) No later than March 1 each year, the Controller shall consolidate such budget estimates and transmit the same to the Mayor and the Clerk of the Board, together with such other material as the Controller determines is appropriate.
(g) No later than April 30 each year, the Mayor shall prepare and transmit to the Clerk of the Board a detailed description of the Mayor’s budget priorities that the Mayor intends will guide the content of the proposed budgets for the next two fiscal years.
(h) No later than May 1 each year, the Mayor shall transmit to the Board proposed budgets for selected departments, as determined by the Controller, in consultation with the President of the Board, the chair of the committee having jurisdiction over the budget under the Board’s Rules of Order, and the Mayor’s Budget Director. The criteria used by the Controller to determine which budgets will be submitted to the Board by May 1 should include: agencies that are not supported by the City’s general fund or departments that do not rely on the State’s budget submission in May for their revenue sources. The Mayor shall, not later than June 1 each year, transmit to the Board the complete City budget. The complete City budget shall include the proposed Annual Appropriations Ordinance, including the budgets of agencies whose budgets the Mayor did not submit on May 1, estimates of amounts required to meet bond interest and fixed charges, the proposed Annual Salary Ordinance, and the Mayor’s budget message.
(i) The Controller shall, as provided in Section 9.102 of the Charter, review the estimated revenues and assumptions contained in the Mayor’s submission of the budget and provide an opinion regarding the accuracy and reasonableness of the economic assumptions and revenue estimates on or before the tenth working day following submission of the Mayor’s budget to the Board. In addition, the Controller may also recommend to the Board such reserves as the Controller considers prudent given the proposed resources and expenditures contained in the Mayor’s budget.
(j) The committee of the Board then having jurisdiction over the budget according to the Board’s Rules of Order shall review the Mayor’s proposed budget and recommend to the Board an Interim Appropriation and Salary Ordinance which shall reflect the budget transmitted by the Mayor; provided, however, that any funds for equipment, capital improvements, new positions of employment, or any other proposed expenditures may be placed in reserve until released by the Board; and provided, further, that said ordinances shall reflect the rates of compensation established pursuant to Charter Sections A8.403, A8.404, A8.409 and A8.590-1 through A8.590-5.
(k) The Board shall not later than June 30 each year, finally pass the interim appropriation and salary ordinances.
(l) The Board shall not later than July 31 each year, adopt the Annual Appropriations Ordinance and Annual Salary Ordinance.
(m) Not later than September 30 each year, the Board shall adopt by resolution the property tax rate for the City, including amounts required for debt service.
(o) If any date shown in this Section 3.3 falls on a nonbusiness day, the due date shall be the next succeeding business day.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 236-01, File No. 011848, App. 12/7/2001; Ord. 240-02, File No. 021502, App. 12/20/2002; Ord. 80-04, File No. 040411, App. 5/6/2004; Ord. 222-11, File No. 111001, App. 11/15/2011, Eff. 12/15/2011; Ord. 166-13 , File No. 130541, App. 8/2/2013, Eff. 9/1/2013; Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
(a) Beginning March 1, 2020, the Controller shall maintain a website to facilitate public access to documents and schedules related to the budget. The Controller shall provide a mechanism for agencies to post documents and information on the website, including the Mayor’s Budget Instructions; all agencies’ budget submissions; the Mayor’s proposed budget and all accompanying documents; schedules of agency or commission meetings required under Section 3.3; and all documents submitted to the Board by the Mayor, Controller, Budget and Legislative Analyst, or any agency in connection with the Board’s consideration of the budget under Section 3.3 or in connection with the Board’s consideration of supplemental appropriation ordinances. The website shall also include a calendar of deadlines, scheduled public meetings related to the budget, and other important dates related to the consideration and adoption of the budget.
(b) The Controller shall make available the proposed budget transmitted by the Mayor under Section 3.3(g) in a format which allows for the widest possible public understanding of the sources, uses and proposed programs.
(c) Each agency shall include on the home page of the agency’s website a link to the page on the Controller’s website that contains budget documents related to that agency.
The policies resulting from this Section 3.5 are intended to help the Mayor, the Board, the City’s agencies and commissions, the Office of Community Investment and Infrastructure, and the courts, to develop and effect clear policies that will promote the City’s long-term prosperity. So intended, these policies and documents shall not legally bind the Mayor, the Board, or any board, commission, or department to any specific action or course of action beyond their complying with this Section’s requirements.
(a) Mission and Goals Statements.
(1) Each agency shall submit a budget containing documentation which provides the following information:
(A) The overall mission and goals of the agency;
(B) Strategic plans that provide direction towards achieving the agency’s mission and goals;
(C) Identification of policy outcome measures that reflect the mission and goals of the agency and which can be used to gauge progress towards attaining these goals;
(D) The specific programs and activities conducted by the agency to accomplish its mission and goals and the customers or clients served;
(E) The total cost of carrying out each program or activity; and
(F) The appointing officer shall certify the extent to which the agency achieved, exceeded, or failed to meet its missions, goals, productivity and service objectives, during the prior fiscal year.
(b) Development of Strategic Plan. Each agency shall develop and review a strategic plan which contains at least a three-year forward plan to reflect policy outcomes from the operations of the agency, consistent with the then-approved budget. An agency shall be deemed to have satisfied the requirements of this subsection (b) if it has cooperated with the preparation of the City’s most recent Five-Year Financial Plan under Charter Section 9.119 and specifically the preparation of the summary of the agency’s strategic goals, resources allocated in the Plan to meet those goals, and changes in service levels expected given investment levels proposed in the Plan.
(a) By March 1 of each odd-numbered year, the Mayor shall submit to the Board of Supervisors the five-year financial plan required by Charter Section 9.119. The plan shall include an estimated summary budget or baseline projection for the General Fund of the City and County jointly prepared by the Mayor, the Board's Budget Analyst, and the Controller. By May 1 of each odd-numbered year, the Board of Supervisors shall review, amend, and adopt the five-year financial plan by resolution.
(b) By March 1 of each even-numbered year, the Mayor, the Board's Budget Analyst, and the Controller shall submit to the Board an updated estimated summary budget for the remaining four years of the five-year financial plan. By May 1 of each even-numbered year, the Board of Supervisors may review, amend, and adopt by resolution any revisions to the financial plan for the remaining four years.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 222-11, File No. 111001, App. 11/15/2011, Eff. 12/15/2011)
(a) No later than June 1 each year, the Mayor shall transmit to the Board any legislation which, if approved, would enact or submit to the voters fee or revenue increases anticipated in the proposed budget. When a proposed fee or revenue increase requires, by law or agreement, hearings, review or approval by other agencies or parties, and this supplemental review and approval process will not allow the submission of the required legislation in final form by June 1, then the Mayor shall submit the proposed fee or revenue increase to the Board in draft form by June 1, subject to possible modification after June 1 and after the completion of the supplemental review and approval process.
(b) In addition to any other information required by the Mayor or the Board, agencies shall submit with their proposed agency budget a schedule showing each fee charged by said agency, the revenues received from each such fee, except fees regulated by State or federal law, and the costs incurred in providing the services for which the fee is assessed.
(Added by Ord. 338-00, File No. 001963, App. 12/28/2000; repealed by Ord. 222-11, File No. 111001, App. 11/15/2011, Eff. 12/15/2011)
(Added by Ord. 223-97, App. 6/6/97; repealed by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
The proposed budget and appropriation ordinance, the detailed estimate of revenues, the Mayor's message and any accompanying budget submission shall, upon receipt by the Clerk of the Board of Supervisors, be transmitted by him or her directly to the committee of the Board of Supervisors currently having jurisdiction pursuant to the Board's rules of order.
Said committee shall return the proposed budget, annual appropriation ordinance and annual salary ordinance to the Board of Supervisors with its report thereon no later than the fifteenth day of July.
(Added by Ord. 223-97, App. 6/6/97)
(a) The administrative provisions of the Annual Salary Ordinance for each ensuing fiscal year shall be prepared and submitted to the Board not later than June 1 each year by the Department of Human Resources. Upon submission thereof these provisions shall be automatically referred to the committee of the Board then having jurisdiction over review of the annual budget, pursuant to the Board’s Rules of Order.
1 Said committee shall recommend an Annual Salary Ordinance that reflects the rates of compensation established pursuant to Charter Sections A8.403, A8.404, A8.409, A8.590-1 through A8.590-5, and rates of compensation for court personnel, except judges, and shall follow the organizational format of the Annual Appropriation Ordinance.
The Controller shall prepare the Annual Appropriation Ordinance in a format which, to the extent possible, provides adequate controls over the various revenue and expenditure items by programs, departments, and priorities as set forth in the annual budget approved by the Mayor, and is consistent with generally accepted accounting principles and standards as well as the provisions of Charter Section 3.105. The Controller shall revise the Annual Appropriation Ordinance as required to reflect any changes to the budget adopted by the Board or its committees.
It shall be the duty of any committee of the Board of Supervisors having jurisdiction over annual budget review pursuant to the rules of said Board to keep informed at all times of the budget requirements of the several offices and departments of the City and County for the purpose of discharging its duties. For the purpose of assisting said committee to carry out the intent of this Section, upon request, the Controller shall provide the Board of Supervisors with copies of any documents or reports he or she has prepared dealing with the City's financial condition. For the purpose of further assisting such committee to carry out the intent of this Section, it shall have the power, pursuant to the provisions of the Charter, for and on behalf of the Board of Supervisors, to make relevant inquiry to the several offices and departments, and to request from them such reports and information as it deems necessary to assist the committee in said purpose, in strict conformity with all the provisions of the Charter.
(Added by Ord. 223-97, App. 6/6/97)
The Controller is requested to assist the Mayor and Board of Supervisors in the preparation of the copy required in connection with the publication of the proposed budget and to assist the committee of the Board then having jurisdiction over the budget pursuant to the Board's rules with such data, analysis and commentary as may be requested by said committee.
(Added by Ord. 223-97, App. 6/6/97)
It shall be the policy of the Board that all departments and agencies of the City be required to conduct their departmental operations with such moneys as are provided in the various departmental and agency budgets. In conformance with Charter Section 9.115, the appointing officer of each agency shall, within 30 days of the enactment of the annual budget, by letter addressed to the Mayor, the Board, and the Controller, agree that the funding provided is adequate for that agency unless otherwise specifically noted by the appointing officer.
Supplemental budget requests from any agency subsequent to adoption of the annual budget for the current fiscal year shall follow the same process, except for time, as the annual budget process. The appointing authority shall submit the supplemental appropriation request in such detail as the Controller may prescribe for check as to completeness and form and simultaneously deliver a copy to the Mayor’s Budget Office. If any supplemental appropriation ordinance, recommended by any agency subsequent to the adoption of the budget for the current fiscal year and prior to the close thereof, contains any item which has been rejected or reduced by the Mayor in the Mayor’s review of departmental budget estimates for said current or prior fiscal years or which had been rejected or reduced by the Board in its consideration of the Mayor’s proposed budget for said current or prior fiscal years, the fact of such rejection shall be indicated on said supplemental appropriation ordinance, and the ordinance shall require two-thirds vote of the Board for passage.
(a) When, in the opinion of the Director of Human Resources, the duties and responsibilities of a proposed new employment requested in any supplemental appropriation or department budget are not appropriate to any existing City and County position classification, the Director of Human Resources is authorized and directed to establish a new interim classification with an appropriate rate of pay for the balance of the then-current fiscal year. The Director and the Clerk of the Board shall take such actions as may be necessary to amend the Annual Salary Ordinance accordingly.
(b) The Controller is hereby authorized and directed to amend the appropriation ordinance by transferring from any legally available funds amounts required for approved Memoranda of Understanding, arbitration awards and/or judgments which adjust the rate of pay or benefits for any employee or group of employees during any fiscal year. The Controller and the Clerk of the Board shall take such actions as may be necessary to amend the Annual Salary Ordinance accordingly to reflect the revised rates of pay. The Controller shall report the total dollar amount of any amendments made in accordance with this subsection (b) annually to the Mayor, the Board and the Human Resources Director.
(a) The Annual Appropriations Ordinance shall contain a separate appropriation within annual operating funds for overtime for each of the following departments: Airport; Department of Emergency Management; Fire Department; Police Department; Department of Public Health; Public Utilities Commission; Department of Public Works; Recreation and Park Department; and Sheriff.
(b) Any department identified in subsection (a) that proposes to spend more on overtime than the amount so appropriated must first obtain a supplemental appropriation ordinance for that purpose.
(c) Notwithstanding Section 3.18, the Controller shall not transfer any funds previously appropriated to a department identified in subsection (a) for other uses, including salaries, to the department’s overtime appropriation except pursuant to a supplemental appropriation ordinance.
(Former Sec. 3.17 repealed by Ord. 210-06, File No. 060768, App. 8/2/2006)
For material relating to subject matter similar to that of former Sec. 3.17 ("Savings Incentive Account"), see Sec. 10.20 ("Budget Savings Incentive Fund").
For material relating to subject matter similar to that of former Sec. 3.17 ("Savings Incentive Account"), see Sec. 10.20 ("Budget Savings Incentive Fund").
The Controller, upon request of the Mayor, other officials, boards or commissions of the City and County, may transfer any unused balance or portion thereof from previously appropriated funds to augment existing appropriations as long as the transfer is within the same fund and governmental unit. The Controller shall notify the Mayor and the Board of Supervisors of any transfer of funds made pursuant to this section which exceeds 10 percent of the original appropriation to which the transfer is made. No such transfer of funds shall be made to an appropriation which was previously reduced by action of either the Mayor or Board of Supervisors in their review of the budget for the current or prior fiscal year.
(Added by Ord. 223-97, App. 6/6/97)
(a) Art Enrichment Allocation. Before proposing a bond issue or making a request for an appropriation for the construction of any of the projects set forth in Subsection (c) below, the officer, board or commission concerned shall add thereto for the art enrichment of the proposed construction, two percent of the gross estimated construction cost, exclusive of the items proposed for such art enrichment. Where funding eligibility is limited by law or funding agency rules, the art enrichment allocation shall be based upon two percent of eligible construction costs.
If the officer, board or commission concerned determines that two percent of the gross estimated construction cost is inappropriate for art enrichment, such officer, board or commission shall submit its recommendation regarding the art enrichment budget and the basis for its determination to the Arts Commission for the Arts Commission's review. If the officer, board or commission concerned is unable to resolve the matter with the Arts Commission, the matter shall be submitted to the Mayor by the Arts Commission for final determination within 60 days from the date the recommendation is made.
Failure of the Arts Commission to submit the matter to the Mayor for resolution within such time shall be deemed equivalent to the Arts Commission's acceptance of the recommendation made by the officer, board or commission concerned.
(b) Definitions. For purposes of this Section:
"Alteration" of a building, aboveground structure, or transportation improvement project shall include substantial changes to elements such as walls, partitions, or ceilings on 2/3 or more of the total floor space, excluding basements. "Substantial changes" shall include additions to, removal of, and modification of such elements.
"Art Enrichment" shall mean the acquisition and installation of original works of art (including limited editions), or temporary installation, display, or presentation of the same, on City property for aesthetic and cultural enhancement of public buildings and public spaces and engagement of the public with the creative work of artists, as approved by the Arts Commission.
"Civic Art Collection" shall mean the various artworks owned by the City under the jurisdiction of the Arts Commission that are accessioned by Resolution of the Commission into the Civic Art Collection.
"Construction cost" shall mean the total estimated construction contract award amount, including the costs of all built-in fixtures, unless otherwise agreed to by the Arts Commission. "Construction cost" shall not include movable or personal property or construction cost contingency.
"Transportation improvement project" refers to Municipal Railway and Department of Public Works projects which include both aboveground and below-ground transportation-related projects; new boarding ramps; new transit platforms; new terminals and transportation systems with their attendant passenger amenities, such as shelters, seating, lighting, landscaping, and signage; new transportation-related structures such as maintenance and operating facilities; power substations; and street/highway-related transit improvements such as bridges and overpasses.
(c) Application. This Section shall apply to the construction or alteration of the following: (1) a building; (2) an aboveground structure; (3) a new park; or (4) a transportation improvement project.
The requirements of this Section shall also apply to the alteration of a building, aboveground structure, or transportation improvement project.
(d) Exemptions. The following shall be exempt from the requirements of this Section:
(1) Transportation improvement projects limited to rail replacement, rehabilitation or extension of catenary wiring; sidewalk (including curbs and gutters), street paving, repair or improvements; or transit vehicle purchases;
(2) All mechanical, plumbing and electrical system upgrades, structural or seismic upgrades, and modifications for disabled access, unless occurring in conjunction with alteration of a building, an aboveground structure or transportation improvement project;
(3) All park and landscape renovation projects including, but not limited to court resurfacing; landscape renovation or replanting; sewer and water lines; drainage and irrigation systems; wells; erosion control; restrooms; repaving; new paving; stairway repair or replacement; utilities; community gardens; modifications for disabled access; signage; lighting; fence replacement or repair; replacement or repair of existing play structures; natural areas management; modifications to existing parks; and new land uses within existing parks;
(4) Annual CIP funded capital improvements for security/life safety and health deficiencies when not occurring in conjunction with alteration of existing public buildings, aboveground structures, parks and transportation projects which are supported by the General Fund;
(5) Aboveground pipelines and their supports, such as trestles, anchor blocks and saddles; valve lots; power transmission lines and towers; switchyards and substations; and dwellings in watershed areas;
(6) Airfields and Airports Commission equipment; and,
(7) Airports Commission signage when not occurring in conjunction with a larger construction contract subject to this Section.
(e) Administrative Fees. The Arts Commission shall supervise and control the expenditure of all funds appropriated for art enrichment and shall allocate up to 20 percent of said funds for all necessary and reasonable administrative costs incurred in connection therewith unless such administrative fee is limited or prohibited by the funding source.
(f) Aggregation of Funds. When mutually agreed upon by the Arts Commission, the City department from whose capital project the art enrichment allocation was obtained, and any other City department with jurisdiction over a proposed alternative site, and where permitted by the funding source, the Arts Commission shall have the authority to aggregate art enrichment funds for use on an alternative City property.
(g) Maintenance and Conservation Funds. When permitted by the funding source, the Arts Commission may set aside and expend up to ten percent of the total art enrichment allocation for each project for maintenance and conservation of artworks in the Civic Art Collection. If the project has limited public access, or generates funds insufficient to acquire new artwork, or cannot otherwise be used judiciously for that purpose, the Arts Commission may use the entire project Art Enrichment allocation for maintenance and conservation (aggregating or transferring funds as per subsection (f) above). When permitted by the funding source, funds set aside pursuant to this Section shall be invested in an interest-bearing account when the total of such funds set aside exceeds $10,000.
(h) Miscellaneous Provisions.
(1) When a client department suggests a mitigation measure to address any perceived safety concerns relative to any element of the art enrichment, the Arts Commission shall work with the client department to ensure that such mitigation is implemented to the satisfaction of the client, the Arts Commission and the artist, if such safety concern is raised by the client department within 30 days after the element has been presented for review to the client department.
(2) Construction and installation of art enrichment shall comply with the requirements of all applicable building codes, laws, ordinances, rules and regulations.
(3) Nothing in this Section contained shall be construed to limit or abridge the legal powers of the governing boards of the War Memorial, the Fine Arts Museums, the Asian Art Museum or the Port of San Francisco.
(4) Nothing in this Section shall be construed to limit or abridge the jurisdiction of the officer, board or commission of the participating City department to supervise and control the expenditure of project funds other than the two percent allocation for art enrichment.
(5) This amendment shall not be applied retroactively to projects for which an art enrichment allocation previously would not have been required, nor to those projects for which project funding has been approved either by prior voter action or by airport revenue bond sales, but not yet appropriated or expended. Nor shall this ordinance be construed to allow for an increase in the total art enrichment allocation for a project that is already underway or for which the art enrichment allocation has already been established.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 167-14, File No. 140623, App. 7/31/2014, Eff. 8/30/2014)
Any entity, public or private, including any office, department or agency of the City and County of San Francisco requiring the Arts Commission’s civic design review and approval under Charter Section 5.103(1) (“Applicant”) shall pay a fee to the Arts Commission consistent with the provisions of this Section 3.19A. For purposes of this Section, the Arts Commission’s “Civic Design Review” includes approving the designs for all public structures, any private structure that extends over or upon any public property, and any yards, courts, set-backs, or usable open spaces that are an integral part of any such structures. Civic Design Review shall also include review of conceptual designs, site plans, design development and construction drawings for any project subject to the Arts Commission’s Civic Design Review under Charter Section 5.103(1). The Arts Commission shall use any funds collected under this Section solely to defray the costs incurred by the Arts Commission in performing its Civic Design Review functions.
(a) Civic Design Review Base Fee. As of the effective date of the ordinance in Board of Supervisors File No. 180754, an Applicant shall submit a fee of $12,800 to the Arts Commission for each project requiring Civic Design Review under Charter Section 5.103(1).
(b) Annual Adjustment of Fee. Beginning with fiscal year 2019-2020, the fee set forth in subsection (a) may be adjusted each year by the Controller, without further action by the Board of Supervisors, as set forth in the following process.
(1) No later than April 1 of each year, the Director of Cultural Affairs shall report to the Controller:
(A) the revenues generated by the fee for the prior fiscal year;
(B) the costs incurred by the Arts Commission in performance of its Civic Design Review functions for the prior fiscal year; and
(C) any other information that the Controller or the Director of Cultural Affairs determines appropriate to the performance of the functions set forth in this Section 3.19A.
(2) No later than May 15 of each year, the Controller shall determine whether the current fee has produced or is projected to produce sufficient revenue to support the costs of providing the services for which the fee is assessed and that the fee does not or will not produce revenue that exceeds the costs of providing the services for which the fee is assessed.
(3) No later than May 15 of each year, the Controller shall, if necessary, adjust the fee upward or downward for the upcoming fiscal year as appropriate to ensure that the Arts Commission recovers the costs incurred in performing its Civic Design Review functions without producing revenue that exceeds such costs. The adjusted fee shall become operative on July 1 of that same year.
()1 Time for Payment..1 The fee shall be payable at the time of filing an application or request for Civic Design Review of a project. The balance must be paid in full 10 days in advance of the first scheduled public hearing before the Civic Design Review Committee to consider the project. The Arts Commission is not required to schedule review of any project for which an Applicant has failed to pay the Deposit required by this Section 3.19A .
(d) Project Review. Applications or requests for Civic Design Review for multiple structures situated together as part of a larger development plan (a “Campus”) will be considered distinct projects under this Section 3.19A . The Applicant shall pay the then current fee to the Arts Commission for each structure within a Campus requiring the Arts Commission’s civic design review and approval under Charter Section 5.103(1).
((e))1 Refunds. When an application is withdrawn by the Applicant prior to a public hearing, or deemed canceled by the Arts Commission due to inactivity on the part of the Applicant then the Applicant shall be entitled to a refund of the fee paid to the Arts Commission less the cost of time and materials incurred minus a $200 processing fee. Refund requests must be submitted within six months of the project closure date.
(f) Waiver. The Director of Cultural Affairs may waive or reduce the fees required under this Section 3.19A where the Applicant demonstrates in a written application that payment of such fees would present an undue financial hardship on the Applicant and would jeopardize the completion of the project. The Director of Cultural Affairs may also waive or reduce fees for projects of limited scope or Campus projects that include structures of identical form and character.
(Added by Ord. 173-04, File No. 040730, 7/22/2004; Ord. 187-06, File No. 060769, App. 7/21/2006; amended by Ord. 228-18, File No. 180754, App. 10/5/2018, Eff. 11/5/2018)
By March 1 of each odd-numbered year, beginning with March 1, 2013, the City Administrator shall submit to the Mayor and Board of Supervisors a ten-year capital expenditure plan which shall include an assessment of the City's capital infrastructure needs, investments required to meet the needs identified through this assessment, and a plan of finance to fund these investments. By May 1 of the same year, the Mayor and Board of Supervisors shall review, update, amend, and adopt by resolution the ten-year capital expenditure plan. The Mayor and Board of Supervisors may update the plan as necessary and appropriate to reflect the City's priorities, resources, and requirements.
The capital expenditure plan shall include all recommended capital project investments for each year of the plan. The plan shall incorporate all major planned investments to maintain, repair, and improve the condition of the City's capital assets, including but not limited to city streets, sidewalks, parks, and rights-of-way; public transit infrastructure; airport and port; water, sewer, and power utilities; and all City-owned facilities.
The capital expenditure plan shall include a plan of finance for all recommended investments, including proposed uses of General and Enterprise Funds to be spent to meet these requirements. Additionally, the plan shall recommend the use and timing of long-term debt to fund planned capital expenditures, including General Obligation bond measures.
The capital expenditure plan shall include a summary of operating costs and impacts on City operations that are projected to result from capital investments recommended in the plan. This operations review shall include expected changes in the cost and quality of City service delivery.
The plan shall also include a summary and description of projects deferred from the ten-year capital expenditure plan given non-availability of funding necessary to meet assessed capital needs.
(Added by Ord. 216-05, File No. 050920, App. 8/19/2005; amended by Ord. 40-06, File No. 060078, App. 3/10/2006; Ord. 222-11, File No. 111001, App. 11/15/2011, Eff. 12/15/2011)
(Former Sec. 3.20 added by Ord. 223-97, App. 6/6/97; amended by Ord. 55-98, App. 2/20/98; repealed by Ord. 216-05)
There is hereby created a Capital Planning Committee consisting of the City Administrator as chair, the President of the Board of Supervisors, the Mayor's Finance Director, the Controller, the City Planning Director, the Director of Public Works, the Airport Director, the Executive Director of the Municipal Transportation Agency, the General Manager of the Public Utilities System, the General Manager of the Recreation and Parks Department, and the Executive Director of the Port of San Francisco. Each member of the Capital Planning Committee may designate a person to represent her or him as a voting member of the Committee. Such designations shall be in written documents signed by the designating member and filed with the City Administrator, or her or his designee.
The mission of the Capital Planning Committee is to review the proposed capital expenditure plan and to monitor the City's ongoing compliance with the final adopted capital plan. As such, the Capital Planning Committee shall (1) establish prioritization and assessment criteria to assist the City Administrator with the development of the capital expenditure plan, (2) annually review the City Administrator's proposed capital expenditure plan prior to its submission to the Mayor and Board of Supervisors, and (3) review the annual budget and any proposed use of long-term debt, including General Obligation bonds, to ensure compliance with the adopted capital expenditure plan.
The Board of Supervisors shall not place on the ballot, or authorize the issuance of any long term financing, until the Capital Planning Committee completes a review of the proposal and submits its recommendation to the Board of Supervisors. Each proposal shall be in form and substance satisfactory to the Committee, and shall be accompanied by descriptive financial, architectural, and/or engineering data, and all other pertinent material in sufficiently complete detail to permit the Committee to review all aspects of the proposal. The Committee shall submit a written report to the Mayor and the Board analyzing the feasibility, cost, and priority of each proposal relative to the City's capital expenditure plan.
(Added by Ord. 216-05, File No. 050920, App. 8/19/2005)
(Former Sec. 3.21 added by Ord. 223-97, App. 6/6/97; repealed by Ord. 216-05, File No. 050920, App. 8/19/2005)
The annual proposed budget for the Police Department prepared and submitted under Charter Section 4.102, and the annual budget for the City proposed and approved under Article IX of the Charter shall include a line-item appropriation for the Police Department's expenditure of funds to provide security services to City officials and visiting dignitaries.
(Added by Proposition E, Approved 6/8/2010)
(Former Sec. 3.22 added by Ord. 223-97, App. 6/6/97; amended by Ord. 132-99, File No. 990583, App. 5/28/99; repealed by Ord. 216-05, File No. 050920, App. 8/19/2005)
(Added by Ord. 223-97, App. 6/6/97; repealed by Ord. 216-05, File No. 050920, App. 8/19/2005)
(Added by Ord. 223-97, App. 6/6/97; Repealed by Ord. 169-10, File No. 100095, App. 7/23/2010)
(Added by Ord. 223-97, App. 6/6/97; Repealed by Ord. 169-10, File No. 100095, App. 7/23/2010)
1. Various voter-approved provisions of the Charter require the City to set aside portions of the property tax levy or the General Fund for particular purposes or otherwise mandate continuing annual appropriations for specific programs. In addition, voter approved ordinances, although not fiscally binding, also have the same practical effect. This initiative ordinance refers to all these measures, including increases to existing mandates, as "Set-Asides". Only the voters at another election have the authority to change the provisions of these Set-Asides.
2. The City's total revenue for fiscal year 2007-08 was approximately $6.07 billion. But only $2.83 billion of that revenue was General Fund money. And of the General Fund portion of the budget, only approximately $1.11 billion or 18% of the total revenue remained available for discretionary spending for any lawful governmental purpose.
3. While these Set-Asides often individually promote laudable public purposes, collectively they impair the capacity of the Mayor and the Board of Supervisors to carry out one of the most important functions they are elected to perform under the Charter; allocating the City's limited resources to best serve the public interest. The impact of these Set-Asides also has limited the ability of the Mayor and Board of Supervisors to effectively respond to recurring budget deficits, and has led to reductions in important public services due to the declining portion of the budget available for discretionary spending.
(b) Policy Regarding New Set-Aside and Mandatory Expenditures. The voters adopt the following as official policy of the City and County of San Francisco:
1. The voters will not approve the addition to the City Charter of any Set-Aside or other measures that has the effect of limiting the spending discretion of the Mayor and the Board of Supervisors unless the measure adding the new Set-Aside also provides a specific, adequate new source of funds so that the implementation of the Set-Aside will not cause a net decrease in General Fund revenues that the Mayor and Board would otherwise have the discretion to allocate through the budget process. Growth in revenues from existing funding sources shall not be considered a new source of funding for the purpose of this measure.
2. The voters will not approve any annual cost-of-living adjustment or other escalation in the dollar amount of any new Set-Aside that exceeds the amount of the prior year's Set-Aside by more than 2%; and
3. The voters will not approve any new Set-Aside or proposed extension of an existing Set-Aside unless it expires automatically no later than 10 years after the effective date of its adoption.
(Added by Proposition S, 11/4/2008)
(a) For purposes of this Section 3.27, “Department,” “Surveillance Technology,” and “Surveillance Technology Policy” have the meanings set forth in Section 19B.1 of the Administrative Code.
(b) To the extent that a Department seeks funding to acquire Surveillance Technology, the Department shall transmit a Surveillance Technology Policy, approved by the Board of Supervisors in accordance with Chapter 19B of the Administrative Code, with any budget estimate submitted to the Controller in accordance with Section 3.3(a) or 3.15 of the Administrative Code. To the extent the Mayor concurs in the funding request and the Surveillance Technology Policy, the Mayor shall include the Surveillance Technology Policy with the proposed budget submitted to the Board of Supervisors in accordance with Section 3.3(c) or (d) of the Administrative Code, or, in the case of a supplemental appropriation, Section 3.15 of the Administrative Code.
(Added by Ord. 223-97, App. 6/6/97; repealed by Ord. 295-00, File No. 001761, App. 12/22/2000)