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(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. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
(Added by Ord. 338-00, File No. 001963, App. 12/28/2000; repealed by Ord. 222-11, File No. 111001, App. 11/15/2011, Eff. 12/15/2011)
(Added by Ord. 223-97, App. 6/6/97; repealed by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)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.
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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.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
CODIFICATION NOTE
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.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
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.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
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.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
(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.
(Added by Ord. 223-97, App. 6/6/97; amended by Ord. 294-19, File No. 191072, App. 12/20/2019, Eff. 1/20/2020)
(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)
Editor's Note:
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)
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