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(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.
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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)
CODIFICATION NOTE
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)
(a) Findings.
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)
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