ARTICLE XVI:
MISCELLANEOUS PROVISIONS

Sec. 16.101.	Acquisition of Public Utilities.
Sec. 16.103.	Utility Revenues and Expenditures.
Sec. 16.104.	Airport Revenue Fund.
Sec. 16.105.	California Academy of Sciences.
Sec. 16.106.	Cultural, Educational and Recreational Appropriations.
Sec. 16.107.	Park, Recreation and Open Space Fund.
Sec. 16.108.	Children and Youth Fund.
Sec. 16.108-1.	Children, Youth and Their Families Oversight and Advisory Committee.
Sec. 16.109.	Library Preservation Fund.
Sec. 16.110.	Housing Trust Fund.
Sec. 16.111.	Franchises.
Sec. 16.112.	Citizen Participation; Public Notices, Hearings and Access to Public Documents.
Sec. 16.113.	Severability.
Sec. 16.114.	Powers of Inquiry and Review.
Sec. 16.115.	Heading and Captions.
Sec. 16.116.	Appendix A – Employment Provisions.
Sec. 16.117.	Appendix B – Port Agreements.
Sec. 16.118.	Appendix C – Ethics Provisions.
Sec. 16.119.	Appendix D – Building Inspection Provisions.
Sec. 16.120.	Customer Service Plan.
Sec. 16.122.	Right to Vote on Any Project that Would Place 100 Acres or More of Fill in San Francisco Bay.
Sec. 16.123.	Civilian Positions within the Police Department.
[The Public Education Enrichment Fund Amendment of 2014]
Sec. 16.123-1.	Public Education Enrichment Fund; Preamble.
Sec. 16.123-2.	Public Education Enrichment Fund.
Sec. 16.123-3.	Arts, Music, Sports, and Library Programs.
Sec. 16.123-4.	Universal Access to Early Education.
Sec. 16.123-5.	Direct Financial Support for the San Francisco Unified School District.
Sec. 16.123-6.	Expenditure Plans.
Sec. 16.123-8.	Adjustments.
Sec. 16.123-9.	State Redistribution of Local Education Revenues.
Sec. 16.123-10.	Sunset.
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Sec. 16.124.	Board of Supervisors Authorized to Respond to Certain Orders or Requests for the Production of City Records.
Sec. 16.125.	Domestic Partnership.
Our Children, Our Families Council
Sec. 16.127-1.	Our Children, Our Families Initiative and Council; Preamble.
Sec. 16.127-2.	Our Children, Our Families Council; Creation.
Sec. 16.127-3.	Our Children, Our Families Council; Purpose.
Sec. 16.127-4.	Our Children, Our Families Council; Composition.
Sec. 16.127-5.	Our Children, Our Families Council; Responsibilities.
Sec. 16.127-6.	Our Children, Our Families Council; Staffing.
Sec. 16.127-7.	Our Children, Our Families Council; Implementation.
Sec. 16.127-8.	Role of the Our Children, Our Families Initiative.
Sec. 16.127-9.	Responsibilities of the Our Children, Our Families Initiative.
Sec. 16.127.10.	Budget Review Process.
Sec. 16.127-11.	Our Children, Our Families Initiative; General Fund Expenditures.
Sec. 16.127-12.	Transfer of Duties to Initiative.
[Dignity Fund]
Sec. 16.128-1.	Dignity Fund; Preamble.
Sec. 16.128-2.	Goals of the Dignity Fund.
Sec. 16.128-3.	Annual Contributions to the Fund.
Sec. 16.128-4.	Eligible Services.
Sec. 16.128-5.	Excluded Services.
Sec. 16.128-6.	Planning Cycle.
Sec. 16.128-7.	Evaluation.
Sec. 16.128-8.	Selection of Contractors.
Sec. 16.128-9.	Implementation.
Sec. 16.128-10.	Effect of Procedural Errors.
Sec. 16.128-11.	Advisory Committee.
Sec. 16.128-12.	Sunset.
Sec. 16.128-13.	Conforming Amendments.
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Sec. 16.129.	Street Tree Maintenance.
Sec. 16.130.	Privacy First Policy.
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Sec. 16.131.	Student Success Fund.
Sec. 16.132.	Affordable Housing Opportunity Fund for Seniors, Families, and People with Disabilities.
Sec. 16.133.	Discretionary Appropriations to the San Francisco Unified School District; Data Sharing Agreement.

 

SEC. 16.100. RESERVED.

Editor's Note:
   Former Sec. 16.100 was redesignated as Sec. 8A.114 by Proposition A, approved November 6, 2007.

SEC. 16.101. ACQUISITION OF PUBLIC UTILITIES.

   It is the declared purpose and intention of the people of the City and County, when public interest and necessity demand, that public utilities shall be gradually acquired and ultimately owned by the City and County. Whenever the Board of Supervisors, as provided in Sections 9.106, 9.107 and 9.108 of this Charter, shall determine that the public interest or necessity demands the acquisition, construction or completion of any public utility or utilities by the City and County, or whenever the electors shall petition the Board of Supervisors, as provided in Sections 9.110 and 14.101 of this Charter, for the acquisition of any public utility or utilities, the Supervisors must procure a report from the Public Utilities Commission thereon.

SEC. 16.102. RESERVED.

Editor's Note:
   Former Sec.16.102 was redesignated as Sec. 8A.115 by Proposition A, approved November 6, 2007.

SEC. 16.103. UTILITY REVENUES AND EXPENDITURES.

   (a)   Receipts from each utility operated by the Public Utilities Commission shall be paid into the City and County treasury and maintained in a separate fund for each such utility. Appropriations from such funds shall be made for the following purposes for each such utility in the order named:

      1.   For the payment of operating expenses, pension charges and proportionate payments to such compensation and other insurance and accident reserve funds as the Commission may establish or the Board of Supervisors may require;

      2.   For repairs and maintenance;

      3.   For reconstruction and replacements as hereinafter described;

      4.   For the payment of interest and sinking funds on the bonds issued by the Public Utilities Commission pursuant to this charter;

      5.   For extensions and improvements; and

      6.   For a surplus fund.

      For any utility with outstanding bonds for which the indenture requires different payment priorities, the bond priorities will control over the priorities set forth in this section.

   (b)   For the purpose of providing funds for reconstruction and replacements due to physical and functional depreciation of each of the utilities under the jurisdiction of the Commission, the Commission must create and maintain a reconstruction and replacement fund for each such utility, sufficient for the purposes mentioned in this section, and in accordance with an established practice for utilities of similar character, which shall be the basis for the amount necessary to be appropriated annually to provide for said reconstruction and replacements.

   (c)   If, at the end of any fiscal year, the Controller certifies that excess surplus funds of a utility exist, from hydropower assets or water or clean water assets in excess of 25 percent of the total expenditures of such utility in the previous fiscal year for costs of operation, repair, maintenance and debt service coverage and required debt service reserves, the Public Utilities Commission may transfer that surplus revenue, in whole or in part, to any other utility system under the Commission's jurisdiction on the operative date of this section.

   (d)   Any surplus revenue which the Public Utilities Commission unanimously finds is not required for utility purposes pursuant to sections (a) and (b) of this section may be transferred to the General Fund by the Public Utilities Commission with the concurrence of three-fourths of the Board of Supervisors upon making all of the following findings of fact and judgment:

      (a)   That a surplus exists or is projected to exist after meeting the requirements of this section;

      (b)   That there is no unfunded operating or capital program or required reserve that by its lack of funding could jeopardize bond ratings, health, safety, water supply or power production;

      (c)   That there is no reasonably foreseeable operating contingency that cannot be funded without General Fund subsidy; and

      (d)   That such a transfer of funds in all other respects reflects prudent utility practice.

      The Commission shall make such findings having received reports and an affirmative recommendation from the General Manager and a public hearing, which shall have received no less than 30 days of public notice.

   (e)   The provisions of subsection (c) above shall not be applied in a manner that would be inconsistent with the provisions of any outstanding or future indentures, resolutions, contracts or other agreements of the City and County relating to bonded indebtedness issued in connection with the utility, or with any applicable state or federal laws.

(Amended November 2002)

SEC. 16.104. AIRPORT REVENUE FUND.

   Subject to the budget and fiscal provisions of this Charter:

   (a)   The entire gross revenue of the Airport Commission shall be set aside and deposited into a fund in the City and County treasury to be known as the "Airport Revenue Fund." All amounts paid into the Fund shall be maintained by the Treasurer separate and apart from all other City and County funds and shall be secured by the Treasurer's official bond or bonds.

   Separate accounts shall be kept with respect to receipts and disbursements of each airport under the jurisdiction of the Commission.

   (b)   Monies in the Airport Revenue Fund including earnings thereon shall be appropriated, transferred, expended or used for the following purposes pertaining to the financing, maintenance and operation of airports and related facilities owned, operated or controlled by the Commission and only in accordance with the following priority:

      1.   The payment of operation and maintenance expenses for such airports or related facilities;

      2.   The payment of pension charges and proportionate payments to such compensation and other insurance or outside reserve funds as the Commission may establish or the Board of Supervisors may require with respect to employees of the Commission;

      3.   The payment of principal, interest, reserve, sinking fund and other mandatory funds created to secure revenue bonds hereafter issued by the Commission for the acquisition, construction or extension of airports or related facilities owned, operated or controlled by the Commission;

      4.   The payment of principal and interest on general obligation bonds heretofore or hereafter issued by the City and County for airport purposes;

      5.   Reconstruction and replacement as determined by the Commission or as required by any airport revenue bond ordinance duly adopted and approved;

      6.   The acquisition of land, real property or interest in real property for, and the acquisition, construction, enlargement and improvement of new and existing buildings, structures, facilities, utilities, equipment, appliances and other property necessary or convenient for the development or improvement of any airports and heliports owned, controlled or operated by the Commission in the promotion and accommodation of air commerce or navigation and matters incidental thereto;

      7.   The return and repayment into the General Fund of the City and County of any sums paid by the City and County from funds raised by taxation for the payment of interest on and principal of any general obligation bonds previously issued by the City and County for the acquisition, construction and improvement of the San Francisco International Airport;

      8.   For any other lawful purpose of the Commission including, but not limited to, transfer to the General Fund during each fiscal year of 25 percent, or such lesser percentage as the Board of Supervisors shall establish, of the non-airline revenues as a return upon the City and County's investment in the Airport. "Non-airline" revenues means all airport revenues from whatever source less revenues from airline rentals and charges to airlines for use of Airport facilities.

SEC. 16.105. CALIFORNIA ACADEMY OF SCIENCES.

   All buildings and improvements erected by or under the authority of the California Academy of Sciences, in or on property owned or controlled by the City and County, including but not limited to the Steinhart Aquarium, the original Natural History Museum, the Simson African Hall and the additions housing, among other things, the Alexander F. Morrison Planetarium and Auditorium, are the property of the City and County. However, the buildings and improvements, and the activities and personnel therein shall be managed and controlled exclusively by the California Academy of Sciences, except that employees of the City and County shall be subject to the personnel provisions of this Charter and their compensation fixed in accordance with this Charter and City and County funds are subject to the financial provisions of this Charter.

   The California Academy of Sciences shall submit to the Mayor and Board of Supervisors an annual financial statement of its activities in connection with the operation of the buildings described in this section.

   Nothing herein shall abrogate any trust by which any property of the California Academy of Sciences has been acquired.

SEC. 16.106. CULTURAL, EDUCATIONAL AND RECREATIONAL APPROPRIATIONS.

   The Board of Supervisors shall annually appropriate:

      1.   To the Arts Commission, the revenue from a tax of one-eighth of one cent ($0.00125) per one hundred dollars ($100) of taxable assessed valuation in the City and County for maintaining a symphony orchestra;

      2.   To the Asian Art Commission, an amount sufficient for the purpose of maintaining, displaying, and providing for the security of the City and County's collection of Asian art;

      3.   To the California Academy of Sciences, funds necessary for the maintenance, operation and continuance of the Steinhart Aquarium; the Board of Supervisors shall have the power to furnish to the California Academy of Sciences such funds as the Board shall deem proper for the maintenance, operation and continuance of any or all other of the buildings and improvements placed under the control of the California Academy of Sciences;

      4.   To the Fine Arts Museums Board of Trustees, an amount sufficient for the purpose of maintaining, operating, providing for the security of, expanding and superintending the fine arts museums and for the purchase of objects of art, literary productions and other personal property;

      5.   To the War Memorial and Performing Arts Center Board of Trustees, an amount sufficient to defray the cost of maintaining, operating and caring for the War Memorial and Performing Arts Center;

      6.   To the Library Commission, the revenue from a minimum tax of one cent ($0.01) per hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving the library system of the City and County;

      7.   To the Recreation and Park Commission, the revenue from a minimum tax of two and one-half cents ($0.025) per one hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving parks and squares, and the revenue from a minimum tax of one and three quarter cents ($0.0175) per one hundred dollars ($100) of taxable assessed valuation for constructing, maintaining and improving playgrounds; and

      8.   To the Arts Commission, for the City and County-owned Community Cultural Centers, an amount sufficient for the purpose of maintaining, operating, providing for the security and superintending of their facilities and grounds, and for the purchase of objects of art, literary productions, and other property, and for their expansion and continuance in the City and County of San Francisco.