§ 5.48

For purposes of this Article XLVIII, the following words or phrases shall have the following meanings: “City” shall mean the City and County of San Francisco.

“EIFD Public Financing Authority No. 1” shall mean the public financing authority established to act as the governing board for the Power Station EIFD and such other EIFDs identified by the Board of Supervisors from time to time. The EIFD Public Financing Authority No. 1 is a Commission as defined in Section 5.1-1.

“Power Station EIFD” shall mean San Francisco Enhanced Infrastructure Financing District No. 1 (Power Station). (Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

(Former Sec. 5.48-1 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

The Board of Supervisors hereby establishes the Enhanced Infrastructure Financing District Public Financing Authority No. 1 (“EIFD Public Financing Authority No. 1”) in accordance with California Government Code Sec. 53398.51.1.

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023)

(Former Sec. 5.48-2 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

The EIFD Public Financing Authority No. 1 shall serve as the governing body for enhanced infrastructure financing districts (including, initially, the Power Station EIFD), formed in the City pursuant to California Government Code Section 53398.51, on such terms and conditions as the Board of Supervisors shall determine in the Board of Supervisors’ resolutions of intention for such enhanced infrastructure financing districts. In that capacity, EIFD Public Financing Authority No. 1 shall be responsible for the duties as are imposed by California Government Code Sections 53398.50 et seq. , including, but not limited to, (a) causing the preparation of, adopting, and implementing the infrastructure financing plan for each enhanced infrastructure financing district, which will describe, among other things, the allocation by the City to the enhanced infrastructure financing district of certain incremental property tax revenue for the purpose of funding public capital facilities and other specified projects of communitywide significance that provide significant benefits to the enhanced infrastructure financing district or the surrounding community, (b) the issuance by the enhanced infrastructure financing district of bonds and other forms of indebtedness in furtherance of the purposes of the enhanced infrastructure financing district, (c) causing the timely preparation and delivery of the annual report required by California Government Code Section 53398.66(j), and (d) causing the timely preparation and delivery of the independent audit required by California Government Code Section 53398.88.

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024)

(Former Sec. 5.48-3 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

The EIFD Public Financing Authority No. 1 shall consist of five members, appointed as follows:

(a) Seats 1-3 shall be held by members of the Board of Supervisors, appointed by the President of the Board of Supervisors.

(b) The President of the Board of Supervisors shall nominate for appointment by the Board of Supervisors a fourth member from the Board of Supervisors to serve as an alternate member of the EIFD Public Financing Authority No. 1. The alternate member may serve and vote in place of any one of the three members from the Board of Supervisors who is absent from a meeting of the EIFD Public Financing Authority No. 1, or with respect to any meeting agenda item for which one of the three members from the Board of Supervisors is recused, or may serve and vote if there is a vacancy in Seat 1, 2, or 3.

(c) Seats 4 and 5 shall be held by members of the public nominated by the President of the Board of Supervisors and appointed by the Board of Supervisors. Appointment of members of the public to seats 4 and 5 shall comply with California Government Code Sections 54970 and 54972. Such appointees are not precluded from being appointed as members of the legislative body of other enhanced financing districts established by City ordinance. (Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

(Former Sec. 5.48-4 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

(a) Members of the EIFD Public Financing Authority No. 1 shall serve four-year terms, with the exception that the initial appointments to seats 3 and 4 shall be for two-year terms. Subsequent appointments to seats 3 and 4 shall be for four-year terms. The terms and term limits established in Section 5.1-2 shall otherwise apply.

(b) Members of the EIFD Public Financing Authority No. 1 shall receive no compensation, but they may receive reimbursement for actual and necessary expenses incurred in the performance of official duties pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the California Government Code.

(c) Members of the EIFD Public Financing Authority No. 1 are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5 of the California Government Code.

(d) The EIFD Public Financing Authority No. 1 shall establish such rules and procedures as are necessary or appropriate to ensure compliance with California Government Code Sections 53398.50 et seq. , to further the purposes of the enhanced infrastructure financing districts for which it acts as the governing board, and to satisfy the requirements of Section 5.48.7 below.

(e) The Office of the Controller shall provide administrative and clerical support to the EIFD Public Financing Authority No. 1, unless and until that function is re-assigned to another Department as part of the annual budget process.

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 5.48-5 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

(a) The EIFD Public Financing Authority No. 1 shall have the powers and duties set forth in California Government Code Sections 53398.50 et seq. , as may be amended from time to time.

(b) The EIFD Public Financing Authority No. 1 shall have no authority to exercise the sovereign powers of the City. The Power Station EIFD, once formed, shall be a governmental entity separate and distinct from the City and its sole purpose shall be to finance public capital facilities and projects of community-wide significance and other costs in accordance with California Government Code Sections 53398.50 et seq.

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023)

(Former Sec. 5.48-6 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

The EIFD Public Financing Authority No. 1 shall hold a regular meeting not less than one time per year. In accordance with California Government Code Section 53398.51.1(e), the EIFD Public Financing Authority No. 1 shall be deemed a local public agency subject to the Ralph M. Brown Act (Title 5, Division 2, Part 1, Chapter 9 (commencing with Section 54950) of the California Government Code); the California Public Records Act (Title 1, Division 10 (commencing with Section 7920.000) of the California Government Code); and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the California Government Code).

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 5.48-7 added by Ord. 24-21, File No. 210032, App. 3/5/2021, Eff. 4/5/2021; expired 4/5/2022)

Unless the Board of Supervisors by ordinance extends the term of the EIFD Public Financing Authority No. 1, it shall terminate on (a) the date on which enhanced infrastructure financing districts for which it acts as governing board no longer receive property tax revenues under the applicable infrastructure financing plans, or (b) the date on which no bonds or other forms of indebtedness of the EIFD Public Financing Authority No. 1 are outstanding, whichever date is later. After that date, the City Attorney is authorized to cause this Article XLVIII to be removed from the Administrative Code.

(Added by Ord. 44-23, File No. 230160, App. 4/7/2023, Eff. 5/8/2023; amended by Ord. 210-24, File No. 240638, App. 8/1/2024, Eff. 9/1/2024; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)