San Francisco County Municipal Code Art. 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. — 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. — Sec. 16.129. Street Tree Maintenance. Sec. 16.130. Privacy First Policy. — 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.

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

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.

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

(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)

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.

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.

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.

FUND. (a) Establishment of Fund. There is hereby established the Park, Recreation and Open Space Fund ("Fund") to be administered by the Recreation and Park Department ("Department") as directed by the Recreation and Park Commission ("Commission"). Monies in the Fund shall be expended or used solely by the Department, subject to the budgetary and fiscal provisions of the Charter, to provide park and recreational services and facilities. The Department embraces socio-economic and geographic equity as a guiding principle and commits to expending the funds across its open space and recreational programs to provide park and recreational access to all of San Francisco's diverse neighborhoods and communities. (b) Annual Set-aside. The City will continue to set aside from the annual tax levy, for a period of forty-five years starting with the fiscal year 2000-2001 and through and including fiscal year 2045-2046, an amount equivalent to an annual tax of two and one-half cents ($0.025) for each $100 assessed valuation. Beginning in fiscal year 2016-2017, revenues from the set-aside, together with interest, shall be deposited into the Park, Recreation and Open Space Fund. Revenues from the set-aside shall be in addition to the baseline appropriation required by subsection (c). The Controller shall set aside and maintain such an amount, together with any interest earned thereon, in the Fund, and any amount unspent or uncommitted at the end of the fiscal year shall be carried forward to the next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes specified in this Section 16.107. (c) Baseline Maintenance of Effort. The annual set-aside shall be used exclusively to increase the aggregate City appropriations to and expenditures by the Recreation and Park Department for Department purposes. To this end, beginning in fiscal year 2016-2017 and thereafter through fiscal year 2045-2046, the City shall not reduce the baseline general fund support amount appropriated to the Department below the amount appropriated in fiscal year 2015-2016, as calculated by the Controller, except that the baseline amount shall be adjusted as follows: (1) Each year in fiscal years 2016-2017 through 2025-2026, the City shall increase the baseline appropriation by $3 million over the prior year. (2) Each year in fiscal years 2026-2027 through 2045-2046, the City shall adjust the baseline by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City which are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Additionally, in determining aggregate City discretionary revenues, the Controller shall not include revenues received by the City under the increased rates in Business and Tax Regulations Code Sections 953.1(g), 953.2(h), 953.3(h), 953.4(e), 953.5(d), 953.6(f), 953.7(d), and 953.8(i) adopted by the voters at the general municipal election on November 3, 2020, and shall not include revenues received by the City under Article

36 of the Business and Tax Regulations Code adopted by the voters at the general municipal election on November 3, 2020. The Controller is authorized to increase or reduce budgetary appropriations as required by this subsection (c) to align the baseline amount to the amount required by formula based on actual revenues received during the fiscal year. (3) The City may suspend growth in the baseline funding pursuant to subsection (c)(1) in fiscal year 2016-2017 if the City's projected budget deficit for that year at the time of the Joint Report or Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor's Budget Director, and the Board of Supervisors' Budget Analyst exceeds 200 million. For fiscal year 2017-2018 through fiscal year 2045-2046, the City may suspend growth in baseline funding pursuant to subsections (c)(1) and (c)(2) when the projected budget deficit for the upcoming fiscal year at the time of the Joint Report or Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor's Budget Director, and the Board of Supervisors' Budget Analyst exceeds $200 million adjusted annually by changes in aggregate City discretionary revenues. (4) Monies from the baseline appropriation required by this subsection (c) shall not be appropriated or expended for services provided to the Recreation and Park Department by other City departments and agencies unless: (A) the City department or agency charged the Recreation and Park Department for that service in fiscal year 2015-2016 and the amount the Recreation and Park Department paid the City department or agency for that service was included in the baseline amount for fiscal year 2015-2016, although increases in the cost of such services may be paid out of the baseline appropriation, or (B) the Recreation and Park Department requests or agrees to a new service from a City department or agency. (5) At the end of the fiscal year 2015-2016 and every year thereafter, any excess general fund Departmental revenue, including any Department expenditure savings or revenue surpluses deposited prior to fiscal year 2015-2016, shall be reserved to be used for one-time Departmental expenditures. "General fund Departmental revenue" is defined as all revenues credited to the Department's general fund budget other than the baseline contribution defined in subsection (c). (d) The City shall implement its efforts to increase revenues in a manner consistent with the City's policy of charging City residents a lower fee than that charged nonresidents for the use and enjoyment of Department property. (e) Revenue Bond Authority. Notwithstanding the limitations set forth in Sections 9.107, 9.108, and 9.109 of this Charter, the Commission may request, and upon recommendation of the Mayor the Board of Supervisors may authorize, the issuance of revenue bonds or other evidences of indebtedness, or the incurrence of other obligations, secured by the Park, Recreation and Open Space Fund for acquisition, construction, reconstruction, rehabilitation and/or improvement of real property and/or facilities and for the purchase of equipment. (f) Fund Expenditures on Commission Property. Any real property acquired with monies from the Fund, including the proceeds of obligations issued pursuant to subsection (e), above, shall be placed under the jurisdiction of the Commission within the meaning of Section 4.113. Fund expenditures to improve, construct, reconstruct or rehabilitate real property shall be limited to property under the jurisdiction of the Commission or property under the jurisdiction of another City department or public agency and subject to an agreement with the Department for its use, management and maintenance. (g) Use and Allocation of the Fund. Each year, the Commission shall adopt a budget for the allocation and expenditure of the Fund in compliance with the budget and fiscal provisions of the Charter. The annual budget for allocation of the Fund that is adopted by the Commission and submitted by the Mayor to the Board of Supervisors shall include: (1) Allocations for after-school recreation programs, urban forestry, community gardens, volunteer programs, and a significant natural areas management program in the amounts allocated for each of those programs from the Park and Open Space Fund in the Department's fiscal year 2015-2016 budget, to the extent that such programs are not so funded in the Department's operating budget or in the budget of another City department. (2) An allocation necessary to ensure that 3% of the monies to be deposited in the Fund during the upcoming fiscal year pursuant to subsection (b), above, be available at the start of the fiscal year as an undesignated contingency reserve. No later than September 1, 2017, the Commission shall adopt a policy for expenditures from the contingency reserve. Thereafter, the Commission shall submit a report to the Mayor and the Board of Supervisors on any expenditures from the contingency reserve during the previous budget cycle along with its proposed budget for allocation of the Fund. (3) An allocation of not less than 5% of the monies to be deposited in the Fund during the upcoming fiscal year pursuant to subsection (b), above. These monies shall be dedicated to the acquisition of real property identified in the Capital Expenditure Plan discussed in subsection (h)(3), below. Any portion of these monies that remains unspent or uncommitted at the end of any fiscal year shall be carried forward, with interest thereon, to the next fiscal year for the purposes set forth herein. (4) An allocation, as a separate line item, of funds required for preparation, monitoring, and evaluation of the plans required under subsection (h). Prior to the adoption of the annual budget by the Recreation and Park Commission, the Department, in conjunction with the Parks, Recreation, and Open

rd, with interest thereon, to the next fiscal year for the purposes set forth herein. (4) An allocation, as a separate line item, of funds required for preparation, monitoring, and evaluation of the plans required under subsection (h). Prior to the adoption of the annual budget by the Recreation and Park Commission, the Department, in conjunction with the Parks, Recreation, and Open Space Advisory Committee ("Advisory Committee") discussed in subsection (i), below, shall conduct two public hearings in the evenings or on weekends to permit the public to comment on the Department's full budget and programming allocations. The Board of Supervisors shall consider and apply the Planning and Reporting Measures, including equity metrics, required in subsection (h) when reviewing and approving the Department's budget. (h) Planning and Reporting Measures. The Commission shall adopt several long-term plans that include, but are not limited to, the following: (1) Metrics. The Department shall develop, and the Commission shall adopt, a set of equity metrics to be used to establish a baseline of existing Recreation and Park services and resources in low-income neighborhoods and disadvantaged communities, compared

to services and resources available in the City as a whole. Following Commission approval, the Department shall submit its Equity Metrics to the Mayor and the Board of Supervisors. (2) Strategic Plan. By February 1, 2017, and every five years thereafter, the Department shall prepare, for Commission consideration and approval, a five-year Strategic Plan that establishes or reaffirms the mission, vision, goals and objectives for the Department. The Strategic Plan shall include an equity analysis of Recreation and Park services and resources, using the equity metrics adopted under subsection (h)(1), and shall include strategies to mitigate any equity deficiencies identified in the Plan. The Department shall submit the proposed Strategic Plan to the Parks, Recreation, and Open Space Advisory Committee for its review and comment before submitting the Plan to the Commission for its approval. Following Commission approval of the Strategic Plan, the Department shall submit the Strategic Plan to the Mayor and the Board of Supervisors. The Board of Supervisors shall consider and by resolution express its approval or disapproval of the Plan, but may not modify the Plan. If the Board expresses its disapproval of the Plan or makes recommendations regarding the Plan to the Department, the Department may modify and resubmit the Plan. The Department will use the approved Strategic Plan to guide its work over each five-year period. Every two years after the approval of a Strategic Plan, the Department shall report to the Commission on the Department's progress under the Plan and, subject to the Commission's approval, may amend the Plan as appropriate. Following Commission approval of any amendments to the Strategic Plan, the Department may submit the amended Strategic Plan to the Mayor and the Board of Supervisors. (3) Capital Expenditure Plan. By January 15, 2017 and for each annual or biennial budgetary cycle thereafter, as determined under Charter Section 9.101, the Department shall prepare, for Commission consideration and approval, an annual Capital Expenditure Plan that addresses the development, renovation, replacement and maintenance of capital assets, and the acquisition of real property projected during the life of the Department's five-year Strategic Plan. The Capital Expenditure Plan shall include an equity analysis of Recreation and Park capital expenditures, using the equity metrics adopted under subsection (h)(1), and shall include strategies to mitigate any equity deficiencies identified in the Plan. The Capital Expenditure Plan shall further address irrigation, water conservation, and urban forestry on park lands. The Department shall submit the proposed Capital Expenditure Plan to the Parks, Recreation, and Open Space Advisory Committee for its review and comment before submitting the Plan to the Commission for its approval. Following Commission approval, the Department shall submit the Capital Expenditure Plan to the Mayor and the Board of Supervisors. The Board of Supervisors shall consider and by resolution express its approval or disapproval of the Plan, but may not modify the Plan. If the Board expresses its disapproval of the Plan or makes recommendations regarding the Plan to the Department, the Department may modify and resubmit the Plan. The Department shall further cooperate in the development of the City's Capital Expenditure Plan under Administrative Code Section 3.20, as amended, or any successor legislation. (4) Operational Plan. By February 1, 2017, and for each annual or biennial budgetary cycle thereafter, as determined under Charter Section 9.101, the Department shall prepare, for Commission consideration and approval, an Operational Plan. The Department shall base the Operational Plan on the then-current Strategic Plan, and the Operational Plan shall be in addition to the Department's budget. The Department shall include in the Operational Plan a statement of the objectives and initiatives within the Strategic Plan that the Department plans to undertake and/or accomplish during the next budgetary period, including performance indicators and targets. The Operational Plan shall include an equity analysis of Recreation and Park services and resources, using the equity metrics adopted under subsection (h)(1). Each Operational Plan shall further include an assessment of the Department's progress on the previous Operational Plan. The Department shall submit the proposed Operational Plan to the Parks, Recreation, and Open Space Advisory Committee for its review and comment before submitting the Plan to the Commission for its approval. Following Commission approval, the Department shall submit the Operational Plan to the Mayor and the Board of Supervisors. The Commission shall establish a community input process, which shall include the Parks, Recreation, and Open Space Advisory Committee discussed in section (i), below, through which citizens of the City and County of San Francisco will provide assistance to the Commission as it develops criteria and establishes the plans required by this subsection. Prior to the adoption of any Strategic Plan, the Department shall conduct at least five hearings in locations distributed geographically throughout the City to receive and to consider the public's comments upon the plan. The Commission shall ensure that at least two of these hearings are held in the evenings or on weekends for the public's convenience. In the fourth year of each Strategic Plan under subsection (h)(2), the Controller's City Services Auditor shall conduct a performance audit of the Department to assess the Department's progress under the Strategic Plan and to inform the development of the Department's next Strategic Plan. The audit shall include an analysis of the Department's compliance with the planning and reporting measures in this subsection (h). The costs of the audit may be cha

ion (h)(2), the Controller's City Services Auditor shall conduct a performance audit of the Department to assess the Department's progress under the Strategic Plan and to inform the development of the Department's next Strategic Plan. The audit shall include an analysis of the Department's compliance with the planning and reporting measures in this subsection (h). The costs of the audit may be charged to the baseline established in subsection (c). If the audit finds that the Department has not complied with the requirements in this subsection (h), the Board of Supervisors may place up to 5% of the baseline appropriation under subsection (c) for the next fiscal year on reserve, pending subsequent release of the reserve by Board action upon finding progress toward these requirements. The preceding sentence is not intended to modify the Board's authority under the fiscal and budgetary provisions of the Charter. The Commission may modify any deadlines contained in this subsection (h) by resolution adopted by a two-thirds vote of its members, and a resolution adopted by the Board of Supervisors and approved by the Mayor. (i) Parks, Recreation, and Open Space Advisory Committee. The Board of Supervisors shall establish, by ordinance, a Parks, Recreation, and Open Space Advisory Committee, such as the committee established in Park Code Section 13.01, as amended, or any successor legislation.

(j) Equity Fund. The City shall establish an Equity Fund to accept and expend private gifts, grants, and donations received by the Department and intended to support initiatives and programs addressing unmet program and capital needs identified in the equity analyses required under subsection (h). (k) Environmental and Design Guidelines. The Department shall maintain written environmental and design guidelines for new facilities, parks, and open spaces and the renovation or rehabilitation of existing facilities, parks, and open spaces. (l) Capital Projects. Notwithstanding the provisions of Section 3.104 of this Charter, the Commission shall have the authority to prepare and approve the plans, specifications and estimates for all contracts and orders, and to award, execute and manage all contracts and orders, for capital projects on real property under its jurisdiction or management. Capital projects supported by the Fund, other than those projects identified by the Department as long-term projects, must be fully constructed within three years of the initial budget allocation for those projects. Long-term projects must be fully constructed within five years of the initial budget allocation. Any exceptions to this provision must be authorized by a two-thirds vote of the Commission. (m) In addition to the requirements set forth by this Section 16.107, all expenditures from the Fund shall be subject to the budget and fiscal provisions of the Charter. (n) This Section 16.107 shall expire by operation of law at the end of fiscal year 2045-2046 and the City Attorney shall cause it to be removed from future editions of the Charter unless the Section is extended by the voters. (Amended March 2000, June 2016; Proposition F, Approved 11/3/2020)

(a) Establishment of Fund. There is hereby established the Library Preservation Fund (“the Fund”) to be administered by the Library Department as directed by the Library Commission. Monies therein shall be expended or used solely by the Library Department, subject to the budgetary and fiscal provisions of the Charter, to provide library services, acquire books and other materials and equipment, and construct, improve, rehabilitate, maintain, and operate library facilities. (b) Annual Set-Aside. The City will continue to set aside from the annual property tax levy, for a period of 25 years starting with the fiscal year 2023-2024 an amount equivalent to an annual tax of two and one-half cents ($0.025) for each one hundred dollars ($100) assessed valuation (“Annual Set-Aside”). The Controller shall set aside and maintain such an amount, together with any interest earned thereon, in the Fund. Revenues obtained from the Annual Set-Aside shall be in addition to, and not in place of, any General Fund monies appropriated to the Library pursuant to subsection (c). (c) Baseline Maintenance of Effort. The Annual Set-Aside shall be used exclusively to increase the aggregate City appropriations and expenditures for services, materials, facilities, and equipment that will be operated by the Library Department for Library purposes. To this end, in any of the 25 years during which funds are required to be set aside under this Section 16.109, the City shall not reduce the Baseline for the Library Department below the fiscal year 2022-2023 Required Baseline Amount (as calculated by the Controller), except that the Baseline shall be adjusted as provided below. The Baseline shall be adjusted for each year after fiscal year 2022-2023 by the Controller based on calculations consistent from year to year, by the percentage increase or decrease in aggregate City and County discretionary revenues, except as provided in subsection (h). In determining aggregate City and County discretionary revenues, the Controller shall only include revenues received by the City which are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Errors in the Controller’s estimate of discretionary revenues for a fiscal year shall be corrected by adjustment in the next year’s estimate. For purposes of this subsection (c), (i) aggregate City appropriations shall not include funds granted to the City by private agencies or appropriated by other public agencies and received by the City, and (ii) Library Department appropriations shall not include funds appropriated to the Library Department to pay for services of other City departments or agencies, except for departments or agencies for whose specific services the Library Department was appropriated funds in fiscal year 2022-2023. Within 180 days following the end of each fiscal year through fiscal year 2047-2048, the Controller shall calculate and publish the actual amount of City appropriations for the Library Department. The Controller shall set aside and maintain such baseline amounts, together with any interest earned thereon, in the Fund. At the end of each fiscal year, the Controller shall pro-rate any monies from the annual Baseline and the Annual Set-Aside that remain uncommitted in the Fund, and the Baseline portion of such amount shall be returned to the General Fund. The Annual Set-Aside portion of such amount shall be carried forward to the next fiscal year and shall be appropriated then or thereafter for the purposes specified in this Section. Adjustments in the Controller’s estimate of the Baseline, including any Baseline changes required from increases or decreases to City revenues after the enactment of the annual budget under Article IX, along with adjustments to the Annual Set-Aside for a fiscal year, shall be corrected by credits or adjustment to be carried forward and added to the annual City appropriation for the next fiscal year and, subject to the budgetary and fiscal limitations of the Charter, shall be appropriated then or thereafter for the purposes specified in this Section. (d) Debt Authority. Notwithstanding the limitations set forth in Sections 9.107, 9.108, and 9.109 of this Charter, the Library Commission may request, and upon recommendation of the Mayor the Board of Supervisors may authorize, the issuance of revenue bonds or other evidences of indebtedness or the incurrence of lease financing or other obligations (the “Debt Obligations”), the proceeds of which are to be used for the acquisition, construction, reconstruction, rehabilitation, and/or improvement of real property and/or facilities that will be operated by the Library Department for Library purposes and for the purchase of equipment relating to such real property and/or facilities. Such Debt Obligations shall be secured by and/or repaid from any available funds pledged or appropriated by the Board of Supervisors for such purpose, which amount may include funds in the Fund allocated under subsection (e)(3) of this Section 16.109. Funds appropriated to pay debt service on the Debt Obligations in such fiscal year under the terms of this Section 16.109 shall be set aside in an account for such use until such payment is made.

(e) Spending Priorities. The Annual Set-Aside and monies carried over from prior fiscal years in the Fund shall be expended in accordance with the following priorities: (1) Such allocations as are necessary for the Library Department to operate the Main Library, which includes the Talking Books and Braille Center, no fewer than 27 neighborhood branch libraries, and an auxiliary technical services facility, with at least 1,400 permanent service hours per week system-wide and the permanent service hours at each neighborhood branch library at least 95% of the amount set by the Library Commission as of May 31, 2018. The permanent service hours per week system-wide and the permanent service hours at any neighborhood branch library may be modified, but only as provided by subsection (f). (2) Such allocations as are necessary to provide for library services and collections in all formats in order to meet the current and changing needs of San Francisco communities, as the Library Commission in its sole discretion shall approve. (3) Notwithstanding the spending priorities set forth in this subsection (e), a portion of the Annual Set-Aside may be used each fiscal year to pay debt service relating to Debt Obligations issued or incurred by the City under subsection (d). To ensure that debt service payments do not reduce overall funding available for other Library priorities from current levels, debt service may be payable from the Annual Set-Aside in any fiscal year in an amount no greater than: (A) the annual debt service that would be payable under a financing with the term and principal amount reflected in a Library Commission request for bond issuance under subsection (d); and (B) the aggregate growth of the Annual Set-Aside amount and the Baseline amount over the base fiscal year 2022-2023. Amounts on deposit in the Annual Set-Aside in excess of such annual debt service shall be used according to the other priorities of this subsection. (4) To the extent there are unexpended funds remaining in the Fund after the requirements of subsections (e)(1) through (e)(3) have been satisfied, such funds may be used for any lawful purpose of the Library Department; provided that no such funds shall be used for debt service payments in any fiscal year in excess of the amount allowed under subsection (e)(3). (f) Library Service Hours. Except as provided in subsections (f)(3) and (f)(4), the Library Commission shall maintain at least the permanent service hours per week system-wide and the permanent hours at each neighborhood branch Library as required by subsection (e)(1) until July 1, 2028. On or after that date, the Library Commission may modify permanent service hours per week system-wide and at specific neighborhood branch libraries for succeeding five-year intervals, or at shorter intervals as the Commission may adopt, and in accordance with the following procedures: (1) No later than March 1, 2028, and at least four months before adopting each service hour interval thereafter, the Library Commission shall establish a community input process, which may include an informal survey of library users and meetings with the Council of Neighborhood Libraries or any successor entity, and neighborhood groups, through which citizens of the City may provide assistance to the Library Commission as it develops criteria to set system-wide and branch service hours for the upcoming interval. Prior to the Library Commission setting service hours for the next interval, the Library Department shall conduct at least one hearing in each supervisorial district to receive and consider the public’s comments about existing and potential Library service hours. At least six of these hearings, distributed geographically throughout the City, shall be held in the evenings or on weekends for the public’s convenience. (2) Following input of the public as described in subsection (f)(1), and based on the public input, a comprehensive assessment of needs, and the anticipated adequacy of library resources, the Library Commission may, on or after July 1, 2028, modify the system-wide and individual neighborhood branch service hours for the next five-year interval or such shorter interval as the Library Commission may adopt. The Library Commission shall repeat this public process and set service hours at least once every five years for the duration of the Fund. (3) The service hours requirements set in subsection (e)(1) and any modifications thereto made pursuant to this subsection (f) shall be temporarily reduced by the normal operating hours for any neighborhood branch temporarily closed for construction, renovation, or maintenance purposes. In such cases, the Library Department shall add temporary services elsewhere by adding temporary hours at nearby branches, providing bookmobile services, securing programming partners in the affected neighborhoods, or similar means. (4) If library services at any branch or system-wide are interrupted due to fire, earthquake, or other emergency, the Library Department shall be relieved of these service hour requirements, provided that the Library Department shall provide service hours consistent with such exigent circumstances. (g) Unspent Funds. All unspent funds in the Fund on November 8, 2022 shall continue to be held for the use and benefit of the Library Department, and the funds therein shall be used consistent with the requirements of this Section 16.109. (h) Temporary Freezes to Baseline. Notwithstanding any other provision in this Section 16.109, the City may freeze the Baseline for any fiscal year after fiscal year 2022-2023 at the prior year amounts when the City’s projected budget deficit for the upcoming fiscal year at the time of the March Joint Report or March Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board

thstanding any other provision in this Section 16.109, the City may freeze the Baseline for any fiscal year after fiscal year 2022-2023 at the prior year amounts when the City’s projected budget deficit for the upcoming fiscal year at the time of the March Joint Report or March Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst exceeds $300 million, adjusted annually beginning with fiscal year 2022-2023 by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In determining aggregate City discretionary revenues, the Controller shall include only revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. In the first two fiscal years following such a freeze, the Controller shall adjust the Baseline under subsection (c) such that the amount of the Baseline in the second fiscal year following the freeze shall be the same as it would have been if there had been no freeze under this subsection (h). Based on projections of anticipated revenue, the Controller shall implement this adjustment to the Baseline in

approximately equal amounts in each of the two fiscal years. (i) Expiration. This Section 16.109 shall expire by operation of law on December 31, 2048, after which the City Attorney may cause it to be removed from the Charter unless the Section is extended by the voters. (Amended by Proposition D, Approved 11/6/2007; Proposition F, Approved 11/3/2020; Proposition F, Approved 11/8/2022)

(a) Creation of Fund. There is hereby established a Housing Trust Fund to support creating, acquiring and rehabilitating affordable housing and promoting affordable home ownership programs in the City, as provided in this Section 16.110. (b) Definitions. For purposes of this Section: "First Responder" shall mean a City employee who responds first in cases of natural disaster or emergencies, including, but not limited to, all active uniformed, sworn members of the San Francisco Police and Fire Departments. "General Fund Discretionary Revenues" shall mean revenues that the City receives and deposits in its treasury, that are unrestricted, and that the City may appropriate for any lawful City purpose. "Household" shall mean any person or persons who reside or intend to reside in the same housing unit. "Mayor's Office of Housing" shall mean the Mayor's Office of Housing and Community Development or any successor City agency. (c) Funding. (1) In the Fiscal Year 2013-2014 budget, the City shall appropriate to the Housing Trust Fund $20 million. (2) For the next 11 fiscal years, in each of the annual budgets for Fiscal Year 2014-2015 through Fiscal Year 2024-2025, the City shall appropriate to the Housing Trust Fund an amount increasing by $2.8 million per year, until the annual appropriation required by this Section reaches $50.8 million in the Fiscal Year 2024-2025 budget. (3) In the annual budgets for Fiscal Year 2025-2026 through Fiscal Year 2042-43, the City shall appropriate to the Housing Trust Fund an amount equal to the prior year's appropriation, adjusted by the percentage increase or decrease in General Fund Discretionary Revenues budgeted for the year compared to the prior year's original budgeted amount of General Fund Discretionary Revenues. (4) Should the City adopt a fixed two-year budget under Charter Section 9.101, the adjustment for the Housing Trust Fund appropriation for the two years of the two-year budget shall be based on the amount of General Fund Discretionary Revenues estimated for the two-year period included in the budget. (5) During Fiscal Years 2025-2026 through 2042-2043, if the Controller submits a revised estimate of General Fund Discretionary Revenues for a given Fiscal Year or two-year budget period that is lower than the amount originally budgeted for that period, then the Board may, by ordinance, reduce the appropriation to the Housing Trust Fund for that budget period in an amount that does not exceed the amount proportionate to the percentage shortfall in the discretionary revenue projection. (6) The Controller's method of calculating the amount of and changes in General Fund Discretionary Revenues shall be consistent from fiscal year to fiscal year and with the Controller's method for calculating those figures under Charter Sections 8A.105, 16.108, and 16.109. Additionally, in determining General Fund Discretionary Revenues, the Controller shall not include revenues received by the City under the increased rates in Business and Tax Regulations Code Sections 953.1(g), 953.2(h), 953.3(h), 953.4(e), 953.5(d), 953.6(f), 953.7(d), and 953.8(i) adopted by the voters at the general municipal election on November 3, 2020, and shall not include revenues received by the City under Article 36 of the Business and Tax Regulations Code adopted by the voters at the general municipal election on November 3, 2020. The Controller shall treat General Fund appropriations to the Housing Trust Fund as reductions in General Fund Discretionary Revenues when calculating other funding allocations that are tied to General Fund Discretionary Revenues, including funding allocations under Charter Sections 8A.105, 16.108, and 16.109. The Controller shall correct errors in the estimate of discretionary revenues for a fiscal year through an adjustment to the next fiscal year's estimate. (7) In any year during the term of this Section, the City may, in its discretion, reduce its annual contribution to the Housing Trust Fund for that year by an amount equal to or less than 56.7% of the annual debt service required to service any SB2113 Affordable Housing Bonds issued after January 1, 2013. "SB2113 Affordable Housing Bonds" are bonds issued by the City to support the acquisition and creation of replacement affordable housing citywide using property tax increment from former Redevelopment project areas under California Health and Safety Code Section 33333.7 (8) The Controller shall set aside and maintain the amounts appropriated to the Housing Trust Fund under this Section, together with any interest earned thereon, and any amount unexpended or uncommitted at the end of the fiscal year shall be carried forward to the next fiscal year and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated for the purposes specified in this Section. (d) Uses of the Housing Trust Fund. The City may disburse monies from the Housing Trust Fund through loans, grants or other types of payments, on terms determined by the Mayor's Office of Housing in its sole discretion. Any repayment of a loan or grant from the Fund that the City receives, or any interest from a loan from the Fund that the City receives, will be returned to the Housing Trust

Fund. The City, acting through the Mayor's Office of Housing, shall disburse the monies from the Housing Trust Fund for the following eligible expenditures: (1) The creation, acquisition, and rehabilitation of rental and ownership housing affordable to Households earning up to 120% of the Area Median Income, including, without limitation, the acquisition of land for such purpose. (2) No later than July 1, 2018, the City shall appropriate $15 million from the Housing Trust Fund to a program that provides loans to Households earning up to 120% of the Area Median Income and to Households including a First Responder (subject to Area Median Income limits designated by the Mayor's Office of Housing) for use as a down payment on the purchase of a housing unit ("the Down Payment Assistance Loan Program"). As soon as is practical, the Mayor's Office of Housing shall develop and implement a manual for the Down Payment Assistance Loan Program. (3) No later than July 1, 2018, the City shall appropriate up to $15 million from the Housing Trust Fund to a program that provides funds to Households earning up to 120% of Area Median Income for use as assistance to reduce the risk to current occupants of a loss of housing and/or to help current occupants make their homes safer, more accessible, more energy efficient, and more sustainable (the "Housing Stabilization Program"). As soon as is practical, the Mayor's Office of Housing shall implement and develop a manual for the Housing Stabilization Program. (4) The City may use monies in the Housing Trust Fund to operate and administer the Infrastructure Grant Program as described in subsection (e). The City may not allocate to the Infrastructure Grant Program in any fiscal year an amount exceeding the greater of $2 million or 10% of the amount appropriated to the Housing Trust Fund for that fiscal year under subsection (c). (5) In any fiscal year, the City may allocate a sufficient amount from the Housing Trust Fund to pay for all legally permissible administrative costs of the Fund, including, without limitation, legal costs, associated with any use of the Housing Trust Fund. (e) Complete Neighborhoods Infrastructure Grant Program. After conferring with the Director of Planning, the Director of the Mayor's Office of Housing shall design and administer a Complete Neighborhoods Infrastructure Grant Program ("Infrastructure Grant Program"). The purpose of the Infrastructure Grant Program is to accelerate the build-out of the public realm infrastructure needed to support increased residential density in the City's neighborhoods. The City may use monies from the Infrastructure Grant Program only for public facilities identified in the Community Facilities District law (Cal. Govt. Code §§et seq., as amended), and shall give priority to the use of such monies by residential development project sponsors, community-based organizations, and City departments for public realm improvements associated with proposed residential development projects. (f) Bonding Authority. Notwithstanding the limitations set forth in Sections 9.107, 9.108, and 9.109 of this Charter, upon recommendation of the Mayor, the Board of Supervisors may authorize the issuance, without limitation, of revenue bonds, lease financing, notes, or other evidences of indebtedness or other obligations ("Debt Obligations"), the proceeds of which are to be used for creating, acquiring, and rehabilitating rental and ownership housing affordable to Households earning up to 120% of the Area Median Income, including, without limitation, the acquisition of land for such purpose. Such Debt Obligations shall be secured by and/or repaid from any available funds pledged or appropriated by Board of Supervisors ordinance for such purpose, which amount may include funds in the Housing Trust Fund allocated under subsection (c). Debt Obligations authorized hereby shall be issued in accordance with the Mayor's Office of Housing policies, and upon the terms and conditions as the Board of Supervisors shall approve. Funds appropriated to pay debt service on the Debt Obligations in such fiscal year under the terms of this Section shall be set aside in an account for such use until such payment is made. (g) Legislation. (1) The City may enact an ordinance adopting inclusionary or affordable housing obligations, including definitions that differ from those set forth in subsection (b) of this Section 16.110. After any such ordinance becomes effective, the City Attorney shall cause to be removed from the Charter this subsection (g) of Section 16.110, and shall cause the subsequent subsections to be renumbered accordingly. Thereafter, the City may by ordinance set and change the minimum or maximum inclusionary or affordable housing obligations, and may adopt definitions for inclusionary and affordable housing programs. In doing so, the City shall endeavor to meet affordable housing needs across a broad range of household incomes, family sizes and neighborhood conditions and may update the method of fee calculation based on different building types and sizes, and may set policies controlling conversion of rental units to ownership units, among other programmatic changes. (2) Until the City enacts an ordinance amending the Planning Code, including but not limited to Section 415, adopting inclusionary or affordable housing obligations different from those called for in previously existing Charter subsections (g) and (h), the following requirements for inclusionary housing shall apply during such interim period for any housing development project that has not procured a final first discretionary development entitlement approval, which shall include approval following any administrative appeal to the relevant City board, or has not entered into a development agreement or other binding agreement with the City as of January 12, 2016: (A) For housing developme

hall apply during such interim period for any housing development project that has not procured a final first discretionary development entitlement approval, which shall include approval following any administrative appeal to the relevant City board, or has not entered into a development agreement or other binding agreement with the City as of January 12, 2016: (A) For housing development projects consisting of ten dwelling units or more, but less than twenty-five dwelling units, the requirements of the Planning Code, including but not limited to Section 415 et seq., in effect on the date this Charter Amendment is adopted1 by the voters shall apply. (B) For housing development projects consisting of twenty-five dwelling units or more, the requirements of the Planning Code, including but not limited to Section 415 et seq., in effect on the date this Charter Amendment is adopted by the voters shall apply, except that the amounts of the inclusionary housing requirement shall be modified as follows: (i) Fee. The development project shall pay an affordable housing fee equivalent to a requirement to provide 33% of the units in the principal project as affordable units, using the method of fee calculation set forth in Planning Code Section 415.5(b). In the event the City's Nexus Analysis in support of the Inclusionary Affordable Housing program demonstrates that a lower affordable housing fee is lawfully applicable based on an analysis of all relevant impacts, the City may utilize the method of fee calculation supported by the

Nexus Analysis in lieu of the 33% requirement set forth herein. (ii) On-Site Housing. If the project sponsor elects and is eligible to construct units affordable to qualifying households on-site of the principal project as set forth in Planning Code Section 415.5(g), the project sponsor shall construct 25% of all units constructed on the project site as affordable housing units, with 15% of the units affordable to low- and very low-income households and 10% affordable to middle income households, and shall comply with all otherwise applicable requirements of Section 415.6. (iii) Off-Site Housing. If the project sponsor of a housing development project elects and is eligible to provide units affordable to qualifying households off-site of the principal project as set forth in Planning Code Section 415.5(g), the project sponsor shall construct or cause to be constructed affordable housing units equal to 33% of all units constructed on the principal project site as affordable housing, with 20% of the units affordable to low- and very low-income households and 13% of the units affordable to middle- income households, and shall comply with all otherwise applicable requirements of Section 415.7. (C) Interim definitions of "Lower Income" and "Middle Income" households. For purposes of the interim period before the City enacts an ordinance amending the Planning Code, including but not limited to Section 415 et seq., "lower income" households shall be defined as households whose total household income does not exceed 55% of Area Median Income for purposes of renting an affordable unit, or 80% of Area Median Income for purposes of purchasing an affordable unit, and "middle income" households shall mean households whose total household income does not exceed 100% of Area Median Income for purposes of renting an affordable unit, or 120% of Area Median Income for purposes of purchasing an affordable unit. (j)2 Disclaimer. Nothing in this Section shall be construed to limit or restrict the ability of the City to adopt any fees or exactions related to public benefits other than affordable housing, including, but not limited to, transit infrastructure, streetscape, public realm improvement, or child care fees. (k)2 Term. Except as provided in subsection (l) below, this Section shall become inoperative on July 1, 2043, and after such date shall have no further force or effect and shall be repealed. (l)2 Early Termination. At any time before January 1, 2013, the Mayor, after consulting with his or her Budget Director and the Controller, and after taking into account the City's projected revenues and expenditures in the City's financial plans, may terminate implementation of this Section by issuing a written notice to the Board of Supervisors and the Controller. The termination shall be irrevocable and apply to the entire Section 16.110. Upon the Mayor's signing of the notice, this Section shall become inoperative and after such date shall have no force or effect and shall be repealed. Editor's Notes:

1. The phrase "the date this Charter Amendment is adopted" in division (g)(2)(A) was added to this section as part of the amendments adopted at the election of June 7,
3. The 2016 amendment to this section, among other things, deleted former divisions (g) and (h) in their entireties and redesignated former division (i) as current (g). That legislation did not, however, redesignate or otherwise alter previously existing divisions (j), (k), or (l). Accordingly, this section currently contains no divisions designated as (h) or (i). (Added by Proposition C, Approved 11/6/2012; amended by Proposition C, Approved 6/7/2016 Effective 7/29/2016; Proposition F, Approved 11/3/2020) (Former Sec. 16.110 repealed by Proposition A, Approved 11/6/2007)

The Board of Supervisors shall have the power by ordinance to grant to any person, firm or corporation, any franchise, including any renewal, extension, transfer or amendment thereof, for the use of any public right-of- way or public place within the boundaries of the City for the purpose of providing services to customers. Franchises may be granted only by a competitive process. Each franchise shall contain a specific and definite termination date which shall not be more than 25 years after its first effective date.

NOTICES, HEARINGS AND ACCESS TO PUBLIC DOCUMENTS. The publication of and full public access to public documents, except for those subject to confidentiality, shall be as required by law. Notice shall be published in a timely manner before any public hearing, and shall include a general description of said hearing. Notice shall be given, and public hearings held before: (a) Any facility used by the public, including but not limited to libraries and health facilities, shall be closed, eliminated, or its level of

services reduced, or prior to the leasing, selling or transfer of management of said facility; (b) Any significant change in the operating schedule or route of a street railway, bus line, trolley bus line or cable car line is adopted; (c) Any fee, schedule of rates, charges or fares which affects the public is instituted or changed; should any such action be approved, the result shall also be noticed; or (d) Any amendment to the general plan, change in zoning or change in land use is adopted. In addition, notice shall be given for the following: (e) Any sale, lease, rental, encumbrance or exchange of real property held by the City and County; (f) Special assessment districts and protests of special assessment districts; (g) Requests for bids or proposals for the purchase or lease of materials, supplies, equipment, services, construction, work or improvements involving expenditure of $50,000 or more; notice shall also be given after any such award is made; the Board may by ordinance reduce the dollar threshold for such notice; and (h) Polling places and precinct officers for any election.

If any provision of this Charter, or its application to any person or circumstances is held invalid, the remainder of this Charter, and the application of such provision to other persons or circumstances, shall not be affected.

The Mayor, the City Administrator, the Controller, or any board or commission appointed by the Mayor, relative solely to the affairs under its control, may require such periodic or special reports of departmental costs, operations and expenditures, examine the books, papers, records and accounts of, and inquire into matters affecting the conduct of any department or office of the City and County, and for that purpose may hold hearings, subpoena witnesses, administer oaths and compel the production of books, papers, testimony and other evidence. The Board of Supervisors shall have the same powers of inquiry and review, including the power to issue subpoenas and compel the production of evidence, with respect to matters affecting the conduct of any department or office of the City and County.

The headings and captions in this Charter shall have no bearing on the meaning of the text, which shall be the exclusive source for interpretation and construction.

The following sections of the Charter of 1932, as amended, shall remain in effect as a part of this Charter as "Appendix A Employment Provisions," except that in instance of conflict or inconsistency between these sections of the Charter of 1932 and the body of this Charter, this Charter shall prevail, and subject to the following limitations and amendments:

1. All references to sections of "the Charter" or "this Charter" shall be construed to refer to the Charter of 1932, as defined above;
2. All definitions or descriptions included through such references shall remain in force, unless in conflict or inconsistent with definitions or descriptions in this Charter, or unless amended by the Board of Supervisors; and
3. Effective upon adoption of this Charter, references to "wife," "surviving spouse," "widow" or "widower" shall be construed to include "spouse," or "surviving spouse." The following sections from the Charter of 1932, as amended, shall be included in Appendix A with full force and effect, and each

shall be designated with a prefix "A":

Disciplinary Suspensions; Police and Fire Department Suspensions; Exoneration of Charges

Salaries and Wages for Teachers, Muni, Police, Fire and Miscellaneous Employees

The following sections from the Charter of 1932, as amended, shall be included in Appendix B with full force and effect, and each shall be designated with a prefix "B":

The provisions of Appendix B may be amended only pursuant to the provisions of state law governing charter amendments.

The following sections of the Charter of 1932, as amended, shall be included in Appendix C with full force and effect, and each shall be designated with a prefix "C":

PROVISIONS. The following sections from the Charter of 1932, as amended, shall be included in Appendix D with full force and effect, and each shall be designated with a prefix "D":

Department of Building Inspection

The provisions of Appendix D may be amended only pursuant to the provisions of state law governing charter amendments.

Each department of the City and County shall adopt an annual Customer Service Plan, in a format to be determined by the Board of Supervisors by ordinance. The Board may excuse a department from particular requirements of the ordinance where compliance would be inappropriate or impractical. Each department shall file its Customer Service Plan with the Board of Supervisors no later than February 1st of each year, along with a report on how the department met the previous year's Plan, if any. (Added November 1998)

WOULD PLACE 100 ACRES OR MORE OF FILL IN SAN FRANCISCO BAY. (a) The qualified electors of the City and County shall have the right to vote on any Project of the City and County that would place 100 acres or more of fill in San Francisco Bay. (b) Notwithstanding any contrary provisions of the Charter, the approval of any Project that would place 100 acres or more of fill in San Francisco Bay shall be conditioned upon the affirmative vote of a majority vote of the electorate. (c) Within three (3) business days of such conditional approval by any department, board, commission, or other unit of government of the City and County, including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to the provisions of the San Francisco Charter, of any Project that would place 100 acres or more of fill in San Francisco Bay, the approving entity shall provide written notice thereof to the Director of Elections who shall place the measure required by this Section on the ballot at the first general municipal or statewide election which occurs at least one hundred and twenty (120) days after said notice is received by the Director. (d) Ballot measures generated and placed on the ballot pursuant to this Section are not exempt from the California Environmental Quality Act nor any other federal, state or local environmental laws and regulations to which the Project may be subject. Before any action is taken by the City and County to approve a Project that is required by this Section to be submitted to the electorate, the Project must comply with the California Environmental Quality Act. If compliance requires the preparation, consideration and certification of an Environmental Impact Report, that process shall be finalized prior to project approval and the information contained in the final certified Environmental Impact Report shall be made publicly available to the electorate for its consideration prior to the election. (e) The general statement of the ballot measure to be voted on, pursuant to this Section, shall read as follows: Shall the voters approve (insert name of project) that would fill in (insert number) acres of San Francisco Bay? Yes or No The name of the Project to be inserted into the general statement shall be determined by the City Attorney pursuant to Section 510 of the San Francisco Elections Code, or any subsequent amended or renumbered version of Section 510. (f) Definitions. Words and phrases used in this Section shall have the meanings specified in the San Francisco Charter, except that the following words and phrases as used in this Section shall have the following meanings: "Project" or "Project of the City and County" shall mean any activity proposed, sponsored, initiated, or funded by any department, board, commission, or other unit of government of the City and County of San Francisco including any board, commission or other unit of government of the City and County of San Francisco established by state or federal law that is subject to provisions of the San Francisco Charter. "Place fill" or "fill in" shall mean to introduce, or cause to be introduced, earth or any other substance or material, including pilings or structures placed on pilings, and structures floating at some or all times and moored for extended periods. (g) If any part or provision of this Section, or the application thereof to any person or circumstance is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Section are severable. (Added November 2001)

TO RESPOND TO CERTAIN ORDERS OR REQUESTS FOR THE PRODUCTION OF CITY RECORDS. (a) The Board of Supervisors may, by resolution, designate as a "watch law" any state or federal law or regulation that calls for, authorizes, or requires the production by any City officer, employee, agency, department or office of information, records, or other tangible things held by the City, the disclosure of which could violate the rights of any individuals under the State or Federal Constitutions. (b) The Board of Supervisors may provide, by ordinance, that it shall respond on behalf of the City and County of San Francisco to all orders or requests for the production of information, records or other tangible things served on the City and County under any law designated as a watch law. (c) The Board may adopt procedures for expedited consideration of orders or requests for production where necessary to comply with legal deadlines for responding. Prior to acting by resolution of the full Board of Supervisors, the Board may refer the order or request to a committee of its members for a recommendation to the full Board, after consultation with the City Attorney, on an appropriate course of action. To the extent federal or state law would prohibit public disclosure of information that the Board of Supervisors needs to discuss in order to discharge its powers under this Section, the Board may meet in closed session for the limited purpose of discussing that information. (Added March 2004)

The Board of Supervisors may, by a vote of three-fourths of its members, amend or repeal the voter approved Domestic Partnership Ordinance, as codified in Chapter 62 of the San Francisco Administrative Code, as it deems necessary (1) to eliminate any residency requirement for establishing a Domestic Partnership by filing with the County Clerk, (2) to recognize domestic partnerships formed in other jurisdictions to the same extent as marriages formed in other jurisdictions, and (3) to afford domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations and duties as spouses. (Added March 2004) [OUR CHILDREN, OUR FAMILIES COUNCIL]

(a) Definitions. For purposes of this Section 16.129: “City” shall mean the City and County of San Francisco. “Maintenance” (and its root “Maintain”) shall mean those actions necessary to promote the life, growth, health, or beauty of a Tree. Maintenance includes both routine maintenance and major maintenance. Routine maintenance includes adequate watering to ensure the Tree’s growth and sustainability; weed control; removal of Tree-well trash; staking; fertilizing; routine adjustment and timely removal of stakes, ties, Tree guards, and Tree grates; bracing; and Sidewalk repairs related to the Tree’s growth or root system. Major maintenance includes structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the Tree; pest and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; and replacement of dead or damaged Trees. Pruning practices shall be in compliance with International Society of Arboriculture Best Management Practices and ANSI Pruning Standards, whichever is more protective of Tree preservation, or any equivalent standard or standards selected by the Director of the Department of Public Works. “Planting” shall mean putting or setting into the ground or into a container to grow, and irrigating until self-sufficient. “Removal” shall mean any intentional or negligent moving, carrying away, elimination, or taking away of part or all of a Tree. “Sidewalk” shall mean the area between the curbing and the abutting private property lot line, whether paved or unpaved, as legislated by the Board of Supervisors and as reflected in the official maps of the Department of Public Works. “Street Tree” shall mean any Tree growing within the public right-of-way, including unimproved public streets and Sidewalks, and any Tree growing on land under the jurisdiction of the Department of Public Works. “Street Tree” does not include any other forms of landscaping. “Tree” shall mean any perennial, woody or fibrous plant species or cultivar, which reaches a height exceeding 10 feet at maturity, and which supports a branched or un-branched leaf canopy. (b) City Responsibility to Maintain Street Trees. Beginning on July 1, 2017, and except as otherwise required by supervening law, the City shall be responsible for Maintaining Street Trees, including Street Trees planted both before and after July 1, 2017. The City may not adopt any ordinance making it the duty of owners of lots or portions of lots immediately abutting on, fronting on, or adjacent to any Street Tree to Maintain such Street Tree on or after July 1, 2017. Any such ordinance in existence on July 1, 2017, shall, to the extent it conflicts with this Section 16.129, be void. (c) Limitations of Transfer of Responsibility. Nothing in this Section 16.129 shall: (1) affect the rights or responsibilities of the City or property owners with respect to the Removal, establishment, or relocation of a Street Tree; (2) prevent the City from entering into voluntary agreements with third parties for them to assume responsibility for Street Tree Maintenance or continuing to abide by any such prior agreement; (3) prevent the City from imposing any legally permitted penalties or fees on persons who injure, damage, or destroy Trees; or (4) relieve abutting property owners from their responsibility for the care and Maintenance of the Sidewalk and Sidewalk areas adjacent to any Street Tree, other than the responsibility for Sidewalk repairs related to the Tree’s growth or root system, which shall be the responsibility of the City. (d) Limitation of Liability. Beginning on July 1, 2017, any local law imposing liability on property owners that do not Maintain Street Trees for injury or property damage shall not apply to the extent that the injury or property damage occurred on or after July 1, 2017, and was proximately caused by the City’s failure to Maintain a Street Tree under this Section 16.129, but shall otherwise remain applicable. Nothing in this Section 16.129 shall be construed to impose liability on the City for injury or property damage that occurred as a result of the property owner’s responsibility to Maintain a Street Tree prior to July 1, 2017. To the extent that the Maintenance of a Street Tree requires that the City access private property, the City shall attempt in good faith to obtain permission from the owner of the private property. If the owner refuses to grant the City permission to access the private property for the purpose of Maintaining the Street Tree, the City shall have no liability for any damages related to the Maintenance of that Street Tree, and the property owner shall be subject to liability for such damages. (e) No later than April 1, 2017, the Department of Public Works shall submit to the Board of Supervisors recommended amendments to Public Works Code Article 16, including but not limited to Section 805, to conform to this Section 16.129. (f) Creating the Street Tree Maintenance Fund; Annual City Contributions. There shall be a Street Tree Maintenance Fund (the “Fund”). Each fiscal year, beginning in fiscal year 2017-2018, the City shall contribute $19 million to the Fund. The Fund shall also include any other monies appropriated or allocated to the Fund. Beginning in fiscal year 2018-2019, the Controller shall adjust the amount of the City’s annual $19 million contribution to the Fund under this subsection (f) by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Additionally, in determining a

e in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Additionally, in determining aggregate City discretionary revenues, the Controller shall not include revenues received by the City under the increased rates in Business and Tax Regulations Code Sections 953.1(g), 953.2(h), 953.3(h), 953.4(e), 953.5(d), 953.6(f), 953.7(d), and 953.8(i) adopted by the voters at the general municipal election on November 3, 2020, and shall not include revenues received by the City under Article 36 of the Business and Tax Regulations Code adopted by the voters at the general municipal election on November 3, 2020. The change in aggregate discretionary revenues will be adjusted following the end of the fiscal year when final revenues are known. The Controller is authorized to increase or reduce budgetary appropriations as required under this subsection (f) to reflect changes in aggregate discretionary revenues following the end of the fiscal year when final revenues are known. The Controller shall set aside and maintain

the above amounts, together with any interest earned thereon, in the Fund, which shall be subject to appropriation. Any amount unspent or uncommitted at the end of the fiscal year shall be deemed to have been devoted exclusively to a specified purpose within the meaning of Charter Section 9.113(a), shall be carried forward to the next fiscal year, and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes set forth in this Section 16.129. (g) Beginning in fiscal year 2018-2019, the City may suspend growth in the City’s $19 million contribution to the Fund under subsection (f) of this Section 16.129 if the City’s projected budget deficit for the upcoming fiscal year at the time of the Joint Report or Update to the five-year financial plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst exceeds $200 million adjusted annually by changes in aggregate discretionary revenues as defined in subsection (f) of this Section 16.129. (h) Administration and Use of the Fund. The Department of Public Works shall administer the Fund. Monies in the Fund shall only be used for the following purposes: (1) Maintenance and Removal of Street Trees; (2) Necessary costs of administering the Fund; and (3) Making grants totaling up to $500,000 annually to the San Francisco Unified School District exclusively to fund Maintenance and Removal of Trees on School District property. Monies in the Fund shall not be used for Planting new Street Trees, or for grants to the San Francisco Unified School District for the Planting of new Trees on School District property, but may be used to pay the costs of Maintaining and Removing Street Trees that were planted before or after July 1, 2017, and to make grants to the School District to Maintain and Remove Trees that were planted before or after July 1, 2017. (i) Annual Reports. Commencing with a report filed no later than January 1, 2019, covering the fiscal year ending June 30, 2018, the Department of Public Works shall file annually with the Board of Supervisors, by January 1 of each year, a report containing the amount of monies collected in and expended from the Fund during the prior fiscal year, and such other information as the Director of the Department of Public Works, in the Director’s sole discretion, shall deem relevant to the operation of this Section 16.129 . (j) Early Termination. At any time before January 1, 2017, the Mayor, after consulting with his or her Budget Director and the Controller, and after taking into account the City’s projected revenues and expenditures in the City’s financial plans, may terminate implementation of this Section 16.129 by issuing a written notice to the Board of Supervisors and the Controller. The termination shall be irrevocable and apply to this entire Section. Upon the Mayor’s submittal of the notice to the Controller and the Board of Supervisors, this Section 16.129 shall, by operation of law, become inoperative, and the City Attorney shall cause this Section to be removed from the Charter. (Added by Proposition E, Approved 11/8/2016; amended by Proposition B, Approved 11/3/2020; Proposition F, Approved 11/3/2020; Proposition B, Approved 11/8/2022)

(a) The principles stated in subsection (e) of this Section 16.130 constitute the Privacy First Policy of the City and County of San Francisco (“City”) and are intended to provide guidance to the City when considering the adoption of privacy-protective laws, regulations, policies, and practices for the City; the City’s contractors, lessees, and grantees; third parties receiving permits, licenses, or other entitlements from the City; and persons (including businesses and other entities) within the regulatory authority of the City. (b) All parts of City government, including but not limited to boards, commissions, departments, other bodies, and officials, are authorized to implement any or all of these principles consistent with other provisions of the Charter, including this Section 16.130, and City law. (c) Notwithstanding subsection (b), and notwithstanding any other provision of the Charter, the Board of Supervisors shall have authority by ordinance to implement these principles as it deems appropriate. This authority includes imposing requirements that implement any or all of these principles on any or all City boards, commissions, departments, other entities, and officials, and on any or all contractors, lessees, grantees, third parties receiving permits, licenses, or other entitlements, or others, within the jurisdiction of said boards, commissions, departments, other entities, and officials. (d) For purposes of the Privacy First Policy, “Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual. Personal Information includes, but is not limited to, an individual’s name, signature, social security number, physical characteristics or description, address, geolocation data, IP address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, genetic and biometric data, or health insurance information. (e) When considering the adoption of privacy-protective laws, regulations, policies, and practices, the City shall: (1) Engage with and inform individuals and communities likely to be impacted by the collection, storage, sharing, or use of their Personal Information prior to authorizing and prior to any change regarding the collection, storage, sharing, or use of their Personal Information.

(2) Ensure that Personal Information is only collected, stored, shared, or used pursuant to a lawful and authorized purpose. (3) Allow individuals to access Personal Information about themselves that has been collected, and provide access and tools to correct any inaccurate Personal Information. (4) Solicit informed consent to the collection, storage, sharing, or use of Personal Information, and provide alternative and equal access to goods and services for those who deny or revoke consent. (5) Discourage the collection, storage, sharing, or use of Personal Information, including Personal Information that may identify an individual’s race, religion or creed, national origin, gender, sexual orientation, age, physical or mental disability, or other potentially sensitive demographic information, unless necessary to accomplish a lawful and authorized purpose. (6) De-identify data sets, when collected for research, statistical, or other analytical purposes, thereby removing the ability to connect personal characteristics with specific individuals, and implement technical safeguards to prevent re-identification of information. (7) Adopt and make public, or cause to be made public, policies and practices for responding to requests or demands for Personal Information from governmental entities. (8) Allow individuals to move and organize throughout the City without being tracked or located in a manner that subjects them to collection of Personal Information without their consent. (9) Evaluate and mitigate bias or inaccuracy in the collection, storage, sharing, or use of Personal Information, and anticipate potential bias in secondary uses of and algorithms used in connection with Personal Information. (10) Retain Personal Information for only as long as necessary to accomplish a lawful and authorized purpose. (11) Secure Personal Information against unauthorized or unlawful processing or disclosure; unwarranted access, manipulation, or misuse; and accidental loss, destruction, or damage. (f) In furtherance of the Privacy First Policy, the City Administrator, by May 31, 2019, shall propose for consideration by the Board of Supervisors an ordinance establishing criteria and rules that the City shall adhere to (1) in the City’s own practices for the collection, storage, sharing, and use of Personal Information; (2) when entering into contracts, grants, or leases with third parties that are, or may in the future be, in a position to collect, store, share, or use Personal Information in connection with or generated by the contract, grant, or lease; and (3) when issuing permits, licenses, or other entitlements that involve, or may in the future involve, collection, storage, sharing, or use of Personal Information in connection with or generated by the permit, license, or other entitlement. The proposed ordinance may also address criteria and rules regarding collection, storage, sharing, and use of Personal Information by persons (including businesses and other entities) within the City’s regulatory authority. This subsection (f) shall not be construed to restrict the authority of the Board of Supervisors at any time to adopt an ordinance concerning the subjects that are or could be addressed by the City Administrator in the proposed ordinance. (g) No less frequently than every three years following the submission under subsection (f) of the City Administrator’s proposed ordinance, the City Administrator shall provide to the Board of Supervisors and the Mayor a written report describing the City’s implementation of the Privacy First Policy; describing new dimensions of collecting, storing, sharing, and using Personal Information that may present a threat to privacy; and making such recommendations as the City Administrator deems appropriate, including but not limited to recommendations to adopt or amend ordinances regarding the collection, storage, sharing, or use of Personal Information. (h) The principles in subsection (e) underlying the Privacy First Policy are not binding or self-executing but rather are intended as a guide to City boards, commissions, departments, other bodies, and officials, and to the Board of Supervisors, when considering the adoption of privacy-protective laws, regulations, policies, and practices. (i) The Privacy First Policy may not be implemented in a manner that is inconsistent with voter-approved ordinances regarding privacy, open meetings, or public records. Notwithstanding any other provision of the Charter, the Board of Supervisors is authorized by ordinance to amend voter-approved ordinances regarding privacy, open meetings, or public records, provided that any such amendment is not inconsistent with the purpose or intent of the voter-approved ordinance. (j) The Privacy First Policy is not intended in any manner to limit the power of the City to protect privacy by adopting laws, regulations, policies, and practices within the City’s power, whether specified or not specified in this Section 16.130. (k) This Section 16.130 shall not apply to the extent, if any, its application is preempted by federal or state law. (Added by Proposition B, Approved 11/6/2018)

(a) Establishment of Fund. There is hereby established the Student Success Fund (“the Fund”) to be administered by the Department of Children, Youth, and Their Families (the “Department”), or any successor agency. Monies therein shall be expended or used solely by the Department, subject to the budgetary and fiscal provisions of the Charter, for the purposes set forth in this Section 16.131. (b) Purposes of Fund. The purpose of the Fund is to provide additional resources to the San Francisco Unified School District (the “District”) to accomplish grade-level success in core academic subjects and improve social/emotional wellness for all District students.

The Fund will encourage the District to be innovative and creative in improving student outcomes in both areas, so that successful programs may be scaled up. One model to achieve the purposes of this Fund is the community school framework that has been implemented across the country with proven outcomes in academic achievement and student success. Using this framework, students, families, educators, and connected community partners work together with school administrators in determining strategies to serve students who are struggling at their schools, and integrate partners inside and outside of the schools, such as City departments and community-based organizations, to meet student and family needs in order to increase student success and equity in and among schools. To help students succeed in the classroom, this framework bolsters current resources available in schools, and may include academic support, social/emotional interventions, strategies to address persistent poverty and trauma, or support for families to secure stability. Many of these needs can be met within the school by District educators and support staff including but not limited to school nurses, in-classroom tutors, literacy and math specialists, academic coaches, social workers, specialized curriculum, and school psychologists. Other interventions can be achieved with the assistance of community-based organizations and/or City departments including but not limited to programs and assistance to alleviate the impacts of poverty and/or trauma, after-school programming, therapeutic arts and culture programing, and summer school. The Fund is born of a belief that students, parents, educators, and staff of community-based organizations at individual schools are the best situated to determine, within the District’s instructional and community schools framework, the direct interventions and programming that are necessary to help all students achieve academic success and social/emotional wellbeing at their school. The community schools framework continuously monitors programs and practices in each school community to ensure that strategies support student progress and outcomes, and that the entire school community is part of that work. The Fund is also born of a belief that it takes a village to successfully educate students, and the involvement of more caring adults to help students overcome challenges is a building block to their ultimate success. (c) Definitions. “Core Staffing” shall mean the minimum classroom teacher staffing levels required by the District’s collective bargaining agreement with the labor organization representing teachers in the District. For the purposes of this definition, Core Staffing also means the school principal. “Department” shall mean the Department of Children, Youth, and Their Families, or any successor agency. “District” shall mean the San Francisco Unified School District. “Eligible School” shall mean a school in the District serving students at one or more grade levels from pre-kindergarten through 12th grade. The Board of Supervisors may, by ordinance, or the Department may, by regulation, establish criteria or prerequisites for Eligible Schools to receive grants from the Fund. If there is any conflict between an ordinance and a regulation as described in the preceding sentence, the ordinance shall prevail. “Excess ERAF” shall mean the amount of remaining Educational Revenue Augmentation Fund monies allocated to the General Fund in a fiscal year under California Revenue and Taxation Code Section 97.2(d) (4)(B)(i)(III), as that provision may be amended from time to time. “Fund” shall mean the Student Success Fund established by this Section 16.131. “School Site Council” shall mean a council established under California Education Code Section 52852, as that provision may be amended from time to time. The Board of Supervisors may by ordinance modify the meaning of the term “School Site Council” for the purpose of this Section 16.131, provided that the ordinance must require participation by parents, students, community members, and school staff. “Significant Reduction” shall mean a decrease in the amount of Excess ERAF from previous fiscal years such that the amount of anticipated Excess ERAF, as determined by the Controller, in a fiscal year is either (1) 50% less than the amount of Excess ERAF in the immediately preceding fiscal year or (2) 50% less than the amount of Excess ERAF in the fiscal year three years prior. (d) Annual Appropriations to the Fund. (1) In Fiscal Year 2023-2024, the City shall appropriate $11 million to the Fund (an amount that is equivalent to approximately 3.1% of the anticipated value of Excess ERAF for Fiscal Year 2023-24, as projected by the Controller on June 1, 2022). In Fiscal Year 2024-2025, the City shall appropriate $35 million to the Fund (an amount that is equivalent to approximately 9.4% of the anticipated value of Excess ERAF for Fiscal Year 2024-25, as projected by the Controller on June 1, 2022). In Fiscal Year 2025-2026, the City shall appropriate $45 million to the Fund (an amount that is equivalent to approximately 11.5% of the anticipated value of Excess ERAF for Fiscal Year 2025-26, as projected by the Controller on June 1, 2022). In Fiscal Year 2026-2027, the City shall appropriate $60 million to the Fund (an amount that is equivalent to approximately 14.6% of the anticipated value of Excess ERAF for Fiscal Year 2026-27, as projected by the Controller on June 1, 2022). (2) In each year from Fiscal Year 2027-2028 through Fiscal Year 2037-2038, the City shall appropriate to the Fund an amount equal to the prior year’s appropriation, adjusted by the percentage increase or decrease in aggregate discretionary revenues, as determined by the Controller, based on calculations consistent from year to year, provided that the City may not increase appropriations to the F

(2) In each year from Fiscal Year 2027-2028 through Fiscal Year 2037-2038, the City shall appropriate to the Fund an amount equal to the prior year’s appropriation, adjusted by the percentage increase or decrease in aggregate discretionary revenues, as determined by the Controller, based on calculations consistent from year to year, provided that the City may not increase appropriations to the Fund under this subsection (d)(2) by more than 3% in any fiscal year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. (3) Notwithstanding subsections (d)(1) and (d)(2), the City may freeze appropriations to the Fund for any fiscal year after Fiscal Year 2023-2024 at the prior year amounts when the City’s projected budget deficit for the upcoming fiscal year at the time of the March Joint Report or March Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the

Board of Supervisors’ Budget Analyst exceeds $200 million, adjusted annually beginning with Fiscal Year 2023-2024 by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In any such fiscal year, the City also may in its discretion appropriate to the Fund an amount less than the amount required by subsection (d)(1) or (d)(2), as applicable, provided that the City must appropriate at least $35 million to the Fund in each such fiscal year. (4) Notwithstanding subsections (d)(1), (d)(2), or (d)(3), if the Controller determines that there will be a Significant Reduction in Excess ERAF in any fiscal year after Fiscal Year 2023-2024, then the City shall not be required to appropriate the full amount set forth in subsection (d)(1) or (d)(2) for that fiscal year, but the City shall appropriate at least $35 million to the Fund in that fiscal year, in the following manner and sequence: In any such fiscal year, the City shall appropriate monies withdrawn from the separate reserve account under subsection (d)(6) until that account has no remaining funds. If there are no remaining funds in that reserve account, the City shall appropriate monies withdrawn from the City’s Budget Stabilization Reserve established under Charter Section 9.120. If there are no remaining funds in the Budget Stabilization Reserve, the City shall appropriate monies withdrawn from other budget reserve accounts established under Charter Section 9.120. (5) If, at any election after November 8, 2022, the voters of the City enact a special tax measure that dedicates funds for the purposes described in this Section 16.131, the City may reduce the amount of appropriations in subsections (d)(1) and (d)(2) in any subsequent fiscal year by the amount of special tax revenues that the City appropriates for those purposes in that fiscal year. (6) Reserve Account. (A) The Controller shall establish a separate reserve account in the Fund to facilitate additional appropriations and expenditures during fiscal years described in subsections (d)(3) and (d)(4). In any fiscal year described in subsection (d)(3) or (d)(4), the City may appropriate and expend funds from this separate reserve account for the purposes permitted by this Section 16.131, provided that the total amount expended from the Fund in any fiscal year shall not exceed the amount set forth for that fiscal year in subsection (d)(1) or (d)(2). (B) At the end of each fiscal year, the Controller shall deposit in the separate reserve account any monies that were appropriated to the Fund under subsection (d)(1) or (d)(2) but that remain uncommitted, provided that the amount in the separate reserve account shall not exceed $40 million. The Controller shall return to the General Fund any additional monies in the Fund that remain uncommitted. (7) In Fiscal Year 2025-2026 and thereafter, monies from the Fund shall not replace, supplant, count as, or substitute for funding that is included or partially included in the Children and Youth baseline requirements under Section 16.108, the Public Education Enrichment Fund baseline requirements under Section 16.123-2, or any other provision of this Charter that requires the City to provide funding to the District or to services for children and youth. (e) Uses of the Fund to Support School Site Initiatives for Academic Achievement and Social Emotional Wellness of Students. On a funding cycle determined by the Department, the Department shall invite Eligible Schools and the District to apply for grant funding to support academic achievement and social/emotional wellness of students. The Department shall establish after making reasonable efforts to consult with and reach mutual agreement with the District, or the Board of Supervisors may establish by ordinance after requesting input from the District, a simple and accessible grant funding process. If there is any conflict between any ordinance and a regulation described in the preceding sentence or in any other provision in this subsection (e), the ordinance shall prevail. (1) Criteria: The Department, after consultation with the District, shall adopt criteria, and the Board of Supervisors may by ordinance adopt criteria, establishing the qualifications for Eligible Schools to receive a Student Success Grant or a Technical Assistance Grant, or for the District to receive a District Innovation Grant in coordination with one or more Eligible Schools. At minimum, to receive a Student Success Grant under subsection (e)(2), each Eligible School, including Eligible Schools covered by a District Innovation Grant, must meet the following criteria: (A) The Eligible School must have a School Site Council that has endorsed the Eligible School’s grant funding proposal and has committed to supporting the implementation of the programs and/or staffing funded by the grant either before the award of the grant or within the first year of the grant being awarded. (B) The Eligible School must have a full-time Community School Coordinator, or must plan to hire and in fact hire a Community School Coordinator, who will serve in a leadership role working alongside the Eligible School’s principal in implementing the grant and ensuring that the programs funded by the grant integrate with and enhance the Eligible School’s academic programs, social/emotional supports, and other programming. If there is a program or a community-based organization integrally connected to the Eligible School that provides on-site services and support for students and their families, including without limitation an after-school, Beacon, or other program, the Community School Coordinator must fully integrate these programs or organizations so they work together to enhance the academic learning and social/emotional support that occurs during the regular

zation integrally connected to the Eligible School that provides on-site services and support for students and their families, including without limitation an after-school, Beacon, or other program, the Community School Coordinator must fully integrate these programs or organizations so they work together to enhance the academic learning and social/emotional support that occurs during the regular school day. The Community School Coordinator must participate in the School Site Council to help it gain and maintain the skills and capacity to meaningfully reflect the values of the school community and support the implementation of programs funded by each Student Success Fund Grant. The District or the Eligible School may pay for the Community School Coordinator with monies allocated through Student Success Grants or Technical Assistance Grants. (C) The Eligible School must agree to coordinate with City departments and with the District’s administration to ensure that all resources, strategies, and programs at the Eligible School best serve students and their families. If the Eligible School implements initiatives that advance innovative student support models and strategies but are not funded by a grant under the Fund (for example, but without limitation, Beacon, ExCEL, or Promised Neighborhoods programs, or other partnerships with community-based organizations), then the Eligible School must demonstrate to the Department how programs supported by the grant will coordinate with, align with, and share leadership with those other initiatives. Eligible Schools’ initiatives should utilize the state-mandated school plan to ensure a coherent approach and align resources allocation with student outcomes in both academic achievement and social/emotional wellness. (2) Student Success Grants: The Department shall provide a Student Success Grant to each Eligible School that the Department,

after consultation with the District, determines is capable of successfully implementing the District’s instructional and community schools frameworks or other evidence-based school improvement strategies, based on the school’s application. The Department shall establish criteria, or the Board of Supervisors may establish criteria by ordinance, to prioritize grants to schools demonstrating low academic achievement and/or with a high number of vulnerable students, including but not limited to English language learners, foster youth, students eligible for free or reduced-price meals, homeless students, and students who are otherwise vulnerable or underserved. To determine whether an Eligible School has demonstrated low academic achievement, the Department shall rely on ratings prepared by the State and/or the District. The Department may determine the amount of each Student Success Grant, up to a maximum amount of $1 million per fiscal year. In addition to other uses consistent with this Section 16.131, a Student Success Grant may fund the Eligible School’s staffing costs associated with administering the programs funded by the grant, including the Eligible School’s Community School Coordinator. The Department may develop a process for working with Eligible Schools to determine alternative programs for the use of grant funds where the Department finds that the Eligible School’s initial proposal does not align with the Department’s criteria. (3) Technical Assistance Grants: If the Department determines that an Eligible School does not have the organizational capacity to implement a community school model in the next fiscal year, the Department may award that Eligible School a Technical Assistance Grant, which shall be a grant to provide technical assistance to prepare and assist a school community and its School Site Council to gain the skills and capacity to apply for additional grants in future fiscal years. (4) District Innovation Grants: The Department may also provide grants to the District if the District applies for funding to plan or implement innovative programs designed to enhance student achievement or social/emotional wellness at an Eligible School or group of Eligible Schools. Such programs may but need not be pilot programs. The Department may determine the amount of each District Innovation Grant based on criteria adopted by the Department, or by the Board of Supervisors by ordinance. Any such criteria shall prioritize programs in Eligible Schools demonstrating low academic achievement and/or with a high number of vulnerable students, including but not limited to English language learners, foster youth, students eligible for free or reduced-price meals, homeless students, and students who are otherwise vulnerable or underserved. (5) Restrictions on Uses of Student Success Grants and Technical Assistance Grants: Eligible Schools may not use Student Success Grants or Technical Assistance Grants to pay for the Eligible School’s or the District’s costs to provide Core Staffing. (6) School District Coordinator: Notwithstanding any other provisions in this subsection (e), the Department shall not issue any grants to Eligible Schools or the District unless the District has at least one full-time employee or full-time employee equivalent dedicated to managing and coordinating the community school framework District-wide, and providing training and support for each Eligible School’s Community School Coordinator; or unless the District is in the process of selecting and hiring a full-time employee to perform those functions. (7) Outcomes and Goal Measurement: The Department, in consultation with the District, shall establish clearly defined goals and measurable outcomes for each grant and for the interventions and programs supported by the Fund overall. The Department, in consultation with the District, also shall establish a report structure and template for Eligible Schools, the District, and the Department to evaluate the effectiveness of those interventions and programs. The Department’s compliance standards and evaluations for Eligible Schools shall complement and align with those of existing evaluation structures, such as, but not limited to, quality practices of the San Francisco Beacon Initiative, 21st Century Community Learning Centers Program, and ExCel After School Programs, and any new similar out-of-school programs that the District may implement over time. (8) Ordinances: The Board of Supervisors may enact ordinances setting forth additional criteria, restrictions, procedures, or guidelines, including but not limited to additional permissible or prohibited uses of grant funds. (f) Uses of the Fund for Administration by City Departments and the District. The City may appropriate up to 3.5% of the monies appropriated from the Fund each fiscal year to City departments to implement this Section 16.131 and administer the grant programs. Additionally, the District may retain up to 3.5% of each Student Success Grant or Technical Assistance Grant to cover the District’s expenses to comply with the administrative, implementation, and reporting requirements in this Section 16.131 . (g) Reports. As a condition of each grant provided under this Section 16.131 , the Department shall require the District and Eligible School to provide the Department with data documenting the student outcomes, both academic and social/emotional, of the programs funded by the grants, to the extent permitted by State and federal law. Based on this data and other information available to the Department, the Department shall regularly assess the outcomes of the grant programs to evaluate how they are serving students, communities, and schools to meet the goals of improving student academic and social/emotional wellness outcomes. Each year by no later than May 1, the Department shall submit to the Mayor and the Board of Supervisors a report covering t

other information available to the Department, the Department shall regularly assess the outcomes of the grant programs to evaluate how they are serving students, communities, and schools to meet the goals of improving student academic and social/emotional wellness outcomes. Each year by no later than May 1, the Department shall submit to the Mayor and the Board of Supervisors a report covering the prior calendar year and providing information about the uses of grants awarded under the Fund and data regarding outcomes from the grant funding. (h) Expiration. This Section 16.131 shall expire by operation of law on December 31, 2038, following which the City Attorney may cause it to be removed from the Charter unless the Section is extended by the voters. (Added by Proposition G, Approved 11/8/2022; amended by Proposition J, Approved 11/5/2024)

FUND FOR SENIORS, FAMILIES, AND PEOPLE WITH DISABILITIES.

(a) Establishment of Fund. There is hereby established the Affordable Housing Opportunity Fund for Seniors, Families, and People with Disabilities (“Fund”) to be administered by the Mayor’s Office of Housing and Community Development (“MOHCD”), or any successor agency. Monies therein shall be expended or used solely by MOHCD, subject to the budgetary and fiscal provisions of the Charter. Monies in the Fund shall accumulate interest which shall be credited to the Fund, provided that the balance in the Fund exceeds $50,000. Any unexpended and unencumbered balance remaining in the Fund at the close of any fiscal year shall be accumulated to the Fund. (b) Purpose of Fund. The purpose of the Fund is to increase and fund project-based rent subsidies for permanently affordable housing to make rents affordable for Extremely Low-Income Households. (c) Definitions. “Acutely Low-Income Disabled Persons” shall mean households consisting of persons eligible for accessible units for disabled households and earning up to 15% of Median Income. “Acutely Low-Income Seniors” shall mean households consisting of seniors and earning up to 15% of Median Income. “Extremely Low-Income Disabled Persons” shall mean households consisting of persons eligible for accessible units for disabled households and earning up to 25% of Median Income, and including Acutely Low-Income Disabled Persons. “Extremely Low-Income Families” shall mean single adults or families earning up to 35% of Median Income. “Extremely Low-Income Households” shall mean, collectively, Extremely Low-Income Disabled Persons, Extremely Low-Income Families, and Extremely Low-Income Seniors. “Extremely Low-Income Seniors” shall mean households consisting of seniors and earning up to 25% of Median Income, and including Acutely Low-Income Seniors. “Fund” shall mean the Affordable Housing Opportunity Fund for Seniors, Families, and People With Disabilities, established in this Section 16.132. “Housing Preservation Program” shall mean a program administered by MOHCD to preserve multifamily residential buildings or buildings with SRO Units as Permanent Affordable Housing that are at risk of loss of affordability or at risk of loss of the opportunity to create permanent housing affordability, due to vacancy decontrol or market speculation, and/or at risk due to their physical condition and need for life safety improvements. “LOSP” shall mean the City’s Local Operating Subsidy Program that provides operating subsidies to residential buildings providing supportive housing for homeless individuals and families. “Median Income” means the median income published annually by MOHCD for the City and County of San Francisco, adjusted solely for household size, and derived in part from the income limits and area median income determined by the United States Department of Housing and Urban Development for the San Francisco area, but not adjusted for a high housing cost area. “MOHCD” shall mean the Mayor’s Office of Housing and Community Development, or any successor agency. “Permanent Affordable Housing” shall mean a multifamily housing building or a building with SRO Units that is: (1) regulated and monitored by the City under a recorded deed restriction, recorded regulatory agreement, and/or ground lease ensuring permanent affordability for the useful life of the property but for no less than 75 years; (2) 100% of the residential units are restricted to income qualified households (except any manager units) with a maximum average of not more than 80% of Median Income across all units in a project, but not to exceed 120% of Median Income for any unit; and (3) with a rent for all units in a project affordable to such households, at initial residence and at re-rental at no more than 30% of the maximum household income. Permanent Affordable Housing may include principally permitted non-residential uses on the ground floor, and non-residential uses that are accessory to and supportive of the affordable housing. “Senior Housing” shall mean a multifamily residential building that is specifically designed for and occupied by senior households and complies with all applicable federal and state fair housing laws. “Senior Operating Subsidies (SOS) Program Fund” shall refer to the program established to receive any monies appropriated or donated for the purpose of providing project-based subsidies to new senior affordable housing developments funded by the City to maintain rents that are affordable to extremely low-income senior residents with incomes at or below 30% of Median Income, or any successor program. “SRO Unit” shall mean a Single Room Occupancy Unit and shall mean a dwelling unit or group housing room consisting of the following: (1) no more than one occupied room with a maximum gross floor area of 350 square feet and meeting the Housing Code’s minimum floor area standards; (2) which may have a bathroom in addition to the occupied room; and (3) as a dwelling unit, has a cooking facility and bathroom or, as a group housing room, it shares a kitchen with one or more other single room occupancy unit(s) in the same building and may also share a bathroom. (d) Annual Appropriations to the Fund. (1) In Fiscal Year 2026-2027, except as provided in subsection (d)(3), the City shall appropriate $8.25 million to the Fund. (2) In each year after Fiscal Year 2026-2027, and through Fiscal Year 2045-2046, the City shall appropriate to the Fund an amount not less than the prior year’s appropriation, adjusted by the percentage increase or decrease in aggregate discretionary revenues, as determined by the Controller, based on calculations consistent from year to year, provided that the City may not increase appropriations to the Fund under this subsection (d)(2) by more than 3% in any fiscal year. In determining aggregate City discretionary revenues, the

Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. (3) Notwithstanding subsections (d)(1) and (d)(2), the City may reduce the amount appropriated to the Fund in any fiscal year when the City’s projected budget deficit for the upcoming fiscal year at the time of the March Joint Report or March Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst exceeds $250 million, adjusted annually beginning with Fiscal Year 2026-2027 by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year; provided, however, that the amount appropriated to the Fund in Fiscal Year 2026-2027 shall be no less than $4 million and, thereafter, must be no less than $8.25 million in each fiscal year. (4) The Controller shall set aside and maintain appropriations, together with any interest earned thereon, in the Fund. (5) Commencing with a report filed no later than March 1, 2025, the Controller shall file annually with the Board of Supervisors, by March 1 of each year, a report containing the amount of monies from each non-general fund source projected to be available that may be appropriated to the Fund under this subsection (d). (e) Uses of the Fund. The City, acting through MOHCD, shall disburse monies from the Fund through grants or other types of payments, on terms determined by MOHCD in its sole discretion. Any repayment of a grant or other payment from the Fund that the City receives will be returned to the Fund. Monies in the Fund shall be used to provide project-based rent subsidies only for new and existing Permanent Affordable Housing, provided that no more than 20% of annual funding from the Fund shall be used for the purpose of subsidizing existing Permanent Affordable Housing. Monies in the Fund shall be used to allow: (1) Extremely Low-Income Seniors to afford a unit with rent restricted at 30% of 60% of Median Income in new or existing Permanent Affordable Housing that is Senior Housing and such households to pay a maximum rent not to exceed 30% of 15% of Median Income or 30% of 25% of Median Income, as applicable to the household’s income, with priority for Senior Housing that provides housing to persons at or over the age of 62; or (2) Extremely Low-Income Families, prioritizing families with children, to afford a unit with rent restricted at 30% of 60% of Median Income in new or existing Permanent Affordable Housing, including a building with SRO Units, and such households to pay a maximum rent not to exceed 30% of 35% of Median Income; or (3) Extremely Low-Income Disabled Persons to afford new or existing accessible units designated and designed for disabled households in Permanent Affordable Housing with rent restricted at 30% of 60% of Median Income and such households to pay a maximum rent not to exceed 30% of 15% of Median Income or 30% of 25% of Median Income, as applicable to the household’s income; or (4) Extremely Low-Income Households to afford a unit with rent restricted at 30% of 60% of Median Income in an existing multifamily residential building, including an existing building with SRO Units, that will be acquired and preserved as Permanently Affordable Housing through funding under a Housing Preservation Program and such households to pay a maximum rent not to exceed 30% of 15% of Median Income, 30% of 25% of Median Income, or 30% of 35% of Median Income, as applicable to the household’s income. Monies in the Fund shall not be used to provide rent subsidies directly to tenants to lease residential units, to provide subsidies for the sole purpose of an operating deficit, or to provide any other form of housing assistance that is not supporting Extremely Low-Income Households to afford a Permanent Affordable Housing unit. Except for expanding the availability of existing Senior Operating Subsidies (SOS) Program Fund programs, monies in the Fund shall not be used to replace or supplant funding for other rent subsidy programs existing as of the date this Section 16.132 was added to the Charter, including, but not limited to, LOSP housing or its successor programs. (f) Implementation Policies and Annual Report. (1) No later than June 1, 2025, MOHCD shall publish a report describing and analyzing implementation policy options that would maximize the number of ELI affordable senior, family, and accessible units through the provision of project-based rent subsidies in both new affordable housing and preservation projects. (2) Beginning with the end of Fiscal Year 2026-2027, within 150 days of the end of each fiscal year, MOHCD shall file with the Board of Supervisors a report describing the status of any project authorized to be funded under this Section 16.132. MOHCD may combine such report with any other annual reporting obligations to the Board of Supervisors. (g) Legislation. The City may enact ordinances establishing additional requirements for use of the Fund consistent with the purpose of this Section 16.132 . (h) Expiration. This Section 16.132 shall expire by operation of law on December 31, 2046, following which the City Attorney may cause it to be removed from the Charter unless the Section is extended by voters. (Added by Proposition G, Approved 11/5/2024)

THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT;

DATA SHARING AGREEMENT. Beginning July 1, 2026 or a later date established by ordinance, the City may not make any payment to the San Francisco Unified School District (“District”) not required by this Charter or State law unless the District has entered into a data-sharing agreement with the City, under which the District agrees to share any appropriate and relevant data with the Our Children, Our Families Initiative, Department of Children, Youth, and Their Families, and the Department of Early Childhood (or any successor agency) during the period in which the District will use the discretionary funds. Any data-sharing agreement between the District and the City shall include terms requiring compliance with applicable State and Federal student privacy laws. (Added by Proposition J, Approved 11/5/2024)