HomeMy WebLinkAboutCity Charter 2011
CHARTER
of the
City of San Luis Obispo
California
Adopted on June 6, 1978
With Amendments Adopted Through
August 30, 2011
Filed with the Secretary of State
State of California
September 28, 2011
TABLE OF CONTENTS
TITLE DESCRIPTION PAGE NO.
ARTICLE I. Incorporation and Application............................................………………. 1
ARTICLE II. Form and Powers of Municipality.......................................……………… 2
ARTICLE III. Municipal Elections........................................................…………………. 3
ARTICLE IV. Elective Officials...........................................................………………….. 4
ARTICLE V. Council Powers and Procedures.........................................……………… 7
ARTICLE VI. Legislative Actions.........................................................………………… 8
ARTICLE VII. Appointive Officials.................................................…......……………... 10
ARTICLE VIII. Fiscal Administration......................................................……………….. 13
ARTICLE IX. Public Works Contracts...................................................………………. 15
ARTICLE X. Licenses and Franchises...................................................………………. 18
ARTICLE XI. Personnel Administration..................................................……………… 21
ARTICLE XII. Boards and Commissions..................................................……………… 22
INDEX ................................................................................……………………... 24
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ARTICLE I. INCORPORATION AND APPLICATION
SECTION 101. Name of the City.
The Municipal Corporation now existing and known as "The City of San Luis Obispo" shall
remain and continue a body politic and corporate, as at present, in fact and in law, and by such
name shall have perpetual succession.
SECTION 102. Boundaries.
The boundaries of the City of San Luis Obispo shall continue as now established until
changed in a manner authorized by law.
SECTION 103. Effective Date of Charter.
This Charter shall not take effect until accepted and filed by the Secretary of State pursuant
to the provisions of Section 34464 of the Government Code.
SECTION 104. General Law Applicable.
All general laws of the State applicable to municipal corporations, now or hereafter enacted
and which are not in conflict with the provisions of this Charter or with ordinances or resolutions
adopted in pursuance of this Charter, shall be applicable to the City.
SECTION 105. Amendments.
This Charter may be amended in accordance with the provisions of the Constitution and
laws of the State of California.
SECTION 106. Definitions.
When used in this Charter the masculine gender includes the feminine and neuter. The
present tense includes the past and future tenses, and the future, the present. The singular number
includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is permissive.
"Oath" includes affirmation.
The word "City" wherever it occurs in this Charter, means the City of San Luis Obispo, and
every Commissioner, Commission, Board, Officer, Employee, wherever mentioned in this Charter
means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may
be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the
Council of the City of San Luis Obispo.
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SECTION 107. Conflicts.
Any municipal ordinance, resolution, or motion duly approved by the City Council which is
in effect at the time this Charter is made effective shall continue in force unless it is in conflict with
any provision of this Charter, at which time it shall become null and void.
SECTION 108. Validity of Charter.
If any section, subsection, sentence, clause or phrase of this Charter is for any reason held to
be unconstitutional or void, such decision shall not affect the validity of the remaining separable
portions of this Charter. The people of the City of San Luis Obispo hereby declare that they would
have adopted this Charter and each section, subsection, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or void.
SECTION 109. Violation of Charter.
The violation of any provision of this Charter shall be deemed a misdemeanor, and may be
prosecuted by the authorities of the City in the name of the people of the State of California, or may
be redressed by civil action, at the option of said authorities. The maximum penalty upon
conviction for the violation of any provision of this Charter shall be a fine not exceeding one
thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year or both such
fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of
this Charter may be imprisoned in the County jail of the county in which the City of San Luis
Obispo is situated. The City Manager shall be responsible for the enforcement of the provisions of
the Charter.
ARTICLE II. FORM AND POWERS OF MUNICIPALITY
SECTION 201. Form of Government.
The municipal government provided by this Charter shall be known as the "Council-Mayor-
City Manager" form of municipal government.
SECTION 202. Governing Body.
All power herein granted to and vested in the City of San Luis Obispo shall, except as
herein otherwise provided, be exercised by a Council to be designated the Council of the City. The
Council shall be the governing body of the City and, subject to express limitations of this Charter,
shall be vested with all powers of legislation in municipal affairs adequate to a complete system of
local government consistent with the Constitution and laws of the State of California.
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SECTION 203. Powers of City.
The City shall have the power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in this
Charter and in the constitution and laws of the State of California. It shall also have the power to
exercise any and all rights, powers and privileges heretofore or hereafter established, granted or
prescribed by any law of the State, by this Charter, or by other lawful authority, or which a
municipal corporation might or could exercise under the Constitution and laws of the State of
California. The enumeration in this Charter of any particular power shall not be held to be
exclusive of or any limitation upon this general grant of power.
SECTION 204. Organization of City Government.
After obtaining and considering the recommendations of the City Manager, the Council
shall provide by ordinance or resolution, not inconsistent with this Charter, for the powers and
duties of all officials and employees of the City and for the organization, function, conduct, and
operation of the various departments of the City and may provide for the creation of additional
departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition.
SECTION 205. Consolidation of Functions.
The Council may transfer or consolidate functions of the City government to or with
appropriate functions of the State or County government, or may make use of such functions of the
State or County government, and in case of any such transfer or consolidation, the provisions of this
Charter providing for the function of the City government so transferred or consolidated, shall be
deemed suspended during the continuance of such transfer or consolidation, to the extent that such
suspension is made necessary or convenient and is set forth in the ordinance or resolution
establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in
like manner.
ARTICLE III. MUNICIPAL ELECTIONS
SECTION 301. Procedure.
Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in
accordance with the provisions of the Elections Code of the State of California, as the same now
exists or may hereafter be amended.
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SECTION 302. General Municipal Elections.
General municipal elections to fill elective offices shall be held in the City on the first
Tuesday after the first Monday in November in each even-numbered year.
SECTION 303. Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of general
law, or by ordinance, shall be known as special municipal elections.
SECTION 304. Initiative, Referendum and Recall.
The provisions of the Elections Code of the State of California, as the same now exists or
may hereafter be amended governing the initiative, referendum and recall of municipal officers,
shall apply to the use thereof in this City insofar as the provisions of the Elections Code are not in
conflict with this Charter.
ARTICLE IV. ELECTIVE OFFICIALS
SECTION 401. Enumeration.
The elective officers of the City of San Luis Obispo shall be a Mayor and four Council
Members each of whom, including the Mayor, shall have the right to vote on all questions coming
before the Council.
SECTION 402. Election at Large.
The Mayor shall be elected at the general municipal election on a general ticket from the
City at large.
The Council Members shall be elected at the general municipal election from the City at
large, two being selected biennially.
SECTION 403. Eligibility for Office.
No person shall be eligible for election to, or to hold, the office of Mayor or Council
Member of said City unless said person is and shall have been a resident thereof, or of territory
legally annexed thereto, on or prior to the date of such election or appointment, for at least thirty
(30) days next preceding said person's election thereto or appointment to fill a vacancy therein, and
is an elector thereof at the time of such election or appointment.
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SECTION 404. Terms of Office.
(A) The term of the Mayor shall be two years, and the terms of the Council Members shall
be four years.
(B) Terms shall commence on the first day of December at twelve o'clock noon following
the election and each shall serve until a successor is elected or appointed and qualified. Ties in
voting shall be settled by the casting of lots.
SECTION 405. Limitation of Terms.
Neither the Mayor nor any member of the Council shall serve in the same office for more
than eight (8) years in succession; provided, however, that any time in office resulting from a partial
term which is less than one-half (1/2) the length of the full term for that office, shall not be
considered.
SECTION 406. Vacancies.
An elective office becomes vacant when the incumbent thereof dies, resigns, is removed
from office under recall proceedings, is adjudged insane, convicted of a felony, or of an offense
involving a violation of the Mayor or Council Member's official duties, or ceases to be a resident of
the City, or has been absent from the State without leave granted by the City Council for more than
sixty (60) consecutive days, or fails to attend the meetings of the Council for a like period without
being excused there from by said body.
A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at
the next regular municipal election following not less than seventy-two (72) days upon the
occurrence of the vacancy, but the Council by a majority vote of its remaining members shall
appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the
unexpired term or new term takes office. If the term still has two (2) years until expiration at the
time of the next regular municipal election, the election to that seat shall be separated from the
election for the other Council candidates. If the Council fails to fill the vacancy within thirty (30)
days following its occurrence, it shall call a special municipal election to fill the vacancy, to be held
not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the
occurrence of the vacancy. The election shall be governed by the provisions of Article III.
A person elected to fill a Council vacancy for an unexpired term shall take office on the first
Tuesday following his election. Notwithstanding any other provisions of this Charter, a minority of
the members of the Council may fill vacancies on the Council by appointment in the event that a
majority of the Council seats becomes vacant.
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SECTION 407. Mayor - Powers and Duties.
The Mayor shall preside at all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The Mayor
shall be entitled to, and must vote when present, but shall possess no veto power. As presiding
officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the
City Manager in matters of policy. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes.
SECTION 408. Mayor Pro Tempore
The Council shall elect one of its members to be Vice Mayor. During the temporary
absence or disability of the Mayor, the Vice Mayor shall act as Mayor Pro Tempore. In case of the
temporary absence or disability of both the Mayor and Vice Mayor, the Council shall elect one of
its members to be Mayor Pro Tempore. In case of vacancy in the office of Mayor, the Vice Mayor
shall act as Mayor until such vacancy can be filled as provided in this Charter.
SECTION 409. Council Member to Hold No Other Office.
No member of the Council shall hold any other municipal office or hold any office or
employment, the compensation of which is paid out of the municipal monies; nor be elected or
appointed to any office created or compensation of which is increased by the Council, while a
member thereof, until one year after the expiration of the term for which elected.
SECTION 410. Compensation.
The Mayor and each Council Member shall receive compensation for services payable
according to the regular City payroll schedule, with the Mayor receiving greater compensation than
the other Council Members.
Compensation for Mayor and Council Members shall be reviewed biennially in even-
numbered years. When warranted, said compensation may be adjusted by Council resolution, to be
effective the first full pay period in January of the year following the review. The compensation
rate may be revised by the electorate by initiative.
Mayor and Council Member expenses incurred for official business shall be reimbursed.
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ARTICLE V. COUNCIL POWERS AND PROCEDURES
SECTION 501. General Powers of the Council.
Subject to the provisions and restrictions contained in this Charter and the delegation of
power, if any, to any person, Officer, Board, or Commission, the Council shall have the power in
the name of the City, to do and perform all acts and things appropriate to a municipal corporation
and the general welfare of its inhabitants and which are not specifically forbidden by the
Constitution and laws of the State of California, or which now or hereafter it would be competent
for this Charter to specifically enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be
exclusive of, or a limitation of, the foregoing general grant of powers.
SECTION 502. Meetings of Council.
The Council shall provide by ordinance for the time and place of holding its meetings and
the manner in which its special meetings may be called. Public interest and convenience shall be
the primary considerations when decisions are made as to time, location, and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the
public.
SECTION 503. Quorum.
A majority of the Council Members shall constitute a quorum for the transaction of
business.
SECTION 504. Rules of Procedure.
The Council shall determine its own rules of procedures.
SECTION 505. Voting.
The ayes and noes shall be taken upon the passage of all ordinances and resolutions and
entered upon the journal of the proceedings of the Council. Upon the request of any member, the
ayes and noes shall be taken and recorded on any vote. All members, when present, must vote,
except in the case of a recusal due to a conflict of interest. Failure or refusal to vote shall be
construed as an affirmative vote.
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SECTION 506. Majority Rule.
No ordinance, resolution or motion shall be passed or become effective without receiving
the affirmative vote of at least three (3) members of the Council.
SECTION 507. Administering Oaths: Subpoenas.
Each member of the Council shall have the power to administer oaths and affirmations in
any investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the production of evidence before it. Subpoenas may be issued in the name of
the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify
(upon other than constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of this State.
SECTION 508. Limitations.
No member of the Council shall be appointed to or serve as a voting member of any City
Board, Committee, Commission, or Authority, whether composed of citizen volunteers, City
employees, or a combination of both. This is not to be construed as prohibiting members of the
Council from serving on Committees or subcommittees of the Council itself, or of agencies
representing other levels of government.
ARTICLE VI. LEGISLATIVE ACTIONS
SECTION 601. Method of Action by Council.
All action by the Council shall be taken only by means of ordinance, resolution, or oral
motion duly made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall become a
part of the Municipal Code and so remain until amended or voided. All municipal laws relating to
taxation or to possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the
Council.
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SECTION 602. Requirements of Ordinances.
(A) With the sole exception of ordinances which take effect upon adoption referred to in
this article, no ordinance shall be passed by the Council on the day of its introduction nor within
five (5) days thereafter, nor until its publication at least once in full in a newspaper of the City of
San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made
thereto before the final adoption of the ordinance, the amended portion or portions of said
ordinance must in like manner be republished at least one (1) day before its adoption as amended,
provided that no less than a full subsection shall be published. The correction of typographical or
clerical errors shall not constitute an amendment within the meaning of the foregoing sentence.
(B) The publication of ordinances as required by subdivision (A) may be satisfied by the
publication of a summary of the proposed ordinance in lieu of publication of the full text as
required in subdivision (A). At the time the proposed ordinance is introduced, the Council shall
determine whether the full text of the ordinance shall be published or whether a summary shall be
published; if the Council fails to so determine, the full text shall be published. If the Council
determines that a summary shall be published, the summary shall be approved by the City Attorney.
A copy of the full text of the proposed ordinance shall be on file in the office of the City Clerk on
and after the first business day following its introduction, and shall be available to any interested
member of the public.
SECTION 603. Enactment.
The enacting clause of every ordinance passed by the Council shall be: "Be it ordained by
the Council of the City of San Luis Obispo." The enacting clause of every ordinance initiated by
the people shall be: "Be it ordained by the People of the City of San Luis Obispo."
SECTION 604. Effectiveness.
Except as otherwise provided in this Charter, every ordinance and every measure passed by
the Council shall go into effect at the expiration of thirty (30) days after its final passage, unless
otherwise provided in said ordinance or measure; provided, however, that no such ordinance or
measure shall go into effect in less than thirty (30) days from its final passage. But ordinances
declared by the Council to be necessary as emergency measures as hereinafter provided, ordinances
relating to public improvements, the cost of which is to be borne wholly or in part by special
assessments, and taxing ordinances, may go into effect at the will of the Council.
SECTION 605. Emergency Legislation.
Any ordinance declared by the Council to be necessary as an emergency measure, for
preserving the public peace, health or safety, and containing a statement of the reasons for its
urgency, may be introduced and adopted at once at the same meeting if passed by at least four (4)
affirmative votes.
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SECTION 606. Amending Ordinances.
No ordinance shall be amended by reference to its title, but the subsections thereof to be
amended shall be re-enacted at length as amended; and any amendments passed contrary to the
provisions of this section shall be void.
SECTION 607. Repeal.
No ordinance or section thereof shall be repealed except by an ordinance adopted in the
manner provided in this Charter. This is not to prohibit the voiding or expiration of any ordinance
when such voiding or expiration is provided for in the ordinance itself.
SECTION 608. Codification of Ordinances.
Any or all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, may be compiled and
codified in accordance with the provisions of the laws of the State of California as the same now
exist or may hereafter be amended.
Detailed regulations pertaining to the construction of buildings, plumbing and wiring, fire
prevention and similar matters, when arranged as a comprehensive code, may likewise be adopted
by reference in the manner provided by State law.
SECTION 609. Violation of Ordinances.
The violation of any ordinance adopted and published by the City Council shall constitute a
misdemeanor unless by ordinance it is made an infraction, provided that the City Attorney may
elect to prosecute any misdemeanor as an infraction. Both misdemeanors and infractions may be
prosecuted or may be redressed in the manner provided by the general law of the State.
ARTICLE VII. APPOINTIVE OFFICIALS
SECTION 701. General Description.
The officials of the City of San Luis Obispo shall consist of a City Manager and a City
Attorney. Such officials shall be appointed by and may be removed only by the affirmative votes of
a majority of the members of the Council. All other officials and department heads of the City shall
be appointed by and may be removed by the City Manager.
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SECTION 702. Duties of Officials and Employees.
After obtaining and considering the recommendations of the City Manager, the Council
shall provide in a manner not inconsistent with this Charter, for the powers and duties of all
officials and employees of the City.
SECTION 703. City Manager.
The City Manager shall be the administrative head of the government of the City. As such,
the City Manager shall be responsible to the Council for the efficient implementation of its policy
and effective administration of all the affairs of the City government that the office controls. Any
action, determination or omission of the City Manager or staff shall be subject to review by the
Council but no individual Council Member or the Mayor shall overrule, change or modify any such
action, determination or omission except by affirmative vote of at least three (3) members of said
Council at a duly constituted session.
The City Manager shall advise and make recommendations to the Council concerning any
conditions or governmental situations that need Council direction or policy determination.
The City Manager will insure that the Council, as a whole or as individuals, is permitted
timely and complete freedom of access to requested information.
SECTION 704. Qualifications.
The City Manager shall be chosen on the basis of administrative qualifications; need not be
a resident of the City or the State at the time of appointment, but during tenure in office shall reside
within the City.
SECTION 705. Eligibility of Council Members.
No member of the City Council shall, during the term for which elected or appointed, or for
one year thereafter, be eligible to hold the position of City Manager.
SECTION 706. Combining of Offices.
Where the positions are not incompatible, the Council may combine in one person the
powers and duties of two or more offices created or provided for in the Charter.
SECTION 707. Nepotism.
The Council shall not appoint to a salaried position under the City government, any person
who is a relative by blood or marriage within the third degree of any one or more members of such
Council, and neither shall any department head or other officer having appointive power appoint
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any relative of the Council or themselves within such degree to any such position. Nothing herein
shall prevent the City Manager from supplementing the provisions of this section.
SECTION 708. Equal Opportunity Employment.
All persons seeking employment with the City and all City employees shall be treated
equally and without discrimination prohibited by Federal, State or local laws.
SECTION 709. Employment Policy.
The City Council shall adopt Personnel Regulations by ordinance or resolution, prescribing
hiring, discharge and performance standards for Council appointees, department heads, and other
appointive officials.
No official appointed by the City Council shall be terminated within the three (3) months
following a municipal election. No official subject to appointment by the City Manager shall be
terminated within the three (3) months immediately following the appointment of a new City
Manager. Any notice of termination, transfer, or demotion shall state the effective date of the
action and a copy shall be filed with the Human Resources Department.
SECTION 710. Oath of Office.
Every official of the City, before entering upon the duties of the office, shall take the oath of
office as provided for in the Constitution of this State, and shall file the same with the City Clerk.
SECTION 711. Compensation of Officials and Employees.
The compensation of all City officials and employees, except as otherwise provided in this
Charter, shall be by salary to be fixed by ordinance or resolution. No official or employee shall be
allowed any fees, perquisites, emoluments, rewards or compensation for any work performed as an
official or employee, aside from the salary or compensation as fixed by the Council, but all fees
received in connection with official duties shall be paid into the City Treasury.
SECTION 712. Official Bonds.
The Council shall, by ordinance or resolution, determine what officials and other persons in
the service of the City shall give bond either of an individual type or be included in a master bond,
for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond
or bonds, and each of such officers and other persons shall before entering upon the duties of office
or employment, execute a resolution, including in the same bond the duties of all offices of which
the official or person is made, by this Charter or otherwise, ex officio incumbent. Such bonds must
be examined by the City Attorney and approved by the City Council. All bonds when approved
shall be filed with the City Clerk, except the City Clerk's bond, if any, which shall be filed with the
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City Manager. All the provisions of any law of this State relating to the official bonds of officials
as then existing shall apply to such bonds, except as herein otherwise provided. In all cases where
surety company bonds are approved by the Council, the premium therefore shall be paid by the
City.
ARTICLE VIII. FISCAL ADMINISTRATION
SECTION 801. The Fiscal Year.
The fiscal year of the City shall commence upon the first day of July of each year, or at such
other time as may be fixed by ordinance.
SECTION 802. Annual Budget.
On such date in each year as shall be fixed by the Council, the City Manager shall send to
the Council a careful estimate, in writing, of the amounts, specifying in detail the objects thereof
required for the business and proper conduct of the various departments, offices, Boards and
Commissions of the City, over which the office has control, during the next ensuing year. The City
Manager shall also at said time submit to the Council an estimate of the amount of income from all
sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied
and raised by taxation.
SECTION 803. Public Hearing on the Budget.
After reviewing the proposed budget as submitted by the City Manager and making such
revisions as it may deem advisable, the Council shall determine the time for holding of a public
hearing, and shall cause a notice thereof to be published not less than ten (10) days prior to said
hearing by at least one insertion in a newspaper in the City of San Luis Obispo. Copies of the
proposed budget shall be available for inspection by the public at the office of the City Clerk at least
ten (10) days prior to said hearing. At the time so advertised or at any time to which such public
hearing shall from time to time be adjourned, the Council shall hold a public hearing on the
proposed budget at which interested persons desiring to be heard shall be given such opportunity.
SECTION 804. Adoption of the Budget.
After the conclusion of the public hearing the Council shall further consider the proposed
budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the
budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing
fiscal year. From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the various departments or activities therein
described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not
have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the
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Council may amend or supplement the budget by motion adopted by a majority vote of the Council.
SECTION 805. Grants and Subsidies.
Sufficient funds may be budgeted by the Council for grants, subsidies, contributions,
subventions and the like to economic, promotional, environmental, cultural, or other agencies
whose operations are unrelated to those of the City but who contribute largely to the quality of life
of the City. Such funds shall be allotted only after a public hearing on consideration of an
application by the requesting group or agency. Such application shall include complete justification
of the need for the requested aid.
SECTION 806. Income from Public Utilities.
All income derived from the operation and management of any public utility by the City
shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving,
or bettering such public utility, and to the payment of any debts and interest thereon which may
have been incurred for the acquiring, improving, operating, or maintaining of such utility.
SECTION 807. (Deleted - November 5, 1996 - Measure "W".)
SECTION 808. Accounts Payable.
Monies shall be drawn from the City Treasury only in the manner prescribed by ordinance
of the Council.
SECTION 809. Claims Against the City.
(A) No suit shall be brought on any claim for money or damages against the City or any
Board, or official thereof, until a demand for the same has been presented as herein provided and
rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. All
claims for damages against the City must be presented to the City Clerk within the time limits
prescribed by the laws of the State of California after the occurrence, event, or transaction from
which the damages allegedly arose, and shall set forth in detail the name and address of the
claimant, the time, date, place, and circumstances of the occurrence and the extent of the injuries or
damages received.
(B) The provisions of the foregoing subsection (A) shall not prohibit payment on invoice,
claims for goods, wares, materials, and/or services supplied to the City, and the provisions for
payment on account of said items shall be set out by an ordinance adopted by the Council.
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SECTION 810. Independent Audits.
The Council shall employ, at the beginning of each fiscal year, an independent certified
public accountant who, at such time or times as may be specified by the Council, at least annually,
shall examine the books, records, inventories, and reports of all officials, employees, departments,
and agencies who receive, handle, or disburse public funds. As soon as practicable after the end of
the fiscal year, a final audit and report shall be submitted by such accountant to the Council, one
copy thereof to be distributed to each member, one each to the City Clerk, the City Treasurer, the
City Manager, and City Attorney respectively, and three (3) additional copies to be placed on file in
the office of the City Clerk where they shall be available for inspection by the general public for the
period required by the laws of the State of California. Restricted and special assessment district
funds shall be segregated in the audit report.
ARTICLE IX. PUBLIC WORKS AND CONTRACTS
SECTION 901. Public Works To Be Done By Contract.
(A) Except as provided in subsection (D) of this section, every project involving an
expenditure of City monies of more than the amount specified in Section 20162 of the Public
Contract Code of the State of California, as the same now exists or may hereafter be amended for
the construction or improvement of public buildings, works, drains, sewers, utilities, parks,
playgrounds, and streets (exclusive of projects for resurfacing, maintenance, and repair of streets)
shall be let by contract to the lowest responsible bidder after notice by publication in the official
newspaper by one or more insertions the first of which shall be at least ten (10) calendar days before
the time for opening bids.
(B) All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond
executed by a corporate surety authorized to engage in such business in California, made payable to
the City. Such security shall be in an amount not less than that specified in the notice inviting bids
or in the specifications referred to therein, or if no amount be so specified then in an amount not
less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or
refuses to enter into the contract, within the time specified in the notice inviting bids or
specifications referred to therein, the amount of the bidder's security shall be declared forfeited to
the City and shall be collected and paid into its general fund and all bonds so forfeited shall be
prosecuted and the amount thereof collected and paid into such fund. The Council may reject any
and all bids presented and may readvertise at its discretion.
(C) The Council, after rejecting bids or if no bids are received, may declare and determine
that, in its opinion, based on estimates approved by the City Manager, the work in question may be
performed better or more economically by the City with its own employees and after the adoption
of a resolution to this effect by at least four (4) affirmative votes of the Council and containing a
declaration of the facts constituting such urgency.
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(D) Nothing in this section shall be construed to apply to any project involving the
expenditure of City monies by the City for public works in cooperation with a developer or
subdivider for oversized facilities or such cooperative extension or replacement of mains and
appurtenances. For those projects the City shall have the authority to make funds available to the
cooperating developer or subdivider through a Reimbursement Agreement as established by
Council ordinance or resolution.
(E) Notwithstanding any provisions of this Charter to the contrary, the City may perform
maintenance related projects using a unit price contract for all necessary labor, materials, and
equipment provided such contracts are secured on a competitive basis as otherwise required by
Public Contract Code Section 20128.5. The City Council shall establish by ordinance,
guidelines for the award and use of such unit price contracts, and may set an amount below
which the City Manager may award such contracts.
(F) Notwithstanding any provision of this Charter to the contrary, public projects, as
defined by the Uniform Public Construction Cost Accounting Act, sections 22000 et seq. of the
Public Contract Code, of one hundred thousand dollars ($100,000) or less may be let to contract
by informal procedures as set forth in Sections 22032 et seq. of that code. The City Council shall
establish by ordinance guidelines for the use of such contracts.
SECTION 902. Collusion.
(A) Any officer or employee of the City, or of any department thereof, who shall willfully
aid or assist a bidder in securing a contract to furnish labor, materials or supplies at a higher price
than that proposed by any other bidder, or who shall favor one bidder over another, or who shall
willfully mislead any bidder in regard to the character of the materials or supplies called for, or who
shall knowingly accept materials or supplies of a quality inferior to those called for by the contract
or who shall knowingly certify to a greater amount of labor performed than has been actually
performed, or to the receipt of a greater amount or different kind of materials or supplies than has
been actually received, any of the above which is to the detriment of the City, shall be deemed
guilty of malfeasance and shall be removed from office.
(B) If at any time it shall be found that the person to whom a contract has been awarded has,
in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing
any other bids being made, then the contract so awarded shall be null and void, and the Council
shall advertise for a new contract for said work, or provide for such public work to be done by the
City.
(C) If at any time it shall be found that the person to whom a contract has been awarded has
colluded with any other party or parties, including a City officer or employee, during the
administration of the contract, then the contract so awarded shall be null and void and any funds
paid pursuant to it shall be returned to the City. Any City officer or employee guilty of such
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collusion to the detriment of the City may be prosecuted pursuant to State law or charged with a
misdemeanor for violation of this Charter.
SECTION 903. Purchases of Supplies and Equipment.
The City Council, by ordinance or resolution, shall adopt policies and procedures, including
appropriate bidding regulations, governing purchases of supplies and equipment. Purchases of
supplies and equipment shall be made only in accordance with the adopted policies and in
accordance with all provisions of law governing the same.
The City Council also shall by ordinance or resolution adopt policies and procedures for
contracting for personal services. Such personal services shall be contracted for only in accordance
with the adopted procedures and in accordance with all provisions of law governing the same.
SECTION 904. Abridgement of Contract.
Inasmuch as a contract is a legal document attesting to the terms of an agreement providing
for an exchange of services for a mutually-agreed-upon compensation in return, each separate
deletion, modification, or addition shall be completed in writing, signed by authorized
representatives of the contractor and the City, and filed with the City Clerk within thirty (30)
calendar days.
Any willful abridgement of any provision of a contract, without a written memorandum as
required above, shall be considered a breach of contract and a misdemeanor.
SECTION 905. Progress Payments.
Any contract may provide for progressive payments if the ordinance or resolution
authorizing such work includes such a provision. No progressive payments may be provided for or
made at any time which with prior payments, if there have been such, shall exceed in amount at any
time ninety percent (90%) of the value of the labor done and the materials used up to that time, and
no contract shall provide for or authorize or permit the payment of more than ninety percent (90%)
of the contract price before the completion and acceptance of the work, unless otherwise required
by Federal Law.
SECTION 906. Sale or Lease of City Property.
The City Council, by ordinance or resolution, shall adopt policies and procedures that shall
be applicable to the sale or lease of City property.
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SECTION 907. Exemptions.
Nothing in this article shall be construed to apply to the acquisition or purchase of natural
gas, telephone service, electricity, electric power or electric energy by the City for any use or
purpose.
SECTION 908. Development of Annexed Lands.
Lands annexed to the City may only be developed at a time and in a manner consistent with
the General Plan adopted by the City and as may be amended from time to time by the Council.
SECTION 909. Use of Reliability Reserve.
As identified in the Water Management Element of the General Plan, the City shall strive to
acquire additional water supplies as a "reliability reserve" to protect the City from future water
shortages. Once the City has acquired a portion or all of the reliability reserve, the additional water
supply shall only be used to meet City needs during unpredictable changes such as a new worst case
drought, loss of one of the City's water sources, contamination of a source, or failure of a new
source to provide projected yield, and not to allow additional development.
ARTICLE X. LICENSES AND FRANCHISES
SECTION 1001. Granting of Franchises.
The City Council is empowered to grant by ordinance a franchise to any person, firm or
corporation, whether operating under an existing franchise or not, to furnish the City and its
inhabitants with transportation, communication, terminal facilities, water, light, heat, power,
refrigeration, storage, or any other public utility of public service, and to use the public streets,
ways, alleys, and other places, as the same now or may hereafter exist, for the construction and
operation of plants, works, or equipment necessary or convenient for traversing any portion of the
City for the transmitting or conveying of any service elsewhere. The City Council may prescribe
the terms and conditions of any such grant. It may also provide, by procedural ordinance, the
method of procedure and additional terms and conditions for making such grants, subject to
provisions of this Charter. The City Council may, by ordinance or resolution, establish fees or
charges for the granting of licenses or franchises.
SECTION 1002. Resolution of Intention, Notice, and Public Hearing.
Before granting any franchise, the City Council shall pass a resolution declaring its intention
to grant the same, stating the name of the proposed grantee, the character of the franchise and the
terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set
forth the day, hour and place when and where any persons having any interest therein or any
19
objection to the granting thereof may appear before the City Council and be heard thereon. It shall
direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage
thereof in a newspaper in the City of San Luis Obispo. The time fixed for such hearing shall not be
less than twenty (20) or more than sixty (60) days after the passage of said resolution. At the time
set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its
decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise,
subject to the right of referendum of the people.
SECTION 1003. Term of Franchise.
Every franchise shall state the term for which it is granted, which, unless it is indeterminate
as provided for herein, shall not exceed thirty-five (35) years. No franchise may be renewed until
three (3) years before its term expires. A franchise grant may be indeterminate, that is to say, it may
provide that it shall endure in full force and effect until the same, with the consent of the Public
Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its
possessor, or until the State of California or some municipal or public corporation, thereunto duly
authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the
power of eminent domain, all property actually used and useful in the exercise of such franchise and
situated within the territorial limits of the State, municipal or public corporation purchasing or
condemning such property, or until the franchise shall be forfeited for non-compliance with its
terms by the possessor thereof.
SECTION 1004. Grant to be in Lieu of All Other Franchises.
Any franchise granted by the City with respect to any given utility service shall be in lieu of
all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to
any rights under such franchise, for the rendering of such utility service within the limits of the City
as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of
the Constitution of California as said section existed prior to the amendment thereof adopted
October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of
all such franchises, rights, and privileges within the limits of the City as such limits shall at any
time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall
not become effective until written acceptance thereof shall have been filed by the grantee thereof
with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the
ordinance granting the franchise and when so filed, such acceptance shall constitute a continuing
agreement of such grantee that if and when the City shall thereafter annex, or consolidate with,
additional territory, any and all franchises, rights, and privileges owned by the grantee therein,
except a franchise derived under said constitutional provision, shall likewise be deemed to be
abandoned within the limits of such territory.
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SECTION 1005. Eminent Domain.
No franchise grant shall in any way or to any extent impair or affect the right of the City to
acquire the property of the grantee thereof either by purchase or through the exercise of the right of
eminent domain, and nothing herein contained shall be construed to contract away or to modify or
to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any
public utility. Every franchise grant shall reserve to the City the right to purchase the property of
such utility either at an agreed price or a price to be determined in a manner to be prescribed in the
grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the
City for any utility, no allowance shall be made for franchise value (other than the actual amount
paid to the City at the time of the franchise acquisition), goodwill, going concern, earning power,
increased cost of reproduction, severance damage, or increased value of right of way.
SECTION 1006. Duties of Grantee.
By its acceptance of any franchise hereunder, the grantee shall covenant and agree to
perform and be bound by each and all of the terms and conditions imposed in the grant or by
procedural ordinance, and shall further agree to:
(A) Comply with all lawful ordinances, rules, and regulations theretofore or thereafter
adopted by the City Council in the exercise of its police power, governing the construction,
maintenance, and operation of its plants, works, or equipment;
(B) Pay to the City on demand the cost of all repairs to public property made necessary by
any of the operations of the grantee under such franchise;
(C) Pay to the owner on demand the cost of all repairs to private property made necessary
by any of the operations of the grantee under such franchise;
(D) Indemnify and hold harmless the City and its officials from any and all liability for
damages proximately resulting from any operations under such franchise;
(E) Remove and relocate without expense to the City any facilities installed, used and
maintained under the franchise if and when made necessary by any lawful change of grade,
alignment, or width of any public street, way, alley, or place, including the construction of any
subway or viaduct; and
(F) Pay to the City during the life of the franchise, a percentage, to be specified in the grant,
of the gross annual receipts of the grantee within the limits of the City, or such other compensation
as the City Council may prescribe in the grant.
The City Manager shall be responsible for the enforcement of all provisions of the grant.
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SECTION 1007. Violations.
The exercise by any person, firm or corporation of any privilege for which a franchise is
required, without procuring such franchise, shall be a misdemeanor, and each day that such
condition continues to exist shall constitute a separate violation.
ARTICLE XI. PERSONNEL ADMINISTRATION
SECTION 1101. Rules and Regulations.
After obtaining and considering the recommendations of the City Manager, the Council
shall provide by ordinance or resolution, not inconsistent with this Charter, for personnel rules and
regulations governing all City employees.
SECTION 1102. Personnel Board.
The Council shall establish a Personnel Board consisting of five (5) members whose duties
shall be advisory only.
SECTION 1103. Political Activities.
The political activities of all City employees shall conform to pertinent provisions of the
Federal and State laws.
SECTION 1104. Employee Candidacy for Public Office.
Nothing in Section 1103 shall be construed to prevent any full-time employee from seeking
election or appointment to public office. Upon becoming a candidate for elective office for the City
of San Luis Obispo, any such person shall request and be granted a leave of absence, without pay,
to remain in effect during the period of time such person is a candidate.
SECTION 1105. Retirement.
The City Council shall be authorized to enter into a contract with the Board of
Administration of the Public Employees' Retirement System of California that shall include all
employees of the City of San Luis Obispo. The City Council may terminate or amend its
contract or negotiate another contract to provide improved or reduced employee benefits only in
accordance with state law and as permitted by the Board of Administration of the Public
Employees' Retirement System.
SECTION 1106. Reserved for Future Use.
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ARTICLE XII. BOARDS AND COMMISSIONS
SECTION 1201. Authority.
The City Council shall have the authority to establish by ordinance citizen Committees,
Commissions, Boards, and Authorities as required by the State of California or as the Council
deems necessary to give it advice or assistance. Such authorizing ordinances shall clearly define
goals, responsibilities, and jurisdiction of such a body. The Council shall have the authority to
establish by resolution any temporary or "ad hoc" citizen Committees with limited lifespan and
clearly define objectives specified in such a resolution.
SECTION 1202. Eligibility, Appointment, and Length of Terms.
All registered voters within the City, except part or full-time officials and management
employees of the City, shall be eligible for appointment, and shall be selected and appointed by any
method deemed appropriate by the Council. Participation on citizen committees, commissions,
boards and authorities by non-registered voters or non-city residents may be permissible depending
upon the nature and purpose of the advisory body, as determined by the City Council.
No Committee member shall be appointed to a term exceeding four (4) years. Committee
members may be reappointed to serve additional terms.
SECTION 1203. Vacancies.
If a vacancy occurs in the body created by the Council, that vacancy may be filled by the
Council for the unexpired term of such a position. A member of any such body may be removed by
three (3) affirmative votes of the Council.
SECTION 1204. Bylaws and Procedures.
Each body established by ordinance shall present in writing to the Council for approval its
bylaws for procedure: purpose, specific function, meetings, officers, budget, etc.
SECTION 1205. Annual Reports.
On an annual basis, each established body shall report to the Council on its activities for the
preceding year, as well as its proposed activities and requested budget for the forthcoming year.
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SECTION 1206. Functional Review.
Every five (5) years of a standing Committee's life, the activities of such a body shall be
reviewed by a citizens' "ad hoc" Committee and recommendations presented to the Council for
modification or continuation of function, or for termination. The Council, at its discretion, may
refer this task to the Personnel Board.
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INDEX
SECTION PAGE
Annexation
Development of Annexed Lands 908 18
Appointments
City Officers; term and removal 701 10
Relatives of City Officials and employees prohibited 707 11
Boards and Commissions 1202 25
Attorney, City
Appointment of and term of 701 10
Compensation of 711 12
Duties of 702 11
Oath of Office 710 12
Audit
Annually by certified public accountant 810 15
Boards and Commissions
Annual Report 1205 25
Appointment 1202 25
Authority 1201 24
Bylaws and procedures 1204 25
Eligibility 1202 25
Functional review 1206 25
Term, length of 1202 25
Vacancies 1203 25
Bond of Officers
Council may determine 712 12
Boundaries
Established City limits 102 1
Budget
Adoption of 804 13
Hearing and notice 803 13
Providing for 802 13
Charter
Amendment of 105 1
Conflicts 107 2
Definitions 106 1
Effective date 103 1
Validity of 108 2
Violation of, penalty 109 2
City Manager
Annual budget, providing for 802 13
Appointment of certain officers and department heads 701 10
Compensation 711 12
25
Council shall appoint 703 11
Councilmen, eligibility of 705 11
Duties of officials 702 11
Oath of Office 710 12
Powers and duties 702 11
Relative ineligible to serve as City Officer 707 11
Public works performed by City 901(c) 15
Qualifications of 704 11
City Property
Sale and lease of 906 17
Clerk, City
Actions against City presented to City Clerk 809 14
Bond of, filed with Administrative Officer 712 12
Compensation of officials 711 12
Oath of Office 710 12
Collusion 902 16
Commissions, Boards and
(See Boards and Commissions)
Consolidation of functions, offices
With County or State 205 3
Within City 706 11
Contracts
Abridgement of 904 17
Collusion 902 16
Progress payments 905 17
Public Works by 901 15
Council
Actions, methods of 601 8
Appointments
City Officer; term and removal 701 10
Relatives of City Officials
and employees prohibited 707 11
Boards and Commissions 1202 22
Budget
Adoption of 804 13
Date fixed by 804 13
Hearing and notice 803 13
Compensation of 410 6
Duties and powers, enumeration of 501 7
Duties, limitation of 508 8
Election at large 402 4
Emergency legislation 605 9
Franchises, granting 1001 18 Governing body of City 202 2
Holding certain other offices prohibited 508 8
Majority vote of, required for passage
26
of ordinance, resolution, or motion 506 8
Mayor Pro Tempore (Vice Mayor) 408 6
Meetings
Place of, public 502 7
Quorum, majority to constitute 503 7
Rules of procedures 504 7
Special may be called 502 7
Oath of Office 710 12
Oath, power to administer 507 8
Offices and departments, may provide
for conduction, etc., of, or additional 702 11
Ordinances and resolutions, ayes
and noes take on passage of 505 7
Powers generally of 501 7
Reimbursement for authorized
travel and other expenses 410 6
Subpoena, power to compel attendance of witnesses 507 8
Terms, limitation of 405 5
Vacancies in, filling 406 5
Voting 505 7
County
Council may consolidate function of City with 205 3
Demand Against City
Filing, rejection, etc. 809 14
Department of Public Works
May perform work normally contracted 901(c) 15
Departments
Council may provide for operation,
etc., of, or additional 204 3
Elections
At large, Mayor and Council 402 4
Eligibility for office 403 4
General municipal, time to hold 302 4
Initiative, referendum and
recall, State law to apply 304 4
Mayor and Council 402 4
Procedure for holding, State law to apply 301 3
Special municipal, defined 303 4
Electricity and Electric power exempted 907 18
Eminent Domain
Right not impaired by franchise grant 1005 20
Enumeration 401 4
Equipment
Purchase of 903 17
27
Fiscal Administration
Accounts Payable 808 14
Claims against the City 809 14
Grants 805 14
Subsidies 805 14
Fiscal Year
Defined 801 13
Form of Government of City 201 2
Franchises
Duty of grantee 1006 20
Eminent Domain not impaired by granting 1005 20
Granting 1001 18
Notice 1002 18
Public hearing 1002 18
Term of 1003 19
General Laws
Applicable to City 104 1
Governing body 202 2
Grants and subsidies 805 14
Income from public utilities 806 14
Initiative Ordinance
Enacting clause 304 4
Mayor
Absence or disability, selection
of Mayor Pro Tempore 408 6
Compensation of 410 6
Election of, at large 402 4
Powers and duties 407 6
Term of office 404 5
Pro Tempore, selection of 408 6
Reimbursement for authorized
travel and other expenses 410 6
Vacancy in office of, filling 406 5
Mayor Pro Tempore 408 6
Monies Drawn from City Treasury 808 14
Name of City 101 1
Natural Gas, Telephone Service, Electricity exempted 907 18
Nepotism Prohibited 707 11
Oaths
Council has power to administer 507 8
Offices and Employees
Bond of, Council may determine amount of 712 12
Combining Offices 706 11
Compensation of, fixed by ordinance or resolution 711 12
Consists of certain named officials 701 10
28
Duties of 702 11
Eligibility for office 403 4
Employee may become candidate for public office 1104 21
Employment policy 709 12
Enumeration of 401 4
Equal Opportunity Employer 708 12
Fees collected by, must be paid into City Treasury 711 12
Mayor and Councilmen, elected at large 402 4
Nepotism 707 11
Oath of Office to be taken by 710 12
Political activities, employee 1103 21
Vacancy in elective office 406 5
Offices
Council may provide for operation,
etc., of or reassignment of 702 11
Ordinances
Adoption of certain provisions
by reference permitted 608 10
Amending 606 10
Creation of 601 8
Codification of 608 10
Effective date 604 9
Emergency, adoption of 605 9
Emergency, effective 605 9
Enacting clause of 603 9
Repeal of 607 10
Requirements of 602 9
Violation of, punishment 609 10
Organization of City Government 204 3
Personnel System
Personnel Board or Personnel
Hearing Board, establishing 1102 21
Retirement 1105 21
Rules and regulations 1101 21
Political Activities
Employee shall not take active part in 1103 21
Powers of City 203 3
Procedures
City may act pursuant to established 203 3
Public Utilities
Income derived from, disposition of 806 14
Public Works and Contracts
City may perform work 901(c) 15
Collusion 902 16
Contract for, requirements 901 15
29
Contract, rejection of bid 901(c) 15
Contract, security required with bid 901(b) 15
Purchasing
Equipment and supplies 903 17
Recall 304 4
Resolutions
Ayes and nays taken by Council 601 8
Referendum 304 4
Retirement System
Contract with State authorized 1105 21
State
Council may consolidate function of City with 205 3
Subpoenas
Council has power to compel attendance of witnesses 507 7
Supplies
Purchase of 903 17
Telephone Service exempted 907 18
Terms of Office
Mayor and Councilmen 404 5
Treasurer, City
Appointment of and term of 701 10
Bond of, filed with City Clerk 712 12
Compensation of officials 711 12
Council shall appoint 701 10
Treasurer, City (cont'd)
Duties of officials 702 11
Monies drawn from, method and manner of 808 14
Oath of office 710 12
Vacancy in Elective Office
Occurs when 406 5
Water Reliability Reserve 909 18