HomeMy WebLinkAbout03/05/1996, 4A - CITY CHARTER REVISIONS MEETING DATE:
�III�iI�llll�p�iq��pl city of San Luis OBISpo 3-5-96
COUNCIL AGENDA REPORT ITEM NUMBER: T4
FROM: Jeffrey G. JorgenseiTg City Attorney
SUBJECT: City Charter Revisions
CAO RECOMMENDATIONS:
Adopt Resolutions 1 through 8 Submitting to
the Voters at the General Municipal Election
to be held on Tuesday, November 5, 1996,
various Charter amendments to reconcile
provisions for filling a Council vacancy with
the requirements of the Elections Code, and to
make other minor technical revisions.
DISCUSSION
Backaround
As part of the 1995-97 financial Plan, the City Council adopted a
goal to revise the City Charter to reconcile the provisions for the
filling of a vacant Council Seat with the requirements of the
Elections Code, and to make other minor technical revisions. (A
copy is included as Attachment "A" . ) Because of limited staff
resources and the relatively low ranking of this goal, a targeted
approach concentrating primarily on the vacancy issue was chosen to
avoid the time consuming and potentially controversial issues which
might arise if a comprehensive Charter revision were undertaken.
Related Issue
At the November 15, 1994 Council meeting on the Urban Water
Management Plan, the Council directed staff to prepare a ballot
measure amending the Charter to include a new section on protection
of the City's water "reliability reserve. " A separate agenda
report prepared by the Utilities Department will be presented to
the Council and may be added to the ballot for the November
election along with any measures approved as part of this report.
PROPOSED CHARTER REVISIONS
The following revisions are recommended for Council consideration:
RESOLUTION 1. Section 406. Vacancies.
a. Issue presented: Current Charter Section 406
provides that the Council must fill a Council
vacancy within 30 days by appointment, and if an
appointment is not made within that time period, to
hold an election to fill the vacancy not sooner
than 90 days nor longer than 120 days from the
occurrence of the vacancy. When the Council was
reviewing its options for filling the vacancy
created by Councilman Settle's election to Mayor,
it became apparent that if the Council failed to
fill the vacancy by appointment within thirty days,
it would not be able to hold an election within 120
days and still comply with the Election Code
because the nomination period and publication of
the Notice of Election could not be met. The
simplest way to correct this problem is to extend
the period of time in which an election must be
held for an additional 30 days, for a total of 150
days.
b. The proposed Charter amendment would read as
follows:
"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 Councilmember"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 therefrom 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 (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�...._�y or
rw ,
not later than one hundred and _..____, (__9-)-
y5;�>
days following the occurrence of the vacancy. Me,
e
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. "
2
c. The proposed ballot measure would read as follows:
cI Y riEAsURE A
":Shall; City;; Charier Section; 406 'be YES:.
amended to extend the: period of time.;
an wh" ch to hold an. eaecton tofiil NO
a �ouncxl vacancy
RESOLUTION 2. Section 109. Violation of Charter.
a. Issue Presented: The current Charter Section 109
provides that any person sentenced to imprisonment
for a violation of the Charter may be imprisoned in
the City Jail. However, the City no longer has a
jail, but rather uses the County jail. Since it is
highly unlikely that the City will create a new
City jail within the foreseeable future, it would
be appropriate to delete reference to it in the
Charter.
b. The proposed Charter amendment would read as
follows:
"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 Etta*jail,er in the County jail of the
county in which the City of San Luis Obispo is situated.
The City Administrative Officer shall be responsible
for the enforcement of the provisions of the Charter. "
C. The proposed ballot measure would read as follows:
3
�A -3
CITY '"MEASURE B
YES;
Shall; City Charter SectionI09 be - -
<amended:todelete reference to the NO
>City -7afl?
RESOLUTION 3. Section 404. Terms of Office.
a. Issue presented: In 1991, the City Council amended
Charter Section 404 to extend the terms of
Councilmembers then in office because the general
municipal election was moved to the first Tuesday
after the first Monday in November in each even
numbered year. The terms of office of all
Councilmembers affected by the extensions contained
in Charter Section 404 (c) have expired, and
therefore there is no further need for these
provisions.
b. The proposed Charter amendment would read as
follows:
"SECTION 404. Terms of Office.
(A) The term of the Mayor shall be two years, and
the terms of the Councilmembers 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.
(G) Any ether- rev liens in t4k}sGharte_ }_ `=
Never Ne :, 3:989 general munieipal eleetien and the
Geeeellmembers-eleeted-at tete-Nevember 3 !98:7 ej----_l
8. The terms e€ effiee e€ the Geuneilmemberms,
eleeted at the-Nevember '7, 1989 general munielpa1
eleetien shall be extended €r-em €eur years until—a
sueeesser is eleeted er appeinted a qualified 1 ,
the Nevember 9, 1994 general ______r_l eleetien-
3.
leeJ-_. ,3. Thate tF►elve --nth -e-= =F t?rm
extensien set €srtb in sabseetiens-(I) and (2) a€mss
seetiee-shall net be-eeeeted is detemining-the
4
disability—te serve set-feirr� in--Qeetien—TQ5 of this
Ghart .u
C. The proposed ballot measure would read as follows:
CITY MEASURE
YES:
Sha11 City; Charter Section 40.4 -
extending Counclmember berms of NO
office bedeleted
X.
RESOLUTION 4. Section 407. Mayor--Powers and Duties.
a. Issue Presented: Current Charter Section 407
provides that the Mayor shall be recognized by the
Governor as the official head of the City for
"military purposes, " and that the Mayor shall take
command of the public forces, maintain order, and
enforce laws in times of public danger or calamity.
These provisions are outdated because they conflict
with a comprehensive plan for emergency response
and services adopted by the State, as implemented
by the City in Chapter 2.24 of the Municipal Code.
Chapter 2. 24 sets forth the basic incident command
structure used by the City. It would be
appropriate to amend the Charter to conform with
Chapter 2.24 and reflect that the Mayor shall be
the chairperson of the Disaster Council during an
emergency.
b. The proposed Charter amendment would read as
follows:
"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 Administrative Officer in matters of policy.
The Mayor shall present an annual work program to
the Council for its consideration at the first meeting in
May. The Mayor shall have the responsibility for
forwarding the work program approved by the Council.
The Mayor shall be recognized as the official head
5
- 1 I
of the City for all ceremonial purposes and by the
GeveL-nei- €er military puvpeses_ in time _f _..L, : - d^____
er ealamity,the Mayer shall take eemmand of the-r+�b
f F;rtiP_q, maintain ender, and en€eree laws ;' < €i>uA
d{nwy�i xnf".w."M(. n..nY:it?:f'.:Mw+Y. �S{Q�:�"'i3'..�i.'..',R.T.M:tC.:M.Y{ .w'n�{:Yi.!i':•�ri`..:A.Qvrc�.vmwwi�t:Y'Y1:Y.:k>{'rv'Y:pw; {:'':.M.' �.\ �{
ha.-I ..:
etr
Mayor f"sIIdl:l"`"exerclSeti'{auc "':otrle`r{:``pows an
perform such other duties as may be prescribed by law or
ordinance or by resolution of the Council, except as
limited by this Charter. "
C. The proposed ballot measure would read as follows:
...... .......... .. ...... ._....
CITY MEASURE :D
Shall City: Charter Section.: 407
concerning the :powers and :duties of YES::
Mayonduring anemergency 'be amended ) - -
'to bring ;them into conformance wzth NO
Munl�cipal Code :Chapter 2 24'�
RESOLUTION S. Section 410. Compensation.
a. Issue presented: Current Section 410 provides that
the Mayor and Councilmembers shall be paid monthly.
However, all other officials and employees of the
City are currently paid on a bi-weekly basis. The
creation of a separate payroll schedule solely for
the Mayor and Councilmembers would create . un-
necessary expense and administrative procedure.
Therefore, it is recommended to conform the time of
payment of Council compensation to the regular City
payroll schedule.
b. The proposed Charter amendment would read as
follows:
"SECTION 410. Compensation.
The Mayor and each Councilmember shall receive
compensation for services payable monthly ac'ord
AM, ..;a,:
with "tie Mayor
::^:^.:: ,CJ.i r.:::. .�:'.:,.:J:r.!..�:::?::s:+,`E::.:�:i.::::'s:Yti^7.L.:
receiving greater' compensation than the other
Councilmembers.
Compensation for Mayor and Councilmembers shall be
reviewed biennially in .even-numbered years. When
warranted, said compensation may be adjusted by Council
resolution, to be effective January 1st of the year
following the review. The compensation rate may be
revised by the electorate by initiative.
6
Mayor and Councilmember expenses incurred for
official business shall be reimbursed. "
C. The proposed ballot measure would read as follows:
..............
...........
.......................
. . ...........
...........
. ..Shall:: !::C1 .y...Charter.concerning;....... ........
............. ...
... ..........
............... ..........
.......... .................
Councl
�Compensation....................... ..............
...............
ay.r
regular' .0 t , 11;
hf o1m.
schedule?
... ................
.............................. .....................
RESOLUTION 6. Section 709. Employment Policy.
a. Issue presented: Current Charter Section 709
requires the City Council to adopt a Personnel
Policy by ordinance. At the same time, ongoing
changes to federal and state law with respect to
personnel matters, and employee negotiations,
require frequent amendment to the City's personnel
policy. The requirement that changes to the City's
personnel policy be done only by ordinance creates
an unnecessary and time consuming procedural
burden. Therefore, it would be more efficient to
allow the Council to adopt the personnel policy by
ordinance or resolution at its discretion, or as
otherwise required by law.
b. The proposed Charter amendment would read as
follows:
"SECTION 709. Employment Policy.
The City Council shall adopt a Personnel Policy
. ...... MMMO��;ff
& tf-b W.
N % pr-.R.&
W
ordinanee, h ,,'-,WdiMh W g p.sox t
V prescribing
hiring, discharge �A'ffd....performance IE"allras 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 Administrative Officer shall be terminated
within the three (3) months immediately following the
appointment of a new city Administrative Officer. Any
notice of termination, transfer,, or demotion shall state
the effective date of the action and a copy shall be
filed with the Personnel Department. "
7
C. The proposed ballot measure would read as follows:
CITY MEASURE F'
Sha11: City Charter Section 709e YES :
amended to ;allow the Council to adopt
a Personnel Folic b ordinance ;oz NO
Y Y
resolution?
RESOLUTION 7. Section 807. Tax Limitations.
a. Issue Presented: In 1978, California Constitution
Article XIII (A) , commonly known as Proposition 13,
was adopted by the voters. Proposition 13 limited
the manner in which ad valorem property taxes may
be imposed, and superseded any local assessment
method to the contrary. Charter Section 807 sets
forth a tax limitation which could exceed the
limits imposed by Proposition 13. Therefore,
Charter Section 807 has been rendered inoperative
by the provisions of Proposition 13, and it is
appropriate to delete it.
b. The proposed Charter amendment would read as
!��+�tf}lfollows:
f o l lows:
„VIICS S l 89:7. Tax
T . Aar .
(A) General. The C-eanell shall net levy _ r-_r__tj
tam €er munleipal purpeses fer any f1seal year-, greater
than eighty five eents (86) en eaeh ene hundred dellars
($!99. 99) ef assessed value ef tamable prepeLcty in th-e
I
Mess autherized--by the a€€iEmative vetes a€—#fie
majerity e€ the eleeterate
sueh levy at y eleetien at w-hleh the r
aestien
e€ sueh additienal le
submitted te the eleeters The
number e f Lears that e
addltienal levy is to be made shall be speer€led in�eh
(B) Addltlenal Taxes There shall b
eelleeted at the time and in the same manner as ,.t.. .
prepe=ty tames--€er iefpal–par-peses are leivied and
eelleete , as adQitlenal taxes, J_......
€er–the–payment theree€ is made–z
x A tam s ffrelent to meet all ebl}gat}ens a€–the
e }.i fe r.r .-.i a-1 and interest e f all bends a .7...... nts
"e and unpaid er te beeeme due during the ensuing f1seal
year- whieh eenstitate the general ebligatiens of the
8
�'O
City to the-Publie Empleyeest Retirement System-mss
i if any,
dee and unpaid
er to beeeime d__ g'�__ _7 the erre--f' o_,. J
_l -- -
(G) Speeial-Levies. Speea1 ieyies in ad itinn }a
the above may be e annually in aneunts nette e3feeed
the—limits—hereinafter enumerated in this seetien,
respeetively en L ene L .7 d .7 l l ($19G.99) f the
assessed value-e€ the-taxable..preperty in the Git
3_ r-e= _ubii . - ^te :and betterments- m irt--
..ts (39 ...a..)
2. Fer library-purp6ses. T..__t.. __..t_ -nts) .
3. F-- -j- an reeve,.a
r_ t=en et�zsesee: .
:29 erre---i__ _
^ -.
mL. eds fere... -'f _ l le-vies
e shall:
Lel a to
t r.
and=berpaid into restEieted funds Set aside €eEterr
ma=r"
C. The proposed ballot measure would read as follows:
CITY MEASURE G
Shat ; City, Charter Section': 807 YES I°
concerning property taxes 'be =
!deleted NO
RESOLUTION S. Section -901. Public Works To Be Done By
Contract.
a. Issue presented: Current Charter Section 901(A)
makes a reference to Government Code Section 37902.
Since Government Code Section 37902 has been
replaced and superseded by Public Contract Code
Section 20162, it is appropriate to amend the
Charter to refer to the appropriate State
regulation.
b. The proposed Charter amendment would read as
follows:
"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 34992
:pof the Gever>�e:-� ? r ,. Code of the State
9
op
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. "
C. The proposed ballot measure would read as follows:
CITY MEASURE w
Shall City ;Charter Section9O1(A) YES .;
;concerning public works to
:be done by -
contract be amended fo refer to the PIO
Public Contract's Code?
Concurrences
The proposed revisions have been reviewed and concurred with by the
affected City Departments.
Fiscal Impact
After consultation with Assistant City Clerk Kim Condon, it has
been estimated that the cost for each measure placed on the ballot
will range between $1500-$2000, primarily for printing, depending
upon the number of arguments or rebuttals submitted.
Alternatives
The Council may choose not to proceed with some or all of the
proposed Charter revisions, which would reduce the number of
measures appearing on the ballot. If the Council chooses this
alternative, it is recommended that at least the measure concerning
Council vacancies should be approved and placed on the ballot.
The Council may also choose to submit additional revisions not
discussed as part of this report. If the Council chooses this
alternative, it is recommended that you give direction to staff to
return at a future Council meeting with an analysis and report.
10
y,4��
JG7/sw
Attachments:
Council GoAl (Attachment "A")
Resolution No. 1
Resolution No. 2 .
Resolution No. 3
:Resolution No. 4
Resolution No. 5
Resolution No. 6
Resolution No. 7
Resolution .No: 8
11.
ATTACHMENT A
COUNCIL GOALS: 1995-97 FINANCIAL PLAN
CITY CHARTER REVISION
OBJECTIVE
Revise City Charter to reconcile.provisions for the filling of a vacant Council seat with the requirements of the Elections
Code; and make minor technical corrections.
DISCUSSION
Background. At the January Council goal-setting workshop, the Council established Goal A.5: "Form a Charter Revision
Committee and consider their proposed revisions," and ranked it as a goal to be addressed as resources permit. While the
goal as written implies a comprehensive review of the Charter through an inclusive public/committee process, it appears
that the primary concern of the Council is to revise the Charter provisions for the filling of a vacant council seat to
reconcile them with the requirements of the Elections Code.
A comprehensive review of the Charter has the potential to be extremely time consuming and controversial given the wide
range of issues which could be raised during a broad-based discussion of the City's "constitution." On the other hand,
a more limited review of the Council vacancy provisions, and some minor technical revisions, could be accomplished
relatively easily at the staff level. Because of limited staff resources, the relatively low ranking of this goal, and the fact
that the Charter appears to be a practical and well written document (which was comprehensively revised in 1979), the
City Attorney's Office is recommending a more targeted approach concentrating on the vacancy issue. The following
action steps reflect that recommendation.
Related Issue. At the November 15, 1994 Council meeting on the Urban Water Management Plan, the Council directed
staff to prepare a ballot measure amending the Charter to include a section on protection of the City's water "reliability
reserve." It would appear appropriate to defer action on this issue until we have a clearer understanding of whether the
City's participation in the Salinas and/or Nacimiento Projects will actually generate a reliability reserve, and the cost
implications of establishing it. In any event, staff will prepare a separate Charter amendment measure for Council
consideration prior to placement on the November, 1996 ballot.
ACTION STEPS
■ Review, research, and consult on Charter revisions 6/95
■ Submit proposed revisions to Council for endorsement 8/95
■ Begin election administration 6/96
■ Conduct charter amendment election 11/96
RESPONSIBLE DEPARTMENT AND PROGRAM
■ City Attorney's Office will be responsible for developing proposed revisions, staff report, and ballot language.
■ City Cleric's Office will be responsible for conducting charter amendment election.
FINANCIAL AND STAFF RESOURCES ALLOCATED TO ACHIEVE THE GOAL
Assuming a November, 1996 election:
■ 10 staff hours in City Attorney's Office to submit proposed revisions to the Council.
■ 10 staff hours in City Clerk's Office to prepare for and conduct an election.
■ S2,000 in election-related expenses.
OUTCOME/FINAL WORK PRODUCT
A revised City Charter which will facilitate the filling of Council vacancies and make minor technical corrections,
consistent with State law.
A-1 l7J7 /�
RESOLUTION 1 ..
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD AMEND
CHARTER SECTION 406 CONCERNING
COUNCIL VACANCIES
WHEREAS, Charter section 406 provides that the Council must
fill a Council vacancy within thirty (30) days by appointment, and
if an appointment is not made within that time period, to hold an
election to fill the vacancy not sooner than ninety (90) days, nor
longer than one hundred twenty (120) days from the occurrence of
the vacancy; and
WHEREAS, under certain circumstances one hundred twenty (120)
days is not sufficient time to hold an election and still comply
with the requirements of the Elections Code; and
WHEREAS, it is advisable to amend the Charter to extend the
period of time in which to hold an election to fill a vacancy so
that the requirements of the Election Code may be met.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Charter
Section 406 concerning Council vacancies by extending the period of
time in which to hold an election so that the requirements of the
Elections Code may be met.
3 . Said proposed Charter amendment amends Charter Section
406 to read as follows:
"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 Councilmember's official duties, or ceases to be
a resident of the City, or has been absent from the State
R-1-1
-13
Resolution No. (1996 Series)
Page Two -
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 therefrom 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 (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 � f�� bjdx
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. "
4. The ballot format for the proposal to amend Section 709
shall be substantially as follows:
CITY MEASURE :A
Shall ; City''Charter Section.; 406 be YES;
amended to extend the.: period of<time .'; - -
in wh ch...:. to hold an election to 'fill NO
:a Council vacancy
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
R71-2
W7 -/�
Resolution No. (1996 Series) _
Page Three
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the -foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
i tt rn
R-1-3
RESOLUTION NO. (1996 Series) RESOLUTION 2
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD
AMEND CHARTER SECTION 109 TO
DELETE REFERENCE TO THE "CITY JAIL"
WHEREAS, Charter Section 109 provides that any person
sentenced to imprisonment for a violation of the Charter may be
imprisoned in the City jail; and
WHEREAS, the City no longer has a City jail, but rather uses
the County jail; and
WHEREAS, reference to the City jail in the Charter is no
longer appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment .is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Charter
Section 109 to delete reference to the "City Jail. "
3. Said proposed Charter amendment amends Charter Section
109 to read as follows:
"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 eity jai3:, in the County jail of the
county in which the City of San Luis Obispo is situated.
The City Administrative Officer shall be responsible
for the enforcement of the provisions of the Charter. "
R-2-' �A/6
Resolution No. (1996 Series)
Page Two -
4. The ballot format for the proposal to amend Section 109
shall be substantially as follows:
CITY MEASURE B <
YES
hall `C�ty Charter Seetion`;1Qs be -
amended to delete reference to the NO
City jaii�
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption..
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
i At Ay
R-2-2
fP7%/
RESOLUTION 3
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 51 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD
DELETE CHARTER SECTION 404 (C) EXTENDING
COUNCILMEMBER TERMS OF OFFICE
WHEREAS, in 1991 the City Council amended Charter Section 404
to extend the terms of Councilmembers then in office because the
General Municipal Election was moved to the first Tuesday after the
first Monday in November of each even-numbered year; and
WHEREAS, the terms of office of all Councilmembers affected by
Charter Section 404 (C) have expired, and therefore there is no
further need for these provisions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would delete Charter
Section 404 (C) extending Councilmember terms of office.
3 . Said proposed Charter amendment amends Charter Section
404 to read as follows:
"SECTION 404 . Terms of Office.
(A) The term of the Mayor shall be two years, and
the terms of the "Councilmembers 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 lotscentrar .
i
i. The terms ef—e€€lee e€--the Mayer eleeted—at e
Nevember"; 389 gener-al munielpal eleetten and thee
Eeuneilmemhers elected at the Nevember 3 98:7 general:
munielp.., eleetlen shall be extended from a.._ years n
feur years i
appeinted -and qualified fellewing the Nevember By 3:992
R-3-1 p
Resolution No. (1996 Series)
Page Two -
2. Thetermse€ e€€}ee e€ the
eleeted at the—Nevember 7, !989 general apanielpal
eleetlen shall be emtended €rem freur years until a .
sueeesseE Is eleeted
E-934—
the Nevember 8, 3:994 general :i _, _..t:
3 Thate twelve menth perleds=e€ tem
exensIBM set €erth in subseetiens- (1) and (2) e€tel`'
seetlen shall net be evanted in deteL=mining the
disability te serve set fer-th in Seetlen 495 ef this
Gharter.
4. The ballot format for the proposal to amend Section
404 (C) shall be substantially as follows:
CITY MEASURE jC
YES.:
hall �ity ;Charter Section .404 (C) - -
exten3ing Gounclmemb;:er terms of NO
office be deleted..
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
R-3-2
�A-�9
Resolution No. (1996 Series)
Page Three -
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
t t rn
R-3-3
#54
RESOLUTION 4
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD AMEND
CHARTER SECTION 407 CONCERNING THR POWERS
AND DUTIES OF THE MAYOR DURING AN EMERGENCY
WHEREAS, current Charter Section 407 provides that the Mayor
shall be recognized by the Governor . as the official head of the
City for "military" purposes, and that the Mayor shall take command
of the public forces, maintain order, and enforce laws in time of
public danger or calamity; and
WHEREAS, the above provisions are outdated because they
conflict with a comprehensive plan for emergency services adopted
by the State, and implemented by the City in Chapter 2 .24 of the
Municipal Code; and
WHEREAS, Chapter 2.24 of the Municipal Code provides that the
Mayor shall be Chairperson of the Disaster Council during an
emergency; and
WHEREAS, it is appropriate to amend the Charter to accurately
reflect the powers and duties of the Mayor during an emergency, in
conformance with Municipal Code Chapter 2.24 .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Section 407
concerning the powers and duties of the Mayor during an emergency,
to bring them into conformance with Municipal Code Chapter 2.24.
3. Said proposed Charter amendment amends Charter Section
407 to read as follows:
"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
R-4-1
1fA�/
Resolution No. (1996 Series)
. Page Two -
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 Administrative officer in matters of policy.
The Mayor shall present an annual work program to
the Council for its consideration at the first meeting in
May. The Mayor shall have the responsibility for
forwarding the work program approved by the Council.
The Mayor shall be recognized as the official head
of the City for all ceremonial purposes and by the
GeveFner fer military Fpeses. In time _f _„w, ie danger-
er-ealamit ;-the Mayer- shall take ...._,_an e f the publie
ferees, maintain erdeF, and en€eree— law ry
,.rY?k.:{{tdvM •r•. ..:t:L!'it.•:S:.woS:X:.S..w.s.
ha3rperson<°;txf . Yie;II3Sast r Co is l>du ng::tan , ergezt k,
The Mayor shallexercJ:lv:n x.RCu.G chj the:Lvrn Fii..pE�oxwvAexr.s HISnMa:niA
perform such other duties as may be prescribed by law or
ordinance or by resolution of the Council, except as
limited by this Charter. "
4 . The ballot format for the proposal to amend Section 407
shall be substantially as follows:
CITY `-MEASURED
<Shall City: Charter Section
; oncrnowerand .dutiesofceYES
Mayor during anemergencybe amended
to bring 'them into conformance :with' NO
Municipal ;Code 'Ch' t`er 2 2:4�
5. The proposed Charter amendment shall pass only if a
majority of .the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption.
R-4-2
Resoluton No. (1996 Series)
Page Three -
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
/
At or
R-4-3
�rA�3
cn
ti w CY O R A R o 'R•• n 'O 'O N 0
m O n "'' O C O R O y N " i -- 0 o e� 0 o m .3 N p N N N N N N N N C0j
WO '•'
.0 :1
Cy m ? n e`n+ " o R 0 G o_ �' CD w P. co O .� A A. a p
C .^ CD Co CD..• CJ m R aCi O 7 p '+ R o an+ O C, O O COO cc -4m cn ►'� h2 to M h
O"C� p 'S CD �C w m P• b O m m 0 7 �. n
CD
O I� 0 0 0 O O O O 0 0 0 7
F' R C a O O O• n O_ n .�... 0 e-' 'a m CD ^y a+ t:J F�l
o n 3 m n GQ CO a`� D CL c o ^ n r °- m a n 7 d o.� ; 3 O G1 c
° 7 0 en n n c c S Q3 o N' " o c ° no C y m m y y ° m C3 a aP n [rJ
R O 0. 0 o y o 7 R o m m m R 0 m ^ m -ns m A ^ 01 m as K K C CD 0 CD m y x K
° y acr :3 0 p .my .+ n 0 CO) O CD CD 'mt q P � ' n d a p CD m I I CD
n CD n. °. "• m o 7 0 0. 7 CG N y ^C o m m. o w I C m x m 'd O C•° o �. o �e
o m K ° a a K b w P m+ oo boq m ° 'S1 ewe 'd `� G 'S,ry 'd i
p n n`-' R m �' m = o �' m CD � � G .�+ m UQ nP. " o R ° 7 � � b1 �1 m m .mw Mrd
g+ m m o 3 :3 m R m m � m � p : CD 3 ° p m n I I
rL
b w CD `� 3 C '+ n %4 Co CO m o_ o `� S 0.CL : < N /p�� CD O CrJ
R n") m m 0: R w Fco
X• m m 7 7 R �. C O R Y� R
° p1 m Tca
o m 'O a 3. m as R m103 0
I F -
CD m
CD 0
to
CD0 CD
c0� aC CD C p �': 7 C 0ca 0 �_ coR :� 0 N n rA• CD CD R. w
m N n R'[S 0. m p N 1..
'[7 A "� C 1 0 N 0 n O n w �t w n n N P tz CrO 7 �s 5• S. R
Nbz
A d7 .:j N m�m .P-•'S G .COi 0m� �,• C. ca P. e`' O 7 o o 'rL w S• m rmn m W (D 9 P' 7
R �• an"I• •CD m9 iA F. ^+ = 3 �' C P+ m 0 0 R ."{ ` CD Q• c�D �Q pa CD
co
0. c, S c � 44 A P OOi � P o,• w Dj C 0. G 0 R �, O o CD� x COC ?-<R P. G mCD 7 o CD O � CD C" p� o
CD -, o 0 0 7 0 n 0 m m 7
m CDCD m n �' m n ..t 7 7' CO S 7 ° O C n m CY m P N n n ?' y n o �' P. w y C 'G m 7• I
o m m m O o' C� w m Fo �' rL m C d rL S. m m c T m 7 C i
m n m m n 3 m w Y ro m � 3 m N m ° ' o oR, rn N S. oov b vR �' c R �' -mi
CD " .n K y o 0 n o R n m P m w A F m m �o o ¢ CD m w P - e 0
n• m tD A m PJ n m 0 m Co y n b a m 0. rn !. O Cr 7 b m 0. P O CCD ti' 7 fD
n tC en+ O n m m n "C n 7 .y R p m ? `C C m m O G 0 b CD
CD m w m CR '+ t: pp P. p CY m e* `C f' G n -, R C �C} m �=C S. P^
R m a• Cr.� I o •° .1 `t �e n•'< O > .O lb p �f rl 3 m m
O m m 0. a,t 0. m O m m 0 w R O n `O m R w m 0 m m n w P
N " w --3
R Q W+.p R 7 m n o �• o ,oy p O O �• C l y o n n P
b m CD CD m m = �' N o Co m m C CD 0. R p m P �' C m P `.m ._ 0. ? mp
m 0 7 n 7 n m R m R m m
m �' 0 3. 5 o m wo o o 0 < m K :1 CD 3 O R -��°[� ° ' CSD CD
n 7 n y. w w p n 0 N n cC ? �' N r G �': b O O' n '°t r0,• CD fYp CD m
0 0 S o a O n o O R 0 Fi CD =�o g G �m R S. m 7 m m � 3 m y o O `m
CD 3' PL Ca. m " �' y ° -, �• m o CL El A CD n N Coon CCD O CD m R. � n a .7. g
co, ccCD :3n, m n .0 CD °e ti CY 0 °e mCD m
N �0 P y _ n a m y m p :1 CD o m o n m '° aC ° w o R W m
mm w
1Y R m in• CT n m In 0 C C co m fm 7• W O
OCAD CO 0 co In
`^ O n R O 3 C3j p P O O COj n R o 7 Cm PR CD 0
O w e0•' S o m Oe0. G 0.�C �. _ 0+ •`- .°q m o " CD rC .i m C, fD
m
R R R R O m �_- pre' O 7 n VDD n �' - a 0. n n 7 CO N i
b "C CO m S 7 -� p C .�., o ^+ n O CD -C 7 R O n e• pi. m H r N
'C CD n 0 P 0 CD R O O O P •. Cy C71 w' 7 w .R. O. is�eP7 W m CO n N oy y O m fFD ^mi co
7 9 A
P Co CD m 0, m p n .0 ?. m m n 0 S`G �• P: N C R 7 m l- n O
o a x o G = o �' x1 c N o t7 a 3 w. p co co COc c n ''0. CDo m 7 R CO n o c m m 7 0
O� 0�.. C O 7SD '•G_ Co n C7 0 b CO m � O CwD R O O G °C 7 CD
CCD ^ � , -C �� R 0 0. O i
Cm+ b C CO m' o O �? m m 3 <. 7 o o m N m m m " K R n -mi ''� � n "' R n = i.
C O 7 "M m -•i � = n m m p: R ? " ^� CCDD•.'00 0 CD " p. R CC m S m ti S D: CD p S R m O m
CO E n N S �� 6i m 7 m �Pp w ry >' m CL O r C0.1 m •mC R m CCD < m m 0 �• m
C CY m ? fl 6 - O m P p o 7 p H `� m• 7 n'O �Ct O 0 �CD 10 0^i DCI m m'6 s CD
a CL m I j
7 0 >' CD o m CFD ep. C-7 o R m R m• co
7 R CD :. 0 :3 .? o T mss '< F t<D n o `� e: o m " E
CD m C<D p' O CCD m ►.�. y Fl CY CwD pi S 'l. P m 7 7 .:� " x• R O
0 'Y CD CG m 0. 0 a < P my P O m Y m R < 0 0 P p m C•. m R o F ,my
C < n `� '' -'117 o a. ., w q a°, Rco
° R �+ o m 7 �• CD ty CO m
° 0 0 0 _ —, ^.�'< ^� .j 7 n o C m 7 "'C
:'. G-� � 9i m n o n --, °� � � ° P•. C3- CD
7o n m O a' °$ m n o w CCD, E.
r R G n CD p m R p y P o m c+ ami m CD ^1 0 m CD m b O r7 '`-'. CSD C m 0 `.. O Q" .
7 a' 7 CDS CSD - •' P m P "p" �•G o m O S ems* m " o 0 S 7' CCO :3 caQ� n. O a .
m 0. 0 °• .co m.0 .0 w R 0. CRD m M.
d m ? o �• .m+ n-. 7 `C " p P
Cr 0 m S. d w o w m n n m o o. P .r �,' - ?'
cm r �•C A m 0 n m m 0 0 7 m R ui m O r m m
y Cmn C '� :3 CDC u 0 n ti 7 CD i+ D�7 m n O• cai m �C CnD o < m 7- O o e« CO X
0
CD
CD a �. C a _ -0i 0 0, 0 P m� �t 7 t< Ca c� .�. m � w -� p 0 7 m R O .•-
RESOLUTION NO. (1996 Series) RESOLUTION 5 :_
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 51 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD AMEND
CHARTER SECTION 410 CONCERNING THE TIME
OF PAYMENT OF COUNCIL COMPENSATION
WHEREAS, current Charter Section 410 provides that the Mayor
and Councilmembers shall be paid monthly; and
WHEREAS, all other officials and employees of the City are
paid on a bi-weekly basis; and
WHEREAS, creation of a separate payroll schedule solely for
the Mayor and Councilmembers would create unnecessary expense and
administrative procedure; and
WHEREAS, it is appropriate to conform the time of payment of
Council compensation to the regular City payroll schedule.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Charter
Section 410 concerning the time of payment of Council compensation
to conform to the regular City payroll schedule.
3. Said proposed Charter. amendment amends Charter Section
410 to read as follows:
"SECTION 410. Compensation.
The Mayor and each Councilmember shall receive
compensation for services payable ment�y c4 a ?rl. .
`F.'vJrw ' wnvY»+ �:?*$' k :n%.C:f+:M' ._KY..'1,.?i: = with""" he Mayor
receiving >v great k�� ompensat onthan the other
Councilmembers.
Compensation for Mayor and Councilmembers shall be
reviewed biennially in even-numbered years. When
warranted, said compensation may be adjusted by Council
resolution, to be effective January 1st of the year
following the review. The compensation rate may be
revised by the electorate by initiative.
R-5-7
Resolution No. (1996 Series)
Page Two
Mayor and Councilmember expenses incurred for
official business shall be reimbursed. "
4 . The ballot format for the proposal to amend Section 410
shall be substantiallyas follows:
CITY MEASURE E , ':.
Shall; Czty Charter Sectzon; 41Q YES>
concerning the time of payment of -
Councl ConpensatYon be 'amended to NO
conform with the regular Gity payroll
schedulX;5
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
R-5-2
Resolution No. (1.996 Series)
Page- 'Three
APPROVED:
City Administrative Officer
At o -- --
R-5-3
RESOLUTION 6
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 51 19961 A PROPOSED
CHARTER AMENDMENT WHICH WOULD AMEND
CHARTER SECTION 709 TO ALLOW THE COUNCIL
TO ADOPT A PERSONNEL POLICY BY
ORDINANCE OR RESOLUTION
WHEREAS, current Charter Section 709 requires. the City Council
to adopt a Personnel Policy by ordinance; and
WHEREAS, ongoing changes to Federal and State law with respect
to personnel matters, and employee negotiations, require frequent
amendment to the City's Personnel Policy; and
WHEREAS, the requirement that changes to the City's Personnel
Policy be done only by ordinance creates an unnecessary and time
consuming procedural burden; and
WHEREAS, it would be more efficient to allow the Council to
adopt a Personnel Policy by ordinance or resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, . for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2. The proposed Charter amendment would amend Charter
Section 709 to allow the Council to adopt a Personnel Policy by
ordinance or. resolution.
3. Said proposed Charter amendment amends Charter Section
709 to read as follows:
"SECTION 709. Employment Policy.
The City Council shall adopt a Personnel Policy
9rd-inanee b`": prescribing
� C;�.:l.a;:.::r ..d. . C g
hiring, discharge anc 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
R-6-1 ��
Resolution No. (1996 Series)
Page Two -
by the City Administrative -Officer shall be terminated
within the three (3) months immediately following the
appointment of a new City Administrative Officer. Any
notice of termination, transfer, or demotion shall state
the effective date of the action and a copy shall be
filed with the Personnel Department. "
4. The ballot format for the proposal to amend Section 709
shall be substantially as follows:
CITY MEASURE :F
Sha2lCity ;Charter Section; 709 . be YES'
:amended to 'a13ow; the Council to -
a Personnel Polity by ordxiianceor NO
esolt1on?:
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
R-6-2 Zzh
Resolution No. (1996 Series)
Page Three -
APPROVED:
City Administrative Officer
't tt n
R-6-3
y�-3a
RESOLUTION 7 ._
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD DELETE
CHARTER SECTION 807 CONCERNING
PROPERTY TAXES
WHEREAS, in 1978 California Constitution Article XIIIA,
commonly known as Proposition 13, was adopted by the voters; and
WHEREAS, Proposition 13 limited the manner in which ad valorem
property taxes may be imposed and superseded any local assessment
method to the contrary; and
WHEREAS, Charter Section 807 has been rendered inoperative by
the provisions of Proposition 13.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2 . The proposed Charter amendment would delete Charter
Section 807 concerning property taxes because of the superseding
provisions of Proposition 13 .
3 . Said proposed Charter amendment deletes Charter Section
807 as follows[::
. \\�TLTi�I f1/\7 ....T . TT . Itatien
than eighty five eents (85) en eaeh ene htind3!ed dellars
eity/ ,
unless autherized by the affirmative vetes ef the
wh le-e + at ..l eeti at ..L i e the
as i -
_________ _____ __ __ ___ __ _ _ _ 3 -SV W1S1 Ax11 \.�1G MYiGV..i
� � r
submitted to the-elee-ters The
_ _\..er -r years_ tha e
additienal ll
_j -a
prepesitlen.
(B) Additienal Taxes. There shall be levied aftd
eelleetedt$ire-time and- niche smite- manner as at r
R-7-1
0-47
Resolution No. (1996 Series)
Page Two
preper-ty taxes for- munielpal pur-peses are levied
eelleeted, asadQltlenal tames, if ne ether-
fer the payment theree€—is maw
1. A tax sly€€ieient t-^ et all ebligatiens _r the
eity fer _,.' e».r judgments
due and unpaid er te beeeme due during the ensuing frisea!
e c.S ,
2A tax suffieient te meetall ebb gart-i 4;n aftkie
L=etir-ement e€ the eltyEmpleyees, if
er te- beeemedue-during the ensuing `1sea! year.
(G) Speelal levies_ _Speeial levies in addi ie to
the abev, may be made ani�aally-ln-ameuntsnet to emeeed
the—llm4ts—hereinafter enumerated in this sect
assessed value-e€ the tamable preperty-in the Ci`...
"1
3= r- publie __ pr _e_ientsadbetter tte33 s=zLA4-2ty
..ts (39 nis)
2 . Rem library rpesesA Went.,. ___ts-(29 eentst -
9 . Per rim and t.. m m...,..,t _ent-,.
purpesesmT YPLfR 1' 4.Li{V
s, a rrem any sipeelal levies shall beleng i
and be paid inte r-estrieted €ands set aside €eE `heir
purpeses. 11
4. The ballot format for the proposal to amend Section 807
shall be substantially as follows:
CITY MEASURE G
Shah City Charier Section 807 . YES
concerning property .taxesibe - -
deleted� NO ;
Yon
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes" votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
R-7-2
Resolution No. (1996 Series)
Page Three
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
�S �C./ -
orn
i A
R-7-3
yA-33
RESOLUTION 8
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SUBMITTING TO THE
VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 51 1996, A PROPOSED
CHARTER AMENDMENT WHICH WOULD AMEND
CHARTER SECTION 901 (A) CONCERNING PUBLIC
WORKS TO BE DONE BY CONTRACT
WHEREAS, current Charter Section 901 (A) makes a reference to
Government Code Section 37902; and
WHEREAS, Government Code Section 37902 has been replaced and
superseded by Public Contract Code Section 20162 ; and
WHEREAS, it is advisable .to amend Charter Section 901(A) to
refer to the appropriate state regulation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. A proposed Charter amendment is hereby ordered to be
submitted to the voters at the General-Municipal Election to be
held on Tuesday, November 5, 1996, for the purpose of voting upon
a proposed Charter Amendment as hereinafter set forth.
2 . The proposed Charter amendment would amend Charter
Section 901(A) concerning Public works to be done by contract, to
refer to the Public Contracts Code.
3 . Said proposed Charter amendment amends Charter Section
901 (A) to read as follows:
"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 3:7992
£1tFr2; of the GavernmentiT) iCOrtx :. Code of the State
oMifornia, 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. "
R-8-1
yA 3�
Resolution No. (1996 Series)
Page Two
4. The ballot format for the. proposal to amend Section
901(A) shall be substantially as follows:
.R CITY MEASURE H
Shall Czty Charteconcerning public taorks' to be done byr Section 901(A) YES
r'. x
contract;be
amended to refer tci the NO
5. The proposed Charter amendment shall pass only if a
majority of the votes cast by voters for the Charter amendment are
"Yes". votes.
6. The City Clerk shall certify to the passage and adoption
of this resolution and shall publish and circulate the Resolution
in accordance with the requirements of the California Elections
Code.
7. This Resolution shall take effect upon its adoption.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES•
ABSENT:
the foregoing resolution was adopted this day of
1996.
Mayor Allen Settle
ATTEST:
City Clerk
R-8-2
Resolution No. (1996 Series)
Page Three
APPROVED:
City Administrative Officer
1 At r Y
R-8-3
�9-3b