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HomeMy WebLinkAbout1976 CHARTER AMENDMENTS - NOT ADOPTEDPROPOS BD CITY CHARTER {yon the CITY o SAN LUIS OBISPO Revised August 2, 1976 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 . . . . . . . . . . . . . . . . 3 ARTICLE V. COUNCIL POWERS AND PROCEDURES . . . . . . . . . . . 5 ARTICLE VI. LEGISLATIVE ACTIONS . . . . . . . . . . . . . . 6 ARTICLE VII. APPOINTIVE OFFICIALS . . . . . . . . . . . . . . . 8 ARTICLE VIII. FISCAL ADMINISTRATION . . . . . . . . . . . . 10 ARTICLE IX. PUBLIC WORKS AND CONTRACTS . . . . . . . . . . . 13 ARTICLE X. LICENSES AND FRANCHISES . . . . . . ... . . . . . 14 ARTICLE XI. PERSONNEL ADMINISTRATION . . . . . . . . . . . . 17 ARTICLE XII. BOARDS AND COMMISSIONS . . . . . . . . .. . . 17 SAN LUIS OBISPO CHARTER ARTICLE I. INCORPORATION AND APPLICATION PAGE 1 SECTION 101. NAME OF THE CITY. The Municipal Corporation now existing and known as "TheCity 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 Govern- ment 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, Department, 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. 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 effect 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, sub -section, clause or phrase thereof irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional or void. SAN LUIS OBISPO CHARTER PAGE 2 SECTION 109. VIOLATION OF CHARTER. The violation of any provision of this Charter shall be deemed a mis- demeanor, 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 of not exceed- ing one thousand dollars ($1,000.00) or by imprisonment for a term of not exceeding one year or by both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned in the city jail, or in the county jail of the county.in which the City of San Luis Obispo is situated. The City Council collectively 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 -Administrative Officer" form of municipal government. SECTION 202. GOVERNING BODY. All powers 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 of San Luis Obispo. Said 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 Con- stitution and laws of the State of California. SECTION 203. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitation 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 corpora- tion 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 Administrative Officer, 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 several departments of the City and may provide for the creation of additional departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition. SAN LUIS OBISPO CHARTER PAGE 3 SECTION 205. CONSOLIDATION OF FUNCTION. The Council may transfer or consolidate functions of the City govern- ment 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 consol- idated, 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. 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 March in each odd 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 munici- pal 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, referen- dum 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 Councilmen, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. SECTION'402. ELECTED AT LARGE. The Mayor shall be elected at the general municipal election on a general ticket from the City at large. The Council seats shall be numbered from one to four, and candidates for Council shall indicate their selection of individual seats. Two members shall be elected at each biennial election, rotating between the odd and even numbered seats, from the City at large. SAN LUIS OBISPO CHARTER PAGE 4 SECTION 403. `ELIGIBILITY FOR OFFICE. No person shall be'eligible for election to, or to hold, the office of Mayor or Councilman of said City unless he 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 30 days next preceding his election thereto, or his appointment to fill a vacancy therein, and is an elector thereof at the time of such election or appointment. SECTION 404. TERMS OF OFFICE. The term of the Mayor and each member of the Council shall be for a period of four years and none shall be elected to the same office more than twice in succession. Terms shall commence on the first day of April at twelve o'clock noon following the election and each shall serve until a successor is elected and qualified, or appointed. Ties in voting shall be settled by the casting of lots. SECTION 405. VACANCIES. If a vacancy shall occur in the office of Mayor or Councilman, the Council shall forthwith.appoint a person to fill such vacancy. Said appointee shall possess such qualifications for eligibility as are set forth in Section 403 of this Charter and shall hold office until the expiration of the term of the member whom he is replacing or until his successor is duly elected and qualified. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or ceases to be a resident of the City, or shall have been absent from the State without leave granted by the City Council for more than sixty con- secutive days, or fails.to attend the meetings of the body of which he is a member for a like period without being excused therefrom by said body. SECTION 406. MAYOR - POWERS AND DUTIES. The Mayor shall preside at all meetings of the City Council and per- form such other duties consistent with his office as may be imposed by the Council or by vote of the people. He 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 respon- sibility for forwarding the work program approved by the Council. He shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, he shall take command of the public forces, maintain order, and enforce laws. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. SECTION 407. 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. SAN LUIS OBISPO CHAxTER PAGE 5 SECTION 408. 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 the compensation of which is increased by the Council, while he is a member thereof, until one year after the expiration of the term for which he was elected. SECTION 409. COMPENSATION. The Mayor and each Council Member shall receive compensation for services, as such, payable monthly. The Mayor shall be compensated at a rate different from that of Council Members. The expenses incurred. for Council -approved official business shall be reimbursed. Compensation for Mayor and Council Members shall be reviewed, when warranted, adjusted biennially in odd -numbered years effective July 1. Compensation shall be determined by a 5 member Ad Hoc Committee. This committee to consist of the Chairpersons of three standing committees, drawn by lot, and who shall mutually select the managers of two banks located in the City of San Luis Obispo. The City Administrative Officer shall be respon- sible for impaneling the committee during the month of January and shall pro- vide all data required by the committee for its work. The committee's deter- mination are to be submitted to the Administrative Officer prior to May 1. The committee's recommendations shall be final unless changed by the initiative process. 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, by ordinance, provide 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 shall constitute a quorum for the transaction of business. SAN LUIS OBISPO CHARTER PAGE 6 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. Failure or refusal to vote shall be construed as an affirmative vote. SECTION 506. MAJORITY RULE. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three 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 attendance of witnesses, to examine them under oath and 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 sub -committees of the Council itself, or of agen- cies 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 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 ordin- ances. 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. SECTION 602. REQUIREMENTS OF ORDINANCES. 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 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 SAN LUIS OBISPO CHARTER PAGE 7 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 day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. 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 ordering or otherwise relating to elections, 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 and the same meeting if passed by at least four affirmative votes. SECTION 606. AMENDING ORDINANCES. No ordinance shall be amended by reference to its title, but the sec- tions 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 nor section thereof shall be repealed except by an ordin- ance 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 pro,- vided by state law. SAN LUIS OBISPO CHARTER ✓ PAGE 8 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. Both misdemeanors and infractions may be prosecuted ormay 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 Administrative Officer, a City Treasurer, a City Clerk, a City Attorney, and such assistants or deputies as the Council may deem necessary. 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 Administrative Officer. SECTION 702. DUTIES OF OFFICIALS AND EMPLOYEES. After obtaining and considering the recommendations of the City Admin- istrative Officer, 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 ADMINISTRATIVE OFFICER. The City Administrative Officer shall be the administrative head of the government of the City. As such, he shall be responsible to the Council for the efficient implementation of its policy and effective administration of all the affairs of the City government under his control.. Any action, determination or omission of the Administrative Officer or his staff shall be subject to review by the Council but no individual Councilman or the Mayor shall overrule, change or modify any such action, determination or omission except by affirmative vote of at least three members of said Council at a duly constituted session. The Administrative Officer shall advise and make recommendations to the Council concerning any conditions or governmental situations he feels need Council direction or policy determination. The Administrative Officer will insure that the Council, as a whole or as individuals, are permitted timely and complete freedom of access to requested information. SECTION 704. QUALIFICATIONS. The City Administrative Officer shall be chosen on the basis of his administrative qualifications. He need not be a resident of the City or the State at the time of his appointment, but during his tenure in office, he shall reside within the City. SECTION 705. ELIGIBILITY OF COUNCIL MEMBERS. No member of the City Council shall, during the term for which he was elected or appointed, or for one year thereafter, be eligible to hold the position of City Administrative Officer. SAN LUIS OBISPO CHARTER PAGE 9 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. No person who is a relative by blood or marriage within the third degree of any member of the City Council or of any Council -appointed official, or of any other official having appointive powers under this Charter shall be permitted to hold any part-time or full-time position within the City, nor shall any two or more persons who are relatives by blood or marriage within the third degree be permitted to hold any part-time or full-time positions within the same department. SECTION 708. POLITICAL AND RELIGIOUS TESTS. Except as otherwise provided by the general laws of this State here- tofore or hereafter enacted, no appointment to any position under the City government shall be made or be withheld by reason of any religious or polit- ical opinions or affiliations or political services, and.no appointment to or selection for or removal from any office or employment and no transfer, promotion, reduction, reward, or punishment shall be in any manner affected by such opinions, affiliations, or service. SECTION 709. EMPLOYMENT POLICY. The City Council shall adopt a Personnel Policy Ordinance, prescribing hiring; discharge and performance standards for Council appointees. No official appointed by the City Council shall be terminated within the three months following a municipal election. No official subject to appointment by the City Administrative Officer shall be terminated within the six 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. SECTION 710. OATH OF OFFICE. Every official of the City, before entering upon the duties of his 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 other- wise 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 by him as an offi- cial or employee, aside from the salary or compensation as fixed by the Council, but all fees received by him in connection with his official duties shall be paid by him into the City Treasury. SAN LUIS OBISPO CHARTER PAGE 10 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 his office or employment, execute a bond to the City in the penal sum provided by such ordinance or resolution, including in the same bond the duties of all offices of which he 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 City Clerk's bond,. if any, which shall be filed with the City Administrative Officer. 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 Administrative Officer 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 he has control, during the next ensuing year. The City Administrative Officer 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 Admin— istrative Officer 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 SAN LUIS OBISPO CHARTER PAGE 11 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 adop- tion of the budget, the 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 justi- fication 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. TAX LIMIT. (a) General.. The Council shall not levy a propery tax for municipal purposes for any fiscal year, greater than eighty-five cents (85 0 on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made: SAN LUIS OBISPO CHARTER PAGE 12 1. A tax sufficient to meet all obligations of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the Public Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to exceed the limits hereinafter.enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the City: 1. For public improvements and betterments: Thirty cents (30�.). 2. For library purposes: Twenty.cents (20fi). 3. For park and recreation purposes: Twenty cents (20(,,). The proceeds from any special levies shall belong to and be paid in to restricted funds set aside for their respective purposes and shall be expended only for such purposes. SECTION 808. ACCOUNTS PAYABLE. Monies shall be drawn from the City Treasurer only in the manner pre- scribed 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. SECTION 810. INDEPENDENT AUDIT. 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, andreports 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 dis- tributed to each member, one each to the City Clerk, the City Treasurer, the City Administrative Officer, and City Attorney respectively, and three 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. SAN LUIS OBISPO CHARTER ARTICLE IX. PUBLIC WORKS AND CONTRACTS PAGE 13 SECTION 901. CONTRACT REQUIREMENTS. Every project involving the expenditure of more than one thousand dollars ($1,000.00) in public funds for furnishing supplies and materials for the same or for any other purpose by the City, shall be let by con- tract to the lowest acceptable bidder, subject to the provisions herein- after described. When the proposed expenditure, exclusive of engineering costs, exceeds one thousand dollars ($1,000.00) but does not exceed five thousand dollars ($5,000.00) three informal bids shall be obtained, but when in excess of five thousand dollars ($5,000.00) formal bids bids shall be required after notice by publication in a newspaper in the City of San Luis Obispo by one or more insertions, the first of which shall be at least ten (10) days before the time of opening bids. If work is of an urgency for the preservation of life, health, or property, the Council may, by at least four affirmative votes, adopt a reso- lution containing a declaration of facts constituting such urgency, and pro- ceed without advertising for bids. SECTION 902. BID PROCEDURE. 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 per cent -(10%) of the aggre- gate 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 his 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. SECTION 903. ACCEPTANCE OR REJECTION OF BIDS. The Council may reject any or all bids and may, at its discretion, re -advertise for bids. In case all bids are rejected, the Council may provide for the work to be done or the supplies and materials purchased under the direction of the City Administrative Officer. When the estimate of the cost'of said work by the City.shows that said work can be done for an equal or less amount than that of the lowest acceptable bid, then the Council, by at least four affirm- ative votes, may adopt a resolution to this effect and assign the work to the appropriate City department or agency. The said department or agency shall then be deemed the contractor with the right to enforce all liens and with the same powers, rights, duties, and obligations as are made or provided by the laws of.the State of California for contractors. In case no bid is received, the Council may likewise adopt a resolution to the effect that the work may be done or the supplies and materials purchased under the direction of the City Administrative Officer, and assign such work to the appropriate City department or agency. SAN LUIS OBISPO CHARTER PAGE 14 SECTION 904. CONTRACT DOCM--ENT. All contracts shall be approved as to form and legality by the City Attorney. All contracts must be in writing, executed in the name.of the City by an official or officials authorized to sign the same., and must be countersigned by the City Clerk who shall number and register each in a book kept for that purpose. SECTION 905. PROGRESS PAYMENTS. Any contract may provide for progressivepayments 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. SECTION 906. SALE OR LEASE OF CITY PROPERTY. The following regulations shall be applicable to City -owned property: No sale or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease or personal property for a period exceeding three years shall be authorized by the Council except by resolution passed by the affirmative vote of three-fifths (3/5) of all the members of the Council. 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. 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, any deletions, modifications, or additions shall be completed in writing and filed with the City Clerk. Any abridgement of any provision of a contract, without a written memorandum as required above, shall be considered a breach of contract and a misdemeanor. 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 transporation, communica- tion, 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 con- veying of any service elsewhere. The City Council may prescribe the terms and SAN LUIS OBISPO CHARTER PAGE 15 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 the provisions of this Charter. 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 objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolu- tion at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor 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, sub- ject to the right of referendum of the people. SECTION 1.003. TERM OF FRANCHISE. Every franchise shall state the.term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty- five (35) years. No franchise may be renewed until three 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 accept- ance 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 ordin- ance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall there- after annex, or consolidate with, additional territory, any and all franchises, SAN LUIS OBISPO CHARTER PAGE 16 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. 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 noth- ing 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), good will, 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 cove- nant and agree to perform and be bound by each and all of the terms and con- ditions imposed in thegrant or by procedural ordinance, and shall further agree to: (a) Comply with all lawful ordinances, rules, and regulations thereto- fore 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 prop- erty 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 Administrative Officer shall be responsible for the enforcement of all provisions of the grant. 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 continue to exist shall con- stitute a separate violation. SAN LUIS OBISPO CHARTER PAGE 17 ARTICLE XI. PERSONNEL ADMINISTRATION. SECTION 1101. RULES AND REGULATIONS. After obtaining and considering the recommendations of the City Administrative Officer, 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 members. 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 becom- ing a candidate.for public office, any such person may 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 Aministration of the Public Employees' Retirement System of California which shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. ARTICLE XII. BOARD 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, respon- sibilities, 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 life -span and clearly defined objectives specified in such a resolution. SECTION 1202. ELIGIBILITY, APPOINTMENT, AND LENGTH OF TER4S. 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. 9' . - SAN LUIS OBISPO CHARTER PAGE 18 No committee member shall be appointed to a term exceeding four 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 affirmative votes of the Council. SECTION 1204. BY-LAWS AND PROCEDURES. Each body established by ordinance shall present in writing to the Council for approval its by-laws for procedure: purpose, specific functions, meetings, officers, budget, etc. SECTION 1205. ANNUAL REPORTS. By May 1 of each year, 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. SECTION 1206. FUNCTIONAL REVIEW. Every five 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. A RESOLUTION OF THE COUNCIL OF THE CITY OF. SAN LUIS OBISPO REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH THE STATE-WIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 1976, FOR THE PURPOSE OF VOTING ON THE ADOPTION OF A NEW CITY CHARTER. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of a Special Municipal Election with the General Election to be held on November 2, 1976, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one.form of ballot, namely the ballot used at such General Election shall be used. The precincts, polling places and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said State-wide General Election. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of -said Special Municipal Election. The City will pay its pro rata share of AG:ktm 8/2/76 d2 Or IL extra costs incurred by the County in consolidating.the elections. 3. The proposition to be voted on at.said Special Municipal Election shall be:. 4. The City Clerk is hereby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. 5. The City Clerk shall certify to the passage and adoption of this Resolution. 6. This Resolution shall take effect upon its adoption. On motion of seconded by and on the following roll.call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1976. ATTEST: City Clerk AGzktm 8/2/76 d2' Mayor Pro -Tem Page 2 Shall the proposed Charter of the City of San Luis Obispo be adopted? YES NO 4. The City Clerk is hereby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. 5. The City Clerk shall certify to the passage and adoption of this Resolution. 6. This Resolution shall take effect upon its adoption. On motion of seconded by and on the following roll.call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1976. ATTEST: City Clerk AGzktm 8/2/76 d2' Mayor Pro -Tem Page 2 :P i Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney By Allen Grimes Approved as to content: City.Administrative officer City Clerk. 0 AG:ktm 8/2/76 d2 Page 3 'Il ilii ,�� i,l�� ......' 'i I city o'%f sAn hila oBISPU : ar CITY ATTORNEY'S OFFICE g, "- ` INTER -OFFICE COMMUNICATION DATE August 2, 1976 TO City Clerk through City Administrative Officer� FROM City Attorney SUBJECT ORDINANCE(S) and/or RESOLUTION(S) FOR COUNCIL MEETING 10 The following stare forwarded for processing and placement on the Council Agenda for the meeting of August 2, 1976 RESOLUTION(S) relating to: Calling of Special Election to consider proposed Charter, consolidation of election with General Election on Nov. 2. ORDINANCE(S) relating to: A�'• (Signature) \ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE -HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1976, AND TO BE CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION TO BE HELD ON SAID DATE, FOR THE PURPOSE OF VOTING ON THE ADOPTION OF A NEW CHARTER. WHERE , Section 3 of Article XI of the Constitution of the State of California authorizes the legislative body of a City on its ow motion, to frame or cause to be framed a proposed charter for the government of any such City, and to submit a proposal r the adoption thereof to the electors of said City; NOW, THEREFORE, B IT RESOLVED by the Council of the City of San Luis Obispo as "fol ows: 1. There is hereby ca led and ordered to be held in the City of San Luis Obispo, Coun of San Luis Obispo, State of California, on Tuesday, Novembe 2, 1976, a Special Municipal Election of the qualified elector of said City for the purpose of voting upon the adoption of a ne City Charter, a copy of which is available for public inspect' n in the Office of the City Clerk. Said Special Municipal Election shall be and is hereby ordered consolidated with the State-wide Ge ral Election to be held on said date, and within the City of. n Luis Obispo, the precincts, polling places, and officers of e ection for the Special Municipal Election hereby called shall e the same as those provided for said State-wide General Electio . AG:ktm 8/2/76 2. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the Special .Municipal Election hereby called with the said General Elec on, and said Board of Supervisors is authorized hereby to can ass the returns of the election hereby called and the election hall be held in all respects as if there were only one electi and one form of ballot, namely the ballot used at such Gene 1 Election shall be used. Said Boar of Supervisors shall certify the results of the canvass of th returns of such Special Municipal Election to the Council.of t e City of San •Luis Obispo, which shall thereupon declare the results thereof. 3. The propositio to be voted on at said.Special Municipal Election shall e: 4. The Board of Supervisors is h reby requested to issue instructions to the County Clerk and Reg strar of Voters to take any and all steps necessary for the h ding of said Special Municipal Election. The City. will pay its p rata share of extra costs incurred by the County in consolida ing the elections. 5. The City Clerk is hereby directed to cause the proposed Charter to be published once within fifteen (15) days fter the adoption of this Resolution in the Telegram -Tribune, a n wspaper AG:ktm 8/2/76 Page 2 Shall the proposed C\rter of the City of San Luis Obiadopted? YES NO 4. The Board of Supervisors is h reby requested to issue instructions to the County Clerk and Reg strar of Voters to take any and all steps necessary for the h ding of said Special Municipal Election. The City. will pay its p rata share of extra costs incurred by the County in consolida ing the elections. 5. The City Clerk is hereby directed to cause the proposed Charter to be published once within fifteen (15) days fter the adoption of this Resolution in the Telegram -Tribune, a n wspaper AG:ktm 8/2/76 Page 2 IL of general circulation printed and published in the.City of San LuiObispo, in each edition thereof during the day of publica- tion. 6. The City Clerk is hereby directed to cause a notice to qualifi d electors of the City of San Luis Obispo that copies of the propo ed Charter may be had upon application therefor at the Office of e City Clerk of said City, at the City Hall in the City of San.. L is Obispo, to be published in the Telegram - Tribune, a newspape of general circulation printed and pub- lished in the City of an Luis Obispo, on the day said proposed Charter is published an in each edition of said newspaper there- after until the day fixed or the election. 7. The City Clerk is h reby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar o Voters of the County of San Luis Obispo. 8. The City Clerk shall certify o the passage.and adoption of this Resolution and shall ca se this Resolution to be published once in the Telegram-Tribu e, a newspaper of general circulation printed and published in he City of San Luis Obispo, within fifteen (15) days of the da e hereof and not more than sixty (60) days prior to the 2nd of November, 1976. 9. This Resolution shall take effect upon its adoption. AG:ktm 8/2/76 Page 3 r On motion of seconded by ,,and on the following roll call vote: AYES: NOES ABSENT: the foregoing esolution was passed and adopted this day of 976. Mayor ATTEST: City Clerk Apprved as to content: Approved as to fo DAVIS, WENDT, MIT HELL & SINSHEIMER, City i:` ttorney A 1 n City Admin) strative Office By Allen Grimes AG:ktm 8/2/76 City Cler Page 4 - 2 197eGENDA ITEM # 2 APPROVED ( } DENIED ( j CONTINIM 10 A RESOLUTION OF THE COUNCIL OF THE CITY Uk SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1976, AND TO BE CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION TO BE HELD ON SAID DATE, FOR THE PURPOSE OF VOTING ON THE ADOPTION OF A NEW CHARTER. BE IT RESOLVED by the Council of the City of San Luis. Obis'po as follows: There is hereby called and ordered to be held in the City of San Luis Obispo, County of San Luis Obispo, State of Californi , on Tuesday, November 2, 1.976, a Special Municipal Election o the qualified.electors of said City for the purpose of voting upo the adoption of a new City Charter, a copy of which is availa le for public inspection in the Office of the City Clerk. Said Special municipal Election shall be and is hereby ordered consolidated\ad the State-wide General Election to be held on said date,within the City of San Luis Obispo, the precincts, polling pl es, and officers of election for the Special Municipal Electi n hereby called shall be the same as those provided for said Sta -wide General Election. 2. -The Board of Supervisors\of the County of San Luis Obispo is hereby requested to orderhe consolidation of .the Special Municipal Election hereby cal\eb said General Election, and said Board of Supervisoized hereby to canvass the returns of the electioled and the election shall be held in.al,l respecte were only one election and one form of ballot, allot used at such General Election shall be use AG:ktm 7/30/76 (d2) Said Board of Supervisors shall.certify the results of the canvass of the returns of such Special Municipal Election to t e Council of the City of San Luis Obispo, which shall thereu n declare the results thereof. 3. he proposition to be voted on at said Special Municipal E ection shall be: 4. The Board of Su ervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps neces ary for the holding of said Special Municipal Election. The City ill pay its pro rata share of extra costs incurred by the Coun y in consolidating the elections. 5. The City Clerk is hereby di ected to file certified copies of this Resolution with the Boa of Supervisors, the County Clerk and.the Registrar of Voters f the County of San Luis Obispo. 6. The City Clerk shall certify to the assage and adoption of this Resolution and shall cause thi Resolution to be published once in the San Luis Obispo County T egram-Tribune, a newspaper of general circulation printed, publish and cir- culated in the City of San Luis Obispo, within fifteen days of the date hereof and not more than sixty days prior to the,, 2nd of November, 1976. AG:ktm 7/30/76 Page 2 Shallhe proposed Charter of the City of an Luis Obispo be adopted? YES NO 4. The Board of Su ervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps neces ary for the holding of said Special Municipal Election. The City ill pay its pro rata share of extra costs incurred by the Coun y in consolidating the elections. 5. The City Clerk is hereby di ected to file certified copies of this Resolution with the Boa of Supervisors, the County Clerk and.the Registrar of Voters f the County of San Luis Obispo. 6. The City Clerk shall certify to the assage and adoption of this Resolution and shall cause thi Resolution to be published once in the San Luis Obispo County T egram-Tribune, a newspaper of general circulation printed, publish and cir- culated in the City of San Luis Obispo, within fifteen days of the date hereof and not more than sixty days prior to the,, 2nd of November, 1976. AG:ktm 7/30/76 Page 2 10 7. This Resolution shall take effect upon its adoption. On motion of , seconded by , and on the following roll call vote: ES: NOES ABSENT: the foregoing esolution was passed and adopted this day of 19 ATTEST: Mayor City Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, Ci* Attorney Allen Grimes AG: ktm 7/30/76 App],,oved as to content: Citv Administrative Officer City Clerk Page 3 ;111ii';i''Jill lil,:il CItY 0 San luis TO J. H. Fitzpatrick, City Clerk DATE 7/30/76 FROM Allen`,Gr' es, City AttornWBJECT Adoption of Charter: Resolution: Electic ivo �� t�-- - Attached is a suggested resolution calling the election with respect to the adoption of a new City Charter. Please review. If approved, process for the Council agenda. c.c. R. D. Miller MEMORANDUM .+' .. � nth � �t �� � �� •\l'��J �f�,7 't' G['��'�7 1(YaJ � '✓ �Y aJ' � 'l'1/••IV Aq� `R ......... �1 ��:il:,o:r 990 PALM STREET o P.O. BOX 321 SAN LUIS OBISPO, CA 93,106 k,�xu,..i;n.u.,r,r.�d�.b�ip��ii,l�i;•Il.� July 27, 1976 MEMORANDUM TO Mayor Schwartz and Members of the City Council FROM Jess Norris, Councilman SUBJECT Proposed City Charter Revision My concerns relative to the proposed City Charter Revision include the following: 1. Term of Mayor: I prefer the present system of allowing the people to vote for Mayor every two years. I am adamantly opposed to asking the people to sacrifice their right to elect a Mayor every two years. I propose that we direct staff to make the new Charter read like the old one relative to this issue. 2. Personnel Board: I am in favor of the present system rather than have a Personnel Board as suggested. Members of the Council are the people's repre- sentatives. They are the only ones the people have a handle on. It is not right to delegate power to appointed people who do not.have to answer to the people. I propose that we direct staff to make the new Charter read like the old one relative to. this matter. 3. Form of Government: I prefer the present form of City Government which I understand to be -"Council -City Administrator". All five members of the Council represent all the people. I think each member of the Council should be equal as has worked so well for so many years. I propose that we direct staff to change Section 201 and Section 406 to make the new Charter read like the old one relative to powers of the Mayor and Members of the City Council. Mayor, Schwartz and Members of. the City Council July 27, 1976 Page Two 4. Filling Council Vacancies: The people deserve to have a say relative to who is going to represent them. I propose that we have staff revise Section 405 to state that Council vacancies will be filled by election. 5. Contract Requirements: We should keep the present $5,000 maximum on bids and that the Charter direct this according to the rise or fall of the construction index. I propose that we direct staff to properly word this.for the public hearing draft. 6. Boards and Commissions:: Eligibility., Appointment and Length of Time. Change Section 1202.to read that they serve terms not to exceed 4 years or serve for a period of more than 8 years. I further recommend that we add a sentence stating that people may serve on only one committee, except in cases where they represent that committee on another. I am very strongly in favor of the following: 1. The time, effort and quality of work the committee did relative to the proposed revision; 2. The way the proposed revision is organized; and 3. Limiting the length of service in one office to 8 years. JN:pv cc: VR Miller J.H. Fitzpatrick Allen Grimes Foster Gruber