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HomeMy WebLinkAboutCHARTER OF THE CITY SAN LUIS OBISPO CALIFORNIA 1955ft r CHARTER OF THE City of San Luis Obispo California ,,, 1955 1 CHARTER ). OF THE City of San Luis Obispo Californian s s s Effective May 18, 1955 f s s TABLE OF CONTENTS Page ARTICLE I. Incorporation and Succession ........................ 1 ARTICLE II. Powers of the City ---------------------------------------- 2 ARTICLE III. Elections-------------------------------------------------------- 2 ARTICLE IV. Form of Government-------------------------------------- 2 ARTICLE V. The Elective Officers ...................................... 3 ARTICLE VI. The Mayor-------------------------------------------------------- 3 ARTICLE VII. The Council .................................................... 4 ARTICLE VIII. City Administrative Officer ............................ 9 ARTICLE IX. Officers and Employees .................:................ 11 ARTICLE X. Executive and Administrative Departments__ -12 ARTICLE XI. Boards and Commissions------------------------------ 13 ARTICLE XII. Fiscal Administration .................................... 15 ARTICLE XIII. Franchises...................................................... 18 ARTICLE XIV. Personnel System -------------------------------------------- 20 ARTICLE XV. Miscellaneous Provisions .............................. 21 Index-------------------------------------------------------------- 23 SAN LUIS OBISPO CHARTER Page 1 ARTICLE I—INCORPORATION AND SUCCESSION SECTION 100. Name of the City. The Municipal Corporation now existing and known as "The City of San Luis Obispo" shall remain and continue a body poldtic and cor- porate, as at present, in fact and in law, and by such name shall have perpetual succession. SECTION 101. Boundaries. The boundaries of the City of San Luis Obispo shall continue as now established until changed in some manner authorized by law. SECTION 102. Rights and Liabilities. The City of San Luis Obispo shall remain vested with and continue to have, hold and enjoy all property, rights of property and rights of action of every nature and description, now pertaining to said mu- nicipality, and is hereby declared to the the successor of the same. It shall be subject to all liabilities that now exist against this mu- nicipality. SECTION 103. Ordinaaces. All lawful ordinances, resolutions, rules and regulations or por- tions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or super- seded by proper authority. SECTION 104. Continuance of Contracts and Public Improvements. All contracts entered,into by the City, or for its benefit, prior to the effective date of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the dis- cretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter. SECTION 105. Pending Actions and Proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein con- tained, but all such actions or proceedings may be continued not- withstanding that functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or trans- ferred by or under this Charter to another officer, office, department or agency, but in that event, the same may be prosecuted or de- fended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred -by or under this Charter. SECTION 106. Continuance of Present Officers and Employees. The members of the City Council and Board of Education in office at the time of the approval of this Charter by the Legislature shall continue to hold office and discharge their duties for the balance of the term for which they were elected, or until their successors are elected and qualified. All appointed and elective officials, officers and employees of the City now in office or employed at the time of the approval of this Charter by the Legislature, shall continue to hold their office or employment until they are reappointed or re- elected or their successors are appointed or elected in their place, or until their term of office or appointment otherwise closes. SAN LUIS OBISPO CHARTER Page 2 ARTICLE II—POWERS OF THE CITY SECTION 200. 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 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 pre- scribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution 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 201. Procedures. The City shall have the power and may act pursuant to pro- cedure established by any law of the State, unless a different pro- cedure is established by ordinance. ARTICLE III—ELECTIONS SECTION 300. General Municipal Elections. General municipal elections to fill elective offices shall be held in said City on the third Tuesday in April in each odd numbered year. (Amendment adopted June 7, 1966.) SECTION 301. Special Municipal Elections. All other municipal elections that may be held by authority of this Charter, or of general law, or by Ordinance, shall be known as special municipal elections. SECTION 302. Procedure for Holding Elections. 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 exist or may hereafter be amended, for the holding of elections in general law cities or cities of the 6th class, in so far as the same are not in conflict with this Charter. SECTION 303. Initiative, Referendum and Recall. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative, referendum and recall of municipal officers, shall apply to the use thereof in this City in so far as the provisions of the elec- tions code are not in conflict with this Charter. SECTION 304. 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 three years 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. ARTICLE IV—FORM OF GOVERNMENT SECTION 400. Council -Administrative Officer Form of Government. The municipal government provided by this Charter shall be known as the "Council -Administrative Officer" form of government. SAN LUIS OBISPO CHARTER Page 3 ARTICLE V—THE ELECTIVE OFFICERS SECTION 500. Enumeration. The elective officers of the City of San Luis Obispo shall be a Mayor and four Councilmen, and Hive members of the Board of Education. The Council shall consist of the Mayor and flour Council- men, each of whom, including the Mayor, shall have the right to vote on all questions com+ing before the Council. SECTION 501 Elected at Large. The Mayor and Councilmen shall be elected at the general mu- nicipal election on a general ticket from the City. at large. SECTION 502. When Office Becomes Vacant. 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 Abe a resident of the City, or neglects to qualify within the time prescribed by the provisions of this Charter, or shall have been absent from the State without leave granted by the City Council for more than sixty consecutive days, or fails to attend the meetings of the body of which he Is a member for a dike period without being excused therefrom by said body. ARTICLE VI—THE MAYOR SECTION 600. Term of Office. The Mayor shall hold office for a term of two years commencing on the first -day of May at twelve -o'clock noon following his elec- tion and until .his successor is qualified and elected. SECTION 601. Powers and Duties. 'Nle Mayor shall be President of -the. City Council and shall pre- side at all its meetings -and Perform 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. Failure or refusal to vote shall be construed .as -an affirmative vote. He shall be recognized as the official head of the City for all ceremonial purposes, by the Courts for the purpose of serving civil process, and by the Governor for military purposes. In time of pubIdc danger or emergency, he may, with the consent.of the Council, take command of the police, main- tain order and enforce laws. SECTION 602. Additional Duties. The Mayor shall exercise_ such other powers and perform such other duties as may be prescribed by Taw or ordinance -or by reso- lution of the Council, except as limited by -this Charter. SECTION 603. Mayor Pro Tempore. _ The'Council shall elect one of its members to .be Vice President. During the temporary absence or disability of the Mayor, the Vice President of the Council shall act -as Mayor 'Pro Tempore. In case of the temporary absence or disability of both the Mayor and the Vice 'President, the Council shall elect one of its members to be Mayor Pro Tempore. In case of vacancy in the office of Mayor, the Vice President of the Council shall act as Mayor until such vacancy can be filled as provided in this Charter. SAN LUIS OBISPO CHARTER Page 4 SECTION 604. Compensation. The Mayor shall receive Two Hundred Fifty Dollars ($250.00) per month compensation for his services as such, payable monthly, ex- cept to the extent heretofore or hereafter approved by the electorate, but the Mayor shall receive reimbursement on order of the Council for Council authorized traveling and other expenses when on official duty. (Amendment adopted April 18, 1967.) ARTICLE VII—THE COUNCIL SECTION 700. Election and Terms of Councilmen. At the first general municipal election held under this Charter in April of 1957, two members shall be elected to the Council, and there- after two members shall be elected alternately at each succeeding biennial election. The terms of each elected mmber shall commence on the first day o fMay at twelve o'clock noon, following the election, and each member shall serve for a term of four years ,and until his successor is elected and qualified. Any ties in voting shall be settled by the casting of lots. SECTION 701. 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 304 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. SECTION 702. Compensation. Each Councilman shall receive One Hundred Fifty Dollars ($150.00) per month compensation for his services as such, payable monthly, except to the extent heretofore or hereafter approved by the elec- torate, but the members of th Council shall rceive reimbursement on order of the Council for Council approved traveling and other ex- pense when on official duty. (Amendment adopted April 8, 1967.) SECTION 703. Councilman 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 moneys; 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 ex- piration of the term for which he was elected. SECTION 704. Administering Oaths. Subpoenas. Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending beforfe 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 705. 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 pow- ers of legislation in municipal affairs adequate to a complete sys- tem of local government consistent with the constitution of the State. SAN LUIS OBISPO CHARTER Page. 5 SECTION 706. Meetings of Council. The Council shall, by ordinance or resolution, .provide for the time and place of holding its meetings and the manner in which Its special meetings may -be called. SECTION 707. Meetings to be Public. All legislative sessions of the Council, whether regular or special, shall be open to the public. SECTION 708. Quorum. A majority of the Council shall constitute a quorum for the trans- action of business, but a less number may adjourn from .time to time and postpone the consideration of pending business. SECTION 709. Rules of Proceeding. The Council shall determine its own rules of procedure, may pun- ish its members for disorderly conduct and compel their attendance at the Council meetings. SECTION 710. General Powers of the Council. Subject to the provisions and restrdetions in this Charter con- tained, and the delegation by this Charter of any powers to any person, officer, board, or commission, which delegation ofppoower, if any, shall control, 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 of the State of California, or which now or hereafter it would be compe- tent 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 711. Certain Powers and Duties Enumerated. The Council shall: (1) Have all the powers of a council under the laws of the State of California, except as otherwise provided herein. (2) Appoint a City Administrative Officer, a City Treasurer, a City Attorney, a City Clerk -Assessor, a -Library Board, a ' Planning Commission, and a Park and Recreation Commission. (3) Subject to the provisions and restrictions of this Charter: (a) Have power to require every railroad company to keep the streets In repair between the tracks, and within the railroad right of way; and (b) Have power in the interests of public health, welfare and safety to cause the removal and placing underground of all telephone, telegraph, electric light or other wires within the city, or within any designated portion thereof, and to regu- late or prohibit the placing of poles and suspending of wires along'or. across any of the streets, highways and public places in the city. SECTION 712. Method of Action by Council. All action by the Council shall be taken only by means of ordin- ance, resolution, or oral motion duly made and passed. SAN LUIS OBISPO CHARTER Page 6 SECTION 713. Ayes and Noes. The ayes and noes shall be taken upon the passage of all ordi- nances -and resolutions and entered upon the journal of the proceed- ings 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 714. Majority Vote of Council. 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 715. Ordinances. Enacting Clauses. The enacting clause of every ordinance passed by the Council shall be: "Be it ordained by the Council of the City of San Luis Obi&po." 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 716. 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 there- after, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be sopublished. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. SECTION 717. Emergency Ordinances. Any ordinance declared by the Council to be necessary as an emer- gency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be intro- duced and adopted at one and the same meeting if passed by at least four affirmative votes. SECTION 718. When Ordinances Go Into Effect. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council granting any franchise or priv- ilege, shall go into effect at the expiration of thirty days after fts final passage, unless otherwise provided in said ordinance or meas- ure; provided, however,that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordi- nances declared -by the Council to be necessary as emergency meas- ures as hereinbefore provided, ordinances ordering or othrwise relat- ing to elections, ordinances relating to public improvements, the cost of which is to be borne wholly or in part by special assess- ments, and taxing ordinances, may go into effect at the will of the Council. SECTION 719. Amending Ordinances. No ordinance shall be amended -by reference to its title, but the sections 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. SAN LUIS OBISPO CHARTER Page 7 SUCTION 720. 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 ac- cordance 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 ar- ranged as a comprehensive code, may likewise be adopted by ref- erence in the manner provided by state law. SECTION 721. Repeal. No ordinance nor section thereof shall be repealed except by an ordinance adopted do the manner provided in this Charter. SECTION 722. Board of Equalization. The Council shall meet at its usual place of holding meetings on the first Monday in July of each year, at ten o'clock in the forenoon of said day, and sit as a board of equalization, and shall continue in session for that purpose, from time to time, until the business of equalization is disposed of, but not later than the third Monday in July. Publication of the time and place of such meeting shall be made 'by at least one published notice in a newspaper published in the city. SECTION 723. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor and may be prosecuted or may be redressed in the manner provided by the general law of the State. SECTION 724. Public Works and Supplies. (1) All contracts shall be drawn under the supervision of the City Attorney. All contracts must be in writing, executed in the name of the City, by an officer or officers authorized to sign the same, and must be countersigned by the City Clerk, who shall number and register the same in a book kept for that purpose. (2) Progressive Payment of Contracts. Any contract may provide for progressive payments if in the ordinance or resolution authoriz- ing or ordering the work permission is given for such payment. But 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 per cent (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 per cent (90%) of the contract price before the completion and acceptance of the work. _ (3) Public Work to be Done by Contract. In the erection, improve- ment and repair of all public buildings and works, in all street and sewer work, done under and by authority of the laws of the State creating a bonded indebtedness, and in furnishing any supplies or materials for the same, or for any other use by the City, when the expenditure exclusive of engineering costs required for the same exceeds the sum of Five Hundred Dollars ($500.00) but does not ex- ceed the sum of Two Thousand Dollars ($2,000.00), three informal bids are required; when over Two Thousand Dollars ($2,000.00), for- mal bids are required, and the contract shall be let to the lowest responsible bidder after notice by publication in a newspaper of the City of San Luis Obispo by at least one insertion, which shall be at least ten (10) days before the time for opening bids; provided, SAN LUIS OBISPO CHARTER Page 8 however, the Council may by a three fifths (3/5) vote reject any and all bids, if deemed excessive or otherwise contrary to the best in- terests of the public, and readvertise for bids, or provide for the work to -be done or supplies or materials purchased under the direction of the City Admindstrative Officer, provided the total cost submitted by the City Administrative Officer shall not exceed the lowest ac- ceptable bid submitted. In case no bid is received, the Council may likewise provide for the work to be done or supplies or materials purchased under the direction of the City Administrative Officer. When the estimate of the cost of said work by the Director of Public Works shows that said work can be done for an equal or less cost than that of the lowest bid, then any of the work herein mentioned may be done by the the Department of Public Works, and the said department shall be deemed the contractor, with the right to enforce all liens, and with the same powers, rights, duties and obligations as are made and provided by the laws of the State for contractors who have entered into contracts to do such work as the lowest re- sponsible bidder. (4) Preference to Citizens of the City. (a) When laborers, workmen or mechanics are employed upon any public work, whether so employed directly by the City and its officers, or by contractors or subcontractors, or by any other person or persons, such laborers, workmen or mechanics whenever practical must be qualified residents of the City for at least ninety (90) days, and veterans and married men must be given preference, other qualifications being equal. (b) When making purchases for any department of the City, local merchants shall be given the preference, quality, price and service being commensurate. SECTION 725. Sale or Lease of City Property. The following regulations shall be applicable to City -owned prop- erty: No sale or lease of real property nor any sale of personal prop. erty of a value in excess of One Hundred Dollars ($100.00) nor any lease of personal property for a period exceeding three years shall be authorized by the Council except by ordinance passed by the affirmative vote of three-fifths (3/5) of all the members of the Council. SECTION 726. Official Bonds. The Council shall, by.ordinance or resolution, determine what offi- cers 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 other- wise, ex officio incumbent. Such bonds must be examined and ap- proved by the Council. All bonds when approved shall be filed with the City Clerk, except the City Clerk's bond, if any, which shall be filed with the 'Oity Administrative Officer. All the provisions of any law of this State relating to the official bonds of officers as then existing shall apply to such bonds, except as herein otherwise pro- vided. In all cases where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. SAN LUIS OBIS'PO CHARTER Page 9 ARTICLE VIII—CITY ADMINISTRATIVE OFFICER SECTION 800. Tenure of the City Administrative Officer. The City Administrative Officer shall hold office for and during the pleasure of the City Council. Removal of the City Administrative Officer shall be only by a vote of at least three (3) members of the City Council and shall be subject to the following provisions: (1) If removal is to be considered, the Council shall by majority vote at a regular Council meeting adopt a resolution stating that at a regular Council meeting at a specified date and time not less -than thirty days thereafter the Council will consider whether, in the City.'s interest, the services of the City Administrative Officer shall be continued or terminated. A notice of said intention shall 'be published at least once in a newspaper of the City of San Luis Obispo prior to the expiration of the 30 -day period. (2) Following adoption of the resolution, the City Council may, by majority vote, suspend the City Administrative Officer from his duties pending a determination concerning retention of his services, but his compensation shall continue until such determination is made except in cases involving alleged criminal acts and/or acts involving moral turpitude. In such cases, compensation shall cease upon suspension but may be awarded by the Council later if the accused is found innocent. (3) At any meeting where the question or retention or removal. of the City Administrative Officer is considered, the City Adminis- trative Officer shall have the Tight to present such evidence in his own behalf as he may desire, but the City Council shall use its un- controlled discretion in making the decision, and 'its action shall be final and shall not depend upon any particular showing or degree of proof. (4) The City Administrative Officer shall notify the City Council at least thirty days in advance of intended resignation. Failure to do so may 'be grounds for withholding any payments due him for his services. This provision may be waived by a majority of the Council. (5) Notwithstanding the other provisions of this section, the City Administrative Officer shall not be removed from office during or within a period of ninety days next succeeding any general munici- pal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to become familiar with the affairs of the City and to ob. serve the actions and ability of the City Administrative Officer in the performance of the powers and duties of his office. After the expiration of said ninety day period aforementioned, the provisions of the preceding section as to the removal of said City Administrative Officer shall apply and be effective. SECTION 801. Qualifications. The City Administrative Officer shall be chosen on the basis of his executive and administrative qualifications, with special reference to his actual experience, in, or -his knowledge of, accepted practice with respect to the duties of his office as hereinafter set forth. He need not be a resident of the City or State at the time of his appoint- ment, but during his tenure of office, -he shall reside within the City. The City Administrative Officer shall be appointed within ninety (90) days after this Charter becomes effective. SECTION 802. Eligibility of Councilmen. 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 10 SECTION 803. Salary. The City Administrative Officer shall be paid a salary commen. surate with his duties and responsibilities. SECTION 804. Powers and Duties. The City Administrative Officer shall be the administrative head of the government of the City. The Council shall instruct the City Administrative Officer in matters of policy.Any action, determina- tion or ommission of the Administrative Oficer shall be subject to review by the Council, but the Council may not overrule, change or modify any such action, determination or ommission except by an affirmative vote of at least three members of said Council. The Administrative Officer shall be responsible for the efficient admin- istration of all the affairs of the City which are under his control. In addtion to his general powers as administrative head, and not as a limitatiori thereon, it •shall be his duty, and he shall have the powers • set forth in the following sub- sections: (1) Appoint and, when necessary for the good of the service, dis- cipline and remove all officers and employees of the City except elective officers, the city clerk -assessor, city attorney, city treasurer, and members of the library board, spark and recreation commission and planning commission, and except as he may authorize the head of any department or office to appoint or remove subordinates in such department or office. (2) Prepare and submit the annual budget to the Council and be responsible for its administration after its adoption and prepare such estimates and reports as may be required 'by the Council in- cluding the annual report of all the departments of the City. (3) Make such recommendations to the Council or Board of Equal- ization regarding the annual assessment roll as he may deem ad- visable. (4) Act as purchasing agent for all departments of the City; pro- vided, however, that he may designate some officer or employee of the City to act as assistant purchasing agent, and to perform the duties of the purchasing agent. All purchases shall be made by requisition signed by the City Administrative Officer. (5) Prepare rules and regulations governing the contracting for, purchasing, storing, inventory, distribution or disposal of all sup- plies, materials, and equipment required by any office, department or agency of the City government and recommend them to the Coun. cil for its adoption. (6) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City are enforced. (7) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable. (8) Interchange employees between or among departments if he deems it proper so to do. (9) Immediately upon taking office, and .annually thereafter, inventory and appraise the value of all real estate, buildings, fur. niture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or departw. ment head to inventory the same or any portion thereof and main- tain a perpetual inventory. One copy of suchinventory shall be filed with the City Council and one with the City Clerk. (10) Act as and be custodian of all City property, custody of which has not been otherwise provided for. SAN LUIS OBISPO CHARTER Page 11 (11) Exercise general supervision over all privately owned public utilities operated within the City so far as the same are, subject to municipal control. (12) See that the provisions of all franchises, leases, contracts, permits and privileges, granted by the City are fully observed, and report to the Council any violation thereof. (13) The City Administrative Officer may attend any and all meetings of the Planning Commission, Park and Recreation Commis- sion, Library Board, and any other commissions or boards hereto- fore or 'hereafter created by the City Council, upon his own volition or upon direction of the City Council. At any such meetings at which the City Administrative Officer attends, he shall be heard by such commissions and boards as to all matters upon which he wishes to address them. (14) Act as Personnel Officer of the City. (15) Perform such other duties as may be prescribed by this Char- ter or required of him by the Council not inconsistent with this Charter. (16) The City Administrative Officer shall be accorded a seat at the City Council table and shall be entitled to participate in the de- liberations of the Council but shall not have a vote. The City Council shall appoint one of the other officers of the City of 'San Luis Obispo to serve .as City Administrative Officer 'Pro Tempore during any ab- sence or disability of the City Administrative Officer. SECTION 805. Ineligible Persons. No person related to the City Administrative Officer by consan- guinity or affinity within thethird degree shall hold any appointive office or employment with the City. ARTICLE I%—OFFICERS AND EMPLOYEES SECTION 900. Officers and Employees. General. The officers of the City of San Luis Obispo shall consist of a Mayor, the Council, the Board of Education, a City Administrative Officer, a City Treasurer, a City Clerk -Assessor, a City Attorney, and such other or subordinate officers, assistants, deputies and employ- ees as the Council may deem necessary to provide for. The City Clerk -Assessor, City Attorney and City Treasurer shall be appointed by and may be removed only by the affirmative votes of a majority of the members of the Council. The City Administrative Officer shall be appointed and removed as provided by Section 800 of this Charter. All other officers and department heads of the City shall be appointed by and may beremoved by the City Administrative Officer, except as in this Charter otherwise provided. SECTION 901. Duties of Officers and Employees. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall 'provide in a manner not inconsistent with this Charter, for the powers and duties ofall offi. cers and employees of the City. SECTION 902. Combining of Offices. Where the positions are not incompatible, the Council may com- bine in one person the 'powers and duties of two or more offices created or provided for in the Charter. SAN LUIS OBISPO CHARTER Page 12 SECTION 903. Consolidation of Function. The Council may transfer or consolidate functions of the City gov- ernment 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 consolida- tion, the provisions of this Charter providing for the function of the City government so transferred or consolidated, shall be deemed sus- pended 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. SECTION 904. Compensation of Officers and Employees. The compensation of all City officers and employees, except as otherwise provided in this Charter, shall be by salary to be fixed by ordinance or resolution. No officer or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation for any work performed by him as an officer 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. SECTION 905. Oath of Office. Every officer of the City, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitu- tion of this State, and shall file the same with the City Clerk. SECTION 906. Nepotism. The Council shall not appoint to a salaried position under the City government, any person who is a relative by blood or marriage within the third degree of any one or more members of such Coun- cil, and neither shall any department head or other officer having appointive power appoint any relative of the Council or himself within such degree to any such position. SECTION 907. Political and Religious Tests. Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no appointment to any position un- der the City government shall be made or be withheld by reason of any religious or political opinions or affiliations or political serv. ices, 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. ARTICLE 8—EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS SECTION 1000. Assignment of Powers. Organization. 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 organization, functions, conduct and operation of the several offices and depart- ments of the City, and may provide for the creation of additional departments, divisions, offices and agencies, and for their consoli- dation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of divisions, offi- ces and agencies to departments, and for the number, title, qualifi- cations, powers, duties and compensation of all officers and em- ployees. SAN LUIS OBISPO CHARTER Page 13 ARTICLE 8I—BOARDS AND COMMISSIONS SECTION 1100. Board of Education. The control of the public schools of the -San Luis Obispo School District and of the Junior High School, Senior High School, and Junior College situated within the boundaries of the San Luis Obispo High School District shall be vested in a Board of Education, which shall consist of five members nominated and elected from the San Luis Obispo High School District at large. SECTION 1101. Eligibility. A .person eligible to be a member of the Board of Education must have been .a resident of the San Luis Obispo High School District for at least three years preceding the date of his election or appoint- ment and an elector thereof at the time of such election or ap- pointmnt. SECTION 1102. Powers and Duties. The powers and duties of the Board of Education shall be such as are prescribed by the Constitution and laws of the State of Cali- fornia. SECTION 1103. Election and Terms. The members of the Board of Education shall serve for terms of four years from the 1st of May at twelve o'clock noon following the election, or until their successors are elected and qualified. The Board of Education in office at the time this charter ds approved by the State Legislature shall continue in office until the expiration of the terms to which the members thereof were individually elected; and thereafter, at eachbiennial election, there shall be elected mem- bers of the Board to fill the terms of the members expiring in that year. All vacancies in the Board of Education shall be filled by a vote of the remaining memebrs of the Board for the unexpired term thereof. SECTION 1104. Compensation. -Each member of the Board of Education shall receive five dollars ($5.00) for each regular meeting of the Board of Education which he shall attend; provided that he shall not receive more than twenty dollars ($20.00) in any one month. SECTION 1105. Library Trustees. The control and administration of the 'San Luis Obispo Public Li- brary shall be vested in the Board of Library Trustees which shall consist of five members appointed by the City Council for four year terms. The members of the board shall serve without compensation. The first board to be appointed under this Charter shall be chosen as follows: three members for a four year term and two members for a two year term. All terms shall commence July 1, 1955. There- after the Council shall appoint either two or three members each two years respectively. Any vacancy in the Board shall be filled by the Council for the unexpired term. SECTION 1106. Powers and Duties. The powers and duties of the Library Board shall be such as are prescribed by ordinance of the City of San Luis Obispo and within the .Provisions thereof, it may make and enforce rules and regula- tions as may be necessary for the operation of the Library. SAN LUIS OBISPO CHARTER Page 14 SECTION 1107. Park and Recreation Commission. There shall be a Park and Recreation Commission consisting of seven (7) members of which not more than five (5) shall be of the same sex. They shall serve without compensation. The members shall be appointed by the City Council for four year terms. The first board to be appointed under this Charter shall be chosen as follows: four members for a four year term and three members for a two year term. All terms shall commence July 1, 1955. Thereafter the Coun- cil shall appoint either four or three members each two years re- spectively. Any vacancy in the Board shall be filled by the Council for the unexpired term. SECTION 1108. Powers and Duties. The powers and duties of the Park and Recreation Commission shall be such as are prescribed by ordinance of the City of San Luis Obispo and within the provisions thereof, it may make and enforce rules and regulations, as may .be necessary for the operation, main- tenance, management and control of the park and recreations ac- tivities of the City. SECTION 1109. Reports. The Park and Recreation Commission shall make full and com- plete monthly and annual reports to the City Administrative Offi- cer .and the City Council and such other reports as may -be requested -by these officials. SECTION 1110. Planning Commission. There shall the a City Planning Commission of seven members who shall serve without compensation for a four year term. The first commission to be appointed under this Charter shall be chosen as follows: four members for a four year term and three members for a two year term. All terms shall commence July 1, 1955. There- after the Council shall appoint either four or three members each two years respectively. Any vacancy In the Commission shall befilled Eby the Council for the unexpired term. The ex officio members of the Planning Commission shall be one member of the City Council elected ,by and from that body, the City Attorney, City Engineer, and City Assessor. The ex officio members shall not be entitled to a vote. SECTION 1111. Powers and Duties. The Planning Commission shall have such powers and duties as it may be entitled to under the provisions of the laws of the State of California and/or any ordinances pertaining thereto adopted by the Council. SECTION 1112. Presiding Officer. The presiding officer of any board or commission provided for in this article shall be chosen by the members of said board or commission. SECTION 1113. Removal of Members of Boards or Commissions. Any provision in this Charter to the contrary notwithstanding, the City Council shall have the right to remove any member of any board or commission appointed by the Council whether said mem- ber has completed the term for which .he was appointed or not, and no reason therefor need be given, and such removal may be effected by an affirmative vote of three members of the Council. SAN LUIS OBISPO CHARTER Page 15 ARTICLE SII—FISCAL ADMINISTRATION SECTION 1200. 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 1201. Tax System. The Council shall by ordinance 'provide a system for the assess- ment, 'levy and collection of City taxes upon property. SECTION 1202. 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 esti- mate, 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 Adminis- trative Officer •shall also at said time submit to the Council an es- timate of the amount of income from fines, licenses, and other sourc- es of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation. SECTION 1203. Public Hearing on the Budget. After reviewing the proposed budgert as submitted by the City Administrative Officer and making such revisions as it may deem advisable, the Council shall determine the time for -holding of a public hearing upon, and shall cause a notice thereof to 'be published not less than ten (10) days -prior to said hearing 'by at least one insertion in a newspaper in the City of San Luis Obispo. Copies of the proposed budget shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the proposed budget at which inter- ested persons desiring to be heard shall :be given such opportunity. SECTION 1204. Adoption of the Budget. After the conclusion of the public -hearing the Council shall fur- ther 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 bud- get, 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 ex- pended or lawfully encumbered. At any meeting after the adoption of the budget, the Council may amend or supplement the 'budget by motion adopted by a majority vote of the Council. SECTION 1205. Tox Limit. (a) General. The Council shall not levy a property tax for mu- nicipal purposes other than for school purposes, for any fiscal year, greater than eighty-five cents (850) on each one hundred dollars of assessed value of taxable property in the City, except as other- wise 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. SAN LUIS OBISPO CHARTER Page 16 (1b) Additional Taxes. There shall .be levied and collected at the time and in the same manner as other property taxes for munici- pal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made: 1. A tax sufficient to meet all obligations of the City for prin- cipal and interest of all bonds or judgments due and unpaid or to become -due during the ensuing fiscal year which con- stitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for retirement of the City Em- ployees, 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 the support and maintenance of the City's public library system. Twenty cents (20¢). 3. For park and recreation purposes. Twenty cents (20¢). The proceeds from such special levies shall belong. to and be paid to special funds set aside for their respective purposes and shall be expended only for such purposes. SECTION 1206. Independent Audit. The Council shall employ, at the beginning of each fiscal year, an independent certified or registered public accountant who, at such time or times as may be specified by the Council, at least annually, shall examine the books, records, inventories, and reports of all officers and employees who receive, handle or disburse public funds and all such. other officers and employees and departments as the Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the Council, one copy thereof to be distributed to each member, one to the City Clerk, one to the City Treasurer, one to the City Ad- ministrative Officer and City Attorney respectively, and three addi- tional copies to be placed on file in the officeof the City Clerk where they shall be available for inspection by the general public. SECTION 1207. Public Work to be Done by Contract. Every project involving an expenditure of public monies of more than Two Thousand Dollars ($2,000.00) exclusive of engineering costs, 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 a newspaper in the City of San Luis Obispo by one or more insertions, the first of which shall be at least ten days before the time for opening bids. SECTION 1208. Form of Bids. Security Required. 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 there- in, or if no amount be so specified then in an amount not less than ten per cent (10%) of the aggregate amount of the bid. If the suc- cessful bidder neglects or refuses to enter into the contract, within SAN LUIS OBISPO CHARTER Page 17 the time specified in the notice inviting bids or specifications re- ferred 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 forefeited shall be prosecuted and the amount thereof collected and paid into such fund. SECTION 1209. Council's Authority to Reject All Bids. The Council may reject any and all bids presented and may re - advertise in its discretion. SECTION 1210. City May Perform Work. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates ap- proved by the City Administrative Officer, the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least four affirmative votes of the Council may proceed to have said work done In this manner stated, without further observance of the provisions of this article. Such contracts likewise may be let without advertising for bids, if such work shall be of urgent neces- sity. for the preservation of life, health or property and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency. SECTION 1211. Natural Gas, Telephone Service. Electricity Exempted. Nothing in this article shall be construed to apply to the acquisi- tion or purchase of natural gas, telephone service, electricity, electric power or electric energy by the City for any use or purpose. SECTION 1212. Demands Against the City. Moneys shall be drawn from the City Treasury only in the man- ner prescribed by ordinance of the Council. SECTION 1213. Action Against the City. (a) No suit shall be brought on any claim for money or damages against the City or any board, or officer 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. Except in those cases where a shorter time is otherwise provided by law, all claims for damages against the City must be presented to the City Administrative Officer within ninety days 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 oc- currence and the extent of the injuries or damages received, all other claims or demands shall be presented within ninety days after the last item on the account or claim accrued, provided, however, that the Council may by four-fifths majority vote waive this pro- vision as to claims arising out of contract in hardship cases. In all cases such claims shall be approved or rejected in writing and the date thereof given. Failure to complete the action approving or rejecting any claim or demand within sixty days from the day the same is filed with the City Administrative Officer shall be deemed a rejection thereof. (•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 pay- ment on account of said items shall be set out by an ordinance adopted by the Council. SAN LUIS OBISPO CHARTER Page 18 ARTICLE XIII—FRANCHISES SECTION 1300. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an ex- isting franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service, and to use the public streets, ways, alleys and places, as the same now or may hereafter exist, for the construction and operation of plants, works or equipment, necessary or convenient for the furnish- ing thereof, or necessary or convenient for traversing any -portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter. SECTION 1301. Resolution of Intention, Notice, and Public Hearing. Before granting any franchise, the City Council shall pass a reso- lution 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 lbe. granted. Such resolu- tion 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 resolution at least once within fifteen (15) days of the passage thereof in a newspaper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) 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, subject to the right of referendum of the people. SECTION 1302. 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 aban- doned by its possessor, or until the State of California, or some mu- nicipal 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 situate within the terrdtorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with 1ts terms by the possessor thereof. SECTION 1303. Grant to be in Lieu of All Other Franchises. Any franchise granted by the City with respect to any given, utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any SAN LUIS OBISPO CHARTER Page 19 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 .be- come effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional terri- tory, any and all franchises, Tights 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 1304. Eminent Domain. No franchise grant shall in any way or to any extent impair or affect the -right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing .herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid -by the City for any utility, no allow- ance 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, sev- erance damage, or increased value of right of way. SECTION 1305. Duties of Grantee. By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordi- nance, and shall further agree to: (a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance and operation of its plants, works or equipment; (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facili- ties 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 (e) 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 gran- tee within the limits of the City, or such other compensation as. the City Council may prescribe in the grant. SECTION 1306. ExercisingRights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such franchise, shall be a misdemeanor, and each day that such condition continues to exist shall constitute a separate violation. SAN LUIS OBISPO CHARTER Page 20 ARTICLE SIV—PERSONNEL SYSTEM SECTION 1400. 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 1401. Personnel Board or Personnel hearing Board. The Council may, in its discretion, establish a Personnel Board consisting of five members, with such terms as the Council may Prescribe, or the Council may establish a Personnel Hearing Board consisting of three members. (a) Should a Personnel Board be established, its members would be appointed by the Council, and its duties would be of an advisory nature to the City Administrative Officer and the Council on all personnel matters. On dismissals or other disciplinary actions, the Board would act as a hearing board with power to conduct public hearings on appeal, under such rules as the Council might set up by ordinance or resolution, and upon the conclusion of any hearing, the Board shall file with the Council a written report of its findings. (b) Should the Council decide to establish a Personnel Hearing Board, its members would be appointed by the Council, and such Board would act only as an appeal -board on dismissals or other disciplinary actions and upon the conclusion of any hearing, the Board would cause to be filed with the Council a written report of Its findings. SECTION 1402. Contract Personnel Service. The City Council shall have the power to enter into a contract with the State Personnel Board, or any other governmental or pri- vate personnel agency, to furnish personnel services for the proper selection and management of employees of the City. The Council shall also have power to enter -into contracts for limited periods of time with expert, technical, or scientific services in the :installation or management of a personnel system. SECTION 1403. Political Activities Prohibited. No employee shall take an active part in any municipal political campaign in so far as such campaign pertains 'to the nomination or election of any candidate for municipal office in the City of San Luis Obispo, nor shall such person secure, contribute, or solicit the contribution of money towards the nomination or election of any candidate for municipal office in the City, nor shall such person seek signatures to any petition seeking to advance the candidacy of any person for any municipal office in the City. Any person violating this section shall immediately forfeit his office or employment. SECTION 1404. May Become a Candidate. Nothing in Section 1403 shall be construed to prevent any full- time employee from seeking election or appointment to public office. Upon becoming a candidate for public office, any such person shall request and be granted a leave of absence, without pay, to remain in effect during the period of time such person is a candidate. SECTION 1405. Salary and Wage Survey. The City Administrative Officer may once each year, if the Council approves, make or have made, a study of salaries and wages being SAN LUIS OBISPO CHARTER Page 21 paid in other comparable public and private agencies, do order to ascertain whether the salaries and wages being paid the City officers and employees for similar work are comparable, and make recom- mendations to the City Council thereon. SECTION 1406. Retirement. State System. The City Council ds empowered to enter into a contract with the Board of Administration of the California State Employees' Retire- ment System, as it now exists or may hereafter be amended, making the appointed officials and employees of the City of San Luis Obispo, including the employees of the Public Library, members of the said system. It is provided, however, that the Council may terminate this contract with the Board of Administration of the State Employees' Rtirement System only upon authority granted by an ordinance adopted by a majority vote of the electors of the City voting on such a proposition at an election at which such proposal is presented. ARTICLE SV MISCELLANEOUS PROVISIONS SDCTION 1500. Effective Date of Charter. This Charter -shall take effect from the time of the approval of the same by the legislature.. SECTION 1501. General Law Applicable. All general laws of the State applicable to municipal corpora- tions, 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 1502. Validity of Charter. If any section, subsection, sentence, clause or phrase of this Charter Is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining separable portions of this Charter. The people of the City of San Luis Obispo hereby declare that they would have adopted this Charter and each section, 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. SECTION 1503. Violation of Charter. and Ordinances. The violation of any provision of this Charter or of any ordinance of the City 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 vio- lation of any provision of this Charter, or of any ordinance of the City, shall be a fine of not exceeding 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 or of any ordinance 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. SECTION 1504. 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 pay. ment of the expenses of operating, maintaining, improving or bet- tering such public utility, and to the payment of any debts and in- terest thereon which may have been incurred for the acquiring, improving, operating or maintaining of such utility. SAN LUIS OBISPO CHARTER Page 22 SECTION 1505. Amendments. This Charter may be amended in accordance with the provisions of Section 8, Article XI, of the Constitution of the State of California. SECTION 1506. Construction of Charter. The word "City". wherever It occurs in this Charter, means the City of San Luis Obispo, and every Commissioner, Commission, De- partment, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Conunission, 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 1507. Definitions. When used in this Charter the masculine gender includes the fem- inine 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 `Way" is permissive. "Oath" includes affirmation. SAN LUIS OB.ISPO CHARTER Page 23 —INDEZ— Constructionof------..............................................................................1506 ACTIONS AND PROCEEDINGS, continuance of .............................__ 105 ACTIONS AGAINST CITY, filing, etc.......................................................1213 Validityof ............. -•-----•------•................•--•----------.............................----...1502 ADMINISTRATIVE OFFICER CITY •ADMINISTRATIVE OFFICER (See title City Administrative Officer) Actions against City presented to ..................................................1213 Annual Budget, for ANNUAL BUDGET providing .....- ...................................1200 (et seq) Appointment of certain officers department Adoptionof ..---••---•-•- . ...................................................•..........................1204 800-900 Hearingand notice ............................................•----..........------------------1203 Councilmen, eligibility of. -..z -------------------------------------------------------------- 802 Providingfor ............................................. _... ----................................... 1202 ASSESSOR Powersand duties.-•........................--•-----------...................--••------....... 804 (See title City Clerk -Assessor) Public works performed by City ....................................................1210 AUDIT, ANNUAL, by C.P.A.........................................................................1206 BOARD OF EDUCATION Salaryof...-•-•---•---------------------------------•--•--.............................--•---....----•-•-- Compensation of members ............................. - .......... ...... ............... 1104 Control of certain schools, vested -in ..............................................1100 Electionand term------------------•-------.....-----------...--••-...........------------•900-ll03 Members, compensation, of ........................................... - .................... 1104 Membersof ------------------------ ....... -------- ----- ---- ---- -------- .----------- •--•-••---------- .1100 Members of, eligibility of ....................................................• -•---•.--....1101 Powersand duties of-----.......w.............................................................. 1102 Termof ................................................•• -•-----------------•-••-----..............--........1103 Vacancy, filling......................................................................................1103 BOARD OF EQUALIZATION Council shall meet as, time of .......................................................... 721 BOND OF OFFICERS Council may determine ............ BOUNDARIES, established .............. BUDGET (See title Annual Budget) 726 .. 101 CHARTER Amendmentof......................•-•------•-------------•--•--..................------......-----..1505 Constructionof------..............................................................................1506 Definitions.................•--......................--.....--.................-----------------------.....1507 Effective Date, approval by Legislature........................................1500 Validityof ............. -•-----•------•................•--•----------.............................----...1502 Violationof, penalty...-•-•----------------••-•-----........--•-•--•--•------•......-----•.--..1503 CITY •ADMINISTRATIVE OFFICER Actions against City presented to ..................................................1213 Annual Budget, for providing .....- ...................................1200 (et seq) Appointment of certain officers department and heads ...... 800-900 Council shall appoint .................._....----••-•---•-----•-•------•---•-••-•---........?11(2 ) Councilmen, eligibility of. -..z -------------------------------------------------------------- 802 Park and Recreation Commission, reports to................................1109 Person related to -ineligible to serve as City Officer .................. 805 Powersand duties.-•........................--•-----------...................--••------....... 804 Public works and supplies, duties...............................................724(3) Public works performed by City ....................................................1210 Qualifications of • ............................•---•-----..... =- ... 801 Salaryof...-•-•---•---------------------------------•--•--.............................--•---....----•-•-- 803 Salary and wages, study to be made annually ............... ---- ----- 1405 Term of, and removal of.................................................................... 800 CITY ATTORNEY Appointment of and term of............................................................ 900 Council shall appoint .............• ----------•-----•---..................................711(2) CITY CLERK -ASSESSOR Appointment of and term of ................................................... 711(2)-900 CITY CLERK Bond of, filed with City Administrative Officer .......................... 726 CITY PROPERTY Saleor -lease of..--...-•-•....................••--••----------------.............._............---... 725 w 10 Page 24 SAN LUIS OBIISPO CHARTER CITY TREASURER Appointment and term of ............................. -.... -............................. 900 Council shall appoint......................................................................711(2) Moneys drawn from, manner of ....... _......... _..._------------____---1212 CONTRACTS Existing, continued in force and effect .......................................... 104 COUNCIL Annual Budget Datefixed by.----------------------------------------------------------------------------------1202 Adoptionof....................................................................................1204 Hearingand notice ................................................... _................. 1203 Audit Annual should be made............................................................1206 Board of Education Appointment of and term ........................................................900 Board of Equalization Tomeet as, time of...................................................................... 721 Admdnister oaths, Power to................................................................ 704 Appointment of relative to office prohibited ................................ 906 City Administrative Officer Appointment, term and removal of ..................................800-900 Eligibility of member of council to serve as ........................ 802 Powers and duties ............ ...............................................800 (et seq) City Attorney Appointment of, term of office .................................................. 900 City Clerk -Assessor Appointment of, and term of. ............................................................. 900 City Treasurer Appointment, term of office ...................................................... 900 Compensationof..:.................................................................................. 702 Councilmen Election of, at large ........- . ...................................................501-900 County and State Transferring to, or consolidating functions of City ............ 903 Demands against City, waiver of provisions ............................1213 Duties and powers, enumeration of .. .......................................710-711 Election and term of office of .......................................................... 700 Franchises, granting............................................................1300 (et seq) Governing body of City .......... _................ -... -.... ............. ............... 705 Holding certain other offices prohibited ................................. _... 703 Majority vote of, required for passage of ordinance, reso- lution, or motion ..................................................... -... -.... ........ 714 Meetings Placeof, public........................................................................706-707 Quorum, majority to constitute .................... __...................... 708 ................................._-------------------------.._... 709 Rules of proceedings --------------------------- *"*"** - - --------------- * - ---------- - - "' Special may be called.................................................................. 706 Method of action taken by.............................................................. 712 Officers and employees of City, appointment of....................900-901 Officers and employees, powers and duties, providing for...... 901 Officers and employees, combining . . ............... _............................. 902 Officers and employees, compensation to be fixed by ordinance or resolution ......................................................904-1000 Offices and departments, may provide for conduct, etc., of, or additional .... _... _... ...... _............... _.... _........... _ ....... 1000 SAN LUIS OBISPO CHAR'I'ER COUNCIL (Continued) 25 Ordinances and resolutions, ayes and noes take on passageof.....................................................•--..........................---.._ 713 Park and Recreation Commission, appointment of ........ 711(2)-1107 Park and Recreation Commission, reports. to ..............................1109 Personnel system, establishing ...........................1400 (et seq) Planning Commission Appointment of ..................•.................... ------...................711(2)-1110 Removal of member of.............................................................. 1113 Powers generally of ........................................................710 -711-901-902 Public Works May determine work may be performed by City..................1210 Rejection of bids for....................................................................1209 Reimbursement for authorized travel and other expenses........ 702 Retirement System, contract with State authorized ..................1406 Sale or lease of city -owned property ............................ 725 Subpoena, power to compel attendance of witnesses ................ 704 Taxlimit and levy..............................................................................1205 Tax system, shall provide for ...........................1201 Vacancies in, filling .....................•................................ •..............__ 701 Vice President to be elected by ......................................................603 COUNTY Council may consolidate functions of City with ........................ 903 DEMANDS AGAINST CITY, filing, rejection, etc .....................1212.1213 DEPARTMENT OF PUBLIC WORKS, public work, may perform 724(3) DEPARTMENTS, Council may provide for operation, etc., of, or additional ............... -......................................................... 1000 ELECTION OF MAYOR. AND COUNCILMEN at large ........................ 501 ELECTIONS Eligibility for office.............................................................................. 304 General municipal, time to hold .................................................... 300 Initiative, referendum and recall, State law to apply ................ 303 Procedure for holding, State law to apply .................................. 302 Special municipal, defined................................................................ 301 ELECTIVE OFFICES, 'Mayor and Councilmen ..............................501-700 ELECTRICITY AND ELECTRIC POWER EXEMPTED........................1211 EMINENT DOMAIN, right not impaired by franchise grant ............ 1304 FISCALYEAR, defined................................................................................1200 FORM OF GOVERNMENT OF CITY .................................................... 400 FRANCHISES Dutyof grantee.....................................................................................1305 Granting................................................................................1300-1301.1303 Termof............•.............................................................•.........................1302 Eminent domain not impaired Eby granting ................................1304 Exercising 'privilege without grant, prohibited............................1306 GENERAL LAWS, certain applicable to City ......................................1501 IMPROVEMENTS, proceedings instituted for, continued .................... 104 INITIATIVE ORDINANCE, enacting clause .......................................... 715 LIBRARY TRUSTEES Control of public library vested in ................................................1105 Members of, appointment and term ................................711(2)-1105 Members of, serve without compensation ....................................1105 Members of, powers and duties ......................................................1106 Page 26 SAN LUIS OBISPO CHARTER MAYOR Absence or disability, selection of mayor pro tempore .............. 603 Compensation of.----•........-•---•-•---•-••---------------•---..........---....................... 604 Election of, at large ---------- ------------------------- --_ __.._...._.---___-- 501-900 Powers and duties................................................................................ 601 Powers and duties, additional.......................................................... 602 Powers and duties, term of office ....................... -........................... 600 Pro tempore selection of......................•-----•------...._..----•--•-------•-----.-- 603 Reimbursement for authorized travel and other expenses...... 604 Vacancy in office of, filling.............................................................. 701 MONEYS DRAWN FROM CITY TREASURY, manner ........................1212 NATURAL GAS, TELEPHONE SERVICE, ELECTRICITY, exempted------•-----••-----•--•--•-----•------•-----•-----•-•---•--•--•------•-•-----•-----•..............1211 NEP077-VI PROHIBITED...........................................•----•....------................. 906 OATHS, Council has power to administer .............................................. 704 OFFICES AND EMPLOYEES Bond of, council may determine amount of .................................. 726 Consists of certain named officials............................................900.901 Continuance in office------•------------•----------------------------------------------- 106 Combining offices....................................•--.........._._....._...---•--------....._- 902 Compensation of, fixed by ordinance or resolution. ........... 904-1000 Dutiesof .......................................................... _...... :.................... -......... 901 Eligibility for office.-•......................................................................... 304 Employee may become candidate for public office....................1404 Enumeration of ------------------------------------ ----------- --------- -------------- _----500-900 Fees collected by, must Abe paid into City Treasury .................... 903 Mayor and Councilmen, elected at large .................................... 501 Oath of office to be taken by............................................................ 905 Person related to City Administrative Officer ineligible to serve as appointive officer .................................................... 805 Political activities, employee shall 'not take active part in .... 1403 Political or -religious tests for appointment, prohibited .......... 907 Religious test for appointment prohibited .................................. 907 Vacancy in elective office.................................................................. 502 OFFICES, Council may provide .for operation, etc., of or reassignmentof....................................................................................1000 ORDINANCES Adoption of certain provisions by reference permitted ------------ 720 Amending -...................... 716-719 Codificaon of--•..................................•-••......----••--•................................ 720 Continued------••..........................:....••---••••••--•-----••.................................... 103 Effectivewhen-•-•-•............................................•---•-••-•••._..............--•- 718 Emergency, adoption of ........... -.......................... -............................. 717 Emergency, effective.................................••----....................._............... 718 Enacting clause of .....---•--•........-•-----•-•••--••••.............................••-•--•--• 715 Requirementsof............................................................ ................. 716-717 Repealof----------------------------•---........_................................_....................--_. 721 Violation of, punishment............................................................723-1503 ORDINANCES AND RESOLUTIONS Ayes and noes taken by Council ................................................713-714 NAMEOF CITY---••---••----••....................................•--...----........._......•--•--..___._ 100 PARS AND RECREATION COMMISSION Appointment of ..................................... ------- ..._......... 711(2)-1107 Members, number and term of services ................. - ..................... 1107 Powers and duties----•........................................................•-•................1108 Reportsof---...-•.......................•---..................._...................................--••--1109 Serve without compensation..............................................................1107 PENDING ACTIONS AND PROCEEDINGS, continuance of. ............. 105 PROCEDURES, City may act pursuant to established ...................... 201 PERSONNEL OFFICER, City Administrative Officer to act as 804(14) SAN LUIS OBISPO CHARTER Page 27 PERSONNEL SYSTEM Contract with State Personnel Board authorized........................1402 Personnel Board or Personnel Hearing Board, establishing .... 1401 Rules and regulations........................................................................1400 PLANNING COMMISSION Members, appointment, term and number of ................711(2)-1110 Removalof----------------------------------------------------------------------------------------------1113 Vacancy, filling............... -..................................................................... 1110 Powers and duties......................................------------------..................-----..1111 Presiding officer, selection of............................................................1112 POLITICAL ACTIVITIES, employee shall not take active part in 1403 POLITICAL TEST FOR APPOINTMENT to office prohibited---.--.... 907 POWERSOF CITY ............................... ------------------------------------------------- .200-201 PUBLIC UTILITIES, income derived from, disposition of................1504 PUBLIC WORKS AND SUPPLIES Contract for, requirements................................................................ 724 Laborers, workmen, or mechanics must be residents ofCity......................................................................................724(4) (a) City may perform work......................................................................1210 Contract, ' certain let by----------------------------------------------------------------------1207 Contract, rejection of bid.................................. _............................. 1209 Contract, security required with bid..............................................1208 RAILROAD COMPANY, Council's power to require company to keep streets between tracks in repair ............ 711(3) (a). RELIGIOUS TEST FOR APPOINTMENT TO OFFICE prohibited.... 907 RESOLUTIONS, ayes and noes taken by council............................713.714 RETIRE1MENT 'SYSTEM, contract with State authorized ..................1406 RIGHTS AND LIABILITIES OF CITY ...................................................... 102 SALARIES AND WAGES, study to be made annually ......................1405 STATE, Council may consolidate function of City with .................. 903 SUBPOENAS, Council has power to compel attendance of witnesses-------------------------------------------------------------------------------------------------- 704 TAR SYSTEM, providing for--------------------------------------------------------------------1201 TAXATION Board of Equalization, Council to act as, time of meeting........ 722 Tax limit and levy....................................... -----------------------------.........---1205 TELEPHONE SERVICE, exempted ----------------------------------------------------------1211 TELEPHONE, TELEGRAPH, ELECTRIC LIGHT, Council's power to require placing underground ...........................:..711(3) (b) VACANCY IN ELECTIVE OFFICE, occurs when .................................. 502 y 94 4/ 1 O. 000, � � Gam% � ool 7z 55-5- -L- i < o v Jcr-Lr/ -rtiro GGA .zz i I v e. ezZ, -Are, i .�%`=eGc.�GLG(.i. GLt-�L DYG�!/Lc� o r�LE000C • i - / i s+t�9n .M--r••� w�#�Bu9F.'yb+C'3147^�4��Y„'.'rJ4Y:K''�"�yq,.�'.C?2C�Y'9a.�iW4'.-G. �..-..bNNE I i� �� - c l 16 �� 4v A57, t /te ez�-e6el� 9:�,� FA i UN AWA, �GL el. I.Wa?tirti e.-,zouGGc Klo 4�d 7, lo, .1e I x ON z el/r/. G Ci2�G��s:c e? C!� t7�Vi�t/w IUGGrti �Lt�— Ze, —aY � Ap, I CITY OF SAN LUIS OBISPO FORM OF GOVERNMENT By Pam Voges, City Clerk kl�?131d; The "Town of San Louis Obispo" was first incorporated on February 19, 1856. The legislative body was governed by five Town Trustees. Three years later, the offices of the Town (City) Clerk, City Attorney and City Finance Director were created on May 10, 1859. T. H. Bouton was appointed Town Clerk. In another action at the same meeting, the Town Council adopted an ordinance (0-9) to make disorderly conduct in public punishable by law at a fine of not less than $10 per offense nor to exceed $100 per offense. The City of San Luis Obispo first became a Charter City on May 1, 1876. Its legislative body was made up of a Common Council consisting of the Mayor and four Councilmembers. On that date the office of the City Clerk was again referred to as being created and Julius Krebs was appointed to the position. The elected officers of the city were the Mayor and Council, Assessor, Marshal, Tax Collector and Police Judge. The Mayor was the President of the Council and had the deciding vote in case of a tie. .All city officers were elected at large with the County Judge acting as Election Officer. By ordinance adopted in 1881, the Mayor and Common Council required written permission be obtained to carry any sick or dead person found to have smallpox or other contagious disease through city streets. If found guilty, the deed was punishable by a fine of not more than $200 or by imprisonment for 10 days. With a city of less than 3,000 persons, the City reorganized by order of a general election held February 13, 1884, and reincorporated by election of February 26, 1885. It set forth its government to be vested in a Board of Trustees (consisting of five members); the Clerk (also ex -officio Assessor), a Treasurer; a Marshal (also ex -officio Tax and License Collector); and Recorder. The Board, Clerk, Treasurer and Marshal were elected officers each serving two-year terms and the Recorder was appointed by the Board. Salaries and fines were also established as follows: City Clerk -- $60 per month, plus as Treasurer, received 1% of all monies collected; Marshal $100 per month; City Attorney $41.66 2/3 cents per month; Recorder - $35 per month; City Engineer - $6 per day; Policemen - $60 per month. Board members received no compensation and were expected to attend all meetings. iv A fine of $5 was levied if no reasonable excuse was provided.. Board members or other persons guilty of disorderly conduct at a meeting were fined $10 per offense. By Ordinance No. 23 (July 6, 1886) it also became unlawful to gamble or smoke opium in public buildings or on city sidewalks punishable by a fine of $25 or 25 days in jail. On August 20, 1906 (Ordinance 142), the Board of Trustees declared it unlawful to tether or hitch any horse to a city trash receptacle. Such act was punishable by a fine of not more than $15 nor less than $5 or imprisonment of two to five days. By City election held April 9, 1906, a Board of Freeholders was elected to study and revise the City Charter: There were to be 15 Freeholders and they were required to be registered voters of the City for at least five years. An election to consider those amendments was held December 22, 1906, with the Freeholders Charter going down to defeat. The Freeholders Charter was again considered by special election held September 12, 1910, and approved. The new Charter provided for an entirely revised form of government consisting of the following elective officers: A Mayor, a City Clerk, four Councilmen and four School Directors. (The previous Board of Trustees now being the Mayor and Council.) The Mayor and Councilmembers were to be elected at large and have equal voting powers. Terms of office were two years for Mayor and City Clerk and four years for Councilmembers. The Chief Officials were a City Treasurer, Attorney, Collector, Engineer, Chief of Police, Street Superintendent, five Library Trustees and Fire Chief appointed by the Council and their duties determined by the Council. The Mayor of the Council acted as President and the Council elected the Vice -Mayor. All ordinances and resolutions (except those concerning appropriations) were confined to one subject clearly expressed in the title. If not in the title, the ordinance was void except for the titled portion. Legal notices had to be published in the local newspaper, the San Luis Obispo Breeze. Other provisions mandated that no final action be taken of any special department if a Councilmember was absent from a regular meeting. The 1910 Charter provided for almost all of the powers of city government known today concerning land purchases, condemnations, maintenance of city streets, building and construction regulations, taxes; sales of public property, licenses and fees. .(Public concerts had to be free to the public.) Regular Elections were to be held on the first Monday of April of the odd -numbered year. It also first provided salaries for the Mayor and Council. The Mayor received $600 annually and each Councilmember $500 annually. School Directors each received $2.50 for each regular meeting (not to exceed $10 per month). The Board of Trustees (still so named as the Charter had not yet been ratified by the State) adopted traffic regulations on November 28, 1910. The Board placed speed limits of no more than one mile in six minutes on major downtown streets and limited motor vehicles, mules, horses and teams to a speed no greater than one mile in four minutes in all other sections of the city not specifically designated as major or -arterial streets. v _;� On September 28, 1911, the Commissioner of Finance and Revenue (Mr. P.A.H. Arata) submitted the city's annual budget projected for 1912. It totaled eight pages with total expenditures of $89,542.94. $44,000 was for all costs connected with the library and schools. The remaining $45,000+ included all salaries and operating expenses for administration, public safety and the public works departments, (75 years later, the city has an adopted annual budget of over $24.000,000 and that figure no longer includes schools). Minor amendments to the Charter were adopted by election held February 10, 1913, to provide for a Police Court; April 2, 1917, grading of streets and protecting shade trees; April 4, 1928, a two-year elected term of office for Mayor and four-year elected term of office for City Clerk and; April 1, 1929, limiting tax levying. On April 3, 1933, an election was held to revise the Charter to provide that the elective officers would be the Mayor, four Councilmen, the City Clerk and five School Directors. The Mayor was also given veto power of resolutions and ordinances. By election held April 7, 1941, the Charter was amended to add a Park, Playground and Recreation Department and .provided for establishing the method of public work projects including its contracting and advertising procedures. The election of April 5, 1943, provided that the Council would regulate the salary of the City Clerk and the employment and compensation of any deputy or assistant City Clerk and all employees in the office of the City Clerk. Minor amendments were again approved by voters on April 2, 1945, to include provisions to adopt the State Employees Retirement Act and to revise the tax levy and on April 7, 1947, to again amend the tax levy and public work provisions. The Council also first provided for referendum of ordinances. On November 19, 1951, the City Council (by Resolution 1064) created the Office of Executive Secretary. This action set in motion what would ultimately become a new kind of government for the City, i.e. the "Council -Administrative Officer" ,form of government. At this time the Executive Secretary was appointed by the Council with duties and responsibilities as assigned by the Council. The salary was set at $500 per month. Richard D. Miller was first hired to the position, later retitled the Administrative Officer and served a total of 27 years. The City Charter was revised in its entirety by election held April 4, 1955, providing for a new municipal form of government, i.e. "Council -Administrative Officer." The elected officers were the Mayor, four Councilmen, and five members of the Board of Education. The City Clerk became an appointed position by the Council. The Mayor and Councilmembers terms remained at two and four years respectively. The Mayor's compensation remained at $600 per year and Councilmen $500 per vi year. Ordinance publication required 30 days to become effective subject to referendum. The City Administrative Officer duties and removal were delineated in detail and his powers expanded. The CAO was defined as the administrative head of government including being empowered to appoint all city officers except for the City Clerk -Assessor, City Attorney and City Treasurer;. those officers being appointed by the Council. His duties included responsibility for the budget, assessment roll, purchasing and all laws and provisions of the Charter, ordinances and franchises. In addition, the Board of Education also became elected officers and each member received $5.00 for each regular meeting attended (not to exceed $20 Per month). The control and administration of the San Luis Obispo Public Library was vested in the Board of Library Trustees consisting of five members appointed by the Council and serving four-year terms. Powers and duties of the Library Board would be prescribed by ordinance adopted by the City Council. The Park and Recreation Commission and Planning Commission were also established. By election of June 7, 1966, the Charter was amended to provide that the General Municipal Election would be held the third Tuesday of April in the odd -numbered year. The following General election of April 18, 1967, increased the Mayor and Councilmember salaries to $250 per month for Mayor and $150 per month for Councilmember including reimbursement of travel expenses and providing that future salary amendments be set by the electorate. The Charter was next revised by election held June 20, 1972, to allow the Council (by ordinance) to transfer or consolidate the City Library oper- ation and financing to another governmental agency (later to be consoli- dated with the County on November 20, 1972). By election of November 5, 1974, the Charter was revised to change the election date again to the first Tuesday after the first Monday in March in the odd -numbered year. It also included revised language to stagger Council terms of office--Councilmembers four-year terms, the Mayor a two-year term. Additional administrative language was added by election of March 4, 1975, regarding violation of ordinances and public work contracts. In 1976, a Charter Committee was appointed by the City Council and a complete rewrite was proposed. It was defeated at the General Municipal Election held on March 8, 1977. The Charter Committee again reviewed the Charter and this time only proposed specific amendments --three were adopted by Special Election held June 6, 1978. The municipal government was amended to be known as the "Council -Mayor -Administrative Officer" form of government. The Administrative Officer would be responsible for the implementation of all Council policy and the administration of the affairs Of city government which the office controlled. This includes the appointment of and removal of all department heads except the City Clerk and City Attorney. Another amendment limited the Mayor and Councilmember terms to no more than eight years in succession. Another amendment established the Personnel Board. The voters also approved an initiative vii submitted on the ballot to require voter approval of any territory (land or property) annexed into the city. (This Charter amendment was later overturned on December 28, 1983 by the State Court of Appeals.) In March, 1981, the Charter was amended to revise the general municipal election date to November of the odd -numbered year in order to consolidate with the School and Special District elections. It also provided for lengthy ordinances to be published in synopsis form, requiring two readings by Council, the second a public hearing. Ordinances still require 30 days to become effective.and are subject to referendum. The final ..Charter amendment increased the salary of the Mayor to $500 per month and Councilmembers to $350 per month. The Charter was again amended by General Municipal Election held November 5, 1985, to clarify partial terms of office for Councilmembers. It also provided that subsections of ordinances could be amended without publishing the entire ordinance and required that development of annexed land be consistent with the General Plan. Ballot issues adopted in June, 1986 provided a change to the Charter to allow Councilmembers to set their own salaries and another to prevent building of on -shore oil facilities in the City of San Luis Obispo. The Council subsequently appointed a 5 -member review committee and accepted its recommendation to increase the Councilmembers' salary to $400 per month and the Mayor to $560 per month. CITY GROWTH Since 1900, the population of the City has continually increased although at changing' rates over time. The period of lowest relative increase within the City's post -1900 history was 1930 (8,276 pop.) to 1940 (8,881 pop.), and the largest growth occurred from 1940 (8,881 pop.) to 1950 (14,180 pop.). 1986 shows the City's population to be at 38,205 with a total expected increase to 58,200 (based on Growth Management Regulations) in 2025. viii 6 U M U a) c y () U)a) LV a a� -Co O m rn,, Z Z 'rn O Y O N O _ - Y 0U W J _c O lz > d U U a� t O �+ d O Mn O 0 co 13 -C J c° O c CU ' T L v, m W O m o F- U U a m o m` r d a � CL Z O 1- U w U) O LU N 0Z) m O .W ¢ p L a .� W •- 73 Q e� 0 s O -C, _W. 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C U) -0 N O U O N U N o (n a O C) w co m 0 2— - ''C^^ co cn Q OlzT �N O C T J co 0 O 0 a) N C ` U O . CO O 4- C L .- :5 N 6 p) a) m w Cc `- CO E O N N _ 0) U O L a3 U U 4- K K a) 0 U43 U < U) 0 0 C) 0 CD Co N N N N T r T T T T T T o a? cu 4-- _co tm VJ C) 4� T O r w N O T � � a a) J U) 0 O () U L 0. m • N 0 E a) 4- 16 co O co O r- 4-- 0iz T N O C T J U) co O O L O > a a) w N .0 N cy) cc () EL c C C L a O O C " a) O w � CL y 0 " O E a. O Q N O N X � a) O Q U) co O Lu U) f0 m Z> 0 a) 4- 76 00 m U) 0 T 4-- �' N O Y r a) U m J U) 0 0 a) >, .N m U co Cc 0 O O C T CCU m C a3 C m0 O N X � () O Q U) Oem LU D 6/23/2009 City of San Luis Obispo Page 1 of 1 9:48:37AM ImageFlow Lite Report - Legislative History (Detailed) UserlD: ahooper Doc. Ref. Code Doc. Date Item Ref. Action Code Brief Description Ret.Code Cont. Date Exp. Date Name Referred to File Reference # Security Class Abstract Keywords CCDOCS 01/01/1967 OS Old City Charters PP City Clerk: Old City Charters Document date unknown; estimated Total Items Printed: 1