The URL can be used to link to this page

Home My WebLink About1955 CHARTER WITH AMENDMENTS THROUGH 1975CHARTER OF THE City of San Luis Obispo California if I f 1955 CHARTER OF THE City of San Luis Obispo California ,,, Effective May 18, 1955 s f s s s s PRINTED BY THE BLAKE PRINTERY San Luis Obispo, California 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 politic 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 successor of the same. It shall be subject to all liabilities that now exist against this mu- nicipality. SECTION 103. Ordinances. 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. Page 2 SAN LUIS OBISPO CHARTER 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 second Tuesday in April in each odd numbered year beginning with the year 1957. 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 Gth 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 elections code are not in conflict with this Charter. SECTION 304. Eligibility for Office. No erson ce of Mayor or Counclmangofle for said Ctytion 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 five members of the Board of Education. The Council shall consist of the Mayor and four Council- men, each of whom, including the Mayor, shall have the right to vote on all questions coming 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. SDCTION 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 be 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 like 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. 'Me 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 public 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. law 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. Page 4 SAN LUIS OBISPO CHARTER SECTION 604. Compensation. The Mayor shall receive Six Hundred Dollars ($600.00) a year compensation for his services as such, payable monthly, except to the extent heretofore or hereafter approved by the electorate, but the Mayor shall receive reimbursment on order of the Council for Council authorized traveling and other expenses when on official duty. 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 thereafter two members shall be elected alternately at each suc- ceeding biennial election. The terms of each elected member shall commence on the first day of May 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. The Councilmen shall receive Five Hundred Dollars ($500.00) a year, payable monthly, compensation for their services as such, except to the extent heretofore or hereafter approved by the elec- torate, but the members of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other expenses when on official duty. 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 expiration 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 before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State. SECTION 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 restrictions in this Charter con- tained, and the delegation by this Charter of any powers to any person, officer, board, or commission, which delegation of power, 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. Page 6 SAN LUIS OBISPO CHARTER 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 Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo." SECTION 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 so published. 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 L very measure passed by the Council granting any franchise or priv- ilege, shall go into effect at the expiration of thirty days after its 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 otherwise 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 y SECTION 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 in 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, Page 8 SAN LUIS OBISPO CHARTER 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 Administrative 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 City 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 OBISPO 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 right to present such evidence lin 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. 10 SAN LUIS OBISPO CHARTER 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 omission of the Administrative Officer shall be subject to review by the Council, but the Council may not overrule, change or modify any such action, determination or omission 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 limitation 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, park 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 depart- ment head to inventory the same or any portion thereof and main- tain a perpetual inventory. One copy of such inventory 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 OBIS'PO 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 the third degree shall hold any appointive office or employment with the City. ARTICLE IX—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 be removed 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 of all 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. Page 12 SAN LUIS OBISPO CHARTER 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 X—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 XI—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 is 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 each biennial 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. Page 14 SAN LUIS OBISPO CHARTER 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 recreation 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 be 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 be filled by 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 XII—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 budget 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. Tax 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. Page 16 SAN LUIS OBISPO CHARTER (b) 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 (302). 2. For the support and maintenance of the City's public library system. Twenty cents (202). 3. For park and recreation purposes. Twenty cents (202). 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 office of 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. Page 18 SAN LUIS OBISPO CHARTER ARTICLE XIII—FRANCHISES SECTION 1300. Granting of Franchises. to aCity Council is empowered to grant by ordinance a franchise Y 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, the City fonecessary or convenient for the furnish. ing thereof, or necessary or convenient for traversing any portion of r the or 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 be 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 Ithershall direct the City ear before the City Council and be heard least once within fifteen (15) days Of he thereof in a fish said resolution at newspaper in the City of San Luis Obispo. Theat meefixed or 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 or 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 territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION 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, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 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. Exercising Rights 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. i Page 20 SAN LUIS OBISPO CHARTER ARTICLE XIV—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, in 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 is 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' Retirement 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 XV—MISCELLANEOUS PROVISIONS SECTION 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. Page 22 SAN LUIS OBISPO CHARTER SECTION 1505. Amendments. This Charter may be amended in accordance with the provisions of Section S, 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 Officer, oreans Employee, sntheloner case may be, ofthe t of n Board, 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 "May" is permissive. "Oath" includes affirmation. SAN LUIS OBISPO CHARTER PaQQ 23 —INDEX— ACTIONS AND PROCEEDINGS, continuance of .................................. 105 ACTIONS AGAINST CITY, filing, etc.......................................................1213 ADMINISTRATIVE OFFICER (See title City Administrative Officer) ANNUAL BUDGET Adoptionof..............................................................................................1204 Hearingand notice ...........................• ---•------.........--------------------......------.12.03 Providingfor ....................................• --..........................................----.......1202 ASSESSOR (See title City Clerk -Assessor) AUDIT, ANNUAL, by C.P.A................................................................. .....1206 BOARD OF EDUCATION Compensation of members-•--•--•--•-----•...............................................1104 Control of certain schools, vested in..............................................1100 Electionand term......-•-----------------------•------------.............--......---......900-1103 Members, compensation of .............................. ................................ 1104 Membersof--------------------------------------------------------------------------------------------1100 Members of, eligibility of---------------•------••--------....-----------...................1101 Powersand duties of .... . ......................................................................1102 Termof-------------------------------------------------•------•-----..............--•--------------•------..1103 Vacancy, filling------------------------------------•-•--............---------- .-----.....1103 BOARD OF EQUALIZATION Council shall meet as, time of .......................................................... 721 BOND OF OFFICERS Annual Budget, providing for ---------------------------------- -------1200 (et Council may determine .............................................. ....................... 726 BOUNDARIES, established------------------------------------------------------------------------ 101 BUDGET (See title Annual Budget) Councilmen, eligibility of------------------•-•---------•-----------------------------••---- CHARTER Park and Recreation Commission, reports to................................1109 Amendmentof ................. :......................................................................1505 Person related to ineligible to serve as City Officer .................. Constructionof-------•..........................................................•-..................1506 Powersand duties ............................................................................... 804 Definitions-----------------------------------------------------------------------------------------------1507 Effective Date, approval by Legislature........................................1500 Validityof---------------------------------------------------------------------------------------- ------1502 801 Violationof, penalty----------------------------------------------------------------------------1503 803 CITY ADMINISTRATIVE OFFICER 1405 Actions against City presented to .................................... ............1213 Annual Budget, providing for ---------------------------------- -------1200 (et seq) Appointment of certain officers and department heads ---...800-900 Council shall appoint...-------••---•------•------....•----••---•------•-------------------711(2) Councilmen, eligibility of------------------•-•---------•-----------------------------••---- 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 Page 24 SAN LUIS OBISPO CHARTER CITY TREASURER Appointment and term of............. .............. _...... ............................... 900 Council shall appoint ............. ..............••----...--•--....__.....---.....__.._..._.?11(2) Moneys drawn from, manner of ................. ...........1212 CONTRACTS Existing, continued in force and effect .......................................... 104 COUNCIL Annual Budget Date fixed by Adoption of ...._._... ......................... 1202 ...................................... .......................•---...._......--- Hearing and notice-------------•--•-•--•-----•-- .............. 1204 .......................•-•----.........1203 Audit Annual should be made............................................................ 1206 Board of Education Appointment of and term........................................................900 Board of Equalization To meet as, time of ..........................._..........._............ 721 Administer 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 Powersand 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 Electionof, 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 Rules of proceedings............................................... _... Special may be called................................. 709 Method of action taken b . 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 CHARTER page 25 COUNCIL (Continued) 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 Appointmentof-•--•.........................•--------...............----......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 ..................................i* .................. ............ .................•. _.._.__...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 Vacanciesin, 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 ---------------- _----------------------------------- Initiative, referendum and recall, State law to apply 300 Procedure for holding, State law to apply P-- y---•••-•-•---- 303 PPY -..----•----•---•--• .............-.- 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 FISCAL YEAR, defined ............................. ...__1200 FORM OF GOVERNMENT OF CITY ---------------------------------------------------- 400 FRANCHISES GDutyof grantee...-----•-----...----•--•--....-----•--------------•-----•--•--------•--•---••---•-•--1305 ranting--•--•--------•-•---•--...-.--•-•---•---•-•-----------•-------------------------1300.1301-1303 Termof-----•----•----•-----------•------•-•------•---•-••----•---...---•----•--•-----•--......_•••---..._1302 Eminent domain not impaired by 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 .............................................. j* ------ 1106 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 ............. ............................................ Powers and duties, term of office ....................................................602 Pro tempore, selection of600 --•--•................ --•--...................................... 603 Reimbursement for authorized travel and Vacancy in office of, filling ---------------- other expenses-..... 604 --------------- ---- 701 MONEYS DRAWN FROM CITY TREASURY, manner........................1212 NATURAL GAS, TELEPHONE SERVICE, ELECTRICITY, exempted-•------•.......... -• .............................. .......•--.........1211 NEPOTISM 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 Compensation of, fixed by ordinance or resolution _-..-...-..904-1000 Duties of ......•---------- 901 Eligibility for office ------------- - - - - - - office ............. ..1404 Employee may become candidate for public Enumerationof ........... -• . -- .... -- --•-- -• •--................ ..... .- 500-900 Fees collected by, must be paid into Cit Treasur Mayor and Councilmen, elected at large ............. Y.................... 501 903 Oath of office to be taken by -------------------- -- Person related to City Administrative Officer ineligible 905 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 reassignment of -------------------•--•---•--•-•-•---•-----...--•--..-...--••---• •------•-•--...--..1000 ORDINANCES Adoption of certain provisions by reference permitted-----------. 720 Amending•-f ---•----- ................................................716-719 Codification of ................... ------------------•--.._........----•-•-•--•----• ................... 720 Continued --•en•.....................................................................- 103 Effective when t --- o -f...• •......................... ........ ........................... Emergency, adoption of ....-..... ....................... ................................... ?17 Emergency, effective •718 Enacting clause of 715 Requirements of 716-717 Violation of, punishment ---•-•-•.,-- ................. 721 --------------•_-•_.__--__________•••--.- ORDINANCES AND RESOLUTIONS ................. 723-1503 Ayes and noes taken by Council ................................................713-714 NAME OF CITY --•-----------------•---------- - ------------------..._..-------•-----•------------------ loo PARK AND RECREATION COMMISSION Appointment of _________ ______________ _ ...711(2)-1107 Members, number and term of services ................................ 110 Powers and duties --..--••-----•----....-..1108 Reports of _ Serve without compensation ..............• - 1109 --•----_---._---- ---- .. ------------ 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 RETIREMENT 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 SUBPOENA'S, Council has power to compel attendance of witnesses.--•--•--•--•---••---•..............••-------------•----•-•----•-•-----••--•-••--•----••---- ..... 704 TAX SYSTEM providingfor.._._.._..--•-••............................•-•-•-•-.._..-•-----•--.1201 TAXATION Board of Equalization, Council to act as, time of meeting ........ 722 Taxlimit 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 Charter for the city of sAn Luis oBispo0 1955* *I With Amenrimpnts Thrnunh Marsh d 1A79; 1 IA3 T A B L E O F C 0 N T E N.T S Page ARTICLE I. Incorporation and Succession . . . . . . . . . . . . 1 ARTICLE II. Powers of the City . . . . . . . . . . . . . . . . . 2 ARTICLEIII. Elections . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV. Form of Government . . . . . . . . . . . . . . . . . 3 ARTICLE V. The Elective Officers . . . . . . . . . . . . . . . 3 ARTICLE VI. The Mayor . . . . . . . . . . . . . . . . . . . . . 3 ARTICLEVII. The Council . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VIII. City Administrative Officer . . . . . . . . . . . . 9 ARTICLE IX. Officers and Employees . . . . . . . . . . . . . . . 12 ARTICLE X. Executive and Administrative Departments . . . . . . 13 ARTICLE XI. Boards and Commissions . . . . . . . . . . . . . . . 14 ARTICLE XII. Fiscal Administration . . . . . . . . . . . . . . . 16 ARTICLEXIII. Franchises . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE XIV. Personnel System . . . . . . . . . . . . . . . . . . 21 ARTICLE XV. Miscellaneous Provisions . . . . . . . . . . . . . . 23 Index . . . . . . . . . . . . . . . . . . . . . . 25 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 politic and corporate, 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 municipality, and is hereby declared to the successor of the same. It shall be subject to all liabilities that now exist against this municipality. SECTION 103. ORDINANCES. All lawful ordinances, resolutions, rules and regulations or portions 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 superseded 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 discretion 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 contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office, department or agency, but in that event, the same maybe prosecuted or defended 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 therm for which they were elected, or until their successory are elected and qualified. All appointed and elective officials, officers and employees of the City now SAN LUIS OBISPO CHARTER PAGE 2 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 reelected or their successors are appointed or elected in their place., or until their term of office or appointment otherwise closes. 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 prescribed by any law of the State, by -this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution 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 procedure established by any law of the State, unless a different procedure is estab- lished by ordinance. ARTICLE III - ELECTIONS SECTION 300. GENERAL MUNICIPAL ELECTIONS. General municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in March in each odd numbered year. (Amendment adopted NovembeA 5, 1974.) 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 munici- pal 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 by 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, referee-. dum and recall of municipal officers, shall apply to the use thereof in this City in so far -as the provisions of the elections code are not in conflict with this Charter. LUIS OBISPO nAnn n a n—" a 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. 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 five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of .whom,.including the Mayor, shall have the right to vote on all questions coming before the Council. SECTION 501. ELECTED AT LARGE. The Mayor and Councilmen shall be elected at the general municipal 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 be 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 like 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 commencingon the first day of April at twelve o'clock noon following the election, and contin- uing until a successor is qualified and elected. (ArnendmevLt adopted Novem6elc 5, 1974.) SECTION 601. POWERS,AND DUTIES:. The Mayor shall be President of the City Council and shall preside at all its meetings and perform such other duties consistent with his office as PAr.E 4 ote of the people. He shall be entitled may be imposed by the Council oru� vshall possess no veto power. Failure or to, and must vote when present, b ur oses, by refusal to vote shall be construed theaCityfforaalleceremonial perp He shall a for recognized as the officialhead ofaservin civil process, and by the Governor g he may, with the the Courts for the pun time of public danger or emergency, military purposes. d of the police, maintain order and enforce consent of the Council, take comman laws. SECTION 602. ADDITIONAL DUTIES. powerser and perform such other The Mayor shall exercisesuchordinance or by resolution of the duties as may be prescribed byas Council, except as limited by tlCharter. SECTION 603. MAYOR PRO TEMPORE, The Council shall elect one of its membo�s the Vice cPresident nof the t. ring _ the temporary absence or disability of the Mayor,f the temporary absence or Council shall act as Mayor Pro Tempore. the Council shall elect disability of both the Mayor and the Vice President, in the office May one of its members to be Mayor Pro Tempore. In case of Mayor until such of Mayor, the Vice President of the Council shall act as M vacancy can'be filled as proved in this Charter. Dollars ($250.00) per month SECTION 604. COMPENSATION. t to the extent The Mayor shall receive Two Hundradabletmot�thly, except compensation for his ser appvicroved b such,as payable electorate, but the Mayor shall Y heretofore or hereafter. app adopted Ap�u.e 18, receive reimbursement n order of the Council dutyfor Council authorized travel- receive and other expenses when on official 1967.) ARTICLE VII - THE COUNCIL SECTION 700. ELECTION AND TERMS OF COUNCILMEN. under At the first general municipal election eldCounciltand thereafter April of 1957, two members shall be elected o the each succeeding biennial election. two members shall be elected alternately of April at he election, and each member shall serve for The term of each elected member shall commence on the first dayof twelve o'clock noon following �� adopted a term of four years'and until a successor castingeofclotsand(qua ties in voti;gsh ll be settled by November 5, SECTION 701:. VACANCIES. or or Councilman, thointee if a vacancy shall occur in the office of May Said app Council shall forthwith appoint a person to fill such vacancy. qualifications for eligibility as are set forth in Section shall possess such q elected and 4 of this Charter and shall hold o=f until his successoraisoduly the e 30 lacing of the member whom he is rep qualified. SAN LUIS OBISPO CHARTER PAGE 5 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 electorate, but the members of the Council shall receive reimbursement on order of the Council for Council approved traveling and other -expense when on official duty. (Amend- ment adapted Apxit 18, 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 munici- pal moneys; nor be elected or appointed to any office created or the compensa- tion of which is increased by the Council, while he is a member thereof, until one year after the expiration of the term for which he was elected. SECTION 704. ADMINISTERING OATHS. SUBPOENAS. Each member of the Council shall have the power to administer oaths And affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath.and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience -of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State. SECTION 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 powers of legislation in municipal affairs adequate to a complete system of local -government consistent with the con- stitution of the State. 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 meet- ings 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 transaction 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 punish its members for disorderly conduct and compel their attendance at the Council meetings. SAN LUIS OBISPO CHARTER PACE 6 SECTION 710. GENERAL POWERS OF THE COUNCIL. Subject to the provisions And restrictions in this Charter contained, and the delegation by this Charter of any powers to any person, officer, board, or`coimnission,'which delegation of power, 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 wel- fare 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 competent for this Charter to specifically enumerate. 'No enumeration or specific statement herein of any particular powers shall be held- to be exclusive of','or a limitation bf, 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, tele- graph, electric light or other wires within the city, or within any desig= nated portion thereof, and to regulate 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 ordinance, resolution, or oral motion duly made and passed. SECTION 713. AYES AND NOES. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. SECTION 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 Obispo." The enacting clause of'e'ery ordinance initiated by the people shall be: "Be ii ordained by thb"People of the City of San'Luis'Obispo." SAN LUIS OBISPO CHARTER PAGE 7 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 bthethe day of its introduction nor within five days thereafter, nor untilil son 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 amen beings made thereto before the final adoption of the ordinance, the amended Portion or portionsof said ordinance must in like manner be republished at least one day before its adoption as amended than a full section shall be so � Provided that no or clerical errors shall not constituteean amendmentThe correction withinohe meani t typographical ng of portion less the foregoing sentence.°graphical SECTION 717. EMERGENCY ORDINANCES. Any ordinance declared by the Council to be necessary as an emergenc measure for preserving the Public peace, statement of the reasons for its ur enchealth or safet y once and the samereasons o g y, may be introduced a andcadoptednata meeting passed by at least four affirmative votes. SECTION 718. WHEN ORDINANCES GO INTO EFFECT. Except as otherwise provided in this Charter, every ordinance and ever measure passed by the Coucil granting any franchise or privilege, into effect at the expiration of thirtydays y otherwise provided in said ordinance or measure ter it final g shall go such ordinance or measure shall go into effect in less than tassage, unless provided, however, that fno rom its final passage. But ordinances declared b thirty days from as emergency measures as hereinbefore y the Council to be necessary wise relating to elections, ordinancesrelating ordinances s ordering or other- wise of which is to be borne wholly or in g Public improvements, the by sp taxing ordinances, may go into effect at the will ofethelCo ments, and unncalcil. SECTION 719. AMENDING ORDINANCES. ce shall be sectionsothereofnto be amendedmended by shall be re-enacted to its title, but the and any amendments passed contrary to the enacted at length as amended; be void. provisions of this section shall SECTION 720. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and pub- lished In the manner required at the time of their adoption, and which not been repealed , may be compiled and codified in accordance with the have visions of the laws of the State of California as the same now exist o hereafter be amended. pro - Detailed regulations r may Plumbing and wiring, re Pertaining to the construction of buildings, a comprehensive code fire prevention and similar matters, when arranged as provided b ' may likewise be adopted by reference in the manner by law. SECTION 721. REPEAL. No ordinance nor section thereof shall be repealed except by an ordinance adopted in the manner provided..in this Charter. PAGE 8 SPO SECTION 722. BOARD OF EQUALIZATION. on The Council'shall meet at'it's he usual clock in the dforenooniofssaid tday, first Monday in 'July 'of each year,',at ten o equalization, and shall continue in session for that disposed and sit as a board of eq until the business of equalization is he purpose, from time 'to time, in 'July.' Publication of the time and of,'but'not later than`the third Mondayat least one published notice in a place of such meeting shall' ire made :by newspaper published in the city. SECTION 723. VIOLP;TION OF'ORDINANCES• ted and published by'the City The violation of any ordinance add p ncil shall constitute a misdemeanor unless by ordinance it is made an Cou be prosecuted or may be infraction. Both misdemeanors and infractions law of the State. (Amend" redressed in the manner Provided by Ment adopted 'Match '4, 1975.) _ SECTION 724. PUBLIC WORKS AND SUPPLIES. 1 All contracts shall be drawn undeexecutedr the 9in the oname ofethe tCity, Attorney.) All contracts must be in writing, the same, and must be counter - by an officer or officers authorized ho sha1T numbergaad register the seine in a book signed by the City Clerk, . ur ose. An contract may provide -for kept' 'for tiiAt 'p P ent of Contracts. Y ing or order - (2) Progressive Paym rogressive'payments-if'in"t'he ordinance or Bent. Butanohprogressive pay - P g ertdission"is given for such p Ym with prior payments, if ing the Work p time which, per cent menta maybe provided for or made at any time ninety P shall -exceed in amount at any to that time, there have been such, nt of 'more labor permit the payer (90%) of the value of the provide for 90%) authorizene 'and the or use tom completion and and no contract shall "prov of the contract price before the P than ninety per cent (90�) improvement acceptance of the work. Contract, in the erection, (3) Public Work to be Done by in all street and sewer work, ublic buildings and works, a bonded and repair of all'P of the laws of the State creating done under and by authority supplies or materials for the same, or and in furnishing any engineering indebtedness, the City, when the expenditure exclusive of eng 1 000) for any other use by three informal iced for the same exceeds the sand Dollarsh($5a000)ollars costs reque sumired 000), three informal but does not fired** Vhen"one FiveiThousandaDollars ($5' formal bids are bids are required', when over. Five'Thousand Dollars ($5,000).1., osible bidder bids are required; of San' "Luis Obispo by r"equired, and: the cotitract' shall be lea e= the Cityof after "notice 'by publicatiori in a newsp P days before the time at least one insertion, which shall be at least ten (be)a three-fifths (3/5) provided, however, the Council mayto the for opening bids; P if deemed excessive or otherwise contrary vote reject any and all bids, or provide for the work ublic;"-and readvertise for bids, best int'erests'of t espor materials purchased under the.directhe CitytAdmin- to be done or supe provided the total cost submitted by In Administrative Officer, p likewise provide for the work to be ive Officer shall not exceed the lowest acceptable bid subm ttCe istrat the Council y case'no bid is received, p urthased'under'the direction of the Y done or supplies or materials p Administrative Officer. When the estimate of the cost of said work by the SAN LUIS OBISPO CHARTER PAGE 9 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 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 repsonsible bidder. (Amendment adopted Makch 4, 1975.) (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 property: No sale or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease 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 officers 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 approved 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 City 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 provided. In all cases where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. 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: SAN LUIS OBISPO CHARTER PAGE 10 (1) If removal is to be considered, the Council shall be majority vote at a regular Council meeting adopt a resolution stating that 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 new 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'ietention of his services, but his com- pensation 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 meetimg where the question or retention or removal of the City Administrative Officer is considered, the City Administrative Officer shall have the right to present such evidence in his own behalf as he may desire., but the City Council shall use its uncontrolled discre- tion'in making the decision, and its action shall be final and.shall not depend upon .any partfcular.showing or degree of proof. (41 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 municipal election held in the Cityat 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 observe 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 appointment, 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 11 SECTION 803. SALARY. The City Administrative Officer shall be paid a salary commensurate 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 Administra- tive Officer in matters of policy. Any action, determination or ommission of the Administrative Officer 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 administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limi- tation 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, disci- pline and remove all officers and employees of the City except elective officers, the city clerk -assessor, city attorney, city treasurer, and mem- bers'of the library board, park 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 including the annual report of all the departments of the City. (3) Make such recommendations to the Council or Board of Equalization regarding the annual assessment roll as he may deem advisable. (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 supplies, materials, and equipment required by any office, department of agency of the City government and recommend them to the Council 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, inven- tory and appraise the value.of all real estate, buildings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of -such inventory 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 12 (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 Commission, Library Board, and any other commissions or boards heretofore 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 Charter 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 delib- erations 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 Tempote during any absence or disability of the City Administrative Officer. SECTION 805.. INELIGIBLE PERSONS. No person related to the City Administrative Officer by consanguinity or affinity with the third degree shall hold any appointive office or employ- ment with the City. ARTICLE IX - 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 sub- ordinate officers, assistants, deputies and employees 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 affirma- tive 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 be removed 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 of all officers and employees of the City. SECTION'902. COMBINING OF OFFICES. Where the positions are not incompatible, the Council may combine in one person the powers and duties of two or more offices created or provided for in the Charter. SAN LUIS OBISPO CHARTER PAGE 13 SECTION 903. CONSOLIDATION OF FUNCTION. The Council may transfer or consolidate function of the City govern- ment to or with appropriate functions of the State or County government, or may make use of such functions of the State of County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consol- idated, shall be•deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the -ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner. SECTION 904. COMPENSATION OF OFFICERS AND EMPLOYEES. The compensation of all City officers and employees, except as other- wise 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 offi- cer 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 Constitution 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 Council, 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 here- tofore or hereafter enacted, no appointment to any position under the City government shall be made or be withheld by reason of any religious or polit- ical opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or service. ARTICLE X - 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, forthe organization, functions, conduct and operation of the several offices and departments of the City, and may SAN LUIS OBISPO CHARTER PAGE 14 provide for the creation of additional departments, divisions, offices and agencies, and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassign- ment of divisions, offices and agencies to departments, and for the number, title, qualifications, powers, duties and compensation of all officers and employees. ARTICLE RI - BOARDS AND COMMISSIONS SECTION 1100. BOARD OF EDUCATION. The control of the public schools of the San Luis Obispo School Dis- trict 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. ELIGItILITY. 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 appointment and an elector thereof at the time of such election or appointment. 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 California. 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 is 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 each biennial election, there shall be elected members 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 members 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 Library 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 SAN LUIS OBISPO CHARTER PAGE 15 term.and two members for a two year term. All terms shall commence July 1, 1955. Thereafter 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 pre- scribed 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 of the.Library. SECTION 1106.5. CONSOLIDATION OF LIBRARY SERVICES. Notwithstanding the provisions of Sections.11O5, 1106 and 1205 (c) 2 of this Charter, the Council may by ordinance transfer or consolidate City Library operation and financing with appropriate functions of the State, the County, or any other governmental body offering to provide library service to an area or region of which the City is a part, if such transferor con- solidation is authorized by State law for other municipal corporations of comparable size. The provisions of the aforementioned charter sections shall be deemed suspended during the continuance of such transfer or consolidation to the extent such suspension is set forth in said ordinance. Any such trans- fer or consolidation may be repealed in like manner. (Amendment appnoved June 20, 1912.) 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 Council shall appoint either four or three members each two years respectively. 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, maintenance, management and control of the park and recreations activities of.the City. SECTION 1109. REPORTS. The Park and Recreation Commission shall make full and complete monthly and annual reports to the City Administrative Officer and the City Council and such other reports as may be requested by these officials. SECTION 1110. PLANNING COMMISSION. There shall be 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. Thereafter the Council shall appoint either four or three mem- SAN LUIS OBISPO CHARTER PAGE 16 bers each two years respectively. Any vacancy in the Commission shall be filled by 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 member has completed the term for which be 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. ARTICLE XII = 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 assessment, 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 tq the Council a careful estimate, in writing, of the amounts,,specifying in detail the objects thereof required for the business and proper conduct of the various departments, offices, boards and commissions of the City, over which he has control, during the next ensuing year. The City Administrative Officer shall also at said time submit to the Council an estimate of the amount of income from fines, licenses, and other sources of revenue, exclusive of taxes upon property, and the pro- bable amount required to be levied and raised by taxation. SECTION 1203. PUBLIC HEARING ON THE BUDGET. After reviewing the proposed budget as submitted by the City Admin- istrative Officer and making such revisions as.it may deem advisable, the Council shall determine the time'for holding of a public hearing 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 th.e Citi* Clerk at least ten (1.n) days prior to said hearing. At the time so advertised or at any time to SAN LUIS OBISPO CHARTER PAGE 17 which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the proposed budget at which interested per- sons 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 further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the Council may amend or supplement the budget by motion adop- ted by a majority vote of the Council: SECTION 1205. TAX LIMIT.' (a). General. The Council shall not levy a property tax for municipal purposes other than for school purposes, for any fiscal year, greater than eighty-five cents (85(,k) on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. . (b) Additional Taxes. There shall be levied and collected at the time and in. -the same manner•as other property taxes for municipal purposes are levied and -collected, as additional taxes, if no other provisions for the payment thereof is made: 1. A tax sufficient to meet all obligations of the City for principal and interest of all bonds..or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to exceed the limits hereinafter enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the City: 1. For -public improvements and betterments. Thirty cents (30(,1). 2. For the -support and maintenance.of the City's public library system. -Twenty cents.•(20c). - 3. For park and recreation purposes. Twenty cents (20t). 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 SAN LUIS OBISPO CHARTER PAGE 18 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 Administrative Officer and City Attorney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall'be available for inspection by the general public. SECTION 1207. PUBLIC WORK TO BE DONE BY -CONTRACT. Every project involving an expenditure of public monies of more than Five Thousand'Dollars ($5,000) exclusive of engineering costs for the con- struction or improvement of public buildings, works, drains, sewers, -util= ities, 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. '(Amendment adopted Manch 4, 1975.) 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 therein, or if no amount be so specified then in an amount not less than ten per cent (10%) of the aggre- gate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the -time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be -declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forefeited shall be prose- cuted and the amount thereof collected and paid into such fund. SECTION -1209. "COUNCILS AUT14ORITY:.TO REJECT'ALL BIDS. -'The.Council may rejectafly and all bids presented and'may readvertise iri its discretion: SECTION 1210. CITY PERFORM WORK. The Council, after rejecting bids, or if no bids are received, may declare and determine that, -in its opinion, based on estimates approved by the City Administrative Officer, the work in question -may be performed better or more economically by -the City with its own employees and after the adop- tion 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"-6tited, without further observance of the provisions of this article'. Such contracts like- wise may be let without advertising for bids, if such work shall be of urgent necessity for the preservation of life, health or property and shall be authorized Wy resolution passed by at"least-1our affirmative votes of the Council and`coritaining a' -declaration -of the facie constituting such urgency. SAN LUIS OBISPO CHARTER PAGE 19 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 -Treasurer only in the manner 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 occurrence 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 provision 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 pro- hibit payment on invoice, claims for goods, wares, materials, and/or services supplied to the City, and the provisions for payment on account of said items shall be set out by an ordinance adopted by the Council. 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 existing franchise or not, to furnish the City and its inhabitants with transpor- tation, 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 here- after exist, for the construction and operation of plants, works or equip- ment, necessary or convenient for the furnishing 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. SAN LUIS OBISPO CHARTER PAGE 20 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 condi- tions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where.any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. .It shall direct the City Clerk to publish said 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. - Thereaftei, 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 abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain all property actually used and. -useful -in the exercise of such franchise and situtate within the, -territorial limits of the State, municipal or public -corporation purchasing or condemning such property-, or until the franchise shall be-- forefeited for non-cbmpliance with its terms by the possessor thereof'. SECTION 1303. GRANT TO BE IN LEIU OF ALL OTHER FRANCHISES. Any franchise granted -by the City with respect to any given utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise, for the rendering of such utility service within the limits of'the City as -they now or may hereafter -exist, except any -franchise derived under Section 19!of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October;10, 1911. The acceptance of any franchise -hereunder shall operate as an abandonment of all•such franchises, rights and privileges within the limits of the City as such -limits shall at any time exist`, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance -thereof shall have been filed by the grantee thereof with the City -; Clerk:-- -Such-acceptance-shall be filed -within -ten (10) days -after the adoption of the ordinance granting the--franchise-and when so filed, such acceptance:shal'1 constitute -a -continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any -and all franchises, -rights and privileges owned by.the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SAN LUIS OBISPO CHARTER PAGE 21 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 noth- ing herein contained shall be construed to contract away or to modify or to abridge either for a term or in.perpetuity the City's right of eminent domain with respect to any public utility.. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed,price or.a price to be determined in a.manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. in .fixing the price to be,paid by the City for any utility, no allowance shall be made for franchise value,(other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost.of.reproduction, severance damage, or increased value of right of way. SECTION 1305., DUTIES OF GRANTEE. . .By its acceptance of any franchise.hereunder, the grantee shall cove- nant and agree to perform and be bound by each and ,all of the terms and con- ditions imposed in the grant or by procedural ordinance, and shall further agree to: (a) Comply with all lawful ordinances, rules and regulations thereto- fore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance and operation of its plants, works or equipment; (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) 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 and facilities installed, used.and maintained under the franchise if and when made necessary by.any lawful change of grade, alignment,,or width of any publicstreet, 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 grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. SECTION 1306. EXERCISING RIGHTS 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, aAd each day that such condition continue to exist shall con- stitute a separate violation. ARTICLE XIV - 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. SAN LUIS OBISPO CHARTER PAGE 22 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 hear- ing 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 con- clusion of any.earing, 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' writ teA 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 private personnel agency,.to furnish personnel services for the proper selection and manage- ment of employees of the City. ,The Council shall also have power to enter into contracts for limited periods of time with expert, technical, or scien- tific 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,'ndr 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 fulltime employee from .se_eking election or appointment to public office. Upon.becom- ing 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 paid in other comparable public and private agencies, in order to ascertain whether the salaries.,and wages being.paid_the.City officers and employees for similar work are comparable, and make recommendations to the City Council thereon.. SAN LUIS OBISPO CHARTER PAGE 23 SECTION 1406. RETIREMENT, STATE SYSTEM. The City Council is empowered to enter into a contract with the Board of Administration of the California State Employee's"Retirement 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 employ- ees of the Public Library, members'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' Retire- ment 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 XV - MISCELLANEOUS PROVISIONS SECTION 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 corporations, now or hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, shall be applicable to the City. SECTION 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 author- ities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter, 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 exceed- ing 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 payment of the expenses of operating, maintaining, improving or bettering such public utility, and to the payment of any debts and interest thereon which may have been incurred for the acquiring, improving, operating or maintaining of such utility. SAN LUIS OBISPO CHARTER PAGE 24 SECTION 1505. AMENDMENTS. This Charter may be amended in accordance with the prdvisio'ns 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, Department, Board, Officer, Employee; wherever-mentioned,in'this Charter means the Commissioner, Commission,.Department,•Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. SECTION 1507. DEFINITIONS. When used in this Charter the masculine gender includes the feminine and neuter. The present tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory-and "May" is permissive. "Oath" includes affirmation:; SAN LUIS OBISPO CHARTER PAGE 25 - I N D E X - ACTIONS AND PROCEEDINGS, continuance of . . . . : . . . . . 105 ACTIONS AGAINST CITY, filing, etc . . . . . . . . . . . . . . . . . . 1213 ADMINISTRATIVE OFFICER (See title City Administrative Officer) ANNUAL BUDGET Adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . 1204 .Hearing and notice . . . . . . . . . . . . . . . . . . . . . . . 1203 Providing for . . . . . . . . . . . . . . . . . . . . . . . . . . 1202 ASSESSOR (See title City Clerk -Assessor) AUDIT, ANNUAL, by C.P.A. . . . . . . . . . . . . . . . . . . . . . . 1206 BOARD OF EDUCATION Compensation of members . . . . . . . . . . . . . . . . . . . . . 1104 Control of certain schools, vested in . . . . . . . . . . . . . . 1100 Election and term . . ., . . . . . . . . . . . . . . . . . . . 900-1103 Members, compensation of . . . . . . . . . . . . . . . . . . . . 1104 Members of . . . . . . . . . . . . . . . . . . . . . . . . . . 1100 Members of, eligibility of . . . . . . . . . . . . . . . . . . 1101 Powers and duties of . . . . . . . . . . . . . . . . . . . . . 1102 Term of . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 1103 Vacancy, filing . . . . . . . . . . . . . . . . . . . . . . . . . 1103 BOARD OF EQUALIZATION Council shall meet as, time of . . . . . . . . . . . . . . . . . 721 BOND OF OFFICERS Council may determine . . . . . . . . . . . 726 BOUNDARIES, established . . . . . . . . . 101 BUDGET (See title Annual Budget) CHARTER Amendment of . . . . . . . . . . . . . . . . . . . . . . . . . . 1505 Construction of . . . . . . . . . . . . . . . . . . . . . . . . . 1506 Definitions . . . .. . . . . . . . . ... . . . . . . . . . . . . . 1507 Effective Date, approval by Legislature . . . . . . . . . . . . . 1500 Validity of. . . . . . . . . . . . . . . . . . . . *. . . 1502 Violation of, penalty . . . . . . . . . . . . . . . . . . . . . . 1503 CITY ADMINISTRATIVE OFFICER Actions against City presented to . . . . . . . . . . . . . . . . 1213 Annual Budget, providing for . . . . . . . . . . . . . 1200 (et seq) Appointment of certain officers and department heads . . . . 800-900 Council shall appoint 711(2) Councilmen, eligibility of . . . . . . . . . . . . . . . . . . 802 Park and Recreation Commission, reports to . . . . . . . . . . . 1109 Person-related.to ineligible to serve as City Officer 805 Powers .and .duties .. 804 Public works and supplies, duties . . . . . . . . . . 724(3) Public works performed by City . . . . . . . . . . . 1210 Qualifications _of . . . . . . . 801 Salary of . . . . . . . . . . . .. . '803 'Salary and.wages, study to be made annually . . . . . . . . . . 1405 Term of, and removal of . . . . . . . . .. . . . . . . . . . . 800 SAN LUIS OBISPO CHARTER PAGE 26 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 ... Sale or lease of .. . . . . . . . . . . . . . . . . . . . . . . . 725 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 Date fixed by . . . . . . . . . . . . . . . . . . . . . . . . 1202 Adoption of . . . . . . . . . . . . . . . . . . . . . . . . . 1204 Hearing .and notice . . . .. . . .. . . . . . . . . . . . . . . . 1203 Audit Annual should be made . . . . . . . . . . . . . . . . . . . . 1206 -Board of Education. Appointment of and term . . . . . . . .. . . . . . . . . . . 900 Board of Equalization To meet as, time of . . . . . . . . . . . . . . . . . .. . . . 722 Administer 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.,of, term of office . . . . . . . . . ... . 900 Compensation of . . . . . . . . . . . . . . . . . . . . . . . . 702 Councilmen Election of, at large . . . . . . . . 501 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, resolution, or motion ; . . . . . . . . . • • . . 714 SAN LUIS OBISPO CHARTER PAGE 27 COUNCIL (Continued) Meetings Place of, public706-707 Quorum, majority to constitute . . . . . . . . . . . 708 Rules of proceedings . . . . . . . . . . . . . . . . . . . 709 Special may be called . . . . . . . . . . . . . . . . . . . 706 Method of action taken by . . : . . . . . . . . . . . . . . . 712 Officers and employees of City, appointment of . . . . - . . 900901 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 _ Ordinances and resolutions, ayes and noes take on passage of . . . . . . . . . . . . . . . . . . . . . . . . 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 Tax limit 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 . . . . . . . . . . . 500-700 ELECTRICITY AND ELECTRIC POWER EXEMPTED . . . . . . . . . . . . 1211 EMINENT DOMAIN, right not impaired by franchise grant . . . . . 1304 FISCAL YEAR, defined . . . . . . . . . . . . . . . . . . . . . 1200 FORM OF GOVERNMENT OF CITY . . ... . . . . . . . . . . . . . . . 400 SAN LUIS OBISPO CHARTER PAGE 28 FRANCHISES Duty of grantee . . . . . . . . . . . . . . . . . . . . . . . . . 1305 Granting . . . . . . . . . . . . . . . . . . . . . . . 1300-1301-1303 ' Term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1302 Eminent domain not impaired by 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 Consolidation of library services . . . . . . . . . . . . 1106.5 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 MAYOR Absence or disability, selection of mayor pro tempore . . . . . . 603 Compensation of . . . . . . . . . . . . . . ... . . . . . . . . 604 Election of, at large . . . ... . . . . . . . . . . • . . . . 500-900 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 . .. . NATURAL GAS, TELEPHONE SERVICE, ELECTRICITY, exempted . . . . 1211 NEPOTISM 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 Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901 Eligibility for office . . . . . . . . . . . . . . . . . . . . . 304 Employee may become candidate for public office . . . . . . . 1404 Enumeration of . . . . . . . 500-900 Fees collected by, must be 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 reassignment of . . . . . . . . . . . . . . . . . . . . . . . . . 1000 ORDINANCES Adoption of certain provisions by reference permitted •. . . . . . 720 Amending . . . . . . . . . . . . . . . . . . . .. .716-719 Codification of . . . . . . . . . . . . . . . . . . . . . . . . 720 SAN LUIS OBISPO CHARTER PAGE 29 ORDINANCES (Continued) Continued . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Effective when . . . . . . ... . . . • • • • • • • • . . . . . . 718 Emergency, adoption of . . . . . . . . . . . . . . . . . . . 717 Emergency, effective . . . . . . . . . . . . . . . . . 718 Enacting clause of . . . . . . . . . . . . . . . . . . . . . 715 Requirements of . . . . . . . . . . . . . . . . . . . . . 716-717 Repeal of . . . . .. . . . . . . . . . . . . . . . . . . . . 721 Violation of, punishment . . . . . . . . . . . . . . . . . . 723-1503 ORDINANCES AND RESOLUTIONS Ayes and noes taken by Council . . . . . . . . . . . . . . . 713-714 NAMEOF CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 PARK AND RECREATION COMMISSION Appointment of . . . . . . . . . . . . . . . . . . . 711(2)-1107 Members, number and term of services . . . . . . . . . . . . . . 1107 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . 1108 Reports of . . . . . . . . . . . . . . . . . . . . . . . . . . . 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) 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 Removal of . . . . . . . . . . . . . . . . . . ... . . . . . . . 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 POWERS OF 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 of City 724(4)(a) City may perform work . . . . . . . . . . . . . . . . . . . . . . 1210 Contract, certain let by . . . . . . . . . . . . . . . .1207 Contract, rejection of bid . . . . . . . . . . . . . . . . . . . 1.209 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 RETIREMENT 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 TAXSYSTEM, providing for . . . . . . . . . . . . . . . . . . . . . 1201 SAN LUIS OBISPO CHARTER PAGE 3.0 TAXATION Board of Equalization, Council to act as, time of meeting . . . . 122 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 ' X0416 00 0 MMA,,h4h,6. Charter city of sAn luesOBISPOIAI for the � -- 1955* *( With Amendments Through March 4, 1975 ) ARTICLE I. ARTICLE II. ARTICLE III.. ARTICLE IV. ARTICLE V. ARTICLE VI. ARTICLE VII. ARTICLE VIII. ARTICLE IX. ARTICLE X. ARTICLE XI. ARTICLE XII. ARTICLE XIII. ARTICLE XIV. ARTICLE XV. T A B L E O F C O N T E N T S Page Incorporation and Succession . . . . . . . . . ..:.1 Powers of the City . . . . . . . . . . . . . . . . . 2 Elections . . . . . . . . . . . . . . . . . . 2 Form of Government . . . . . . . . . . . . . . . . . 3 The Elective Officers . . . . . . . . . . . . . . . 3 The Mayor . . . . . . . . . . . . . . . . . . 3 The Council . . . . . . . . . . . . . . . . . 4 City Administrative Officer . . . . . . . . . 9 Officers and Employees . . . . . . . . . . . . . ... 12 Executive and Administrative Departments . . . . . . 13 Boards and Commissions . . . . . . . . . . . . . 14 Fiscal Administration . . . . . . . . . . . . . . . 16 Franchises . . . . . . . . . . . . . . . . . . . . . 19 Personnel System . . . . . . . . . . . . . . . . . . 21 Miscellaneous Provisions . . . . . . . . . . . ..... 23 Index . . . . . . . . . . . . ... . . . . . . . . . 25 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 politic and corporate, as at present, in fact and in law, and by such nameshall 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 municipality, and is hereby declared to the successor of the -.same. It,shall.be. subject to all liabilities that now -exist -against this municipality. SECTION 103. ORDINANCES. All lawful ordinances, resolutions, rules and regulations or portions 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 superseded 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 discretion of the City Councilm',may be carrked 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 contained, but all.such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency a party thereto,. may be assi.gneddor.transferred:by,or:.under•this Charter-to.another officer, office, department or agency, -but in that .event, the same:mayrbe prosecuted or . defended by -.the .head :of. the office,.. departmett,,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.•theirduties for the balance•of the-therm;for which they were elected, or. until their successory are elected and qualified. All appointed and elective officials, officers and employees of the City now • 1 ti 1 SAN LUIS OBISPO CHARTER PAGE 2 in office or employed at the time of the approval of this Charter by the Legislature, shall continue to hold their offiee or employment until they are reappointed or reelected or their successors are appointed or elected in their place, or until their term.of office or appointment otherwise closes. ARTICLE II - POWERS OF THE CITY SECTION 200.- POWERS OF CITY. The City of San.,,'Liiis 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 pvovided in this Charter and in the Constitutionof the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, -granted or prescribed by any law of the State, bytthis 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.• PROREDURES. The City shall have.the power and'may act pursuant to procedure established by any law of the State, unless a different procedure is estab- lished by ordinance. ARTICLE III - ELECTIONS SECTION 300. GENERAL MUNICIPAL ELECTIONS. General municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in March in each odd numbered year. (Amendm&t adopted Novemb¢n 5, .974.) SECTION 301. SPECIAL MUNICIPAL'EEECTIONS. All other municipal elections that may be held by authority of this Charter, or of general law,.or by Ordinance, shall be known As special munici- pal elections. SECTION 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 by 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, -referen- dum and recall of municipal officers, shall apply to the use thereof in this City in so far -as the provisions of the elections code are not in conflict with this Charter. SAN LUIS OBISPO CHARTER PAGE 3 SECTION 304. ELIGIBILITY FOR OFFICE. No person shall be eligible for election to, or to hold, the office of Mayor or.Councilma.n 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. 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 five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. SECTION 501. ELECTED AT LARGE. The Mayor and Councilmen shall be elected at the general municipal 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 be ar-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 like 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 April at twelve o'clock noon following the election, and contin- uing until a successor is qualified and elected. (Amendment adopted NovembeA 5, 1974.) SECTION 601. POWERS AND. DUTIES: , . The Mayor shall be President of the City Council and shall preside at all its meetings and perform such other duties consistent with his office as SAN LUIS OBISPO CHARTER PAGE 4 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 public danger or,^emergency, he may, with the consent of the Co' uncil;'td ke command of the' police, maintain 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 law or ordinance or by resolution 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 bheMa.yor 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 proved in -'this -Charter.; SECTION 604. COMPENSATION. The Mayor shall -'receive Two Hundred Fifty Dollars ($250.00) per month compensation for his services as such, payable monthly, except to the extent heretofore or hereafter approved.by the electorate, buttthe Mayor shall receive reimbursement on order of the Council for Council authorized travel- ing and other expenses when on of duty. (Amendment adopted Aptit 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 thereafter two members'shall be elected alternately at each -succeeding -biennial election. The term of each elected member shall commence on the first day of April at twelve o'clock noon.following the election, and each member shall serve for a.term of four years and until a successor.is elected and qualified. Any ties in voting shall be settled by the casting of lots. (Amendment adopted. November 5, 1974.) SECTION 701:. VACANCIES. If a vacancy shall occur in the officeoof 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.. SAN LUIS OBISPO CHARTER PAGE 5 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 electorate, but the members of the Council shallreceive reimbursement;on.order of the Council for Council approvedtraveling and other expense when on official duty.. (Amend- ment adapted-ApA.0 18, 1967.) SECTION. -703. .COUNCILMAN.TO HOLD.N0.0THER.-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 munici- pal moneys; nor be elected or appointed to any .office created or the compensa- tion of which is increased,by the Council,.while-he is.•a,.member.thereof, until one year after the expiration of the term for which -he was. elected. SECTION 704. ADMINISTERING. -OATHS: -SUBPOENAS. Each.member•of the. -Council shall have the.power to administer oaths and..affirmations in -any investigation or proceeding pending before the -Council. The Council shall.have the power and authority to -compel -the attendance of witnesses; to examine.them•..under-oath.and compel the:production of evidence before:.it.... Sub poenas.: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 contemptand 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 powers-of.legislation in municipal affairs .adequate to a:.complete:system of..local.government:.consistent.with the con- stitution of the State. SECTION 706. MEETINGSOOFCCOUNCIL. ...The Council -.shall,. -:by ordinance -:or: resolution, provide for the time and. place of.-.holding..its-.meetings„and •the.,manner- in• which its special meet- ings may: be- called..-..... SECTION 707. MEETING9.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 transaction 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 punish its members for disorderly conduct.-and.compel-their attendance at the Council meetings. SAN LUIS OBISPO CHARTER PAGE 6 SECTION 710. GENERAL POWERS OF THE COUNCIL. Subject to the provisions and restrictions in this Charter contained, and the delegation by this Charter of any powers to any person, officer, board, or commission,'which delegation of power, if any, shall control, the Council shall have the power, in the name of the City, tol.do and perform all acts and things appropriate to a municipal corporation and the general wel- fare 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 competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held -to be exclusive of, or a limitation of, the foregoing general grant of powers. SECTION 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, tele- graph, electric light or other wires within the city, or within any desig- nated portion thereof, and to regulate 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 ordinance, resolution, or oral motion duly made and passed. SECTION 713. AYES AND NOES. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. SECTION 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 Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo." SAN LUIS OBISPO CHARTER PAGE 7 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 fve.days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3).days before its adoption; and in case of amendment being made thereto -before the final adoption of,the ordinance,. the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The ..correction.of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. SECTION 717. EMERGENCY ORDINANCES. Any ordinance declared by the Council to._be-necessary as.an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency,.may be. introduced and adopted at once and the same meeting if passed by at least four affirmative votes. SECTION 718. WHEN ORDINANCES GO INTO EFFECT. Except as otherwise provided in.this Charter, every ordinance and every measure passed by the Coucil granting any franchise..or.privilege, shall go into.effect at theeexpiration of thirty days after .it.final passage, unless otherwise provided in said ordinance.or measure; provided., however, that no such ordinance or measure shall go into effect..in less than thirty days from its final passage. But ordinances declared by the Council .to be necessary as emergency.measures as hereinbefore provided,.ordinances ordering or other- wise relating to elections., ordinances..relating to public improvements,'the cost of.which .is to_be borne wholly or -in -part --by special assessments, and taxing:.. ordinances,. may. go...into effect -.at.. the .will of the. Council-..-.. SECTMON 7.19..• AMENDING ORDINANCES. No ordinance shall be amended- .by, re f erence • to ..its title; but_. the sections.thereof.to,be.amended shall-be-.re-enacted-at:length-as amended;. and any amendments passed.c.ontrary to the provisions of this section shall be void. SECTION 7.20.• CODIFICATION OF -.ORDINANCES: Any or all -ordinances of the City which have been.enacted and pub- lished in the manner required at -the. time of their adoption,.and which have not been repealed,.may.be compiled -and -codified in accordance with the pro- visions of the laws of the.State oCalifornia as the same.now..exist or may hereafter be amended. Detailed regulations pertaining.to.the construction of .buildings, plumbing and wir.ing,::•fire prevention and-simil-ar:matters, when arranged as a comprehensive code, mayllikewise be adopted by reference in the manner provided by:state law. SECTION 721. REPEAL.- No EPEAL.No ordinance. -nor section :.thereof, shall: be repealed except. by an ordinance adopted.in the manner provided..,in.this Charter. SAN LUIS OBISPO CHARTER PAGE S 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 unless by ordinance it is made an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. (Amend- ment adopted 'Manch 4, 1975.) 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 counter- signed 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 authorizing or order- ing the work permission is given for such payment. But no progressive pay- ments 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 df 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 (90t) of the contract price before the completion and acceptance of the work. (3) Public Mork to be Done by Contract, in the erection, improvement 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 One Thousand Dollars ($1000) but does not exceed the sum of Five Thousand Dollars ($5,000), three informal bids are required; when one Five Thousand Dollars ($5,000), three informal bids are required; when over Five Thousand Dollars ($5,000), formal 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, however, the Council may be a £hree-fifths (3/5) vote reject any and all bids, -if deemed excessive or -other -wise contrary tb-the best interests of the public, and readvertise for bids, or ppovide for the work to be done or supplies or materials purchased under the directibn=of�the City Administrative Officer, provided the total cost submitted by the City Admin- istrative Officer shall not exceed the lowest acceptable 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 SAN LUIS OBISPO CHARTER PAGE 9 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 beddone by.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 repsonsible bidder. (Amendment adopted Manch 4, !1.975.1 (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.practica-1 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 property: No sale -or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease 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 officers and other persons in the service of hhe 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.iesolution, 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 approved 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 City Administrative Officer.. A11 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:..provided... In all ,cases where .surety company bondsnareoa_pproved by the Council, the premium therefor shall be paid by the City. j 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 6f at least. three (3) members of the City Council and shall be subject to the following provisions: SAN LUIS OBISPO CHARTER PAGE 10 (1) If removal, is to be considered, the Council shall be majority vote at a regular Council meeting adopt a resolution stating that 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 com- pendation 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 Administrative Officer shall have the right to present such evidence in his own behalf as he may desire, but the City Council shall use its uncontrolled discre- tion 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 municipal 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 observe 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 appointment, 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 11 SECTION 803. SALARY. The City Administrative Officer shall be,paid a salary commensurate 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 Administra- tive Officer.in matters.of policy. Any action, determination or ommission of the Administrative Officer.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 administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a.limi- tation 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, disci- pline and remove..All,officers and.employees of the City except elective .. officers, the city clerk -assessor., city attorney, city treasurer, and mem- bers.of the.library.board, park and recreation commission and planning commission, and except as he.may authorize -the head of.any .department or office to.appoint or remove subordina.tes.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 including .the annual report of all the departments of the.City. (3) Make such recommendations to the Council or Board.of Equalization regarding the annual assessment roll as -he may deem advisable. . (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 .supplies,. materials, and equipment required'by.any office, department of agency of the City government and recommend them to the.Council for its adoption. .. .M. 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, inven- tory and appraise the value,of all real estate, buildings,.furniture and fixtures, supplies and movable properjry.of every kind and. nature belonging to the City; and to require each.officer or departmenthead to inventory. the same or any portion. thereof and maintain a perpetual inventory. One copy of such inventorysshall 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 12 (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, jeases, contracts, permits and.privileges, granted..by the_ City are f_u_lly.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 Commission,.Library Board, and.any.other commissions or boards heretofore or hereafter created by the City Council, upon his own.volitio_n 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 Charter. 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 delib- erations 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 absence or disability of the City Adm inistrative.Officer. SECTION 805..INELIGIBLE PERSONS. No person related to the.City Administrative Officer by.consanguinity or affinity with the third degree shall hold any appointive office.or employ- ment with the City. ARTICLE IX - 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 sub- ordinate officers, assistants, depiuties.and employees as the Council may deem necessary.to provide .for. The.City Clerk -Assessor, City,Attorney and City Treasurershall be appointed by and may be removed o_nly.by.the:affirma- tive votes of.a.major.ity 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 be removed 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.in2a manner not.inconsistent with this Charter,.for the powers and duties of all officers and employees of the City. SECTION_ 902. COMBINING OF OFFICES. Where the positions are not incompatible, the Council may bombine in one person the powers and duties of two or more offices created or provided for in the Charter. SAN LUIS OBISPO CHARTER PAGE 13 SECTION'903. CONSOLIDATION OF -FUNCTION. - The Council_may transfer or consolidate function.of the City govern- ment to•or with appropriate functions of the State or -County government; or may make use of such functions of the State of County government, and in case of any such transfer or consolidation, the provisions of.this.Charter providing for the function of the City government so transferred..o.r consol- idated, shall be•deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in:the-ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner. SECTION 904. COMPENSATION OF OFFICERS:AND EMPLOYEES.: The.compensation.of all City officers and.employees, except.as:other- wise.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 offi- cer or employee, aside from the salaryor 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 Constitution of this State, and shall file -the same with the City Clerk. SECTION 996. -NEPOTISM. The Council shall not appoint to a salaried position under the City. government, any person who is a relative.by-blood or -marriage within the .- third.degree of any one or -more members of such.Council,•,and neither shall any department head or other:•officer having appointive..power:appoint 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 h'ave- €afore,or hereafter.enacted,:no.appointment to any :position under the City government shall be -made -or be withheld by•reason.of.any religious or.._polit- ical opinions or affiliations or political services, and.no_appointment to or`selection for or removal from any:office or employment and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or service. ARTICLE.,X - 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 departments of -the City, and.may SAN.LUIS.OBISPO CHARTER PAGE 14 provide for the creation of.additional departments, divisions, -offices and agencies, and for their consolidation, alteration or abolition. It may further provide'by ordinance7or'resolution for the'assignment'and reassign- ment of'divisioins, offices and agencies to departments, -and for -the number, title, qualifications, powers,' duties and compensation of all officers'and employees. ARTICLE XI - BOARDS AND COMMISSIONS SECTION 1100. BOARD OF EDUCATION. The control of -the' public schools'of the San Luis Obispo School Dis- trict 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 appointment and an elector thereof attnlie'gime of such'eleciion or appointment. - 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 Caiifornia. SECTION 1103. ELECTION'AND TERMS. The members.of'the Board of..Education'shall.serve for terms of four years from the'lst of May at twelve o'clock noon following the election, or until their successors are elected - and qualified. The Board of Eddcatioii'in office. at.the time this charter is 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 each biennial election, there shall be elected members 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 members of the Board .for'the unexpired term thereof. SECTION 1104. COMPENSATION. Each member of the Board.of Education shall receive five dollars 3 ($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 Library 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 SAN LUIS OBISPO CHARTER. PAGE 15 term,.and two members for a two year term. All terms shall commence July 1, 1955. "Thereafter..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 arepre- scribed 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 of.the.Library. SECTION 1106.5. CONSOLIDATION OF LIBRARY SERVICES.- Notwithstanding the.provisions of.Sections.1105, 1106 and 1205 (c) 2 of this Charter, the,Council-may by ordinance transfer'or'consolidate City Library operation and financing with appropriate 'functions of the State, the County, or any other governmental body offering to provide library -service .to an area or region of,which.the City is.a part, if -such transfer -or con- solidation'.is authorized by State law for.other municipal corporations of comparable size:. The provisions of..the.aforementioned-charter sections shall be deemed.suspended during the continuance of.such transfer or -consolidation to the. extent:sucti suspension isset forth in said ordinance. Any such trans- fer -or consolidation may -be repealed in like manner. (Amendme.vrt appu ved June 20; 1972.) 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,fol-lows: four.. members _f or a_four year term and three members for a two year term. All terms shall commence July 1, 1955. Thereafter the Council shall appoint either four or. three members each two years respectively. 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 enfo.rce.rules and regulations, as may be necessary for the operation, maintenance, management -and -control of the park and recreations. activities, 6f the City.. SECTION 1109. 'REPORTS. - The Park.and Recreation.Commission.shall make full and..complete monthly and annual reports to the City Administrative Officer_and the City -Council and such other reports as may be requested by these officials. SECTION.1110. PLANNING -COMMISSION. There shall be.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'f'or a four year term and.three members for a.two year term. All terms shall commence July 1, 1955. Thereafter. the Council shall appoint either four or three mem- SAN..LUIS OBISPO CHARTER PAGE 16 bers each two years respectively. Any vacancy,in the Commission shall be filled by 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 cliosen'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 member 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. ARTICLE XII' -'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 assessment; 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 estimate, in writing,, of -the.amounts, specifyigg.in detail the objects thereof required for the business and proper conduct.of .the various departments, offices., boards and commissions of the City, over which he"has control, during the next ensuing year. The City Administrative Officer shall also at said.time submit to the Council an estimate of the amount of income from fines, licenses, and other sources ofrevenue, exclusive.of taxes upon property, and the pro- bable amount required to.be levied and raised by taxation. SECTION 1203. PUBLIC HEARING ON THE BUDGET. After reviewing the proposed budget as submitted by the City.Admin- istrative Officer and making such revisions as.it may deem advisable, the Council shall determine the time for holding of a public. hearing 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.'oudget shall be available for . inspection by the public at the 'office of'the City r1erk at least ten 0n) days prior to said hearing. At the time so advertised or at -any time to SAN LUIS OBISPO CHARTER PAGE 17 which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the proposed budget at which interested per- sons 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 further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, -the Council may amend or supplement the budget by motion adop- ted by a majority vote of the Council: SECTION 1205. TAX LIMIT. . (a). General. The Council shall not levy a property tax for municipal 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 otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition... (b) Additional Taxes. There shall be levied and collected at the time and -in the same manner -as other property taxes for municipal purposes are levied and -collected, as additional taxes, if no other provisions for the payment thereof is made: 1. AA tax sufficient to meet all obligations of the City for principal and interest of all bonds -or judgments due and.unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City;. . 2. -A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies,in addition to the above may be made annually in amounts not to exceed the limits hereinafter enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the City: 1. For -public improvements and betterments. Thirty cents (300). 2. For the support and maintenance of the City's public library system. -Twenty cents..(200). .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 SAN LUIS OBISPO CHARTER PAGE 18 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 Administrative'Officer and City Attorney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. SECTION 1207. PUBLIC WORK TO BE DONE BY.CONTRACT. Every project involving an expenditure of public monies of more than Five Thousand'Dollars ($5,000) exclusive of engineering costs for the con- struction or improvement of public buildings, works, drains, sewers, -util- ities, 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. -(Amendment adopted MaAch. 4, 1975.) 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 seciirity- shall be in an -amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten per cent (10%) of the aggre- gate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forefeited shall be prose- cuted and the amount thereof collected and paid into such fund. SECTION'1209. 'COUNCIL'S AUTHORITY -TO REJECT ALL BIDS. The Council may reject ahy and all bids presented and may readvertise in its discretion. SECTION 1210. CITY PERFORM WORK. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Administrative Officer, the work in question may be performed better or more economically by the City with its own employees and after the adop- tion 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 like- wise may be let without advertising for bids, if such work shall be of urgent necessity 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 c6ntaining a declaration of the facts constituting such urgency. SAN LUIS OBISPO CHARTER PAGE 19 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. ..m. • Moneys shall be drawn from the City Treasurer only in the manner 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 occurrence 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 provision 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 pro- hibit payment on invoice, claims for goods, wares, materials, and/or services supplied to the City, and the provisions for payment on account of said items shall be set out by an ordinance adopted by the Council. 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 existing franchise or not, to furnish -the City -and its inhabitants with transpor- tation, 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 here- after exist, for the construction and operation of plants, works or equip- ment, necessary or convenient for the furnishing 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. SAN LUIS OBISPO CHARTER PAGE 20 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 condi- tions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. .It shall direct the City Clerk to publish said 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 abandoned'by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain all property actually used and useful -in the exercise of such franchise and situtate within the territorial limits of the State, municipal or public -corporation purchasing or condemning such property, or until the franchise shall be forefeited for non-compliance with its terms by the possessor thereof. SECTION 1303. GRANT TO BE IN LEIU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any -franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall gperate.as an abandonment of all,such franchises, rights and privileges within the limits of the City as such -limits shall at any time exist, in lieu of which such franchise shall be granted. • Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance gianting the -franchise -and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the -City shall thereafter annex, or consolidate with, additional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. _J SAN LUIS OBISPO CHARTER PAGE 21 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 noth- ing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility...Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a.manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be.paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), gold will, going concern, earning power, increased cost of reproduction, severance..damage, or increased value of right of way. SECTION 1305. DUTIES OF GRANTEE. ..By its acceptance of any franchise.hereunder, the grantee shall cove- nant and agree to perform and'be bound by each .and all of the terms and con- ditions imposed in the grant or by procedural ordinance, and shall further agree to: (a) Comply with all lawful ordinances, rules and regulations thereto- fore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance and operation of its plants, works or equipment; (b) Pay to the City on demand the oost 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 relocatewithout expense to the City and facilities installed,_ used.and.maintained under the franchise if and when made necessary by.any lawful change of grade, alignment,, or width. of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay..ta.the_ City during the life of the franchise, a percentage, to be specified in the grant, of the gross.annual.receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. SECTION.1306. EXERCISING RIGHTS 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 continue to exist shall con- stitute a separate violation. ARTICLE XIV - 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. SAN LUIS OBISPO CHARTER PAGE 22 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 Beard would act as a hear- ing 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 con- clusion 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 private personnel agency, to furnish personnel services for the proper selection and manage- ment of employees of the City. The Council shall also have power to enter into contracts for limited periods of time with expert, technical, or scien- tific 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 fulltime employee from seeking election or appointment to public office. Upon becom- ing 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 paid in other comparable public and private agencies, in order to ascertain whether the salaries._and wages being,paid the.City officers and employees for similar work are comparable, and make recommendations to the City Council thereon.. i� SAN LUIS OBISPO CHARTER .. ..... PAGE'. 23 SECTION 1406. RETIREMENT, STATE SYSTEM. The"City Council is -empowered to enter into A contract with the Board-of•Administration of .the California State Employee's'Retirement- System, as it now exists .or may hereafter be amended, making the appointed officials and employees of the City of•San Luis '06ispo.including 'the "employ- ees -of 'the Public Library; members*, of •-thei Public Library, members of the said'system:• It-:is.pr.ovided; however;'thaf the Council may terminate this contract -with the.Board-.of-Administrition-of the'State Employees' Retire- ment System -only-upon aut_horify-granted"by an -ordinance adopted by a maj;ority 'vote 'of• the -electors . of..'the -.-City -voting oin such a ' proposition at an election at which such -proposal -is presented., ARTICLE XV,=.'MISCELLANEOUS'PROVISIONS SECTION -.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 corporations, now or hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, shall be applicable to the City. SECTION 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 author- ities of the City in the name of the .people of the State of California, or may be redeessed by civil action, at the option of said authorities. The maximum penalty upon.conviction for the violation 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 exceed- ing 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 payment of the expenses of operating, maintaining, improving or bettering such public utility, and to the payment of any debts and interest thereon which may have been incurred for the acquiring, improving, operating or maintaining of such utility. SAN LUIS OBISPO CHARTER PAGE 24 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 odcurs in this Charter; means the City of San Luis Obispo, and every Commissioner, Commission, Department, Board, Officer-, Employee, wherever mentioned -in, this Charter means the Commissioner, Commission, Department, -Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo: The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. SECTION 1507. DEFINITIONS. When used in this Charter the -masculine gender includes the feminine and neuter. The present tense includes the past and future tenses, and the future, the present. The sing&lar number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is permissive. 'bath" includes affirmation. SAN LUIS OBISPO CHARTER PAGE 25 - I N D E X - ACTIONS AND PROCEEDINGS, continuance of . . . . . . . . . . . . . . 105 ACTIONS AGAINST CITY, filing, etc . . . . . . . . . . . . . . . . . . 1213 ADMINISTRATIVE OFFICER (See title City Administrative Officer) ANNUAL BUDGET Adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . 1204 Hearing and notice . . . . . . . . . . . . . . . . . . . . . . .1203 Providing for . . . . . . . . . . . . . . . . . . . . . . . . . . 1202 ASSESSOR (See title City Clerk -Assessor) AUDIT, ANNUAL, by C.P.A. . . . . . . . . . . . . . . . . . . . . . . 1206 BOARD OF EDUCATION Compensation of members . . . . . . . . . . . . . . . . . . . . . 1104 Control of certain schools, vested in . . . . . . . . . . . . . . 1100 Election and term . . .. . . . . . . . . . . . . . . . . . . . 900-1103 Members, compensation of . . . . . . . . . . . . . . . . . . . . 1104 Members of . . . . . . . . . . . . . . . . . . : . . . . . . . . 1100 Members of, eligibility of . . . . . . . . . . . . . . . . . . . 1101 Powers and duties of . . . . . . . . . . . . . . . . . . . . . . 1102 Term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1103 Vacancy, filing . . . . . . . . . . . . . . . . . . . . . . . . . 1103 BOARD OF EQUALIZATION Council shall meet as, time of . . . . . . . . . . . . . . . . . 721 BOND OF OFFICERS Council may determine . . . . . . . . . . . . . . . . . . . . . 726 BOUNDARIES, established . . . . . . . . . . . . . . . . . . . . . . 101 BUDGET (See title Annual Budget) CHARTER Amendment of . . . . . . . . . . . . . . . . . . . . 1505 Construction of . . . . . . . . . . . . . . . . . . . . . . . . . 1506 Definitions . . ., . . . . . . . . . . . . . . . . . . . . . . . . 1507 Effective Date, approval by Legislature . . . . . . . . . . . . . 1500 Validity of . . . . . . . . . . . . . . . . . . . . . . . . . . . 1502 Violation of, penalty . . . . . . . . . . . . . . . . . . . . . . 1503 CITY ADMINISTRATIVE OFFICER Actions against City presented to . . . . . . . . . . . . . . . . 1213 Annual Budget, providing for . . . . . . . . . . . . . 1200 (et seq) Appointment of certain officers and department heads . . . . 800-900 Council shall appoint . . . . . . . . . . . . . . . . . . . . . 711(2) Councilmen, eligibility of . . . . . ... . . . . . . . . . . . . 802 Park and Recreation Commission, reports to . . . . . . . . . . . 1109 Person related to ineligible to serve as City Officer . . . . . 805 Powers .and .duties . . . . . . . . . . . . . . . . . . . . . . . . 804 Public works and supplies, duties . . . . . . . . . . . . . . . 724(3) Public works performed by City . . . . . . . . . : . . . . . . . 1210 Qualifications .of . . . . . . . .. . . . . . . . . . . . . . . 801 Salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 803 Salary and.wages, study to be made annually ... . . . . . . . . . 1405 Term of, and removal of . . . . . . . . . . . . . . . . . . . . . 800 SAN LUIS OBISPO CHARTER PAGE 26 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 . "Sale or lease of .. . . . . . . . . . . . . . . . . . . . . . . . 725 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 Date fixed by . . . . . . . . . . . . . . . . . . . . . . 1202 Adoption of . . . . . . . . . . . . . . . . . . . . 1204 Hearing .and notice . . . . . . .. . . . . . . . . . . . . . 1203 Audit Annual should be made . . . . . . . . . . . . . . . . . . . . 1206 -Board of Education Appointment of and term . . . . . . . . . . . . . . . . . • . . 900 Board of Equalization To meet as, time of . . . . . . . . . . . . . . . . . . . . . 722 Administer 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,of, term of office . . . . . . . . . . . . . . . . 900 Compensation of . . . . . . . . . . . . . . . . . . . . . . . . . 702 Councilmen Election of, dt large . . . . . . . .... . . . . . . . . . . . 501 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, resolution, or motion . . . . . ... . . . . . . . . . . . . 714 SAN LUIS.OBISPO CHARTER ._ PAGE 27 COUNCIL (Continued) Meetings Place of, public . . . . . . . . . . . . . 706-707 Quorum, majority to constitute .708 Rules of proceedings . . . . . . . . . . . . . . . . . . . 709 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 Ordinances.and resolutions, ayes and noes take on. passage of . . .. . . . 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 ppoperty . . . . . . . . . . . . . 725 Subpoena, power to compel attendance of witnesses ......704 Tax limit . 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-PU&LIC 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 . . . . . ... . 500=700 ELECTRICITY AND ELECTRIC -POWER EXEMPTED . . . . . . 1211 EMINENT DOMAIN,.right not impaired by franchise grant . ... .: 1304 FISCAL YEAR, defined . . . . . . . . ... . . . . . . . . . 1200 FORM OF GOVERNMENT 'OF CITY . . ... . . . . . . . . . . . 400 T SAN LUIS OBISPO CHARTER ..PAGE 28 FRANCHISES Duty of grantee . . . . . . . . . . . .1305 Granting . ... . . . . . . . .. . 1300-1301-1303 Term of 1302 Eminent.domain not impaired.by granting ... 1304 Exercising privilege without gr.ant,,prohibited 1306 GENERAL LAWS, certain applicable to City .. 1501 IMPROVEMENTS, proceedings instituted for,.continued 104 INITIATIVE ORDINANCE, enacting clause . . . . . . . . . . . . 715 LIBRARY TRUSTEES Consolidation of library services.. . . . . . . . . . ... . 1106.5 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 MAYOR Absence.'or disability, selection of mayor pro tempore 603 Compensation of - . . . . . . . .. ... .. .7.-604 Election of', at large .,.. .: .. 500-900 Powers and duties . . . . . . . . . . . . . . . . 0801 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 .1 1211 NEPOTISM 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 ::. .: .:.908-901 Continuance in office. .. 106 Combining offices • . .• 902 Compensation of, fixed by ordinance or resolution . . . . . . 904-1000 Duties of 901 Eligibility for office3.04 Employee may be for public office 1404 Enumeration of : 500-900 . Fees collected by, must. be .paid, int.Ci.ty Treasury• o 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 reassignment .of .. .. ... . . . . . . • • • • • • . . 1000 ORDINANCES Adoption of cer.tain.provisions by reference permitted . 720 Amending . . . . . . . . . . . . . . . . . . . . . . . . . . _716-719 Codification of . . . . . . . . . .. . . . . . . . . 720 SAN LUIS OBISPO CHARTER PAGE 29 ORDINANCES (Continued) Continued . . . . . . . . . . . . . . . . . . . . . . . 103 -Effective when . . . . .... . . . . . . . . . . . 718 -Emergency; adoption of . . . . . . . . . . . .. . . . . . . . 717 Emergency, effective ... . . . . 718 Enacting clause of . . ._ . . . . . . 715 Requirements of .. ... .-716-717 Repeal of.. . . . . . . . . . . . . . . . . . . . . . . . . . 721 Violation of, punishment . . . . . . . . . . . . . . . . . . 723-1503 ORDINANCES AND RESOLUTIONS Ayes and noes taken by Council . . . . . . . . . . . . . . 713-714 NAME OF CITY . . . . . . . . . . . . . . . . . . . . . . . . 100 PARK AND RECREATION COMMISSION Appointment of . . . • . . . . . . . . 711(2)-1107 Members, number and term of services . . . . . . . . . . 1107 Powers and duties . . . . . . . . . . . . . . . . . . . . 1108 Reports of ... .. 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) 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 Removal of . . . ... . . . . . . . . . . ... . . . . . . . 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 POWERS OF 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 of City 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 . . . . . . . . . 1 713-714 RETIREMENT SYSTEM, contract with State authorized . . . . . ... . . 1406 RIGHTS AND LIABILITIES OF CITY _. _ _ _-. _. . . . . . . ... . 102 - SALARIES AND WAGES, study to be'ma.de_annually_ . . . . . ... . . . 1405 STATE, Couneil may consolidate function of City with . . . . . . . . 903 SUBPOENAS, Council has power to compel attendance of witnesses . . . . . . . . . . . . . . . . . . . . . . . . 704 TAX SYSTEM, providing for . . . . . . . . . . . . . . . . 1201 SAN LUIS OBISPO CHARTER PAGE 30 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 Office of the Secretary of State March Fong Eu e • 111 Capitol Miall Sacramento, California 95814 Office of the City Clerk P. O. Box 321 San Luis Obispo, California 93406 RE: Charter Amendments Executive Office ( 916) 445-6371 Certification (916) 445-1430 Corporation Index ( 916) 445-2900 Corporation Records ( 916) 445-1768 Election Division ( 916) 445-0820 Legal Division ( Corp.) ( 916) 445-0620 Notary Public Division ( 916) 445-650-j State Archives ( 916) 445-4293 Uniform Commercial Code ( 916) 445-8061 April 19, 1976 This is the docwnent that has been sent to the Legislative Counsel for publication in the 1975 statutes. Please review immediately for accuracy and notify this office if there are any discrepancies. DEA: s encls. Very truly yours, Certif' tion Officer Charter Chapter 13 - City of San Luis Obispo AMENDMENTS TO THE CHARTER OF THE CITY OF SAN LUIS OBISPO (Filed with Secretary of State May 6, 1975) Section 723, is amended to read as follows: "SECTION 723. Violation of Ordinances. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance itis made an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State." Section f724, is..amended to read as follows: a "SECTION 724. Public Works and Supplies. (3) Public Work to be Done by Contract. In the erection, improvement 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 One Thousand Dollars ($1,000) but does not exceed the sum of Five Thousand Dollars ($5,000), three informal bids are re- quired; when over Five Thousand Dollars ($5,000), formal 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, however, the Council may be a three fifths (3/5) vote reject any and all bids, if deemed excessive or otherwise contrary to the best interests 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 Administrative Officer; provided the total cost submitted. by the City Administrative Officer shall not exceed the lowest acceptable 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 thanthat of the lowest bid, then any of the work herein mentioned may be done by 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 responsible bidder. Section 1207, is amended to read as follows: SECTION 1207. Public Work to be Done by Contract. Every project involving an expenditure of public monies of more than Five Thousand Dollars ($5,000) exclusive of engineering costs, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds and streets (exclusive of projects for resur- facing, 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." Certified by Kenneth E. Schwartz, Mayor , J. H. Fitzpatrick, City Clerk Date of municipal election: March 4, 1975 l . 48. 'ods►eo sim NVs 312►37J Alli 9L61 TO ddd Ca OFFICE OF THE SECRETARY OF STATE I, EDMUND G. BROWN JR., Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the REcoRD on file in this office, of which it purports to be a copy, and that same is full, true and correct. SEC/STATE FORM CE -7 (REV. ).71) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 26th Day of July 1972 by 9441 "Pj- nQ I Secretary of State Depu '1jF o.f ,tate 46421_662 11.70 BOM Qi d 09P • CAPITOL ADDRESS STATE CAPITOL SACRAMENTO 95814 ; 445-5843 DISTRICT OFFICES �( _ 1 &16nfl'a �i#e P. O. Box 1188 WATSONVILLE 95078 '•' `i_1J11 ''�� i 1155 MARSH STRHET y�,�T�g � g r�1RT �T(��7 JL O AID J Stir, 1 \ S i : l- - - SAN Luis OELSPo 93401 V �', -: `J SENATOR+ili;i e _ -1� :: SANTA CRUZ, SANIBEN]TO-MONTEREY AND SAN -LUIS OBI.SPOCOUNTIES-.... '�•ii�i`I=.I -�;-� _� — July 27, 1972 Mr. J. H. Fitzpatrick City Clerk City of San Luis Obispo City Hall San Luis Obispo, California 95401 Dear Mr. Fitzpatrick: COMMITTEES EDUCATION FINANCE JUMCURx GOVERNMENTAL ORGANIZATION JOZCT LEGISLATIVE COMMITTEE FOA REVISION OF PENAL CODE, Chairman JOINT LEGISLATIVE COMMITTEE ON EDUCATIONAL GOALS AND EVALUATION JOINT LEGISLATIVE COMMITTEE ON LEGISLATIVE ETIDCS JUDICIAL COUNCIL I am pleased to enclose three endorsed, filed copies of.SCR 76 ratifying charter amendments to the Charter of the City of San Luis Obispo. Enclosures DLG: mj c DEPARTMENT OF STATE To all whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, Secretary of State, have hereunto caused the Great Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State of California, this -----------------MAY 1 -1967 lox -e� Secretary of State By--- - -- --- ----------------------- Assistant Secretary of State �I DEPARTMENT OF STATE To all whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the REcoRD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, of State, have hereunto caused the Great Seal of the State of . California to be affixed and my name subscribed, at the City of Sacramento, in the State 1 of California, this_12th _ dam _ of _ Januarys__196Z_______. �,L�000IG Secretary of State B --- ------------------------------------- Assistant Secretary of State A ,vim{ t �D DEPARTMENT OF STATE To all to whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. �L� 8612 12-34 20M SPO In testimony whereof, 1, FRANK M. JORDAN, $^ Secretary o f State, have hereunto caused the Great 4 Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State ` Q of California, o. • this----�8 '- a� Q - --may------ 195. --- 3. IF ,vim{ t �D DEPARTMENT OF STATE To all to whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. �L� 8612 12-34 20M SPO In testimony whereof, 1, FRANK M. JORDAN, $^ Secretary o f State, have hereunto caused the Great 4 Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State ` Q of California, o. • this----�8 '- a� Q - --may------ 195. --- �.GLGGGlG Secretary of State 3. �.GLGGGlG Secretary of State M I DEPARTMENT OF STATE To all to whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it "purports to be..a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, Secretary of State, have hereunto caused the Great Seal of the State of California to be V �'�7 • ` affixed and my name subscribed, at E. the City of Sacramento, in the State O �„ O 8612 12-54 20M SPO of California, this ---18 -t--�I nI---m----- 7.5----- r UIE Secretary of State i i j, DEPARTMENT OF STATE To all to whom these presents shall come, Greetings: 1, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, Secretary of State, have hereunto caused the Great Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State of California, this------g=--al Secretary of State 8672 12-34 20M SPO GO RALPH NI KLEPS TERRY L. BAUM LEGISLATIVE COUNSEL t�� HARRIETT R. BUHLER CHARLES W. JOHNSON BARBARA C. CALAIS CHIEF DEPUTY VIRGINIA STEPHENS COKER LAWRENCE G. ALLYN BERNARD CZESLA J. D. STRAUSS. STATE OF CALIFORNIA ROBLEY E. GEORGE PRINCIPAL DEPUTIES DONALD L. GILMOUR OWEN K. KUNS I\/'IN yy� 'J�,,ll,f,' ��.Jy, (\/�/,�I'� .y/y� J. COULD DEPUTY IN CHARGE ��f/ �T.r•`i d 'Xi .,Qisisl tint 90un yF t LOS ANGELES OFFICE ` JOSEPH L. KNOWLES 8021 STATE CAPITOL, SACRAMENTO 14 ANGUS C. MORRISON 811 STATE BUILDING. LOS ANGELES 12 GEORGE H. MURPHY JOSEPH W. PAULUCCI EDWARD K. PURCELL RAY H. WHITAKER Sacramento, California DEPUTIES April 18, 1955 Honorable Fred H. Lucksinger Mayor, City of San Luis Obispo, California San Luis Obispo City Charter - #9798 Dear Nr. Lucksinger: I At the request of Senator Erhart we are en- closing the certificate for the proposed new charter for the City of San Luis Obispo. .The new charter, as set forth in the certificate, contains an erroneous reference to the "Proposed Charter." The reference should be to the "Charter." If you will correct this reference by deleting "proposed" and return the certificate to us, we will prepare the resolution of approval of the charter for Senator Erhart. ti BCC: sl Copy to Senator Erhart Very truly yours, Ralph N. Kleps Legislative Counsel By.^ "" 7 Barbara Cochrane Calais Deputy Y 2 8 4 6 6 7 10 11 12 13 14 16 16 17 1s 19 20 21 22 23 24 26 26 27 28 29 30 31 32 j V CERTIFICATE OF PROCEEDINGS HAD AND TA M BY Th i CITY OF SAN LUIS OBISPO illi FRAMMIG A CHARTER FOR ITS OWN GOVERNEE1U. STATE OF CALIFORNIA ) ) COUNTY OF SAN LUIS OBISPO ) ss. ) CITY OF SAN LUIS OBISPO ) ',die, the undersigned, FRED H. LUCKSINGER, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of California; and JEAN H. FITZPATRICK, City Clerk of said City and Ex-offieio Clerk of the City Council of said City, do hereby certify and de - Clare as follows: That the undersigned, said JEAN H. FITZPATRICK, was at all the times herein mentioned, the Clerk of the Legislative Body of said City and City Clerk of. said City of -San Luis Obispo; that heretofore and prior to the 19th day of February, 19559 the said City Council of the. City of San Luis Obispo did cause to be framed a proposed charter for its own government, and on the 19th day of February, 1955, at a duly held meeting of said City Council of (said City., said City Council by Resolution No. 1415 (New Series) ordered said City Clerk to place the proposition of the adoption of said proposed charter on the ballot at the general municipal election ordered in the City of San Luis Obispo for the 4th day of -April, 1955, for the purpose of submitting said proposition to the electors of said City of San Luis Obispo, and which resolu- tion ordered that said charter be filed with the City Clerk of the City of San Luis Obispo; that said.proposed charter of the City of San Luis Obispo was filed in the office of the City Clerk in the City Hall at San Luis Obispo, on the 19th day of February, 1955, and said resolution further ordered that the adoption of the charter should.be submitted to the electors at said general municipal election held on the 4th day of April, 1955, and directed that said City Clerk publish said proposed chaster r ' '1` t. t v. ... 1.� .r.. .,. �I..._. � ._. • / �. ..L , . .. _. - .. _ .. 'i �. __ a/..�. 1:' , ltj • 1. .... ..♦ � 1• �. .. • •. '(�� .a•V ... _-. ... ..._ r '-' ems.. .._.. .' r -'Yi _..-.. ... , •4.• �. ,J �_: � .. %`� . .r ,v a. .. _• •.[J,. i1 �J'. •.�/L'- 't J 1.1, t..4 �.. f -._ .�. •5.4 .' r. ..'y' ..i b-rte•. ._moi •. � i� 1 v J a 2 S 4 8 6 7 8 9 10 11 18 18 14 15 16 17 18 18 20 21 22 23 24 26 26 27 28 29 30 31 32 in the Telegram -Tribune,, a newspaper of general circulation, printed and published in the City of San Luis Obispo; that said notice was given by the said City Cleric in the :notice hereafter referred to informing the electors that copies of.the Charter could be secured at the City Ball; That said proposed charter was published pursuant to said order in said newspaper and -in each edition thereof during the publication on the -21st day of -February, 1955, said newspaper bean of general circulation in said City of San Luis Obispo; that the date of such publication was within fifteen days after the said charter was filed in the office of said Clerk of said City Council that the date set for the submission to the electors of said proposed charter, to wit:- April 4. 1955, was not less than forty days nor more than sixty days after the completion of the adver- tising in said official paper, as aforesaid; That until. the .day fixed for the election there was adver- tised in.the Telegram -Tribune, a newspaper of general circulation printed and published in the City of San Luis Obispo, a notice that copies of:said charter were available in the office of the City Clerk of the City of San Luis Obispo and could be secured upon application therefor at said office; that such copies ivere so lavailable. That the population of said City of San 'Luis Obispo is more than three thousand five hundred (3,500) and less than fifty thousand (50,000) inhabitants as ascertained by the last preceding census taken under the authority of the Congress of the united States; That said election was dulyand regularly called and held on the 4th day of April, 1955; That at said election a majority of the qualified voters voting hereon voted in favor of said proposed charter. That the said City Council of the. City of San Luis Obispo 1 2 3- 41 51 6 7� 8 91 13 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I at a meeting held.. on Aprill2, 1955s at the time and in the manner provided by lavr and in accordance with the lair in such cases made j I and provided', duly canvassed the returns of said election, and duly Ifound, determined and declared that a majority of said electors voting thereon had voted in favor of said proposed charter, and that the sane was adopted and ratified by .more than the majority of the qualified voters of the City of San Luis Obispo voting thereon, as follols, to--; I S 4 6 6 7 8 10 11 12 18 14 16 16 17 18 19 20 21 22 23 84 25 26 27 28 29 30 81 32 We do further certify and. declare that the foregoing constitutes a true and correct statement of the actions and proceedings had by,the City of San Luis Obispo and the City Council of said City, in'the matter of the framing proposal and submission of said proposed Charter- for the government of the City of San Luis Obispo, and in the calling, voting upon, and canvassing.the returns and declaring the results of said election.. IN WITNESS WHEREOF, we have hereunto set our hands and hereto affixed the seal of said City of San Luis Obispo, Californ:k this 12th day of April, 1955• Ma y Or Of the City California City Clerk of t��e C Obispo, California -30- uis Obispo, y or san Luis �� Senate Concurrent Resolution leo. 63 Adopted in Senate May 13, 1955 Assembly Vote Senate Vote Ayes -------- Ayes _--- Noes-------- Noes ---- -------------- Secretary -__ ---------------Secretary of the Senate Adopted in Assembly May 16, 1955 Arthur A.Ohnimus Chief Clerk of the Assembly This resolution was received by the Secretary of State this -11th—day of -----144Y-__--,1955, at --- 3 --- o'clock P. -M. ----------Chas. J.Hager t 1 -------- Assistant Secretary of State E -3— CHAPTER] 6 !_ Senate Concurrent Resolution No. 63—Approving the charter of the City of San Luis Obispo, State of California, ratified by the qualified electors of said city at a general municipal election held therein on the fourth day of April, 1955. WHEREAS, The City of San Luis Obispo, in the County of San Luis Obispo, State of California, contains a population in excess of 3,500 inhabitants; and WHEREAS, Proceedings have been had for the proposal, adop- tion and ratification of a new charter of the City of San Luis Obispo, as set out in the certificate of the mayor and the city clerk of said City of San Luis Obispo, to wit: CERTIFICATE OF PROCEEDINGS HAP AND TAKEN BY THE CITY OF SAN LUIS OBISPO IN FRAMING A CHARTER FOR ITS OWN GOVERNMENT. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO SS. CITY OF SAN LUIS OBISPO We, the undersigned, Fred H. Lneksinger, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of California, and Jean H. Fitzpatrick, City Clerk of said City and Ex -officio Clerk of the City Council of said City, do hereby certify and declare as follows: That the undersigned, said Jean H. Fitzpatrick, was at all the times herein mentioned, the Clerk of the Legislative Body of said City and City Clerk of said City of San Luis Obispo; that heretofore and prior to the 19th day of February, 1955, the said City Council of the City of San Luis Obispo did cause to be framed a proposed charter for its own government, and on the 19th day of February, 1955, at a duly held meeting of said City Council of said City, said City Council by Resolution No. 1415 (New Series) ordered said City Clerk to place the proposition of the adoption of said proposed charter on the ballot at the general municipal election ordered in the City of San Luis Obispo for the 4th day of April, 1955, for the purpose of submitting said proposition to the electors of said City of San Luis Obispo, and which resolution ordered that said charter be filed with the City Clerk of the City of San Luis Obispo; that said proposed charter of the City of San Luis Obispo was filed in the office of the City Clerk in the City Hall at San Luis Obispo, on the 19th day of February, 1955, and said resolution further ordered that the adoption of the LA —4— charter should be submitted to the electors at said general "It"' icipal election held on the 4th day of April, 1955, and directed that said City Clerk publish said proposed charter in the '1'elc, rain -'Tribune, a newspaper of general circulation, printed and published ill the City of San Luis Obispo; that said notice was niveu by the said City Clerk in the notice here- after referred to ithe electors that copies of the Charter Could be secured at the City Hall; 'That said proposed charter was published pursuant to said order in said neWspaper and in each edition thereof during the publication ou the 21st day of February, 1955, said newspaper beiu�� of "'c Iteral circulation in said City of San Luis Obispo; that the date of sneh publication Was within fifteen days after the said charter was filed in the office of said Clerk of said City Council; that the date set for the submission to the elec- tors o1' said proposed charter, to wit: April 4, 1955, was not les., than forty days nor more than sixty days after the com- pletion of the advertisiil, in said official paper, as aforesaid; That until tlle day fi�;ed for the election there was adver- t i,ed iu the Telo-rain-Tribulie, a newspaper of general circula- tion printed aurl published in the City of San Luis Obispo, a notice that copies of said charter were available in the office Of the City C1crk of the City of San Luis Obispo and could be secured upon. application therefor at said office; that such cop- ies Were so available. That the population of said City of San Luis Obispo is more than three thousand five hundred (3,.500) and less than fifty tliolls;,Md (5)0,000) inhabitants as ascertained by the last pre- cedinm census taken under the authority of the Congress of the United States; That said election was duly and regularly called and held on the 4th day of April, 1955; That at said election a majority of the qualified voters voting hereon voted in favor of said proposed charter. That the said City Council of the City of San Luis Obispo at a meeting held ori April 12, 1955, at the time and in the manner provided by law and in accordance with the law in such cases made and provided, duly canvassed the returns of said election, and duly found, determined and declared that a majority of said electors voting thereon had voted in favor of said proposed charter, and that the same was adopted and rati- fied by more than the majority of the qualified voters of the City of San Luis Obispo voting thereon, as follows, to -wit: Votes in favor of the adoption and ratification of said proposed charter _______________________________ 1442 Votes against the adoption and ratification of said proposed charter ________________________________ 1178 0 -- 5 — That said election was held in accordance with the existing Charter of the City of San Luis Obispo and in accordance with the laws of the State of California where applicable; That in all matters and in all things pertaining to said Char- ter, all of the provisions of Section 8; Article NI of the Con- stitution of the State of California and the laws of said State, have been fully complied with in each and every particular. That said proposed charter, if approved by the Legislature, shall replace the present charter of said city; That said charter so proposed, filed, adopted and ratified as herein set forth, is in the words and figures following, to wit: CiITY CHARTER OF TI3E CiITY OF SAN LUIS ODISPO We, the people of the City of San Luis Obispo, State of Cali- fornia, do ordain and establish this Charter, as the organic law of said City, under the Constitution of the State of California. Article I. Incorporation and Succession Section 100. Name of the City. The Municipal Corpora- tion now existing and known as "The City of San Luis Obispo" shall remain and continue a body politic and corpo- rate, 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 munici- pality, and is hereby declared to be the successor of the same. It shall be subject to all liabilities that now exist against this municipality. Section 103. Ordinances. All lawful ordinances, resolu- tions, rules and regulations or portions thereof, in force at the time this Charter takes effect and not in conflict with or "incon- sistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 104. Continuance of Contracts and Public Im- provements. All contracts entered into by the City, or for its benefit, prior to the effective date of this Charter, shall con- tinue 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 discretion of the City Council, may be carried to completion as nearly as practicable O 6— 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 contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any offi- cer, office, department or agency a party thereto, may be as- signed or transferred by or under this Charter to another officer, office, department or agency, but in that event, the same may be prosecuted or defended by the head of the office, de- partment 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 Em- ployees. The members of the City Council and Board of Edu- cation 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 ap- pointed 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. 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 regula- tions in respect to municipal affairs, subject only to such re- strictions and limitations 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 privi- leges heretofore or hereafter established, granted or pre- scribed by any law of the State, by this Charter, or by other lawfiil authority, or which a municipal corporation might or could exercise under the Constitution of the State of Califor- nia. 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 procedure established by any law of the State, unless a different procedure is established by ordi- nance. -7— Article III. Elections. Section 300. General Municipal Elections. General mu- nicipal elections to fill elective offices shall be held in said City on the second Tuesday in April in each odd numbered year beginning with the year 1957. Section 301. Special Municipal Elections. All other mu- nicipal 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 elec- tions 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 pro- visions 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 elections 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 Conn- - cilman 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 Gov- ernment. The municipal government provided by this Char- ter shall be known as the "Council -Administrative Officer" form of government. Article V. The Elective Officers. Section 500. Enumeration. The elective officers of the City of San Luis Obispo shall be a Mayor and four Council- men, and five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all ques- tions coming before the Council. 4� —8— Section 501. Elected at Large. The Mayor and Council- men shall be elected at the general municipal 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 viola- tion of his official duties, or ceases to be a resident of the City, or neglects to qualify within the time prescribed by the provi- sions 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 like 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 election and until his suc- cessor is qualified and elected. Section 601. Powers and Duties. The Mayor shall be President of the City Council and shall preside at all its meet- ings 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 public danger or emergency, he may, with the consent of the Council, take com- mand of the police, maintain 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 law or ordinance or by resolution 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 Alayor, the Vice President. of the Council shall act as Mayor Pro Tempore. In case of the tem- porary 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. Section 604. Compensation. The Mayor shall receive Sig Hundred Dollars ($600.00) a year compensation for his 1' d -9— services as such, payable monthly, except to the extent here- tofore or hereafter approved by the electorate, but the Mayor shall receive reimbursement on order of the Council for Coun- cil authorized traveling and other expenses when on official duty. 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 thereafter two members shall be elected alternately at each succeeding biennial election. The terms of each elected member shall commence on the first day of May 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. The Councilmen shall receive Five Hundred Dollars ($500.00) a year, payable monthly, compensation for their services as such, except to the extent heretofore or hereafter approved by the electorate, but the members of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other ex- penses when on official duty. 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 expiration of the term for which he was elected. Section 704. Administering Oaths. Subpoenas. Each mem- ber of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Sub- poenas 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. — 10 — 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 des- ignated the Council of the City of San Luis Obispo. Said Council shall be the governing body of the City and, subject to the express limitations of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a com- plete system of local government consistent with the constitu- tion of the State. Section 706. Meetings of Council. The Council shall, by ordinance or resolution, provide for the time and place of hold- ing its meetings and the manner in which its special meetings may be called. Section 707. Meetings to be Public. All legislative ses- sions 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 transaction of business, but a less number may adjourn from time to time and postpone the con- sideration of pending business. Section 709. Rules of Proceeding. The Council shall de- termine its own rules of procedure, may punish 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 restrictions in this Charter contained, and the delegation by this Charter of any powers to any person, officer, board or commission which delegation of power, 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 inhabit- ants and which are not specifically forbidden by the Constitu- tion of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular Powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. Section 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 Treas- urer, a City Attorney, a City Clerk -Assessor, a Library Board, a Planning Commission., and a Park and Recreation Commis- sion. ,�.. A.:. 0 —11— (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 under- ground of all telephone, telegraph, electric light or other wires within the city, or within any designated portion thereof, and to regulate 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 ordinance, reso- lution, or oral motion duly made and passed. Section 713. Ayes and Noes. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. Section 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 Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo. " Section 716. Requirements of Ordinances. With the sole exception of ordinances which take effect upon adoption re- ferred to in this article, no ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. Section 717. Emergency Ordinances. Any ordinance de- clared by the Council to be necessary as an emergency measure -12— for preserving the public peace, health or safety, and contain- ing 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 its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinbefore provided, ordinances ordering or otherwise relating to elections, ordi- nances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. Section 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 sec- tion shall be void. Section 720. Codification of Ordinances. Any or all ordi- nances 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 Cali- fornia as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of build- ings, plumbing and wiring, fire prevention and similar matters, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided by state law. Section 721. Repeal. No ordinance nor section thereof shall be repealed except by an ordinance adopted in the man- ner 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 Mon- day 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 s —13— redressed in the manner provided by the general law of the State. Section 724. Public Work 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 resolu- tion authorizing or ordering the work permission is given for such payment. But no progressive payments inay 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 (9017o) of the contract price before the completion and accept- ance of the work. (3) Public Work to be Done by Contract. In the erection, improvement 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 fur- nishing 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 I3undred Dollars ($500.00) but does not exceed the sum of Two Thous- and Dollars ($2,000.00), three informal bids are required; when over Two Thousand Dollars ($2,000.00), formal 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, however, the Council may by a three fifths ( ) vote reject any and all bids, if deemed excessive or otherwise contrary to the best interests 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 Administrative Officer, pro- vided the total cost submitted by the City Administrative Offi- cer shall not exceed the lowest acceptable 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 esti- mate 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 Department of Public Works, and the said 14 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 ccs.tracts to do such work as the lowest responsible 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 subcon- tractors, or by any other person or persons, such la- borers, 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 pref- erence, other qualifications being equal. (b) When making purchases for any department of the City, local merchants shall be given the preference, qual- ity, price and service being commensurate. Section 725. Sale or Lease of City Property. The follow- ing regulations shall be applicable to City -owned property: No sale or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100-00) nor any lease 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 (4) of all the members of the Council. Section 726. Official Bonds. The Council shall, by ordi- nance or resolution, determine what officers and other persons in the service of the City shall give bond either of an indi- vidual type or be included in a master bond, for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond or bonds, and each of such officers and other persons shall before entering upon the duties of his office or employment, execute a bond to the City in the penal sum provided by such ordinance or resolution, including in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined and approved by the Council. All bonds when ap- proved shall be filed with the City Clerk, except the City Clerk's bond, if any, which shall be filed with the City Admin- istrative 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 provided. In all cases where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. -15— Article VIII. City Administrative Officer Section 800. Tenure of the City Administrative Officer. The City Administrative Officer shall hold office for and dur- ing 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 no- tice of said intention shall be published at least once in a news- paper 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 crim- inal 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 of retention or re- moval of the City Administrative Officer is considered, the City Administrative Officer shall have the right to present such evidence in his own behalf as he may desire, but the City Coun- cil shall use its uncontrolled 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 municipal 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 observe 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 -16— ninety day period aforementioned, the provisions of the pre- ceding section as to the removal of said City Administrative Officer shall apply and be effective. Section 801. Qualifications. The City Administrative Offi- cer shall be chosen on the basis of his executive and adminis- trative 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 appointment, but during his tenure of office, he shall reside within . the City. The City Administrative Officer shall be ap- pointed 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. Section 803. Salary. The City Administrative Officer shall be paid a salary commensurate with his duties and re- sponsibilities. 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, determination or omission of the Administrative Officer shall be subject to re- view by the Council, but the Council may not overrule, change or modify any such action, determination or omission except by an affirmative vote of at least three members of said Coun- cil. The Administrative Officer shall be responsible for the effi- cient administration of all the affairs of the City which are under his control. In addition to his general powers as ad- ministrative head, and not as a limitation thereon, it shall be his duty, and he shall have the powers set forth in the follow- ing sub -sections: (1) Appoint and, when necessary for the good of the service, discipline 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, park 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 including the annual report of all the departments of the City. -17— (3) Make such recommendations to the Council or Board of Equalization regarding the annual assessment roll as he may deem advisable. (4) Act as purchasing agent for all departments of the City; provided, 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 supplies, materials, and equipment required by any office, department or agency of the City government and recommend them to the Council 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. (3) Interchange employees between or among departments if he deems it proper so to do. (9) Immediately upon taking office, and annually there- after, inventory and appraise the value of all real estate, build- ings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of such inventory 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. (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, con- tracts, 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 Commission, Library Board, and any other commissions or boards heretofore 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. 2—sCR 63 o —18— (15) Perform such other duties as may be prescribed by this Charter 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 partici- pate in the deliberations 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 Administra- tive Officer Pro Tempore during any absence or disability of the City Administrative Officer. Section 805. Ineligible Persons. No person related to the City Administrative Officer by consanguinity or affinity within the third degree shall hold any appointive office or employ- ment with the City. Article Ig. Officers and Employees. Section 900. Officers and Employees. General. The offi- cers 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 Attor- ney, and such other or subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide for. The City Clerk -Assessor, City Attorney and City Treas- urer 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 re- moved as provided by Section 800 of this Charter. All other officers and department heads of the City shall be appointed by and may be removed by the City Administrative Officer, except as in this Charter otherwise provided. Section 901. Duties of Officers and Employees. After ob- taining and considering the recommendations of the City Ad- ministrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officers and employees of the City. Section 902. Combining of Offices. Where the positions are not incompatible, the Council may combine in one person the powers and duties of two or more offices created or pro- vided for in the Charter. Section 903. Consolidation of Functions. The Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County govern- ment, or may make use of such functions of the State or County government, and in case of any such transfer or con- solidation, the provisions of this Charter providing for the function of the City government so transferred or consoli- dated, shall be deemed suspended during the continuance of r — 19 — such transfer or consolidation, to the extent that such suspen- sion is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consoli- dation. 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 com- pensation 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, be- fore entering upon the duties of his office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. Section 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 Council, 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 hereto- fore or hereafter enacted, no appointment to any position under the City goverinnent shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, pro- motion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or service. Article X. 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 organ- ization, functions, conduct and operation of the several offices and departments of the City, and may provide for the creation of additional departments, divisions, offices and agencies, and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and re- assignment of divisions, offices and agencies to departments, Cd i❑ —20— auil I'or the nu111her, title, qualifications, powers, duties and l'onlln u,,ltil ll of :111 officers and employees. .lrtich, 1.1. Boards and Commissions. 1100. 11,oard o1' 17dneation. The control of the piil,lii• hooh of the fan Lliis Obispo School District and of tiw Ji:iiior lijli;li Sl-liool, Senior Ili h School, and Junior Col- 1, I. -i ttat.•d within the houmiaries of the San Luis Obispo I I i-1_ M.t rict shall he vested in a Board of Education, t�;hip i1 1 co1r i;t oi' fi,,,e members nominated and elected `':un I,nN (Ilig-h School District at large. ti� tii,u 1 iUI. Eli,,if)iliiy. A person eligible to be a mem- iwi- Ili, t1w I,l)ard of l:ducalion must have been a resident of thr �.1ri ; ( )hi;po i I i -di school District for at least three �1in�, tlio date of 11is election or appointment and ;111 irrt�il' 1'.� 1'1'01 at tht' tlliie of Smch election or appointment. tioit 1Ill �'. pow( and Lilies. The powers and duties tlli• I'll u'd be such as are prescribed by till. ,i 11 W loll auil of the State of California. �„ 11f,:;. Iili,ction and Terms. The members of the ,111or1 shrill serve for terms of four years from tli� 1 1 11,1 .11 tv'-(,ke Wclocl. noon following the elec- ii,;,, I�r Will 1!1 it snccr�sors aiT elected and qualified. The ,,, ill oi'iicc at the time this charter is ap- i,;•,,�,•,i i,. lxi _.islat lre shall continue in office until to N hich the members thereof were in�li�.ilurlllt i�lrcti it ; .u1d 111creafter, at each biennial election, n1rnjL•el's of the Board to fill the terms in that year. All vacancies in the Ii,�;lyd 1,1 I?�li:� atio;l shi111 big filled by a vote of the remaining .1., of tlw 1;�r<ir11 for the unexpired term thereof. ��'•tiii;i 11(11. {'��11�lxnsatioll. Each member of the Board f E;;11, ;,ti��li hail rci;cive five dollars (-j15.00) for each regular ill" of I;w Bo;lyd of E(hication which he shall attend; pro- �i�l�l 111.,E 1p� shall not receive more than twenty dollars 111 <'1li.v W10 Illollth. 1 ion 1 1!1.1. I.il>rar}' Trustees. The control and adminis- tr,lti,n �� th�� fan l.ui:� Obispo Public Library shall be vested in tL� l:,,nrii of I,il,rary 'Trustees which shall consist t terms. five1,;�:::i1•r; .i.�l��lin:�1 h` the City Gom7cil for four Year 1 1,. „},�,,; of t }1,; };1l;iril shall serve without compensation. 1'h �1,.t i' l to +,^ al)1?ointed under this Charters hailbe el. nlclnbeis for a four year term and two nn�lni,i�r; jor a ,Lr term. All terms shall commence July �11, l•,.,ltt(,, the Council shall appoint either two or thrE r' mr�l;lhi.l s c ��h t;co years respectively. Any vacancy in the red term. lsoard shall be filled by the Council for the unexpi (0 —21— Section 1106. Powers and Duties. The powers and duties of the Library Board shall be such as are prescribed by ordi- nance of the City of San Luis Obispo and within the provi- sions thereof, it may make and enforce rules and regulations as may be necessary for the operation of the Library. Section 1107. Parl: and Recreation Connnniusion. 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 sem. They shall serve without compensation. The members City Council for four year terms. shall be appointed by the 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 Council shall appoint either four or three members each two year respectively. Any vacancy in the Board shall be fllled by the Couneil 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 recreation activities of the City. Section 1109. Reports. The Park and Recreation Com- mission shall make full and complete monthly and annual re- ports to the City Administrative Officer and the City Council and such other reports as may be requested b these officials. Section 1110. Planning Commission. There shall be a City Planning Commission of seven members who shall serve without compensation for a four year term. The first commis- sion 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 Jul.v 1, 1955. Thereafter the Council shall appoint either four or three mem- bers each two years respectively. Any vacancy in the Commis- sion shall be filled by the Council for the unexpired term. The A 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 Commis- sion shall have such powers and duties as it may be entitled to eTthe provisions any ordinances sopert perf the taining g othereto t Californiaate of adopted and/ory the Council. presiding officer of Section 1112. Presiding Officer. Thep nnm any board or commission provided for in this article shall be chosen by the members of said board or commission. -24— as may be specified by the Council, at least annually, shall ex- amine 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 dis- tributed to each member, one to the City Clerk, one to the City Treasurer, one to the City Administrative Officer and City At- torney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be avail- able for inspection by the general public. Section 1207. Public Work to be Bone by Contract. Every project involving an expenditure of public monies of more than Two Thousand Dollars ($2,000.00) exclusive of engineer- ing costs, for the construction or improvement of public build- ings, 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 respon- sible 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 re- ferred to therein, 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 successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. Section 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 approved 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 0 —25— effect by at least four affirmative votes of the Council may pro- ceed to have said work done in this manner stated, without further observance of the provisions of this article. Such con- tracts likewise may be let without advertising for bids, if such work shall be of urgent necessity 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 acquisition 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 manner pre- scribed 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 other- wise 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 occurrence and the extent of the in- juries or damages received, all other claims or demands shall be presented within ninety days after the last item on the ac- count or claim accrued, provided, however, that the Council may by four-fifths majority vote waive this provision 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 payment on account of said items shall be set out by an ordi- nance adopted by the Council. Article XIII. Franchises Section 1300. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, D -26— firm or corporation, whether operating under an existing fran- chise or not, to furnish the City and its inhabitants with trans- portation, 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 con- venient for the furnishing thereof, or necessary or con- venient. for traversing any portion of the City for the trans- mitting or conveying of any service elsewhere. The City Coun- cil 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 resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Leis 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 in- determinate 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 Utili- ties Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, there- unto 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 territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be — 27 — forfeited for non-compliance with its 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 NI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed,, such ac- ceptance shall constitute a continuing agreement of such gran- tee that if and when the City shall thereafter annex, or con- solidate with, additional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. 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 do- main, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance dam- age, 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 — 28 perform and be bound by each and all of the terms and condi- tions imposed in the grant or by procedural ordinance, and shall further agree to: (a) Comply with all lawful ordinances, rules and regula- tions 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 facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, a per- centage, to be specified in the grant, of the gross annual re- ceipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section 1306. Exercising Rights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such fran- chise, shall be a misdemeanor, and each day that such condition continues to exist shall constitute a separate violation. Article XIV. 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 reg- ulations governing all city employees. Section 1401. Personnel Board or Personnel Hearing Board. The Council may, in its discretion, establish a Per- sonnel Board consisting of five members, with such terms as the Council may prescribe, or the Council may establish a Per- sonnel 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 disci- plinary 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 It a —29— 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 Bearing Board, its members would be appointed by the Coun- cil, and such Board would act only as an appeal board on dis- missals 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 Coun- cil shall have the power to enter into a contract with the State Personnel Board, or any other governmental or private per- sonnel agency, to furnish personnel services for the proper se- lection and management of employees of the City. 9'11c Council shall also have power to enter into contracts for limited periods of time with expert, technical, or seicntife services in the in- stallation or management of a personnel sy stern. Section 1403. Political Activities Prohibited. Ao einployee shall take an active part in any municipal political callllMi'.;n in so far as such campaign pertains to the nornillation or elec- tion of any candidate for municipal office in the City of , I Luis Obispo, nor shall such person seenre, contrihnt0, or solicit the contribution of money towards the nomination or election of any candidate for municipal office ill the City, nor "ball such person seek signatures to any petition seekiu!� to adv.Luce the candidacy of any person for any municipal ofiire in the City. Any person violating this section shall immediately- for- feit his office or employment. Section 1404. May Become a Candidate. Noihii,!_, in Sec- tion 1403 shall be construed to prevent any full-time (�mploycc from seeking election or appointment to public office. Upon be- coming a candidate for public office, any such per.,on shall request and be granted a leave of absence, without pay, to re- main in effect during the period of time such per:<on is a can- didate. Section 1405. Salary and Wage Survey. The City Admin- istrative Officer may once each year, if the Council approves, make or have made, a study of salaries and v, -ages being, paid in other comparable public and private agencie,, in order to ascertain whether the'salaries and wages being paid 1110 City officers and employees for similar work are comparable, and make recommendations to the City Council thereon. Section 1406. Retirement, State System. Tile City C'onn- cil is empowered to enter into a contract with the Board of Administration of the California State Employees' lilctircmcnt. System, as it now exists or may hereafter be amended, m<tiking the appointed officials and employees of the City of San Leis —30— Obispo, including the employees of the Public Library, mem- bers of the said system. It is provided, however, that the Coun- cil may terminate this contract with the Board of Administra- tion of the State Employees' Retirement 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 XV. Miscellaneous Provisions. Section 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 corporations, now or here- after 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, sub- section, 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, sentence, clause or phrase thereof irrespec- tive 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 prose- cuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter, 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 im- prisonment. 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 util- ity by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving or bettering 2 — 31 — 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. 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, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. Section 1507. Definitions. When used in this Charter the masculine gender includes the feminine and neuter. The pres- ent tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is per- missive. "Oath" includes affirmation. We do further certify and declare that the foregoing consti- tutes a true and correct statement of the actions and proceed- ings had by the City of San Luis Obispo and the City Council of said City, in the matter of the framing, proposal and sub- mission of said proposed Charter for the government of the City of San Luis Obispo, and in the calling, voting upon, and canvassing the returns and declaring the results of said elec- tion. IN WITNESS WHEREOF, we have hereunto set our hands and hereto affixed the seal of said City of San Luis Obispo, Cali- fornia, this 12th day of April, 1955. FRED H. LUCKSINGER (SEAT,) Mayor of the City of San Luis Obispo, California JEAN H. i ITZPATRICK City Clerk of the City of San Luis Obispo, California Resolved by the Senate of the State of California, the As- sembly thereof concurring, a majority of all the members elected to each house voting therefor, and concurring therein, That said proposed charter of the City of San Luis Obispo ratified by the electors of said city as aforesaid, as presented to, adopted and ratified by the qualified electors of said City of San Luis Obispo, be and the same is hereby approved as a whole, without amendment or alteration, as the charter of the City of San Luis Obispo. F.Nt)0RSED -32— eo of L.50 } el State In the t of C01,419-Aw af'MAStOJY® 181955 At of State By C4HASN1. HAGE. 7Y Assistant Secretary of Stats Attest: • Recretary of State i 0 d- � powers --------- President of the Senate f A. '• A A �. 14, _ ------------- Speaker of the Assembly Attest: • Recretary of State i 0 E E Senate Concurrent Resolution No. 5 Adopted in Senate January 5, 1967 Secretary of the Senate Adopted in Assembly January 10, 1967 1 . Chief Clerk of the Assembly This resolution was received by the Secretary of State this day of_ _•___, 1967, at --- o'clock-/_IV=M. Assistant Secretary of State .•7 — 3 — CHAPTER-_ 4--- El Senate Concurrent Resolution No. 5—Approving an amend- ment to the Charter of the City of San Luis Obispo, County of San Luis Obispo, State of California, ratified by the qualified electors of the city at a special election held therein on the seventh day of June, 1966. WHEREAS, Proceedings have been had for the proposal, adop- tion and ratification of an amendment to the Charter of the City of San Luis Obispo, a municipal corporation in the County of San Luis Obispo, State of California, as hereinafter set forth in the certificate of the mayor and city clerk of the city as follows: CERTIFICATE RATIFICATION TY OF SAN A CERTAIN CHARTER AMENDMENT Luis OB SPO OF State of California County of San Luis Obispo City of San Luis Obispo We, the undersigned, Clell W. Whelchel, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of Cali- fornia, and J. H. Fitzpatrick, City Clerk of the City of San Luis Obispo, do hereby certify and declare as follows: That the City of San Luis Obispo, a Municipal Corporation of the County of San Luis Obispo, State of California, now is and at all times herein mentioned was, a City having a popu- lation of more than thirty-five hundred ( 3,500) inhabitants and less than fifty thousand (50,000) inhabitants, and has been, since May 18, 1955, and is now organized and acting under a Charter adopted under and by virtue of Section 8, Article XI of the Constitution of the State of California, which Charter was duly ratified by a majority of the qualified elec- tors of such City at a special election held d r the at purpoLegislse on the 4th day of April, 1955, and concurrent resolution filed ture of the State of California by 1955 (Vol. with the Secretary of State on the 18th day of May, 2, Statutes 1955, Page 4110). That in accordance with the provisions of Section 8, Article XI of the Constitution of the State of California, on its own motion the Council of the City of San Luis Obispo, being the legislative body thereof, duly and regularly submitted to the 4 — qualified electors of the said City of San Luis Obispo a certain proposal for the amendment of the Charter of said City, to be voted upon by said qualified electors at a Special Municipal Election held as provided for by law, in said City on the 7th day of June, 1966, which said proposal was designated as Proposed Charter Amendment. That said proposed amendment was published and advertised in accordance with Section 8 of Article XI of the Constitution of the State of California, in the "Telegram -Tribune," a daily newspaper of general circulation published, printed and cir- culated in said City, and being the official newspaper of said City for said purpose, and in each edition thereof during the day of publication. That said proposed charter amendment was submitted to the electors of said City for adoption and ratification at a special municipal election duly and regularly held in said City of San Luis Obispo on the seventh day of June, 1966, which said date was not less than forty nor more than sixty, days after the completion of the advertising in the above men- tioned official paper of the proposed charter amendment afore- said. That, in accordance with the provisions of the Elections Code of the State of California, the Council of the City of San Luis Obispo had adopted, on March 28, 1966•, Resolution Number 1537 (1966 Series) wherein it requested the Board of Supervisors of San Luis Obispo County, California, to order the consolidation of said Special Municipal Election with the state-wide primary election held in said County on June 7, 1966; that said consolidation had been so ordered by said Board of Supervisors and that said special municipal election was so consolidated with said state-wide primary election held in said County on said date. That at said special municipal election a majority of the qualified electors voting upon said proposed charter amend- ment voted in favor of the amendment and adopted and rati- fied the same. That said Amendment to the Charter so ratified by the elec- tors of the City of San Luis Obispo is in words and figures as follows: "San Luis Obispo Municipal Election Date. Shall Section 300 of the Charter of the City of San Luis Obispo, California, w be amended to read as follos: Section 300. General Municipal Elections. General Munic- ipal Elections to fill elective offices shall be held in said City on the third Tuesday in April in each odd numbered year." That the Charter shall be worded as follows: "Section 300. General Municipal Elections. General Mu- nicipal Elections to fill elective offices shall be held in said City on the third Tuesday in April in each odd numbered year. " o - J - That we have compared the foregoing amendment with the orijinal proposal submitting the same to the electors of said City and find that the foregoing is a full, true, correct and e facts set forth exact copy thereof; Ave further certify that th such amendment to the said Charter in the preamble preceding are, and each of them is, true. our hands and In witness whereof, we have hereunCity to San Lis Obispo to caused the corporate seal of said hovember, 1966. be affixed hereto this 21st day CLELL W. WxELCIIEL Mayor of the City of (SEAL) San Luis Obispo, California Attest: J. II. FITZPATRICK City Clerk and proposed charter amendment as ratified as �VxEREAs, The hereinabove set forth has been and now is duly submitted or re - the Legislature of the State owealifornia for of alterationaorpamendment, jection, as a whole without p in accordance with Section Sri wAtherefXI of the Constitution of the State of California ;the Resolved by the Senate of the 2Statell the embers elected to bly thereof concurring, a maj y an the each house voting therefor and concurri sng tltieretiSan Luing That t as amendment to the Charter of the City proposed to and adopted and ratified hereby the proved as actors of hwhole, as hereinbefore fully set forth, is has an amendment to and as without alteration or amendment, part of the Charter of the City of San Luis Obispo. E Attest : ENDORSED FILED In the office of the Be:retary of State of the State of Californio JAN 12 1961 FRN,1j'K it1. JD,"s�F, Secretary of State By V/,!-. EP C. STUiLER Assistant Secrerary of State E —8— u --- __ _-=---- President of the Senate -------------r� --------------------- Speaker of the Assembly c - � 2.�z �etary of State �Ir:L n C, . -' assistant '.�,ecret&,.ry 4£ State 0 Senate Concurrent Resolution No. 76 Adopted in Senate July 18, 1972 Slelr_eeta�;y of the Senate Adopted in Assembly July 20, 1972 at Chief Clerk of the ssembly This resolution was received by the Secretary of State this41!�6day of , 1972, at 0 o'clock—?—M. ssistant Secretary of State SCR 76 RESOLUTION CHAPTER Senate Concurrent Resolution No. 76—Approving an amendment to the Charter of the City of San Luis Obispo, County of San Luis Obispo, State of California, ratified by the qualified electors of the city at a special municipal election held therein on the 20th day ofjune 1972. LEGISLATIVE COUNSEL'S DIGEST SCR 76 Grunsky. City charters. Approves amendment to Charter of City of San Luis ' Obispo. WHEREAS, Proceedings have been taken and had for the proposal, adoption, and ratification of an amendment to the Charter of the City of San Luis Obispo, a municipal corporation in the County of San Luis Obispo, State of California, as hereinafter set forth in the certificate of the mayor and city clerk of the city, as follows: CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF SAN LUIS OBISPO OF A CERTAIN CHARTER AMENDMENT State of California County of San Luis Obispo City of San Luis Obispo We, the undersigned, Kenneth E. Schwartz, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of California, and J. H. Fitzpatrick, City Clerk of the City of San Luis Obispo, do hereby certify and declare as follows: That the City of San Luis Obispo, a Municipal Corporation of the County of San Luis Obispo, State of California, now is and at all times herein mentioned was, a City having a population of more than thirty-five 00 47625 59 C�D_ SCR 76 hundred (3,500) inhabitants and less than fifty thousand (50,000) inhabitants, and has been since May 18,1955, and is now organized and acting under a Charter adopted under and by virtue of Section 3, Article XI of the Constitution of the State of California, which Charter was duly ratified by a majority of the qualified electors of such City at a special election held for that purpose on the 4th day of April, 1955, and approved by the Legislature of the State of California by concurrent resolution filed with the Secretary of State on the 18th day of May, 1955 (Vol. 2, Statutes 1955, Page 4110) . That in accordance with the provisions of Section 3, Article XI of the Constitution of the State of California, on its own motion the Council of the City of San Luis Obispo, being the legislative body thereof, duly and regularly submitted to the qualified electors of the said City of San Luis Obispo a certain proposal for the amendment of the Charter of said City, to be voted upon by said qualified electors at a Special Municipal Election held as provided for by law, in said City on the 20th day of June, 1972, which said proposal was designated as Proposed Amendment by adding Section 1106.5 to the City Charter. That said proposed amendment was published and advertised in accordance with Section 3 of Article XI of the Constitution of the State of California, in the "Telegram -Tribune," a daily newspaper of general circulation published, printed and circulated in said City, and being the official newspaper of said City for said purpose, and in each edition thereof during the day of publication. That said proposed charter amendment was submitted to the electors of said City for adoption and ratification at the special municipal election duly and regularly held in said City of San Luis Obispo on the 20th day of June, 1972, which said date was not less than forty, nor more than sixty, days after the completion of the advertising in the above mentioned official paper of the proposed charter amendment aforesaid. That at said special election a majority of the qualified 00 47640 62 1 0 k ) SCR 76 4010 electors voting upon said proposed charter amendment voted in favor of the amendment and adopted and ratified the same. That said Amendment to the Charter so ratified by the electors of the City of San Luis Obispo is in words and figures as follows: "Consolidation of Library Services. Shall the City Charter be amended by adding Section 1106.5 which would authorize the Council to consolidate City library operation and financing with that of other governmental agencies? Section 1106.5 Consolidation of Library Services. Notwithstanding the provisions of Sections 1105,1106 and 1205 (c) 2 of this charter, the Council may by ordinance transfer or consolidate City library operation and financing with appropriate functions of the State, the County, or any other governmental body offering to provide library service to an area or region of which the City is a part, if such transfer or consolidation is authorized by State law or other municipal corporations of comparable size. The provisions of the aforementioned charter sections shall be deemed suspended during the continuance of such transfer or consolidation to the extent such suspension is set forth in said ordinance. Any such transfer or consolidation may be repealed in like manner." That we have compared the foregoing amendment with the original proposal submitting the same to the electors of said City and find that the foregoing is a full, true, correct and exact copy thereof; we further certify that the facts set forth in the preamble preceding such amendment to the said Charter are, and each of them is, true. In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto this 17th day of July, 1972. KENNETH E. SCHWARTZ Kenneth E. Schwartz (SEAL) Mayor of the City of 00 47650 64 —qa SCR 76 San Luis Obispo, California Attest: J. H. FITZPATRICK J. H. Fitzpatrick City Clerk and WHEREAS, The proposed amendment to the charter, as adopted and ratified as hereinabove set forth, has been and now is duly submitted to the Legislature of the State of California for approval or rejection, as a whole without power of alteration or amendment, in accordance with Section 3 of Article XI of the Constitution of the State of California; now, therefore, be it Resolved by the Senate of the State of California, the Assembly thereof concurring, a majority of all members elected to each house voting therefor and concurring therein, That the amendment to the Charter of the City of San Luis Obispo, County of San Luis Obispo, as proposed to, and adopted and ratified by, the electors of the city, as hereinabove fully set forth, is hereby approved as a whole, without alteration or amendment, for and as an amendment to, and as part of, the Charter of the City of San Luis Obispo, County of San Luis Obispo. 00 47655 65 J94/'J. /'J. President of the Senate Speaker of the Assemblx)ft 4 C Attest: , Secretary of St e ENDORSED — FILED In the o¢ilce of the Secretary of State of the Stota of Coltfarn�a IDMUN9 ®. BROWN JR., Sacratary of State J U L 2 61972 00 4765 55 F. 79 4 Senate Concurrent Resolution No. 76 M Adopted in Senate July 18, 1972 JaiA Secretary of the Senate Adopted in Assembly July 20, 1972 Z&44�1 - e, - 04IZ7 Chief Clerk of the embly This resolution was received by the Secretary of State this—Z4day of , 1972, a . 3a o'clock M. Assistant Secretary of State 0 SCR7 , 31'x, tip RESOLUTION CHAPTER 1� y Senate Concurrent Resolution No. 76—Approving an amendment to the Charter of the City of San Luis Obispo, County of San Luis Obispo, State of California, ratified by the qualified electors of the city at a special municipal election held therein on the 20th day ofjune 1972. LEGISLATIVE COUNSEL'S DIGEST SCR 76 Grunsky. City charters. Approves amendment to Charter of City of San Luis Obispo. WHEREAS, Proceedings have been taken and had for the proposal, adoption, and ratification of an amendment to the Charter of the City of San Luis Obispo, a municipal corporation in the County of San Luis Obispo, State of California, as hereinafter set forth in the certificate of the mayor and city clerk of the city, as follows: CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF SAN LUIS OBISPO OF A CERTAIN CHARTER AMENDMENT State of California County of San Luis Obispo City of San Luis Obispo We, the undersigned, Kenneth E. Schwartz, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of California, and J. H. Fitzpatrick, City Clerk of the City of San Luis Obispo, do hereby certify and declare as ' follows: r That the City of San Luis Obispo, a Municipal y Corporation of the County of San Luis Obispo, State of California, now is and at all times herein mentioned was, y • a City having a population of more than thirty-five 00 47625 59 �O 0 —3— SCR 76 hundred (3,500) inhabitants and less than fifty thousand (50,000) inhabitants, and has been since May 18,1955, and is now organized and acting under a Charter adopted under and by virtue of Section 3, Article XI of the Constitution of the State of California, which Charter was duly ratified by a majority of the qualified electors of such City at a special election held for that purpose on the 4th day of April, 1955, and approved by the Legislature of the State of California by concurrent resolution filed with the Secretary of State on the 18th day of May, 1955 ( Vol. 2, Statutes 1955, Page 4110) . That in accordance with the provisions of Section 3, Article XI of the Constitution of the State of California, on its own motion the Council of the City of San Luis Obispo, being the legislative body thereof, duly and regularly submitted to the qualified electors of the said City of San Luis Obispo a certain proposal for the amendment of the Charter of said City, to be voted upon by said qualified electors at a Special Municipal Election held as provided for by law, in said City on the 20th day of June, 1972, which said proposal was designated as Proposed Amendment by adding Section 1106.5 to the City Charter. That said proposed amendment was published and advertised in accordance with Section 3 of Article XI of the Constitution of the State of California, in the "Telegram -Tribune," a daily newspaper of general circulation published, printed and circulated in said City, and being the official newspaper of said City for said purpose, and in each edition thereof during the day of publication. That said proposed charter amendment was submitted to the electors of said City for adoption and ratification at the special municipal election duly and regularly held in said City of San Luis Obispo on the 20th day of June, 1972, which said date was not less than forty, nor more than sixty, days after the completion of the advertising in the above mentioned official paper of the proposed charter amendment aforesaid. That at said special election a majority of the qualified 00 47640 62 1 `r j ..- — ------ ----- - OFFICE OF THE SECRETARY OF STATE I, EDMUND G. BROWN JR., Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the REcoRD on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 26th Day of July 1972 &4&j')qj- &"'Q Secretary of State by c uty Secretary of Stat SEC/STATE FORM CE -7 (REV. 1.71) 48421-862 11-70 80M (DA OSP SCR 70 —4— electors voting upon said proposed charter amendment voted in favor of the amendment and adopted and ratified the same. That said Amendment to the Charter so ratified by the electors of the City of San Luis Obispo is in words and figures as follows: "Consolidation of Library Services. Shall the City Charter be amended by adding Section 1106.5 which would authorize the Council to consolidate City library operation and financing with that of other governmental agencies? Section 1106.5 Consolidation of Library Services. Notwithstanding the provisions of Sections 1105,1106 and 1205 (c) 2 of this charter, the Council may by ordinance transfer or consolidate City library operation and financing with appropriate functions of the State, the County, or any other governmental body offering to provide library service to an area or region of which the City is a part, if such transfer or consolidation is authorized by State law or other municipal corporations of comparable size. The provisions of the aforementioned charter sections shall be deemed suspended during the continuance of such transfer or consolidation to the extent such suspension is set forth in said ordinance. Any such transfer or consolidation may be repealed in like manner." That we have compared the foregoing amendment with the original proposal submitting the same to the electors of said City and find that the foregoing is a full, true, correct and exact copy thereof; we further certify that the facts set forth in the preamble preceding such amendment to the said Charter are, and each of them is, true. In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto this 17th day of July, 1972. KENNETH E. SCHWARTZ Kenneth E. Schwartz (SEAL) Mayor of the City of 00 47650 64 0 —5— .'SCR 76 San Luis Obispo, California Attest: J. H. FITZPATRICK J. H. Fitzpatrick City Clerk and WHEREAS, The proposed amendment to the charter, as adopted and ratified as hereinabove set forth, has been and now is duly submitted to the Legislature of the State of California for approval or rejection, as a whole without power of alteration or amendment, in accordance with Section 3 of Article XI of the Constitution of the State of California; now, therefore, be it Resolved by the Senate of the State of California, the Assembly thereof concurring, a majority of all members elected to each house voting therefor and concurring therein, That the amendment to the Charter of the City of San Luis Obispo, County of San Luis Obispo, as proposed to, and adopted and ratified by, the electors of the city, as hereinabove fully set forth, is hereby approved as a whole, without alteration or amendment, for and as an amendment to, and as part of, the Charter of the City of San Luis Obispo, County of San Luis Obispo. 00 47655 65 adll President of the Senate,, Speaker of the Assembly, ,w; � Attest: /�� /�Z Secretary of S to ENDORSED — FRED In the often of tho Seerotaty o! tato at tho S+Qto of Cottfoy FDMtlND G. BROWn 1R.0 SQcrotary of State JUL 2 61972 00 4765 55 Assembly Concurrent Resolution No. 83 Adopted in Assembly April 26, 1967 J� Chief Clerk of the Assembly Adopted in Senate April 26, 1967 ons--------------- L/�� Secretary of the Senate This resolution was received by the Secretary of State this I___day of_�L� Z __,1967, at/j Co _o'clock-i_ai. L`c_►_1�r�111------------- Assistant Secretary of State O o I DE E — 3 — CHAPTERI:.'�___ Assembly Concurrent Resolution No. 83—Approving amend- ments to the Charter of the City of San Luis Obispo, a municipal corporation of the County of San Luis Obispo, State of California, voted for and ratified by the qualified electors of said city at an election held therein on the 18th day of April, 1967. WHEREAS, Proceedings have been taken and had for the pur- pose of adoption and ratification of certain amendments here- inafter set forth to the Charter of the City of San Luis Obispo, a municipal corporation of the County of San Luis Obispo, State of California, as set forth in the certificate of the mayor and city clerk of said city, as follows: CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CiITY OF SAN LUIS OBISPO OF CERTAIN CHARTER AMENDMENTS State of California County of San Luis Obispo City of San Luis Obispo We, the undersigned, Clell W. Whelchel, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of Cali- fornia, and J. H. Fitzpatrick, City Clerk of the City of San Luis Obispo, do hereby certify and declare as follows: That the City of San Luis Obispo, a Municipal Corporation of the County of San Luis Obispo, State of California, now is and at all times herein mentioned was, a City having a popula- tion of more than thirty-five hundred (3,500) inhabitants aald less than fifty thousand (50,000) inhabitants, and has been, since May 18, 1955, and is now organized and acting under a Charter adopted under and by virtue of Section 8, Article XI of the Constitution of the State of California., which Charter was duly ratified by a majority of the qualified electors of such City at a special election held for that purpose on the 4th day of April, 1955, and approved by the Legislature of. the State of California by concurrent resolution filed with the Secretary of State on the 18th day of May, 1955 (Vol. 2, Statutes 1955, Page 4110) . That in accordance with the provisions of Section 8, Article XI of the Constitution of the State of California, on its own motion the Council of the City of San Luis Obispo, being the legislative body thereof, duly and regularly submitted to the qualified electors of the said City of San Luis Obispo certain proposals for the amendment of the Charter of said City, to —4,— be voted upon by said qualified electors at the Regular Mu- nicipal Election held as provided for by law, in said City on the 18th day of April, 1967, which said proposals were desig- nated as Proposed Amendments to Sections 604 and 702 of the Charter. That said proposed amendments were published and adver- tised in accordance with Section 8 of Article gI of the Consti- tution of the State of California, in the "Telegram -Tribune," a daily newspaper of general circulation published, printed and circulated in said City, and being the official newspaper of said City for said purpose, and in each edition thereof during the day of publication. That said proposed charter amendments were submitted to Awl the electors of said City for adoption and ratification at the regular municipal election duly and regularly held in said City of San Luis Obispo on the eighteenth day of .April, 1967, which said date was not less than forty, nor more than sixty, days after the completion of the advertising in the above men- tioned official paper of the proposed charter amendment afore- said. That, in accordance with the provisions of the Elections Code of the State of California, the Council of the City of San Luis Obispo had adopted, on February 6, 1967, Resolution Number 1650 (1967 Series) wherein it approved the request of the Superintendent of , Schools of San Luis Obispo County, California, to order the consolidation of said Regular Munici- pal Election with the School District Elections for members of the governing boards of the San Luis Obispo Coastal Uni- fied School District and the San Luis Obispo County Junior College, held in said City on April 18, 1967; that said consoli- dation had been. so ordered by said Council and that said reg- ular municipal election was so consolidated with said school dis- trict elections held in said City on said date. That at said consolidated election a majority of the qualified electors voting upon said proposed charter amendments voted in favor of the amendments and adopted and ratified the same. That said Amendments to the Charter so ratified by the elec- tors of the City of San Luis Obispo are in words and figures as follows: "Compensation of Mayor. Shall Section 604 of the Charter of the City of San Luis Obispo, California, be amended to read as follows: . Section 604. Compensation. The Mayor shall receive Two Hundred Fifty Dollars ($250.00) per month compensation for his services as such, payable monthly; except to, the extent heretofore or hereafter approved ;by the electorate, but the Mayor shall receive reimbursement.on order of the Council for Councilauthorized traveling and; other expenses. when on of- ficial duty." 5 "Compensation of Councilmen. Shall -Section "702 of the Charter of the City of San Luis Obispo,': California, be amended to read as follows: Section 702. ` Compensation. Each Coun I cilman I shall re- ceive One Hundred Fifty Dollars ($150.00) per month com- pensation for his services as such, payable monthly, except to the extent heretofore or hereafter approved by the electorate, but the members of the Council shall receive' reimbursement on order of the Council for Council authorized traveling and other expenses when on official duty." That the Charter sections shall be worded' as -follows "Section 604. Compensation. The Mayor shall rec`eiv'e Two Hundred Fifty Dollars ($250.00) per month compensa- tion for his services as such, payable monthly, except 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. Section 702. Compensation. Each Councilman shall re- ceive One Hundred Fifty Dollars ($150.00) per month com- pensation for his services as such, payable monthly, except to the extent heretofore or hereafter approved by the electorate, but the members of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other expenses when on official duty." That we have compared the foregoing amendments with the original proposals submitting the same to the electors of said City and find that the foregoing is a full, true, correct and exact copy thereof; we further certify that the facts set forth in the preamble preceding such amendments to the said Charter are, and each of them is, true. In witness whereof, we have hereunto set our hands and caused the corporate seal of said City of San Luis Obispo to be affixed hereto this 25th day of April, 1967. CLELL W. WHELCHEL (SEAL) Mayor of the City of San Luis Obispo, California Attest: J. H. FITZPATRICK City Clerk and WHEREAS, The proposed charter amendments, as ratified as hereinabove set forth, have been and now are duly presented and submitted to the Legislature of the State of California for approval or rejection, as a whole without power of alteration i or amendment; in accordance with Section 8 of Article XI of the Constitution of the State of California; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring, a majority of all the members elected to each house,voting therefor and concurring therein, That the amendments to the Charter of the City of San Luis Obispo_ as proposed to, and adopted and ratified by, the elec- tors of the city, as hereinbefore fully set forth, are hereby ap- proved as a whole, without alteration or amendment, for and as amendments to, and as part of the Charter of, the City of San Luis Obispo. C ----- ------Speaker of the Assembly A -L -1 -CILIA --&O 1:x: -------- President of the Senate Irio Je-14ore Attest : - t LK_-- ----- S up -D ll ------ Secretary of State syr 14 E N! H. P. StiLT I '',TT Assistant Secret,ry of State in the o r. otcte of ta. :. Y _ i MAY 1 1967 FRANK M. JOR-r'.';�, Secrct�ry of State By H. P. SULLIVA14 Assistant Secretary of State Senate Concurrent resolution No. 63 Adopted in Senate May 13, 1955 Assembly Vote Senate Vote Ayes-------- Ayes -------- Noes-------- Noes -------- ----------- u_ -A -B -e f' i ---------------- Secretary of the Senate Adopted in Assembly May 16, 1955 Chief Clerk of the Assembly This resolution was received by the Secretary of State this - k i-t;s day of____14ay----- 1955, ---------- zh",-%.-Ha g P r-tX-------- Assistant Secretary of State 4 —3— CHAPTER_ U_ Senate Concurrent Resolution No. 63—Approving the charter of the City of San Luis Obispo, State of California, ratified by the qualified electors of said city at a general municipal election held therein on the fourth day of April, 1955. a WHEREAS, The City of San Luis Obispo, in the County of San Luis Obispo, State of California, contains a population in excess of 3,500 inhabitants; and WHEREAS, Proceedings have been had for the proposal, adop- tion and ratification of a new charter of the City of San Luis Obispo, as set out in the certificate of the mayor and the city clerk of said City of San Luis Obispo, to wit: CERTIFICATE OF PROCEEDINGS -HAD AND TAKEN BY TnE CITY OF SAN LUIS OBISPO IN FRAMING A CHARTER FOR ITS OwN GovERNAMENT. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO SS. CITY OF SAN LUIS OBISPO We, the undersigned, Fred H. Lucksinger, Alayor of the City of San Luis Obispo, County of San Luis Obispo, State of California, and Jean H. Fitzpatrick, City, Clerk of said City and Ex -officio Clerk of the City Council of said City, do hereby certify and declare as follows: That the undersigned, said Jean H. Fitzpatrick, was at all the times herein mentioned, the Clerk of the Legislative Body of said City and City Clerk of said City of San Luis Obispo; that heretofore and prior to the 19th day of February, 1955, the said City Council of the City of San Luis Obispo did cause to be framed a proposed charter for its own government, and on the 19th day of February, 1955, at a duly held meeting of said City Council of said City, said City Council by Resolution No. 1415 (New Series) ordered said City Clerk to place the proposition of the adoption of said proposed charter on the ballot at the general municipal election ordered in the City of San Luis Obispo for the 4th day of April, 1955, for the purpose of submitting said proposition to the electors of said City of San Luis Obispo, and which resolution ordered that said charter be filed with the City Clerk of the City of San Luis Obispo; that said proposed charter of the City of San Luis Obispo was filed in the office of the City Clerk in the City Hall at San Luis Obispo, on the 19th day of February, 1955, and said resolution further ordered that the adoption of the L -4— charter should be submitted to the electors at said general municipal election held oil the 4th day of April, 1955, and directed that said City Cleric publish said propcsed charter in the Tolegram-Tribune, a newspaper of general eireulation, rinted and published 2)u the City of San Luis Obispo; that spaid notice was given by t11e said City Clerk ill the notice here- after referred to iufor111i1tg the electors that copies of the Clcu•tcr could be secured at the City Hall; 'That said proposed charter was published pursuant to said order ill said newspaper and in each edition thereof dg publican tioou the 31st day of the February, 1955 said newspaper beili'ti of general eireulation in said City of San Luis Obispo; that the date of such publication was within fifteen clays after the said cluirtez• was filed in the office of said ric of said Cle City Council; that the date set for the submission to the elec- tols of said proposed charter, to I it: April -t, 1955, was not less than forty days nor more than sixty days after the com_ pletion of tile' in said official paper, as aforesaid; 'That until the day filed for the election there was adver- tised in the'1'cics;ranl-'Pribnne, a newspaper of general eireula- tion printed and pnblklled in the City of San Luis Obispo, a notice that copies of :,aid charter were availble in the off cc of, tic City Clerk of a t11c City of San Luis Obispo and could be s`'1'11t'1'11 upon applicatioll therefor at said office; that such cop- ies lvcrc so available. 'I'11;1f. the popiilati(`n of said City of San Luis Obispo is 11,01-0 than tlu•ce ihoilsalid five hundred (2),500) and less than fifty. thousand (50,000) inhabitants as ascertained by the last pre- ceding eensiis taken under the antllority the of the Congress of 1lnitvd State; '1'h,1t said election was durly ly and regulacalled the ,ltl1 day of April, 19;15; and held on That atsaid ('I"( ion a majority of the qualified voters voting hereon voted in favor of said proposed charter. I h,1t, the said City Conueil of the City of San Leis Obispo tilt ;l meetiu�" held on !April 12, 1955 at the time and in the tilt provided by Jan' and in accordance with the law in sne�11 cases made and peovided d111y canvassed the returns of said cicctif, and dilly found, determined and declared that a majo W0j of said cicetols votiu • thereon had voted in favor of saiI propor,l'11 charter, ;1nd 1,11at t11e sante teas adopted and rati- fied by nun'e than tllc nuljority of the qualified voters of the City of, ill i,nis Obispo vofing thereon, as follows, to-wit: ole, in favor of tile adoption and 1,atifieation of said proposed charier Votes at must the adoption and ratification of said 1442 propo.<cd charter ------__ 1178 E -- 5 — That said election was held in accordance with the existing Charter of the City of San Luis Obispo and in accordance with the laws of the State of California where applicable; That in all matters and in all things pertaining to said Char- ter, all of the provisions of Section 8; Article XI of the Con- stitution of the State of California and the laws of said State, have been fully complied with in each and every particular. That said proposed charter, if approved by the Legislature, shall replace the present charter of said city; That said charter so proposed, filed, adopted and ratified as herein set forth, is in the words and figures following, to wit: CiITY CHARTER OF THE CITY OF SAN LUIS OBISPO We, the people of the City of San Luis Obispo, State of Cali- fornia, do ordain and establish this Charter, as the organic law of said City, under the Constitution of the State of California. Article I. Incorporation and Succession Section 100. Name of the City. The Municipal Corpora- tion now existing and known as "The City of San Luis Obispo" shall remain and continue a body politic and corpo- rate, 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 witth 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 munici- pality, and is hereby declared to be the successor of the same. It shall be subject to all liabilities that now exist against this municipality. Section 103. Ordinances. All lawful ordinances, resolu- tions, rules and regulations or portions thereof, in force at the time this Charter takes effect and not in conflict with or incon- sistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. Section 104. Continuance of Contracts and Public Im- provements. All contracts entered into by the City, or for its benefit, prior to the effective date of this Charter, shall con- tinue 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 discretion of the City Council, may be carried to completion as nearly as practicable E —6— 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 contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any offi- cer, office, department or agency a party thereto, may be as- signed or transferred by or under this Charter to another officer, office, department or agency, but in that event, the same may be prosecuted or defended by the head of the office, de- partment or agency to which such functions, powers and duties have been assigned or transferred by or tinder this Charter. Section 106. Continuance of Present Officers and Em- ployees. The members of the City Council and Board of Edu- cation 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 ap- pointed 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. 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 regula- tions in respect to municipal affairs, subject only to such re- strictions and limitations 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 privi- leges 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 Califor- nia. 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 procedure established by any law of the State, unless a different procedure is established by ordi- nance. -7— Article III. Elections. Section 300. General Municipal Elections. General mu- nicipal elections to fill elective offices shall be held in said City on the second Tuesday in April in each odd numbered year beginning with the year 1957. Section 301. Special Municipal Elections. All other mu- nicipal elections that may be held by authority of this Charter, or of general law, or by Ordinance, shall be known as special municipal elections. Elections. Unless Section 302. Procedure for Holding otherwise provided by Ordinance hereafter enacted, all elec- tions 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 pro- visions 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 elections 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 Coun- cilman 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 Gov- ernment. The municipal government provided by this Char- ter har ter shall be known as the ,Council -Administrative Officer form of government. Article V. The Elective Officers. Section 500. Enumeration. The elective officers of the City of San Luis Obispo shall be a Mayor and four Council- men, and five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all ques- tions coming before the Council. Section 501. Elected at Large. The Mayor and Council- men shall be elected at the general municipal 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 viola- tion of his official duties, or ceases to be a resident of the City, or neglects to qualify within the time prescribed by the provi- sions 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 like 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 election and until his suc- cessor is qualified and elected. Section 601. Powers and Duties. The Mayor shall be President of the City Council and shall preside at all its meet- ings 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 public danger or emergency, he may, with the consent of the Council, take com- mand of the police, maintain 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 law or ordinance or by resolution 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 tem- porary 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. Section 604. Compensation. The Mayor shall receive Six Hundred Dollars ($600.00) a year compensation for his — 9 services as such, payable monthly, except to the extent here- tofore or hereafter approved by the electorate, but the Mayor shall receive reimbursement on order of the Council for Coun- cil authorized traveling and other expenses when on official duty. 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 thereafter two members shall be elected alternately at each succeeding biennial election. The terms of each elected member shall commence on the first day of May 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. The Councilmen shall receive Five Hundred Dollars ($500.00) a year, payable monthly, compensation for their services as such, except to the extent heretofore or hereafter approved by the electorate, but the members of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other ex- penses when on official duty. 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 expiration of the term for which he was elected. Section 704. Administering Oaths. Subpoenas. Each mem- ber of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Sub- poenas 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. -10— 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 des- ignated the Council of the City of San Luis Obispo. Said Council shall be the governing body of the City and, subject to the express limitations of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a com- plete system of local government consistent with the constitu- tion of the State. Section 706. Meetings of Council. The Council shall, by ordinance or resolution, provide for the time and place of hold- ing its meetings and the manner in which its special meetings may be called. Section 707. Meetings to be Public. All legislative ses- sions 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 transaction of business, but a less number may adjourn from time to time and postpone the con- sideration of pending business. Section 709. Rules of Proceeding. The Council shall de- termine its own rules of procedure, may punish 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 restrictions in this Charter contained, and the delegation by this Charter of any powers to any person, officer, board, or commission, which delegation of power, 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 inhabit- ants and which are not specifically forbidden by the Constitu- tion of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. Section 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 Treas- urer, a City Attorney, a City Clerk -Assessor, a Library Board, a Planning Commission, and a Park and Recreation Commis- sion. <i -11— (3) Subject to the provisions and restrictions of this Charter: (a) Have power to req„tire 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 under- ground of all telephone, telegraph, electric light or other wires within the city, or within any designated portion thereof, and to regulate 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. _TNlethod of Action by Council. All action by the Council shall be taken only by means of ordinance, reso- lution, or oral motion duly made and passed. Section 713. Ayes and Noes. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. Section 714. Majority Note of Council. No ordinance, resolution or notion 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 Obispo.” The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo. " Section 716. Requirements of Ordinances. With the sole exception of ordinances which take effect upon adoption re- ferred to in this article, no ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. Section 717. Emergency Ordinances. Any ordinance de- clared by the Council to be necessary as an emergency measure 12 for preserving the public peace, health or safety, and contain- ing 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 its final passage, unless otherwise provided in said ordinance or measure; provided, however that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinbefore provided, ordinances ordering or otherwise relating to elections, ordi- nances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. Section 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 sec- tion shall be void. Section 720. Codification of Ordinances. Any or all ordi- nances 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 Cali- fornia as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of build- ings, plumbing and wiring, fire prevention and similar matters, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided by state law. Section 721. Repeal. No ordinance nor section thereof shall be repealed except by an ordinance adopted in the man- ner 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 Mon- day 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 El -13— redressed in the manner provided by the general law of the State. Section 724. Public Work 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 resolu- tion authorizing 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 accept- ance of the work. (3) Public Work to be Done by Contract. In the erection, improvement 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 fur- nishing 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 exceed the sum of Two Thous- and Dollars ($2,000.00), three informal bids are required; when over Two Thousand Dollars ($2,000.00), formal 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, however, the Council may by a three fifths (D vote reject any and all bids, if deemed excessive or otherwise contrary to the best interests 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 Administrative Officer, pro- vided the total cost submitted by the City Administrative Offi- cer shall not exceed the lowest acceptable 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 esti- mate 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 Department of Public Works, and the said A) —14— 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 responsible 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 subcon- tractors, or by any other person or persons, such la- borers, 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 pref- erence, other qualifications being equal. (b) When making purchases for any department of the City, local merchanns shall be given the preference, qual- ity, price and service being commensurate. Section 725. Sale or Lease of City Property. The follow- ing regulations shall be applicable to City -owned property: No sale or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease 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 O of all the members of the Council. Section 726. Official Bonds. The Council shall, by ordi- nance or resolution, determine what officers and other persons in the service of the City shall give bond either of an indi- vidual type or be included in a master bond, for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond or bonds, and each of such officers and other persons shall before entering upon the duties of his office or employment, execute a bond to the City in the penal sum provided by such ordinance or resolution, including in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined and approved by the Council. All bonds when ap- proved shall be filed with the City Clerk, except the City Clerk's bond, if any, which shall be filed with the City Admin- istrative 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 provided. In all cases where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. u —15— Article VIII. City Administrative Officer Section 800. Tenure of the City Administrative Officer. The City Administrative Officer shall hold office for and dur- ing 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 no- tice of said intention shall be published at least once in a news- paper 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 crim- inal 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 of retention or re- moval of the City Administrative Officer is considered, the City Administrative Officer shall have the right to present such evidence in his own behalf as he may desire, but the City Coun- cil shall use its uncontrolled 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 municipal 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 observe 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 F] -16— ninety day period aforementioned, the provisions of the pre- ceding section as to the removal of said City Administrative Officer shall apply and be effective. Section 801. Qualifications. The City Administrative Offi- minis- cer shall be chosen on twthaspsisec all reference etonhis dactual trative qualifications, ted practice with experience in, or his knowledge of, accepted respect to the duties of his office aor State at the time s hereinafter set tof his need not be a resident of the City appointment, but during his tenure of office, he shall reside within the City. The City Administrative Officer shall be ap- pointed within ninety (90) days after this Charter becomes effective. Section 802. Eligibility of Councilmen. No member oft e City Council shall, orgring the one year theafter,for ,hbe eligibles to hold elected or appointed, o the position of City Administrative officer. Administrative Officer Section 803. Salary. The City shall be paid a salary commensurate with his duties and re- sponsibilities. Section 804. Powers and Duties. The City Administrative Officer shall be the administrative head of the government atiof the City. The Council shall instruct th ity teterminAdministrative ation or Officer in matters of policy. Any action, omission of the Administrative Officer shall be subject to re- view by the Council, but the Council may not overrule, change or modify any such action, determination or omission except by an affirmative vote of at least three members of said Coun- cil. The Administrative Officer shall be responsible for the effi- cient administration of all the affairs of the City which are under his control. In addition to his general powers as ad- ministrative head, and not as a limitation thereon, it shall be his duty, and he shall have the powers set forth in the follow- ing sub -sections: (1) Appoint and, when necessary for the good of the service, discipline 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, park and recreation commission and planning commssion, 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 including the annual report of all the departments of the City. E —17— (3) Make such recommendations to the Council or Board of Equalization regarding the annual assessment roll as he may deem advisable. (4) Act as purchasing agent for all departments of the City; provided, 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 supplies, materials, and equipment required by any office, department or agency of the City government and recommend them to the Council 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 there- after, inventory and appraise the value of all real estate, build- ings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of such inventory 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. (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, con- tracts, 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 Commission, Library Board, and any other commissions or boards heretofore 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. 2—sCR 63 191 AML —18— (15) Perform such other duties as may be prescribed by this Charter 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 partici- pate in the deliberations 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 Administra- tive Officer Pro Tempore during any absence or disability of the City Administrative Officer. Section 805. Ineligible Persons. No person related to the City Administrative Officer by consanguinity or affinity within the third degree shall hold any appointive office or employ- ment with the City. Article IX. Officers and Employees. Section 900. Officers and Employees. General. The offi- cers 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 Attor- ney, and such other or subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide for. The City Clerk -Assessor, City Attorney and City Treas- urer 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 re- moved as provided by Section 800 of this Charter. All other officers and department heads of the City shall be appointed by and may be removed by the City Administrative Officer, except as in this Charter otherwise provided. Section 901. Duties of Officers and Employees. After ob- taining and considering the recommendations of the City Ad- ministrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officers and employees of the City. Section 902. Combining of Offices. Nhere the positions are not incompatible, the Council may combine in one person the powers and duties of two or more offices created or pro- vided for in the Charter. Section 903. Consolidation of Functions. The Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County govern- ment, or may make use of such functions of the State or County government, and in case of any such transfer or con- solidation, the provisions of this Charter providing for the function of the City government so transferred or consoli- dated, shall be deemed suspended during the continuance of 4- -19— such transfer or consolidation, to the extent that such suspen- sion is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consoli- dation. 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 com- pensation 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, be- fore entering upon the duties of his office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. Section 908. Nepotism. The Council shall not appoint to a salaried position under the City government, any person who is a relative by blood or marriage within the third degree of any one or more members of such Council, and neither shall any department head or other officer having appointive power appoint 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 hereto- fore or hereafter enacted, no appointment to any position under the City government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, pro- motion reduction, reward or punishment shall be in any manner aVected by such opinions, affiliations or service. I Article N. 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 organ- ization, functions, conduct and operation of the several offices and departments of the City, and may provide for the creation of additional departments, divisions offices and agencies, and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and re- assignment of divisions, offices and agencies to departments, -20— and for the number, title, qualifications, powers, duties and compensation of all officers and employees. Article XI. 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 Col- lege 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 mem- ber 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 appointment and an elector thereof at the time of such election or appointment. 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 California. 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 elec- tion, or until their successors are elected and qualified. The Board of Education in office at the time this charter is ap- proved 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 each biennial election, there shall be elected members 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 members 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 lie shall attend; pro- vided that he shall not receive more than tiventy dollars ($20.00) in any one month. Section 1105. Library Trustees. The control and adminis- tration of the San Luis Obispo Public Library 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. Thereafter 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. C,. —21— Section 1106. Powers and Duties. The powers and duties of the Library Board shall be such as are prescribed by ordi- nance of the City of San Luis Obispo and within the provi- sions thereof, it may make and enforce rules and regulations as may be necessary for the operation of the Library. 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 Council shall appoint either four or three members each two year respectively. 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 recreation activities of the City. Section 1109. Reports. The Park and Recreation Com- mission shall make full and complete monthly and annual re- ports to the City Administrative Officer and the City Council and such other reports as may be requested by these officials. Section 1110. Planning Commission. There shall be a City Planning Commission of seven members who shall serve without compensation for a four year term. The first commis- sion 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 Council shall appoint either four or three mem- bers each two ,years respectively. Any vacancy in the Commis- sion shall be filled by 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 Commis- sion 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. C_ -22— Section 1113. Removal of Members of Boards or Commis- sions. Any provision in this Charter to the contrary notwith- standing, the City Council shall have the right to remove any member of any board or commission appointed by the Council whether said member 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. Article XII. 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 ordi- nance provide a system for the assessment, 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 Offi- cer shall send to the Council a careful estimate, in writing of the amounts, speciying in detail the objects thereof required for the business and proper conduct of the various depart- ments, offices, boards and commissions of the City, over which he has control, during the next ensuing year. The City Admin- istrative Officer shall also at said time submit to the Council an estimate of the amount of income from fines, licenses, and other sources 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 re- viewing the proposed bud -et as submitted by the City Ad- ministrative Officer and making such revisions as it may deem advisable, the Council shall determine the time for balding 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 interested persons desiring to be heard shall be given such opportunity. Section 1204. Adoption of the Budget. After the con- clusion of the public hearing the Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be (4& — 23 • in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the Council may amend or supplement the budget by motion adopted by a majority vote of the Council. Section 1205. Tax Limit. (a) General. The Council shall not levy a property tax for municipal purposes other than for school purposes, for any fiscal year, greater than eighty-five cents (85¢) on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such addi- tional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made: 1. A tax sufficient to meet all obligations of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to exceed the limits here- inafter 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 em- ploy, at the beginning of each fiscal year, an independent certi- fied or registered public accountant who, at such time or times (O 24 — as may be specified by the Council, at least annually, shall ex- amine 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 dis- tributed to each member, one to the City Clerk, one to the City Treasurer, one to the City Administrative Officer and City At- torney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be avail- able 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 engineer- ing costs, for the construction or improvement of public build- ings, 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 respon- sible 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 re- ferred to therein, 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 successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. Section 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 approved 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 -25— effect by at least four affirmative votes of the Council may pro- ceed to have said work done in this manner stated, without further observance of the provisions of this article. Such con- tracts likewise may be let without advertising for bids, if such work shall be of urgent necessity 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 acquisition 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 manner pre- scribed 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 other- wise 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 occurrence and the extent of the in- juries or damages received, all other claims or demands shall be presented within ninety days after the last item on the ac- count or claim accrued, provided, however, that the Council may by four-fifths majority vote waive this provision 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 payment on account of said items shall be set out by an ordi- nance adopted by the Council. Article XIII. Franchises Section 1300. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, —26— firm or corporation, whether operating under an existing fran- chise or not, to furnish the City and its inhabitants with trans- portation, 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 con- venient for the furnishing thereof, or necessary or con- venient for traversing any portion of the City for the trans- mitting or conveying of any service elsewhere. The City Coun- cil 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 resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, 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 in- determinate 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 Utili- ties Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, there- unto 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 territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be ft —27— forfeited for non-compliance with its 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 franchise hereunder shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed,, such ac- ceptance shall constitute a continuing agreement of such gran- tee that if and when the City shall thereafter annex, or con- solidate with, additional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. 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 do- main, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance dam- age, 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 _28_ perform and be bound by each and all of the terms and condi- tions imposed in the grant or by procedural ordinance, and shall further agree to (a) Comply with all lawful ordinances, rules and regula- tions 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 facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, a per- centage, to be specified in the grant, of the gross annual re- ceipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section 1306. Exercising Rights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such fran- chise, shall be a misdemeanor, and each day that such condition continues to exist shall constitute a separate violation. Article XIV. 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 reg- ulations governing all city employees. Section 1401. Personnel Board or Personnel Hearing Board. The Council may, in its discretion, establish a Per- sonnel Board consisting of five members, with such terms as the Council may prescribe, or the Council may establish a Per- sonnel 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 disci- plinary 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 -29— 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 Coun- cil, and such Board would act only as an appeal board on dis- missals 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 Coun- cil shall have the power to enter into a contract with the State Personnel Board, or any other governmental or private per- sonnel agency, to furnish personnel services for the proper se- lection 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 in- stallation 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 elec- tion 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 for- feit his office or employment. Section 1404. May Become a Candidate. Nothing in Sec- tion 1403 shall be construed to prevent any full-time employee from seeking election or appointment to public office. Upon be- coming a candidate for public office, any such person shall request and be granted a leave of absence, without pay, to re- main in effect during the period of time such person is a can- didate. Section 1405. Salary and Wage Survey. The City Admin- istrative Officer may once each year, if the Council approves, make or have made, a study of salaries and wages being paid in other comparable public and private agencies, in order to ascertain whether the salaries and wages being paid the City officers and employees for similar work are comparable, and make recommendations to the City Council thereon. Section 1406. Retirement, State System. The City Coun- cil is empowered to enter into a contract with the Board of Administration of the California State Employees' Retirement System, as it now exists or may hereafter be amended, making the appointed officials and employees of the City of San Luis -30— Obispo, including the employees of the Public Library, mem- bers of the said system. It is provided, however, that the Coun- cil may terminate this contract with the Board of Administra- tion of the State Employees' Retirement 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 XV. Miscellaneous Provisions. Section 1500. Effective Date of Charter. This Charter shall tape 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 corporations, now or here- after 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, sub- section, 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, sentence, clause or phrase thereof irrespec- tive 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 prose- cuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter, 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 im- prisonment. 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 util- ity by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving or bettering -31— 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. 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 1500. Construction of Charter. The word "City" wherever it occurs in this Charter, means the City of San Luis Obispo, and every Commissioner, Commission, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. Section 1507. Definitions. When used in this Charter the masculine gender includes the feminine and neuter. The pres- ent tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is per- missive. "Oath" includes affirmation. We do further certify and declare that the foregoing consti- tutes a true and correct statement of the actions andproceed- ings had by the City of San Luis Obispo and the City Council of said City, in the matter of the framing proposal and sub- mission of said proposed Charter for the government of the City of San Luis Obispo, and in the calling, voting upon, and canvassing the returns and declaring the results of said elec- tion. IN WITNESS WHEREOF, we have hereunto set our hands and hereto affixed the seal of said City of San Luis Obispo, Cali- fornia, this 12th day of April, 1955. FRED H. LUCKSINGER (SEAL) -Mayor of the City of San Luis Obispo, California .JEAN H. FITZPATRICK City Clerk of the City of San Luis Obispo, California Resolved by the Senate of the State of California, the As- sembly thereof concurring, a majority of all the members elected to each house voting therefor, and concurring therein, That said proposed charter of the City of San Luis Obispo ratified by the electors of said city as aforesaid, as presented to, adopted and ratified by the qualified electors of said City of San Luis Obispo, be and the same is hereby approved as a whole, without amendment or alteration, as the charter of the City of San Luis Obispo. ENDOSED _32— In the Office of he state of CalifOrnstate ia MAY 181955 At 3---o'clock—__P—r--M• FRANK 14. JORDAN, Secretary of State By CHAS.1. HAGERTY Assistant Secretary of State H,,rold J. -Powers -------------------------- President of the Senate ------ Speaker of the Assembly Attest: ?� , Secretary of State Seal Senate Concurrent Resolution No. 63 Adopted in Senate May 13, 1955 Assembly Vote Senate Vote Ayes-------- Ayes -------- Noes-------- Noes -------- -J ` A ° Se 1r`�etary of the Senate Adopted in Assembly May 16, 1955 Chief Clerk of the Assembly This resolution was received by the Secretary of State this day of____; y yr -----,1955, at ---3 ---- O'clock - amu. -----------s,J, eta ------- Assistant Secretary o State C —3— CIIAPTER_/ _l-? Senate Concurrent Resolution No. 63—Approving the charter of the City of San Luis Obispo, State of California, ratified by the qualified electors of said city at a general municipal election held therein on the fourth day of April, 1955. WHEREAS, The City of San Luis Obispo, in the County of San Luis Obispo, State of California, contains a population in excess of 3,500 inhabitants; and WHEREAS, Proceedings have been had for the proposal, adop- tion and ratification of a new charter of the City of San Luis Obispo, as set out in the certificate of the mayor and the city clerk of said City of San Luis Obispo, to wit: c CERTIFICATE OF PROCEI:DINQS DIAD AND TAKEN BY THE CITY OF SAN LUIS OBISPO IN FRAMING A CHARTER FOR ITS OWN GOVERNMENT. ' STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO SS. CITY OF SAN LUIS OBISPO We, the undersigned, Fred H. Lucksinger, Mayor of the City of San Luis Obispo, County of San Luis Obispo, State of California, and Jean H. Fitzpatrick, City Clerk of said City and Ex -officio Clerk of the City Council of said City, do hereby certify and declare as follows: That the undersigned, said Jean H. Fitzpatrick, was at all the times herein mentioned, the Clerk of the Legislative Body of said City and City Clerk of said City of San Luis Obispo; that heretofore and prior to the 19th day of February, 1955, the said City Council of the City of San Luis Obispo did cause to be framed a proposed charter for its own government, and on the 19th day of February, 1955, at a duly held meeting of said City Council of said City, said City Council by Resolution No. 1415 (New Series) ordered said City Clerk to place'the proposition of the adoption of said proposed charter on the ballot at the general municipal election ordered in the City of San Luis Obispo for the 4th day of April, 1955, for the purpose of submitting said proposition to the electors of said City of San Luis Obispo, and which resolution ordered that said charter be filed with the City Clerk of the City of San Luis Obispo; that said proposed charter of the City of San Luis Obispo was filed in the office of the City Clerk in the City Hall at San Luis Obispo, on the 19th day of February, 1955, and said resolution further ordered that the adoption of the C► -4— charter should be submitted to the electors at said general municipal election held on the 4th day of April, 1955, and directed that said City Clerk publish said proposed charter in the Telegram -Tribune, a newspaper of general circulation, printed and published in the City of San Luis Obispo; that said notice was given by the said City Clerk in the notice here- after referred to informing the electors that copies of the Charter could be secured at the City )=call; That said proposed charter was published pursuant to said order in said newspaper and in each edition thereof during the publication on the 21st day of February, 1955, said newspaper being of general circulation in said City of San Luis Obispo; that the date of such publication was within fifteen days after the said charter was filed in the office of said Clerk of said City Council; that the date set for the submission to the elec- tors of said proposed charter, to wit: April 4, 1955, was not less than forty days nor more than sixty days after the com- pletion of the advertising in said official paper, as aforesaid; That until the day fixed for the election there was adver- tised in the Telegram -Tribune, a newspaper of general circula- tion printed and published in the City of San Luis Obispo, a notice that copies of said charter were available in the office of the City Clerk of the City of San Luis Obispo and could be secured upon application therefor at said office; that such cop- ies were so available. That the population of said City of San Luis Obispo is more than three thousand five hundred (3,500) and less than fifty thousand (50,000) inhabitants as ascertained by the last pre- ceding census taken under the authority of the Congress of the United States; That said election was duly and regularly called and held on the 4th day of April, 1955; That at said election a majority of the qualified voters voting hereon voted in favor of said proposed charter. That the said City Council of the City of San Luis Obispo at a meeting held on April 12, 1955, at the time and in the manner provided by law and in accordance with the law in such cases made and provided, duly canvassed the returns of said election, and duly found, determined and declared that a majority of said electors voting thereon had voted in favor of said proposed charter, and that the same was adopted and rati- fied by more than the majority of the qualified voters of the City of San Luis Obispo voting thereon, as follows, to -wit: Votes in favor of the adoption and ratification of said proposed charter _______________________________ 1442 Votes against the adoption and ratification of said proposed charter -------------------------------- 1178 e_ —5— That said election was held in accordance with the existing Charter of the City of San Luis Obispo and in accordance with the laws of the State of California where applicable; That in all matters and in all things pertaining to said Char- ter, all of the provisions of Section S; Article XI of the Con- stitution of the State of California and the laws of said State, have been fully complied with in each and every particular. That said proposed charter, if approved by the Legislature, shall replace the present charter of said city; That said charter so proposed, filed, adopted and ratified as herein set forth, is in the words and figures following, to Wit: CITY CHARTER OF TI3E CITY OF SAN LUIS OBISPO We, the people of the City of San Luis Obispo, State of Cali- fornia, do ordain and establish this Charter, as the organic law of said City, under the Constitution of the State of California. Article I. Incorporation and Succession y Section 100. Name of the City. The 11lunicipal Corpora- tion now existing and known as "The City of San Luis Obispo" shall remain and continue a body politic and corpo- rate, 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 munici- pality, and is hereby declared to be the successor of the same. It shall be subject to all liabilities that now exist against this municipality. Section 103. Ordinances. All lawful ordinances, resolu- tions, rules and regulations or portions thereof, in force at the time this Charter takes effect and not in conflict with or incon- sistent ntinued in have been duly repealed, amenIforce amended, changed superseded by proper authority. Section 104. Continuance of Contracts and Public Im- provements. All contracts entered into by the City, or for its benefit, prior to the effective date of this Charter, shall con- tinue 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 discretion of the City Council, may be carried to completion as nearly as practicable -6 - 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 contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any offi- cer, office, department or agency a party thereto, may be as- signed or transferred by or under this Charter to another officer, office, department or agency, but in that event, the same may be prosecuted or defended by the head of the office, de- partment 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 Em- ployees. The members of the City Council and Board of Edu- cation 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 ap- pointed 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. 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 regula- tions in respect to municipal affairs, subject only to such re- strictions and limitations 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 privi- leges 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 Califor- nia. 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 procedure established by any law of the State, unless a different procedure is established by ordi- nance. 7 — Article III. Elections. Section 300. General Municipal Elections. General mu- nicipal elections to fill elective offices shall be held in said City on the second Tuesday in April in each odd numbered year beginning with the year 1957. Section 301. Special Municipal Elections. All other mu- nicipal 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 elec- tions 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 pro- visions 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 elections 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 Coun- cilman 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 Gov- ernment. The municipal government provided by this Char- ter shall be known as the "Council -Administrative Officer" form of government. Article V. The Elective Officers. Section 500. Enumeration. The elective officers of the City of San Luis Obispo shall be a Mayor and four Council- men, and five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all ques- tions coming before the Council. ) —8— Section 501. Elected at Large. The Mayor and Council- men shall be elected at the general municipal 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 viola- tion of his official duties, or ceases to be a resident of the City, or neglects to qualify within the time prescribed by the provi- sions 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 like 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 election and until his suc- cessor is qualified and elected. Section 601. Powers and Duties. The Mayor shall be President of the City Council and shall preside at all its meet- ings 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 public danger or emergency, he may, with the consent of the Council, take com- mand of the police, maintain 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 law or ordinance or by resolution 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 tem- porary 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. Section 604. Compensation. The Mayor shall receive Sig Hundred Dollars ($600.00) a year compensation for his -9— services as such, payable monthly, except to the extent here- tofore or hereafter approved by the electorate, but the Mayor shall receive reimbursement on order of the Council for Coun- cil authorized traveling and other expenses when on official duty. 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 thereafter two members shall be elected alternately at each succeeding biennial election. The terms of each elected member shall commence on the first day of May 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. The Councilmen shall receive Five Hundred Dollars ($500.00) a year, payable monthly, compensation for their services as such, except to the extent heretofore or hereafter approved by the electorate, but the members of the Council shall receive reimbursement on order of the Council for Council authorized traveling and other ex- penses when on official duty. 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 expiration of the term for which he was elected. Section 704. Administering Oaths. Subpoenas. Each mem- ber of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Sub- poenas 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. J — 10 — 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 des- ignated the Council of the City of San Luis Obispo. Said Council shall be the governing body of the City and, subject to the express limitations of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a com- plete system of local government consistent with the constitu- tion of the State. Section 706. Meetings of Council. The Council shall, by ordinance or resolution, provide for the time and place of hold- ing its meetings and the manner in which its special meetings may be called. Section 707. Meetings to be Public. All legislative ses- sions 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 transaction of business, but a less number may adjourn from time to time and postpone the con- sideration of pending business. Section 709. Rules of Proceeding. The Council shall de- termine its own rules of procedure, may punish 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 restrictions in this Charter contained, and the delegation by this Charter of any powers to any person, officer, board, or commission, which delegation of power, 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 inhabit- ants and which are not specifically forbidden by the Constitu- tion of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. Section 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 Treas- urer, a City Attorney, a City Clerk -Assessor, a Library Board, a Planning Commission, and a Park and Recreation Commis- sion. C —11— (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 under- ground of all telephone, telegraph, electric light or other wires within the city, or within any designated portion thereof, and to regulate 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. 3,Tethod of Action by Council. All action by the Council shall be taken only by means of ordinance, reso- lution, or oral motion duly made and passed. Section 713. Ayes and Noes. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the recmest 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. 1 ajority Tote 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 Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo. " Section 716. Requirements of Ordinances. With the sole exception of ordinances which take effect upon adoption re- ferred to in this article, no ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. Section 717. Emergency Ordinances. Any ordinance de- clared by the Council to be necessary as an emergency measure — 12 — for preserving the public peace, health or safety, and contain- ing 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 its final passage, unless otherwise provided in said ordinance or measure. provided, however, that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinbefore provided, ordinances ordering or otherwise relating to elections, ordi- nances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. Section 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 sec- tion shall be void. Section 720. Codification of Ordinances. Any or all ordi- nances 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 Cali- fornia as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of build- ings, plumbing and wiring, fire prevention and similar matters, when arranged. as a comprehensive code, may likewise be adopted by reference in the manner provided by state law. Section 721. Repeal. No ordinance nor section thereof shall be repealed except by an ordinance adopted in the man- ner 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 Mon- day 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 a — 13 — redressed in the manner provided by the general law of the State. Section 724. Public Work 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 resolu- tion authorizing 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 (9017c) 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 (9017o) of the contract price before the completion and accept- ance of the work. (3) Public Work to be Done by Contract. In the erection, improvement 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 fur- nishing 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 exceed the sum of Two Thous- and Dollars ($2,000.00), three informal bids are required; when over Two Thousand Dollars ($2,000.00), formal 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, however, the Council may by a three fifths (D vote reject any and all bids, if deemed excessive or otherwise contrary to the best interests 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 Administrative Officer, pro- vided the total cost submitted by the City Administrative Offi- cer shall not exceed the lowest acceptable 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 esti- mate 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 Department of Public Works, and the said J )1 —14— 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 coni:racts to do such work as the lowest responsible 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 subcon- tractors, or by any other person or persons, such la- borers, 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 pref- erence, other qualifications being equal. (b) When making purchases for any department of the City, local merchants shall be given the preference, qual- ity, price and service being commensurate. Section 725. Sale or Lease of City Property. The follow- ing regulations shall be applicable to City -owned property: No sale or lease of real property nor any sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease 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 O of all the members of the Council. Section 726. Oficial Bonds. The Council shall, by ordi- nance or resolution, determine what officers and other persons in the service of the City shall give bond either of an indi- vidual type or be included in a master bond, for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond or bonds, and each of such officers and other persons shall before entering upon the duties of his office or employment, execute a bond to the City in the penal sum provided by such ordinance or resolution, including in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined and approved by the Council. All bonds when ap- proved shall be filed with the City Clerk, except the City Clerk's bond, if any, which shall be filed with the City Admin- istrative 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 provided. In all cases –where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. 15 — Article VIII. City Administrative Officer Section 800. Tenure of the City Administrative Officer. The City Administrative Officer shall hold office for and dur- ing 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 no- tice of said intention shall be published at least once in a news- paper 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 crim- inal 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 of retention or re- moval of the City Administrative Officer is considered, the City Administrative Officer shall have the right to present such evidence in his own behalf as he may desire, but the City Coun- cil shall use its uncontrolled 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 municipal 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 observe 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 pre- ceding section as to the removal of said City Administrative Officer shall apply and be effective. Section 801. Qualifications. The City Administrative Offi- cer shall be chosen on the basis of his executive and adminis- trative 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 appointment, but during his tenure of office, he shall reside within the City. The City Administrative Officer shall be ap- pointed 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. Section 803. Salary. The City Administrative Officer shall be paid a salary commensurate with his duties and re- sponsibilities. 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, determination or omission of the Administrative Officer shall be subject to re- view by the Council, but the Council may not overrule, change or modify any such action, determination or omission except by an affirmative vote of at least three members of said Coun- cil. The Administrative Officer shall be responsible for the effi- cient administration of all the affairs of the City which are under his control. In addition to his general powers as ad- ministrative head, and not as a limitation thereon, it shall be his duty, and he shall have the powers set forth in the follow- ing sub -sections: (1) Appoint and, when necessary for the good of the service, discipline 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, park 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 including the annual report of all the departments of the City. E —17— (3) Make such recommendations to the Council or Board of Equalization regarding the annual assessment roll as he may deem advisable. (4) Act as purchasing agent for all departments of the City; provided, 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 supplies, materials, and equipment required by any office, department or agency of the City government and recommend them to the Council 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 snake 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 there- after, inventory and appraise the value of all real estate, build- ings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof and maintain a perpetual inventory. One copy of such inventory 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. (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, con- tracts, 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 Commission, Library Board, and any other commissions or boards heretofore 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. 2—scR 63 (15) Perform such other duties as may be prescribed by this Charter 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 partici- pate in the deliberations 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 Administra- tive Officer Pro Tempore during any absence or disability of the City Administrative Officer. Section 805. Ineligible Persons. No person related to the City Administrative Officer by consanguinity or affinity within the third degree shall hold any appointive office or employ- ment with the City. Article IX. Officers and Employees. Section 900. Officers and Employees. General. The offi- cers 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 Attor- ney, and such other or subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide for. The City Clerk -Assessor, City Attorney and City Treas- urer 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 re- moved as provided by Section 800 of this Charter. All other officers and department heads of the City shall be appointed by and may be removed by the City Administrative Officer, except as in this Charter otherwise provided. Section 901. Duties of Officers and Employees. After ob- taining and considering the recommendations of the City Ad- ministrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officers and employees of the City. Section 902. Combining of Offices. Where the positions are not incompatible, the Council may combine in one person the powers and duties of two or more offices created or pro- vided for in the Charter. Section 903. Consolidation of Functions. The Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County govern- ment, or may make use of such functions of the State or County government, and in case of any such transfer or con- solidation, the provisions of this Charter providing for the function of the City government so transferred or consoli- dated, shall be deemed suspended during the continuance of C —lg_ such transfer or consolidation, to the extent that such suspen- sion is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consoli- dation. 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 com- pensation 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, be- fore entering upon the duties of his office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. Section 906. Nepotism. The Council shall not appoint to a salaried position colder the City government, any person who is a relative by blood or marriage within the third degree of any one or more members of such Council, and neither shall any department head or other officer having appointive power appoint 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 hereto- fore or hereafter enacted, no appointment to any position under the City government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, pro- motion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or service. Article N. 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 organ- ization, functions, conduct and operation of the several offices and departments of the City, and may provide for the creation of additional departments, divisions, offices and agencies, and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for tine assignment and re- assignment of divisions, offices and agencies to departments, I -20— and for the number, title, qualifications, powers, duties and compensation of all officers and employees. Article XI. 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 Col- lege situated within the boundaries of the San Luis Obispo IIigh 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 mem- ber of the Board of Education must have been a resident of the San Luis Obispo IIigh School District for at least three years preceding the date of his election or appointment and an elector thereof at the time of such election or appointment. 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 California. 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 elec- tion, or until their successors are elected and qualified. The Board of Education in office at the time this charter is ap- proved 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 each biennial election, there shall be elected members 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 members of the Board for the unexpired term thereof. Section 1101. 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; pro- vided that he shall not receive more than twenty dollars ($20.00) in any one month. Section 1105. Library Trustees. The control and adminis- tration of the San Luis Obispo Public Library 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. Thereafter 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. 0 — 21 — Section 1106. Powers and Duties. The powers and duties of the Library Board shall be such as are prescribed by ordi- nance of the City of San Luis Obispo and within the provi- sions thereof, it may make and enforce rules and regulations as may be necessary for the operation of the Library. 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 Council shall appoint either four or three members each two year respectively. Any vacancy in the Board shall be filled by the Council for the a expired term. Section 1108. Powers and Duties. The powers aid 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 recreation activities of the City. Section 1109. Reports. The Park and Recreation Com- mission shall make full and complete monthly and annual re- ports to the City Administrative Officer and the City Council and such other reports as may be requested by these officials. Section 1110. Planning Commission. There shall be a City Planning Commission of seven members who shall serve without compensation for a four year term. The first commis- sion 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 Council shall appoint either four or three mem- bers each two ,years respectively. Any vacancy in the Commis- sion shall be filled by 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 Commis- sion 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. J� —22— Section 1113. Removal of Members of Boards or Commis- sions. Any provision in this Charter to the contrary notwith- standing, the City Council shall have the right to remove any member of any board or commission appointed by the Council whether said member 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. Article XII. 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 ordi- nance provide a system for the assessment, 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 Offi- cer shall send to the Council a careful esti3nate, in writing, of the amounts, specifying in detail the objects thereof required for the business and pro Per conduct of the various depart- ments, offices boards and commissions of the City, over which he has control during the next ensuing year. The City Admin- istrative Ofncer shall also at said time submit to the Council an estimate of the amount of income from fines, licenses, and other sources 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 re- viewing the proposed budget as submitted by the City Ad- ministrative Officer and making suer 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' interested persons desiring to be heard shall be given such opportunity. Section 1204. Adoption of the Budget. After the con- clusion of the public hearing the Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be r 23 — in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the Council may amend or supplement the budget by motion adopted by a majority vote of the Council. Section 1205. Tax Limit. (a) General. The Council shall not levy a property tax for municipal purposes other than for school purposes, for any fiscal year, greater than eighty-five cents (85¢) on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such addi- tional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made: 1. A tax sufficient to meet all obligations of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to exceed the limits here- inafter 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 1205. Independent Audit. The Council shall em- ploy, at the beginning of each fiscal year, an independent certi- fied or registered public accountant who, at such time or times —24 -- as may be specified by the Council, at least annually, shall ex- amine 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 reportshall be submitted by such accountant to the Council, one copy thereof to be dis- tributed to each member, one to the City Clerk, one to the City Treasurer, one to the City One Officer and City At- torney, respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be avail- able for inspection by the general public. Section 1207. Public tijrork to be Done by Contract. Every project involving an expenditure of public monies of more than Two Thousand Dollars ($2,000.00) exclusive of engineer- ing costs, for the construction or improvement of public build - Ings, works, drains, sewers, utilities, parka la streets (exclusive of projects for resurfaci11a playgrounds c and repair of streets) shall be let be o maintenance and respon- sible bidder after notice b � contract to the loi, e. t City of San Luis Obispo by one publication in a newspaper in the Which shall be at least ten days before the time 4for opening bids. the first of 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 secur ty shall be in an amount not less than that specified in the notice inviting bids or in the specifications re- ferred to therein, or if no amount be so specified then in an amount not less than ten per cent amount (10 0) of the aggregate to enter into the bid. If the successful bidder neglects or refuses to the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amoun collected and paid into such fund. t thereof Section 1209. Council's Authority to Reject all Bids. The Council may reject any and all bids resented and may advertise in its discretion. p Section 1210. Y re - City May Perform Work. after rejecting bids, or if no bids are received may Council, determine that in its Opinion, based on estimates approved the City Administrative Officer, the work in Y declare and performed better or onmay by own employees and after the adoptioneconomicalof a resolution may this -25— effect by at least four affirmative votes of the Council may pro- ceed to have said work done in this manner stated, without further observance of the provisions of this article. Such con- tracts likewise may be let without advertising for bids, if such work shall be of urgent necessity 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 acquisition 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 t scribed by ordinance of the Councilhe manner pre - Section 1213. Action Against the City. (a) No suit shall be bought 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 other- wise 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 occurrence and the extent of the in- juries or damages received, all other claims or demands shall be presented within ninety days after the last item on the ac- count or claim accrued, provided however, that the Council may by four-fifths majority vote waive this provision 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 no prohibit payment on invoice claims for goods, wares materialst and/or services supplied to the City, and the provisions for Payment on account of said items shall be set out by an ordi- nance adopted by the Council. Article XIII. Franchises Section 1300. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, l j —26— s firm or corporation, whether operating under an existing fran- chise or not, to furnish the City and its inhabitants with trans- portation, communication, terminal facilities, water, light, f, 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 con- venient for the furnishing thereof,- or necessary or con- j venient for traversing any portion of the City for the trans- mitting or conveying of any service elsewhere. The City Coun- cilmay 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 resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is ch resolution shall fix and set forth proposed to be granted. Su 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 news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the f said resolution. At the time set passage o for the hearing, the City Cou nczl shall p roceed to hear and ass 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 in- determinate 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 Utili- ties Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, there- unto 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 territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be j —27— forfeited for non-compliance with its terms by the possessor thereof. Section 1303. Grant to be in Lien 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 tinder 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 NI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed,, such ac- ceptance shall constitute a continuing agreement of such gran- tee that if and when the City shall thereafter annex, or con- solidate with, additional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. Section 130. 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 do- main, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance dam- age, 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 condi- tions imposed in the grant or by procedural ordinance, and shall further agree to: (a) Comply with all lawful ordinances, rules and regula- tions 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 facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, a per- centage, to be specified in the grant, of the gross annual re- ceipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section 1305. Exercising Rights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such fran- chise, shall be a misdemeanor, and each day that such condition continues to exist shall constitute a separate violation. Article XTV. Personnel System. Section 1100. 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 reg- ulations governing all city employees. Section 1101. Personnel Board or Personnel Hearing Board. The Council may, in its discretion, establish a Per- sonnel Board consisting of five members, with such terms as the Council may prescribe, or the Council may establish a Per- sonnel 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 disci- plinary 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 -29— 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 Coun- cil, and such Board would act only as an appeal board on dis- missals 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 Coun- cil shall have the power to enter into a contract with the State Personnel Board, or any other governmental or private per- sonnel agency, to furnish personnel services for the proper se- lection 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 in- stallation 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 elec- tion 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 for- feit his office or employment. Section 1404. May Become a Candidate. Nothing in Sec- tion 1403 shall be construed to prevent any full-time employee from seeking election or appointment to public office. Upon be- coming a candidate for public office, any such person shall request and be granted a leave of absence, without pay, to re- main in effect during the period of time such person is a can- didate. Section 1405. Salary and Wage Survey. The City Admin- istrative Officer may once each year, if the Council approves, make or have made, a study of salaries and wages being paid in other comparable public and private agencies, in order to ascertain whether the salaries and wages being paid the City officers and employees for similar work are comparable, and make recommendations to the City Council thereon. Section 1406. Retirement, State System. The City Coun- cil is empowered to enter into a contract with the Board of Administration of the California State Employees' Retirement System, as it now exists or may hereafter be amended, making the appointed officials and employees of the City of San Luis -30— Obispo, including the employees of the Public Library, mem- bers of the said system. It is provided, however, that the Coun- cil may terminate this contract with the Board of Administra- tion of the State Employees' Retirement 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 XV. Miscellaneous Provisions. Section 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 corporations, now or here- after 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, sub- section, 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, sentence, clause or phrase thereof irrespec- tive 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 prose- cuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter, 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 im- prisonment. 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 fail 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 util- ity by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving or bettering E —31— 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. 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, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. Section 1507. Definitions. When used in this Charter the masculine gender includes the feminine and neuter. The pres- ent 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 "11Iay" is per- missive. "Oath" includes affirmation. We do further certify and declare that the foregoing consti- tutes a true and correct statement of the actions and proceed- ings had by the City of San Luis Obispo and the City Council of said City, in the matter of the framing, proposal and sub- mission of said proposed Charter for the government of the City of San Luis Obispo, and in the calling, voting upon, and canvassing the returns and declaring the results of said elec- tion. IN WITNESS WHEREOF, we have hereunto set our hands and hereto affixed the seal of said City of San Luis Obispo, Cali- fornia, this 12th day of April, 1955. FRED H. LUCKSINGER (SEAL) Mayor of the City of San Luis Obispo, California JEAN H. FITZPATRICK City Clerk of the City of San Luis Obispo, California Resolved by the Senate of the State of California, the As- sembly thereof concurring, a majority of all the members elected to each house voting therefor, and concurring therein, That said proposed charter of the City of San Luis Obispo ratified by the electors of said city as aforesaid, as presented to, adopted and ratified by the qualified electors of said City of San Luis Obispo, be and the same is hereby approved as a whole, without amendment or alteration, as the charter of the City of San Luis Obispo. F] ENDORSED 32 FILED of tho of to thef the Stat of cta( nstats la MAY 181955 At 3 _o'ciock-_P.-.-W FRAM( td. JORDAN, Secretary of State By CHAS. J. HAGERTl Assistant Secretary of State President of the Senate ? i%) I! f ; 6 jf i L�; ��Lincoln Speaker of the Assembly ^- Attest: Secretary of State