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1978 CHARTER COMMITTEE - 1978;�Il:.;;:,,:ilI� III iiI'il 111 il�;i�•ii lil I,�II!"'�I,I'� 11j �!II �Ilil ;II _:..::-.::!'•gym,;^, �1^ Ph iCR�iaa:ixa���'iamEa�::��� MEMO .1;;;i. MIA cit ® SA'" tUISOBIS"PO ADMINISTRATIVE OFFICE Post Office Box 321 o San Luis Obispo, CA 93406 a 805/541-1000 January 6, 1978 From:. Management Team By: Richard D. Miller, Administrative Officer J. H. Fitzpatrick, City Clerk To: . Charter Committee The City Council has asked that the management staff meet with the charter committee to present our recommendations on the proposed charter of August 16,. 1976. The following persons have met and discussed the various provisions at length and have delegated the administrative officer and city clerk to make this presentation on our behalf: Henry Engen, Allen Grimes, Gordon Johnson, Richard Minor, Rudy Muravez, Roger Neuman, Wayne Peterson, David Romero and James Stockton. We would like to make the following recommendations: (1) Section 109. Violation of Charter. The second paragraph should read, "The City Administrative Officer shall be responsible for the enforcement of the provisions of the charter." (2) Section 402. Elected at Large. The proposed charter should include the May 23, 1977 wording for this section. However, option "B" providing for numbered seats should also be submitted to the voters. (3) Section 404. Terms of Office. The May 23, 1977 wording should be included. Option "C" providing for a four-year term for the mayor should also be submitted to the voters. There should be no limit in the length of tenure for mayor and councilmen other than the vote of the people. (4) Section 405. Vacancies. These should be filled by council appointment but only to the next regular municipal election. If a vacant council term filled by interim appointment still has two years to go at the time of the next regular municipal election, the election to this seat should be separated from the election for the other council candidates. Charter Committee January 6, 1978 Page 2 (5) Section 409. Council Compensation. No comment. (6) Section 606. Amending Ordinances. Second clause beginning with the word "but" and ending with the words "as amended;" should be deleted. (7) Section 713. Tenure --of the Administrative Officer. Following Section 712, Section 800 of the 1955 charter should be restored in its entirety as Section 713. (8) Section 707. Nepotism. Section 906 of the 1955 charter should be restored but with the following wording added: "Nothing herein shall prevent the City Administrative Officer from supplementing the provisions of this section." (9) Section 708. Political and Religious Tests. .The following wording should be substituted: "Equal Opportunity Employment. All persons seeking employment with the city and all city employees shall be treated equally and without discrimination prohibited by federal, state or local laws." (10) Article IX. Public Works and Contracts. Sections 901-908. The manner in'which these sections are now worded pre- sents several technical difficulties. This article should be referred to the City Attorney for re -working. He should select an ad hoc committee consisting of technical and lay persons to assist him in this task. (11) Section 1.102. Personnel Board. This should be changed to read: "The council may establish a personnel board consisting of five (5) members whose duties shall be advisory only." (12) Section 1104. Employee Candidacy for Public Office. The second sentence.should read: "Upon becoming a candidate for elective office for the City of San Luis Obispo, any such person shall request, etc. ." RDM:mp c.c. Honorable Mayor and City Council January 20, 1978 P.S. Attached is a legislative draft prepared by the city attorney which shows how the unsuccessful proposed charter dated August 16, 1976 would look if the suggestions of management staff were accepted. RDM:mp Fav 5 1878 CITY OF SAN LUIS OBISPO CHARTER MEASURES SHALL THE PROPOSED CHARTER OF THE YES A CITY OF SAN LUIS OBISPO BE ADOPTED?. NO SHALL THE PROPOSED ALTERNATIVE B SECTIO.; 402 OF THE CHARTER PROVIDING YES FOR NUMBERED COUNCIL SEATS BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 402 OF THE CHARTER PROVIDING YES C FOR A TEM-- OF FOUR (4) YEARS FOR THE OFFICE OF MAYOR BE ADOPTED? NO S£E�Ie�-494-AF-TH£-EHA�£R-��=1���wS D �H£-�L!L�4- YES $H86ESSlVE-TER:4S-BE-AD9PTE$.2 NO SI==E--F^A�4=g—L�PrF�F� YES gg-- - N.0 (AS 140DIr ISD 3Y i?A.i'JAGci!E:1T ^c�? 1) SHALL THE PROPOSED ALTEMNATIVE YES SECTION 409 OF THE CHARTER PROVIDING F FOR A :IETHOD OF DETERMINING COM- PENSATIOv FOR MEZMBERS OF THE N0 COUM;CIL BE ADOPTED? (r10 coy.=: -:,ENT) SFesLH—THE—PRAP9SSB'9 ALTER' YES SLA_=g:;-}�A�-Ai--SHL-Ez.-'taR�ER-?F.�I'.?tr G THE -EST i3B:7 7�L BOARD— '�<g=��A1cY-3L—ABAPr�A? NO C C I T Y C H A R T E R Jon the CITY os SAN LUIS .OBISPO Revised August 16, 1976 With Recommendations for Revision By City Management Staff January 5, 1978. C: DETAILED TABLE OF CONTENTS AND REFERENCE TO 1955 CHARTER Old No. New No. Brief Title New No. Brief Title 1. INCORPORATION AND APPLICATION 100 101. Name of City 101 102. Boundaries 1500 103. Effective Date 104. General Law Applicable 1501 105. Amendments to Charter1_ 1505 106. Definitions -1507 107. Conflicts :_ 108. Validity of Charter 1502 109. Violations of Charter 1503 2. FOPUNI AND PO1dERS OF MUNICIPALITY 400 201. Form of Government 705 202. Governing Body 200-201 203. Powers of City 1000 204. Organization of City 205. Consolidation of Function 903 3. MUNICIPAL ELECTIONS 302 301. Procedure 300 302. General Elections 301 303. Special Elections 304. Initiative, Referendum 303 4. ELECTIVE OFFICIALS 501. 401. Enumeration 500 402. Elected at large 501-700 403. Eligibility 304 404. Terms of Office 600-700 405. Vacancies 02-701 5 502-602 406. Powers of Mayor 506. 407. Mayor Pro Tempore 603 703 408. No Other Office 604-702 409. Compensation Tax Limitations 5. COUNCIL PO:dERS AND PROCEDURES 501. Powers of Council 710-711 502. Meetings of Council 706-0078 603. Enactment 15 718 503. Quorum 709 504. Procedures 719 505. Voting 713 714 506. Majority Rule 704 507. Oaths and Subpoenas 723 508. Limitations 807. 6. LEGISLATIVE ACTIONS 712 601. Method of Action Fiscal 602. Requirements of Ordinances716 603. Enactment 15 718 604. Effectiveness 717 605. Emergency Legislation 719 606. Amendments 721 607. Repeal 720 608. Codification 723 --- TTZ ., ,*; An 807. Old No. 7. APPOINTIVE OFFICIALS 701. General Description 9900 702. Duties 804 01 703. City Admin.Off icer 801 704. Qualifications 705. Tenure of Admin.Officer 8802 706. Council Eligibility Fiscal 707. Combining Offices 802 708. Nepotism 805-906 709. Equal Opportunity Employment 710. Employment Policy 804. 711. Oath of office 905 712. Compensation 803-904 713. Bonds 726 8. FISCAL ADMINISTRATION 1001. 801. Fiscal Year 1200 802. Annual Budget 1202 803. Public Hearing- Budget 1204 804. Budget Adoption Duties of Grantee 805. Grants and Subsidies 1202. 806. Public Utility Income 1504 807. Tax Limitations 1205 808. Accounts Payable 1212 809. Claims against City 1213 810. Audits 1206 9'. PUBLIC WORKS AND CONTRACTS Provisions of this Article have been referred to City Attorney for reworkir_�. He is to select an ad hoc connunittee consisting of technicaZ and lay persons to assist him in this task. 10. LICENSES AND FRANCHISES 1001. Granting Franchises 1300 1002. Intent 1301 1003. Term 1302 1004. In Lieu 1303 1304 1005. Eminent Domain 1305 1006. Duties of Grantee 1306 1007. Violations 1202. 11. PERSONNEL ADMINISTRATION 1101. Rules and Regulations 1400 1102. Personnel Board 1401 1103. Political Activities 1403 1104. Employee Candidacy 1404 1406 1105. Retirement 12. BOARDS AND =LMISSIONS 1201. Authority 1202. Eligibility and Appointment Vacancies .1203. 1204. By-laws and Procedures SAN LUIS OBISPO CHARTER ARTICLE I. INCORPORATION AND APPLICATION Parr•. i SECTION 101. NA. -TE OF THE CITY. The 'Municipal Corporation now existing and known as "The City of San Luis -Obispo" shall remain and continue a body politic and corporate, as at. present, in fact and in law, and by such name shall have perpetual succession. SECTION 102. BOUNDARIES. The boundaries of the City of San Luis Obispo shall continue as now established until changed in a manner authorized by law. SECTION 103. EFFECTIVE DATE OF CHARTER. This Charter shall not take effect until accepted and filed by the Secretary of State pursuant to the provisions of Section 34464 of the Govern- ment Code. SECTION 104. GENERAL LAW APPLICABLE. All general laws of the State applicable to municipal corporations, now or -hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, shall be applicable to the City. SECTION 105. AMENDMENTS. This Charter may be amended in accordance with the provisions of the Constitution and laws of the State of California. SECTION 106. DEFINITIONS. When used in this Charter the masculine gender includes the feminine and neuter. The present tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is permissive. "Oath" includes affirmation. The word "City" wherever it occurs in this Charter, means the City of San Luis Obispo, and every Commissioner, Commission, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. SECTION 107. CONFLICTS. Any municipal ordinance, resolution, or motion duly approved by the City Council which is in -effect at the time this Charter is made effective shall continue in force unless it is in conflict with any provision of this Charter, at which time it shall become null and void. SECTION 108. VALIDITY OF CHARTER. If any section, subsection, sentence, clause or phrase of this Charter is for any reason held to be unconstitutional or void, such decision shall not effect the validity of the remaining separable portions of this Charter. The people of the City of San Luis Obispo hereby declare that they would have adopted this Charter and each section, sub -section, clause or phrase thereof irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional or void. in1ki F !070 SAN LUIS OBISPO CHARTER PAGE 2 SECTION 109. VIOLATION OF CHARTER. The violation of any provision of this Charter shall be deemed a mis- demeanor, and may be prosecuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter shall be a fine of not exceed- ing one thousand dollars ($1,000.00) or by imprisonment for a term of not exceeding one year or by --both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned in the city jail, or in the county jail of the county in which the City of San Luis Obispo is situated. The City Eet:aell Administrative Officer eelleet4vely shall be responsible for the enforcement of the provisions of the Charter. ARTICLE II. FORD[ AND POWERS OF MUNICIPALITY SECTION 201. FORM OF GOVERNMENT. The.municipal government provided by this Charter shall be known as the "Council -Mayor -Administrative Officer" form of municipal government. SECTION 202. GOVERNING BODY. All powers herein granted to and vested in the City of San Luis Obispo shall,. except as herein otherwise provided, be exercised by a Council to be designated the Council of the City of San Luis Obispo. Said Council shall be the governing body of the City and, subject to express limitations of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the Con- stitution and laws of the State of California. SECTION 203. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitation as may be provided in this Charter and in the Constitution and laws of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corpora- tion might or could exercise under the Constitution and laws of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of or any limitation upon this general grant of power. SECTION 204. ORGANIZATION OF CITY GOVERNMENT. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall provide by ordinance or resolution, not inconsistent with this Charter, for the powers and duties of all officials and employees of the City and for the organization, function, conduct, and operation of the several departments of the City and may provide for the creation of additional departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition. SAN LUIS OBISPO CEL4RTF.R PAGE 3 SECTION 205. CONSOLIDATION OF FUNCTION. The Council may transfer or consolidate functions of the City govern- ment to or with appropriatefunctions of the State or County government, or may make use of such functions of the State or County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred'or consol- idated, shall be deemed suspended during the continuance of such transfer or consolidation, to the -extent that such suspension is made necessary or' convenient and is set forth in the ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner. ARTICLE III. MUNICIPAL ELECTIONS SECTION 301. PROCEDURE. Unless otherwise provided by Ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended. SECTION 302. GENERAL MUNICIPAL ELECTIONS. General.municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in March in each odd numbered year. SECTION 303. SPECIAL MUNICIPAL. ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of general law, or by Ordinance, shall be known as special munici- pal elections. SECTION 304. INITIATIVE, REFERENDUM AND RECALL. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative, referen- dum and recall of municipal officers, shall apply to the use thereof in this City insofar as the provisions of the elections code are not in conflict with this Charter. ARTICLE IV. ELECTIVE OFFICIALS SECTION 401. ENUMERATION. The elective officers of the City of San Luis Obispo shall be a Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. SECTION 402. ELECTED AT LARGE. The Mayor shall be elected at the general municipal election on a general ticket from the City at large. b The CounciZ members shaZZ be eZected at the generaZ muricipaZ eZection from the City at Zarge, two being eZected bienniaZZy. qAM T.1TTS OBISPO CHARTER PAGE 4 SECTION 403. ELIGIBILITY FOR OFFICE. No person shall be eligible for election to, or to hold, the office of Mayor or Councilman of said City unless he is and shall have been a resident thereof, or of territory legally annexed thereto, on or prior to the date of such election or appointment, for at least 30 days next preceding his election thereto, or his appointment to fill a vacancy therein, and is an elector thereof at the time of such election or appointment. SECTION 404. TEKIS OF OFFICE. The term of office. of the Mayor shaZZ be two nears, and eeelt fsembel, the terms of the Council members shall be €e-g-gem}ed-e€ four years. Terms Ape}iesb�e-g�espee���re��-es-eat-s€ee�-eke-sseeess€t��-a}eee�ea-e€-�9��-ease-- sks�l-be-e�eeed-a-the-saate-e€€wee-mese-kaff-w}ee-}e-st�eeess€ea. shall commence on the first day of April at twelve o'clock noon following the election and each shall serve until a successor is elected and qualified, or appointed. Ties in voting shall be settled by the casting of lots. SECTION 405. VACANCIES. If a vacancy shall occur in the office of Mayor or Councilman, the Council shall forthwith appoint a person to fill such vacancy. The person so appointed shaZZ serve untiZ the next regular municipaZ eZection. If the term stiZZ.has two (2) years until expiration at the time of the next regular mwsicipaZ eZection, the eZection to that seat shaZZ be separated from the eZection for the other CounciZ candidates. Said appointee shall possess such qualifications for eligibility as are set forth in Section 403 of this Charter and shall hold office until the expiration of the term of the member whom he is replacing or until his successor is duly elected and qualified. An elective office becomes.vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, convicted of a felony, or of an offense involving a violation of his official duties, or ceases to be a resident of the City, or shall have been absent from the State without leave granted by the City Council for more than sixty 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. SECTION 406. MAYOR - POWERS AND DUTIES. The Mayor shall preside at all meetings of the City Council and per- form such other duties consistent with his office as may be imposed by the Council or l)y vote of the people. He shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the respon- sibility for forwarding the work program approved by the Council. He shall be recognized as the official head of the cityfor all of ceremonial purposes, and by the Governor for military purp public danger or calamity, he shall take command of the public forces, maintain order, and enforce laws. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. SECTION 407. MAYOR PRO TEMPORE. The Council shall elect one of its members to be Vice Mayor. During the temporary absence or disability of,the Mayor, the Vice Mayor shall act as Mayor Pro Tempore. In case of the temporary absence or disability of both mnunr_ the Council shall elect one of its members to be SAN LUIS OIiISPO CHARTER PAGE 5 SECTION 408. COUNCIL MPIBER TO HOLD NO OTHER OFFICE. ' No member of the Council shall hold any other municipal office or hold any office or employment the compensation of which is paid out of the municipal monies; nor be elected or appointed to any office created or the compensation of which is increased by the Council, while he is a member thereof, until one year after the expiration of the term for which he was elected. SECTION 409. COPiPENSATION. The Mayor and each Council Member shall receive compensation for services, as such, payable monthly. The Mayor shall be compensated at a rate different from that of Council Members. The expenses incurred for Council -approved official business shall be reimbursed. Compensation for Mayor and Council Members shall be reviewed, and when warranted, adjusted biennially in odd -numbered years effective July . @empenseti ft shall 1 e deter -mined by a fl*e memyser- Ad Han f ld ll wattially seleet.0 tile -shall eEevide -11 J L r z e'���r1�Z�—ZCt•�.�.... T1 •shetil be p.. ees i v The compensation for the Mayor and Council .members shaZZ remain in effect upon the adoption of this charter, but the rate may' be revised by the eZectorate as .; recommended Dy in �r r60 1"RLdFMTERS AND PROCEDURES SECTION 501. GENERAL POWERS OF THE COUNCIL. Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person., officer, board, or commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. SECTION 502. MEETINGS OF COUNCIL. The Council shall,. by ordinance, provide for the time and place of holding its meetings and the manner in which its special meetings may be called. Public interest and convenience shall be the primary considerations when decisions are made as to time, location, and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. _ SECTION 503. QUORUM. A majority of the Council shall constitute a quorum for the transaction ` of business. JAN 5 1978 PAGE 6 SAN LU T S OBI SPO CHARTER SECTION 504. RULES OF PROCEDURE. The Council shall determine its own rules of procedures. SECTION 505. VOTING. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote.. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. SECTION 506. MAJORITY RULE. No ordinance, resolution or motion shall be passed or become effective ote of at least three members of the without receiving the affirmative v Council. SECTION 507. ADMINISTERING OATHS; SUBPOENAS. Each member of the Council shall have the power to administer oaths eeding pending before the Council. and affirmations in any investigation or proc ompel the attendance of The Council shall have the power and authority to c witnesses,.to examine them under oath and compel the production of evidence before it.. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State. SECTION 508. LIMITATIONS. No member of the Council shall be appointed to or serve whetherting member of any City board, committee, commission, or authority, composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on committees or sub -committees of the Council itself, or of agen- cies representing other levels of government. ARTICLE VI. LEGISLATIVE ACTIONS. SECTION 601. METHOD OF ACTION BY COUNCIL. means of ordinance, All action by the Council shall be taken only by resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordin- ances. Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk. regular or Oral motions shall be recorded only in the minutes of any special meeting of the Council. SECTION 602. REQUIREIIENTS OF ORDINANCES. With the sole exception of ordinances which take effect upon adoption no ordinance shall be passed by the Council on referred to in this article, �. the day of its introduction nor within five days thereafter, nor until its ou spaper of the y Of 3) daysbeforeaitsw Luis three(adoption; and incase of publication at lll amendment Obispo at least t SAN LITS OBISPO Ci RTER PAGE. 7 being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. SECTION 603. ENACTPfENT. The enacting.clause of every ordinance passed by the Council shall be: "Be it ordained by the Council of the City of San Luis Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo." SECTION 604. EFFECTIVENESS. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council shall go into effect at the expiration of thirty (30) days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go into effect in less than thirty (30) days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinafter provided, ordinances ordering or otherwise relating to elections, ordinances relating to public improvements, the cost of which is to be borne wholly or in part -by special assessments, and taxing ordinances, may go into effect at the will of the Council. SECTION 605. EMERGENCY LEGISLATION. Any ordinance declared by the Council to be necessary as an emergency measure, for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at once and the same meeting if passed by at least four affirmative votes. SECTION 606. AMENDING ORDINANCES. soleZy No ordinance shall be amended/by reference to its title, buc-rhL--sec= c�-he�eb€-t�-e--enae�-srr- �-t- rerrgzYr a� ; and any amendments passed contrary to the provisions of this section shall be void. SECTION 607. REPEAL. No ordinance nor'section thereof shall be repealed except by an ordin- ance adopted in the manner provided in this Charter. This is not to prohibit the voiding or expiration of any ordinance when such voiding or expiration is provided for in the ordinance itself. SECTION 608. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled and codified in accordance with the provisions of the laws of the State of California as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of buildings, plumbing and wiring, fire prevention and similar matters, when arranged as a comprehensive code, may likewise be adopted by reference in the manner pro- vided by state law. JAN 5 1978 cAv T [*TC nRTCPn l'?IARTFR PAGE 8 SECTION 609. VIOLATION OF ORDINANCES. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it is made an infraction. Both misdemeanors and infractions may be prosecuted or may be redressed in the manner provided by the general law of the State. ARTICLE VII. APPOINTIVE OFFICIALS SECTION 701. GENERAL DESCRIPTION. The officials of the City of San Luis Obispo shall consist of a City Administrative Officer, a City Treasurer, a City Clerk, a City Attorney, and such assistants or deputies as the Council may deem necessary. Such officials shall be appointed by and may be removed only by the affirmative votes of a majority of the members of the'Council. All other officials and department heads of the City shall be appointed by and may be removed by the City Administrative Officer. SECTION 702. DUTIES OF OFFICIALS AND EMPLOYEES. After obtaining and considering the recommendations of the City Admin- istrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officials and employees of the City. SECTION 703. CITY ADMINISTRATIVE OFFICER. The City Administrative Officer shall be the administrative head of the government of the City. As such, he shall be responsible to the Council for the efficient implementation of its policy and effective administration of all the affairs of the City government under his control. Any action, determination or omission of the Administrative Officer or his staff shall be subject to review by the Council but no individual Councilman or the Mayor shall overrule,'change or modify any such action, determination or omission except by affirmative vote of at least three members of said Council at a duly constituted session. The Administrative Officer shall advise and make recommendations to the Council concerning any conditions or governmental situations he feels need Council direction or policy determination. The Administrative Officer will insure that the Council, as a whole or as individuals, are permitted timely and complete freedom of access to requested information. SECTION 704. QUALIFICATIONS. The City Administrative Officer shall be administrative qualifications. He need not be a State at the time of his appointment, but during reside within the City. chosen on the basis of his resident of the City or the his tenure in office, he shall SAN LUIS OBISPO CHARTER PAGE B -A SECTION 703. TaVURE OF THE CITY ADMINISMATIVE OFFICE'?. The City Administrative Officer shall hold ofrzce 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 CounciZ meeting at a specified date and time not Zess than thirty days thereafter the Councilwill 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- 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 Zater if the accused is found innocent. (3) At any meeting where the question 'of retention or removaZ 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 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 Adbninistrative Officer shall notify the City Co%�aciZ 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 A drnin_istrative 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 A6ninistrative officer shaZZ apply and be effective. 7rc V V . SECTION 745. ELIGIBILITY OF COUNCIL MEMBERS. No member of the City Council shall, during the term for which he was elected or appointed, or for one year thereafter, be eligible to hold the Position of City Administrative Officer. JAN 5 1978 sa%? T.i'.TS ORTSPO CHARTER PAGE 9 707. SECTION i96. 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. . 708. SECTION X63. NEPOTISM. ?ie-geeses-eke-js-a-eelet �e-by-bleed-ee-marriege-�aitk}�-the-eh} d- deg�ee-a=-eay-melee-e€-tke-Eit�-Eer�aell-an-e€-eap-6ettaeil-sppeiated-of€lelsl, ee-e€-ePy-etke=-aflielsl-keel:�g-sppalx�el�e-pe�ae�s-eedee-�h�s-Eker�e�-shall-be per_-lieted-te-kelc-aetp-per t -time -et -€ell - time -pesleien-witkln-eke-Eley-aer sleets-e��-zue-ee-wee-pesa�ts-�i�e-see-eelativeg-by-bleed-e-t�eelgge-�altkis tpre-skied-cegxee be-ge�it�ed-ee-keld-sad-ps�t-tine-ae-�tt1l-time-pesitieae- �a i�kia-tke-sea�e-depsetaefft- The CounciZ shaZZ not appoint to a saZaried position under the City gove-rrment, any person who is a relative by blood or marriage within the third degree of any one or more members of such CounciZ, and neither shaZZ any department head or other officer having appointive power appoint any reZative of the CounciZ or himseZf within such degree to any such position. Nothing herein shaZZ prevent the City Administrative Officer from supplementing the provisions of this section. 709. SECTION EQUAL OPPORTULY= El! LOYPrbNT. Eeept-as-etke*a#se-pevi�ed-b}�-tlee-general-letag-a-tk}s-Szste-lie e- �e£eee-ee-�teeeg�te�-easeeed--ae-eppelatateae-te-exy-pesit}est-rsnde�-the-61t}- ge�e�t:peat-sks}1-be-cede-ee-be-witkkeld-by-aeesea-a€-eay-rellgiet�s-e� peltlest-epiaie�rs-e�-s=€ilieeiens-ea-pelieiesl-se��riees;-sad-ne-eppe�at�eat- te-ea-geleetie�r-€er-er-�e�at�ei-€yam-say-a€€iee-e�-e�ple��eat-sad-ae-��eas€e�; gra:�etiaa--�edaetiea;-ee�eed;-ee-ptiaisi�txeat-sksll-be-}a-a8�-�sat�e�-a€€eeted- b}�-stte�r-epir�ie�tg;-s=�i}istieas--e�-se��}ee- All persons seeking employment with the City and aZZ City employees shaZZ be treated equaZZy and without discrimination prohibited by federal, state or ZocaZ Laws. 710 SECTION -789. EMPLOYMENT POLICY. The City Council shall adopt a Personnel Policy Ordinance, prescribing hiring, discharge and performance standards for Council appointees, department heads, and other appointive officials. No official appointed by the City Council shall be terminated within the three months following a municipal election. No official subject to appointment by the City Administrative Officer shall be terminated within the three months immediately following the appointment of a new City Admin- istrative Officer. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Personnel Department. 711. SECTION ;1.0. OATH OF OFFICE. Every official of the City, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. 712. SECTION 71-1r. COMPENSATION OF OFFICIALS AND E1PLOYEES. The compensation of all City officials and employees, except as other- wise provided in this Charter, shall be by salary to be fixed by ordinance or resolution. No official or employee shall be allowed any fees, perquisites, emoluments, rewards or compensation for any work performed by him as an offi- cial or employee., aside from the salary or compensation as fixed by the Council, . - _____.._a U.. u4— 4- ...,.,.,orrinn with his official duties shall be SAN r .. T.1; 07S ' S?C P:1r,;: 10 %1J. SECi10,111 'r��. 0� r TICIALI10NMS. The Council. shall, by ordinance or resolution, determine what officials and other persons in the service of the City shall give bond either of an individual' tree or be included in a master f ,� bond, for the fait^ful performance o_ their duties and/or honesty, and shall fix the am-ounts 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 b�: such ordinance or resolution, including in the'same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined by the City Attorney and appro%ed by the City Council. All bonds when approved shall.be filed with the City Clerk, except the City City Clerk's bond, if any, which shall be filed with the City Administrative Officer. of of this State relating to the official bonds oflofficialslasothen ns any law shall apply to such bonds t exce as her o n existing where Buret:: company bonds are a herein otherwise provided. In all cases shall be approved by the Council, the premium therefore P' -d by the City. ARTICLE VIII. FISCAL ADMINISTRATION S.ECTION 801. THE FISCAL YEAR. The fiscal year of the City shall commence upon the first day of July of each year, or at such other time as may be fixed by ordinance. SECTION 802. ANINI-TAL BUDGET On such date in each year as shall be fixed by the Council, the City Administrative Officer shall send to the Council a careful estimate, in writing, of the amounts, specifying in detail the objects thereof required for the business and proper conduct of the various departments, offices, boards and cosrnissions of the City, over :which he has control, during the next ensuina year. The City Administrative Officer shall also at said time submit to the Council an estimate of the amount of income from all sources of revenue, exclusive of taxes upon property, and the probable amount required. to be .levied and raised by taxation. SECTIO! 803. PUBLIC HEARING ON THE BUDGET. After reviewing the proposed budget as submitted by the City Admin- istrative Officer and making such revisions as it may deem advisable, the Council shall determine the time for holding of a public hearing, and shall cause a notice thereof to be published not less than ten (10) days prior to said hearing by at least one insertion in a newspaper in the City of San Luis Obispo. Copies of the proposed budget shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing. At the time so advertised or at any time to which such 1 public hearing shall from time to time be adjourned, the Council shall hold JAN 5 1978 C SAN,' L'_?IS OBISPO CIL.%RTER PACE 11 a public hearing on the proposed budget at which interested persons desiring to be heard shall be given such opportunity. SECTION 804. ADOPTION OF THE BUDGET. After the conclusion of the public hearing the Council shall further consider the proposed bud_get and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adop- tion of the budget, the Council may amend or supplement the budget by motion adopted by a majority vote of the Council. SECTION 805. GRANTS AND SUBSIDIES. Sufficient funds may be budgeted by the Council for grants, subsidies, contributions, subventions and the like to economic, promotional, environmental, cultural, or other agencies whose operations are unrelated to those of the City but who contribute largely to the quality of life of the City. Such funds shall be allotted only after a public hearing on consideration of an application by the requesting group or agency. Such application shall include complete justi- fication of the need for the requested aid. SECTION 806. INCOME FROM PUBLIC UTILITIES. All income derived from the operation and management of any public utility by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving, or bettering such public utility, and to the payment of any debts and interest thereon which may have been incurred for the acquiring, improving, operating, or maintaining of such utility. SECTION 807. TAX LIMIT. (a)' General. The Council shall not levy a propery tax for municipal purposes for any fiscal year, greater than eighty-five cents (85C) on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made: SAN Lt'IS OBISPO CIL%RTER PAGE 12 1. A tax s«fficient to meet all obligations of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the Public Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to..become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to exceed the limits hereinafter enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the City: 1. For public improvements and betterments: Thirty cents (30c). 2. For library purposes: Twenty cents (20c). 3. For park and recreation purposes: Twenty cents (20c). The proceeds from any special levies shall belong to and be paid in to restricted funds set aside for their respective purposes and shall be expended only for such purposes. SECTION 808. ACCOUNTS PAYABLE. Monies shall be drawn from the City Treasurer only in the manner pre- scribed by ordinance of the Council. SECTION 809. CLAIMS AGAINST THE CITY. (a) No suit shall be brought on any claim for money or damages against the City or any board, or official thereof, until a demand for the same has been presented as herein provided and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. All claims for damages against the City must be presented to the City Clerk within the time limits prescribed by the laws of the State of California after the occurrence, event, or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place, and circumstances of the occurrence and the extent of the injuries or damages received. (b) The provisions of the foregoing subsection (a) shall not prohibit payment on invoice, claims for goods, wares, materials, and/or services supplied to the City, and the provisions for payment on account of said items shall be set out by an ordinance adopted by the Council. SECTION 810. INDEPENDENT AUDIT. The Council shall employ, at the beginning of each fiscal year, an independent certified public accountant who, at such time or times as may be specified by the Council, at least annually, shall examine the books, records, inventories, and reports of all officials, employees, departments, and agencies who receive, handle, or disburse public funds. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the Council, one copy thereof to be dis- tributed to each member, one each to the City Clerk, the City Treasurer, the City Administrative Officer, and City Attorney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public for the period required by the laws of the State of California. Restricted and special assessment district funds shall.be segregated in the audit report. JArl 5 1978 C&M T T'Tq ORTgPn f:; 1RTFR PAGF. 14 ' S TION 904. CO' DOCLMENT. All contrasts shall be approved as to form and legality by the ty Attor.ey. all contracts must be in writing, executed in the name of lie City by n official or officials authorized to sign the same, and st be countersi ed by the City Clerk who shall number and register ea in a book kept for th t purpose. SECTION 905. .OGRESS PAY:SENTS. Any contra t may provide for progressive payments f the ordinance or resolution autho izing such work includes such a pr ision. No progressive payments maybe provi'ed for or made at any time whi with prior payments, if there have been such, all exceed in amount at an- time ninety percent (90%) of the value of the labo done and the materials sed up to that time, and no contract shall provide for r authorize or per t the payment of more than ninety percent (90%) of the c ntract price b ore the completion and acceptance of the work. SECTION 906. SALE OR LEASE OF CIT PR ERTY. The, following regulations sha be applicable to City -owned property: No sale or -lease of real property r y sale of. personal property of a value in excess of One Hundred Dollars $100.0 nor any lease or personal property for a period exceeding three y rs shall b authorized by the Council except by resolution passed by the firmative vote f three-fifths (3/5) of all the members of the Council. SECTION 907. EXE:'PTIO Nothing in th article shall be construed to pply to the acquisition or purchase of nat al gas, telephone service, electri 'ty, electric power or electric energy b the City for any use or purpose. SECTION 908. ABRIDGEMENT OF CONTRACT. Inas.uch as a contract is a legal document attesting to the terms of /agreet providing for an exchange of services for a mutual1--agreed upon n in return, any deletions, modifications, or additions shall ben writing and filed with the City Clerk.abridgement of any provision of a contract, without a writt nas required above, shall be considered a breach of contract a d a . ARTICLE X. LICENSES AND FRANCHISES. SECTION 1001. GRANTING OF FRANCHISES. The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transporation, com-nunica- tion, terminal facilities, water light, heat, power, refrigeration, storage, or any other public utility of public service, and to use the public streets, ways, alleys, and other places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or - convenient for traversing any portion of the City for the transmitting or con- veying of any service elsewhere. The City Council may prescribe the terms and tam 5 1978 J SAN LUIS OBISPO CHARTER PACE 15 conditions of any such grant. It may also provide, by procedural ordinance the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter. SECTION 1002. RESOLUTION OF INTENTION, NOTICE, AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of -the franchise and the terms and conditions uoon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall -direct the City Clerk to publish said resolu- tion at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise, sub- ject to the right of referendum of the people. SECTION 1003. 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 Com -mission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with its terms by the possessor.thereof. SECTION 1004. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The accept- ance of any franchise hereunder shall .operate as an abandonment of all such franchises, rights, and privileges within the limits of the City as such limits shall at any time exist, in"lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordin- ance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall there- after annex, or consolidate with, additional territory, any and all franchises, I SAN LITS ORISPO CILiRTER PAGE 16 tights, and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 1005. EMINENT DOMAIN. No franchise grant shall in any way or to any extent impair or affect the right of the City to -acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and noth- ing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance damage, or increased value of right of way. SECTION 1006. DUTIES OF GRANTEE. By its acceptance of any franchise hereunder, the grantee shall cove- nant and agree to perform and be bound -by each and all of the terms and con- ditions imposed in 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) Pay to the owner on demand the cost of all repairs to'private prop- erty made necessary by any of the operations of the grantee under such franchise; (d) Indemnify and hold harmless the City and its officials from any and all liability for damages proximately resulting from any operations under such franchise; (e) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct; and (f) Pay to the City during the life of the franchise, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. The City Administrative Officer shall be responsible for the enforcement of all provisions of the grant. SECTION 1007. VIOLATIONS. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such franchise, shall be a misdemeanor, and each day that such condition continue to exist shall con- stitute a separate violation. JAN 5 1978 ;,At SAN L''IS OBISPO CEL•IRTER ARTICLE XI. PERSONNEL ADMINISTRATION. PAGE 17 SECTION 1101. RULES AND REGULATIONS. After obtaining and considering the recommendations of the City Administrative Officer, -the Council shall provide by ordinance or resolution, not inconsistent with this Charter, for personnel rules and regulations governing all city employees. SECTION 1102.. PERSONNEL BOARD. The Council-grri1-establish a Personnel Board consisting of five members whose duties shaZZ be advisory onZy. SECTION 1103. POLITICAL ACTIVITIES. The political activities of all City employees shall conform to pertinent provisions of the Federal and State laws. SECTION 1104. EMPLOYEE CANDIDACY FOR PUBLIC OFFICE. Nothing in Section 1103 shall be construed to prevent any full-time employee from seeking election or appointment to public office. Upon becoming a candidate for ptibl-ie elective office for the City of Sar. Luis Obispo, any such person shall request and be granted a leave of absence, without pay, to remain in effect during the period of time such person is a candidate. SECTION 1105. RETIREMENT.' The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California which shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. ARTICLE XII. BOARD AND COrL,MISSIONS. SECTION 1201. AUTHORITY. The City Council shall have the authority to establish by ordinance citizen committees, commissions, boards, and authorities as required by the State of California or as the Council deems necessary to give it advice or assistance. Such authorizing ordinances shall clearly define goals, respon- sibilities, and jurisdiction of such a body. The Council shall have the authority to establish by resolution anv temporary or "ad hoc" citizen committees with limited life -span and clearly defined objectives specified in such a resolution. SECTION 1202. ELIGIBILITY, APPOINTMENT, AND LENGTH OF TERMS. All registered voters within the City, except part or full-time officials and management employees of the City, shall be eligible for appointment, and shall be selected and appointed by any method deemed appropriate by the Council. JAN 5 1978 s - M.. SAN LUIS OBISPO CHARTER PAGE 18 No committee member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms. SECTION 1203. VACANCIES. If a vacancy occurs in the body created by the Council, that vacancy may be filled by the Council for the unexpired term of such a position. A member of any such body may be removed by three affirmative votes of the Council. SECTION 1204. BY-LAWS AND PROCEDURES. Each body established by ordinance shall present in writing to the Council for approval its by-laws for procedure: purpose, specific functions, meetings, officers, budget, etc. SECTION 1205. ANNUAL REPORTS. By May 1 of each year, each established body shall report to the Council on its activities for the preceding year, as well as its proposed activities and requested budget for the forthcoming year. SECTION 1206. FUNCTIONAL REVIEW. Every five years of a standing committee's life, the activities of such a body shall be reviewed by a citizens' "ad hoc" committee and recommendations presented to the Council for modification or continuation of function, or for termination. The Council, at its discretion, may refer this task to the Personnel Board. spy 5 1978 city of sAn tuis"'O'BISPO CITY ATTORNEY'S OFFICE Post Office Box 321 • San Luis Obispo, CA 93406.805/541-1000 May 31, 1977 MEMORANDUM: To J. H. Fitzpatrick,City Clerk Foster Gruber, Citizens " Advisory Committee Member From Allen Grimes Subject City Charter I have reviewed the copy of the draft of the Charter measures that I received and I do not believe that they satisfy the requirements of the law. Attached is a list of the propositions in the form that meets the requirements of Section 3(d) of Article 11 of the California Constitution. As part of the working papers, there also needs to be a compilation of the alternative propositions (B through G) in their complete worded form for these will need to be published along with the publication of the proposed Charter. With respect to the Charter, I note that if the proposed alternative Section 404 (Measure D) exceeds Section 402 of the Charter, they will not correspond. I note the same is true with respect to proposed alternative Section 405 (Measure E) with respect to its impact on Section 403 which discusses the filling of a vacancy by appointment. With respect to Section 409 of the Charter relating to compensation, I recommend that the last line be amended to read as follows: ". . the electorate as provided.by initiative.". I am forwarding the only copy of the revised Charter to Fitz for his custody. AG : k tm enc. r CITY OF SAN LUIS OBISPO CHARTER MEASURES SHALL THE PROPOSED CHARTER OF THE CITY OF YES A SAN LUIS OBISPO BE ADOPTED? YES SEATS BE ADOPTED? (4) YEARS FOR THE OFFICE OF MAYOR BE NO NO SHALL THE PROPOSED ALTERNATIVE SECTION 402• YES B OF THE CHARTER PROVIDING FOR NUMBERED COUNCIL YES SEATS BE ADOPTED? (4) YEARS FOR THE OFFICE OF MAYOR BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 402 YES C OF THE CHARTER PROVIDING FOR A TERM OF FOUR (4) YEARS FOR THE OFFICE OF MAYOR BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 404 YES D OF THE CHARTER LIMITING THE TERM OF THE COUNCIL TO TWO (2) SUCCESSIVE TERMS BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 405 YES E OF THE CHARTER PROVIDING FOR THE FILLING OF COUNCIL VACANCIES BY ELECTION BE ADOPTED? COUNCIL BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 409 YES F OF THE CHARTER PROVIDING FOR A METHOD OF DETERMINING COMPENSATION FOR MEMBERS OF THE COUNCIL BE ADOPTED? NO SHALL THE PROPOSED ALTERNATIVE SECTION 1102 YES G OF THE CHARTER MAKING THE ESTABLISHMENT OF A PERSONNEL BOARD MANDATORY BE ADOPTED? NO "4"',,_,.��y(+��q�.�•`rc^C �•vl `�.k`.i'^'�f�.��..f��...�,�!-•;4,+.+"t`y,-.''r.� �y�:,�•t1,trI •. (r y},y'x'r-.� •". p�;,.. "+ ..- ry fy"• '' '�. w.F :'• :7Jt'n • a. _ t >^'.r . �.r ♦ � b./�• �+,��i....�+�� i .h. ,� �,. �"' ...+ ^ .t;s 'r' r,y`.�J'a,•E tiy.. � . y K. YJM �`h.+.'�: �,,..' y'�f?'ti�R M•�''�Y � ,�"".r i. D -R•- A -F -T ra r-. A.. Adoption of revised and rearranged charter,,, •�;�}� �- -�T�*� �1rPcont hPrpti� �, i ;YESf Shall the City charter of 1955 be up -dated as herewith described, _i l- _...trhe err No n B. Numbering of Council. seats 'YESi Shall section 402 of the proposed charter be amended. to read as follows: - -- --' "The Council seats shall be numbered from one to four, and candidates for '140 ! Council shall indicate their selection ofindividual seats. Two members - -- ` shall be elected at each biennial election, rotating between the.odd and even numbered seats, from the City at large." C. Mayor's term of office --IYES! Shall section 404 of the proposed charter be amended to read "four years" -i instead of "two years." INO D. Limitation on terms.in office ;YESi Shall section 404 of theproposed charter be amended to read as follows: "Applicable on and after the successful election of 1977, none shall be NO elected to the same office more than twice in succession." E. Method of filling Council vacancies YES; Shall section 405 of the proposed charter be amended to read as follows: - -� "If a vacancy shall occur in the office of Mayor or Council member, the NO Council shall call for a special election to be held within ninety days --- after the creation of the vacancy, unless less than that time will elapse before the next regular election." F. Method. of determining Council pay levels iYES! Shall section 409 of the proposed charter be amended to read as follows: ---- "Compensation shall be determined by a five -member "ad hoc" committee. !NO i This committee shall consist -of the -chairpersons of three City standing --' committees, drawn by lot, who shall mutually select the managers of two banks in San Luis Obispo. The City Administrative Officer shall be res- ponsible for impaneling the committee during the month of January and shall provide all data required by the committee. The committee's determination shall be submitted to the City Administrative Officer prior to May 1. The committee's recommendations shall be final unless changed by the initiative process." G. Adoption of Personnel Board iYESI Shall section 1102 of the proposed charter be amended to substitute the - word "shall" for the word "may." NO ,IIIII��I�, ��IIII "ISI city of pan tuls0'rWqYmgq,0 990 PALM STREET • P.O. BOX 321 • SAN LUIS OBISPO, CA 93406 To: All members of the June 10, 1977 Charter Review Committee From: F. M. Gruber, chairman Subject: Last Word on the Charter Modernization I had spent a great deal of time in the past few weeks achieving the charter format desired by the City Clerk and the City Attorney to put on the November ballot. The City Council has now decided they would. rather have the amended charter presented to the people in the June 1978 primary election rather than the November 1977 election. Eike so many other projects the Council has postponed making a decision on, I doubt if this will ever come to life again. I have put all the charter material away in a big envelope in case anyone might be at all interested in the future. Best wishes to each of you. FMG/l W D -R. -F-T ...... A.. Ado ion of revised arid.rearranged .charter, ject to amendments present herewith. YES1 Shall the City charter of 1955 be up -dated as herewith described, including - J the approved alternative amendments separately presented? j N0 j B. Numbering of Council seats 'YE'S? Shall section 402 of the -proposed charter be amended to read as follows: "The Council seats shall be numbered. from one to four, and candidates for NO Council shall indicate their selection of individual seats. Two members - - shall be elected at each biennial election, rotating between the.odd and even numbered seats, from the City at large." C. Mayor's term of office ;YES; Shall section 404 of the proposed charter be amended to read "four years" instead of "two years." 1N0 D. Limitation on terms in office YES! Shall. section 404 of the proposed charter be amended to read as follows: `— = "Applicable on and after the successful election of 1977, none shall be NO ;elected tothe same office more. than twice.in succession." E. Method of filling Council vacancies YES Shall section 405 of the proposed charter be amended to read as follows: "If a vacancy shall occur in the office of Mayor or Council member, the NO Council- shall call for.a special election to be held within ninety days after the creation of the vacancy, unless less than that time will elapse before the next regular election." F. Method. of determining; Council pay levels iYES! Shall section 409 of the proposed charter be amended to read as follows: ---;' "Compensation shall be determined by afive-member "ad hoc" committee. iNO This committee shall consist of the chairpersons of three City standing - ` committees, drawn by lot, who shall mutually select the managers of two banks in San Luis Obispo. The City Administrative Officer shall be res- ponsible for impaneling the committee during; the month of January and shall .provide all data required. by the committee. The committee's determination shall be submitted to the City Administrative Officer prior to May 1. The committee's recommendations shall be final unless changed by the initiative 'process. G. Adoption of Personnel Board P� !YES! Shall section 1102 of the proposed charter be amended. to substitute the word "shall" for the word "may." INC C I. T Y C It A R T E R 6o,c -t'le C I T Y o S A N - L U I S 0 B I S P 0 Revised August 16, 1976 Re -revised May 23,.1977, in preparation for the November 8, 1977, election. This is the only copy. `HAO&E-S �� rarorc 3- 4- 5• t7 TABLE OF CONTENTS Title Description Page No. ARTICLE I. INCORPORATION AND APPLICATION . . . . . . . . 1 ARTICLE II. FORIM AND POWERS OF MUNICIPALITY . . . . . . . . . . 2 ARTICLE III. MUNICIPAL ELECTIONS . . . . . . . . . . . . . . . . 3 ARTICLE IV. ELECTIVE OFFICIALS . . . . . . . . . . . . . . . . 3 ARTICLE V. COUNCIL POWERS ANT PROCEDURES . . . . . . . . . . . 5 ARTICLE VI. LEGISLATIVE ACTIONS . . . . . . . . . . . . . . . . 6 ARTICLI: VII. APPOINTIVE OFFICIALS . . . . . . . . . . . . . . . 8 ARTICLE VIII. FISCAL ADMINISTRATION . . . . . . . . . . . . . . 10 ARTICLE IX. PUBLIC WORKS AND CONTRACTS . . . . . . . . . . 13 ARTICLE. X. LICENSES AND FRANCHISES . . . . . . . . . . . . . 14 ARTICLE XI. PERSONNEL ADMINISTRATION . . . . . . . . . . . 17 ' ARTICLE XII. BOARDS AND COMMISSIONS 17 i SAN LUIS OBISPO CIURT'ER PAGI; 1 RATION AND APPLICATION ARTICLE I. INCORPO SECTION 1.01. NAME OF THE CITY. The Municipal Corporation now existing and known as "Tice City of San Luis Obispo" shall remain and continue a body politic and corporate, as at present, in fact and in law, and by such name shall have perpetual succession. SECTION 102. BOUNDARIES. The boundaries of the City of. San Luis Obispo shall continue as now established until changed in a manner authorized by law. SECTION .103. EFFECTIVE DATE OF CHARTER. This Charter shall not take effect until accepted and filed by the Secretary of State pursuant to the provisions of Section 34464 of the Govern- ment Code. SECTION 104. GENERAL LAW APPLICABLE. All general laws of the State applicable to municipal corporations, now or hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, shall be applicable to the City. SECTION.105. AIENDMENTS. This Charter may be amended in accordance with the provisions of the Constitution andlaws of the State of California. SECTION 106. DEFINITIONS. When used in this Charter the masculine gender includes.the feminine and neuter. The present tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is permissive. "Oath" includes affirmation. j' The word "City" wherever it occurs in this Charter, means the City of Sari Luis Obispo, and every Commissioner, Commission, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission,. 4. Department, Board, Officer., or Employee, as the case may be, of the City of San 4. Luis Obispo.. The word "Council" when used in this Charter means the Council of I the City of San Luis Obispo. SECTION 107. CONFLICTS. Any municipal .ordinance, resolution, or motion duly approved by the ► City Council which is in effect at the time this Charter is made effective shall continue in force unless it is in conflict with.any provision of this a Charter,at which time it shall become null and void. 9 ' SECTION 108. VALIDITY OF CHARTER. If any section, subsection, sentence; clause or phrase of this Charter `± is for any reason held to be unconstitutional.or void, such decision shall not effect the validity of the remaining separable portions of. this Charter. l 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. I SAN LUIS OBISPO CHARTER PAGE: 2 SECTION 109. VIOLATION OF CRARTE'U. The violation of any provisl.on of this Charter shall be deemed a mis- demeanor, and may be prosecuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. The .maximum penalty upon conviction for. the violation of any provision of. this Charter shall be a fine of not exceed Ing one .thousand dollars ($1,000.00) or by imprisonment for a''term of not exceeding one .year or by both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned in the city :jail., .or in the county jail of the county in which. the City of San Luis Obispo is situated. The City Council collectively shall be responsible for the enforcement of the provisions of the Charter. ARTICLE.II. FORM AND POWERS OF MUNICIPALITY SECTION 201. FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the "Council -Mayor -Administrative Officer" form of municipal government. SECTION 202. GOVERNING BODY. All powers herein granted to and vested in the City of San.Luis Obispo shall,. except as herein otherwise provided, be exercised by a Council to be designated the Council of.the City of San Luis Obispo. Said Council shall be the governing body of the City .And, subject to express limitations of this Charter, shall be vested with.all powers of legislation in municipal affairs. adequate to a complete system of local government consistent with the Con- stitution and laws of the.State of'Cali.fornia. SECTION 203. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and enforce all laws and regulations in respect to -municipal af:fairs,..subject only to such restrictions and limitation.as may be provided in this Charter and in the Constitution and laws of the State of California. It shall'a.lso have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by arry law of the State, by this Charter, or by other lawful authority, or which a municipal corpora tion might or could exercise under the Constitution and laws of the State of California. The enumeration in this Charter of any particular power shall riot beheld to be exclusive of or any limitation uponthis general grant of power. SECTION 204. ORGANIZATION OF CITY GOVERNMENT. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall provide by ordinance or resolution, not inconsistent. with this Charter, for the powers and duties of all officials and employees of the City and for the organization, function, conduct, and operation of the several departments of the City and may provide for the creation of additional.departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition. SAN LUIS OBISPO CIIARTER PAGE. 3 SECTION 205. CONSOLIDATION OF FUNC:TFON. . The Council may transfer or consolidate functions of the City govern- ment to or with appropriate functions of the State or County government, or may make use of such functions of the State or County government, and in' case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consol- idated, shal.l.be deemed suspended during the continuance.of suc.h.transfer or consolidation, -to the exterit that such suspension is made. necessary or i convenient and is set forth in the ordinance or resolution establishing such i transfer or consolidation. Any such transfer or consolidation may be repealed in like manner. r ARTICLE III. MUNICIPAL ELECTIONS SECTION 301. PROC1,DURE. Unless otherwise provided by Ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended. SECTION,302. GENERAL Ml1NICIPAL ELECTIONS. General municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in March in.each odd numbered year. SECTION 303. SPECIAL MUNICIPAL ELECTIONS. All other municipal.elec.tions that may be held by authority of this Charter, or of general law, or .by Ordinance, shall be known as special munici- pal elections.. SECTION 304. INITIATIVE,.REFERENDUM AND RECALL. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative, referen- dum and recall of,municipal officers, shall apply to the use thereof in this City insofar as the provisions of the elections code are not in conflict with this Charter. ARTICLE IV. ELECTIVE OFFICIALS SI."TION 401. ENUMERAT1.ON. The elective officers of the City. of San .Luis Obispo shall be a Mayor and four Councilmen, each of. whom, including the Mayor, shall have the right to vote on all, questions coming before the Council. 1 ' SECTION 402. ELECTED. AT LARGE. The Mayor shall be elected at the general municipal election on a general ticket.from:the City at large.. I The Council members shall be elected at the general municipal { election .from the City at large, two being selected biennially. SAN LUIS OBISPG tARTER T'AC l: 4 SECTION' 403. ELIGIBILITY FOR OFFIC], No person shall be eligible for election to, or to hold, the office of Mavor or Councilman of said City unless lie is and shall have been a resident thereof, or of territory legally annexed thereto, on or prior to the. date of such election or appointment, for at .least 30 days next preceding his election thereto, or his appointment to fill a vacancy therein, and is an elector thereof at the time of such. election or appointment.. Sl?(;TION 404. TERMS .Or OFFICE. The term of the Mayor shall be two years, and the terms of the Council members shall be four years. Tears shall co"mmence on tile f' irs t -3 -ay- of April a t twelve o' clock —_.- Te following the election and each shall serve until a successor is.elected and qualified, or appointed. 'Ties in voting shall. be settled by the casting . of lots. SECTION 405. VACANCIES. If a vacancy shall occur in the office of. Mayor or Councilman, the Council shall forthwith appoint.a.person to fill such vacancy. Said appointee sliall possess such qualifications for eligibility as are set forth in Section 403 of this Charter and shall .hold office until the expiration of the term of the member whom he is replacing or until his successor is duly elected and qualified. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insance, convicted of .felony, or of an offense involving a violation of his official duties, or ceases to be a resident of the City, or sliall.have been absent from the State without leave granted by the City Council for more than sixty con- secutive days, .or fails to attend the meetings of the body of which lie is a member for a like period without being excused therefrom by said body. SECTION 406. MAYOR _ POWERS AND DUTIES. The Mayor shall preside at all meetings,of the City Council and per- form such other duties consistent with his office as may be imposed by the Council or by vote of. the people. lie shall be entitled to, and must vote when present, but shall. possess no veto power. As presiding officer of the Council the Mayor will. faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. The Mayor shall present an annual. work program to the Council for its r_onsider.ation at the first meeting in May. The Mayor shall have the respon- sibility for .forwarding the work program approved by the Council.. lie shall be recognized as .the official head of. the City for all ceremonial purposes, and by the Governor .for military purposes.. In time of public danger or calamity, he shall take command of the public forces, maintain order, and enforce laws. The Mayor shall exercise such other powers and perform such other duties as may he prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. SECTION 407. 1LAYOR PRO TEMPORE. The Council shall elect one of its members to be Vice'Mayor. During the temporary absence or disability.of the Mayor., the Vice Mayor shall act as Mayor Pro Tempore. In case of the temporary absence or disability of both the Hayor and Vice Mayor, the Council shall elect one of its members to be Mayor Pro Tempore. In case of vacancy in the office of Mayor, the Vice Mayor shall act as Mayor until such vacancy can be filled as provided in this Charter. SAN.LUIS OBISPO CILARTER PAGE 5 SECTION 403. COUNCIL MEMBER TO 1101,1) NO O'i•HER OFFICE. No member of the Council. shall hold any other municipal office or hold any office or employment the compensation of.which is paid out of the municipal monies; nor be elected or appointed to any office created or the compensation of which.i.s increased by the Council, while lie is a member thereof.; until one year after the expiration of the term for which he was elected. SECTION 409. COMPENSATION. The Mayor and each Council. Member shall receive compensation for services., as such, payable monthly. The Mayor shall: be compensated at a rate different from that of Council Members. The expenses incurred for Council -approved official business shall be reimbursed. Compensation for Mayor and Council Members shall be reviewed, and when warranted, adjusted biennially in odd -numbered years effective July 1. The compensation for the Mayor and Council members shall remain in effect upon the adoption of this charter, but the rate may be revised by the electorate as recommended by initiative or referendum. SECTION 501. GENERAL POWERS OF THE COUNCIL. Subject to..the provisions and restrictions contained..in this Charter and the delegation of power, if any, to any person, officer, board, or commission, the Council shall have the power in the name of .the City, to do And perform all acts and things appropriate to a munici:-pal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Const:i.tution and laws of the State of California, or which now or hereafter it would be competent for this Charter tospecifically. enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. SECTION 502. ML:ETINGS OF COUNCIL. The Council. shall, by ordinance, provide for the time and place of holding its meetings and the manner in which itsspecial. meetings may be called. Public interest and convenience shall be the primary considerations when decisionsare made as to time, location, and frequency. Except as'otherwise provided by law, all meetings.of the Council shall be open to the public. SECTION 503. QUORUM.. A majority of the Council sliall constitute a quorum for the transaction of business. SAN LUIS OBIS.PO CHARTERPACE 6 SECTION 504. RULES OF PROCEDURE. The Council shall determine i-ts own rules of procedures. SECTION 505. VOTING. TI ie ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the pr.oceedings'of the Council. Upon the request of any member, the ayes and noes.shall be taken and recorded on any vote..'All members, when present, must vote.. Failure or refusal to,vote shall be construed as an affirmative vote. SECTION 506. MAJORITY RULE. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. SECTION 507. ADMINISTERING OATHS; SUBPOENAS. Each member of. the Council shall. have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine .them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or..the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall. be punishable as provided .by the general laws of this State. SECTION 508. LIMITATIONS. No member of the Council shall be appointed to or -serve as a voting member of any City board,.committee, commission, or authority, whether composed -of citizen volunteers, City employees, or a..combination of. both. This is not to be, construed as prohibiting, members of the Council from serving on committees or sub -committees of the Council itself, or of agen- cies representing other levels of government. ARTICLE VI. LEGISLATIVE ACTIONS. SECTION 601. i• EMIOD OF ACTION BY COUNCIL. All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall. become a part of the Municipal Code and so remain until amended or voided. All municipal. laws relating to taxation or to possible criminal action against an offender shall be in the form.of ordin- ances. Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk. Oral motions shall be.recorded only in the minutes of any regular or special meeting.of the Council. SECTION 602. REQUIREMENTS OF ORDINANCES. With the sole exception of ordinances which take effect upon adoption referred .to in this article, no ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor until its publication at least once in full in a newspaper of the.City of: San Luis Obispo at least three (3) days before its adoption; and in case of amendment SAN LUIS, OBISPO UrMER PAGE 7 being made thereto before the final. adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be -republished at least one day before its adoption a:, amended, provided that no portion less than a full section shall be so published. The correction of: typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. SECTION 603. ENAC'!MEN'I'. The enacting clause of -every ordinance passed by the Council shall be: "Be it ordained by the Council of the City of.San Luis Obispo.." The enacting clause of every ordinance initiated by the people shall be: "Be it.ordained by the People of the City of San Luis Obispo." SECTION 604. 114FECTIVENESS. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council shall go into effect at the expiration of thirty (30) days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall. go into effect in less than thirty (30) days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinafter provided, ordinances ordering or otherwise relating to elections, ordinances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. SECTION 605. EMEIRGENCY LEGISLATION. Any ordinance declared by the Council to be necessary as an emergency measure, .for preserving the public peace, health .or safety, and containing a statement of.the reasons for its urgency, may be introduced and adopted at once and the same meeting if passed by at least four affirmative votes. SECTION 606. AMENDING ORDINANCES. No ordinance shall be amended by reference to its title, but.the sec- tions thereof to be amended shall be re-enacted at length as,amended; and any amendments passed contrary to the.provisions of this section shall be void. SECTION 607. REPEAL. ,No ordinance nor section thereof shall be repealed except by an ordin- ance adopted_in the manner provided.in this Charter. This is not to prohibit the voiding or expiration of any ordinance when such voiding or expiration is provided for in the ordinance itself. SECTION 608. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled and codified in accordance with the provisions of the laws of.. the State of California as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of buildings, plumbing and wiring, fire prevention and similar matters, when arranged as a comprehensive code, may likewise.be adopted by reference in the.manner pro- vided by state law. SAN LUIS OBISPO CHARTER PAGE 8 q SECTION 609. VIOI..ATION OF ORDINANCES. The violation of any ordinarir12 adopted and published by the City Council shall constitute a misdemeanor unless by ordinance it 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. ARTICLE VII. APPOINTIVE OFFICIALS SECTION 701. GENERAL DESCRIPTION. The officials of. the City of San Luis Obispo shall consist of a City Administrative Officer, a City Treasurer, a City Clerk, a City Attorney, and such assistants or deputies as the Council may deem necessary. Such officials shall be appointed by and may be. removed only by the affirmative votes of a majority of the members of the Council. All other officials and department heads of the City -shall be appointed by and may be removed by the City Administrative Officer. SECTION 702. DUTIES OF OFFICIALS AND EMPLOYEES. After obtaining and considering the recommendations of the City Admin— istrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officials and employees of the j City. SECTION 703. CITY ADMINISTRATIVE OFFICER. The City Administrative Officer.shall be the administrative head of the government of .the City. As such, he shall be responsible to the Council for the efficient implementation of its policy and effective administration of all the affairs of the City government under his control. Any action, determination or omission of the Administrative Officer or his staff shall be subject to review by the Council but no individual Councilman or the Mayor shall overrule, change or modify any such action, determination or omission except by affirmative vote of at least three members of said -Council at a duly constituted session. The Adriinistrative.Officer shall advise and make recommendations to the Council concerning any conditions or governmental situations he feels need Council direction or policy determination. The Administrative Officer. will insure that the Council, as a.whole or as individuals, are permitted timely and complete freedom of access to requested information. SECTION 704.. QUALIFICATIONS. The City Administrative Officer shall be chosen on the }iasis of his administrative qualifications. He need not be a resident of the City or the State at the time of his appointment, but during his tenure in office, he shall reside within the City. SECTION 705. ELIGIBILITY. OF COUNCIL MEMBERS. No member of: the City Council shall, during the term for which he was elected or appointed, or for one year thereafter, be eligible to hold the position of City Administrative Officer. SAM LUIS OUISPO (;�{ARIT|( SECTION 706, COMUIMINC,O1"OFFICES. ' Ivfl)eze the pooicinn� ore not incompatible,. the Council may combine in ` one person the powers and duties. of two oc`more offices created or provided for in the Charter. SEC|InN 707. NCPO1'TS8' ' No person who is u relative by 1)Io6clor marring,�wicbin tile third degree of ally member of the City Cnuncii or of any CuuociI-appointed Official, or of o� other official haviug appointive powers �nJer this Charter shall 6e n permitted to hold any u L - time �os L part-time o� � Il �i i io Mn �it6io the City, nor a|olI �oy two or more persons who are relativesby Ioo� `bor marriage `i�iu tile third cleQree be permi���permitted.to]u/I6,any part-time or full-time positions eiLbiu tile same deparcmeuc. SECTION'. 708. POLI?ICAJ. AN -9D KELLICrOOS TEI3?S. Elzcept as otherwise provided by the general Inss of thisState ba.e- Lo[ocu or. hereafter enacted, no 'appointment to any poa��ioo uoder the City 8onuzn/uent nhu1I be made or be nidihalJ b ' ' �� --- -- ~- � reason of nny religious or pUlit- ivaI upioioos or affiliations ocpoliticaI services, and no appointment to or selecciou for or removal �r ��i � from an office or employment and no traoafer, promotion, reduction, reward, or punishment sliall be in any manner affected by bucii opinions, affiliations, or service.. SCCTIO� 709, ���N PI.��M�T �0�ICy. ' The City Council shoII adopt a Personnel. Pol.i.cy Ordinance, nance, prescribin8hiriow, discharge and performance standards for Council appointees,department beudy, and oL}`er appointive. officials'. No official appointed by t6e City Council shall be terminated within the three mooths folIonio� a municipal election. No official subject to �p�oin�meo� 6y�L6a City Administrative Officer y}ixII be terminated within � the three months immediately folluyiug dle appointment of gistzatine Office ,oea City Admin - r. �oy �o�ice of cerminucioo, traonCer, or demotion shall e e �s/ � state c|,u effective date of the action and a copy vhnIi bfiled with t ' Personnel DepartmeuL, be | 3EQII0PI 7I0, OATH 01' 0FFIC11. EM--�cy official of the Cit�, before entering upon the duties of his o��ice, shall cake tile oath o� o�fice as provided for in the Constitution Of this State, and obaII file the same with L|.e City Clerk' ^ R"CZIUN 7I1' C0MPI':N5ATION OF OFFIcIA[.S A1,11) . Ihe compensation of all City of[icials and emploYeea, except an otber- / ^ wise provided iillLhin / Cbnc�ar, abuII be 6� salary �n 6e fixed �, ordinance ' or resolution. No official or employee shall he alloweJ any fees,perquisites emoIuocoLa, rewards or compensation For any work. performed by him as an offi- ` cioI or employee, aside from the salary or compensation as fixed by the Council but all fees received by him ill connection with 11io official duties shall be ' paid by bim into the City Iceuaozy. PAGE' 10 SAN I,U7.S OBISI'0 CIIA.TIiR SECTION 712. OFFICIAL BONDS. The Council shall, by ordinance or resolution, determine what officials and other persons in the service of.the. City shall give bond either of an individual type or.be included in a master bond, for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond or bonds, and each of such officers and other persons shall before entering.upon i 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 o.f which the is made, by this Charter or otherwise, ex officio incumbent. Such.bonds must be examined by the City Attorney and approved by the City Council.. A1.1 bonds when approved shall he filed with the City Clerk, except the City City Clerk's bond, if any, which shall be filed with the City Administrative Officer. All the provisions of any law of this State relating to the official bonds of officials as then existing shall apply to such bonds, exceptas herein otherwise provided. In all cases where surety company bonds are approved by the Council, the premium therefore A shall be paid by the City. a ARTICLE VIII. FISCAI. ADMINISTRATION .1; 1 SECTION 801. THE FISCAL YEAR. The fiscal year of the City shall cornrience upon the first day of July of each year, or at such other time as may be fixed by ordinance. SECTION 802. ANNUAL BUDGET. On such date in ,each year as shall be fixed by the Council, the City Administrative Officer shall send to the Council a careful: estimate, in writing, of the amounts, specifying in detail the objects thereof required for- the business and proper conduct of the various departments, offices, boards and commissions of the City, over which he has -control, during the next ensuing year. The City Administrative Officer shall also at said time submit to the Council an estimate of the amount of income from all sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation. SECTION 803. PUBLIC HEARING ON TME BUDGET. After reviewing the proposed budget as submitted by the City Admin- istrative Officer and making such revision.s..as it may deem advisable, the Council shall. determine the time for Bolding of a public hearing, and shall. cause a notice thereof to be published not less than ten (10) -days prior to said hearing by at least one insertion in a. newspaper in the City.of San Luis Obispo. Copies of the proposed budget shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing. At the time so.advertised or at any time to which such public hearing shall from time to time be adjourned, the Council shall hold SAI4 LI1.1S OBT.SPO CHARTER PAGE' 11 a public hearing on the proposed budget at which interested persons desiring to be,heard shall be given such opportunity. SECTION 805. GRANTS AND SUBSIDIES. Sufficient funds may be budgeted by the Council for grants, siihsidies, contributions, subventions and the like to economic, promotional, environmental, cul.tural,. or other agencies whose operations are unrelated to those of the City but. who contribute largely to the quality of life of the City. Such funds shall be allotted only after a public, hearing on consideration of an application by the requesting group or agency. Such application shall include complete justi- fication of.the need for the requested aid. l� SECTION 806. INCOME FROM PUBLIC UTILITIES. All income derived from the operation.and management of any public utility by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving, or bettering such public utility, and to the payment of -any debts and interest thereon which may have been :incurred for the acquiring, improving, operating, or -maintaining of r; such utility. SECTION 804. ADOPTION OF THE BUDGET. SECTION 807. TAX LIMIT: sl After the conclusion .of the public hearing the Council'shall further consider the proposed budget and make any revisions thereof that it may deem 'i advisable and thereafter it shall adopt the budget with revisions; if any. 5; Upon final adoption, the budget shall. he in effect for the ensuing fiscal R' year. From the effective elate of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the - various departments or activities therein described. All appropriations shall lapse at the.end of the fiscal. year to the extent that they shall not + have been expended or. lawfully encumbered. At any meeting after the adop- tion of .the budget, the Council may amend or supplement the budget by motion are levied and collected, as additional taxes, if no other provisions for adopted by a majority vote of the Council. SECTION 805. GRANTS AND SUBSIDIES. Sufficient funds may be budgeted by the Council for grants, siihsidies, contributions, subventions and the like to economic, promotional, environmental, cul.tural,. or other agencies whose operations are unrelated to those of the City but. who contribute largely to the quality of life of the City. Such funds shall be allotted only after a public, hearing on consideration of an application by the requesting group or agency. Such application shall include complete justi- fication of.the need for the requested aid. l� SECTION 806. INCOME FROM PUBLIC UTILITIES. All income derived from the operation.and management of any public utility by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving, or bettering such public utility, and to the payment of -any debts and interest thereon which may have been :incurred for the acquiring, improving, operating, or -maintaining of r; such utility. SECTION 807. TAX LIMIT: sl (a) General. The Council shall not .levy a propery tax for municipal 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.author.ized by the affirmative R' votes of the majority of the electorate voting on a proposition to increase j such levy at any election at which the question of such additional levy for :J municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall. be specified in such proposition. (b) Additional Taxes: There shall be levied and collected at the time.and in the.same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provisions for the payment thereof is made.: SAN LUIS OBISPO ClbkRTER PAGE 12 1. A tax sufficient to meet all obligations.of the City for principal and interest of all bonds or.judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all. obligations of the. -City to the Public Employees' Retirement System for retirement of the City Employees, if, any, due.and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to.the above may be made annually in amounts not to exceed the limits hereinafter enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the.City: 1. For public improvements and betterments:. Thirty cents (300). 2. For library purposes: Twenty cents (200). 3. For park and.recreation purposes: Twenty cents (200). The proceeds from any special. levies shall belong to and be paid in to restricted funds set aside for their respective purposes and shall be expended only for such purposes. SECTION 808. ACCOUNTS PAYABLE. ;`conies shall be drawn from the City Treasurer only in the manner pre- scribed by ordinance of the Council. SECTION 809. CLAIMS AGAINST TIIE CITY. (a). No suit shall be brought on any claim for money or damages against the City or any board, or official thereof, until a demand for the same has been presented as herein provided and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. All claims for damages against the City must be presented'to the City Clerk within the time.limits prescribed by the laws of the State of California after the occurrence, event, or.transaction from which the damages allegedly arose, and shall set forth in detail the.name and address of the claimant, the time, date, place,.and circumstances of the occurrence and..the extent of the injuries or damages received.. (b) The..provisions of the foregoing subsection (a) shall not prohibit payment on invoice, claims for goods, wares, materials, and/or services supplied to the.City, and the provisions -for payment on account of said items shall be set out by an.ordinance adopted by the Council. SECTION 810. INDEPENDENT AUDIT. The .Council shall.employ, at the beginning of each fiscal year, an independent certified public accountant who, at such time or timesas may be specified by.the Council, at least annually, shall examine the books, records, inventories, and reports of all officials, employees, departments, and agencies who receive, handle, or disburse public funds. As soon as practicable after the end of the fiscal year., a final audit and report shall be submitted by such accountant to the Council, one. copy thereof to be dis- tributed to each member, one each to the City Clerk, the City Treasurer, the City Administrative Officer, and City Attorney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public for the period required by .the laws of the State of California. Restricted and special assessment district funds shall be segregated in the audit report. 0 SAN LUIS OBJ'S.PO (:I111.1�'1'I;It ARTIC'LI; IX. PUI31,.1:i.; WORKS .AND CON' RACTS PAGE 13 SECTION 901.. CON'.I'lu1CT Rf.QUIREMEN'1'S. I?,very•pr.ofect involving the expenditure of more than two thousand dollars ($2,000.00) in public funds for furnishing supplies and' materials for the same or. for. any other purpose by the City, sha].1 be let by con- tract to the lowest acceptable bidder,. subject to the provisions -herein- after described. When the proposed expend.iti.ir.c, exclusive of engineering costs, exceeds ttao thousand dollars ($2,000.00) but does not exceed five thousand dollars ($5,000.00) three informal bids shall. be obtained, but when in excess of five thousand dollars ($5,000.00) formal bids shall. be required after notice by publication in a newspaper in the. City of San ]suis Obispo by one or more insertions, the first of which shall beat least ten (in) days before the. tii"ie of opening bids. If work is of ail urgency for the preservation of life, health, or property, the Council may,.by at least four affirmative votes, adopt a reso lUtion corttaininl; a declaration of facts constituting such urgency, and. pro- ceed without advertising for bids. SECTION 902. BID PROCEDURE. All forn:.a.l. l)irls shall be accompanied by either a certified or cashier's check or a bidder's bond executed by a corporate surety..auLliorized to engage in such business in California, made payable to the City. Such security. shall he in an amount not less than that specif:i_ed in Lhe 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%) oi- the aggre- gate ai;iount of the bid. If the successful bidder neglects or refuses to enter into the contract within t1le time specified :in the notice :inviting bids or spec:i_ficat:i.ons. referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall. be collected and paid into its general 'fund, and all bonds .so forfeited shall."be prosecuted and the amount thereof collected and paid into such fund. SECTION 903. ACCHI"FANCL OR REJECTION OF BIDS. The Council. may reject any or all bids and may, at its discretion, re -advertise for hills. 'In case all bids are rejected, the Council may provide for the work to be doneor the supplies and materials purchased under the direction of i the CiLy Ach,,ii.nisLrat.i.ve Officer. Hien the estimate of the cost of said work by the C;iLy shows that said work can be done for an equal or Less amount than that of Lil0 lowest acceptable bid, then the Council, by at least: four affirm - alive votes, may adopt a resolution to this effect and assign the work to the appropriate City depar.Lment or agency. The said deparLmenL or agency shall then be deemed the contractor with the right to enforce all. liens and with the sante powers, rights, duties, and obligations as are made or provided by the laws of the StaLe of California for contractors. In case no bid' is received, the Council may likewise adopt a resolution to the effect that the work may be clone or the. supplies and mater.ia.ls purchased under the -direction o.F the City Administrative Officer, and assign such -work to the appropriate City department or. agency. SAN LUIS OBISPO CIIARTER PAGE. 14 SECTION 904. CONTRACT DOCU1tENT. All contracts shall be approved as to form and legality by the City Atr.orney. All cohtracts must be in writing, executed in the name of the Cit -.y by anofficial or officials authorized to sign the same, and must he countersigned by the City Clerk who shall number and register each in a book kept for that purpose. SECTION 905. PROGRESS PAYMENTS. Any contract may provide for progressive payments if the ordinance or resolution authorizing such work includes such a provision. No progressive payments may be provided for or made at any time which with prior payments, if there have been such, shall exceed i.n.amount at any time ninety percent (90%) of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety percent (90%) of the contract price before the completion and acceptance of the work. SECTION 906. SALE OR LEAST: 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 11undred Dollars ($1 0.00) nor any lease or personal property for a period exceeding three years shall be authorized by the Council .except by resolution passed by the affirmative vote .of three-fifths (3/5) of all the members of the Council. SECTION 907. EXEMPTIONS. Nothing in this article shall be construed to apply to the acquisition or purchase of natural gas, telephone service, electricity, electric power or electric energy by the City for -any use or purpose. SECTION 908. ABRIDGEMENT OF CONTRACT. Inasmuch as a contract is a .legal document attesting to the terms of an agreement providing.for an exchange of services for a -mutually -agreed upon compensation In return, any deletions, modifications, or additions shall be completed in writing and filed with the City Clerk. Any abridgement of any provision of a contract, without a written memorandum as required above, shall be considered a breach of contract and a misdemeanor. ARTICLE X. LICENSES AND FRANCHISES. SECTION .1.001. GBANTING OF FRANCHISES. The City Council is empowered to grant by ordi.nance.a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transporati.on, communica- tion, terminal facilities', water light, heat, power, refrigeration, storage, or any other public utility of public service., and to use the public streets,. ways, alleys, and other places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for traversing any portion of the City for the transmitting or con- veying of any service elsewhere. The City Council may prescribe the terms and SAN LUIS OBISPO CHARTER conditions of any such the ML'thod of procedure grant, subject to the PAGE 15 grant. It may also provide, by procedural ordinance and additional terms and conditions for making such provisions of this Charter. SECTION 1.002. RESOLUTION OF INTENTION,,NOTICE, AND PUBLIC BEARING. Before granting any franchls.e, the City Council shall pass•a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof- may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolu- tion at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests,'and its decision thereon shall. be final and conclusive. Thereafter, it may grant or deny the franchise, sub- ject to the right of referendum of the people. SECTION 1003. TERM OF FRANCHISE. Every franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty= five (35) years. No franchise may be renewed until three years before its term expires. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all. property actually used and useful in the exercise of such franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be -forfeited for non-compliance with its terms by the possessor thereof. SECTION 1004. GRANT TO BE IN LIEU OF ALL OTHER FRANCHTSES.. 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 o.f California as said section existed prior to the amendment thereof adopted October 10, 1911. The accept- ance of any franchise hereunder shall operate as an abandonment of all such franchises, rights, and privileges within.the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Cleric. Such acceptance shall be filed within ten (1.0) clays after the adoption of the ordin- ance granting the f.rancliise and,when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall there- after annex, or consolidate with, additional territory, any and all franchises, SAN L1iIS 0BISPO CHARTER PAGE .16 i rty;hts, and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 1005.. EMINENT DOMAIN. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and noth- ing herein contained slial.l be construed to contract away or to modify or to abridge el..tlier 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 a -greed price or a price to be determined in a manner to he 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 wil.i, going concern, earning power, increased cost of reproduction-, severance dankage,.or.increased value of right of way. SL'•CTION 1006. DU IF.S 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 grantor by procedural ordinance,,and shallfurther agree to: (a) Comply with all lawful ordinances, rules, and regulations thereto- fore or thereafter adopted by. the City Council in the exercise of its police power, governing the construction, maintenance, and operation of its plants, works,. or equipment; (b) Pay to the City on demand the cost of all repairs to public property made necessary .by any of the operations of the grantee under such franchise; (c) Pay to the owner on demand the cost of all repairs to private' prop- erty made necessary by any of the operations of the grantee under such franchise; (d) Indemnify and hold harmless the City and its officials :From any and al.l liability for damages proximately resulting from any operations under such franchise; (e) Remove and relocate without expense to the City any .facilities installed, used and maintained under the franchise if and when made necessary by any Lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct; and (f) Pay to the City during the life of the franchise, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council. may prescribe in the grant. The City Administrative Officer shall be responsible for the enforcement of all provisions of the grant. SECTION 1007. VIOLATIONS. The exercise by any person, firm or corporation of any privilege for which a .franchise is.required, without procuring such franchise, shall be a misdemeanor, and each day that such condition continue to exist shall con- stitute a separate violation. SAN LUIS OBISPO CIIARTEIN'. PACE 17 ARTICLE XI. PERSONNEL ADMINISTRATION.. SECTION 1.107.. RULES AND REGULATIONS. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall provide by'ordinance o'r resolution, not inconsistent with this Charter, for personnel rules and regulations. governing all city employees. .SECTION 1102. PERSONNEL BOARD. The Council may establish a Personnel Board consisting of five members. SECTION .1103. POLITICAL ACTIVITIES. . The political activities of all City employees shall conform to pertinent provisions of the Federal and State laws. SECTION 11.04. EMPLOYEE CANDIDACY.FOR PUBLIC OFFICE. Nothing in Section 1103 shall be construed to prevent any full-time employee from seeking election or.appointment to public office.- Upon becom- _ing, a candidate for public office, any such person may request and be granted a leave of absence, without pay, to remain in effect during the period of time such person is a candidate. SECTION 1105.. RE'T'IREMENT. The City.Council shall be authorized to enter into a'co.ntract with the Board of Aclninistration of the Public Employees' Retirement System of California which shall .include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement. System only upon authority approved by -a majority vote of the electorate. ARTICLE XII.. BOARD AND COMMISSIONS. SECTION 1201. AUTHORITY. The City Council shall have the authority to establish by ordinance citizen committees, commissions, boards, and authorities as required by the State of California or as the Council deems necessary to give it advice or assistance. Such authorizing ordinances shall .clearly define goals, respon- sibilities,and _jurisdiction of such a body. The Council shall have the authority to establish by.resolution any. temporary or "ad hoc" citizen committees with limited life -span and clearly defined objectives specified insuch a resolution. SECTION 1202. ELIGIBILITY, APPOINTMENT, AND LENGTH OF TERMS. . All registered voters within the City, except part or full-time officials and management employees of the City, shall be eligible for appointment, and shall be selected and appointed by any method deemed appropriate by the Council. P a 11 i SAN LUIS OBISPO CHARTER PAGE 18 No committee member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms. SECTION 1203. VACANCIES. If a vacancy occurs in the body created by the Council, that vacancy may be filled by the Council for the unexpired term of such a position. A member of any.such body may be removed by three affirmative votes of the Council. SECTION 1204. BY-LAWS AND PROCEDURES. Each body established by ordinance shall present in writing to the Council for approval its by-laws for procedure: purpose, specific functions, meetings, officers, budget, etc. SECTION 1205. ANNUAL REPORTS. By May 1 of each year, each established body shall report to the Council on its activities for the preceding.year, as well as its proposed activities and requested budget for the forthcoming year. SECTION 1206. FUNCTIONAL REVIEW. Every five years of a standing committee's life, the activities of such a body shall be reviewed by a citizens' "ad hoc" committee and recommendations presented to the Council for modification or continuation of function, or for termination. The Council, at its discretion, may refer this task to the Personnel Board. AW, 1 9 19aGENDA FTEM # Gu -4 APPROVED { ) DEf4tED CONTIWED 70 To: The Honorable Mayor and Members of the City Council From: F. M. Gruber, Chairman, Charter Review Committee Subject: City Charter Revision for November Ballot The former Charter Review Committee and the Citizens' Advisory Committee have met separately to discuss the future of the revised City charter which was de- feated at the November election. This has not been brought to the Council's attention until the seating of the new Council members. The alternatives. discussed were: 1. Drop the matter completely; 2. Present the charter again, unchanged; 3. Present portions of the charter separately; 4. Seek a new approach. The consensus of the two groups was that alternative #1 would send a great deal of citizen volunteer effort down the drain and certainly wouldn't help in bring- ing the charter up to date. Alternative #2 would probably repeat the November 19%b result. Alternative #3 looked promising but, if it meant amending the charter point by point at future elections, might take many years to accomplish and would not result in any re -arrangement of the charter itself. A combination of alternatives #3 and #4 seemed the best approach to both committees. It is recommended that the November 8, 1977, ballot allow controversial issues to be voted on one by one, followed by the re -arrangement itself. In this way, the electorate could decide which of the several opposed conditions should be adopted. Each item would have its own pro and con arguments, and the result should be a comprehensive amended and up -dated charter. The following items, plus others at the Council's discretion, would be separately considered at the coming November election: 1. Mayor's term of office; 2. Numbering of Council seats; 3. Limitations on number of elective terms;:; 4. Method of filling Council vacancies; 5. Method of determining Council pay levels; 6. Mandatory personnel board. The members of the former ad hoc Charter Review Committee have all volunteered to continue as such and the Council, if it approves the continuation of the charter modernization, is requested to re -appoint them by motion or resolution. The Council's earnest considerable of the general outline above (at an early date) is strongly recommended so that the Committee can commence work on the exact wording of the ballot measures for Council approval. FMG 990 PALM STREET o P.O. BOX 321 e SAN LUIS OBISPO, CA 93406 To: All embers of the June 10, 1977 Charter Review Commi From: F. M. Gruber, chairman Subject: Last Word on the Charter Modernization. I had spent a great deal of time in the past few weeks achieving the charter format desired by the City Clerk and the City Attorney to put on the November ballot. The.City Council has now decided they would. rather have the amended charter presented to the people in the June 1978 primary election rather than the November 1977 election. Like so many other projects the Council has postponed making a decision on, I doubt if this will ever come to life again. I have pdt all the charter material away in a big envelope in case anyone might be at all interested in the future. Best wishes to each of you. TMG/1 /C1. J 3 city of sAn 1.. OBISPU � e :• .. _ 990 PALM STREET • P.O. BOX 321 • SAN LUIS -OBISPO, CA 93406 .. •:�ktie�i�i?i�lYh 9fE , To: All members of the May 13, 1977 Charter Review Committee From: F. M. Gruber, chairman Subject: Re -activation of the City Charter modification The City Council, at its study session on Tuesday, May 10, took up the matter. of the charter revision. All the members agreed that the charter needed up- dating; they agreed with our proposal that the controversial items should be voted upon separately, and gave. us the go-ahead. Here it is May 13, and we've got to complete the charter proposal, submit it to the Council, gain their approval or make their changes, go before a public hearing (Judge Woolpert, stay home), and be transmitted to the County Clerk for inclusion on the November 8 ballot, all by about August 20, according to Jean Fitzpatrick. The mechanism of splitting the controversial items from the rest of the charter is reasonably simple, and I am prepared to take care of that, with the advice of the City Clerk and the City Attorney. Where I need help is in preparing the "pro" and "con" arguments for each part - of the charter that is separated, as outlined in my letter to the Council dated April 1, a copy of which was sent to each of you. The arguments do not have to be a product of the committee members only, as anyone can expound his beliefs. So, if you've.got any thoughts about portions of the..charter you worked on, or agreed or disagreed with the majority of the committee, or know someone else who may want to be heard, please put everything in writing and send to me as soon as possible. I promise not to make any changes, even if the arguments are contrary to my own opinion. Councilman Dunin has talked to me about the charter several times, and I think I can get him to prepare a few "con" arguments. I have told him that, if a majority of the Council want something changed, we will be glad to oblige, but we will not change anything on one member's suggestion. We'll have a meeting when we have something more concrete to look at, just before we present it to the Council. Call me anytime at 543-0163. FMG/l ai .�•1 i::•�i{�i �';i��.:.y�:��,i yHl�:l��r�'i r.; ti�.i�.l��� July 15, 1976 F[j� $ x..13 is JJ ��a./�� Tom.+•r C:i.'.`_.,./�7.'.�•� u 990 PALM STREET s P.O. GO.'. 321 o SAN LUIS OBiSF'O, CA 93406 Mr. Foster Gruber 1354 Ocear,aire Drive San Luis Obispo, Calif. 93401 Dear Foster: The City Council of the City of San Luis Obispo will hold a study meeting on Tuesday, July 20, 1976 to consider the report of the Citizen's Committee studying the efficacy of Ordinance No. 614 - The Election Campaign Ordinance. The study meeting will be held, starting with dinner at 6:00 p.m., with the City Council and members of the Citizen's Committee studying revisions to the City Charter. Following dinner, approx- imately 7:30 p.m., the City Council will return to the City Hall, Hearing Room, to discuss revisions to Ordinance No. 614 with adjournment scheduled for 10:00 p.m. The City Council's study meeting of Tuesday, July 20, 1976, will start at 4:00 p.m., to consider the report of the Citizen's Committee recommended changes to the City Charter. This portion of the meeting will adjourn at 6:00.p.m. for dinner to which the City Council has invited the members of both Citizen's Committees to attend. Yours truly, J.H. Fitzpatrick City Clerk JHF:pv Modesto Mur. Code Charter ♦ pal'officers shall apply to the use thereof in the City insofar as the same are not in conflict with this Charter. ARTICLE IV. FORM or GOVERNMENT SECTION 400. COUNCIL-MANAGER FORM. OF GOVERN- The government provided by this Charter shall MENT. municipal be known as the "Council -Manager" form of government. ` ARTICLE V. THE ELECTIVE OFFICERS SECTION 500. ENUMERATION. The elective officers of the - - City of Modesto shall be a Mayor and six (6) Councilmen. The Council shall consist of the Mayor and six (6) 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 Coun- cilmen shall be elected at the general municipal election on a gen- eral ticket from the City at large. SECTION 502. COUNCIL VACANCIES. The provisions of Sec- tion 1770 of the Government Code of the State of California as they now exist or may hereafter be amended shall govern the ex- istence of a vacancy. ARTICLE VI. THE MAYOR SECTION 600. TERM OF OFFICE. The Mayor shall hold office for a term of four (4) years from and after the first Tuesday fol- lowing his election and until his successor is qualified and elected. SECTION 601. POWERS AND DUTIES. The Mayor shall be rec- ognized as the official head of the City for all political, representa- ��. tive and ceremonial purposes, and by the Governor for military purposes. In time of public danger or emergency, he may, with the consent of the Council, or pending a meeting of the Council, direct the administration of the City Government through the City Manager. The Mayor shall be charged with the duty of making recom- mendations to the Council on all major matters of policy and program which require Council decision. The Mayor shall have the primary, but not exclusive, responsibility for interpreting the # policies, programs and needs of the City government to the com- '. munity. He may also, on his own account, as may each individual- . Councilman, inform the community on any matters of policy or which he believes the welfare of the community makes program necessary. It shall be the duty of the Mayor to represent the Council -..•' " in its relationships with civic groups within the City, and by direction of the Council, he shall represent the City in its rela- tionships with other governmental agencies on matters of policy and program. The Mayor shall preside at meetings of the Council and shall have a vote. as a member of the Council. He shall have no power to veto any ordinance or resolution adopted by the Council. 4 The Mayor shall have authority to- preserve order at all Council meetings and to remove or cause the removal of any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council, and to determine the order of business under the rules of the Council. The Mayor shall exercise such other powers and perform such other duties as may be con- his office or as may be granted to him by the Council sistent with not inconsistent with this Charter. Nothing in this section shall be construed in any way as an a r 1 infringement or limitation on the powers and duties of the City Manager as chief administrative officer and head of the admin- istrative branch of the City government as prescribed in other sections of this Charter. (As amended April 16, 1963.) 7 IULTZ. FITt.FWTQ i c4C To: The Honorable Mayor and July 10, 1976 Members of the City Council From: F. M. Gruber, Chairman Charter Review Committee Subject: PROPOSED CITY CHARTER REVISION Herewith is the proposed charter revision resulting from a program approved by the City Council at its Tuesday, February 17, 1976, meeting. This considerable task could not have been accomplished without the dedicated and concerned efforts of the members of the charter review committee, all well- known in volunteer community effort: Madames Mary Rhodes and Ella Todd, Dr. Dean Miller, and Messrs. Steve Smith, Robert Leitcher, and Harry Morris. Each one brought to the committee an individual interest and insight into municipal operations from the community involvement viewpoint. Many hours were devoted to debate on the best way to control or adjudicate problems of legislation versus administration, with a large number of proposals being adopted by majority, rather than unanimous, vote. Much of the 1955 charter remains intact. Invitations were sent to members of the Council, city officials, chairmen of all citizen committees, and individual employees to contribute suggestions or to become involved. Response was minimal. The philosophy leading to the committee's goal was to make the city charter a viable document that confined itself to broad objectives, leaving operational details to later Council discretion via ordinances and resolutions. In this manner, the committee hoped to create a legal framework with guidelines, but -not rigid rules of procedure, to indicate areas and means of performance compatible with today's governmental needs. This is not to say ,that the committee solved all potential problems; our democratic approach still permits of controversial or diverse viewpoints. The committee's efforts concentrated on several major fields of consideration and resulted in the following proposed revisions: 1. The discard of many obviously out -dated provisions, such as the school board, the board of equalization, the assessor, etc. 2. The elimination of much of the duplication and redundancy found in the 1955 charter, mainly by combining like items and using the best features of each. 3. The streamlining of the document by re -arranging the many topics into a logical and inter -related sequence. 4. The inclusion of several major proposed changes: a. Strengthening and clarifying the authority and responsibility of both elected and appointed officials. b. Extending the Mayor's term.of office from two to four years. c. The election of the Council by individual seats, although still at large. d. Limiting the Mayor and Council members to no more than two successive terms to the same office. PROPOSED CITY CHARTER Ri.—SION - page 2 e. Elimination of mention of specific compensation for either Mayor or Council members, but leaving the procedure for determination of amount as it is now. ` f. Deletion of the provisions for removal of the City Administrative Officer. g. Provision for initial probation and subsequent limited -term contracts for all appointed officials. h. Substitution of a reference to State laws in place of the existing complex description of the Claims procedure. i. Establishment of a Personnel Board, which is to brought before the . Council under separate legislation, and consequent reduction in a number of charter items relating to personnel practices. NOTE: the City employee associations wanted a "prevailing wage" survey mandated in the charter; the committee felt this was better suited to the ordinance to be considered shortly. j. Elimination of any requirement for specific citizen boards or commissions, allowing the Council considerable leeway in establishing and terminating such groups but requiring a description of their responsibilities as an integral part of the ordinance or resolutionof creation. These are not the only changes, of course;.there are many detailed but less apparent revisions throughout the document, each having its own impact upon the City's operations. The revised charter has been submitted to the City Attorney for comment and certain passages have been changed to permit the use of more legal language as a result. The readers of this revised charter are invited to use the page preceding page 1 (not a part of the charter) as a reference in comparing the new sections with those in the 1955 charter having the same subject matter. It is hoped the Council will give this proposal its serious consideration so that, if approved, the revised charter may be submitted to the electorate on the November ballot. FMG1f City Of SAn I . ....... UIS OBISPO i .;;.;:�:,•_ �:-.1L 990 PALM STREET P.O. BOX 321 SAN LUIS OBISPO, CA 93406 July 27, 1976 MEMORANDUM TO . Mayor Schwartz and Members of the City Council FROM Jess Norris, Council SUBJECT Proposed City Charter Revision My concerns relative to the proposed City Charter Revision include the following: 1. Term of Mayor: I prefer the present system of allowing the people to vote for Mayor every two years. I am adamantly opposed to asking the people to sacrifice their rightto elect a Mayor every two years. I propose that we direct staff to make the new Charter read like the old one relative to this issue. 2. Personnel Board: I am in favor of the present system rather than have a Personnel Board as suggested. Members of the Council are the people's repre- sentatives. They are the only ones the people have a handle on. It is not right to delegate power to appointed people who do not have to answer to the people. I propose that we direct staff to make the new Charter read like the old one relative to this matter. 3. Form of Government: -- I prefer the present form of City Government which I understand to be "Council -City Administrator". All five members of the Council represent all the people. I think each member of the Council should be equal as has worked so well for so many years. I propose that we direct staff to change Section 201 and Section 406 to make the new Charter read like the old one relative to powers of the Mayor and Members of the City Council. Mayor Schwartz and Members of the City Council July 27, 1976 Page Two 4. Filling Council Vacancies: The people deserve to have a say relative to who is going to represent them. I propose that we have staff revise Section 405 to state that Council vacancies will be filled by election. 5. Contract Requirements: We should keep the present $5,000 maximum on bids and that the Charter direct this according to the rise or fall of the construction index. I propose that we direct staff to properly word this for the public hearing draft. 6. Boards and Commissions: Eligibility, Appointment and Length of Time. Change Section 1202 to read that they serve terms not to exceed 4 years or serve for a period of more than 8 years. I further recommend that we add a sentence stating that people may serve on only one committee, except in cases where they represent that committee on another. I am very strongly in favor of the following: 1. The time, effort and quality of work.the committee did relative to the proposed revision; 2. The way the proposed revision is organized; and 3. Limiting the length of service in one office to 8 years. JN:pv cc: R.D Miller V•H Fitzpatrick Allen Grimes Foster Gruber CITY CHARTER jot the CITY oSAN LUIS 0 B I S P 0 Revised August 16, 1976 t TABLE OF CONTENTS Title Description Page No. ARTICLE I. INCORPORATION AND APPLICATION . . . . . . . . . 1 ARTICLE II. FORM AND POWERS OF MUNICIPALITY . . . . . . . ... . 2 ARTICLE III.. MUNICIPAL ELECTIONS . . . . . . . . . . . . . . . . 3 ARTICLE IV. ELECTIVE OFFICIALS . . . . . . . . . . . . . . 3 ARTICLE V: COUNCIL POWERS AND PROCEDURES . . . . . . . . . . . 5 ARTICLE VI: LEGISLATIVE ACTIONS . . . . . . . . . . . . . 6 ARTICLE VII. APPOINTIVE OFFICIALS . . . . . . . . . . . . 8 ARTICLE VIII.' FISCAL ADMINISTRATION . . . . . . . . . . . . . . 10 ARTICLE IX. PUBLIC WORKS AND CONTRACTS 13 ARTICLE X. LICENSES AND FRANCHISES . . . . . . . . . . . . . 14 ARTICLE XI. PERSONNEL ADMINISTRATION . . . . . . . . . . . 17 ARTICLE XII. BOARDS AND COMMISSIONS . . . . . . . . . . . 17 i SAN LUIS OBISPO CHARTER PAGE 1 ARTICLE I._. INCORPORATION AND APPLICATION SECTION 101. NAME OF THE CITY. The Municipal Corporation now existing and known as."The City of San Luis Obispo" shall remain and continue a body politic and corporate, as at present, in fact and in law, and by such name shall have perpetual succession. SECTION 102. BOUNDARIES. The boundaries of the City of San Luis Obispo shall continue as now established until changed in a manner authorized by law. SECTION 103. EFFECTIVE DATE OF CHARTER. This Charter shall not take effect until accepted and filed by the Secretary of State pursuant to the provisions of Section 34464 of the Govern- ment Code. SECTION 104. GENERAL LAW APPLICABLE. - All general laws of the State applicable to municipal corporations, now or hereafter enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, shall be applicable to the City. SECTION 105. AMENDMENTS. This Charter may be amended in accordance with the provisions of the Constitution and laws of the State of California. SECTION 106. DEFINITIONS. When used in this Charter the masculine gender includes the feminine and neuter. The present tense includes the past and future tenses, and the future, the present. The singular number includes the plural, and the plural, the singular. "Shall" is mandatory and "May" is permissive. "Oath" includes affirmation. The word "City" wherever it occurs in this Charter, means the City of San Luis Obispo, and every Commissioner, Commission, Department, Board, Officer, Employee, wherever mentioned in this Charter means the Commissioner, Commission, Department, Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo. The word "Council" when used in this Charter means the Council of the City of San Luis Obispo. SECTION 107. CONFLICTS. Any municipal ordinance, resolution, or motion duly approved by the City Council which is in effect at the time this Charter is made effective - shall continue in force unless it is in conflict with any provision of this Charter, at which time it shall become null and void. SECTION 108. VALIDITY OF CHARTER. If any section, subsection, sentence, clause or phrase of this Charter is for any reason held to be unconstitutional or void, such decision shall not effect the validity of the remaining separable portions of this Charter. The people of the City of San Luis Obispo hereby declare that they would have adopted this Charter and each section, sub=section., clause or phrase thereof irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional or void. c SAN LUIS OBISPO CHARTER PAGE 2 SECTION 109. VIOLATION OF CHARTER. The violation of any .provision of this Charter shall be deemed a mis- demeanor, and may be prosecuted. by the authorities of the City in.the name of the people of the State of California, or maybe redressed by civil action, at the option of said authorities. The maximum penalty upon conviction for the violation of any provision of this Charter shall be a fine of not exceed- ing one thousand dollars ($1,000.00) or by imprisonment for a term of not exceeding one year or by both such fine and imprisonment. Any person sentenced to imprisonment for the violation of a provision of this Charter may be imprisoned in the city jail, or in the county jail of the county in which the City of San Luis Obispo is situated. The City Council collectively shall be responsible for the enforcement of the provisions of the Charter. ARTICLE II. FORM AND POWERS OF MUNICIPALITY SECTION 201. FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the "Council -Mayor -Administrative Officer" form of municipal government. SECTION 202. GOVERNING BODY. All powers herein granted to and vested in the City of San Luis Obispo: shall, except as herein otherwise provided, be exercised by a Council to be designated the Council of the City of San Luis Obispo. Said Council shall be - the governing body of the City and, subject to express limitations of this Charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the Con- stitution and laws of the State of California. SECTION 203. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitation as may be provided in this Charter and in the Constitution and laws of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corpora- tion might or could exercise under the Constitution and laws of the State of California. The enumeration in this Charter of any particular power shall not beheld to be exclusive of or any limitation upon this general grant of power. SECTION 204. ORGANIZATION OF CITY GOVERNMENT. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall provide by ordinance or resolution, not inconsistent with this Charter, for the powers and duties of -all officials and employees of the City and for the organization, function, conduct, and operation of the several departments of the City and may provide for the creation of additional departments, divisions, offices, and agencies, and for their consolidation, alteration, or abolition. SAN LUIS OBISPO CHARTER PAGE 3 SECTION 205. CONSOLIDATION OF FUNCTION., The Council may transfer or consolidate functions of the City govern- ment to or with appropriate functions of the State or County government, or may make useof such functions of the State or County government, and in case of any such transfer or consolidation, the provisions of this Charter providing for the function of the City government so transferred or consol- idated, shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner., ARTICLE III. MUNICIPAL ELECTIONS SECTION 301. PROCEDURE. Unless otherwise provided by Ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended.' SECTION 302. GENERAL MUNICIPAL ELECTIONS. General municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in March in each odd numbered year. SECTION 303. SPECIAL MUNICIPAL ELECTIONS: All other municipal elections that may be held by authority of this Charter, or of general law, or by Ordinance, shall be known as special munici- pal elections. SECTION 304. INITIATIVE, REFERENDUM AND RECALL. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative, referen- dum and recall of municipal officers, shall apply to the use thereof .in this City insofar as the provisions of the elections code are not in conflict with this Charter. ARTICLE IV. ELECTIVE OFFICIALS SECTION 401. ENUMERATION. The elective officers of the City of San Luis Obispo shall be.a Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all questions coming before the Council. SECTION 402. ELECTED AT LARGE. The Mayor shall be elected at the general municipal election on a general ticket from the City at large.. The Council seats shall be numbered from one to four, and candidates for Council shall indicate their selection of individual seats. Two members shall be elected at each biennial election, rotating between the odd and even numbered seats, from the City at large. SAN LUIS OBISPO CHARTER PAGE 4 SECTION 403. ELIGIBILITY FOR OFFICE. No person shall.be eligible for election to, or to hold, the office of Mayor or Councilman of said City unless he is and shall have been a resident thereof, or of territory legally annexed thereto, on or prior to the date of .such election or appointment, for at least 30 days next preceding his election thereto, or his appointment to fill a vacancy therein, and is an elector thereof at the time of such election -or appointment. SECTION 404. TERMS OF OFFICE. The term of the Mayor and each member of the Council shall be for a period of four years. Applicable prospectively on and after the successful election of 1977 none shall be elected to the same office more than twice in succession. Terms shall commence on the first day of April at twelve o'clock noon following the election and each shall serve until a successor is.elected and qualified, or appointed. Ties in voting shall be settled by the casting of lots. SECTION 405. VACANCIES. If a vacancy shall occur in the office of Mayor or Councilman, the Council shall forthwith appoint a person to fill such vacancy. Said appointee shall possess such qualifications for eligibility as are -set forth in Section .403 of this Charter and shall hold office until the expiration of the term of the member whom he is replacing or .until his successor is duly elected and qualified. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insance, convicted of felony,: -or of an offense involving a violation of his official duties, or ceases to be a resident of the City, or shall have been absent from the State without leave granted by the City Council for more than sixty con- secutive days, or fails to, attend the meetings of the body of which he is a member for a like period without being excused therefrom by said body. SECTION 406. MAYOR - POWERS AND DUTIES. The Mayor shall preside at all meetings of the City Council and per- form such other duties consistent with his office as may be imposed by the Council or by vote of the people. He shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the. Council the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the respon- sibility for forwarding the work -program approved by the Council. He shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, he shall take command of the public forces, maintain order, and enforce laws. The Mayor.shall exercise such other powers and perform such other duties as may be prescribed by law or -ordinance or by resolution of the Council, except as limited by this Charter. SECTION 407. MAYOR PRO TEMPORE. The Council shall elect one of its members to be Vice Mayor. During the temporary absence or disability of the Mayor, the Vice Mayor shall act as Mayor Pro Tempore. In case of the temporary absence or disability of both the Mayor and Vice Mayor, the Council shall elect one of its members to be Mayor Pro Tempore. In case of -vacancy in the office of Mayor, the Vice Mayor shall act as Mayor until such vacancy can be filled as provided in this Charter. SAN LUIS OBISPO CHARTER PAGE 5 SECTION 408. COUNCIL MEMBER TO HOLD NO OTHER OFFICE. No member of the Council shall hold any other municipal office or hold any office or employment the compensation of which is paid out of the municipal monies; nor be elected or appointed to any -office created or the compensation of which is increased by the Council, while he.is a member thereof, until one year after the expiration of the term for which he was elected. SECTION 409. COMPENSATION. The Mayor and each Council Member shall receive compensation for services, as such,.payable..monthly. The Mayor shall be compensated at a rate different -from that of Council Members. The expenses incurred for Council -approved official business shall be reimbursed. Compensation for Mayor and Council Members shall be reviewed, and when warranted, adjusted biennially in odd -numbered years effective July . Compensation shall be determined by a five member Ad Hoc Committee. This committee shall consist of the Chairpersons of three City standing commit- tees, drawn by lot, and who shall mutually select..the managers of two banks located in the City of San Luis Obispo. The City Administrative Officer shall be responsible for impaneling the committee during the month of January and shall provide all data required by the committee for its work. The committee's determination shall be submitted to the Administrative Officer prior to May 1. The committee's recommendations shall be final unless changed by the initiative process. ARTICLE V. COUNCIL POWERS AND PROCEDURES SECTION 501. GENERAL POWERS OF THE COUNCIL. Subject to the provisions and -restrictions contained -in this Charter and the delegation of power,.if any, to any person, officer, board, or commission, the Council shall have -the powerin the name of the City, to. do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution and laws of the State of.California, or which now or hereafter it would be competent for this Charter to specifically enumerate.. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. SECTION 502. MEETINGS OF COUNCIL. The Council shall, by ordinance, provide for the time and place of holding its meetings and the manner in which its special meetings may be called. Public interest.and convenience shall be the primary considerations when decisions are made as to time, location, and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. SECTION 503. QUORUM. A majority of .the Council shall constitute a quorum for the transaction of business. SAN LUIS OBISPO CHARTER PAGE 6 SECTION 504. RULES OF PROCEDURE. The Council shall determine its own rules of procedures. SECTION 505. VOTING. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. All members, when present, must vote. Failure or refusal to vote shall be construed as an affirmative vote. SECTION 506. MAJORITY RULE. No ordinance,.resolution or motion shall be passed or become effective - without receiving the affirmative vote of at least three members of the Council. SECTION 507. ADMINISTERING OATHS; SUBPOENAS. Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses,.to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional -grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State. SECTION 508. LIMITATIONS. No member of the Council shall be appointed to or serve as a voting member of any City board, committee, commission, or authority, whether composed of citizen volunteers, City employees, or a combination of both. This is notto be construed as prohibiting members of the Council from serving on committees or sub -committees of the Council itself, or of agen- cies representing other levels of government.' ARTICLE VI. LEGISLATIVE ACTIONS. SECTION 601. METHOD OF ACTION BY COUNCIL. All action by the Council shallbe taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to. taxation or to possible criminal action against an offender shall be in the form of ordin- ances. Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. SECTION 602. REQUIREMENTS OF ORDINANCES. With the sole exception of -ordinances which take effect upon adoption referred to in this article, no ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment SAN LUIS OBISPO CHARTER PAGE 7 being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no portion less than a full section shall be so published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. SECTION 603. ENACTMENT. The enacting clause -of every ordinance passed by the Council shall be: "Be it ordained by the Council of the City of San Luis Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of.the City of San Luis Obispo." SECTION 604. EFFECTIVENESS. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council shall go into effect at the expiration of thirty (30) days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go .into effect in less than thirty (30) days from its final passage. But ordinances declared by the Council to be necessary as emergency measures as hereinafter provided, ordinances ordering or otherwise relating to elections, ordinances. relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. SECTION 605. EMERGENCY LEGISLATION. Any ordinance declared by.the Council to be necessary as an emergency measure, for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at once and the same meeting if passed by at least four affirmative votes. SECTION 606. AMENDING ORDINANCES. No ordinance shall be amended by reference to its title, but the sec- tions thereof to be amended shall be re-enacted at length as.amended; and any amendments passed contrary to the provisions of this section shall be void. SECTION 607. REPEAL. No ordinance nor section thereof shall be repealed except by an ordin- ance adopted in the manner provided in this Charter. This is not to prohibit the voiding or expiration of any ordinance when such voiding or expiration is provided for in the ordinance itself. SECTION 608. CODIFICATION. OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled and codified in accordance with the provisions of the laws of the State of California as the same now exist or may hereafter be amended. Detailed regulations pertaining to the construction of buildings,. plumbing and wiring, fire prevention and similar matters, when arranged as a comprehensive code, may likewise be adopted by reference in the manner pro- vided by state law. SAN LUIS OBISPO CHARTER PAGE 8 SECTION 609. VIOLATION OF ORDINANCES. The violation of any ordinance adopted and published by the City Council shall constitute a misdemeanorunless 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. ARTICLE VII. APPOINTIVE OFFICIALS SECTION 701. GENERAL DESCRIPTION. The officials of the City of San Luis Obispo shall consist of a City Administrative Officer,'a City Treasurer, a City Clerk, a City Attorney, and such assistants or deputies as the Council may deem necessary. Such officials shallbe appointed.by and may be removed only by the affirmative votes of a majority of the members of the Council. All other officials and department heads of the City shall be appointed by and may be removed by the City. Administrative Officer. SECTION 702. DUTIES OF OFFICIALS AND EMPLOYEES. After obtaining and considering the recommendations of the City Admin- istrative Officer, the Council shall provide in a manner not inconsistent with this Charter, for the powers and duties of all officials and employees of the City. SECTION 703. CITY ADMINISTRATIVE OFFICER. The City.Administrative Officer shall be the administrative head of the government of the City. As such, he shall be responsible to the Council for the efficient implementation of its policy and effective administration of all the affairs of the City government under his control. Any action, determination.or omission of the Administrative Officer or his staff shall be subject to review by the Council but no individual Councilman or the Mayor shall overrule, change or modify any such action, determination or omission except by affirmative vote of at least three members of said Council at a duly constituted session. The Administrative Officer shall advise and make recommendations to the Council concerning any conditions or governmental situations he feels need Council direction or policy determination. The Administrative Officer will insure that the Council, as a whole or as individuals, are permitted timely and complete freedom of access to requested information. SECTION 704. QUALIFICATIONS. The City Administrative Officer shall be chosen on the basis of his administrative qualifications. He need not be a resident of the City or the State at the time of his appointment,but during his tenure in office, he shall reside within the City. SECTION 705. ELIGIBILITY OF COUNCIL MEMBERS. No member of the City Council shall, during the term for which he was elected or appointed, or for one year thereafter, be eligible to hold the position of City Administrative Officer. SAN LUIS OBISPO CHARTER PAGE 9 SECTION 706. COMBINING OF OFFICES. Where the.positions are not incompatible, the Council may combine in one person the powers and duties of two or more offices created or provided for in the Charter. SECTION 707. NEPOTISM. No person who is a relative by blood or marriage within the third degree of any member of the City Council or of any Council -appointed official, or of any other official having appointive powers under this Charter shall be permitted to hold any part-time or full-time position within the City, nor shall any two or more persons who are relatives by blood or marriage within the third degree be permitted to hold any part-time or full-time positions within the same department. SECTION 708. POLITICAL AND RELIGIOUS TESTS. Except.as otherwise provided by the general laws of this State here- tofore or hereafter enacted, no appointment to any position under the City government shall be made or be withheld by reason of any religious or polit- ical opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment and no transfer, promotion, reduction, reward, or punishment shall be in any manner affected by such opinions, affiliations, or service. SECTION 709. EMPLOYMENT POLICY. The City Council shall .adopt a Personnel Policy Ordinance, prescribing hiring, discharge and performance standards for Council appointees, department heads, and other appointive officials. No official appointed by the City Council shall be terminated within the three months following a municipal election. No official subject.to appointment by the City Administrative Officer shall be terminated within the three months immediately following the appointment of a new City Admin- istrative Officer. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Personnel Department. SECTION 710. OATH OF OFFICE. Every official of the City, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. SECTION 711., COMPENSATION OF OFFICIALS AND EMPLOYEES. The compensation of.all City officials and employees,.except as other- wise provided in this Charter, shall be by salary.to be fixed by ordinance or resolution. No official or employee -shall be allowed any fees, perquisites, emoluments, rewards or compensation for any work performed by him as an offi- cial or employee, aside from.the salary or compensation as fixed by the Council, but all fees received by him in connection with his official duties shall be paid by him into the City Treasury. SAN LUIS OBISPO CHARTER PAGE 10 SECTION 712. OFFICIAL BONDS. The Council shall, by ordinance or resolution, determine what officials and other persons in the service of the City shall give bond either of an individual type or be included in a master bond, for the faithful performance of their duties and/or honesty, and shall fix the amounts of such bond or bonds, and each of such officers and other persons shall before entering upon the duties of his office or employment, execute a bond to the City in the penal sum provided by such ordinance or resolution, including in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined by the City Attorney and approved by the City Council. All bonds when approved shall be filed with the City Clerk, except the .City City Clerk's bond, if any, which shall be filed with the City Administrative Officer. All the provisions of any law of this State relating to the official bonds of officials as then existing shall apply to such bonds, except as herein otherwise provided. In all cases where surety company bonds are approved by the Council, the premium therefore shall be paid by the City. ARTICLE VIII. FISCAL ADMINISTRATION SECTION 801. THE FISCAL YEAR. The fiscal year of the City shall commence upon the first day of July of each year,.or at such other time as may be fixed by ordinance.` SECTION 802. ANNUAL BUDGET. On such date in each year as shall be fixed by the Council, the City Administrative Officer shall .send to the Council a careful estimate, in writing, of the amounts, specifying in detail the objects thereof required for the business and proper conduct of the various departments, offices, boards and commissions of the City, over which he has control, during the. next ensuing year. The City Administrative Officer shall also at said time submit to the Council an estimate -of the amount of income from all sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation. SECTION 803. PUBLIC HEARING ON THE BUDGET. After reviewing the proposed budget as submitted by the City Admin- istrative Officer and making such revisions as it may deem advisable, the Council shall determine the time for holding of a public hearing, and shall cause a notice thereof to be published not less than ten (10) days prior to said hearing by at least one insertion in a newspaper in the City of San Luis Obispo. Copies of the proposed budget shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the Council shall hold J SAN LUIS OBISPO CHARTER PAGE 11 a public hearing on the proposed budget at which interested persons desiring to be heard shall be given such opportunity. SECTION 804. ADOPTION OF THE BUDGET. After the conclusion of the public hearing the Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and thereafter it shall adopt the budget with revisions, if any. Upon final adoption; the budget shall be in effect for the ensuing fiscal year. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the various departments or activities therein described. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adop-. tion of the budget, the Council may amend or supplement the budget by motion adopted by a majority vote of the Council. SECTION 805. GRANTS AND SUBSIDIES. Sufficient funds may be budgeted by the Council for grants, subsidies, contributions, subventions and the like to economic, promotional, environmental, cultural, or other agencies whose operations are unrelated to those of the City but who contribute largely to the quality of life of the City. Such funds shall be allotted only after a public hearing on consideration of an application by the requesting group or agency. Such application shall include complete justi- fication of the need for the requested aid. SECTION 806. INCOME FROM PUBLIC UTILITIES. All income derived from the operation and management of any public utility by the City shall be devoted exclusively to the payment of the expenses of operating, maintaining, improving, or bettering such public utility, and to the payment.of any debts and interest thereon which may have been incurred for the acquiring, improving, operating, or maintaining of such utility. SECTION 807. TAX LIMIT. (a) General. The Council shall not levy a propery tax for municipal purposes for any fiscal year, greater than eighty-five cents (85(,%) on each one hundred dollars of assessed value of taxable property in the City, except as otherwise provided in -this section, unless authorized by the affirmative votes of the majority of the electorate voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted.to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes.. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, .as additional taxes, if no other provisions for the payment thereof is made: SAN LUIS OBISPO CHARTER PAGE 12 1. A tax sufficient to meet all obligations of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year which constitute the general obligations of the City; 2. A tax sufficient to meet all obligations of the City to the Public Employees' Retirement System for retirement of the City Employees, if any, due and unpaid or to become due during the ensuing fiscal year; (c) Special Levies. Special levies in addition to the above may be made annually in amounts not to.exceed the limits hereinafter enumerated in this section, respectively, on each $100 of the assessed value of the taxable property in the City: 1. For.public improvements and betterments: Thirty cents (30(,%). 2. For library purposes: Twenty cents (20e,%). 3. For park and recreation purposes: Twenty cents (20(,%). The proceeds from any special levies shall belong to and be paid in to restricted funds set aside for their respective purposes and shall be expended only for such purposes. SECTION 808. ACCOUNTS PAYABLE. Monies shall be drawn from the City Treasurer only in the manner pre- scribed by ordinance of the Council. SECTION 809. CLAIMS AGAINST THE CITY. (a) No suit shall be brought on any claim for money or damages against the City or any board, or official thereof, until a demand for the same has been presented as herein provided and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. All claims for damages against the City must be presented to the CitykCille=kiwithin the time limits prescribed by the.laws of the State of California after the occurrence, event, or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place, and circumstances of the occurrence and the extent of the injuries or damages received. (b). The provisions of the foregoing subsection (a) shall not. prohibit payment on invoice, claims for goods, wares, materials, and/or services supplied to the City, and the provisions for payment on account of said items shall be set out by an ordinance adopted by the Council. SECTION 810. INDEPENDENT AUDIT. The Council shall employ, at the beginning of each fiscal year, an independent certified public accountant who, at such time or times as may be specified by the Council, at least annually, shall examine the books, records., inventories, and reports of all officials, employees, departments, and agencies who receive, handle, or disburse public funds. As soon as practicable after the end of the fiscal year, a.final audit and report shall be submitted by such accountant to the' "Council, one copy -thereof to be dis- tributed to each member, one each to.the City Clerk, the City Treasurer, the City Administrative Officer, and City Attorney respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public for the period required by the laws of the State of.California. Restricted and special assessment district funds shall be segregated in the audit report. SAN LUIS OBISPO CHARTER PAGE 13 ARTICLE IX. PUBLIC WORKS AND CONTRACTS SECTION 901. CONTRACT REQUIREMENTS. Every project involving the expenditure of more than two thousand dollars ($2.,000.00) in public funds for furnishing -supplies and materials for the same or for any other purpose by the City, shall be let by con- tract to the lowest acceptable -bidder, subject.to the provisions herein- after described. When the proposed expenditure, exclusive of engineering costs, exceeds twa:thousand dollars ($2,000.00) but does not exceed five thousand dollars ($5,000.00) three informal bids shall be obtained, but when in excess of five thousand dollars ($5,000.00) formal bids -shall be required after notice by publication in a newspaper in the City of San Luis Obispo by one or more insertions, the first of which shall be at least ten (10) days before the time of opening bids. If work is of an urgency for the preservation of life, health, or property, the Council may, by at least four affirmative votes, adopt a reso- lution containing a declaration of facts constituting such urgency, and pro- ceed without advertising for bids. SECTION 902. BID PROCEDURE. All:forma1 bids _shall be accompanied by either a.certified or chshier's check or a bidder 's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten per cent (10%) of the aggre- gate amount of the bid. If the successful bidder. neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. SECTION 903. ACCEPTANCE OR REJECTION OF BIDS. The Council may reject any or all bids and may, at its discretion, re -advertise for bids. In case all bids are rejected, the Council may provide for the work to be done or the supplies and materials purchased under the direction of the City Administrative Officer. When the estimate of the cost of said work by the City shows that said work can be done for an equal or less amount than that of the lowest acceptable bid, then the Council, by at least four affirm- ative votes, may adopt a resolution to this effect and assign the work to the appropriate City department or agency. The said department or agency shall then be deemed the contractor with the right to enforce all liens and with the same powers, rights, duties, and obligations as are made or provided by the laws of the State of California for contractors. In case no bid is received, .the Council may likewise adopt a resolution to the effect that the work may be done or the supplies and materials purchased under the direction of the City Administrative Officer, and assign such work to the appropriate City department or agency. SAN LUIS OBISPO CHARTER PAGE 14 SECTION 904. CONTRACT DOCUMENT. All contracts shall be approved as to form and legality by the City Attorney. All contracts must be in writing, executed in the name.of the City by an official or officials authorized to sign the same,.and must be countersigned by the City Clerk who shall number and register each in a book kept for that purpose. SECTION 905. PROGRESS PAYMENTS. Any contract may provide for progressive payments if the ordinance or resolution authorizing such work includes such a provision. No progressive payments may be provided for or made at any time which with prior payments, if there have been such, shall exceed in amount at any time ninety percent (90%) of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than ninety percent (90%) of the contract price before the completion and acceptance of the work. SECTION 906. SALE OR LEASE -OF CITY PROPERTY. The following regulations shall be applicable to City -owned property: No sale or lease of real property nor .any .sale of personal property of a value in excess of One Hundred Dollars ($100.00) nor any lease or personal property for a period exceeding three years shall be authorized by the Council except by resolution passed by the affirmative voteof three-fifths (3/5) of all the members of the Council.. SECTION 907. EXEMPTIONS. Nothing in this _article_shall_be construed to—apply to the acquisition or purchase of natural gas, telephone service, electricity,.electric power or electric energy by the City for any use or purpose. SECTION 908. ABRIDGEMENT OF CONTRACT. . Inasmuch as a contract is a legal.document attesting to the terms of an agreement providing for an exchange of services for a mutually -agreed upon compensation in return, any deletions, modifications, or additions shall be completed in writing and filed with the City Clerk. Any abridgement of any provision of a contract, without a written memorandum as required above, shall be considered a breach of contract and a misdemeanor. ARTICLE X. LICENSES AND FRANCHISES. SECTION 1001. GRANTING OF FRANCHISES. The City Council is empowered to .grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transporation, communica- tion, terminal facilities, water light, heat, power, refrigeration, storage, or any other public utility of public service, and to use the public streets, ways, alleys, and other places, as the same now or may hereafter. exist, for the construction and operation of plants, works, or equipment necessary or convenient for traversing any portion of the City for the transmitting or con- veying of any service elsewhere. The City Council may prescribe the terms and SAN LUIS OBISPO CHARTER PAGE 15 conditions of any such grant. It may also provide, by procedural ordinance the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter. SECTION 1002. RESOLUTION OF INTENTION, NOTICE, AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be.granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolu- tion at least once within fifteen (15) days of the passage thereof in a news- paper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise, sub- ject to the right of referendum of the people. SECTION 1003. TERM OF FRANCHISE. Every franchise shall state the term for which it is .granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty- five (35.) years. No franchise may be renewed until three.years before its term expires. A franchise.grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION 1004. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise,'for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The accept- ance of any franchise hereunder shall operate as an abandonment of all such franchises, rights, and privileges within the limits of the City assuch limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordin- ance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall there- after annex, or consolidate with, additional territory, any and all franchises, SAN LUIS OBISPO CHARTER PAGE 16 rights, and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 1005. EMINENT DOMAIN. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and noth- ing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance damage, or increased value of right of way. SECTION 1006. DUTIES OF GRANTEE. By its acceptance of any franchise hereunder, the grantee shall cove- nant and agree to perform and be bound by each and all of the terms and con- ditions imposed in 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) Pay to the owner on demand the cost of all repairs to private prop- erty made necessary by any of the operations of the grantee under such franchise; .(d) Indemnify and hold harmless the City and its officials from any and all liability for damages proximately resulting from any operations under such franchise; (e) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade; alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct; and (f) Pay to the City during the life of the franchise, a percentage, to be specified in the grant, of the gross annual.receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. The City Administrative Officer shall be responsible for the enforcement of all provisions of the grant. SECTION 1007. VIOLATIONS. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without..procuring such franchise, shall be a misdemeanor, and each day that such condition continue to exist shall con- stitute a separate violation.. SAN LUIS OBISPO CHARTER ARTICLE XI. PERSONNEL ADMINISTRATION. PAGE 17 SECTION 1101. RULES AND REGULATIONS. After obtaining and considering the recommendations of the City Administrative Officer, the Council shall provide by ordinance or resolution, not inconsistent with this Charter, for personnel rules and.regulations governing all city employees. SECTION 1102. PERSONNEL BOARD. The Council shall establish a Personnel. Board consisting of five members. SECTION 1103. POLITICAL ACTIVITIES. The political activities of all City employees shall conform to pertinent provisions of the Federal and State laws. SECTION 1104. EMPLOYEE CANDIDACY.FOR PUBLIC OFFICE. Nothing in Section 1103 shallbe construed to prevent any full-time employee from seeking election or appointment to public office. Upon becom- ing a candidate for public office, any such person may request and be granted a leave of absence, without pay, to remain in effect during the period of time such.person is a candidate. SECTION 1105. RETIREMENT. The City Council shall be -authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California which shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract .or negotiate another contract with reduced.employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. ARTICLE XII. BOARD AND COMMISSIONS. SECTION 1201. AUTHORITY. The City Council shall have the authority to establish by ordinance citizen committees, commissions, boards, and authorities as required by the State of California or as the Council deems necessary to give it advice or assistance. Such authorizing ordinances shall clearly define goals, respon- sibilities, and jurisdiction of such a body. The Council shall have the authority to establish by resolution any temporary or "ad hoc" citizen committees with limited life -span and clearly defined objectives specified in such a resolution. SECTION 1202. ELIGIBILITY, APPOINTMENT, AND LENGTH OF TERMS. All registered voters within the City, except part or full-time officials and management employees of the City, shall be eligible for appointment, and shall be selected and appointed by any method deemed appropriate by the Council. SAN LUIS OBISPO CHARTER PAGE 18 No committee member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms. SECTION 1203. VACANCIES. If a vacancy occurs in the body created by the Council, that vacancy may be filled by the Council for the unexpired term of such a position. A member of any such body may be removed by three affirmative votes of the Council. SECTION 1204. BY-LAWS AND PROCEDURES. Each body established by ordinance shall present in writing to the Council for approval its by-laws for procedure: purpose, specific functions, meetings, officers, budget, etc. SECTION 1205. ANNUAL REPORTS. By May 1 of each year, each established body shall report to the Council on its activities for the preceding year,.as well as its proposed activities and requested budget for the forthcoming year. SECTION 1206. FUNCTIONAL REVIEW. Every five years of a standing committee's life, the activities of such a body shall be reviewed by a citizens' "ad hoc" committee and recommendations presented to the Council for modification.or continuation of.function, or for termination. The Council, at its discretion, may refer this task to the Personnel Board. C'm It sAn b 1Uft"0B1$P0 A OFFICE OF THE MAYOR t Post Office Box 321 • San Luis Obispo, CA 93406. 805/543-7150 July 27, 1976 MEMORANDUM • TO Members of the City Council FROM : Mayor Kenneth E. Modifications to Proposed Charter Amendment Section 406, Add paragraph: "The Mayor shall present an annual work program to the Council for its consideration at the first meeting.. May. The Mayor shall have the responsibility for•'forwardingJlthe work program approved by the City Council." �—ae—-- Section 408, Change: "COUNCILMAN" to "COUNCIL MEMBERS" Section 409. Compensation. (Completely revised): "The Mayor and each Council Member shall receive compensation for services as such, payable monthly. The Mayor shall be compensated at a rate different from that of Council Members. The expenses incurred for Council -approved official business shall be reimbursed. Compensation for the Mayor and Council Members shall be reviewed, when warranted, adjusted(bi-annually"lin odd - numbered years effective July 1. Compensation shall be determined by a 5 member Ad Hoc Committee. This committee to consist of the Chairpersons of the Planning Commission, the Citizen's Advisory Committee, and the Human Relations Commission who shall mutually select the managers located at two banks in San Luis Obispo. The City Administrative Officer shall be responsible for impaneling the committee during the month of January and shall provide all data required by the committee for its work. The committee's determinations are to be submitted to the City Administrative Officer prior to May 1. The committee's recommendations shall be final unless changed by the initiative process." Section 501. Omit third paragraph. Members of the City Council July 27, 1976 Page Two Section 502. Delete: "...or resolution..." in the first line. Section 705. Change: "COUNCILMEN" to "COUNCIL MEMBERS" Section 807. Change paragraph (c) 2 to read: "For library purposes: Twenty cents (20(,�)." Section 901. Change: "$1,000.00" to $2,000.00". 2nd paragraph, 4th line, delete "...at least three..." Section 904. lst line, delete "...be drawn up..." 1st line, add "...approved for 'legality by the City Attorney." Section 1201. 2nd line, delete "...authorities..." so as to read "...citizen's committees, commissions, and boards as required..." Section 1202. Change: last sentence (page 18) to read "No committee member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms." Section 1206. ??? Could not the functional review be made by the Council periodically? KES:pv 0 gill 9ll � ►��� city of San tUIS OBISPO. TO J. H. Fitzpatrick, City Clerk DATE 7/30/76 FROM Allen Gripes, City AttornECT Adoption. of Charter: Resolution: Electior Attached is a suggested resolution calling the election with respect to the adoption of a new City Charter. Please review. 2f approved, process for the Council agenda. AG:ktm C.C. R. D. Miller enc. mmmaRAmmim I A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1976, AND TO BE CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION TO BE HELD ON SAID DATE, FOR THE PURPOSE OF VOTING ON THE ADOPTION OF A NEW CHARTER. BE IT RESOLVED by the Council.of the City of .San Luis Obispo as follows: 1. There is hereby called and ordered to be held in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, November 2, 1976, a Special Municipal Election of the qualified electors of said City for the purpose of voting upon the adoption of a new City Charter, a copy of which is available for public inspection in the Office of the. City Clerk. Said Special Municipal Election shall be and is hereby ordered consolidated with the State-wide General Election to be held on said date, and within the City of San Luis Obispo, the precincts, polling places, and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said State-wide General Election. 2. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the Special Municipal Election hereby called with the said General Election, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such General Election shall be used. AG:ktm 7/30/76 (d2) Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. 3. The proposition to be voted on at said Special Municipal Election shall be: 4. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said Special Municipal'Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections. 5. The City Clerk is hereby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause this Resolution to be published once in the San Luis Obispo County Telegram -Tribune, a newspaper of general circulation printed, published and cir- culated in the City of San Luis Obispo, within fifteen days of the date hereof and not more than sixty days prior to the 2nd of November, 1976. AG:ktm 7/30/76 Page 2 Shall the proposed Charter of the City of San Luis Obispo be adopted? YES NO 4. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said Special Municipal'Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections. 5. The City Clerk is hereby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause this Resolution to be published once in the San Luis Obispo County Telegram -Tribune, a newspaper of general circulation printed, published and cir- culated in the City of San Luis Obispo, within fifteen days of the date hereof and not more than sixty days prior to the 2nd of November, 1976. AG:ktm 7/30/76 Page 2 s J 7. This Resolution shall take effect upon its adoption. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this of , 1976. ATTEST: City Clerk J.H.. Fitzpatrick Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIME R, Ci Attorney Allen Grimes AG:ktm 7/30/76 Mayor Pro -Tem Myron Graham Approved as to content: City Administrative Officer City Clerk Page 3 day ,/v'15_ To: Me ilonorablc Payor and Members of April 26, 1976 the San Luis Obispo City Council Froms F. M. Gruber, Chairman, Charter Review Committee Subjects Legislative vs. Administrative Functions Ref: Resolutions Plo. 2876 and 2877 (1975 series) Phe C' ' c arte�revi ew c ittee has been concerned with the relationships e-itYFt3�f-per etweenthe Council (primarily a legislative body) and the several appointed officials (primarily a collective administrative body). We have obtained copies of Resolutions No. 2876 and 2877 which concern themselves with this matter. Resolution flo. 2876, entitled "No. 1 Administrative Policy - Relationship and Conduct Between Council !Members and Staff," contains this policy statements "The full City Council retains full power to accept, reject, amend, influ- ence., or otherwise guide and direct staff actions, decisions, recommend - a ions, work loads and schedules, departmental pri.orti®s, end the conduct of City business." This statement appears to reject the idea of an administrative officer who would normally carry out the details listed above, and who would execute the policies established bythe leislative body. The retention of such operating details in the hands of Dart -time legislators seems to indicate a desire to adopt the concept of a co.,=ission form of municipal government in which each elective official supervises one or more operating departments in the manner quoted above. Resolution Vo. 28771 entitled "No. 2 Administrative Policy - Powers, Luties, and Responsibilities of the City Administrative Officer," contains this policy statement: "The City administrative Officer shall be wholly responsible for the effective and efficient management of all the affairs of the City ......° This appeErs to be in complete contradiction to the policy stated in the previous resolution, although both were adopted on the same date. The charter review committee is puzzled as to how both of these conflicting state- ments of policy can be in effect at the same time without causing considerable confusion (both in the Council and in the staff) as to who is doing what at what level. Since the charter review committee is attempting to describe in simple terms a clear and concise concept of City government, differentiating between the legislative and executive tasks, we would appreciate having the author or authors of these resolutions explain the inconsistencies to the members of the committee, as well as indicate whether the Council would support the return to the commission form of City government. FNfr N A/ i . �� ���-. i'I � , Ili' , r1'I I. � IIIA III II III I I I �I III I .0 1111 I �I1 sf July 1, 1976 t CITY ATTORNEY'S OFFICE Post Office Box 321 a San Luis Obispo, CA 93406 a 805/543-8666 MEMORANDUM: To F. M. Gruber Subject evised City Charter Proposal Dear Mr. -Gruber: In order to attempt to be helpful in this matter, I shall try to move it along. However, my function has not been clarified. It might be limited to simply seeing that the proposed form and contents of the Charter proposal are in accordance with law.. It so happens, however, that over the last thirty years I have served as a charter consultant and a draftsman for more than a dozen governmental agencies. Some of this experience might possibly be valuable to San Luis Obispo. I believe the Charter Committee's goal was excellent as the City Charter should be a viable document drafted on broad principles and leaving operational details to be supplied by Council discretion through ordinances and resolutions. The proposed major change to extend the Mayor's term of office from two years to four years and the election of the Council by individual seats, also still at large, are com- mendable. I shall make comments with respect to a number of the sections of the Charter revision. If no comments are made on a partic- ular section, the section is satisfactory. 1. §103. Effective Date of Charter. As amended in 1975, §34463 and §34464 of the Government Code provide that a Charter proposal, revision, or amendment shall not take effect until accepted and filed by the Secretary of State. This section should be amended to read: "This Charter shall not take effect until accepted and filed by the Secretary of State pursuant to the provisions of §34464 of the Government Code." nK F. M. Gruber 2 July 1, 1976 2. §201. Form of Government. The terminology is somewhat confusing. Under the existing Charter the form of -government -is identified as the "Council -Administrative Officer -form of govern- ment." I note nowhere in the Charter that the Mayor is invested with duties as an executive. 3. §405. Vacancies. This section provides for the appointment of a successor in the event of a vacancy. The wide -spread tendency of recent years has been to provide for the election of successors to fill a vacancy. �)o 4. §501. General Powers of the Council. I am curious as to why this section contains a listing of specific powers with respect to railroad companies and utilities when §200 of the.present Charter has no �: such provision. I would also strongly recommend that proposed §500 be replaced by the existing §200 relating to powers of the City. The reason for this is that the present §200 is predicated upon present constitutional history of the California Constitution with respect to the home rule powers of cities and the language has been interpreted by the courts many times. It is the essence of the Nn home rule powers. In fact, some experts say that sections similar to the present §200 are all that are needed to exercise the plenary home rule powers of a City Charter. 5. §502. Meetings of Council. Also the last sentence of this section is.the same as present §707 of the Charter. It is no longer in accordance with law because of adoption of the Brown Act since 1955. The last sentence should be revised as follows: "Except as is otherwise provided by law, all meetings of the Council shall be open to the public." 6. §701. Appointive Officials. General Description. Since I am not familiar with the administrative organi- zational pattern of the City, I am not in a position to comment on this section. F. M. Gruber 3 7. §709. Probation and Review. --- 0 . July 1, 1976 I am lost on this one.. I don't understand the objectives. The draft transmittal memo from the Committee to the Mayor and Council would indicate some tenure problem. It is a most unusual provision to include in a Charter. This is customarily more the type of thing that would be worked out and determined by the Council.as a result of policy determinations. There are many principles and techniques of personnel ad- ministration that have a bearing on these tenure matters. 8. §805. Grants and Subsidies. The point that strikes me is who has control in making these grants and subsidies available? It doesn't appear under the language that the Council has.the final and absolute say. If not, this may create a fiscal problem. 9. §901. Contract Requirements. §37902 of the Government Code now requires all general law cities only to solicit bids when the expenditure of public funds exceeds $5,000. This proposed section appears to be a retrogression from the provisions of the present §1207 of the Charter as amended on March 4, 1975. Respectfully submitted, DAVIS, WENDT, MITCHELL & SINSHEIMER By Allen Grimes AG:ktm om. April 26., 1976 city of sAn lues oBispo 990 PALM STREET • P.O. BOX 321 • SAN LUIS OBISPO, CA 93406 MEMORANDUM: TO Harry.Mor s, Charter Study Committee FROM J.H. Fitzpatrick, City Clerkjolp Attached .for your information.is a tabulation of Mayors' and Council - mens' salaries:for.279 cities in California, be.th.General Law and Charter cities. This tabulation was prepared by the League of California Cities as of September 1974. It was the Leagues'. representatives opinion that very few, if any, changes have . been made . since 1974. JHF/sh Y-esr'-Cud +.0 5udue� COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES T G SEPTEMBER 1974 COUNCIL SALARY MAYOR SALARY CITY POPULATION PER MONTH PER MONTH Adelanto 2,400 Alameda C 75,006 Albany . Alhambra Amador City. Anaheim Angels .Arcadia Arcata Arroyo Grande Arvin .Atwater Avalon Azusa Baldwin Park Barstow Beadmont Bell Bellflower. Belmont Belvedere Benicia Berkeley C 15,561 C 65.,000 156 C 187,400 2,859 C 47,000 11,100 8,6.00 5,450 14,600 1,500 26,000 48,000 18,500 6,000 22,000 52,344 25,500 2,600 10,000 114,000 none $20/meeting, maximum $40/month $5/meeting $50 none $400 $100 $200 $150 $150 none $100 $75 $150 $200 $150 $175 $150 $325 $150 none $138 $300 none $40 maximum for council meetings + $2400/year $5/meeting $75 none $800 $125 $200 $150 $150 none. $100 $75 $150 $200 none $175 $150 $325 $150 none $138 $600 Page B1. CMS, November, 1974 COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B 2. w COUNCIL SALARY MAYOR SALARY CITY POPULATION PER MONTH PER MONTH Beverly Hills 34,000 $200. $200 Biggs 1,280 $25 $25 Bishop 3,650 $150 $150 . Br.awley 14,000 $150 $150 Brea. 22,200 $150 $150 Burbank 883,871 $25/council $25/council: meeting meeting Burlingame 282325 $150 $150 Calistoga. 23,230 none none Camarillo 249000 $150 $150 Capitola 7,125 $100 $100 Carlsbad 209000 $150 $150 Carmel 5,000 none none Carson 80,000 $375 $375 Chico C 213,900 $15/meeting, $15/meeting, maximum $60/ maximum•$60/ month month Chino 23,850 $150 $150 Chowchilla 4,600 $75 $75 Chula.Vista 73,100 $4020/year $6000/year Claremont 24,000 $150 $150 Clayton 29200 none none. Clovis 20,000 $150 $150 Coalinga. 6050 $150 $150 Colfax 798 $75 $ 75 Colton 21,300 $150 $150 Colusa . 4,000 $75. .$75 U P d O co N c Lm p c+ Q E O C'5 w J 12 ap c Q uz, LU c IL 0 a y p u W y � w d Q� W c' J o co 0 • COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B 3... COUNCIL SALARY MAYOR SALARY CITY POPULATION. PER MONTH PER MONTH Commerce 10,536 $210 $210 Compton 78,000 $300 $400 Concord 979000 $443. $443 Corcoran 69000 $10 $10 Corona 299412 $150 $150 Coronado 21,000 $150 $150 Costa Mesa 78,000 $347 $347 Covina 32,000 $150 $150 Crescent.City 3,000 $75 $75 Cudahy .1710000 $150 $150 .Cupe.rtino 25,000 $150 $150 Cypress 41,000 $250 $250 Daly City 70,000 $333 $333 Davis 30,950 $200 $200 Del Rey Oaks 1,830 $75 $75 Dinuba 8,250 $20 $30 Dixon 5,000 $150 $150 Dos Palos 2,860 $75 $75 Downey C 89,000 none. none.. Duarte 15,000 $150 $150 E1.Cerrito 25,000 $195 $195 El Monte 70,000 $250 $250 E1 Segundo 15,560 $150 $150 Escalon. 2,530 $75 $75 Escondido 50,000 $250 $250 Etna 690 none none COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES.. SEPTEMBBIt 1974 B 4. COUNCIL . SALARY' MAYOR SALARY CITY POPULATION PER MONTH PER..MONTH Eureka c 24,337 $100 $175 Fairfax: 7,661 $150 $150 Fairfield 50,000 $200 $200 Farmersville 4,000 none none Ferndale 1,380 $15 $25 Fontana 25,000 $150 $150 Fort Bragg 4,640 $75 $75 Fort. ,Tones 515 none none Foster City 2210500 $150 $150 Fresno 175,000 $3000/year $6000/year Fullerton 92,000 $420 $420 Galt 3,850 none none Gardena 44,000 -- $200 Garden Grove. 123,200 $300 $600 Gilroy 16,000 $100 $200 Glendalec 127,000 $25/meeting $25/meeting Glendora 33,000 $150 $150 Gonzales 2,700 $75 $75 Grass Valley 5,525 $12.50/meeting, maximum..$25/month $12.50./meeting, maximum $25/month Guadalupe 3,260 :$75 $75 Gustine 2,900 $10 $10 Hanford 17,000 $150 $150 Hawthorne 56,000 $25.0 $250 Hayward C 97,000 $300 $1000 Healdsburg 5,900. $15 $15 COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B5. CITY POPULATION Hercules 252 Hughson. 23,754 Huntington Beach 143,500 Huntington Park.. 33,744 Imperial Beach 22,400 Indian Wells 1,310 Indio 18,100 Industry 710 Inglewood 90,000 Ione 2,417 Irwindale 784 Isleton 850 Kerman 4,000 Kingsburg 4,400 Laguna Beach 15,100 Lakeport 3,590 Lakewood 81,000 La Mirada. 32;000 La Palma14,400 $150 La Puente 31,450 Larkspur 12,350 Lawndale 24,000 COUNCIL SALARY MAYOR SALARY" PER MONTH • PER MONTH none none $75 $75 $175 $175 $150 $150 ..$50/meeting, $250 maximum $150/ month none none ..$150 $150 $396 $396 $300 $600 $15/meeting, $15/meeting, maximum $45/ maximum $45/ month:month $150 $150 none none $100 $100 $75 $75 ..$125 $125 $100 $150 $405 $405 $150 $150 $150 $150 $211 $211 $50/meeting, $50/meeting, maximum $150/ maximum $150/ month month ..$150 $150 COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 COUNCIL SALARY CITY POPULATION PER .MONTH. Livermore Livingston. Lodi Loma Linda Lomita Long Beach Los Banos Los Gatos Loyalton Lynwood Manteca . Mari cop a Marysville Maywood McFarland Menlo Park Merced Millbrae Mill Valley Milpitas Montague Montclair Monte Sereno Montebello Monterey C 50,000 3,030 31,000 13,000 20,000 360,000 10,100 25,000 945 40,000 17,500 740 10,000 17,000 4,310 26,500 28,100 21,000 13,250 34,000 890 23,000 3,400 45$00 2 8,150 $200 $25 $150 $150 $150 $6000/year $150 $150 none: $200 $150 none $200/year $150 none $202 $30 $150 $150 $200 none $150 none $256 .none B 6. MAYOR SALARY PER MONTH.. $200 $50 $150 $150 $150 $6000/year $150 $150 none . 200 $15..0 none $200/year $150 none $202 $50 $150 $150 $200 none $250 none $256 none 0 COUNCIL'AND MAYORAL SALARIES -=SELECTED CALIFORNIA CITIES SEPTEMBER 1974 g 7, COUNCIL SALARY MAYOR SALARY CITY POPULATION- PER MONTH- PER MONTH Monterey Park 49,166 $200 $200 Mountain View C 6011000 $250 $312 Newark 30,000 $150 $250 Newman 29600 $75 $75 Newport Beach C 65,900 none none Norco 169000 $150 '$150 No 92,000 $418 $418 Novato 360000 $200 $200 Oakdale 7,100 $15.0 $150 Oakland C 365,000 $500 $15,000/year. Ontario 65,500 $250 $250 Orange 85,000 $360 $360 Orange Cove 3,750 $75 $75 Orland 3,060 $30 $30 Oroville C 89000 $5/meeting, $5/meeting, maximum $10/ maximum $10/ month month Pacifica 39,000 $281 $281 Pacific Grove... 189000 $50 $150 Palm Desert 149000 $150 $150 Palm Springs 269000 none none Palo Alto C 569000 $250 $400 Palos Verdes Estates 14,000 none. none. Paramount 34,500 $150. $150 Parlier 2,100 none none Pasadena �" 1139000 $50/meeting, $50/meeting maximum.$250/ month COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B 8• COUNCIL SALARY MAYOR SALARY CITY POPULATION PER MONTH PER MONTH Paso de Robles . 7,675 $150 $150 . Patterson 39870 none none Perris 5,210 $150 $150 Petaluma �' 31,500 $5/meeting, $10/meeting,. maximum $20/ maximum $40/ month month Pico Rivera 549190 $320 $320 Piedmont 11,000 none. none Pinole 15,000 $150 $150 Pittsburg 2610000 $150 $150 Placentia e . 30,000 $25 $50 Pleasant .Hill 25,500 $222 $222 Point Arena 424 none none Porterville C 13,750 $20/meeting, $25/meeting maximum 7 maximum 7 meetings/month . meetings/month Portola Valley 4,000 none none.. Rancho Mirage 5,000 none none Red Bluff 8,300 $75 $75 Redding 18,500 $150 $150 Redwood. City 55,000 $150 $150 Reedley 8,400 $150 $150 Rialto 33,000 .$50 $100 Richmond 80,000 $50 $100 Rio Dell 2,817 none none Ripon 2,900 $75 $75 Riverbank 41)240 .. ... $.75 $7.5 9 COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B 9. COUNCIL SALARY MAYOR SALARY . CITY POPULATION PER MONTH PER MONTH Riverside C 154,700 none $17,325/year Rohnert Park 129000 $150 $150 Rolling Hills 29100 none none Rolling Hills Estates 79500 nonenone Rosemead 44,000 $265 $265 Roseville 219000 $15/meeting, $15/meeting, maximum.4 maximum 4 meetings/month " meetings/month Ross 2,742 none none Sacramento 265,000 $20/meeting, $20./meeting maximum $100/ maximum $100/ month month. Salinas 689000 $100 $200 San Anselmo 13,150 $25/meeting, $25/meeting, maximum $50/ maximum $50/ month • month San Bruno 389000 $262 $262 San Carlos 26,000 $150 $150 San Clemente 20,000 $150 $150 San Dimas 18,000 $1.50 $150 San Fernando 179000 $150 $150 San Francisco 6859000 $9200/year $47,000/year San Jacinto 5,200 $150 $150 San Jose 533,000 $400 $600 San Juan Capistrano 119500 $150 $150 San Leandro �' 70,300 $250 -- San Luis Obispo <Z 329950 $150 $250 San Marcos 8,000 $75 $150 COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER - 19 74 B10. COUNCIL SALARY MAYOR SALARY CITY .....: POPULATION PER MONTH PER MONTH San Mateo 79,000 $100 $150 San.Pablo 229.800 $150 $150 San. Rafael 45,000 $242 $3421 Santa Ana 176,000 $125 $200 Santa Barbara C 749100 $250 $700 Santa Clara C' 87,500 $200 $1000 Santa. Cruz C 36,000 $50 $100 Santa Fe Springs 15,950 $210 $210 Santa Maria, 35,000 $150 $150 Santa Monica C 90,000 none none . Santa Paula 19,500 $150 $150 Santa Rosa � 65,000 none none Sausalito' 6,170 $150 $150 Scotts Valley 5,375 none none Seal Beach 27.9400 $125 $125 Seaside 36,000 $200 $200 Sebastopol 4,200 none none Selma 83,300 $150 $150 Shafter 5,850 none none Simi Valley 71,000 $250 $250 Soledad 4,666 $75 $75 Sonoma 5,000 none. none Sonora 3,694 $75 $75 South E1 Monte 17,000 $150 $150, South Gate 56,353 $250 $250 • COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER' 1974 B 11. COUNCIL SALARY. MAYOR SALARY CITY POPULATION. PER MONTH PER MONTH South Pasadena.. 23,000 $150 $150 South San Francisco 48,650 $200 $200 St. Helena 3,450 none none Stockton 118,000 $15/meeting,. $15/meeting, maximum $75/ maximum $75/ month month Sunnyvale �. 105,500 $200 $300 Susanville 6,608 $50 $50 Sutter Creek 1,700 $20/meeting .$20/meeting Taft 45,250 $50 $50 Tehama 317 none none Temple City 30,000 none none Thousand Oaks. 571,000 $3000/year.. $3000/year Tiburon 7,000 none. none. Torrance 140,000 $100 $100 Tracy. 15,500 $150 $150 Tulelake 950 $50 $50 Turlock 17,000 $100 $100 Tustin 27,000 $210 $210 Ukiah 10,553 $150 $150 Union City 28,000 $150 $150 Upland 38,500 $200 $200 Vallejo C 74,800 $250 $850 Ventura 67,500 $250 $350 Vic torville 13,000 $150 $150 Villa Park 5,275 none. none COUNCIL AND MAYORAL SALARIES --SELECTED CALIFORNIA CITIES SEPTEMBER 1974 B 12. COUNCIL SALARY MAYOR SALARY CITY POPULATION.. PER MONTH PER MONTH Visalia 33,400 $20 $20 Vista 309000 $210 $210 Walnut 6,500 none none Walnut Creek 509000 $242 $242 Was co 8,550 $75 $75 Weed 3,000 $25 $25 Westminster 685,100 $250 $250 Wheatland. 1,310 $40 -- Whittier C 75,000 none. none Willows 4,500 $75 $75 Winters 2,580 $75 $75 Woodlake 3,520 none none Woodland 25,100 $150 $150 Yountville 2,630 none none Yreka 6,000 $100 $100 Yuba City 15,500 $150 $150 .�.��, i u 3 �.. Probation, Review, and Tenure of Appointed Officials and Management Employees 1. APPLICATION This section of the City charter shall apply only to those City officials appointed by and responsible directly to the City Council, and to those management employees appointed by and directly responsible to the City Administrative Officer. The body or individual empowered to make such appointments is referred to hereafter as the "appointing authority." 2. PROBATION Appointment of the officials and management employees described in paragraph 1 shall be subject to a probationary period of not less than one year, whether originally hired, promoted, or transferred from another position in City service. A change in title or a revision in duties and/or responsibilities shall be considered a transfer. During the probationary period, the appointing.authority shall continuously review and evaluate the performance of the appointee. At the end of the eleventh month of probation, the appointing; authority shall consider the continuation of employment of the probationer. If the performance has been satisfactory according to the standards set forth by the appointing authority, the latter shall notify the probationer that the probationary period is to expire at the end of the twelfth month, and that the incumbent of the office or position is to enter into a period of tenure as described below. If the performance has not been satisfactory, the appointing authority (the City Council by a majority vote, when concerned) may discharge the probationer without cause and without right of appeal. Notification of such decision shall be made in writing designating the effective date of action, with a copy filed in the Personnel Department. If the unsatisfactory probationer had been transferred or promoted from another position in City service, he may be allowed to return to that position without loss of seniority or other rights gained in the latter position. If the unsatisfactory probationer has experience or talents which may be of value to the City in another position than that to which he was originally intended, he may b-, transferred to that position and be subject to all the regulations pertaining thereto, including another probationary period, if applicable. 3• TENURE The appointed official or management employee, having satisfactorily completed his probationary period, shall be plsced.on-tenure for a period not to exceed one year. This tenure may be renewable at the option of the appointing authority for successive periods of not more than one year each, subject to the review provisions hereafter described. 4. RbvIEw The appointing authority shall review and evaluate the performance of the tenured Official or management employee at least once each six months after conclusion of the probation for the purpose of considering extension or termination of tenure. .. 1 If more than be the same for specific one appointee"is involved, the standards for Such consideration shell for each, except for the technical or professional expertise required positions. The appointing authority may, at its own discretion, upgrade &.position for which the individual authority is responsible, by requiring additional duties, education, responsibilities, etc., for the incumbent. I£ the latter fails to meet the new requirements, he shall be deemed to have performed unsatisfactorily under tenure. 5. SEPARATION If the appointing authority (the City Council by a majority vote when involved) decides that the tenured official's or management employee's performance has been unsatisfactory, the appointing authority shall notify him of intutntion to terminate his employment at the end of his current tenure or in six months, whichever is . longer, except that no such action can be taken by the City Council within.the six months immediately following a municipal election. No such action can be taken by the City Administrative Officer following his own original achievement of tenure. If an appointed official or management employee has achieved tenure for at least one year and at any time thereafter is considered unsatisfactory in performance,, the appointing authority may establish a new probationary period of at least one year, or may demote or transfer the affected official or management employee to another position in the City service in which he meets the requirements. The notice of termination, the transfer, or the demotion shall state the reasons for the action, and a copy shall be filed with the Personnel Department. C. EFFECTIVENESS Upon adoption of the charter of which this is a part, this section shall immediately be applied to the Council -appointed and City Administrative Officer -appointed positions then existing and to all future positions of such description. No exemptions from these provisions shall be permitted.