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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
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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 -
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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
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• 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.