League of Women Voters of California Education Fund
	San Luis Obispo County, CA November 4, 2008 Election
	Measure E-08 Charter Amendments City of San Luis Obispo Majority Approval Required Pass: 7238 / 54.50% Yes votes ...... 6042 / 45.50% No votes See Also: Index of all Measures

Arguments For Measure E-08

Measure E-08 is a clean-up measure. It involves only non-controversial matters. It will provide tools for the City Council and City staff to better serve the community. The measure combines these minor, non- substantive revisions into a single ballot question. A committee of City staff members has conducted a review of the current City Charter and presented its findings to the City Council. The committee finds that our Charter contains certain outdated language which can be easily modified to provide for greater clarity. These changes can only be made by a majority vote of the electors, and so the City Council has placed this measure on the ballot. A unanimous City Council of the City of San Luis Obispo recommends a "yes" vote on Measure E-08. s/ David F. Romero, Mayor s/ Paul Brown, Vice Mayor s/ Andrew Carter, Council Member s/ Christine Mulholland, Council Member s/ Allen K. Settle, Council Member (No arguments against Measure E-08 were submitted)

Full Text of Measure E-08

The Council of the City of San Luis Obispo hereby proposes on its own motion that amendment of the Charter of the City of San Luis Obispo be submitted to the voters at the General Municipal Election on Tuesday, November 4, 2008 to read as follows: A. By amending Section 201 (Form of Government) to read: The municipal government provided by this Charter shall be known as the "Council-Mayor-City Manager" form of municipal government [And, also, changing all references to "City Administrative Officer" within the Charter to "City Manager", consistent with the above revision. This will entail revision of Sections 109, 204, 407, 701, 702, 703, 704, 705, 707, 709, 712, 802, 803, 810, 901, 1006, and 1101 of the Charter.] B. By amending Section 407 (Mayor + Powers and Duties) to read: The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor 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 City Manager in matters of policy. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. C. By amending Section 410 (Compensation) to read: The Mayor and each Council Member shall receive compensation for services payable according to the regular City payroll schedule, with the Mayor receiving greater compensation than the other Council Members. Compensation for Mayor and Council Members shall be reviewed biennially in even-numbered years. When warranted, said compensation may be adjusted by Council resolution, to be effective the first full pay period in January of the year following the review. The compensation rate may be revised by the electorate by initiative. Mayor and Council Member expenses incurred for official business shall be reimbursed. D. By amending Section 505 (Voting) to read: 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, except in the case of a recusal due to a conflict of interest. Failure or refusal to vote shall be construed as an affirmative vote. E. By amending Section 601 (Methods of Action by Council) to read: All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction 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 ordinances. 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. F. By amending Section 701 (General Description) to read: The officials of the City of San Luis Obispo shall consist of a City Manager and a City Attorney. 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 Manager. G. By amending Section 709 (Employment Policy) to read: The City Council shall adopt Personnel Regulations by ordinance or resolution, 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 (3) months following a municipal election. No official subject to appointment by the City Manager shall be terminated within the three (3) months immediately following the appointment of a new City Manager. Any notice of termination, transfer, or demotion shall state the effective date of the action and a copy shall be filed with the Human Resources Department. H. By amending Section 901 (Public Works to be Done by Contract), subpart (D) to read: (D) Nothing in this section shall be construed to apply to any project involving the expenditure of City monies by the City for public works in cooperation with a developer or subdivider for oversized facilities or such cooperative extension or replacement of mains and appurtenances. For those projects the City shall have the authority to make funds available to the cooperating developer or subdivider through a Reimbursement Agreement as established by Council ordinance or resolution. I. By amending Section 905 (Progress Payments) to read: 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, unless otherwise required by Federal Law. J. By amending Section 906 (Sale or Lease of City Property) to read: The City Council, by ordinance or resolution, shall adopt policies and procedures that shall be applicable to the sale or lease of City property. K. By amending Section 1001 (Granting of Franchises) to read: 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 transportation, communication, 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 conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to provisions of this Charter. The City Council may, by ordinance or resolution, establish fees or charges for the granting of licenses or franchises. L. By amending Section 1006 (Duties of Grantee), subpart (E) to read: (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 M. By amending Section 1202 (Eligibility, Appointment and Length of Terms) to read: 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. Participation on citizen committees, commissions, boards and authorities by non-registered voters or non-city residents may be permissible depending upon the nature and purpose of the advisory body, as determined by the City Council. No Committee member shall be appointed to a term exceeding four (4) years. Committee members may be reappointed to serve additional terms. N. By amending Section 1205 (Annual Reports) to read: On an annual basis, 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.