City of San Diego City Charter
Article VII

ARTICLE VII
(Effective 01-01-2006, all executive authority, power, and responsibilities conferred upon the
City Manager in this Article were transferred to the Mayor. See section 260.)
FINANCE
Section 68:

Budget and Accounting System

A complete budget and accounting system of municipal receipts and expenditures is
hereby established.
(Amendment voted 04-21-1953; effective 05-29-1953.)
Prior Language
Section 69:

Annual Budget and Appropriation

The fiscal year of the City shall begin on July 1 of each year and shall end on June 30 of
the following calendar year. The Mayor is responsible for the preparation of an annual
budget, in each fiscal year, for the City and all of its departments. The annual budget
shall set forth, in both summary and detail, the projected revenues and expenditures of the
City. The budget as proposed by the Mayor and as adopted by the Council shall be
balanced such that proposed expenditures shall not exceed projected revenues and any
other sources to balance the budget. The process for the preparation and adoption of the
budget is as follows:
(a)

The Mayor shall annually prepare a multi-year financial outlook for the general
fund projecting anticipated revenues and expenditures in future years as a fiscal
planning document and basis for the proposed budget.

(b)

Each Councilmember shall provide a memorandum to the Independent Budget
Analyst setting forth the Councilmember's budget priorities early in each calendar
year. The Independent Budget Analyst shall analyze the budget priorities of the
Councilmembers and prepare a budget priorities resolution for Council
consideration. Upon Council adoption of the budget priorities resolution, the
resolution shall be sent to the Mayor for consideration in the proposed budget.

(c)

The Mayor shall present the proposed budget to the Council and the public no
later than April 15.

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(d)
(e)
(f)

The Council shall hold at least one public hearing on the Mayor's proposed
budget. Such hearing may be before the City Council or any of its committees.
The Mayor shall provide to the Council any necessary revisions to the proposed
budget in a timely manner to allow for Council consideration.
On or before June 15, the Council shall approve the budget as submitted by the
Mayor or modify the proposed budget in whole or in part. The Council may
increase or decrease any item or add or remove any item provided that the budget
must remain balanced.
1)

If approved by the Council as proposed by the Mayor, the budget shall
become the adopted budget upon the Mayor signing the budget resolution.

2)

If modified by the Council, the budget shall be returned to the Mayor as
soon as practicable and, in no event more than 24 hours after Council
approval.

(g)

The Mayor shall, within five business days of receipt either approve, veto, or
modify any line item approved by the Council.

(h)

The Council shall thereafter have five business days within which to override any
vetoes or modifications made by the Mayor. Any item in the proposed budget that
was vetoed or otherwise modified by the Mayor shall remain as vetoed or
modified unless overridden by the Council. In voting to override the actions of the
Mayor, the Council may adopt either an amount it had previously approved or an
amount in between the amount originally approved by the Council and the amount
approved by the Mayor subject to the balanced budget requirements of this
section. In no event may spending proposals not previously included in either of
the Mayor's proposed budget or the Council's initial budget resolution be
considered as part of a veto override action. The vote of two-thirds of the Council
shall be required to override any veto by the Mayor under this section.

(i)

Upon the expiration of the Council's five business day override period, or sooner
if the Council so votes, the budget as returned by the Mayor, and to the extent
modified thereafter by the Council shall become the adopted budget.

(j)

Both the proposed and adopted budgets shall be made available to the public in
any format required by ordinance.

(k)

No later than June 30, the Council shall adopt an Annual Appropriation
Ordinance setting forth the legal levels at which the Chief Financial Officer, as
the designee of the Mayor, shall control operational and capital project spending.

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The preparation of the appropriation ordinance, including the form, arrangement
and itemization thereof, shall be determined and prescribed by the Chief Financial
Officer and the City Attorney. The adopted budget and Salary Ordinance shall be
controlling documents in the preparation of the Appropriation Ordinance. In the
event that the Council fails to adopt the Appropriation Ordinance prior to the
beginning of the new fiscal year the spending controls in the prior year's
Appropriation Ordinance shall continue, as modified by the adopted budget.
(1)

The Appropriation Ordinance shall not be subject to veto by the Mayor.

(m)

The City's annual appropriation shall be limited in accordance with the California
Constitution.
(Amendment voted 11-06-1962; effective 01-21-1963.)
(Amendment voted 11-04-1969; effective 01-29-1970.)
(Section 69 is modified by contrary language in Charter section 265(b)(14) during the
operative period of Charter Article XV.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 70:

Power to Fix Salaries

The Council shall have the power to fix salaries of the Mayor, the City Clerk, the City
Auditor, the Independent Budget Analyst, and all other officers under the Council’s
jurisdiction. All members of Commissions serve without compensation except where
otherwise provided by State law or this Charter. Except as otherwise provided by law, the
Mayor and other departmental heads outside of the departments under control of the
Mayor have power to fix salaries and wages subject to the personnel classification
determined by the Civil Service Commission, of all other officers and employees within
the total amount contained in the Annual Appropriation Ordinance for personal service in
each of the several departments of the City. All increases and decreases of salary or
wages of officers and employees must be consistent with the compensation schedules
established by the annual salary ordinance, and in accordance with the Meyers-MiliasBrown Act or other legal requirements governing labor relations that are binding upon
the City. No increases or decreases to the compensation schedules are effective prior to
the fiscal year for which the budget is adopted. If, during any fiscal year, the Council
finds and determines that because of a significant change in living costs, the salaries and
wages fixed for that fiscal year are not comparable to the salaries and wages of other
public or private employments for comparable services, and as a result, the best interests
of the City are not being protected or are in jeopardy, the Council, upon recommendation
of the Mayor or non-mayoral department heads, and if funds are available, may revise the
compensation schedules to the extent necessary to protect the City’s interests.
(Amendment voted 03-13-1951; effective 03-26-1951.)
(Amendment voted 11-08-1977; effective 01-20-1978.)

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(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 70.1: Reforming Base Compensation Used to Establish Pension Benefits
“Base Compensation for Calculation of Pension Benefits” or “Base Compensation” shall
be defined for this Section and for Section 70.2 as the total amount of annual
compensation received by an individual City officer or employee for years of service
after the implementation of this section that is used by the Retirement System for the
purpose of calculating an individual’s benefits under a Defined Benefit Pension Plan as
defined in Section 140 of this Charter.
By January 1, 2013 and to the extent allowed by law, including the legal effect of existing
Memorandums of Understanding as of the effective date of this section, no Earning
Codes Included in Retirement Base Compensation in any Annual Salary Ordinance shall
include any pay components that may be excluded pursuant to any judicially approved
legal settlement from the calculation of Base Compensation for Calculation of Pension
Benefits.
This Section shall apply prospectively. Nothing in this section shall be interpreted to limit
the ability of the City to offer additional compensation for City officers and employees
beyond Base Compensation, provided however that such compensation shall not be
included in the calculation of Base Compensation. Employees determined to be
performing work outside of their job classification may have their “out of class” pay
included in the calculation of Base Compensation. Furthermore, nothing herein is
intended to prohibit or limit the City Council from having its representatives meet and
confer with Recognized Employee Organizations or Bargaining Groups as required by
applicable labor relations laws to implement this Section.
(Addition voted 06-05-2012; effective 07-20-2012.)
Section 70.2: Emergency Limitations on Base Compensation for Calculation of Pension
Benefits (July 1, 2012 to June 30, 2018)
From the effective date of this Section until June 30, 2018, in the City’s initial bargaining
position in negotiations on any Memorandum of Understanding with recognized
employee organizations or bargaining groups, the City shall propose terms that are
consistent with the following requirements and shall work to achieve the following
outcomes:
(a)

No Base Compensation for any classification shall be set at an amount higher than
the base compensation for that classification established in Ordinance No. O19952, adopted on May 4, 2010, (“2011 Fiscal Year Salary Ordinance”).

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(b)

The Earning Codes Included in Retirement Base Compensation, as adopted in
Ordinance No. O-19952, shall not be amended to add any new types of
compensation to the Base Compensation for the Calculation of Pension Benefits
during the effective period of this section.

(c)

Any new job classification may only be created, during the effective period of this
Section, with specific findings that the creation of the new classification is
necessary to achieve efficiencies and/or salary savings by consolidation job duties
or the creation of a more efficient service delivery method to the public. No base
compensation for any new job classification created during the effective period of
this section shall be set at an amount higher than the base compensation for that
classification during the Fiscal Year in which it was established.

(d)

No other forms of compensation shall be provided or increased for any applicable
fiscal year that has the effect of increasing Base Compensation as defined under
this Section and Section 70.1, above, of this Charter.

City bargaining representatives may be authorized to negotiate tentative agreements with
employee organizations incorporating changes in employee compensation and other
employee benefits provided, however, that no provision of a tentative agreement that fails
to meet the conditions established in (a)-(d), above, shall become effective unless and
until it is approved by a two-thirds majority of the full City Council.
From the effective date of this Section until June 30, 2018, prior to any City Council
action that establishes the initial bargaining position of the City to meet and confer with
recognized employee organizations or bargaining groups which include increases to
salaries and benefits for any City officer or employee, in any proposed Memorandum of
Understanding or other agreement, the Retirement System shall prepare and submit to the
Mayor and City Council an actuarial study that identifies and discloses the impact on the
City’s Defined Benefit Pension Plan of any increases in proposed compensation or
benefits contained in the initial Council proposal, and certifies whether the proposed
action increases the average or mean Base Compensation, for any job classification. Prior
to any submission of a tentative agreement with any recognized employee organization or
bargaining group to the City Council for approval of a Memorandum of Understanding,
the City shall refer the tentative agreement to the Retirement System’s Actuary to update
the actuarial study to include any additional fiscal impacts of the tentative agreement.
Such analysis shall be made readily available to the public ten days prior to any final
action taken by the Council.
Nothing in this section shall be interpreted to limit the ability of the City to offer
additional compensation for City officers and employees during the effective period of
this section, provided however that such compensation shall not have the effect of

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increasing the Base Compensation for Establishment of Pension Benefits for that City
officer or employee without complying with the requirements of this section.
Nothing in this section shall be interpreted to limit the ability of the City to exercise
authority under Charter Section 124 (Promotions). This section shall be implemented in a
manner consistent with the requirements of any applicable labor relations laws. This
Charter Section 70.2 shall be automatically repealed and removed from this Charter on
July 1, 2018, unless extended, modified or repealed by a vote of the People.
(Addition voted 06-05-2012; effective 07-20-2012.)
Section 71:

Multi-Year Capital Plan

The Mayor shall maintain a current, multi-year capital plan that identifies and prioritizes
deferred capital and infrastructure needs of the City and projects the amount of available
funding sources over the term of the plan.
(Amendment voted 11-06-1962; effective 01-21-1963.)
(Amendment voted 11-04-1969; effective 01-29-1970.)
(Amendment voted 11-07-1978; effective 01-12-1979.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 71a: Reappropriations at Beginning of Fiscal Year for Salaries and Maintenance
and Support Expenses
(Addition voted 04-20-1943; effective 05-04-1943.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 72:

Mid-Year Amendment to Annual Budget

The Council shall by ordinance set forth the terms and conditions under which the Mayor
must propose mid-year amendments to the annual budget.
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language

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Section 73:

Transfer of Appropriations

Upon the written recommendation of the Mayor, the Council may at any time transfer all
or part of an unencumbered balance of an appropriation to a purpose or object for which
the appropriation for the current year has proved insufficient, or may authorize a transfer
to be made between items appropriated for the same Department or office; provided,
however, the Council shall have no authority to transfer all or any part of the salary
account during the fiscal year to any other purpose, save and except in the event of a
public emergency, and then only for the purpose of insuring the safety and lives and
property of the inhabitants of The City of San Diego.
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 74:

Appropriation Required for City Debt

An appropriation on account of the debt of the municipality, at least equal to the amount
or amounts, estimated by the Mayor to be required for the purpose, shall be included in
each Annual Appropriation Ordinance passed by the Council. If for any reason the
Council fail to include such an appropriation in the Annual Appropriation Ordinance or
shall appropriate for the debt of the municipality less than estimated by the Mayor to be
required for that purpose, or less than that actually required for that purpose, the Chief
Financial Officer shall nevertheless cause to be set up, an appropriation account for the
full amount so estimated or actually required and shall, notwithstanding any other
appropriation made by the Council, transfer to such account out of any moneys of the
municipality derived from taxes and paid into the Treasury, such amount or amounts as
may be necessary to bring the appropriation for the City debt up to the full amount of the
Mayor’s estimate or the sum actually required.
Any taxpayer of the City or owner of any bond thereof may bring suit against the Chief
Financial Officer in the Superior Court to enforce the provisions of this section and if,
upon such suit, it be found that the Council has failed to make an appropriation for the
full amount estimated by the Mayor and actually required for the City debt and that the
Chief Financial Officer has failed to set up the appropriation account and provide for
transfers thereto as required by this section, the court shall order the establishment of
such appropriation account and the necessary transfers thereto as hereinbefore provided.
And such action by the court shall have the same force and effect in regard to
appropriations for the City debt as though taken by the Council in the Annual
Appropriation Ordinance.
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)

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(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 75:

Annual Tax Levy

No later than the last day of August of each year, the Council shall adopt an ordinance
levying upon the assessed valuation of property in the City any lawfully imposed ad
valorem property taxes. Unless otherwise provided by ordinance, the City shall use, for
purposes of municipal taxation, the County of San Diego system of assessment and tax
collection. If the Council fails to levy a rate of taxation at the time and in the manner
provided by the Charter, the Chief Financial Officer shall calculate a rate of taxation, not
exceeding the limit provided by law, in an amount required to meet maturing portions of
principal and interest on the bonded indebtedness of the City and any special taxes
lawfully imposed. The Chief Financial Officer shall give public notice of the rate of
taxation as provided by ordinance. The Chief Financial Officer is hereby vested with all
necessary legislative power to carry out the provisions of this section.
(Amendment voted 11-04-1975; effective 12-01-1975.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 76:

Special Taxes

Notwithstanding any provision of this Charter to the contrary, a special tax, as authorized
by Article XIIIA of the California Constitution, may be levied by the Council only if the
proposed levy has been approved by a two-thirds vote of the qualified electors of the City
voting on the proposition; or if the special tax is to be levied upon less than the entire
City, then the tax may be levied by the Council only if the proposed levy has been
approved by a two-thirds vote of the qualified electors voting on the proposition in the
area of the City in which the tax is to be levied.
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 76.1: Special Taxes
(Amendment voted 11-08-1983; effective 12-30-1983.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 77:

Proceeds of Sale of City-Owned Real Property

All proceeds received from the sale of City-owned real property shall be used exclusively
for the acquisition and construction of permanent public improvements, including public
buildings and such initial furnishings, equipment, supplies, inventory and stock as will

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establish the public improvement as a going concern. Proceeds may also be used to
reimburse the General Fund for prior capital expenditures and for the financing costs, if
any, associated with the acquisition and construction of such permanent public
improvements. The funds may also be used for the replacement of permanent public
improvements but not the repair or maintenance thereof. The qualified electors of the
City may, by a two-thirds vote, consent to the transfer and expenditure of such moneys
for other purposes.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 04-20-1943; effective 05-04-1943.)
(Amendment voted 04-19-1949; effective 05-20-1949.)
(Amendment voted 11-06-1962; effective 01-21-1963.)
(Amendment voted 06-07-1966; effective 06-29-1966.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 77a: Provisions for Zoological Exhibits
The Council shall levy annually, in addition to all other taxes provided for in this Charter,
not less than two cents ($0.02) on each one hundred dollars ($100.00) of the assessed
valuation of the real and personal property within the City, to be used exclusively for the
maintenance in Balboa Park of zoological exhibits.
Whenever the Council deems it to be for the best interests of the City, the Council may
enter into a contract, upon such terms and conditions as the Council may prescribe, for
the maintenance in Balboa Park of zoological exhibits, with any organization formed
primarily for the purposes of maintaining zoological gardens and zoological exhibits and
conducting general zoological work; and may make available to such organization the
proceeds of the special tax levy provided for in this section.
(Addition voted 11-06-1934; effective 01-21-1935.)
(Amendment voted 04-22-1941; effective 05-08-1941.)
Prior Language
Section 77b: Public Transportation
(Addition voted 06-07-1966; effective 06-29-1966.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 77.1: Infrastructure Fund
There is hereby created a fund in the General Fund that shall be called the Infrastructure
Fund. The intent of the Infrastructure Fund is to require the City to dedicate specific
sources of revenue to fund General Fund infrastructure.

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(a)

For the purpose of this section, the following definitions shall apply and the words
shall appear in italics:
(1)

Base Year means the City’s fiscal year 2016 audited actual revenues and
expenditures.

(2)

Exempt Revenues means revenues that would be included in Infrastructure
Revenues but are otherwise legally committed to other uses, such as sales
tax rebate agreements.

(3)

General Fund Share means the amount budgeted annually in the General
Fund for maintenance and repair functions related to Infrastructure,
including but not limited to streets, storm water systems, and facilities.
The City Council may, by ordinance, more specifically define included
functions.

(4)

Infrastructure means General Fund capital improvements including
streets, sidewalks, bridges, bike paths and related right-of-way features,
storm water and drainage systems, public buildings such as libraries,
recreational and community centers, public safety facilities such as police,
fire and lifeguard stations, and park facilities. New convention center
facilities and new professional sports venues are expressly excluded from
the definition of Infrastructure. Software and other technology that is
capital in nature (having a useful life in excess of five (5) years) may be
included in the definition of Infrastructure by the City Council by
ordinance.

(5)

Infrastructure Revenues means Major Revenues Increment, Sales Tax
Increment, and Pension Cost Reduction dedicated to the Infrastructure
Fund pursuant to this section, as specified, and excluding Exempt
Revenues.

(6)

Major Revenues means property tax revenues, unrestricted General Fund
transient occupancy tax revenues and unrestricted General Fund franchise
fees. Sales tax revenues are excluded from the definition of Major
Revenues as are any components of revenues otherwise identified as
Major Revenues that are already dedicated to other purposes by this
Charter or other law.

(7)

Major Revenues Increment means fifty percent (50%) of the year to year
growth in Major Revenues beginning with the Base Year.

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(8)

Pension Cost means, for each enumerated item herein, the General Fund
portion of:
(A) the City’s Actuarial Determined Contribution (ADC) as provided to
the City by the San Diego City Employees’ Retirement System (SDCERS)
plus (B) any payments required under the City’s Preservation of Benefits
Plan, plus (C) any payments made pursuant to the Supplemental COLA
benefit, plus (D) any employer contributions made to an interim or final
defined contribution plan on behalf of City employees initially hired on or
after July 20, 2012 and who are not members of SDCERS. Pension Cost,
as defined herein, is not intended to define, limit, or otherwise modify the
City’s obligation to fund any vested retirement benefit for any City
employee.

(9)

Pension Cost Reduction means the amount by which the Pension Cost in
the proposed budget for each fiscal year beginning in Fiscal Year 2018, is
lower than the Pension Cost in the Base Year. If the Pension Cost in any
fiscal year is higher than the Pension Cost in the Base Year there is no
Pension Cost Reduction in that fiscal year.

(10)

Sales Tax Baseline means Sales Tax Revenue in the Base Year adjusted for
the annual change in the statewide Consumer Price Index (CPI) for
California.

(11)

Sales Tax Increment means the annual change in Sales Tax Revenue
compared to the Sales Tax Baseline.

(12)

Sales Tax Revenue means any unrestricted sales tax revenue received by
the City. In the Base Year, Sales Tax Revenue is the Bradley-Burns Sales
Tax received by the City including the Triple Flip Property Tax
reimbursement.

(b)

Beginning with the Mayor’s Fiscal Year 2018 proposed budget, and for each
fiscal year through Fiscal Year 2022, Infrastructure Revenues shall include Sales
Tax Increment plus Major Revenues Increment, plus Pension Cost Reduction,
minus Exempt Revenues.

(c)

Beginning with the Mayor’s Fiscal Year 2023 proposed budget, Infrastructure
Revenues shall include Sales Tax Increment plus Pension Cost Reduction, minus
Exempt Revenues.

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(d)

Beginning with the Mayor’s Fiscal Year 2043 proposed budget, all funds
previously budgeted in the Infrastructure Fund shall be budgeted in the General
Fund as unrestricted revenues and the requirements of this section shall cease.

(e)

Each fiscal year, as part of the presentation of the proposed budget, the Chief
Financial Officer shall certify as to the accuracy of the calculations used in
determining the amount of Infrastructure Revenues.

(f)

Infrastructure Revenues shall be used exclusively for the acquisition of real
property, construction, reconstruction, rehabilitation, repair and maintenance of
Infrastructure, including all costs associated with financing such acquisition of
real property, construction, reconstruction, rehabilitation, repair and maintenance.
Personnel costs associated with such use are also permitted. Infrastructure
Revenues may not be used to fund debt service on General Fund lease revenue
bonds issued before the effective date of this section. Infrastructure Revenues
may not be used to fund operations, such as utility costs, janitorial services, waste
management and upkeep of grounds. Operations may be more specifically defined
by the City Council by ordinance.

(g)

The Mayor may request the suspension of the requirements of this section for one
fiscal year or for the remainder of a fiscal year. After at least one public hearing
on the request for suspension, the City Council may approve a one-year
suspension by a vote of two-thirds of the City Council.

(h)

Except in the event of the suspension of the requirements of this section, in no
fiscal year may the General Fund Share be less than the amounts included in the
Base Year.

(i)

The adopted budget in any fiscal year must comply with the requirements of this
section.

(j)

The City Council shall, by ordinance, establish policies and definitions, not
inconsistent with this section, related to the use of the Infrastructure Fund.

(k)

Nothing in this section prohibits the City Council from transferring additional
revenues to the Infrastructure Fund or otherwise funding infrastructure projects
within the General Fund.

(l)

Infrastructure otherwise approved by voters in a general obligation bond election
shall not be included in permitted uses of Infrastructure Revenues except with
respect to maintenance and repair.
(Addition voted 06-07-2016; effective 07-18-2016.)

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Section 78:

Assessment and Collection of Taxes

(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 79:

Special Assessments

The Council shall have power by ordinance to provide for the payment of all or any part
of the cost of any public service or of the acquisition of any land or other property for
public use, or of the construction, reconstruction, operation or maintenance of any
structure or work in the nature of a public facility or improvement, by levying and
collecting special assessments upon property specially benefitted. The mode and manner
for the acquisition of any land or other property for public use or of the construction,
reconstruction, operation or maintenance of any structure or work in the nature of a
public facility or improvement and the levying and collecting of special assessments
therefor shall be as prescribed at that time by the general law of the State of California
relative thereto; unless the Council shall by ordinance provide otherwise.
The legal and engineering work of preparing proceedings, plans and specifications, costs
and estimates of any improvements under this Section shall be done and performed by the
offices of the City Attorney and City Engineer respectively. However, if there shall be
filed with the City Clerk for presentation to the Council a request in writing by property
owners interested that such legal and engineering work be performed by attorneys and
engineers outside of the City employ, the Council may so provide. As a condition
precedent to the Council’s granting permission for the employment of private attorneys or
engineers, the property owners interested, the private attorney or the engineer, as
appropriate, shall agree to hold the City free and harmless of and from any and all
liability or cost or expense if for any reason the project is abandoned by the Council or
the assessments are not levied or collected. On City-initiated projects toward which the
City or other public agency contributes a portion of the costs, the Council may provide
for the employment of private attorneys or engineers without requiring compliance with
the foregoing condition precedent.
(Amendment voted 06-07-1966; effective 06-29-1966.)
Prior Language
Section 80:

Money Required to Be in Treasury

The Council may not approve any contract, agreement or other obligation involving the
expenditure of City funds unless the Chief Financial Officer first certifies that, in the

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judgment of the Chief Financial Officer, sufficient funds are or will be available in the
City treasury to make such expenditures from revenues received during or before the
fiscal year in which the obligations will become due.
(Amendment voted 06-04-1968; effective 07-22-1968.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 81:

Allotments

(Amendment voted 11-04-1969; effective 01-29-1970.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 82:

Payment of Claims Against the City

All invoices, bills and claims for payment shall be properly approved by the employee or
officer designated by the Mayor or by an independent department head or designees and
submitted to the Chief Financial Officer for review and payment. The Chief Financial
Officer shall ensure that proper controls exist in all City departments to support accurate
and timely disbursements of city funds.
The Chief Financial Officer shall make no payment unless he or she has determined that
it has been properly approved, is in the proper form, correctly computed, legally due and
payable, that an appropriation for such payment is available and that there is money in the
treasury to make such payment. Payments for salaries of officers and employees shall be
made regularly from the treasury without the necessity of review and approval prescribed
for other payments. Claims against the City shall be paid in any acceptable form of
payment authorized under the provisions of the California Government Code.
(Amendment voted 09-17-1963; effective 02-11-1964.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 83:

Payment of Claims Against the City

(Amendment voted 06-05-1956; effective 01-10-1957.)
(Amendment voted 09-17-1963; effective 02-11-1964.)

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(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 84:

Money to Be Drawn from Treasury in Accordance with Appropriation

No money shall be drawn from the treasury of the City, nor shall any obligation for the
expenditure of money be incurred, except in pursuance of the Annual Appropriation
Ordinance or of the annual appropriation changed as authorized by Section 73 of this
Article. At the close of each fiscal year any unencumbered balance of an appropriation
except retirement funds, and such trust funds as may be established by this Charter shall
revert to the fund from which appropriated and shall be subject to reappropriation.
Appropriations may be made by the Council, to be paid out of the revenues of the current
year, in furtherance of improvements or other objects or works which will not be
completed within the year. Any such appropriation shall continue in force until the
purpose for which it was made shall have been accomplished or abandoned.
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 85:

Daily Deposits of Money

All moneys received from taxes, licenses, fees, fines, penalties and forfeitures and all
moneys which may be collected or received by any officer of the City in his official
capacity, or from any Department of the City for the performance of any official duty and
all moneys accruing to the City from any source and all moneys directed by law or by
this Charter to be paid or deposited in the treasury, shall be paid into the treasury daily.
Section 86:

Disposition of Public Moneys

All City officials and employees empowered to collect money for fees, permits, licenses,
inspections, services, taxes or other municipal charges, shall collect the same promptly at
the time they become due, turn them into the City Treasury daily, obtain a receipt
therefor, and report the same to the City Chief Financial Officer daily; provided,
however, that in the case of employees located in distant parts of the city or county who
in the course of their duties collect money belonging to the City, which collections can be
deposited in the City Treasury daily only with difficulty and undue cost to the City, such
collections may be deposited in the City Treasury within one week after their receipt by
the employee collecting the same. All such moneys and all fines or pecuniary penalties or
forfeitures which may accrue to the City, and all funds which may remain in the
possession of the City unclaimed after a period of one year from the date when due and
payable, shall be credited to the appropriate fund of the City, and shall be applicable to

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any purpose to which the Council may appropriate them and the Council shall
appropriate from this fund whatever sum may be necessary to pay valid claims of more
than one year’s standing.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 87:

Uniform Accounts

The Chief Financial Officer shall prescribe uniform forms of accounts which shall be
observed by all officers and Departments of the City which receive or disburse City
moneys. Whenever an act shall be passed by the legislature of the State providing for
uniform municipal accounts or reports, the City Council may elect to conform thereto.
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 88:

Monthly Reports of Officers

At least monthly every officer authorized by law to charge any fee, commission,
percentage, allowance or compensation, must make a written report to Chief Financial
Officer of all moneys received by him during the preceding accounting period.
(Amendment voted 06-04-1974; effective 08-13-1974.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 89:

Monthly Statements by the Chief Financial Officer

The Chief Financial Officer shall prepare for submission to the Council at least monthly,
or when requested, a summary statement of revenues and expenses for the preceding
accounting period, detailed as to appropriations and funds in such manner as to show the
exact financial condition of the City and of each Department and Division thereof as of
the last day of the previous accounting period.
(Amendment voted 06-04-1974; effective 08-13-1974.)

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(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 90:

General Obligation Bonds

The Council is authorized to provide for the issuance of general obligation bonds in
accordance with the California Constitution. General obligation bonds may be issued and
sold in accordance with state law and any other local procedure adopted by ordinance.
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 90.1: Revenue Bonds
The Council may authorize the issuance of revenue bonds by a two-thirds vote of the
Council provided the bonds are not secured by or payable from the general fund or any
fund other than an enterprise fund and that the purpose of the bond issue is to provide for
the construction, reconstruction or replacement of water facilities, wastewater facilities,
or stormwater facilities. All revenue bonds may be issued and sold in accordance with
state law or any procedure established by ordinance.
(Addition voted 11-02-1954; effective 01-10-1955.)
(Amendment voted 06-03-1958; effective 02-19-1959.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 90.2: Sewer
(Addition voted 06-05-1956; effective 01-10-1957.)
(Amendment voted 11-8-1960; effective 1-9-1961.)
(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 90.3: Voter Approval for Major Public Projects Conferring Significant Private
Benefit
(a)

The City may not enter into the agreements necessary for financing, development,
and construction of a major public project that confers a significant private
benefit, unless that project is submitted to a vote at a municipal election and a
majority of those voting in that election approve the project.

(b)

For purposes of this section 90.3:

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(1)

the term “major public project” means any capital improvement for which
the expenditure of City funds is proposed, other than capital improvements
for water, sewer or other public infrastructure, and for which the City’s
total cost is in excess of an amount equal to ten percent (10%) of the
City’s General Fund budget for the fiscal year in which the project is
proposed to be approved by the electorate;

(2)

the term “cost” means the amount paid to directly develop or construct the
project, and does not include costs related to financing or interest;

(3)

the term “significant private benefit” means that one or more identifiable
private individuals or entities will have the exclusive use of any portion of
the proposed capital improvement, pursuant to any type of agreement, for
more than ten percent (10%) of the days during any calendar year that the
proposed capital improvement is available for use, for the purpose of
generating federal or state taxable income for such private individual or
entity;

(4)

the term “City funds” means funds authorized to be spent pursuant to an
appropriation in the City’s annual budget and derived through any type of
financing mechanism, including cash, loans, revenue bonds, lease revenue
bonds or certificates of participation, but not including funds generated by
a financing mechanism in which the City acts solely as a conduit, and
where all costs and financial risks associated with the financing,
development and construction are the responsibility of individuals or
entities other than the City; and

(5)

the term “identifiable private individuals or entities” means those
individuals or entities which can be clearly identified, prior to the
development of a project, as the party or parties who will ultimately use,
rent, lease, or operate the facility for their own benefit. Not included
within this definition are private individuals, business interests, groups,
trades, associations or any other private entity that may derive private
benefit indirectly as a result of the major public project.

(c)

Nothing in this section supersedes or nullifies the application of the voter
approval requirements of section 90 of this Charter, governing any major public
project financed by the City’s issuance of general obligation bonds.

(d)

Any major public project that has been submitted to a vote at a municipal election
and has been approved by a majority of those voting in that election on or before
the effective date of this section shall be deemed to have complied with and
fulfilled the requirements of this section.

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(Addition voted 11-03-1998; effective 12-04-1998.)

Section 91:

General Fund to Operate on Cash Basis

The City shall maintain sufficient cash on hand, including all funds available in the
General Fund or from which the General Fund may temporarily borrow, to allow for
keeping the payment of the running expenses of the General Fund on a cash basis. In the
event that the Chief Financial Officer determines that the General Fund will not have
sufficient cash available to meet all legal demands against the General Fund prior to the
receipt of necessary revenues in any fiscal year, the City may issue short term notes in
accordance with Charter section 92.
(Amendment voted 11-06-1962; effective 01-21-1963.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 91.1: General Fund Reserves
The City shall maintain General Fund Stability and Emergency Reserves that may be
accessed in the event of a significant emergency or economic downturn, unanticipated
liability, or adverse litigation that affects revenues and expenditures in the General Fund.
Recommendations to appropriate from the Emergency Reserve will require a two-thirds
affirmative vote of the City Council. The Council shall establish policies for use of the
Stability Reserve account.
(Addition voted 06-07-2016; effective 07-18-2016.)
Section 92:

Borrowing Money on Short Term Notes

Bonds or notes may be issued in anticipation of the collection of special assessments, and
bonds, notes, or registered warrants on the treasury may be issued in anticipation of the
collection of taxes and revenues, as authorized by the City Council by resolution and
shall not be deemed the creation of debt within the meaning of Section 90 of this Article.
Bonds, notes or registered warrants on the treasury issued in anticipation of the collection
of the taxes of any fiscal year may be issued during each fiscal year and each such bond,
note, or warrant shall specify that it is payable out of the taxes and revenues of the fiscal
year in which issued, and shall not bear a higher rate of interest than the maximum rate
established by Council Resolution within the legal limit, and the total amount of such
bonds, notes or warrants, authorized and issued in any fiscal year shall not, in the
aggregate, be more than twenty-five (25) percent of the total appropriations of the City
for such year. Nothing herein contained shall be construed to authorize the incurring of
an obligation against the municipality in excess of that authorized to be incurred by the
Constitution of the State of California.

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(Editor’s note: Supplement No. 655)
(Amendment voted 11-06-1962; effective 01-21-1963.)
(Amendment voted 09-21-1965; effective 02-10-1966.)
(Amendment voted 06-03-1980; effective 07-16-1980.)
(Amendment voted 11-06-1990; effective 02-19-1991.)
Prior Language
Section 93:

Loans and Advances

The City Council may from time to time authorize the advance of moneys in the treasury
as a temporary loan to any tax-supported fund, which loan shall be repaid from the first
property taxes received thereafter; provided, however, that such temporary loans shall not
exceed the current property taxes receivable. It shall be lawful from time to time to
advance money in the General Fund to any bond fund or to use any money in the General
Fund for any purpose for which a loan shall have been authorized and bonds actually
voted but not yet issued and sold, and the City officials need not sell said bonds until it is
necessary to repay the General Fund advances or to replenish such loan fund or funds.
The credit of the City shall not be given or loaned to or in aid of any individual,
association or corporation; except that suitable provision may be made for the aid and
support of the poor.
(Amendment voted 11-06-1962; effective 01-21-1963.)
Prior Language
Section 94:

Contracts

Contracts for the construction, reconstruction or repair of public buildings, streets, utilities
and other public works, for the provision of goods or services, and the hiring of architects,
engineers, and other consultants, shall be competitively bid pursuant to rules established by
ordinance of the City Council. The City Council may establish by ordinance contract
amounts below which competitive bidding is not required. Unless otherwise required by
ordinance, competitive bidding is not required for work done by City forces, services
provided by non-profit organizations, in an emergency, or where competitive bidding is not
required by state law.
Pursuant to state law, no officers of the City, whether elected or appointed, financially
interested in any contract made by them in their official capacity. Any officer who willfully
violates this paragraph shall be guilty of a misdemeanor and shall immediately forfeit his or
her office and be thereafter forever barred and disqualified from holding any elective or
appointive office in the service of the City.
All contracts entered into in violation of this Section shall be void and shall not be
enforceable against said City; provided, however, that officers of this municipality may own
stock in public utility service corporations and the City permitted to contract for public utility
service when the rates for such service are fixed by law or by virtue of the Public Utilities

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Commission of the State of California; and provided further, that no officer shall be
prohibited from purchasing the services of any utility whether publicly or privately owned,
whether or not the rates are fixed by law or by the Public Utilities Commission of the State of
California; and provided further, that in designating any bank as a depository for the funds of
said City, any officer interested as a stockholder or otherwise in such bank shall not be
deemed to have an interest in such City contract within the meaning of this section, and in
each of the cases enumerated herein such contracts shall be valid and enforceable obligations
against the municipality.
(Amendment voted 03-13-1945; effective 04-09-1945.)
(Amendment voted 03-11-1947; effective 03-24-1947.)
(Amendment voted 03-10-1953; effective 04-20-1953.)
(Amendment voted 09-17-1963; effective 02-11-1964.)
(Amendment voted 11-04-1975; effective 12-01-1975.)
(Amendment voted 11-02-1976; effective 01-12-1977.)
(Amendment voted 09-20-1977; effective 11-18-1977.)
(Amendment voted 11-03-1998; effective 12-04-1998.)
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language

Section 94.1: Job Order Contracts
(Addition voted 11-03-1998; effective 12-04-1998.)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 94.2: Design-build Contracts
(Addition voted 11-03-1998; effective 12-04-1998.)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 94.3: Bond Reimbursement Program
(Addition voted 11-03-1998; effective 12-04-1998)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 94.4: Construction Manager At Risk Contracts
(Addition voted 3-2-2004; effective 07-15-2004)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language

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Section 95: Preference in Accepting Bids
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Repeal voted 09-21-1965; effective 02-10-1966.)
Prior Language
Section 96: Progressive Payments
(Amendment voted 03-23-1937; effective 04-14-1937.)
(Repeal voted 09-17-1963; effective 02-11-1964.)
Prior Language
Section 97:

No Collusion in Bidding

If at any time it shall be found that any party or parties to whom a contract has been
awarded has, in presenting any bid or bids, been guilty of collusion with any party or
parties in the submission of any bid or for the purpose of preventing any other bid being
made, then the contracts so awarded may be declared null and void by the Council and
the Council shall thereupon re-advertise for new bids for said work or the incomplete
portion thereof. The Council shall debar from future bidding all persons or firms found
to be in violation of this Section, or any future firm in which such person is financially
interested.
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 98:

Alteration in Contracts

(Amendment voted 06-07-1966; effective 06-29-1966.)
(Amendment voted 11-04-1975; effective 12-01-1975.)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 99:

Continuing Contracts

The City shall not incur any indebtedness or liability in any manner or for any purpose
exceeding in any year the income and revenue provided for such year unless the qualified
electors of the City, voting at an election to be held for that purpose, have indicated their
assent as then required by the Constitution of the State of California, nor unless before or at
the time of incurring such indebtedness provision shall be made for the collection of an
annual tax sufficient to pay the interest on such indebtedness as it falls due, and also
provision to constitute a sinking fund for the payment of the principal thereof, on or before
maturity, which shall not exceed forty years from the time of contracting the same; provided,
however, anything to the contrary herein notwithstanding, when two or more propositions for
incurring any indebtedness or liability are submitted at the same election, the votes cast for
and against each proposition shall be counted separately, and when the qualified electors of
the City, voting at an election for that purpose have indicated their assent as then required by

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the Constitution of the State of California, such proposition shall be deemed adopted. No
contract, agreement or obligation extending for a period of more than five years may be
authorized except by ordinance adopted by a two-thirds’ majority vote of the members
elected to the Council.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 06-04-1968; effective 07-22-1968.)
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language

Section 99.1: Sports Stadium
For the purpose of acquiring, constructing and completing on a site in Mission Valley not
to exceed 200 acres and lying westerly of Murphy Canyon Road, northerly of Highway
80 and southerly of Friars Road, and maintaining and operating thereon a coliseum,
stadium, sports arena, sports pavilion or other building, or combination thereof, and
facilities and appurtenances necessary or convenient therefor, for holding sports events,
athletic contests, contests of skill, exhibitions and spectacles and other public meetings,
the City may, in addition to other legal methods, enter into contracts, leases or other
agreements not to exceed fifty years with any other public agency or agencies, and the
provisions of Sections 80 and 99 of this Charter shall not be applicable thereto.
(Addition voted 11-02-1965; effective 02-10-1966.)
Section 100: No Favoritism in Public Contracts
No officer or employee of the City shall favor one bidder over another, by giving or
withholding information, or shall willfully mislead any bidder in regard to the character of
the material or supplies called for, or shall knowingly accept materials or supplies of a quality
inferior to that called for by the contract, or shall knowingly certify to a greater amount of
labor performed than has actually been performed, or to the receipt of a greater amount of
material or supplies than has actually been received. Any officer or employee found guilty of
violation of this Section shall forfeit his position immediately.
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language

Section 101: When Contracts and Agreements Are Invalid
All contracts, agreements or other obligations entered into, all ordinances and resolutions
passed, and orders adopted, contrary to the provisions of Sections 97 and 100 of this
Article may be declared null and void by the Council and thereupon no contractor
whatever shall have any claim or demand against the City thereunder, nor shall the
Council or any officer of the City waive or qualify the limitations fixed by such section or
fasten upon the municipality any liability whatever; provided that all persons who have
heretofore furnished material for and/or performed labor on the job shall be protected by

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the contractor’s surety bonds. Any willful violation of these Sections on contracts shall
constitute malfeasance in office, and any officer or employee of the City found guilty
thereof shall thereby forfeit his office or position. Any violation of these Sections, with
the knowledge, expressed or implied of the person or corporation contracting with the
City shall render the contract voidable by the Council.
Section 102: Continuance of Contracts
All contracts entered into by the City, or for its benefit, prior to the taking effect of the
Charter, shall continue in full force and effect.
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language

Section 103: Franchises
The Council shall have power to grant to any person, firm or corporation, franchises, and
all renewals, extensions and amendments thereof, for the use of any public property
under the jurisdiction of the City. Such grants shall be made by ordinance adopted by
vote of two-thirds (2/3) of the members of the Council and only after recommendations
thereon have been made by the Manager and an opportunity for free and open
competition and for public hearings have been given. No ordinance granting a franchise
or a renewal, extension or amendment of an existing franchise shall be effective until
thirty days after its passage, during which time it shall be subject to the referendum
provisions of this Charter. No franchises shall be transferable except with the approval of
the Council expressed by ordinance. For purposes of this section, a Council approved
transfer shall be required when there is any change in the legal structure of the entity
which holds the franchise, which change alters the ownership or control of the entity.
Such changes include, but are not necessarily limited to, sale, lease, assignment,
corporate merger, stock swap, leveraged buy-out reorganization, or any other method
heretofore or hereafter devised which results in a change of ownership or control of the
entity. Absent Council approval, the franchise shall not be deemed to have been
transferred to the new entity. This amendment is intended to be declaratory in nature as
an explanation of the existing transfer of franchise provisions as set forth above and in
the various City franchises presently in existence.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 11-04-1969; effective 01-29-1970.)
(Amendment voted 11-03-1992; effective 12-18-1992.)
Prior Language
Section 103.1:Regulation of Public Utilities
No person, firm or corporation shall establish and operate works for supplying the
inhabitants of The City of San Diego with light, water, power, heat, transportation,

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telephone service, or other means of communication, or establish and carry on any
business within said City which is designed to or does furnish services of a public utility
nature to the inhabitants of said City, without the consent of said City manifested by
ordinance of the Council. The Council shall have power to provide reasonable terms and
conditions under which such businesses may be carried on and conducted within The
City of San Diego.
(Addition voted 03-10-1953; effective 04-20-1953.)
Section 103.1a:

Environmental Growth Fund

There is hereby created a fund in the City Treasury, to be known as the Environmental
Growth Fund. Into this fund each year there shall be placed 25 percent of all moneys
derived from the revenues accruing to the City from any franchises for the transmission
and distribution of gas, electricity and steam within the City of San Diego.
The Environmental Growth Fund shall be used exclusively for the purpose of preserving
and enhancing the environment of the City of San Diego in whatever manner is deemed
appropriate by the City Council of The City of San Diego; provided, however, that
two-thirds of the moneys paid into the Environmental Growth Fund shall be used
exclusively as debt service for bonds of any nature issued for the acquisition,
improvement and maintenance of open space to be used for park or recreational purposes.
In connection with the issuance of any general obligation bonds for the acquisition,
improvement and maintenance of open space to be used for park or recreational purposes,
the Council may pledge up to two-thirds of the Environmental Growth Fund to the
payment or security of such general obligation bonds and the interest thereon and may so
state in any ordinance calling an election authorizing the issuance of said general
obligation bonds. If there are no such bonds outstanding or if two-thirds of the moneys
paid into the Environmental Growth Fund exceed the amount necessary to service any
outstanding bonds issued for the above purposes in any fiscal year, then in those events,
and those events only, the moneys set aside for debt service of said bonds or that portion
of said moneys which is not needed for debt service of said bonds, shall be used, if at all,
exclusively for the purpose of preserving and enhancing the environment of the City of
San Diego in whatever manner is deemed appropriate by the City Council of The City of
San Diego.
(Addition voted 06-06-1972; effective 08-03-1972.)
Section 104: Term and Plan of Purchase
Within six months after this Charter takes effect, copies of all franchises existing at the
time shall be deposited with the Manager. The Council shall certify to the existence of
such franchises and shall recognize them for periods not longer than the date of
expiration on each. The Manager shall keep a public record of all franchises, leases or
permits granted for the use of the public property of the City. The Council may fix the

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term of each new franchise in accordance with the laws of the State of California,
provided that any franchise may be terminated by ordinance whenever the City shall
determine to acquire by condemnation or otherwise the property of any utility necessary
for the welfare of the City, such termination to be effective upon and not before payment
of the purchase price for the property to be acquired. The method of determining the
price to be paid for the property so acquired shall be that provided by law affecting the
purchase of public utility properties in effect at the time of the purchase or condemnation
of such public utility property.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 09-17-1963; effective 02-11-1964.)
Prior Language
Section 105: Right of Regulation
Plenary control over all primary and secondary uses of its streets and other public places
is vested in the City. Franchises may be granted upon such terms, conditions,
restrictions or limitations as may be prescribed by ordinance. Every ordinance granting a
franchise shall provide that the grantee therein named, as consideration for such grant,
shall pay compensation to the City in an amount and in the manner set forth in said
ordinance.
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 11-07-1950; effective 01-13-1951.)
Prior Language
Section 106: Revocable Permits
Permits revocable at will of the Council for such minor or temporary utility purposes and
privileges as may be specified by general ordinance may be granted or revoked by the
Council from time to time in accordance with the terms and conditions prescribed thereby
and such permits shall not be deemed to be franchises as the term is used in this Charter.
Such general ordinance, however, shall be subject to the same procedure as an ordinance
granting a franchise and shall not be passed as an emergency measure.
Section 107: Official Bonds
The Council shall determine which officers of the City shall give bonds for the faithful
performance of their official duties, and fix the amount of such bonds. Each officer upon
entering upon his duties shall deliver to the City a surety bond executed by a reliable
surety company authorized to do business in the State of California in the penal sum
required, which surety bond shall include other offices of which he may be an ex-officio
incumbent, and shall also cover the services of any and all assistants and deputies of said
officer. The Council may, however, if it so desires, purchase from a reliable surety
company authorized to do business in the State of California a blanket surety bond, which

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shall insure the faithful performance of the official duties of each officer named therein
and fix the amount of each bond for each officer named therein. Each bond or the
blanket bond if so purchased shall be approved by the Council and filed with the City
Clerk. The premium of all such bonds shall be paid by the City.
(Amendment voted 04-21-1953; effective 05-29-1953.)
Prior Language
Section 108: Forfeiture of Office for Fraud
Every officer who shall willfully approve, allow, or pay any demand on the treasury not
authorized by law, and found civilly liable by a court of competent jurisdiction, shall be
liable to the City individually and on his or her official bond, for the amount of the
demand so approved, allowed or paid, and shall forfeit such office and be forever
debarred and disqualified from holding any position in the service of the City. Violation
of this section may also be prosecuted as a misdemeanor.
(Amendment voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 109: Accounts of Municipally Owned Utilities
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Repeal voted 11-03-1964; effective 01-21-1965.)
Prior Language
Section 110: Claims Against the City
Whenever it is claimed that The City of San Diego is liable to any person because of
injuries suffered by such person, either to person or property, because of negligence of
the City or its officers, a verified claim for damages shall be presented in writing and
filed with the designated City official of The City of San Diego within one hundred (100)
days after the occurrence giving rise to the claim for damages.
Whenever it is claimed that The City of San Diego is obligated to pay money to any
person because of contract or by virtue of operation of law, a demand or claim for such
money shall be presented in writing and filed with the Auditor and Comptroller of The
City of San Diego within one hundred (100) days after the last item of the account or
claim has accrued.
Each claim for damages because of tort shall specify the name and address of the
claimant, the date and place of the accident and the extent of the injuries or damages
received.

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Each claim or demand for money due because of contract or operation of law shall
specify the name and address of the claimant, a brief description of the contract or a brief
recital of the facts giving rise to the obligation of the City imposed by law.
The time limit of one hundred (100) days shall not begin to run against a claimant whose
claim or demand for money due is because of operation of law until such claimant shall
have actual notice of the existence of such claim.
No suit shall be brought on any claim for money or damages against The City of San
Diego until a demand for the same has been presented, as herein provided.
(Amendment voted 03-28-1939; effective 04-24-1939.)
(Amendment voted 04-19-1949; effective 05-20-1949.)
(Amendment voted 03-10-1953; effective 04-20-1953.)
(Amendment voted 04-21-1959; effective 05-20-1959.)
(Amendment voted 09-17-1963; effective 02-11-1964.)
(Amendment voted 11-08-1977; effective 01-20-1978.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)
Prior Language
Section 111: Audits of Accounts of the City and City Officers
Each year the Council shall provide that an audit shall be made of all accounts and books of
all the Departments of the City. Such audit shall be made by independent auditors who are in
no way connected with the City. Either the Audit Committee or the Council may at any time
provide for an independent examination or audit of the accounts of any or all officers or
Departments of the City government. In case of death, resignation or removal of the City
Auditor, the Audit Committee shall cause an audit to be made of his or her accounts. If, as a
result of any such audit, an officer be found indebted to the City, the City Auditor, or other
person making such audit, shall immediately give notice thereof to the Audit Committee, the
Council, the Mayor and the City Attorney, and the latter shall forthwith proceed to collect
such indebtedness.
(Amendment voted 06-03-2008; effective 07-08-2008.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
Prior Language

Section 112: Appraisal of City Assets
(Amendment voted 04-22-1941; effective 05-08-1941.)
(Amendment voted 11-04-1958; effective 02-19-1959.)
(Effective 07-08-2008, the authority, power, and responsibilities conferred upon the
Auditor and Comptroller by this Charter were transferred to the Chief Financial Officer.
See section 39.)

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 City of San Diego City Charter
Article VII

(Repeal voted 06-07-2016; effective 07-18-2016.)
Prior Language
Section 113: Official Advertising
(Amendment voted 04-19-1949; effective 05-20-1949.)
(Amendment voted 03-10-1953; effective 04-20-1953.)
(Amendment voted 11-08-1977; effective 01-20-1978.)
(Repeal voted 11-08-2016; effective 12-19-2016.)
Prior Language
Section 114: Bureau of Information and Publicity
The Council may establish a bureau of information and publicity under the supervision
and control of the Manager, who shall designate some official in his Department or in
that of the City Clerk to compile the annual report of the City giving a summary of the
Council proceedings and a summary of the operations of the administrative Departments
for the previous fiscal years; have charge of the editing, printing and distribution of all
municipal records, reports and documents; collect and compile information and statistics
concerning all Departments and offices of the City, and other municipalities; and publish
as often as necessary a City Bulletin, which shall contain the transactions and
proceedings of the Council, the legal advertising of the City and such other information
relating to the affairs of the City as shall be determined by ordinance or as the Manager
may designate. The City Bulletin shall be published in lieu of the awarding of a contract
for publication of official advertising in a newspaper of the City when the Council shall
determine that it is to the best advantage of the City. The City Bulletin shall be
published, distributed or sold in such manner and on such terms as the Council may
determine. No unofficial advertising shall be published in the City Bulletin, nor shall the
City Bulletin be used to promote the candidacy of any person, or be used as a medium for
any personal controversy.

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