Saathoff

Ronald L. Saathoff appeals from a judgment in favor of the City of San Diego et al., (hereafter the City or City Council) arising from the trial court’s denial of his petition for writ of mandate. Saathoff asserted in his writ of mandate petition that the City Council’s passage of a resolution based on a majority vote, awarding a paramedic system management contract to American Medical Services (hereafter American), constituted a franchise which required enactment of an ordinance based on a two-thirds vote. Given the relatively short-term four-year duration of the contract and the impermanent nature of the possessory use of public property, we hold the contract need not be deemed a franchise as a matter of law so as to invalidate the otherwise lawful exercise of governmental authority.

Factual and Procedural Background

In October 1992, the City Council approved the release of a “request for proposals” for paramedic system management. A notice of the procurement process was sent to 43 ambulance companies; in November 1992 the bidders made comments and asked questions at a bidders’ conference; and bids were accepted until December 1992. The timely bidders included Hartson…