Alhambra Municipal Code Art. VI The Council

All powers herein granted to and vested in the City of Alhambra shall, except as otherwise provided, be exercised by a council to be designated the Alhambra City Council. Said council shall be the governing body of the city, and, subject to the 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 Constitution of the state, which power shall be exercised by ordinance, except when otherwise provided by law.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 24, which was approved by the voters of the city at an election held June 6, 1961.

The mayor shall preside at meetings of the council. In the absence of the mayor, the vice mayor shall preside at meetings of the council.

Editor's note: Section 38 was amended as approved by the voters of the city at a special municipal election held June 5, 1984. The amendment was filed in the Office of the Secretary of State and on August 17, 1984, was given Charter Chapter No. 21.

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.

All legislative sessions of the council, whether regular or special, shall be open to the public to the extent required by the Ralph M. Brown Act, Cal. Gov't Code §§ 54950 et seq.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.

The council shall judge the qualifications of its members and of all election returns and determine contested elections of all city officers, and shall also determine its own rules of procedure, may punish its members for disorderly conduct and compel their attendance at any meeting.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

The council shall act in legislative matters only by ordinance or resolution; other action of the council may be by resolution or order upon motion.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

The ayes and nayes shall be taken upon the passage of all ordinances and resolutions; on final action upon appointment or removal of officers, making of contracts, ordering supplies furnished, disposing of city property, or incurring of a debt by the city, and the record thereof entered upon the journal of proceedings of the council. Upon request of any member, the ayes and noes shall be taken and recorded on any vote. Every member, when present, must vote.

No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least three members of the council.

Every ordinance shall be preceded by a brief title which shall indicate the subject and purpose thereof.

The enacting clauses of all ordinances adopted by the council shall be, “The Alhambra City Council does ordain as follows:”, and the enacting clause of all ordinances adopted in accordance with the provisions of Article XIII shall be “The people of the City of Alhambra do ordain as follows”:

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Except as hereinafter provided, no ordinance for any purpose shall be adopted by the Council on the day of its introduction nor within five days thereafter nor at any other than a regular or an adjourned regular meeting.

Urgency ordinance providing for the immediate preservation of the public peace, health or safety, however, may be adopted at either a regular, adjourned regular or special meeting and may become effective immediately upon a four-fifth's vote of the Council.

No resolution or ordinance granting any fran-chise shall be adopted within thirty days after its introduction, and no franchise shall be renewed before one year prior to its expiration. The grant of a franchise under the Franchise Act of 1937, to any person, firm or corporation holding an existing franchise under Section 157 of Article XXI of this Charter, which existing franchise has an unexpired term of more than one year, shall not be prohibited by this section.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 162, which was approved by the voters of the City at an election held June 8, 1965; and amended further as approved by the voters of the city at a general municipal election held November 4, 1986; and amended further by the voters of the city at a special municipal election held March 5, 2002.

No action providing for levying any tax or assessment; granting any franchise; for establishing or changing fire limits or districts, or for imposing any penalty, shall be taken except by ordinance, except in cases where the council takes action in pursuance of a general law of the state.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966.

For case holding that a resolution authorizing a contract relating to real estate was insufficient and that the method of authorizing such contracts by ordinance is exclusive, see Milligan v. City of Alhambra, 110 Cal. App. 525, 294 P.404.

When any ordinance is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be taken unless by unanimous consent of all the council or at a meeting of the council, held not less than one week after the meeting at which such motion was made.

All resolutions and ordinances shall be signed by the mayor and attested by the city clerk and before taking effect, all ordinances or a summary thereof shall be published at least once in a newspaper published in said city, or posted in at least three public places therein for a period of ten days.

Editor's note: This section was amended by the voters of the city on March 5, 2002.

No ordinance shall be revised, re-enacted or amended by reference to its title only; but the revised ordinance or the amended section or sections thereof or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this article for the adoption of ordinances.

No ordinance or section thereof shall be repealed except by ordinance adopted in the manner provided in this article.

A true and correct copy or the original of all ordinances shall be kept and certified to by the city clerk in a book marked “city ordinances.” Such record copy, with such certificate, or the original ordinance shall be prima facie evidence of the contents of the ordinance and of the due passage and publication or posting of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the city clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication or posting of an ordinance in the usual way.

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Editor's Note: Sec. 55 concerning final action taken concerning department assigned to absent commissioners was repealed by the electorate on 3-26-96)

The council shall not create, audit, allow or permit to accrue any debt or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purpose, except in the manner provided in this Charter, for incurring indebtedness. No warrant shall be drawn or evidence of indebtedness be issued unless there is at the time sufficient money in the treasury legally applicable to the payment of the same, except as in this Charter provided.

The council shall cause all ordinances to be properly classified and indexed and kept at the City Hall, in a form readily accessible to all persons interested therein, and may from time to time cause the Charter of the city and the ordinances in force, either together or separately, to be published in book form.

The council shall cause to be prepared and filed in the office of the clerk within sixty days after the end of each fiscal year, or as soon thereafter as is possible, a report showing the financial transactions and financial condition of the city for such year. Such report may in the discretion of the council be published in pamphlet form. (Stats. 1927, p. 2055.)

Editor's note: This section was amended by the voters of the city on March 26, 1996.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966, and repealed by Senate Concurrent Resolution No. 111, which was approved by the voters of the city at a special municipal election held November 6, 1973.