San Rafael Municipal Code Art. VII The Council

All powers herein granted to and vested in the City of San Rafael shall, except as herein otherwise provided, be exercised by a council, to be designated the Council of the City of San Rafael. Said council shall be the governing body of the city, and shall consist of a mayor and four councilmen, 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.

The mayor shall be president of the council, and shall preside at its meetings when present. The council shall elect one of its number to be vice-president.

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.

A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of pending business in like manner.

The council shall determine its own rules of procedure, may punish its members for disorderly conduct and compel their attendance at the council meetings.

(1) The council may act by ordinance, resolution or motion, except in cases where it is required to act by ordinance under this charter or by applicable laws of the State of California.

(2) AYES AND NOES. 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. Every member when present, must vote.

(3) MAJORITY VOTE OF COUNCIL. No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least three members of the council.

(4) TITLE. Every ordinance shall be preceded by a brief title which shall indicate the subject and purport thereof.

(5) ENACTING CLAUSE OF ORDINANCE. The ordaining clause of all ordinances shall be: "The Council of the City of San Rafael do ordain as follows"; and the ordaining clause of all ordinances adopted in accordance with the provisions of Article V of the charter shall be, "The People of the City of San Rafael to ordain as follows."

(6) REQUIREMENTS OF ORDINANCES

(a) No ordinance shall be passed by the council on the day of its introduction, nor within five days thereafter, nor at any time other than at a regular meeting, nor until its publication at least once in full in a newspaper of general circulation published in the City of San Rafael at least three days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, it must in like manner be republished in full as amended at least three days before its adoption as amended.

(b) The publication of ordinances requirements of subdivision (a) may be satisfied alternatively in accordance with the general laws of the State of California in effect at the time the ordinance is enacted as set forth in Government Code Section 36933(c). (City Council Resolution No. 8982, adopted July 6, 1993, as ratified by the voters on November 2, 1993—State Charter Statutes Appendix, Chapter 25, 1993.)

(7) ORDINANCES REQUIRED IN CERTAIN CASES. No action providing for the sale of public property; for the granting of any franchise; for establishing or changing fire limits; or for the imposing of any penalty, shall be taken except by ordinance; provided, that such exceptions shall be observed as may be called for in cases where the council takes action in pursuance of a general law of the state. (Sen. Con. Res. No. 68, May 14, 1951, Nos. (1), (6) & (7).)

(8) RECONSIDERATION. 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 except at a meeting of the council held not less than one week after the meeting at which such motion was made.

(9) SIGNING AND ATTESTING. All ordinances shall be signed by the mayor and attested by the city clerk.

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

(11) REPEAL. No ordinance nor section thereof shall be repealed except by ordinance adopted in the manner provided in this Section

(12) RECORD OF CITY ORDINANCES. A true and correct copy of all ordinances shall be kept and certified to by the city clerk in book marked "City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinances and of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such record 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 of an ordinance in the usual way.

All claims and demands against the City of San Rafael and the presentation and payment thereof shall be in the manner provided by the general law of the state.

(Senate Concurrent Resolution No. 46, May 31, 1967.)

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 be 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 published, within ninety days after the end of each fiscal year, a report showing the financial transactions and financial condition of the city for the last fiscal year.

(Senate Concurrent Resolution No. 46, May 31, 1967.)

The council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period of not exceeding three years, providing that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year.

(Senate Concurrent Resolution No. 46, May 31, 1967.)

The council may, by ordinance or resolution, authorize the expenditure of money not to exceed the sum of one thousand dollars in any one fiscal year for advertising purposes or for the celebration of such public events or demonstrations as the council may deem proper.