Chapter 2.04 CITY COUNCIL*

The city council shall hold regular meetings on the first and third Tuesdays in each month at the hour of seven p.m. in the council chambers of the city hall, Sixth and C Streets, in the city. If, by reason of fire, flood, or other reason, it shall be unsafe to meet in the city hall, the meetings may be held for the duration of the emergency at such other place as is designated by the mayor or, if he should fail to act, by two members of the city council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day. (Ord. 1103 § 1, 1991: Ord. 885 § 1, 1978: Ord. 798 1, 1971: prior code § 2.1).

* For state law as to council meetings, see Gov. C.A. §§ 54950 — 54958.

2.04.020 Special meetings.

Special meetings may be called at any time by the mayor, or by two members of the city council, by delivering personally or by mail written notice to each councilman and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any councilman who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any councilman who is actually present at the meeting at the time it convenes. (Ord. 798 § 2, 1971).

2.04.030 Meetings to be public—Exception for executive sessions.

All regular and special meetings of the city council shall be public; provided, however, the city council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in Section 54957 of the Government Code of the state of California.

No member of the city council, employee of the city, or any other person present during an executive session of the council shall disclose to any person the content or substance of any discussion which took place during the executive session unless the city council shall authorize the disclosure of such information by majority vote. (Ord. 798 § 3, 1971).

2.04.040 Quorum.

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. Legislative action shall be taken by the council only by means of an ordinance, a motion duly made, seconded and carried by a majority of the council, or by resolution. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the council.

When there is no quorum, the mayor, or vice mayor, or any councilman shall adjourn such meeting, or if no councilman is present, the city clerk shall adjourn the meeting. (Ord. 798 § 4, 1971).

2.04.050 Agenda.

All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council at a regular meeting shall be delivered to the city clerk no later than twelve noon on the Tuesday preceding the meeting. The city clerk shall, in consultation with the Mayor, prepare the agenda of all such matters. The agenda shall be made available to the councilmembers on the Friday preceding the council meeting to which it pertains and shall be made available to the public in accordance with state law. No matters other than those on the agenda shall be finally acted upon by the council; provided, however, that matters deemed to be emergencies or of an urgent nature by any councilmember, the city clerk or the city attorney, may in accordance with state law be considered and acted upon by the council. (Ord. 1209, 1995; Ord. 1185, 1994).

2.04.060 Council correspondence.

(a) Availability to the Public. Correspondence addressed to the city council which is received by the city clerk or any other officer or employee of the city shall not become a public record until received and filed by the council at a regular, special or adjourned meeting of the council. Correspondence received in the city clerk’s office or other offices after twelve noon on the Thursday preceding a regular council meeting shall not be placed on the agenda unless it concerns a matter to be considered by the council at the next regular meeting or is determined by the mayor or the city clerk to be an urgent matter which should be brought to the immediate attention of the council. Correspondence shall be read aloud at a council meeting unless requested by a majority vote or the council.

(b) Authority of City Clerk. The city clerk or designee is authorized to open and examine the mail or other written communications addressed to a city councilmember or the mayor, upon written authorization of the councilmember or mayor, and to immediately attend to all administrative matters referred to in the communication which do not require council action. The city clerk or designee shall not open any mail or written communication which is marked "Personal," "Confidential," or in such manner to indicate that it is a privileged communication. (Ord. 1229, 1998; Ord. 1153 § 1, 1993; Ord. 798 § 6, 1971).

2.04.070 Preparation of minutes.

The city clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the city council. (Ord. 798 § 7, 1971).

2.04.080 Reading of minutes.

Unless the reading of the minutes of a council meeting is ordered by a majority vote of the council, such minutes may be approved without reading if the city clerk has previously furnished each councilman with a copy. (Ord. 798 § 8, 1971).

2.04.090 Presiding officer.

The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore shall preside. In the absence of both the mayor and mayor pro tempore, the city clerk shall call the council to order, whereupon an acting mayor shall be elected by the councilmen present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. Wherever in this chapter the term mayor is used, it shall apply equally to the acting mayor as defined in this section. (Ord. 798 § 9, 1971).

2.04.100 Roll call.

Before proceeding with the business of the council, the city clerk shall call the roll of the councilmen and the names of those present and absent shall be entered in the minutes. (Ord. 798 § 10, 1971).

2.04.110 Powers and duties of presiding officer.

(a) Participation. The presiding officer may move, second, debate and vote from the chair.

(b) Signing of Documents. The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate presiding officer may be used.

(c) Sworn Testimony. The presiding officer may require any person addressing the city council to be sworn as a witness and to testify under oath, and the presiding officer shall so require if directed to do so by a majority vote of the council. (Ord. 798 § 11, 1971).

2.04.120 Rules of debate.

(a) Getting the Floor. Every councilman desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate, avoiding personalities and indecorous language.

(b) Questions to Staff. Every councilman desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the member who shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose.

(c) Interruptions. A councilman, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order is raised by another councilman, or unless the speaker chooses to yield to a question by another councilman. If a councilman, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. Members of the city staff after recognition by the presiding officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer.

(d) Privilege of Closing Debate. The councilman moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

(e) Remarks of Councilman and Synopsis of Debate. A councilman may request through the presiding officer the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes.

(f) Protest Against Council Action. Any councilman shall have the right to have the reasons for his dissent from, or his protest against, any action of the council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons. . ." (Ord. 798 § 12, 1971).

2.04.130 Rules of order.

Except as provided in this chapter, the city charter, other rules adopted by the city council, or applicable provisions of state law, the procedures of the council shall be governed by the latest revised edition of Robert’s Rules of Order. (Ord. 798 § 13, 1971).

2.04.140 Failure to observe rules of order.

Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law. (Ord. 798 § 14, 1971).

2.04.150 Addressing the council.

(a) Manner of Addressing Council. Each person desiring to address the council shall step up to the microphone in front of the rail, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the council, shall limit his remarks to five minutes. All remarks shall be addressed to the council as a whole and not to any member thereof. No question shall be asked a councilman or a member of the city staff without the permission of the presiding officer.

(b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the council and, in case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the council.

(c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the city council. (Ord. 798 § 15, 1971).

2.04.160 Rules of decorum.

(a) Councilmen. While the council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the presiding officer. Members of the council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer.

(b) Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.

(c) Persons Addressing the Council. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the council shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer be ordered barred from further audience before the council during that meeting.

(d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as continuous hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer is guilty of a misdemeanor, and upon instructions from the presiding officer, with approval of a majority of the council, it shall be the duty of the sergeant at arms to remove any such person from the council chamber and/or to place him under arrest.

(e) Persons Authorized to be Within Rail. No person except members of the council, news media, and the city staff shall be permitted within the rail without the consent of the presiding officer. (Ord. 798 § 16, 1971).

2.04.170 Enforcement of decorum.

The chief of police, or such member or members of the police department as he may designate, shall be sergeant at arms of the city council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Any councilman may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the council shall require him to do so. (Ord. 798 § 17, 1971).

2.04.180 Voting procedure.

Any vote of the council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote or "No" for a negative vote upon his name being called by the city clerk. (Ord. 798 § 18, 1971).

2.04.190 Disqualification for conflict of interest.

Any councilman who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the presiding officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the councilman affected, be decided by the other councilmen. (Ord. 798 § 19, 1971).

2.04.200 Failure to vote.

Every councilman should vote unless disqualified by reason of a conflict of interest. (Ord. 798 § 20, 1971).

2.04.210 Tie vote.

Tie votes shall be lost motions but may be reconsidered at a later or subsequent meeting. (Ord. 798 § 21, 1971).

2.04.220 Changing vote.

A member may change his vote only if he makes a timely request to do so immediately following roll call by the city clerk and prior to the time that the next item in the order of business is taken up. (Ord. 798 § 22, 1971).

2.04.230 Reconsideration.

A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the councilmen who voted with the prevailing side. Nothing herein shall be construed to prevent any councilman from making or remaking the same or any other motion at a subsequent meeting of the council. (Ord. 798 § 23, 1971).

2.04.240 Ordinances, resolutions and contracts.

(a) All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, or requested by the mayor, or city clerk, or prepared by the city attorney on his own initiative.

(b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney and shall have been examined and approved for administration by the city clerk or his authorized representative. (Ord. 798 § 24, 1971).

2.04.250 Adoption of ordinances and resolutions.

With the sole exception of ordinances which take effect upon adoption, no ordinance shall be adopted by the council on the day of its introduction nor within five days thereafter nor at any time than at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution it shall be read in full unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the councilmen present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date on which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of any alteration within the meaning of the foregoing sentence. (Ord. 798 § 25, 1971).

2.04.255 Adoption of policies, rules and regulations.

(a) The city council may, whenever it is deemed necessary for the efficient operation and administration of city business, adopt by resolution administrative policies, rules and regulations. Such administrative policies, rules or regulations shall be adopted by a majority vote of the members of the city council. To the greatest extent practicable, prior to the adoption of any such administrative policy, rule or regulation which will affect the operations of a city department or the duties of a department head, the affected department head will be given the opportunity to discuss the policy with the city council or a committee of the city council; provided, that failure to conduct any such discussion shall not affect the validity of such policy, rule or regulation. Any policy, rule or regulation, the adoption of which requires that council representatives meet and confer with affected employees or their representatives, shall not be effective until the meet and confer process has been completed.

(b) City council policies, rules and regulations, as from time to time amended, will be dated and numbered and will be distributed to city councilmembers and to all departments of the city. The city manager shall keep a master file of such policies, rules and regulations.

(c) City council policies, rules and regulations adopted hereunder are intended to instruct, guide and direct city officials and employees. Such officials and employees will be required to adhere to any such policy, rule or regulation unless, under the circumstances, adherence to such policy, rule or regulation would adversely affect public health or safety.

(d) In the event that any such policy, rule or regulation is in conflict with an existing city ordinance or with any state or federal law or regulation, such policy, rule or regulation shall be invalid. (Ord. 1309 § 8 (part), 2007; Ord. 897 § 1, 1979).

2.04.265 Cemetery district board.

The city council is the board of directors of the Marysville Cemetery District, and shall have all powers and duties ascribed by state statutes or regulations to cemetery districts. (Ord. 1147 § 2, 1992).