Yreka Municipal Code Ch. 1.24 City Council Procedure

The city council shall hold regular meetings on the first and third Tuesdays in each month at the hour of six-thirty p.m. in the council chamber of the city hall, 701 Fourth Street, or the Yreka Community Center, 810 N. Oregon Street, or Yreka Community Theater, 812 N. Oregon Street, in the city, the selection of which alternate site the meeting will be held at shall be as specified in the agenda, or in such other place within the city limits to which said meeting may be adjourned. If by reason of fire, flood, or other emergency, it is 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/she should fail to act, by three 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 Tuesday or as the council may direct by adoption of a resolution.

(Ord. 777 § 1(part), 2004: Ord. 458 (part), 1971: Ord. 442 § 2(part), 1970).

(Ord. No. 807, § 1, 12-4-2008; Ord. No. 844, § 1, 7-21-2016; Ord. No. 858, § 1, 11-5-2020)

Special meetings may be called at any time by the mayor, or by four 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 dis-pensed with as to any councilman who is actually present at the meeting at the time it convenes.

(Ord. 442 § 2(part), 1970).

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 said executive session unless the city council authorizes the disclosure of such information by majority vote.

(Ord. 442 § 2(part), 1970).

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 not later than five p.m. on the tenth day preceding the meeting. The city manager shall prepare the agenda of all such matters. The city manager, the city attorney, and the city clerk may all place items on the agenda. Any council member may place an item on an upcoming council agenda by: (a) verbally requesting the agenda item during a council meeting, which does not require a vote by council for acceptance at that time, or (b) written request to the city manager made no later than ten days before the scheduled council meeting. Any background information or preparation for an item placed on an agenda by a council member is the sole responsibility of that council member until such time as the full council has considered the item and directed city staff to take action. The city manager and the city clerk have discretion to limit reports and presentations made during council meetings and may propose a policy to council on how best to handle these types of agenda items. The agenda shall be delivered to the council members on the Friday preceding the Thursday council meeting to which it pertains and shall be made available to the public when same is delivered to the council members.

(Ord. 777 § 1(part), 2004: Ord. 724, 1996: Ord. 707 § 1, 1995: Ord. 442 § 2(part), 1970).

Authority of City Manager. The city manager is authorized to open and examine all mail or other written communications addressed to the city council to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring council action may be acted upon between council meetings.

(Ord. 777 § 1(part), 2004; Ord. 442 § 2(part), 1970).

The business of the council shall be taken up for consideration and disposition in the order set forth on the agenda prepared by the city manager pursuant to Section 1.24.050, and shall be posted to law, and shall include, in no particular order of priority the following matters:

(1) Pledge of Allegiance;

(2) Call to order;

(3) Closed session;

(4) Public comment which shall not exceed five minutes in length for each speaker;

(5) Special presentations—Recognition or awards by the city council;

(6) Approval of the minutes;

(7) Public hearings;

(8) Ordinances for introduction;

(9) Ordinances for adoption;

(10) Resolutions for adoption;

(11) Current business;

(12) Additional business;

(13) Communications—Referrals;

(14) Claims for damages;

(15) Budget amendments;

(16) Communications—Advisory;

(17) City manager report and staff reports;

(18) Council statements and requests;

(19) Adjournment.

The order of business set forth on the posted agenda shall not be changed except by majority vote of the city council.

(Ord. 777 § 1(part), 2004: Ord. 442 § 2(part), 1970).

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. 442 § 2(part), 1970).

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. 442 § 2(part), 1970).

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 a temporary presiding officer 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 presiding officer as defined in this section.

(Ord. 442 § 2(part), 1970).

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

(b) Seating Arrangement for City Council. The mayor shall, following each councilmanic election and at such other time as he may deem it necessary, establish the seating arrangement of the members of the council. The mayor pro tempore shall always be seated immediately next to the mayor.

(c) Question to be Stated. The presiding officer or such member of the city staff as he may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the city clerk shall announce whether the question carried or was defeated. The presiding officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the city staff to do so, before proceeding to the next item of business.

(d) Signing of Documents. The presiding officer shall sign all ordinances. In the event the presiding officer is unavailable, such ordinances may be signed by the alternate presiding officer. Unless otherwise directed by the city council, any and all other resolutions, contracts, agreements or other documents, approved by the city council for execution, may be signed on behalf of the city by the city manager.

(e) 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. 723, 1996; Ord. 442 § 2 (part), 1970).

(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 city manager, or the city attorney, 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 or personal privilege 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) Points of Order. The presiding officer shall determine all points of order subject to the right of any councilman to appeal to the council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?" A majority vote shall conclusively determine such question of order.

(e) Point of Personal Privilege. The right of a councilman to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the council is concerned. A councilman raising a point of personal privilege may interrupt another councilman who has the floor only if the presiding officer recognizes the privilege.

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

(g) Limitation of Debate. No councilman shall be allowed to speak more than once upon any particular subject until every other councilman desiring to do so shall have spoken.

(Ord. 442 § 2 (part), 1970).

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.

(Ord. 442 § 2 (part), 1970).

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. 442 § 2 (part), 1970).

Except as provided in this code, or 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 Rosenberg's Rules of Order.

(Ord. 442 § 2 (part), 1970).

(Ord. No. 840, § 1, 6-18-2015)

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. 442 § 2 (part), 1970).

(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 said 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. 442 § 2 (part), 1970).

(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 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 it shall be the duty of the sergeant-at—arms to remove any such person from the council chamber and to place him under arrest.

(e) Persons Authorized to be Within Rail. No person except members of the council and the city staff shall be permitted within the rail without the consent of the presiding officer.

(Ord. 442 § 2 (part), 1970).

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. 442 § 2 (part), 1970).

A motion by any member of the council, including the presiding officer, may be considered by the council without receiving a second.

(Ord. 442 § 2 (part), 1970).

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, or by pressing a switch to cause a green light to show for an affirmative vote or a red light to show for a negative vote upon a vote being called for by the presiding officer. The result of any vote registered by means of a lighting system shall be audibly announced by the city clerk and recorded in the minutes as the vote.

(Ord. 442 § 2 (part), 1970).

Any councilmember 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 prior to discussion or voting on such matter. As to any such matter upon which a councilmember is disqualified, the councilmember shall step down from the council table and shall not thereafter participate in the discussion or vote on such matter. Nothing herein shall prevent the councilmember from making or participating in the making of a governmental decision to the extent his participation is legally required for the action or decision to be made.

(Ord. 593, 1984: Ord. 442 § 2(part), 1970).

Every councilman should vote unless disqualified by reason of a conflict of interest. A councilman who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

(Ord. 442 § 2 (part), 1970).

Tie votes shall be lost motions and may be reconsidered.

(Ord. 442 § 2 (part), 1970).

A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the city clerk and prior to the time that the next time in the order of business is taken up. A councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention.

(Ord. 442 § 2 (part), 1970).

A motion to reconsider any action taken by the council may be only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjoined 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. 442 § 2 (part), 1970).

(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 manager, 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 manager or his authorized representative.

(Ord. 442 § 2 (part), 1970).

At the time of adoption of an ordinance or a 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. Such consent may be expressed by a statement by the presiding officer that "if there is no objection, the further reading of the ordinance or resolution shall be waived." If any councilman so requests, the ordinance or resolution shall be read in full.

(Ord. 442 § 2 (part), 1970).