Banning Municipal Code Ch. 2.04 City Council

The city council shall hold regular meetings at least twice a month at such times as are fixed by resolution of the city council.

(Code 1965, § 2-1.)

The regular meeting place of the city council shall be the city council chambers, located at the Banning City Hall, 99 East Ramsey Street, in the city.

(Code 1965, § 2-2.)

A. Pursuant to California Government Code section 36516(a)(2)(A), each council person shall receive a monthly salary of nine hundred fifty dollars.

B. Pursuant to California Government Code section 36516.5 the salary provided for in subsection A shall take effect as to all members of the city council only upon the commencement of the new or re-elected term of office by any member of council following the November 2024 municipal election.

C. Pursuant to California Government Code section 36516(a)(4), the City Council may increase the salary of each council person beyond the amount provided in subsection A by an ordinance or an amendment to an ordinance, provided the amount of the increase shall not exceed the greater of either of the following:

(1) An amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.

(2) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed ten percent for each calendar year.

(Code 1965, § 2-2.1; Ord. No. 1354, § 1.; Ord. No. 1606, § 3, 9-10-24)

A. Pursuant to California Government Code section 34886, all members of the city council of the City of Banning shall be elected by-districts in five single-member districts.

B. Electoral districts.

(1) Beginning with the general municipal election in November 2016, members of the city council shall be elected in the electoral districts established by section 2.04.035 and subsequently reapportioned as provided by state law. Elections shall take place "by-district" as that term is defined in California Government Code section 34871, meaning one member of the city council shall be elected from each district, by the voters of that district alone. Each member of the city council shall serve a four-year term until his or her successor is qualified.

(2) Except as provided in subdivision (3) of this section, the council member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within thirty days after the termination of residency.

(3) Notwithstanding any other provision of this section, the members of the city council in office at the time the ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each council member, that member's successor shall be elected on a by-district basis in the districts established in section 2.04.035.

C. The boundaries for the five (5) City Council districts and the identification number of each district shall be as described on the Official Council District Map for the City of Banning, attached as Exhibit "A" to Ordinance No. 1581 and incorporated herein by this reference. A copy of the Council District Map is on file in the Office of the City Clerk and is depicted in the Map below."

[Figure]

Pursuant to the Official Council District Map adopted by Ordinance No. 1581, the following electoral districts are established and described as follows:

District 1:

Beginning at the intersection of Sunset Avenue and I- 10, proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar until Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding southerly along San Gorgonio Avenue until Nicolet Street; thence proceeding westerly along Nicolet Street until Eighth Street; thence proceeding southerly along Eighth Street until I-10, thence westerly along I- 10 to Sunset Avenue which is the point of origin.

District 2:

Beginning at the intersection of Westward Avenue and Sunset Avenue; proceeding northerly along Sunset Avenue until I-10; thence proceeding easterly along I-10 until 8th Street; thence proceeding northerly along 8th Street until Nicolet Street; thence proceeding easterly along Nicolet Street until Hargrave Street; thence proceeding southerly along Hargrave Street until I-10; thence proceeding easterly along I-10 until the border of the Morongo Tribal Reservation; thence proceeding southerly along the border of the Morongo Tribal Reservation until the City border; thence proceeding clockwise along the City border until the point of origin.

District 3:

Beginning at the intersection of Wilson Street and Highland Springs Avenue; thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding southerly along Sunset Avenue until the City border; thence proceeding clockwise along the City border until the point of origin.

District 4:

Beginning at the intersection of Wilson Street and Highland Springs Avenue: thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar to Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Road; thence proceeding westerly along Gilman Road until 8th Street; thence proceeding northerly along 8 th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding counter-clockwise along the City border until point of origin.

District 5:

Beginning at the intersection of the Morongo Tribal Reservation and the southern border of the City, proceeding northerly along the border of the Morongo Tribal Reservation until I-10; thence proceeding westerly along I-10 until Hargrave Street; thence proceeding northerly along Hargrave Street until Nicolet Street; thence proceeding westerly along Nicolet Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Street; thence proceeding westerly along Wilson Street until 8 th Street; thence proceeding northerly along 8 th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding clockwise along the City border until the point of origin.

D. Council members shall be elected in council districts 1, 2 and 3 beginning at the general municipal election in November 2016, and every four years thereafter. Council members shall be elected from council districts 4 and 5 beginning at the general municipal election in November 2018, and every four years thereafter.

E. A map showing the districts described in the ordinance codified in this chapter is attached thereto as Exhibit A and incorporated by this reference. To the extent there is a conflict between the descriptions contained in the ordinance codified in this chapter and the map incorporated herein, the map shall prevail. If necessary to facilitate the implementation of this ordinance, the city clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The city clerk shall consult with the city manager and city attorney concerning any technical adjustments deemed necessary and shall advise the city council of any such adjustments required in the implementation of the districts.

(Ord. No. 1497, § 1, 6-28-16; Ord. No. 1581, §§ 3, 4, 3-22-22)

If a vacancy occurs in a city council seat, the vacancy shall be filled by the procedures set forth in California Government Code section 36512, as such Government Code may be amended by the state legislature from time to time.

(Code 1965, § 2-2.2.)

(Ord. No. 1473, § 1, 10-22-13)

A. The city council shall meet as required but not less than once each quarter, to review the operations of the public utilities. Said operations and related subjects shall be the only topics upon which a decision may be made at any meeting held pursuant to this section, except as set forth in subsection C. Meetings shall be regularly held on a date and at a time and location to be established by resolution of the city council.

B. A meeting, other than a regularly scheduled meeting, may be scheduled by the city manager, or upon the request of the mayor or two members of the city council.

C. At least once monthly, at a regular meeting of the city council, the city manager shall present on the consent agenda for review, the record of the prior month's operations of the public utilities department.

(Code 1965, § 2-2.4.)

A. It shall be a violation of this section for any sitting member of the Banning city council to violate any general law or regulation, and any, rule, law, ordinance or resolution of the city. It shall also be a violation of this section for any sitting member of the city council to violate an administrative policy of the city which has been adopted following a vote of the council on the matter and which by its terms is expressly made applicable to the city council.

B. Any violation of subsection A may be punished through the administration of a public censure of the council member by the Banning city council. Such censure may be in addition to any other punishment applicable to the violation.

1. For purposes of this section, "censure" shall mean the adoption of a motion setting forth a strong statement of disapproval of the councilmember's conduct.

2. When evaluating a request for defense or indemnification made by the censured councilmember in litigation arising from the censured conduct, the record of the censure shall be considered by the council. Such record shall not be determinative. And, failure of the city council to censure the conduct of a city councilmember does not constitute waiver of the city council's right to refuse to indemnify or defend the councilmember in an action.

C. A councilmember may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation. Upon a continued violation or failure to correct, the councilmember shall be given notice and an opportunity to be heard as follows:

1. Only a sitting member of the Banning city council may initiate proceedings for the censure of one of its members.

2. Proceedings shall be commenced by the presentation of a written statement of charges to the subject councilmember by the councilmember initiating the charge. Initiation shall not require the prior approval of the city council. The statement of charges shall be given at least two council meetings prior to that at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the councilmember is claimed to have violated and a statement of the date, place and time at which the violation occurred. The statement shall further contain a description of the conduct of the councilmember which is alleged to constitute the violation. The statement of charges shall be delivered to all other council persons and made a part of the public record at the council meeting next occurring after date of its delivery.

3. The motion for censure shall be considered at the second regularly scheduled council meeting following that at which the statement of charges is entered into the public record. The hearing may not be continued except upon the absence from the meeting of a member of the city council other than the member bringing the charge or the member who is the subject of the charge.

a. The hearing shall be conducted in an open session.

b. If the mayor is a party to the action, the mayor pro tem or some other councilmember shall conduct the proceedings.

c. The hearing shall generally proceed by a reading of the charges by the charging member. The reading shall be followed by a statement in rebuttal by the member so charged. After the reading of the charges, each member may present witnesses in support of their case. The member bringing the charge and the member charged shall be allowed to make a closing statement. The member being charged shall be allowed to speak last.

d. Vote on the motion shall be by the three nonparty members of the city council. It shall require a unanimous vote of the three members to sustain a motion for censure. The voting members shall not go into closed session for deliberation.

4. If the motion for censure does not pass, the proceedings shall be at an end. A new motion for censure on the same grounds may not thereafter be commenced against the same councilmember for a period of one calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the one-year period on the vote of four members of the city council.

5. If the motion for censure does pass, such motion shall become a part of the public record a copy of which shall be made available upon demand to any member of the public and notice of same shall be placed in the administrative file of the city councilmember.

(Code 1965, § 2-2.6.)

A. General/Annual Appointments.

1. The City of Banning has a council/manager form of municipal government. All five members of the city council are elected at large to four-year terms. The mayor serves as the nominal head of the council and the mayor pro tem serves as the locum tenens in the absence of the mayor. Additionally, the city has related agencies, including the successor agency to the former community redevelopment agency and the Banning housing authority. These related entities have various officers, including a chair person and vice chairperson.

2. The city council shall choose one of its members as mayor and one of its members as mayor pro tem every other year at the meeting at which the declaration of the municipal election results and the installation of the newly elected officers is made pursuant to sections 10262 and 10264 of the California Elections Code, following the declaration of the election results. Additionally, in the intervening years, the organizational meeting shall be held at the first meeting in December. The term of service for both mayor and mayor pro tem shall be for a period of one year from the date of appointment or until their successor is appointed. No person may become mayor or mayor pro tem unless a majority of the council votes to approve the action.

3. A councilmember may be elected to a maximum of two consecutive one-year terms in the same office.

4. The mayor shall serve as the chair of the successor agency to the former community redevelopment agency and as chair to the housing authority. The mayor pro tem shall serve as the vice chair of the successor agency to the former community redevelopment agency and as vice chair to the housing authority.

B. Removal. With a majority vote of the body, any officer holding any office governed by this section may be replaced; but in general, such changes should not be made in midterm, and if made, a replacement officer shall be appointed as stated above in subsection 2.04.070(A).

C. Office of the Mayor Pro Tem. The mayor pro tem will serve as mayor in the event of the absence of the mayor and will be appointed as the mayor when there is a vacancy in the office of mayor.

D. Manual of Procedures to Govern. All other terms and procedures associated with the seats of mayor/chair, mayor pro tem/vice chair shall be governed by that "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning" adopted on October 23, 2012 and as may be amended from time to time.

(Ord. No. 1442, § 2, 10-25-11; Ord. No. 1457, § 1, 11-13-12; Ord. No. 1458, § 1, 10-23-12; Ord. No. 1471, § 2, 10-8-13)

That certain "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning" adopted on October 23, 2012, as may be amended from time to time (the "manual"), shall govern the conduct and procedures applicable to meetings of the city council and related city bodies, boards and commissions. The manual may be amended from time to time by resolution of the city council. In the event of any conflict between the manual and a more specific ordinance existing in this Code, the terms of the Code shall govern.

(Ord. No. 1471, § 3, 10-8-13)