Article I — CITY COUNCIL 1

SECTION:

2-1: Time And Place Of Regular Meetings

2-1.1: Declaration Of Purpose

2-1.2: By-District Elections For City Council

2-1.3: City Council Districts Established

2-1.4: Implementation Of By-District Elections

2-1.5: Severability

2-2: Special Meetings; Notice

2-3: Rules Of Order

2-4: Disorderly Conduct At Meetings; Removal Of Offender

2-5: Citizens Addressing Council

2-6: Conduct Of Council Members Generally

2-6.1: Interference With Performance Of Duties Of City Manager

2-6.2: Political Activities Of Council Members, Administrative Officers, And Employees

2-7: Order Of Business Established

2-8: Suspending Order Of Business

2-8.1: Redevelopment Agency

Notes

1 1. See Charter sections 8 and 9.

2-1: TIME AND PLACE OF REGULAR MEETINGS 1 :

Pursuant to section 10 of the City Charter, regular meetings of the Porterville City Council shall be held on the first and third Tuesday of each month in the City Hall, at 291 North Main Street in the City. The regular meetings will commence at five thirty o'clock (5:30) P.M., with closed session commencing at five thirty o'clock (5:30) P.M., and open session commencing at six thirty o'clock (6:30) P.M. (Ord. 1792, 10-16-2012)

Notes

1 2. See Charter sections 9, 10 and 11.

2-1.1: DECLARATION OF PURPOSE:

The City Council of the City hereby declares the purpose of sections 2-1.2 through 2-1.5 of this article is to further the purposes of the California Voting Rights Act of 2001 1 , as amended. (Ord. 1845, 5-15-2018)

2-1.2: BY-DISTRICT ELECTIONS FOR CITY COUNCIL:

A. Members of the City Council shall be elected by-district in five (5) single-member districts. 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.

B. The City 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 reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. (Ord. 1845, 5-15-2018)

Notes

1 3. ELEC § 14025, et seq.

2-1.3: CITY COUNCIL DISTRICTS ESTABLISHED:

A. The boundaries and identifying number of each of the five (5) City Council districts shall be as described on the City Council District Map which is on file in the City as exhibit A, and incorporated by this reference.

B. The City Council districts described in subsection A of this section shall continue in effect until they are amended or repealed in accordance with law. The boundaries of the City Council districts shall be reapportioned from time to time as required by applicable law. (Ord. 1845, 5-15-2018; Ord. 1889, 3-1-2022)

2-1.4: IMPLEMENTATION OF BY-DISTRICT ELECTIONS:

A. The by-district system of elections shall be implemented, beginning at the general Municipal election held in November 2018, as follows:

1. Members of the City Council shall be elected in Districts 1 and 2 beginning at the general Municipal election in November 2018, and every four (4) years thereafter; and

   2. Members of the City Council shall be elected in Districts 3, 4, and 5 beginning at the general Municipal election November 2020, and every four (4) years thereafter.

B. No term of any member of the City Council that commenced prior to the effective date of this section shall be affected by the adoption of sections 2-1.1 through 2-1.5 of this article. (Ord. 1845, 5-15-2018)

2-1.5: SEVERABILITY:

If any section, subsection, sentence or clause of sections 2-1.1 through 2-1.5 of this article is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of sections 2-1.1 through 2-1.5 of this article. The City Council hereby declares that it would have passed the ordinance codified herein, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 1845, 5-15-2018)

2-2: SPECIAL MEETINGS; NOTICE:

Special meetings of the City Council may be called by a written notice signed by the Mayor, or three (3) members of the City Council, and mailed or personally delivered to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing, not less than twenty four (24) hours prior to the time fixed for such special meeting as specified in Government Code section 54956 et seq. (Ord. 1537 § B4, 8-6-1996)

2-3: RULES OF ORDER 1 :

The proceedings of the City Council shall be governed under "Robert's Rules of Order" on all matters pertaining to parliamentary law, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. (Ord. Code § 1272)

Notes

1 1. See Charter section 10.

2-4: DISORDERLY CONDUCT AT MEETINGS; REMOVAL OF OFFENDER 1 :

Any member or other person using profane, vulgar, loud or boisterous language at any meeting, or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or Mayor Pro Tem of the City Council, shall be guilty of a misdemeanor. It shall be the duty of the Chief of Police, upon order of the presiding officer, to eject any such member or person from the Council room. (Ord. 1537 § B5, 8-6-1996)

Notes

1 2. See Charter section 10.

2-5: CITIZENS ADDRESSING COUNCIL:

Any citizen may arise and address the City Council on any business specially concerning them or affecting their interests, but preference will be given to those who have first presented matters in the form of a written communication or who have personally notified the President of the Council of their desire to speak. (Ord. Code § 1274)

2-6: CONDUCT OF COUNCIL MEMBERS GENERALLY:

The members of the City Council shall remain seated while participating in discussions and at all times during any meeting. They shall address their remarks to the President and other members of the City Council and not to the citizens who may happen to be in attendance. (Ord. Code § 1275)

2-6.1: INTERFERENCE WITH PERFORMANCE OF DUTIES OF CITY MANAGER:

A. As set forth in section 67 of the City Charter, no member of the City Council shall in any manner attempt to influence or coerce the City Manager in the making of any appointment or the purchase of supplies in accordance with applicable State and Federal law.

B. The City Council shall deal with the administrative functions of the City through the City Manager. The City Council shall only have direct contact with the Directors of the City's departments for the purpose of asking questions. No City Council member shall give an order or orders to any subordinate of the City under the jurisdiction of the City Manager or other such officers, either publicly or privately.

C. Violations of this section shall be subject to the penalty and enforcement provisions set forth in this Code, including, but not limited to, section 1-9 of this Code. (Ord. 1795, 3-5-2013)

2-6.2: POLITICAL ACTIVITIES OF COUNCIL MEMBERS, ADMINISTRATIVE OFFICERS, AND EMPLOYEES:

A. As set forth (and unless otherwise specified) in section 67.1 of the City Charter, political activities of, and campaign contributions by, the City's legislative officers, administrative officers, and employees shall be governed in accordance with applicable State and Federal law.

B. All City legislative officers, administrative officers, and employees are prohibited from engaging in political activities during working hours.

C. All City officers and employees are prohibited from engaging in political activities at their workplace. Furthermore, all City officers and employees are prohibited from engaging in political activities on City property, provided this prohibition does not pertain to property that is otherwise open to the public for the purpose of engaging in political activities.

D. Violations of this section shall be subject to the penalty and enforcement provisions set forth in this Code, including, but not limited to, section 1-9 of this Code, in addition to any applicable State and Federal laws restricting said activities. (Ord. 1795, 3-5-2013)

2-7: ORDER OF BUSINESS ESTABLISHED:

The order of business to be followed in conducting the regular meetings of the City Council shall be established by resolution. (Ord. Code § 1276; Ord. 850 § A, 1-4-1966; Ord. 1119 §§ A, B, 9-20-1977)

2-8: SUSPENDING ORDER OF BUSINESS:

The regular order of business may be suspended by a majority vote for the accommodation of nonresidents who may have business before the City Council, or for any other purpose. (Ord. Code § 1276.1)

2-8.1: REDEVELOPMENT AGENCY:

A. It is hereby found, determined and declared that there is a need for a redevelopment agency to function in the City in accordance with the provisions of the Community Redevelopment Law.

B. Said Redevelopment Agency is hereby established pursuant to section 33101 of the Community Redevelopment Law, to be known as the Porterville Redevelopment Agency. Said Redevelopment Agency is hereby authorized to transact business and exercise its power under provisions of the Community Redevelopment Law.

C. Pursuant to the provisions of section 33200 of the Community Redevelopment Law, this City Council hereby declares itself to be the Redevelopment Agency of the City.

D. The City Council hereby finds and determines that the designation of the City Council as the Redevelopment Agency will serve the public interest and promote the public health, safety and welfare in an effective manner in that this public body is best able to serve the needs of the community to implement the purposes of the Community Redevelopment Law. (Ord. 1227 §§ 1 - 4, 2-17-1981)