Sanger Municipal Code § 2-29 City council election by district

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State Law reference— Legislative body, Government Code § 36801 et seq.

Regular meetings of the city council shall be held in the council chamber of City Hall at 1700 Seventh Street, Sanger, California, on the first and third Thursdays of each month at the hour of 6:00 p.m. A regular meeting will not be held in the event a regular meeting falls on a holiday. In such event or in the event a quorum of the council will not be present at a regular meeting, the council may set another date for that meeting or cancel the meeting.

(Code 1960, § 2.1; Ord. No. 896, § 6(7), 10-7-93; Ord. No. 930, § 1, 4-6-95; Ord. No. 2023-09, § 1, 11-16-23)

The smoking of any cigar, cigarette, or pipe, or the smoking of tobacco in any manner or form whatsoever by any person while such person is in the council chamber is prohibited.

(Code 1960, § 2.1-1)

Cross reference— Smoking prohibited in city buildings and vehicles, § 38-21.

(a) Subject to subsection (h) of this section, each member of the city council shall be eligible to be paid a salary of $300.00 per month for their services, which salary shall be payable at the time and in the same manner as salaries are paid to other officers and employees of the city. No member of the city council shall receive any additional salary or benefits by reason of his or her service on the governing boards of the city redevelopment agency, housing authority, or any other local agency for which the members of the city council serve as the governing body.

(b) Each city council member at any time may decline to receive part or all of his or her monthly salary, for such duration and under such terms as the city council member reasonably may elect.

(c) The salaries prescribed in subsection (a) of this section are in addition to any amounts payable to members of the city council as reimbursement for actual and necessary expenses incurred in the performance of their official duties for the city, and are also in addition to benefits provided to city council members, including, but not limited to, a monthly car allowance of $400.00, optional participation in a city-sponsored deferred compensation plan, optional health and welfare insurance or plan coverage, federal social security payments, and such other benefits as the city may pay on their behalf, so long as said benefits are also available for other city officers and employees, but not including participation in the California Public Employees Retirement System based on their service as members of the city council.

(d) Pursuant to California Government Code § 53208.5(b), the health and welfare benefits of any member of the city council shall be no greater than those received by non-safety employees of the city. If the city has different benefit structures for such benefits, then the benefits of members of the city council shall not be greater than the most generous schedule of benefits being received by any category of non-safety employees of the city.

(e) Pursuant to California Government Code § 53208.5(c), notwithstanding any other provision of law, members of the city council shall not be eligible to accrue, from two or more public agencies for concurrent service, multiple health and welfare benefits greater than the most generous schedule of benefits being received by any category of the city's non-safety employees, except in the case of a city council member who serves as a regular full-time employee in a separate public agency.

(f) The provisions of this section are enacted pursuant to the provisions of (1) California Government Code § 36516, authorizing the city council to provide by ordinance that each member of the city council shall receive a prescribed salary, the amount of which shall be based upon the population of the city as determined by the last preceding Federal census or a subsequent census, or an estimate validated by the Department of Finance of the State of California; and (2) §§ 53200 through 53210 of the California Government Code, authorizing city council members to receive health and welfare benefits in the same manner as provided to other officials and employees of the city.

(g) Members of the city council are expected to attend all meetings of the city council. If a council member is absent from one-half or more of a council meeting, as measured by the time duration of that meeting, then the council member will be considered to have been absent from that entire meeting.

(h) Any city council member who does not attend all regular city council meetings held in any month shall receive, as salary for his or her services for that month, an amount not greater than the maximum amount allowed under subsection (a) of this section, divided by the number of city council regular meetings held during that month, and multiplied by the number of those city council meetings the member actually attended. For example, if the maximum amount of compensation allowed per month is $300.00, the city council holds two regular meetings in that month, and a member attends one of the two meetings, then the member is entitled to $300.00 ÷ 2 = $150.00 × 1 = $150.00 for that month.

(i) Additionally, if a member of the city council has unexcused absences from three consecutive regular meetings of the city council, or half or more of all city council regular meetings held in any given calendar quarter of the calendar year, then the city council may declare the absent member's seat abandoned and vacant. Within 30 days of such a declaration, the city council shall fill the vacancy by appointment, or by calling a special election for that purpose, all in accordance with provisions of the Government Code.

Following said third consecutive absence, for purposes of this subsection , an absence will be considered to be unexcused unless the city council finds, by motion duly adopted at the same or the following meeting, and included in its minutes, that at the time of the absence the council member was performing services outside the meeting for the city, he or she was ill or on sequestered jury duty, or the absence was due to a hardship deemed acceptable by the city council.

(j) Subsections (h) and (i) of this section shall apply to all members of the city council whose terms of office begin on or after the effective date of the ordinance adopting those subsections.

(Code 1960, § 2.5-1; Ord. No. 1129, § 2, 11-17-11)

(a) Ordinance No. 1113 is enacted pursuant to Government Code § 34870 et seq. and Elections Code § 4000 et seq., and shall be subject to approval by the voters of the city at the regular general election scheduled for November 2, 2010. If Ordinance No. 1113 is not approved by the voters at such election, it shall be deemed void. [3]

(b) For the purposes of electing city councilmembers, the city shall be divided into four councilmember districts. The members of the city council shall reside in the respective councilmember districts "by" which they are to be elected. The electors within each district may vote only for the councilmember from that district. The term for councilmember positions shall be for a period of four years.

(c) The position of mayor shall be directly elected at large by a vote of all electors residing within the four councilmember districts. The term of the mayor's position shall be for a period of two years.

(d) The boundaries of the four councilmember districts are described as follows:

District Election Boundaries

District 1: The region bounded and described as follows: Beginning at the point of intersection of Greenwood Ave and 9th St, and proceeding northerly along Greenwood Ave to 4th St, and proceeding easterly along 4th St to West Ave, and proceeding northerly along West Ave to 3rd Street, and proceeding westerly along 3rd Street to Greenwood Ave, and proceeding northerly along Greenwood Ave to the City border, and proceeding clockwise along the City border to Rainbow Ave, and proceeding westerly along Rainbow Ave and 8th St to K St, and proceeding southerly along K St to 9th St, and proceeding westerly along 9th St to the point of beginning.

District 2: The region bounded and described as follows: Beginning at the point of intersection of Rainbow Ave and the City's eastern border, proceeding westerly along Rainbow Ave and 8th St to K St, and proceeding southerly along K St to 9th St, and proceeding westerly along 9th St to O St, and proceeding southerly along O St to 14th St, and proceeding westerly along 14th St to Park Ave, and proceeding southerly along Park Ave to Cherry Ave, and proceeding westerly along Cherry Ave to De Witt Ave, and proceeding southerly along De Witt Ave to North Ave, and proceeding easterly along North Ave to Swan Ave, and proceeding southerly along Swan Ave to the City border, and proceeding counter- clockwise along the City border to the point of beginning.

District 3: The region bounded and described as follows: Beginning at the point of intersection of Jensen Ave and Greenwood Avenue, and proceeding northerly along Greenwood Ave to 4th St, and proceeding easterly along 4th St to West Ave, and proceeding northerly along West Ave to 3rd Street, and proceeding westerly along 3rd Street to Greenwood Ave, and proceeding northerly along Greenwood Ave to Oak Ave, and proceeding westerly along Oak Ave to Fairbanks Ave, and proceeding northerly along Fairbanks Ave to the City northern border, and proceeding counter-clockwise along the City border to the Jensen Ave, and proceeding easterly along Jensen Ave to the point of beginning.

District 4: The region bounded and described as follows: Beginning at the point of intersection of Greenwood Ave and Jensen Ave, and proceeding southerly along Greenwood Ave to 9th St, and proceeding easterly along 9th St to O St, and proceeding southerly along O St to 14th St, and proceeding westerly along 14th St to Park Ave, and proceeding southerly along Park Ave to Cherry Ave, and proceeding westerly along Cherry Ave to De Witt Ave, and proceeding southerly along De Witt Ave to E North Ave, and proceeding easterly along North Ave to Swan Ave, and proceeding southerly along Swan Ave to the City border, and proceeding clockwise along the City border to Jensen Ave, and proceeding easterly along Jensen Ave to the point of beginning.

The foregoing district boundaries are depicted on a revised "City Council District Boundaries Map" in Exhibit "A" to this Ordinance No. 2024-04 which is on file in the City Clerk's Office and hereby adopted and incorporated by this reference. These boundaries will remain in effect until amended by ordinance as required by law.

(Ord. No. 1113, §§ 1—6, 8-5-10; Ord. No. 1134, §§ 2, 3, 6-21-12; Ord. No. 1135, § 2, 7-19-12; Ord. No. 2022-03, § 3, 6-16-22; Ord. No. 2024-01, § 2, 4-4-24; Ord. No. 2024-04, § 2, 6-6-24)

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Editor's note— Ord. No. 1113 was approved at referendum as herein set out.

(a) Meetings of the city council must be conducted in an orderly manner to ensure that the public has an opportunity to be heard and that the council's deliberative process is not disrupted.

(b) The presiding officer at council meetings shall be the mayor, mayor pro tem or, in their absence, another member so designated by the council. The presiding officer is responsible for maintaining the order and decorum of meetings. rules of decorum and order are intended to preserve the rights of persons addressing the council and members of the audience at the meeting. This will allow the city council to continue its work on behalf of the public.

(c) While any meeting of the city council is in session, the rules of decorum must be observed as follows:

(1) A person, other than members of the council and the person having the floor shall not be permitted to enter into the discussion or make comments unless requested by the presiding officer to speak.

(2) All remarks shall be directed to the council as a body, and not to any particular council member or member of staff.

(3) Members of the council shall wait until a person completes his/her/their public comments before asking questions or commenting. The presiding officer shall then ask council members if they have comments or questions.

(4) While the city council is in session, all persons addressing the council and all persons in attendance must preserve order and decorum and not engage in disrupting behavior.

(5) The council chamber is small. Signs, placards, banners, or other similar items shall not be permitted in the audience if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.

(6) A person who attends a city council meeting or who addresses the council under public comment for a specific agenda item or under the general public comment section of the agenda may not engage in speech or conduct which:

a. Disturbs the peace of the meeting by loud and unreasonable noise,

b. Is irrelevant or repetitive,

c. Which goes beyond the time allowed for public comment,

d. Which disrupts, disturbs, impedes or renders infeasible the orderly conduct of any City Council meeting, or

e. Is likely to provoke others to violent or riotous behavior.

(d) Disrupting behavior. The presiding officer is authorized to remove, or cause the removal of, an individual for disrupting a council meeting. The term "disrupting" as used in this section means: (i) a failure to comply with reasonable and lawful regulations adopted by the council including the rules in this section 2-30, and/or (ii) engaging in behavior that constitutes the use of force or a true threat of force.

(e) Enforcement. The presiding officer shall be responsible for maintaining the decorum of the public meeting in a fair manner and for enforcing the rules of decorum.

(1) Enforcement warning required. In the event a person breaks the rules of decorum in a manner that disrupts the meeting, the presiding officer shall warn a person who is breaching the rules of decorum to cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the presiding officer may order the person to leave the city council meeting. if such person does not leave, the presiding officer may request the police chief or police chief's designee to remove the person from the council meeting. In the event there is no one from law enforcement present, the presiding officer may direct the city manager to contact law enforcement.

(2) No warning for use of force or true threat of force. The presiding officer is not required to give a warning to a person who is breaching the rules of order and decorum when the individual engages in behavior that constitutes use of force or a true threat of force. The presiding officer may order the person to leave the city council meeting. if the person does not leave, the presiding officer may request the police chief or police chief's designee to remove the person from the council meeting. In the event there is no one from law enforcement present, the presiding officer may direct the city manager or other staff person to contact law enforcement. The term "true threat of force" means a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.

(3) Penalties. Pursuant to section 1-23 of this Code, a violation of this section 2-30 is a misdemeanor. Depending on the nature of the disruptive conduct, a person engaging in disruptive conduct may be subject to an infraction or misdemeanor for violation of this code and/or subject to prosecution under the California Penal Code.

(f) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer, or by a majority of the council, and any remaining council business may be considered at the next meeting.

(Ord. No. 2023-09, § 2, 11-16-23)