SPECIAL CITY COUNCIL MEETING
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
MONDAY, JULY 25, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – Special City Council Meeting of Monday, July 25, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/86965832545?pwd=RXdJZDZmbURDMDAxalc2VWpGZ2JaZz09 Or via Telephone: 1-669-900-6833 Webinar ID: 869 6583 2545 Passcode: 020828 Call to Order
Roll Call
Pledge of Allegiance Led by Council Member Stowe
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
SCHEDULED MATTERS
1. Receipt of Letter of Resignation from Council Member A. Monte Reyes and Consideration of Options to Fill Vacancy for District 4 Re: Resignation from the City Council submitted by Council Member Reyes dated July 19, 2022, and consideration of the process to fill the vacant City Council seat representing District 4.
2. Authorization of Street Closure - State Route 65 Memorial Highway Dedication Event Re: Authorization for the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on July 29, 2022 for the State Route 65 Memorial Highway dedication event.
ADJOURNMENT - to the meeting of August 2, 2022 at 5:30 p.m.
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda
and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
Item No. 1.
CITY COUNCIL AGENDA – JULY 25, 2022
SUBJECT: Receipt of Letter of Resignation from Council Member A. Monte Reyes and Consideration of Options to Fill Vacancy for District 4 SOURCE: City Manager's Office
COMMENT:
On July 19, 2022, City Council Member A. Monte Reyes submitted a letter of resignation from the City Council dated July 19, 2022, a copy of which is attached hereto. For Council's consideration concerning available options for filling Council Member Reyes' seat, staff herein provides information on relevant provisions in the City’s Charter and Municipal Code, as well as a summary of historical appointment processes undertaken by previous Councils.
The City Charter sets forth provisions for filling vacancies on the City Council.
Section 16 provides that vacancies shall be filled by appointment by the Council, and that the appointee shall hold office until the next general municipal election. This provision must be read in conjunction with the election notice deadlines set forth in State elections law. Since notice of Council Member Reyes' resignation was received and effective after the appropriate November 2022 election deadline, the appointee will hold office until the following general election to take place on November 5, 2024, which also coincides with the remainder of the District 4 seat term. The City Charter additionally provides that in the event the City Council does not fill the vacancy within thirty (30) days, the vacancy shall be filled by the Mayor. Given the City received Council Member Reyes' resignation on July 19, 2022, the Council will have until August 19, 2022 by which to fill the vacancy, or the Mayor shall have the authority to do so.
In the past, processes to fill Council vacancies have been as streamlined as accepting Council nominations and appointing an individual upon a majority vote. Other methods have included soliciting requests for appointment for a defined time period; appointing an ad hoc committee comprised of two Members of Council to create a short list of potential appointees; and conducting a public interview process at a special Council meeting after which a majority vote of the Council selects the appointee. The Council could choose to proceed with one of these options, devise a new option, or select any hybrid thereof. Regardless of which method of appointment is selected by the Council, the appointee must reside within District 4 in order to be eligible for appointment.
Item No. 1.
RECOMMENDATION: That the City Council provide direction on the process to fill the Council seat to be vacated by Council Member A. Monte Reyes, for a term to expire in November 2024.
ATTACHMENTS: 1. Letter of Resignation
2. City Charter
3. Municipal Code Sections 2-1.2 - 2-1.4
4. City Council District Map
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
PORTERVILLE, CALIFORNIA
CITY CHARTER
Sec. 1. Name Of City; Perpetual Succession.
The municipal corporation now existing and known as the "City Of Porterville" shall remain and continue a body politic and corporate, as at present, in fact and in law, by the name of the "City Of Porterville," and by such name shall have perpetual succession.
Sec. 1.1. City Motto.
"In God We Trust" shall be designated as the official motto of the city of Porterville. (6-24-2008) Sec. 2. Boundaries.
The boundaries of the city of Porterville shall continue as now established until changed in some manner authorized by law.
Sec. 3. Rights And Liabilities Of Cities; Prior Contracts, Liabilities, Etc., Continued In Effect.
The city of Porterville shall remain vested with and continue to have, hold, and enjoy, all property, rights of property, and rights of action of every nature and description, now pertaining to said municipality, and is hereby declared to be the successor of the same. No right, liability, pending suit or prosecution on behalf of, or against, the city shall be affected by the adoption of this charter. All contracts entered into by the city prior to the taking effect of this charter shall continue in full force and effect.
Sec. 4. General Powers Of City; Official Seal.
The city of Porterville, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and which it would be competent for this charter to set forth particularly or specifically; and the specifications herein of any particular powers shall not be held to be exclusive or any limitation upon this general grant of power. General powers of the city include, but are not limited to, the powers necessary or appropriate to promote the health, welfare and education of its inhabitants. The city shall have and use a common seal and the official seal hereinbefore adopted and now in use by said city shall continue to be the official seal of said city. (3-4-2003)
Sec. 4.1. Intergovernmental Powers.
The city may exercise and perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by agreement or otherwise, with any one or more states or any agency of California, or any governmental jurisdiction or nonprofit corporation thereof, or the United States or any of its agencies or instrumentalities. (3-4-2003)
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https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 Sec. 4.2. Liberal Interpretation.
The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way any of the powers granted by this charter. (3-4-2003)
Sec. 5. When Elections To Be Held; Special Elections; Procedure For Elections For Local Improvements Or Levies Of Assessment Or Bonded Indebtedness.
General municipal elections shall be held in said city at the same time as the general election for federal offices in the state of California under and pursuant to the general laws of the state of California governing elections in charter cities, so far as the same may be applicable, and except as herein otherwise provided. All other municipal elections that may be held by authority of this charter or of general law shall be known as special municipal elections, and shall be held, substantially as in this charter provided for general municipal elections; providing, however, that special elections to authorize any municipal or local public improvement, or the levy of assessment therefor, or to create a municipal bonded indebtedness, shall be held in conformity with any general law of the state relative thereto under which any such proceeding is instituted by the council, in case such general law provides for the procedure and manner of holding elections thereunder. (4-6-1971; 4-5-1977; 3-4- 2003; 7-1-2014)
Sec. 6. Initiative, Referendum And Recall.
Ordinances may be initiated, or the referendum exercised on ordinances passed by the council, under and in accordance with the constitution and general laws of the state. Any elective officer may be recalled from office under and pursuant to the provisions of the constitution and general laws, provided that a special election shall be held at the same time as the recall election, in accordance with the constitution and general laws of the state, for the purpose of electing officers to fill the place or places of the officers sought to be recalled. (4-6-1971; 3-4-2003) Sec. 7. Elective Officers To Be Residents.
In order to be eligible to hold any elective office in the city of Porterville, a person must be a resident and elector therein, and shall have resided in said city for at least thirty days next preceding the filing of their nominating papers, or equivalent declaration or candidacy, and be an elector at the time of said filing. (4-6-1971; 4-5-1977; 3-4-2003)
Sec. 8. Elective Officers.
The elective officers of the city of Porterville shall be five councilmen, who shall be elected from the city at large at a general municipal election therein.
Sec. 9. Legislative Body; Composition; Election; Term; Compensation; Ineligibility For Other City Office; President Of Council; Vice-President; Installation Of Newly Elected Officers; Powers To Be Exercised By Council.
The legislative body of the city shall consist of five persons elected at large, which body shall be known as the council.
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https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 The members of the council shall be elected by the qualified voters of the city at a general municipal election to be held in the said city at the same time as the general election for federal offices for the state of California. They shall hold office for the period of four (4) years from and after the Monday next succeeding the day of their election and until their successors are elected, and qualified; provided the respective terms of any council member presently serving or elected at the time of the adoption of this amendment shall be extended one additional year to the even-numbered year following the expiration of their respective terms. (3-4-2003; 7-1-2014) The members of the council shall each receive the sum of twenty dollars ($20.00) for each council meeting actually attended; the mayor shall receive the sum of twenty-five dollars ($25.00) for each meeting of the council actually attended, provided, however, that the members of the council shall not receive compensation for more than seven meetings in any one calendar month. In addition, the council shall be reimbursed for necessary expenses incurred for authorized city business. (4-6-1971) The members of the council shall not be eligible to any other office or employment with the city.
The council shall reorganize at its next meeting following each municipal election and shall choose one of their number to serve as president of the council to be known as mayor. At this time the council shall also choose one of their number to serve as vice-president, and he/she shall act as mayor pro tempore in case of the absence, sickness or other disability of the mayor. The mayor and mayor pro tempore shall serve a two year term, but either may be removed at any time by a majority vote of the council. If the council removes the mayor prior to the expiration of his/her term pursuant to this provision, the council shall choose one of their number to serve as mayor until the next organizational meeting. (3-4-2003)
The council shall meet at its usual meeting place on the first Monday after any municipal election, duly canvass the returns and declare the result thereof, and install the newly elected officers, if any.
All powers granted to and vested in the city of Porterville by law or by the provisions of this charter, shall, except as herein otherwise provided, be exercised by the council to be designated the "Council Of The City Of Porterville." The council shall be the governing body of the city and subject to the express limitations of this charter shall be vested with all the powers necessary or convenient for a complete and adequate system of municipal government, consistent with the constitution of the state. (4-6-1937)
Amendment note - The third paragraph of § 9 was amended April 6, 1971. Formerly said section allowed each council member the sum of $5.00 for each meeting actually attended, for not more than two meetings in any one month.
Sec. 9.1. Public Participation.
The council shall continue to encourage the organization of and communication with representative neighborhood groups throughout the city to encourage citizen participation, to seek advice and input and to provide information to the public relative to city matters and affairs. (3-4-2003) Sec. 10. Time And Place Of Council Meetings; Meetings To Be Open To Public; Council To Adopt Rules For Conduct Of Its Own Proceedings.
The council shall provide by ordinance for the time and place of holding its meetings. Special Sterling Codifiers, Inc. Page 3 of 21
https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 meetings shall be called in accordance with the provisions of general law. There shall be at least one (1) regular meeting in each month. Any regular meeting may be adjourned to a date and hour certain, and such adjourned meeting shall be a regular meeting for all purposes. (4-6-1971) Except for special meetings with the legislative bodies of other political subdivisions, or informational meetings held within a community in accordance with the Brown act where no action is to be taken, all meetings of the council shall be held at or on publicly-owned facilities, unless by reason of fire, flood, or other disaster, or lack of seating capacity, the public-owned facilities cannot be used for that purpose, and all meetings shall be open to the public. The council shall adopt rules for conducting its proceedings and may punish its members or other persons present at any meeting for disorderly conduct. (4-2-1963; 3-4-2003; 7-1-2014)
Amendment note - The first paragraph of § 10 was amended April 6, 1971, by changing the manner of calling special meetings. Formerly the council provided by ordinance "the manner in which its special meetings may be called." The second paragraph of § 10 was amended March 4, 2003 to allow meeting outside city hall.
Sec. 11. Quorum; Compelling Attendance At Meetings.
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 or action upon, pending business in like manner. Attendance at meetings of absent members of the council may be compelled in such manner and under such penalties as may be prescribed by ordinance.
Sec. 12. How Council Acts On Legislative Matters; Resolutions; Records Of Votes; Requirement That All Members Vote; How Ordinances Headed; Ordaining Clause; Ordaining Clause Of Ordinances Passed By Initiative; When Ordinances To Be Passed; Publication; Effective Date Of Ordinances; Certain Matters Required To Be Passed By Ordinance; Repeal Of Ordinances; Revision Of Ordinances; Ordinances To Be Signed By Mayor And Attested By Clerk.
The council shall act in legislative matters by ordinance or resolution only. Other action of the council, unless herein otherwise provided, may be taken by resolution, motion, or order.
The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the record of the proceedings of the council. Upon the request of any member of the council, the ayes and noes shall be taken and recorded upon any vote. All members present at any meeting must vote; provided that no such member of the council shall cast a vote when to do so would be contrary to the applicable provisions of state law, including the laws pertaining to conflict of interest. (3-4-2003) No ordinance or resolution shall be passed without receiving the affirmative votes of at least three members of the council.
Each ordinance shall be headed by a brief title which shall indicate the purport thereof.
The ordaining clause of all ordinances adopted by the council shall be, "The Council of the City of Porterville do ordain as follows:"
The ordaining clause of all ordinances passed by the vote of the electors of the city, through the Sterling Codifiers, Inc. Page 4 of 21
https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 exercise of the initiative shall be, "The People of the City of Porterville do ordain as follows:" No ordinance shall be passed by the council at any time other than at a regular meeting, and until its publication, in a manner and for a time period as determined and set forth by ordinance. (7-1-2014) Except an ordinance calling or otherwise relating to an election, no ordinance passed by the council of the city of Porterville, except when otherwise specially required by the laws of the state, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of, and the facts constituting its urgency and is passed by a four-fifths (4/5) vote of the council, and no ordinance granting a franchise, shall go into effect before thirty (30) days from its final passage.
Except as otherwise provided by general law, or this charter, no action providing for the granting of any franchise, or for the establishing or changing fire zones, or for the imposing of any penalty, shall be taken except by ordinance. (3-8-1983)
No ordinance, or portion thereof, shall be repealed except by ordinance. No ordinance shall be revised, reenacted or amended by reference to its title only; but the ordinance to be revised or reenacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto shall be set forth and adopted according to the method provided in this section for the enactment of ordinances, and such revision, re-enactment, amendment, or addition, shall be made by ordinance only.
All ordinances shall be signed by the mayor and attested by the city clerk.
Sec. 13. Legislative Officers; Administrative Officers; Other Officers And Commissions; Consolidation Of Offices.
The legislative officers of the city of Porterville shall consist of five (5) members of the council, one of whom shall act as mayor. In addition, there shall be the following administrative officers who shall be appointed by the council: a city manager, a city attorney and a city clerk.
The council may, by ordinance provide for such other officers as deemed necessary and the council may further establish by ordinance commissions deemed by it to be necessary or proper to aid in the orderly administration of the city of Porterville.
All members of commissions and legislative committees shall be appointed by the council. The council may appoint members to other boards or committees. Administrative officers may appoint members to temporary administrative committees. (3-4-2003) The council may, at any time, when in its judgment, the interest of the city so demands, by a fourfifths (4 /5) vote thereof, consolidate by ordinance two or more city administrative offices and place the same in charge of one such officer. (4-2-1963; 4-6-1971; 3-8-1983) Sec. 14. Official Bonds; Where Filed.
When in this charter not otherwise prescribed, the council shall determine which officers shall give bonds for the faithful performance of their official duties, and shall fix the amount of said bonds. Such officers before entering upon their official duties, shall execute a bond to the city in the penal sum Sterling Codifiers, Inc. Page 5 of 21
https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 required, which bond shall include any other office of which they may be ex-officio incumbent. Said bonds shall be approved by the council, filed with the city clerk, and paid for by the city; provided, however, that the bond of the city clerk when approved as aforesaid shall be filed with the city treasurer. Nothing in this section shall prevent the authorization or furnishing of a blanket bond to assure the honesty or faithful performance of any of its officers or employees. (3-4-2003) Sec. 15. Oath Of Office.
Every officer and employee of the city, before entering upon the duties of his/her office shall take and subscribe the oath of offices as provided for in the constitution of the state, and shall file the same forthwith with the city clerk. (4-6-1971; 3-4-2003)
Sec. 16. Vacancies In Office; When Offices Declared Vacant.
A vacancy in any legislative office, from whatever cause arising excluding any vacancy created due to a successful recall election, shall be filled by appointment by the council, such appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term; provided, that if the council fails to agree or for any other reason does not fill such vacancy within thirty days after the same occurs, then such vacancy shall be filled by the mayor; provided, however, that if for any reason the seats of a majority of the council shall become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections. (3-4-2003)
If, without permission from the city council, any legislative officer of the city shall remove from the city or absent himself/herself therefrom for more than forty-five (45) days consecutively, or shall fail to attend five (5) consecutive regular city council meetings unless prevented from attending by sickness (but in no case for a period exceeding ninety (90) days), his/her officer shall thereupon become vacant. If for said forty-five (45) day period any legislative officer shall willfully fail or refuse to perform the duties of his office, though able to do so, or shall fail to qualify, or shall resign, or be convicted of a felony or a crime of moral turpitude, or be adjudged mentally incompetent, his/her office shall thereupon become vacant. (3-4-2003; 7-1-2014) Sec. 17. Appointment And Removal Of Officers And Employees; Grounds Of Removal; Hearing Prior To Removal.
Except as may be otherwise in this charter provided, the affirmative vote of three (3) members of the council shall be required for the appointment of or the removal of any administrative officer for cause. "For cause" includes, but is not limited to, refusal to perform the duties of his/her office, being adjudged mentally incompetent, or being convicted of a felony or crime of moral turpitude. The administrative officer is entitled to a hearing before the council on the validity of the grounds providing the basis for removal for cause. (3-8-1983; 3-4-2003) The council may remove any of its administrative officers at its pleasure, without cause stated or at hearing had, by the affirmative vote of four members cast in favor of such removal, and the determination of the council in such matters shall be final and conclusive. (3-8-1983) Editor's note - Prior to its complete restatement by an amendment adopted March 8, 1983, § 17 had been amended February 5, 1935, and April 6, 1971.
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https://www.sterlingcodifiers.com/codebook/printnow.php 5/1/2019 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)
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)
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)
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Success
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Friant Kern Canal
District 1: Council Member Lawana Tate
District 2: Council Member Milt Stowe
District 3: Mayor Martha A Flores
District 4: Vacant
District 5: Vice Mayor Kellie Carrillo
Porterville City Council
Election Districts
CITY OF PORTERVILLE
Community Development Department
291 N. Main St.
Porterville, CA 93257
(559) 782-7460
Date Printed: 5/24/2022
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Item No. 2.
CITY COUNCIL AGENDA – JULY 25, 2022
SUBJECT: Authorization of Street Closure - State Route 65 Memorial Highway Dedication Event
SOURCE: City Manager's Office
COMMENT: Pursuant to City Code Chapter 15-20(E), the planned non-emergency closure of city streets requires the approval of the City Council. Accordingly, the Fire and Police Chiefs request the approval of the Council to close city streets in the vicinity of Fire Station 71 deemed necessary on July 29, 2022, in support of a planned community event for the dedication of State Route 65 Memorial Highway in honor of Fire Captain Ramon Figueroa and Firefighter Patrick Jones.
RECOMMENDATION: That the City Council authorize the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on July 29, 2022.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager