Chapter 2.04
CITY COUNCIL

Sections:

2.04.010    Legislative body.

2.04.020    Compensation.

2.04.030    Planning Agency.

2.04.040    Redevelopment Agency.

2.04.050    Planning Commission.

2.04.060    By-district electoral system.

2.04.070    Establishment of City Council electoral districts.

2.04.080    Election schedule.

2.04.090    Map of Council districts.

2.04.010 Legislative body.

A. The City Council shall be the legislative body with the exclusive and original jurisdiction to interpret and govern all matters described and/or set forth within the City interim general plan and all ordinances, resolutions, codes and other regulatory directives adopted previously by this Council by reference or currently applicable to any activity, event, request, forbearance and/or issue raised of any nature within the boundary of the City.

B. The ordinance codified in this section is in addition to the authority vested in the Council pursuant to PMC 2.04.030. (Ord. 8, 1980)

2.04.020 Compensation.

A. The Mayor and each member of the City Council shall receive compensation as follows:

1. Effective January 1, 2019, the Mayor shall receive as salary the sum of $1,922.43 per month as authorized by Sections 36516 and 36516.1 of the Government Code and all other members of the City Council shall receive the sum of $1,373.16 per month as authorized by Section 36516 of the Government Code payable at the same time and in the same manner as salaries that are paid to other officers and employees of the City.

2. The salaries established by this section are exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City. (Ord. 819 § 2, 2018)

2.04.030 Planning Agency.

The City Council establishes itself as the Planning Agency. (Ord. 5, 1980)

2.04.040 Redevelopment Agency.

A. It is found and declared, pursuant to Section 33101 of the California Health and Safety Code, that there is a need for the Redevelopment Agency created by Section 33100 of said law to function in the City. Said agency is empowered by this section to transact business and exercise its powers under the Community Redevelopment Law, and shall be known as the “Poway Redevelopment Agency.”

B. Pursuant to Section 33200 of the California Health and Safety Code, the City Council does hereby declare itself to be the agency, and all rights, powers, duties, privileges and immunities, vested by law in a Redevelopment Agency, shall be vested in the City Council except as otherwise provided by law.

C. The Redevelopment Agency, authorized to function by this section, shall cause a certified copy of the ordinance codified in this section to be filed in the office of the Secretary of State of the State. (Ord. 96 §§ 1, 2, 4, 1983)

2.04.050 Planning Commission.

A. The City Council finds and determines that California Health and Safety Code Sections 33300 and 33301 require that before any area is designated for redevelopment, the community authorized to undertake the development must have a Planning Commission.

B. Pursuant to California Government Code Sections 65100 and 65105, the City Council establishes itself as the Planning Commission for purposes of all redevelopment matters and activities to be carried out in compliance with the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.). The Planning Commission shall consist of the five members of the City Council now serving or hereinafter elected, and the Councilmembers shall serve on the Commission for the duration of their respective Council terms. (Ord. 111 §§ 1, 2, 1983)

2.04.060 By-district electoral system.

Pursuant to California Government Code Section 34886 and the schedule established in PMC 2.04.080, beginning in November 2018, members of the City Council shall be elected on a by-district basis from four single-member Council districts. The Mayor shall be separately elected on a City-wide basis. The City’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871(c). (Ord. 809 § 3, 2017)

2.04.070 Establishment of City Council electoral districts.

A. Pursuant to PMC 2.04.060, members of the City Council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871(c), from the four Council districts as established and amended from time to time by ordinance, and numerically designated as District 1, District 2, District 3, and District 4.

B. Members of the City Council, excluding the Mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable State and Federal law.

C. Except as provided in subsection D of this section and notwithstanding any other provision of this chapter, once this chapter is fully phased in, the member of the City Council elected or (in the event of a vacancy filled by the City Council) appointed 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 member of the City Council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within 30 days after the termination of residency.

D. Notwithstanding any other provision of this section, and consistent with the requirements of California Government Code Section 36512, 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 member of the City Council, excluding the separate office of Mayor, that member of the City Council’s successor shall be elected on a by-district basis in the districts established in this section and as provided in PMC 2.04.080.

E. Nothing in this section shall affect the election of the Mayor, who shall remain elected on a City-wide basis, in accordance with Government Code Sections 34871(c) and 34900 et seq. (Ord. 809 § 3, 2017)

2.04.080 Election schedule.

Except as otherwise required by California Government Code Section 36512, the members of the City Council shall be elected from Council Districts 1 and 3 beginning at the general municipal election in November 2018, and every four years thereafter, as such Council districts shall be amended. Members of the City Council shall be elected from Council Districts 2 and 4 beginning at the general municipal election in November 2020, and every four years thereafter, as such Council districts shall be amended. The election schedule for the Mayor is not affected by this section. (Ord. 809 § 3, 2017)

2.04.090 Map of Council districts.

The City Clerk shall maintain a map of the city showing the current boundaries and numbers of each City Council district as may be established and amended from time to time by ordinance of the City Council. (Ord. 809 § 3, 2017)