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AGENDA REPORT CityofPoway
December 17, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk <4
CITY COUNCIL
Carrie Gallagher, City Clerk
(858)668-4435 or [email protected]
Second Reading and Adoption of Ordinance No. 872 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 2.04, 2.08 and 2.18 of the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2024. There was one (1) speaker.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
DE HOFF, EDMONDSON, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: PEPIN
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 872.
Environmental Review:
None.
Fiscal Impact:
None.
1 of 5 December 17, 2024, Item #2
December 17, 2024, Item #2Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, December 12, 2024. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 872 Reviewed/Approved By: Assistant City Manager 2 ofS Reviewed By: Alan Fenstermacher City Attorney Approved By:
December 17, 2024, Item #2ORDINANCE NO. 872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.08 AND 2.18 OF THE POWAY MUNICIPAL CODE WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; and WHEREAS, the City Council of the City of Poway wishes to clarify the role of Councilmembers in the City's Council-Manager form of government, and ensure all City Councilmembers treat each other and City staff respectfully. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: Section 2.08.080(A) of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough: Council-Manager Relations. The City Council and its members shall deal with the administrative .services and staff of the City only through the City Manager, except for the purpose of inquiry and only at a duly convened meeting of the City Council. aoo flNeither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager or City Attorney. Other than the City Manager and City Attorney, the City Council shall only communicate with City staff about City business during a duly convened meeting of the City Council. SECTION 3: Section 2.04.100, entitled "Conduct of the City Council," shall be added to the PMC to read as follows: 3 ofS A. The professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public. B. All members of the City Council shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. ATTACHMENT A
December 17, 2024, Item #2Ordinance No. 872 C All members of the City Council shall respect and adhere to the Council-Manager structure of Poway city government. In this structure, the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, and committees, and City staff. Individual members of the City Council therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Individual members shall not make requests of City staff, or provide any City staff members with direction, orders or instructions. Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so. D. The City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.001, or any other Section of the Poway Municipal Code. Page 2 SECTION 4: Section 2.18.060 of the PMC shall be amended to add a new subdivision D, to read as follows: A. The City Council's agenda shall be set by the City Manager, in consultation with the Mayor. Any individual member of the City Council that wishes to place a matter on a future City Council agenda may raise the matter as a Council initiated item, and only for the purpose of discussing whether or not that matter should be placed on a future City Council agenda. The matter raised by an individual member of the City Council may be placed on a future agenda for discussion only if a majority of the membership of the City Council votes in favor of doing so. SECTION 5: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA"). SECTION 6: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. SECTION 7: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Councilmembers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 4 of 5 II II
December 17, 2024, Item #2Ordinance No. 872 Page 3 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2024, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2024, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 ofS