Item 1.5 - Second Reading and Adoption of Ordinance No. 834DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
December 17, 2019
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk �
(858)668-4535 or fmedina@poway.org
Second Reading and Adoption of Ordinance No. 834 entitled "An
Ordinance of the City Council of the City of Poway, California, Rescinding
Chapter 13.20 (Airports) and Amending Chapters 2.24 (Municipal
Elections), 2.28 (Campaign Contribution and Expenditures) and 17.40
(Comprehensive Sign Regulations) 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, 2019. All Councilmembers were present. There were four
speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Recommended Action:
MULLIN, LEONARD, FRANK, GROSCH, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 834.
Fiscal Impact:
None.
Environmental Review:
The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because
it will not result in direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.
Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday,
November 21, 2019. A second summary notice will be published in the same publication on
Thursday, December 26, 2019. A certified copy of this Ordinance will also be posted in the Office
1 of 7 December 17, 2019, Item #1.5
of the City Clerk in accordance with Government Code section 36933.
Attachment:
A.Ordinance No. 834
Reviewed/ Approved By:
i/�L--Wend aserman
Assistant City Manager
2 of 7
Reviewed By:
Alan Fenstermac her
City Attorney
December 17, 2019, Item #1.5
3 of 7 December 17, 2019, Item #1.5
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, RESCINDING CHAPTER 13.20
(AIRPORTS) AND AMENDING CHAPTERS 2.24 (MUNICIPAL
ELECTIONS), 2.28 (CAMPAIGN CONTRIBUTION AND
EXPENDITURES) AND 17.40 (COMPREHENSIVE SIGN
REGULATIONS) 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;
WHEREAS, this Ordinance proposes to update and amended four chapters of the PMC;
WHEREAS, Chapter 13.20 of the PMC sets forth extensive regulations solely applicable
to airports in the City, but the City does not have airports, nor would any airport be permitted in
any existing zoning designation, and therefore, this Chapter serves no purpose;
WHEREAS, section 2.24.010 of Chapter 2.24 (Municipal Elections) references the
incorrect California Government Code section;
WHEREAS, Chapter 2.28 of the PMC contains a number of regulations relating to
reporting requirements for campaign contributions and expenditures that unnecessarily conflict
with state law, including the Political Reform Act, and serve only to confuse candidates and create
extra, unnecessary work for the City Clerk’s office;
WHEREAS, except with respect to campaign contribution limits, the City desires to rely on
state law wherever possible, including relying on the expert state agency, the Fair Political
Practices Commission (“FPPC”), to investigate and prosecute potential violations of law relating
to campaign finance, as the FPPC has the appropriate resources and expertise to do so;
WHEREAS, the City’s campaign contribution limits have not been increased since 1981,
while costs have risen, and the City believes a modest increase from $100 to $250 is appropriate;
WHEREAS, in addition to being described herein, all the changes proposed to Chapter
2.28 of the PMC are clearly shown in redline format in Attachment B to the Agenda Report
accompanying this Ordinance; and
WHEREAS, during the 2018 election, City staff encountered practical problems enforcing
its regulations concerning temporary political signs, and accordingly, has recommended revisions
to section 17.40.090(D) of Chapter 17.40 (Comprehensive Sign Regulations).
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: The City Council hereby approves this Ordinance and amends the
Chapters of the PMC as specified below. Removals are indicated with strikethroughs and
additions are indicated with underline.
SECTION 3: Chapter 13.20 of the Poway Municipal Code (Airports) is hereby deleted in
its entirety.
ATTACHMENT A
4 of 7 December 17, 2019, Item #1.5
SECTION 4: Section 2.24.010 of Chapter 2.24 (Municipal Elections) is hereby amended
as follows:
2.24.010 Date of elections
Pursuant to Section 36503.5 of the State Government Code, the general election
for the City shall be held on the same day as the day of the statewide general
election
SECTION 5: Sections 2.28.020 and 2.28.030 of Chapter 2.28 (Campaign Contributions
and Expenditures) is hereby amended to delete all references to the dollar amount of $100.00 (a
total of 7), and replace each such reference with the dollar amount of $250.00.
SECTION 6: Sections 2.28.040, 2.28.050, 2.28.070, 2.28.110, and 2.28.140 of Chapter
2.28 (Campaign Contributions and Expenditures) are hereby deleted in their entirety.
SECTION 7: Sections 2.28.060, 2.28.080, 2.28.090, 2.28.100, 2.28.120, 2.28.130, and
2.28.150 of Chapter 2.28 (Campaign Contributions and Expenditures) are hereby renumbered to
Sections 2.28.040 through 2.28.100.
SECTION 8 Section 2.28.060 of Chapter 2.28 (Campaign Contributions and
Expenditures) is hereby amended as follows:
2.28.0640 Statements generally.
A. Required. Subject to Government Code Section 81009.5, each candidate and each
committee, including all independent committees, shall file as a public record with the City
Clerk campaign statements showing the amounts of contributions received and
expenditures made with respect to such election at the time required by the Political
Reform Act of 1974, as amended. The statements are to be completed on campaign
statement forms required to be filed by State law. Such statements shall contain a
declaration by the candidate or committee chairperson that the candidate or committee
has neither accepted nor solicited any campaign contribution in excess of the limitations
of or in contravention of PMC 2.28.030. All such statements filed by independent
committees shall, in addition to all other requirements, identify each candidate or measure
for or against whom each reported expenditure was made. Statements filed by
independent committees shall be required to report only those expenditures in connection
with communications that expressly advocate the election or defeat of a clearly identified
candidate or ballot measure.
B. Contributions. Each campaign statement shall show the total cumulative amount of
contributions received during the period covered by the statement from persons who have
given $25.00 or less and the total cumulative amount of contributions received during the
period covered by the statement from persons who have given a total of more than $25.00.
Each person who has contributed more than $25.00 shall be listed by name, address,
occupation, employer and amount contributed. The total amount received from
anonymous sources and for persons who have not consented to publication shall be listed.
In the event that any portion of the contributions was received in connection with a
fundraiser event, then the statement shall list the gross receipts, the date and location of
each event.
C. Expenditures Generally. Each campaign statement shall show the total amount of
expenditures made during the period covered by the statement to persons who have
received $25.00. Each person who has received a total of more than $25.00 shall be listed
by name and address, together with a brief description of the purpose of the expenditures.
Any expenditure made on behalf of another person, whether as agent or intermediary or
5 of 7 December 17, 2019, Item #1.5
otherwise, shall be reported as such, including the true name of the individual on whose
behalf the expenditure was made.
D. Exemption. Nothing in this section shall impose upon any committee which participates
in elections in jurisdictions in addition to the City any filing requirements additional to or
different from those set forth in Chapter 4 of the Political Reform Act of 1974, so long as
Government Code Section 81009.5(b) prohibits the imposition of such different or
additional requirements on such committees.
SECTION 9: Section 2.28.100 of Chapter 2.28 (Campaign Contributions and
Expenditures) is hereby amended as follows:
2.28.10070 Late filing of campaign statement.
A. If any person files a campaign statement after any deadline imposed by this chapter,
he or she shall, in addition to any other penalties or remedies established in this chapter,
be liable to the City Clerk in amounts as set forth by State guidelines in the amount of ten
dollars ($10) per day after the deadline until the statement is filed, as set forth in California
Government Code section 91013, as may be amended from time to time.
B. The City Clerk shall deposit any funds received under this section into the general fund
of the City to defray the cost of municipal elections.
SECTION 10: Section 2.28.130 is hereby amended as set forth below:
2.28.13090 Civil liability and penalties.
A. Any person who violates any provision of this chapter shall be liable in a civil action
brought by the special counselCity for an amount up to $1,000. In addition thereto, such
person shall be liable for the reasonable attorney’s fees and costs incurred by the special
counselCity in any civil proceeding filed to enforce the provisions hereof.
B. Enforcement of this chapter through civil action may be filed as an alternative to criminal
enforcement pursuant to PMC 2.28.120. Civil enforcement shall not require that the
violation be knowing or willful. All discovery provisions of State law shall be available to
the special counselCity in the civil enforcement of this chapter. Special counsel The City
shall have the power to subpoena documents and other materials as may be necessary
to conduct the investigation. No civil action alleging a violation of this chapter shall be filed
against a person pursuant to this section if the special counselCity is maintaining a criminal
action against that person pursuant to PMC 2.28.120.
C. Each violation of this chapter shall be a separate offense subject to the civil penalty
provided in subsection A of this section.
D. The special counselCity’s counsel is authorized to settle any civil enforcement hereof
prior or subsequent to the filing of a civil action by the imposition of a civil penalty in an
amount which does not exceed the potential civil liability, including attorney’s fees, set
forth in subsection A of this section. Upon payment in full of such civil penalty, the special
counselCity shall agree to forbear from filing civil or criminal action or, if action has already
been filed, shall agree to dismiss such action. The imposition of all civil penalties shall be
made a matter of public record.
SECTION 11: Section 17.40.090 of Chapter 17.40 (Comprehensive Sign Regulations) is
hereby amended to read as follows:
D. Temporary signs for elections and other noncommercial messages are not permitted
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within the public right-of-way (except as otherwise provided in this chapter), on public
property, or upon any public building or other publicly owned facility, including
fences/walls, utilities and landscaping. Notwithstanding the foregoing, in areas of the City
zoned RR-A through RR-C and RS-1 through RS-7, such signs are permitted within
privately maintained improvements that are located within the public right-of-way. Such
signs are permitted on private property subject to the following:
1. Such signs shall not exceed six square feet in total area for one side; double-
faced signs shall not exceed six square feet per side.
2. Such signs shall not exceed an overall height of four feet. The height shall be
measured from the finished grade immediately around the sign.
3. No such signs shall be lighted either directly or indirectly unless said sign is
erected, painted or constructed on an authorized structure already providing
illumination.
4. The number of such signs is not limited.
5. Such signs may carry any noncommercial message, including, but not limited
to, political messages.
6. Such signs shall not be placed on private property without the permission of the
property owner or its authorized representative.
67. No such signs shall be posted in violation of any provision of this chapter. The
Director of Development Services or a designated representative shall have the
right to remove any sign placed in the right of way or on public property, contrary
to any provision of this section. Removed signs shall be stored by the City. Notice
of removal shall be promptly provided as soon as reasonably possible to the owner
of such sign, or the apparent owner or candidate, within one working day of
removal whenever possible. If it is the first violation, Ssuch person shall have the
right to recover the sign forthwith, without charge. However, for any subsequent
violations, the City shall temporarily hold any such signs for fifteen (15) calendar
days before they are returned. All signs removed by the City may be destroyed 30
calendar days following removal.
SECTION 12: 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 Council
members 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.
7 of 7 December 17, 2019, Item #1.5
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 3rd day of December, 2019, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of
December, 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
_____________________________
Faviola Medina, CMC, City Clerk