Loading...
Ord 834ORDINANCE 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 amend 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 s and additions are indicated with underline. Ordinance No. 834 Page 2 SECTION 3: Chapter 13.20 of the Poway Municipal Code (Airports) is hereby deleted in its entirety. 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. - _ - - _ . •• : _ : statement forms required to be filed by State law. Such statements shall contain a of or in contravention of PMC 2.28.030. All such statements filed by independent occupation, employer and amount contributed. The total amount received from each event. Ordinance No. 834 Page 3 C. Expenditures Generally. Each campaign statement shall show the total amount of otherwise, shall be reported as such, including the true name of the individual on whose behalf the expenditure was made. different from those set forth in Chapter 4 of the Political Reform Act of 1974, co long as Government Code Section 81009.5(b) prohibits the imposition of such different or SECTION 9: Section 2.28.100 of Chapter 2.28 (Campaign Contributions and Expenditures) is hereby amended as follows: 2.28.1-9070 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 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: 2.28.14090 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 Ordinance No. 834 Page 4 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 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 -. 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. 1 1 1 1 1 1 Ordinance No. 834 Page 5 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. 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: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Faviola Me •i a, CMC, City Clerk Steve Vaus, Mayor