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Item 5 - Second Reading Ordinance 446 r;. AGENDA REPORT SUMMARY (_ TO: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John D. Fitch, Assistant City Manage~11r Marjorie K. Wahlsten, City Clerk~ May 23, 1995 FROM: INITIATED BY: DATE: SUBJECf: Ord i nance No. 446 - Second Read i'ng ABSTRACT On May 2, 1995, the City Council introduced and had the first reading on Ordinance No. 446 - "An Ordinance of the City of Poway, California, Adding Chapter 15.28 to the Poway Municipal Code Adopting Certain Provisions of Title 25 of the California Code of Regulations Relating to Mobilehome Inspections, Except Fee and Penalty Provisions, Pertaining to the Construction, Use Maintenance, and Occupancy of Mobilehomes." Counc i 1 member 5 Cafagna and Emery were absent at first reading. There was no public testimony given. Staff recommends adoption. ENVIRONMENTAL REVIEW Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory - Agencies. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain prior to first reading of the ordinance. RECOMMENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll call vote). ACTION Continued to June 6, 1995. Councilmember Emery has some questions he needs answered. 3-0, Councilmembers Callery and Rexford absent. 'y}- .,. -""'...... k 7V.L'J.o'> t:::. Marjor e K. Wahlsten, City Clerk , 1 of 5 e: \eity\1qialat\eityclrt.\qCDda\0rd446.1U1D JUN G 1995 MAY 2 3 1995 ITEM 5 ITEM 6 r ~ CITY OF POWAY AGENDA REPORT TO: FROM: INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~ John D. Fitch, Assistant City Manager~l1r Marjorie K. Wahlsten, City Clerk~ May 23, 1995 Ordinance No. 446 - Second Reading DATE: SUBJECT: BACKGROUND On May 2, 1995, the City Council introduced and had the first reading on Ordinance No. 446 - "An Ordinance of the City of Poway, California, Adding Chapter 15.28 to the Poway Municipal Code Adopting Certain Provisions of Title 25 of the California Code of Regulations Relating to Mobilehome Inspections, Except Fee and Penalty Provisions, Pertaining to the Construction, Use Maintenance, and Occupancy of Mobilehomes ." Counci 1 members Cafagna and Emery were absent at first reading. There was no public testimony given. Staff recommends adoption. FINDINGS It is in order to have the second reading and adopt this Ordinance. FISCAL IMPACT None. ENVIRONMENTAL REVIEW Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory Agencies. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain prior to the first reading of the Ordinance. RECOMMENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll call vote). Attachment: 1) Ordinance .:\City\1.gj,lat\c1tyclrk\agenaa\ord446.rpt JUN 6 1995 MAY 2 3 1995 ITEM 5 ITEM 6 ., I 2 of 5 / a, (--:- - ORDINANCE NO. 446 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING CHAPTER 15.28 TO THE POWAY MUNICIPAL CODE ADOPTING CERTAIN PROVISIONS OF TITLE 25 OF THE CALIFORNIA CODE OF REGULATIONS RELATING TO MOBILEHOME INSPECTIONS, EXCEPT FEE AND PENALTY PROVISIONS, PERTAINING TO THE CONSTRUCTION, USE, MAINTENANCE, AND OCCUPANCY OF MOBILEHOMES WHEREAS, Division 1, Chapter 2, of Title 25 of the California Code of Regulations establishes the standards for mobilehome construction, use, maintenance, and occupancy statewide; and WHEREAS, Title 25 has no application to publicly-owned mobilehome parks unless adopted locally; and WHEREAS, the publicly-owned mobilehome parks in the City of Poway should be subject to the same inspection standards as privately-owned parks, and WHEREAS, Government Code Section 50022.2 et. seq. authorizes a local agency to adopt all or any portion of Title 25 by reference, provided that penalty provisions be set forth in full; and WHEREAS, the City Council finds that the adoption of certain of the provisions of Title 25, except the fees and penalty provisions is necessary for the orderly and uniform application of mobilehome building standards in all mobilehome parks in Poway; and WHEREAS, the City Council shall set forth the penalty provisions in full herein and shall establish inspection fees from time to time by resolution; and WHEREAS, a properly noticed public hearing was conducted and copies of the Poway Municipal Code, this Ordinance, and Division 1, Chapter 2, of Title 25 are on file and open to public inspection, all in accordance with Government Code Section 50022.3; and WHEREAS, the City Council finds that the proposed Ordinance is categori ca lly exempt from the requi rements of the Cali forni a Envi ronmenta 1 Quality Act, Class 21. NOW, THEREFORE, the City Council of the City of Poway, California does hereby ordain as follows: Section 1. Chapter 15.28 is hereby added to the Poway Municipal Code as set forth in Exhibit A attached hereto. Section 2. The City Council hereby authorizes and directs that Chapter 15.28 inspection fees shall be set by resolution. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Powav News Chieftain, a newspaper of general circulation published in the City of Poway. 3 of 5 JUN 6 1995 ITEM 5 MAY 2 3 1995 ITEM 6 , , ----- .--------------. ------------------ - --- ~ , - Ordinance No. 446 Page 2 INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway held the'2nd day of May, 1995, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 23rd day of May, 1995, by the following roll call vote: AYES: NOES: ABSENT: Don Higginson, Mayor Marjorie K. Wahlsten, City Clerk c:\dat.\.gend8\title25.ord 4 of 5 JUN G 1995 ITEM 5 MAY 2 3 1995 ITEM b ' 1 - - ---------~---- ----------- -- ._~_..---- - ..~-----~--_.. --- -- -.- i ._ ~ , -, C 'nance No. Aq~ Page 3 - Exhibit A Page 1 Chaoter 15.28 MOBILEHOME INSPECTION CODE Sections: 15.28.010 Adoption. 15.28.020 Deletions. 15.28.030 Application. 15.28.040 Penalties. 15.28.050 References. 15.28.010 Adootion of a oortion of Division 1. Chaoter 2. of Title 25 of the California Code of Reaulations. There is adopted as the City mobilehome code for the purpose of regulating the construction, use, maintenance, and occupancy of mobilehomes in the City of Poway, Title 25, Div)sion 1, Chapter 2, as revised and effective January 1, 1994. I I 15.28.020 Deletions. Sections 1008 - 1024, inclusive, and Sections 2200 _ 2860 of Division 1, Chapter 2, of Title 25 of the California Code of Regulations, as revised and effective January 1, 1994, are deleted. 15.28.030 Aoolication. The provisions of this Chapter 15.28 shall apply to all mobilehomes located in the City of Poway which are not otherwise subject to Title 25, Division 1, Chapter 2, of the California Code of Regulations because such mobilehomes are located in a publicly-owned park, or for any other reason whatsoever. 15.28.040 Penalties. The penalties for any violation of provision of Title 25, Di vi s i on 1, Chapter 2, of the Ca 1 iforni a Code of Regul ati ons adopted by Section 15.28.010 shall be those penalties set forth in Section 1.08.010 of the Poway Municipal Code. 15.28.050 References. References in the adopted provi si ons of Ti tl e 25, Division 1, Chapter 2, of the California Code of Regulations to the department, enforcement agency, or any director, administrator, inspector, or other employee thereof shall refer to the City of Poway Building Department and its director, administrator, inspector, or employee. 5 of 5 JUN 6 1995 MAY 2 3 1995 ITEM 5 ITEMb . ~