DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
First Reading of Ordinance Amending Chapter 2.18 (Meetings)
CITY COUNCIL
The proposed ordinance (Attachment A) would make a minor amendment to Chapter 2.18 of the Poway Municipal Code ("PMC") so that second readings of ordinances are placed on the consent calendar of the City Council's meeting agenda, consistent with state law as well as prior practice.
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for December 6, 2022.
Discussion:
As part of the City's progressive updates to outdated portions of its Municipal Code, in December 2019, the City Council adopted Ordinance No. 833 amending Chapter 2.18 of the PMC to reorganize meeting agendas and ensure this Chapter is otherwise consistent with state law, including the Ralph M. Brown Act ("Brown Act") (Government Code § 54950 et. seq.), which governs the City Council and other Council-appointed committee meetings. That prior ordinance had an unintended consequence of moving second readings of ordinances off of the consent calendar portion of City Council meetings, where they had previously been placed for many years, as is the case in many other cities in California.
The proposed ordinance (Attachment A) would make a minor amendment to Chapter 2.18 to clean this up, and reorganize City Council meeting agendas accordingly.
Environmental Review:
The adoption of the proposed Ordinance is not a "project'' that is subject to CEQA review because it has no potential for resulting in physical change to the environment, directly or indirectly.
1 of 5
November 15, 2022, Item #17
Fiscal Impact:
None
Public Notification:
None.
Attachments:
A. Ordinance
Reviewed/Approved By:
Wendy.Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
A:
�Ch s azel ·
City Manager
2 of 5
November 15, 2022, Item #17
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 OF THE
POWAY MUNICIPAL CODE (MEETINGS)
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, revision of the procedures governing City Council meetings and public committee meetings is required in order to provide for the efficient transaction of public business.
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 certain sections of the PMC as specified below. Removals are indicated with strikethrough and additions are indicated with underline.
SECTION 3: Section 2.18.060(8) of Chapter 2.18 of the PMC is hereby amended as follows:
B. The business of the Council shall be taken up for consideration and disposition in the following order:
1. Call to order;
2. Roll call;
3. Pledge of Allegiance;
4. Moment of silence;
5. Presentations;
6. Public Comment;
7. Consent Calendar/Waiver of Ordinance Text Reading/Ordinances for Adoption;
8. Ordinances for Introduction;
9. Ordinances for /\doption;
4-0-c-9. Public Hearings;
44-:-1.Q,_ Staff reports;
42-:-1.:L Council initiated items;
ATTACHMENT A
3 of 5
November 15, 2022, Item #17
Ordinance No. ***
4-J.,..1£. Council Committee reports (AB 1234) and Announcements; 44-:-.Ll.,, City Manager items;
4-e-:-H:, City Attorney items, including any public report of any action taken in closed session;
4-&.-� Adjournment.
The regular order of business may be changed or suspended for any purpose at any particular meeting by the Mayor, with the consent of the majority of the Council members present.
SECTION 4: 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 5: 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.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of November, 2022, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of December, 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
4 of 5
November 15, 2022, Item #17
ATTEST:
Carrie Gallagher, CMC, City Clerk
Steve Vaus, Mayor
Ordinance No. ***
5 of 5
November 15, 2022, Item #17