April 15, 2025, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 15, 2025 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney [email protected] CITY COUNCIL Ordinance to Amend Poway Municipal Code Regarding Conduct During Physical Attendance at City Council Meetings At the April 1, 2025 Regular City Council meeting, Deputy Mayor De Hoff initiated an item seeking City Council concurrence to bring back for discussion an item instituting rules regarding conduct by City Councilmembers when physically present at a meeting. The City Council provided concurrence 3-0, and as a result, the attached draft Ordinance (Attachment A) is being presented to the City Council for consideration. If approved, the Ordinance would amend the Poway Municipal Code (PMC) to require any member of the City Council physically present at a City Council meeting to request a recess to leave the dais during any portion of an ongoing City Council meeting. Any request for a recess shall be granted, unless the quantity or duration of the requested recess(es) would materially disrupt the meeting. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission. If approved, this Ordinance will also amend the PMC to provide that a City Councilmember physically present at a City Council meeting who physically leaves the dais during any part of an item without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais. Recommended Action: It is recommended the City Council introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 6, 2025 regular City Council meeting. 1 of 4
April 15, 2025, Item #10Discussion: As mentioned above, the Ordinance will amend the PMC to require any member of the City Council physically present at a City Council meeting to request a recess to leave the dais, and if any member of the City Council leaves the dais when the meeting is not in recess, they shall be considered absent from the meeting without permission. A request for a recess shall only be denied if the request is unreasonable because the quantity or duration of the requested recess(es) will materially disrupt the meeting. The City Council may, by majority vote of members present, override the determination of the Mayor (or the member of the City Council chairing the meeting in the Mayor's absence), whether a recess is reasonable. A request for a recess shall always be granted if it is needed due to a medical or disability-related issue. Additionally, these rules do not apply when a member of the City Council recuses him or herself from an item as a result of a perceived or actual conflict of interest, or any other legally required recusal. The Ordinance will also amend the PMC to provide that a City Councilmember physically present at a City Council meeting who physically leaves the dais during any part of an item without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais. The purpose of this amendment is to ensure all members of the public that take the time to come to a City Council meeting arid participate in public are treated with respect, thpt City Council colleagues treat each other with respect, and that all viewpoints are considered prior to speaking or acting on an item. Environmental Review: None. Fiscal Impact: None. Public Notification: None. Attachments: A. Ordinance Reviewed/Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager
3 of 4 ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 (MEETINGS) OF THE POWAY MUNICIPAL CODE RE PHYSICAL ATTENDANCE AT CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding Councilmember conduct during City Council meetings, and the threshold for being considered present.
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: Chapter 2.18 (Meetings) of the PMC is hereby amended to add new Sections 2.18.190 and 2.18.200, as follows
2.18.190 Attendance Generally
Any member of the City Council physically present at a City Council meeting must request a recess to leave the dais during any portion of the City Council meeting. The request for a recess shall be granted, unless, in the discretion of the Mayor (or the member of the City Council chairing the meeting in the Mayor’s absence), the request for a recess is unreasonable. A request for a recess may be unreasonable only if the quantity or duration of the requested recess(es) will materially disrupt the meeting. Notwithstanding the foregoing, a request for a recess shall not be unreasonable if it is needed due to a medical or disability-related emergency. The City Council may, by majority vote of members present, override the determination of whether a recess is reasonable. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.
This Section 2.18.190 shall not apply when members of the City Council recuse themselves from discussion of or participation in any agendized item due to a perceived or actual conflict of interest, or any other legally required recusal.
2.18.200 Attendance During Each Agendized Item
Any member of the City Council physically present at a City Council meeting who physically leaves the dais during any part of an item (including public comment) without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.
SECTION 3: The City Council finds that this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
April 15, 2025, Item #10
Ordinance No. Page 2
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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 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.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of April, 2025, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of May, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
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Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
April 15, 2025, Item #10