May 6, 2025, Item #3AG EN DA REPORT City of Poway DATE: TO: FROM: CONTACT: May 6, 2024 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk Carrie Gallagher, City Clerk (858) 668-4435 or [email protected] CITY COUNCIL SUBJECT: Second Reading and Adoption of Ordinance No. 873 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 (Meetings) of the Poway Municipal Code Regarding Physical Attendance at City Council Meetings" Summary: The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 15, 2025. There were two (2) speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: MAEDA, PIKUS, DE HOFF, VAUS BLAIN ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE It is recommended the City Council adopt Ordinance No. 873. Environmental Review: None. Fiscal Impact: None. 1 of 4
May 6, 2025, Item #3Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 24, 2025. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 873 Reviewed/Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
May 6, 2025, Item #3ORDINANCE NO. 873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 (MEETINGS) OF THE POWAY -MUNICIPAL CODE REGARDING 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"). 3 of 4 ATTACHMENT A
May 6, 2025, Item #3Ordinance No. 873 Page 2 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: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of 4