AGENDA REPORT Ci t yofPoway
DATE:
TO:
FROM:
CONTACT:
March 3, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4530 or [email protected]
C ITY COUNCIL
SUBJECT: Second Reading and Adoption of Ordinance No. 880 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 February 17, 2026. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
DE HOFF, PIKUS, MAEDA, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 880.
Environmental Review:
None.
Fiscal Impact:
None.
March 3, 2026, Item #31 of 5
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, February 26, 2026. 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. 880
Reviewed/Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
March 3, 2026, Item #32 of 5
ORDINANCE NO. 880
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, City staff periodically conducts review of the Poway Municipal Code (PMC) and recommends amendments;
WHEREAS, the City Council of the City of Poway wishes to rescind rules regarding Councilmembers' physical presence on the dais during City Council meetings, which are no longer necessary; and
WHEREAS, the City Council of the City of Poway wants to removal all unconstitutional or otherwise unenforceable portions of the PMC when the chance arises.
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 delete Sections
2.18.190 and 2.18.200 in their entirety, 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 1Nho physically leaves the dais during any part of an item (including public comment) March 3, 2026, Item #3ATTACHMENT A3 of 5
Ordinance No. 880
111ithout 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: Section 2.18.160, subdivision (3)(b) of Chapter 2.18 (Meetings) of the PMC is hereby amended as follows (deletions in strikeout):
Each person addressing the Council shall speak into the microphone at the speaker's podium when the same is in use and, unless further time is granted by the Mayor, shall limit the address to three minutes, unless this three-minute time limit is reduced by the Mayor due to a large number of speakers. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No person shall address or question a Councilmember, the City Attorney, the City Manager or other official without the prior consent of the Mayor.
SECTION 4: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").
SECTION 5: 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 6: 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.
II
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II
II
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March 3, 2026, Item #34 of 5
Ordinance No. 880
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 17th day of February, 2026, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of March, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
March 3, 2026, Item #35 of 5