Article I — CITY COUNCIL MEETINGS

Editor's note— Ord. No. 94-10, adopted May 4, 1994, amended Art. I, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. I pertained to the city council. See the Code Comparative Table for a detailed analysis of inclusion of Ord. No. 94-10.

(f)

In addition to the provisions of this section, the presiding officer, with the consent of the city council, may invoke the remedies and procedures established by Government Code Section 54957.9.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 99-28, §§ 6, 7, 11-3-99)

(a)

Voting shall be conducted by the use of the voting light system installed in the council chambers. A red light designates a "No or Negative" vote, a green light designates a "Yes or Affirmative" vote, and a white light designates a vote to "Abstain."

(b)

The council may at any time, or from time to time, dispense with the use of the voting light system by voice vote of the majority. In such an event, voting shall be conducted by voice vote until such time as a determination is made to again use the voting light system, or some other system.

(c)

When the council is voting the voice vote, a negative vote shall be registered by the oral statement of "NO" by the council member voting. Affirmative vote shall be registered by the oral statement of "YES" or "AYE" by the council member voting.

(Ord. No. 94-10, § 2, 5-4-94)

If a council member has reason to believe he or she has a conflict of interest with respect to a governmental decision, he or she may give the full facts of the matter to the city attorney and request advice thereon. The request for advice should be submitted to the city attorney sufficiently in advance of the meeting to allow the city attorney a reasonable opportunity to analyze the facts stated and the applicable law and to seek appropriate assistance from the fair political practices commission. Any response by the city attorney shall be in writing, if time permits, and delivered to each council member before the meeting in question. Oral responses shall be stated on the public record. If a determination whether it is reasonably foreseeable that a financial interest would be affected by a governmental decision

depends on the advice of an appraiser or similar professional, except an attorney, the city attorney may retain such professional at city expense. Nothing in this section shall be deemed to preclude the member or the city attorney from seeking assistance or advice on a conflict of interest matter from the fair political practices commission.

(Ord. No. 94-10, § 2, 5-4-94)

Every council member should vote unless disqualified by reason of conflict of interest. A council member who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.

(Ord. No. 94-10, § 2, 5-4-94)3

(a)

Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action," and the matter voted upon remains before the council and is subject to further council consideration. If the city council is unable to take action on a matter before it because of a tie vote or the lack of the required number of votes, the city clerk shall place the item on the next regular meeting of the city council for further consideration. If after subsequent consideration, the vote remains tied or the requisite number of affirmative votes is not obtained, the vote shall be deemed to result in a failure of the pending motion or a denial of the requested action.

(b)

Subsection (a) shall not apply to votes in which all members of the city council participate, unless a member abstains for reasons other than a conflict of interest, or to votes on matters from which a council member is disqualified from participation by operation of state law, in which event a tie vote or vote lacking the requisite number of affirmative votes shall be deemed to result in a failure of the pending motion or a denial of the requested action.

(Ord. No. 94-10, § 2, 5-4-94)

A council member may change his or her vote only if a timely request to do so is made immediately following the announcement of the vote by the city clerk and prior to the time the next item in the order of business is taken up. A council member who publicly announces that he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw the abstention.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

A motion to reconsider any action taken by the council may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the council members who voted with the prevailing side. Nothing in this section shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the council.

(b)

A motion to rescind, repeal, cancel or otherwise nullify prior council action shall be in order at any subsequent meeting of the council and may be made by any council member. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect rights which may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Wherever by law the city council is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in this chapter. Nothing in this chapter shall prohibit or limit the city council from holding a public hearing on any matter before it, whether required by law or not, and nothing in this chapter shall prohibit or limit any member of the public from addressing the council in accordance with the procedures provided for in this chapter, irrespective of whether or not a public hearing is being held.

(b)

Public hearings shall be scheduled to begin at a time certain which shall be the hour the council convenes or such other time as may be stated on the agenda. The council shall hold public hearings in the order scheduled on the agenda at the time stated, or as soon thereafter as practicable. The presiding officer, with the consent of the council and for good cause, may alter the scheduled order of public hearings. Time certain public hearing items shall have priority over other matters set for consideration at a time certain. If the hearing is continued to a time less than twenty-four (24) hours after the time specified in the notice of such hearing a notice of continuance shall be posted immediately after the meeting on the council chamber doors.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The presiding officer shall announce that it is the time and place for a public hearing scheduled on the agenda.

(b)

Prior to all city council public hearings, copies of the council's agenda with attachments, including the staff report, if any, shall be available at the office of the city clerk at least twenty-four (24) hours prior to commencement of the hearing; provided, however, the council may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing.

(c)

The order of the hearing shall be as follows unless otherwise required by law:

(1)

Presentation of staff and/or advisory commission report.

(2)

Presentation by the city clerk of previously filed written correspondence or petitions.

(3)

Questions from the council.

(4)

Presentation by the applicant, if any.

(5)

Testimony of people in favor and people in opposition.

(6)

Rebuttal by applicant of facts presented during other testimony.

(7)

Further questions from council.

After rebuttal by the applicant, no further public testimony shall be permitted, except direct responses to questions by a council member if permitted by the presiding officer. The presiding officer may order the testimony of persons in favor or in opposition in any manner deemed appropriate by the presiding officer.

If the matter is on appeal from a decision of a city commission, the appellant shall speak before the applicant, if any, and shall be entitled to rebuttal after the applicant.

(d)

The provisions of section 2.1.29 for addressing the council shall apply to persons testifying at public hearings except that:

(1)

A written request to speak shall not be required, except for organized presentations referenced in this section (d)(5);

(2)

An applicant shall have twenty (20) minutes, including rebuttal time;

(3)

An appellant, if any, shall have twenty (20) minutes including rebuttal time;

(4)

Where there are two (2) or more applicants or appellants the total time afforded the parties, including rebuttal time, shall be thirty (30) minutes divided equally between the parties, or divided as the parties mutually agree.

(5)

To facilitate organized presentations, a representative of a group of persons may submit a request to speak on behalf of the group. The representative must identify the group and list not fewer than four (4) members of the group who must be present when the item is called and all members of the group must remain present for the duration of the organized presentation. The presentation on behalf of the group shall not exceed ten (10) minutes.

(e)

The presiding officer may, with the consent of the council, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, set longer or shorter time limits than otherwise allowed by this chapter.

(f)

If a public hearing cannot be reasonably concluded in light of other business to be conducted and the number of persons desiring to present testimony, the hearing may be continued to another date or dates by the presiding officer.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 99-28, § 8, 11-3-99; Ord. No. 23-OR0764-1, § 3, 11-15-2023)

(a)

During the public hearing, the council shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The presiding officer, or any member of the council through the presiding officer, may require the city clerk to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the presiding officer or any member of the council, the oath is necessary. Evidence received at public hearings provided for in this ordinance shall be relevant and material to the issues before the council; provided, however, that the rules of evidence as established by law for judicial proceedings in the State of California shall be substantially relaxed in order to

afford a full presentation of the facts essential for judicious consideration by the council of the matter which is the subject of the public hearing. Failure on the part of the city council to strictly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. The council may order the city clerk to issue and the chief of police or his representative to serve subpoenas for attendance of any witnesses or for production of any records at a council meeting with respect to any duly scheduled hearing.

(b)

If there is a staff report, it shall be considered as evidence and shall become part of the record of a public hearing. Such report need not be read in full as part of the staff presentation. A synopsis of such report may be presented orally by staff members to the council. In addition, any of the following may be presented to the city council and, if presented, shall also become part of the record:

(1)

Exhibits and documents used by the city staff and any persons participating in the hearing;

(2)

Maps and displays presented for use at the hearing; provided that, whenever practicable, they shall be displayed in full view of the participants and the audience;

(3)

All communications and petitions concerning the subject matter of the hearing; provided that, a reading of such matters only shall be had at the request of a council member;

(4)

Information obtained outside the council chambers, such as a view of the site, provided such information, to the extent it forms the basis for findings in a quasi-adjudicative matter, shall be disclosed for the record.

(c)

All exhibits, reports, maps and other physical evidence placed before the council shall be retained by the city clerk. Such exhibits may be released by the clerk with the approval of the city attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting the item provided that a photographic or videotape record of the item is retained by the city clerk.

(Ord. No. 94-10, § 2, 5-4-94)

At any time that it appears to the presiding officer, or a majority of the council through the presiding officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the council at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, the applicant's opponents, or the city staff adequate time to assemble

additional evidence for the council's consideration. Any continuation ordered by the council through its presiding officer shall be to a date certain, which said date shall be publicly announced in the council chamber and shall constitute notice to the public of the time and place that further evidence will be taken. A public hearing may be continued in the event the matter is to be returned to the planning commission for further consideration. In this event, the presiding officer shall publicly state in open council meeting the fact that the matter has been returned to the planning commission for consideration and that the council hearing will be continued to a date certain. The public announcements provided for in this section shall constitute notice to the applicant and/or appellant and to all members of the public of the time and place when further evidence will be taken by the council. The council shall also have the option to set the matter to a hearing de novo.

(Ord. No. 94-10, § 2, 5-4-94)

When neither the applicant, public members in attendance, nor the city staff have further evidence to produce, or when, in the opinion of a majority of the council or of the presiding officer with the consent of the council, sufficient evidence has been presented, the presiding officer shall order the public hearing closed, at which time no further evidence, either oral or written, will be accepted by the council; provided, however, that this rule may be relaxed by the presiding officer or a majority of the council through the presiding officer where it appears that good cause exists to hear further evidence concerning the matter which is the subject of the public hearing.

(Ord. No. 94-10, § 2, 5-4-94)

A public hearing on any matter once closed cannot be reopened on the date set for hearing unless the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the council. No public hearing may be reopened without due and proper notice being given to the applicant and his or her opponents designating the time and place of said reopening.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The city council shall consider all evidence properly before them in accordance with this chapter. Unless the documents are presented as part of the staff report, the council shall then indicate its intended decision and instruct the city attorney to return with the documents necessary to effect that decision including findings as may be appropriate to the matter. Upon return of such documents, the council shall determine if the findings are supported by the evidence before it at the hearing, and if the decision is supported by the findings, and after making any changes render its decision by taking action on the documents. The city council's decision is not final until approval of the documents.

(b)

A council member who was absent from all or a part of a public hearing on matters for which a public hearing is required by law shall not participate in a decision on the matter unless he or she has examined all the evidence including listening to a recording of the oral testimony and can represent that he or she has a full understanding of the matter.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

A motion is the formal statement of a proposal or question to the council for consideration and action. Every council member has the right to present a motion. A motion is generally not to be considered as a legislative or quasi-judicial action of the council, but is in the nature of direction or instruction; however, a motion will generally suffice unless a resolution or ordinance is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. Resolutions or ordinances may be introduced or adopted by appropriate motion.

(b)

If a motion contains two (2) or more divisible propositions, the presiding officer may divide the same.

(c)

If a motion is properly made, the presiding officer shall call for a second. No further action is required on a motion which does not receive a second.

(d)

When a motion is made and seconded, it shall be restated by the presiding officer, or the city clerk upon request by the presiding officer, before a vote.

(e)

A motion once before the council may not be withdrawn by the maker without the consent of the second.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

When a main motion is before the council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:

(1)

Adjourn;

(2)

Recess;

(3)

Table;

(4)

Previous question (calling the question);

(5)

Limit or extend debate;

(6)

Refer to committee or staff;

(7)

Amend;

(8)

Postpone;

(9)

Main motion.

(b)

The order of preference in subsection (a) is subject to the following restrictions:

(1)

A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening council action or discussion. A motion shall not be in order to revive a previously motion previously defeated at the meeting, or to rescind or otherwise change the nature of a motion previously approved at the meeting, unless a motion to reconsider is first made and approved.

(2)

A motion shall not be in order when the previous question has been ordered.

(3)

A motion shall not be in order while a vote is being taken.

(4)

A motion shall not be in order when made as an interruption of a council member while speaking.

(Ord. No. 94-10, § 2, 5-4-94)

The purpose and salient criteria of the motions listed in section 2.1.45 is as follows:

(1)

Motion to adjourn:

(A)

Purpose. To terminate a meeting;

(B)

Debatable or amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.

(2)

Motion to recess:

(A)

Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meting.

(B)

Debatable or amendable. Yes, but restricted as to time for continuing the meeting.

(3)

Motion to table:

(A)

Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be taken up again for consideration during the current meeting or at the next regular meeting;

(B)

Debatable or amendable. It is debatable but not amendable.

(4)

Motion for previous question ("calling the question"):

(A)

Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions;

(B)

Debatable or amendable. No.

(5)

Motion to limit or extend debate;

(A)

Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion;

(B)

Debatable or amendable. Not debatable; amendments are restricted to period of time of the proposed limit or extension.

(6)

Motion to refer to committee or staff:

(A)

Purpose. To refer the question before the council to a committee or to the city staff for the purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails, discussion or vote on the question resumes.

(B)

Debatable or amendable. Yes.

(7)

Amend:

(A)

Purpose. To modify or change a motion that is being considered. An amendment may be in any of the following forms: to "add" or "insert" certain words or phrases; to "strike out certain words or phrases and to add others"; to "substitute" certain words, phrases or actions on the same subject matter as the one pending; to "divide the question" into two (2) or more questions so as to get a separate vote on particular points. A motion to amend shall relate to the subject of the main motion. A motion to amend by substitution shall not be used to change the nature of the main motion. If the motion to amend passes, then the main motion should be voted on as amended;

(B)

Debatable or amendable. It is debatable unless applied to an undebatable main motion. It is amendable. A motion to amend an amendment is not further amendable.

(8)

Motion to postpone (continue):

(A)

Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion fail, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not be brought up again until the specified date or event;

(B)

Debatable or amendable. It is debatable but not amendable.

(9)

Main motion:

(A)

Purpose. The primary proposal or question before the council for discussion and decision;

(B)

Debatable or amendable. Yes.

(Ord. No. 94-10, § 2, 5-4-94)

All legislative action undertaken by the city council shall generally be by means of an ordinance or resolution. Legislation of a permanent nature which is to remain in force until amended or repealed, which establishes rights and obligations and the failure to comply with which may result in a penalty, shall be by ordinance.

(Ord. No. 94-10, § 2, 5-4-94)

All ordinances shall be prepared or approved by the city attorney. No ordinance shall be presented to the council unless the city attorney has approved the ordinance.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The first item of business on the consent calendar shall be a motion to waive the reading of the text of ordinances after the reading of the title. If that motion passes unanimously then ordinances presented at the meeting. for introduction or adoption shall not be read in full unless, after the reading of the title a reading of the text is requested by a majority of the council. If a majority of the council members so request, the ordinance shall be read in full.

(b)

After the reading of the title, an ordinance may be introduced by a motion approved by the affirmative vote of three (3) members of the council.

(c)

When an ordinance is altered after introduction, it shall be re-introduced prior to adoption. Correction of typographical or clerical errors are not alterations within the meaning of this subsection.

(d)

Not sooner than five (5) days after introduction, an ordinance shall be returned to the city council for consideration of adoption. Adoption shall be by motion approved by the affirmative vote of at least three (3) members of the council.

(e)

The city attorney is designated as the official responsible for preparing summaries of ordinances or approving summaries prepared by the city clerk. When requested by the city clerk, the city attorney shall prepare a summary of an ordinance for publication pursuant to the provisions of Government Code Section 36933. If approved by the city attorney, the title of an ordinance may serve as the summary.

(f)

The provisions of this section are intended to supplement the provisions of California Government Code Section 36931 et seq. relating to enactment of ordinances. Urgency ordinances may be adopted at the time of introduction pursuant to the provisions of the Government Code.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

In most cases, a resolution is little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding, general plan amendment or the granting or denial of variances, a resolution is required. A resolution should be required under any circumstances where it is desirable that the action be formally recorded in the office of the city clerk as a numbered document which can be used for future reference. Legislative actions as set forth in section 2.1.50 should be by ordinance or resolution.

(b)

Resolutions appropriating or ordering the payment of money shall be adopted only upon the affirmative vote of at least three (3) members of the council.

(c)

Resolutions fixing the rate of taxes to be levied or the amount of revenue required to be raised by taxation shall be published in the same manner and within the same time as ordinances are required to be published.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Where a particular resolution has been prepared and is before the council, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full, provided it is identified by the presiding officer. Upon request of a majority of the quorum a resolution shall be read in full.

(b)

Where a particular resolution has not been prepared, a motion to direct the city attorney to prepare the document and return it to the council is in order.

(c)

Where necessary, a resolution may be presented verbally in motion form together with instructions for written preparation. Upon preparation and execution of such a resolution, it shall become an official action of the council without the need for further city council action.

(Ord. No. 94-10, § 2, 5-4-94)

Upon occasion, ordinances or other documents are submitted in draft form, or on the spot amendments occur, or typographical or other technical errors are found which necessitate retyping of the document; such redraft, when properly executed, shall become the original document, to be effective and to be retained in the files of the city clerk.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The provisions of this chapter are intended to supplement the provisions of the Ralph M. Brown Act with respect to matters not covered by the Act or which are the subject of local regulation under the Act. To the extent of any conflict between the provisions of this chapter and the Act, the provisions of the Act shall prevail.

(b)

If a matter arises at a council meeting which is not covered by this chapter or applicable provisions of federal or state law or the Oceanside City Code, the latest revised edition of Robert's Rules of Order may be used as a guide for resolution of the particular procedural issue raised to the extent that such rules are applicable to meetings of a legislative body of a city.

(c)

The city clerk shall provide a copy of this chapter and of the Ralph M. Brown Act to each member of the city council and to each person elected to serve as a member of the city council who has not assumed the duties of office.

(Ord. No. 94-10, § 2, 5-4-94)

at meetings.

(a)

The city manager, or his or her designated representative, is authorized to open and examine all mail or other written communications addressed to the city council, except correspondence addressed to individual council members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring city, council action may be acted upon between council meetings; provided, that all communications and any action taken pursuant thereto shall be reported to the city council. The city manager may keep, distribute, copy or direct the keeping, distribution, or copying of such mail or other written communications as the manager deems necessary or appropriate for the efficient conduct of city business.

(b)

The city manager's office and city clerk's office shall coordinate with respect to mail received by the city clerk's office in order to effectively accomplish the purposes of this section.

(c)

Correspondence concerning a matter on an agenda for consideration by the council, and received by the city manager's office or city clerk's office prior to twelve noon of the day before delivery of agenda packages to city council members, shall be made a part of the agenda item package. A copy of correspondence received after that time shall be delivered to each council member as soon as feasible before the meeting, or at the meeting, and a copy shall be filed with the city clerk as soon as practicable after receipt. Such correspondence shall be a part of the record of the meeting, but generally shall not be read aloud at a council meeting unless directed by the mayor with the consent of the city council. Correspondence delivered to the city clerk, or to members of the city council, at a meeting shall be part of the record; upon request by any member of the city council such correspondence may be read aloud or paraphrased by the city clerk in lieu of oral testimony by the person submitting the letter. In the preparation of the record of a meeting, the city is not required to keep duplicate copies of a document.

(d)

Correspondence requiring or requesting council action on a subject matter within its jurisdiction shall be placed on an agenda as soon as practicable, together with a report and recommendation from the city manager.

(e)

The city manager may establish administrative policies to implement the provisions of this section.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Routine correspondence addressed to the city council which is received by individual council members, the city manager, the city clerk or any other officer or employee of the city shall not be a matter of public record unless it is received and filed by the council or any member thereof at a regular, special, or adjourned meeting of the council or is kept and used by the city in the course of city business.

(b)

Correspondence received by the mayor or individual members of the city council containing evidence relevant to an administrative or quasi-judicial hearing shall be delivered by the member to the city clerk for distribution to all members of the city council at or before the hearing. Petitions of residents received by the mayor or members of the city council relating to matters scheduled for a city council meeting shall be delivered to the city clerk upon receipt for distribution to the city manager and other members of the city council.

Compliance with this section shall not be necessary with respect to correspondence or petitions that indicate distribution to all members of the city council.

(c)

Nothing in this section shall be construed to require distribution of other correspondence or disclosure of information protected by the deliberative process privilege.

(Ord. No. 94-10, § 2, 5-4-94)

In order to assure timely compliance with Government Code Section 54957.5 agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of the legislative body of the city by a member of the city staff, or by the a member of the city staff on behalf of any person, in connection with a matter subject to discussion or consideration at a public meeting of the body, shall be simultaneously provided to the office of the city clerk and made available for public review at the clerk's office. This section shall not apply to any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7 of the Government Code.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

No member of the city council, city officer or employee of the city or any other person present during a closed session of the council shall disclose to any person the content or substance of any information presented or discussion which took place during the closed session unless the city council first authorizes the disclosure of such information by the affirmative vote of three (3) members.

(b)

Except when disclosure is mandated by state or federal law, no member of the city council, officer or employee of the city or any other person shall disclose to any person the content or substance of any confidential or privileged communication relating to matters of city business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed or understood, unless the disclosure is first authorized by the affirmative vote of three (3) members of the city council.

(c)

Subsections (a) and (b) shall not apply to:

(1)

Confidential disclosures to other officers or employees of the city;

(2)

Disclosures to members, officers or employees of other governmental agencies, where the disclosure is in confidence and is necessary for furtherance of official city business;

(3)

Disclosures necessary to report a crime or violation of law to a responsible enforcement agency;

(4)

Disclosures by the city attorney, city manager or the city's designated negotiators when such disclosures are deemed necessary by such person to accomplish the official business of the city pursuant to directions obtained during the closed session.

(d)

Pursuant to Government Code Section 1098, no member of the city council or officer or employee of the city shall use confidential information received in the course and scope of their office or employment, for private financial gain. Such use of confidential information constitutes a violation of Government Code Section 1098, a misdemeanor.

(e)

Members of the city council who violate subsections (a) or (b) may be subject to censure upon the affirmative vote of three (3) members of the city council.

(f)

Other officers or employees of the city who violate subsections (a) or (b) may be subject to disciplinary action by the appointing authority.

(Ord. No. 94-10, § 2, 5-4-94)

The city manager shall maintain a council policy manual to contain such written policies as the council may adopt. The purpose of council policies are to indicate how the council intends to rule in the future on particular matters of a recurring nature which are subject to their discretion. Policies shall be numbered and dated and shall remain in effect until rescinded.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The failure to strictly observe the procedural provisions of this article shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law so long as the requisite number of council members have agreed to the particular action. To the extent that this article establishes requirements that are more restrictive than the Ralph M. Brown Act, or other provisions of state statute applicable to meetings of the city council, the provisions of this article shall prevail.

(b)

A failure on the part of any person to register a timely objection of an alleged violation of the procedures of this article shall constitute a waiver of all such objections. An objection shall be deemed timely only if it is made during the meeting, proceeding or public hearing to which the alleged violation relates. Nothing in this section shall preclude the city council from taking any action deemed appropriate by the council to cure a violation or alleged violation of the procedures of this article that is brought to its attention.

(c)

The procedural provisions of this article establishing duties of city officers or employees are directory in nature and shall not be deemed to create a mandatory duty the breach of which could result in liability to the city or to the officer or employee pursuant to state statute or other law.

(Ord. No. 94-10, § 2, 5-4-94)

Where no specific appeals procedure exists for an appeal, any decision of a commission, committee or person which substantially affects the rights, duties or privileges of an aggrieved person, such decision may be appealed to the city council by filing a written notice of appeal with the city clerk within ten (10)

calendar days of the date of the decision. Fees, if any, for filing an appeal shall be established by resolution of the city council. The decision of the city council shall be final.

(Ord. No. 94-10, § 2, 5-4-94)

Whenever the requirements of this Code or other law require that hearings with regard to a particular matter be conducted pursuant to a specific procedure, the provisions of the law establishing the requirements shall prevail over this chapter to the extent of any inconsistency.

(Ord. No. 94-10, § 2, 5-4-94)

Whenever any law requires that testimony presented to the city council be under oath or affirmation, the persons presenting such testimony shall be sworn in by the city clerk or the mayor.

(Ord. No. 94-10, § 2, 5-4-94)

board of directors, planning commission and other duly appointed city commissions.

(a)

The provisions of this chapter shall apply to the meetings of the Oceanside Community Development Commission and the Small Craft Harbor District Board of Directors except that the time and date of the regular meetings shall be established by resolution of the respective bodies, and except that the reference to the city council, city manager, or city attorney shall be a reference to the city council as members of the respective legislative body, the city manager as executive director or chief executive officer of the appropriate entity, and the city attorney as general counsel of the appropriate entity.

(b)

The provisions of sections 2.1.28, 2.1.29 and 2.1.30 shall apply to the meetings of the planning commission and any other duly appointed city commission except that the reference to the members of the city council or to the presiding officer shall mean the members of the commission or to its presiding officer.

(Ord. No. 94-10, § 2, 5-4-94)

Sec 2.1.64. - Appointments to city boards, commissions or committees.

(a)

Except as otherwise provided by statute, the appointments of members to city boards, commissions or committees shall be made according to procedure established by this section.

(b)

The city clerk is directed to prepare and maintain the local appointments list and to file the list at the Oceanside Public Library and each branch thereof. The city clerk is also directed to prepare, maintain and post in the office of the city clerk and the Oceanside Public Library and each branch thereof notices of unscheduled vacancies as provided by Government Code Section 54974.

(c)

Applications for appointment to a city board, commission or committee shall be filed with the city clerk on a form provided by the clerk. Applications shall be active for one year.

(d)

Whenever the mayor intends to make an appointment to fill a scheduled or unscheduled vacancy in a city board, commission, or committee, the mayor shall give written notice to the city clerk and city council. The city clerk shall forthwith provide to the mayor and to each member of the city council all active applications filed with the clerk for appointment to the position or positions stated in the notice from the mayor. The mayor shall not make an appointment until after the passage of fourteen (14) days from the date the mayor delivers the notice of intent to the city clerk and city council. Any member of the council may make recommendation to the mayor regarding an appointment. Appointments shall be made only at a regular or adjourned meeting of the city council. The mayor shall provide to the council the name of the nominee at least seventy-two (72) hours before the meeting at which the appointment will be considered by the city council. Appointments by the mayor are subject to the approval by the city council, including the mayor.

(e)

If an alternate has been appointed to a board, commission or committee, a vacancy may be filled by an alternate, on an acting basis, until a permanent appointment is made pursuant to this section.

(f)

Upon the expiration of a regular appointment, a member whose term has expired may continue to serve until the member's successor is appointed.

(g)

The mayor shall present his or her nominations for all regional boards and commissions for the next year at the second city council meeting in December. The mayor's nominations shall be subject to confirmation by majority vote of the entire city council, including the mayor. If the mayor's nominee to a regional board or commission is rejected by majority vote of the entire city council or if the mayor does not submit nominations in the times prescribed in this section, any council member may thereafter present a nomination for appointment to a regional board or commission at a properly noticed meeting, subject to confirmation by majority vote of the entire city council, including the mayor. The city's representative to a regional board or commission may be recalled by majority vote of the entire city council, including the mayor, for any reason at a properly noticed city council meeting. Vacancies on a regional board or commission created by the recall of the city's representative may be filled by nomination of the mayor or any council member, subject to confirmation by majority vote of the entire city council, including the mayor.

(Ord. No. 97-20, § 1, 11-5-97; Ord. No. 98-26, §§ 1, 2, 8-19-98; Ord. No. 08-OR0123-1, § 1, 3-19-08; Ord. No. 13-OR0042-1, § 1, 1-16-2013; Ord. No. 23-OR0697-1, § 1, 10-4-2023)

(a)

The mayor shall appoint a council member to the position of deputy mayor at the second regular council meeting in December of each year. The mayor's appointment shall be subject to confirmation by majority vote of the entire city council, including the mayor.

(b)

The deputy mayor shall preside over city council meetings in the absence of the mayor. The deputy mayor shall serve as vice-chair of the community development commission and vice-president of the harbor board of directors.

(Ord. No. 13-OR0209-1, § 1, 4-3-2013; Ord. No. 15-OR0007-1, § 1, 1-7-2015; Ord. No. 23-OR0697-1, § 2, 10-4-2023)

Secs. 2.1.66—2.1.69. - Reserved.