Sec. 2.1. - Regular meetings.

(a)

The city council shall hold regular meetings at a date and time established by city council resolution in the council chambers at City Hall, 300 North Coast Highway, Oceanside, California.

(b)

When the day for any regular meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the city council.

(c)

The city council may hold adjourned or special meetings at such other place as may be established in the notice of the adjourned or special meeting. In event of an emergency, meetings may be held at any place

designated pursuant to section 2.1.2.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 99-28, § 1, 11-3-99)

Special meetings may be called at any time by the mayor, or by three (3) members of the city council, directing the city clerk to prepare and to deliver personally or by mail written notice of the special meeting to each council member and to each local newspaper of general circulation, radio or television station having filed written request for such notice. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall also be posted at least twenty-four (24) hours prior to the special meeting on the public information kiosk located in City Hall. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any council member who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any council member who is actually present at the meeting at the time it convenes. The city clerk shall give the notices required by this section upon direction by the mayor or the members of the council calling the special meeting.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Notwithstanding anything in this Code to the contrary, the city council may hold an emergency meeting pursuant to and in accordance with the provisions of Section 54956.5 of the California Government Code.

(b)

If by reason of fire, earthquake, flood or other emergency, it is unsafe to meet in the council chambers, the meetings may be held for the duration of the emergency at a place designated by the mayor, or deputy mayor if the mayor is unavailable, or if he or she fails, or be unable, to act, by the city manager. Notice of the meeting place shall be given to the members of the city council, the city manager, the city attorney, the city clerk and to the local media that have filed with the city clerk a written request for notice of special meetings, by the most rapid means of communication available at the time. The failure of a person to receive notice shall not affect the jurisdiction of the city council.

(Ord. No. 94-10, § 2, 5-4-94)

All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the mayor by a simple declaration thereof in the absence of a protest by any council member. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this article. If a quorum is not present, less than a quorum may adjourn a meeting. If all

members of the council are absent, the city clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in section 2.1.1 for special meetings. When any meeting is adjourned, the city clerk shall post notice of such adjournment on the council chamber door within twenty-four (24) hours after the time of the adjournment, unless sooner notice is required by law. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting meeting is a regular meeting for the purpose of transacting business.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

All meetings of the city council shall be open to the public provided, however, the city council may hold closed sessions pursuant to state law.

(b)

City council members who are disqualified from participation with respect to a matter to be discussed in closed session shall be excluded from the closed session and shall not knowingly receive any confidential communications with respect thereto.

(Ord. No. 94-10, § 2, 5-4-94)

All meetings shall be held within the boundaries of the City of Oceanside except when a meeting outside the city boundaries is authorized by Government Code Section 54954(b) or (d). If a meeting is to be held outside of the boundaries of the city, the posted agenda or notice calling the meeting shall state the place of the meeting and the statutory ground for the meeting outside of the city.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Three (3) members of the council shall constitute a quorum for the transaction of business. Motions may be passed by a majority of the quorum, but ordinances and resolutions granting franchises or authorizing the payment of money require at least three (3) affirmative votes. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor, deputy mayor or any member of the council, in the absence of the mayor or deputy mayor, shall adjourn such meeting, or if no member of the council is present, the city clerk shall adjourn the meeting.

(b)

When a member of the council is disqualified due to a financial conflict of interest from making, participating in making or using his or her position to influence a governmental decision, his or her presence shall not be considered in determining the presence of a quorum, with respect to the particular

governmental decision. If disqualification due to a financial conflict of interest reduces those in attendance to less than a quorum, the meeting need not be adjourned but, without need for any formal action by the council, consideration on the item shall be deferred or continued until a quorum is present of council members without disqualifying conflicts of interest. If more than a quorum of the city council are disqualified because of a conflict of interest, then the city clerk shall determine by lot from among the disqualified members the member or members who will be permitted to participate in order to achieve a quorum. This subsection shall be applied in a manner which is consistent with Government Code Sections 1090 et seq. and Government Code Sections 81000 et seq. and any regulations lawfully adopted pursuant thereto.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The city manager shall prepare an agenda for each council meeting. Items of business may be placed on the agenda at the direction of a member of the council, the city manager or the city attorney.

(b)

The agenda shall contain information relating to the time and place of the meeting, the order of business and a brief general description, including the specific action requested to be taken by the council, of each item of business to be transacted or discussed at the meeting. The description of items to be discussed in closed session may be done by substantially complying with the provisions of Government Code Section 54954.5. The agenda shall also contain information relating to special services available to persons with disabilities to permit those persons to participate in city council meetings. The agenda may contain other information deemed necessary by the city manager or city attorney.

(c)

The agenda may indicate a time certain for consideration of an item. Council members may request a time certain by filing a written request with the mayor which request will be accommodated to the extent feasible in light of the business to be conducted. If a time certain is indicated, consideration of the item shall not occur before the specified time, but may be commenced after the specified time. It is the policy of the city, that evening public hearings be set to commence at 6:00 p.m. upon the occurrence of any of the following: receipt by the city manager of a written petition signed by ten (10) city residents; a recommendation by the planning commission; a written request to the mayor signed by a member of the city council. A request for an evening public hearing shall be filed at least fifteen (15) days before the time and date of the public hearing if the notice period is ten days, or at least twenty (20) days before the hearing if the notice period is fifteen (15) days.

(d)

The city manager shall be responsible for establishing the process for preparation of the agenda, agenda reports, and packets or books of documents relevant to matters of business listed on the agenda. All items listed on the agenda of a regular or special general business meeting shall have a corresponding staff report included in the agenda packet except for presentation items, oral or written communications from

the public, closed session items or items placed by a member of the city council under city council items; staff reports for workshop or study session meetings may be prepared at the discretion of the city manager. The agenda packet shall include all written material delivered, or to be delivered, to all or a majority of the city council members with respect to an item listed on the agenda. The agenda and agenda packet shall be delivered to the council members on the Friday preceding the regular meeting or such earlier time as the manager deems appropriate. The agenda packet shall be made available to the public as soon thereafter as practicable. In order to facilitate public access to the agenda packet, the city clerk shall place a copy of the agenda packet for public inspection in the office of the city clerk and at the main and branch city libraries.

(e)

Before presentation to the city manager for inclusion on an agenda, all ordinances, resolutions and contract documents shall have been approved as to form and legality by the city attorney or the city attorney's authorized representative.

(f)

Before presentation to the city council, all agenda items requesting action, other than agenda items placed by the city attorney, shall have been examined and approved for administration by the city manager or the manager's representative, where there are substantive matters of administration involved. The city manager may refer any agenda item to the city attorney for a report and recommendation, before the matter is placed on an agenda.

(g)

The city manager or city clerk, or an employee designated by the manager or clerk, shall post the agenda on a publicly accessible place at city hall at least seventy-two (72) hours before a regular council meeting. The person posting the agenda shall prepare and file with the city clerk a signed declaration of the time and place of posting and a certified copy of the posted agenda. Except as provided in subsection (j) of this section, no business shall be transacted or matter discussed at the meeting on any item not appearing on the posted agenda. Questions for clarification, providing a reference to staff or other resources for factual information, or directions by the mayor or the council to refer a matter to staff for a report or to place a matter on a future agenda shall not constitute prohibited action or discussion.

(h)

The order of business established on the agenda shall be followed unless the presiding officer permits a matter to be taken out of the regular agenda order. The city manager at the time of preparation of the agenda may indicate, or the presiding officer at a meeting may establish time limits for consideration of any agenda item in order that city business is conducted in an orderly manner with due regard for public input. The time period for proclamations and special presentations shall be limited to fifteen (15) minutes unless extended by majority vote of the city council.

(i)

An agenda shall be prepared and posted for adjourned meetings in the same manner as for regular meetings, unless the adjourned meeting is five (5) days or fewer days from the date of the original meeting

and the items considered are limited to those listed on the agenda of the prior meeting. If the matters to be considered at an adjourned meeting are limited to those stated on the agenda of the prior meeting, then the agenda of the prior meeting may suffice as the agenda for an adjourned meeting.

(j)

The city council may discuss or take action on items of business not appearing on the posted agenda under any of the following conditions:

(1)

An item has been continued by the council to a date certain from a properly posted agenda at a meeting held five (5) days or less before the date action is taken on the item;

(2)

Upon a determination by a two-thirds (⅔) vote of the council, or if less than two-thirds (⅔) of the members are present a unanimous vote of those present that there is a need to take immediate action and that the need for action came to the attention of the city after the agenda was posted;

(3)

Upon a determination by a majority vote of the council that an emergency exists. For purposes of this paragraph "emergency" means a crippling disaster, work stoppage or other activity which severely impairs public health or safety where prompt action is necessary due to the disruption or threatened disruption of public facilities.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 95-05, § 1, 3-15-95)

duties; city clerk duties.

(a)

The city clerk shall give the mailed notice of regular and special meetings as required by Government Code Section 54954.1. The city clerk shall charge an annual fee in an amount determined by the clerk to reasonably cover the cost of preparing, copying and mailing the notice.

(b)

The city manager shall mail an agenda to each person who has filed a request therefore. The agenda may be mailed at the time the agenda is posted. Written requests shall be valid for one year and shall be filed within ninety (90) days after January 1 of each year. The city manager shall charge an annual fee in an amount determined by the manager to cover the reasonably estimated cost of copying and mailing the agenda. The inadvertent failure of the manager to mail an agenda, or the failure of any person to receive the agenda, shall not deprive the city council of jurisdiction or constitute grounds to invalidate any action.

(c)

The city clerk shall be responsible for the posting of all notices required by this chapter or by the Ralph M. Brown Act, unless otherwise specifically stated in this chapter.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The mayor or, in the mayor's absence, the deputy mayor is the presiding officer at all meetings of the city council. If the mayor or deputy mayor are both absent from a meeting, the remaining members shall choose a temporary presiding officer for the meeting. Upon the arrival of the mayor or the deputy mayor, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the council. Whenever the term "presiding officer" or "mayor" is used in this chapter, and the mayor is absent, it shall apply equally to the deputy mayor, and if the deputy mayor is also absent, to the presiding officer elected pursuant to this section.

(b)

The presiding officer is not deprived of any of the rights and privileges of a council member by reason of being the presiding officer. The presiding officer may move, second, debate, and vote from the chair.

(c)

The presiding officer shall be responsible for the maintenance of order and decorum at all meetings. The presiding officer shall decide all questions of order and procedure, under this chapter or the Ralph M. Brown Act subject, however, to an appeal to the council. Any council member may as a point of personal privilege request that the presiding officer enforce the rules of procedure, order and decorum.

(d)

Any member of the city council may appeal any direction, instruction or determination of the presiding officer regarding order or procedure to the city council for a determination, in which case the matter shall be determined by the majority of the quorum, including the presiding officer.

(e)

Prior to any final ruling on a matter of order or procedure, the presiding officer or any member of the city council may request the assistance of the city attorney regarding the matter.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

General business sessions. General city business may be conducted at regular, special or emergency meetings or at adjourned regular, special or emergency meetings.

(b)

Workshop sessions. The city council may from time-to-time hold workshop session meetings. The general purpose of workshop sessions is to receive public testimony on a specific topics or topic. Notwithstanding anything in this article to the contrary, the presiding officer, with the consent of the city council, may suspend the rules otherwise applicable to public comment or establish special rules as may be appropriate for circumstances of each workshop session, provided however that the rules for decorum shall be observed. Public comments at a workshop session shall be limited to the specific topics on the agenda. A workshop session may be held at the same meeting as a study session. Action may be taken at a workshop meeting.

(c)

Study sessions. The city council may from time-to-time hold study session meetings. The general purpose of study sessions is to permit presentations to the city council by city staff and/or discussions among the city council members. No action shall be taken during a study session, except that the city council may direct the city manager or city attorney to place a particular matter on the agenda for a future general business or workshop meeting for further consideration. Public input shall be limited to the subject or specific topics on the agenda. The city council may establish reasonable time limits for public input through city council policy or resolution.

(d)

At the time set forth for each regular meeting, each member of the city council, the city manager, city clerk, city attorney and such department heads or others as have been requested to be present shall take their regular places in the council chambers. The business of the council shall be conducted in substantially the order and in the manner provided on the agenda, and shall include an appropriate number of recesses, including a lunch and dinner recess. The presiding officer shall endeavor to conduct the meeting in an orderly, even-handed and businesslike manner.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 95-05, § 2, 3-15-95; Ord. No. 01-411-1, § 1, 7-11-01)

The mayor or in his or her absence the deputy mayor shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor and deputy mayor, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the council members present.

(Ord. No. 94-10, § 2, 5-4-94)

Before proceeding with the business of the council, the city clerk shall call the roll of the council members and the names of those present shall be entered in the minutes.

(Ord. No. 94-10, § 2, 5-4-94)

Unless the reading of the minutes is requested by a majority of the quorum, the minutes may be approved without reading if the clerk has furnished each member of the council with a copy thereof before the meeting. If the minutes have not been so distributed, approval of those minutes shall automatically be deferred to the next meeting.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The minutes of the council meetings, except closed sessions, shall be kept by the city clerk. The minutes shall be a record of each particular type of business transacted or discussed but the city clerk shall not be required to make a verbatim transcript of the proceedings.

(b)

A council member may request the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If there is no objection from any member of the council, such statement shall be entered in the minutes.

(c)

The city clerk shall not be required to keep detailed minutes of study session meetings; the record of the meeting may be a brief summary stating whether the meeting was held and the agenda topics that were discussed.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 95-05, § 3, 3-15-95)

As soon as possible after each meeting, the city clerk shall furnish a copy of the minutes to each council member, the city manager, city attorney, and any other individuals designated by the city manager.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

The city clerk shall tape record city council meetings as an aid in the preparation of the minutes. Pursuant to Government Code Section 54953.5 the tape recordings shall be kept for thirty (30) days or until the minutes to which they relate are prepared and approved, whichever is later. Thereafter, pursuant to Government Code Section 54953.5 and without further compliance with Government Code Section 34090, the city clerk may reuse or erase such tape recordings unless the city council, city manager or the city attorney have directed otherwise as to certain recordings.

(b)

While the city clerk has the tape recordings in the clerk's possession, the tape recordings shall be subject to inspection pursuant to the California Public Records Act. Members of the public may hear tape recordings of the city council meetings during office hours when it will not inconvenience the ordinary operation of the clerk's office. Mechanical recordings may be made from the tapes under procedures established by the city clerk. The city clerk shall allow city tape recording or playing machines to be used by the public, free of charge, for listening or recording purposes when such machines are not necessary for use by the city clerk in the ordinary function of the office. Except as provided for in Chapter 1, section 1.10, of this Code, or unless a request to prepare a transcript is timely submitted, and accepted and an appropriate fee paid therefor, the city clerk is not authorized to provide a written transcript of any tape recording. The city clerk is authorized to adopt administrative rules, regulations or procedures for the implementation of this section, including without limitation procedures to safeguard the tape recordings against theft, mutilation or accidental damage, to prevent inspection or recording from interfering with the orderly function of the office, and to ensure that the integrity of the records is maintained. Except as otherwise prohibited by law, the city clerk may charge a fee sufficient to cover and which does not exceed the cost, including labor and materials, of, but not limited to, providing records and administering this provision.

(c)

If any person desires to have a matter reported by a stenographer reporter, the person may employ one directly at his or her expense. The city clerk may make reasonable accommodations in order to assure such reporter is seated in such a position at the meeting as to permit accurate recording of the proceedings.

(d)

Any person may film, video tape, photograph or audio tape a city council meeting in the absence of a reasonable finding by the city council that the recording cannot continue without noise, illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. City council meetings may be broadcast or cablecast by a person utilizing equipment installed in the council chambers pursuant to a contract approved by the city council, or by any other person provided that the broadcast or cablecast by such other person can be accomplished without noise, illumination, or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings.

(e)

The city clerk is authorized to authenticate any transcription of a meeting at the expense of the person requesting the authentication.

(Ord. No. 94-10, § 2, 5-4-94)

Certain items for inclusion on the agenda which have been reviewed by the city manager, delivered to the city council and made available to the public prior to the council meeting, shall be grouped together for action and listed under the consent calendar, when such matters are considered to be noncontroversial or routine in nature. The actions recommended by the city manager shall be summarized in the agenda statement for each item on the consent calendar. The consent calendar items may be approved by a single

motion. Before adoption of the consent calendar the mayor shall first determine whether any member of the council, city staff or the audience desires to remove an item for comment or discussion. In that event, the mayor may defer action on the particular matter or matters and place them on the regular agenda for consideration in any order deemed appropriate. A request from the public to comment on an item must be filed with the city clerk in writing prior to council consideration of the consent calendar. Any member of the city council may record a negative vote or an abstention on a consent calendar item without removing the item for discussion by so noting before or after a motion to approve the consent calendar is on the floor.

The written agenda available to the public and to the city council shall provide an explanation to the public concerning the consent calendar which reads substantially as follows:

"All items listed on the consent calendar are considered to be routine matters or are considered formal documents covering previous city council instructions. The items listed on the consent calendar may be enacted in the form listed below by one motion and a second. There will be no separate discussion of the consent calendar items unless members of the city council, the city staff or the public request discussion on specific consent calendar items at the beginning of the meeting. Public requests to discuss consent calendar items must be filed with the city clerk before the consent calendar is called."

(Ord. No. 94-10, § 2, 5-4-94)

A council member desiring to speak shall first request and gain recognition by the presiding officer. To the greatest extent possible, members shall use the recognition light-button system installed in the city council chambers to request recognition from the presiding officer.

(Ord. No. 94-10, § 2, 5-4-94)

A council member desiring to question the city staff shall, after recognition by the presiding officer, address his or her questions to the city manager, the city attorney, or to an appropriate staff member.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

After gaining recognition from the presiding officer a council member shall confine his or her comments to the issue under discussion avoiding reference to character or indecorous language.

(b)

A council member, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, or unless a point of order or personal privilege is raised by another council member, or unless the speaker chooses to yield to a question by another council member. If a council member while speaking is called to order, he or she shall cease speaking until the question of order is determined and, if

determined to be in order, he or she may proceed. Comments by any individual council member shall not exceed ten (10) minutes per agenda item.

(c)

Members of the city staff, after recognition by the presiding officer, shall hold the floor until completion of his or her remarks or until recognition is withdrawn by the presiding officer.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 99-28, § 2, 11-3-99; Ord. No. 17-OR0090-1, § 1, 2-15-2017)

The presiding officer shall determine all points of order subject to the right of any council member to request full council ruling. The question on the ruling shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. The presiding officer may participate in the vote on the motion.

(Ord. No. 94-10, § 2, 5-4-94)

The right of a council member to address the council on a question of personal privilege shall be limited to cases in which the council member's integrity, character or motives are directly impinged or where the welfare of the council is concerned. A council member raising a point of personal privilege may interrupt another council member who has the floor only if the presiding officer recognizes the privilege.

(Ord. No. 94-10, § 2, 5-4-94)

Subject to the provisions of section 2.1.25, the council member moving the adoption of an ordinance, resolution or motion shall have the privilege of speaking last on an item under debate.

(Ord. No. 94-10, § 2, 5-4-94)

A member of the council who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the pending motion without further discussion.

(Ord. No. 94-10, § 2, 5-4-94)

Any council member shall have the right to have the reasons for his or her dissent from or his or her protest against any action of the council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in substantially the following manner. "I would like the minutes to show that I am opposed to this action for the following reasons…."

(Ord. No. 94-10, § 2, 5-4-94)

(a)

It is the policy of the council to permit limited presentations by members of the public on non-public hearing agenda items. The amount of time allocated to speakers on a particular item shall be established by the presiding officer, but in no event shall be in excess of three (3) minutes unless a greater time limit is approved by the city council. Unless further time is granted by a majority vote of the council, the speaker shall limit his or her remarks to the time limit established by the presiding officer.

(b)

Any person desiring to address the council on a matter not formally scheduled for public hearing must file a written request for permission to address the council. All written requests to speak must be submitted to the city clerk at the dais at the commencement of the city council meeting. All requests to speak must be presented in person by the person requesting to speak. Except as provided in this paragraph (b), there shall be no sharing or donation of time to speak between individual speakers. 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 by the authorized representative shall not exceed ten (10) minutes. Speakers shall be afforded opportunities to speak as directed by the presiding officer or on an alternate basis relative to supporting or opposing an agenda item.

(c)

Each person desiring to address the council shall approach the podium, state his or her name and address or area of the city in which he or she lives for the record, and state whom he or she is representing if he or she represents an organization or other persons. All remarks shall be addressed to the council as a whole and not to any member thereof. No questions shall be asked of a council member or a member of the city staff without obtaining the permission of the presiding officer. The presiding officer shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion.

(d)

No person shall address the council without first securing the permission of the presiding officer.

(e)

After a motion has been made, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so from the presiding officer which permission shall be subject to approval by a majority vote of the city council.

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

(a)

Every agenda for a general business meeting of the city council shall provide a period for members of the public to address the council on items of city business that are not on the agenda but are within the subject matter jurisdiction of the city council.

(b)

Speakers shall be limited to three (3) minutes each. Public input shall not be limited so long as scheduled public hearings are allowed to proceed on time. Anyone desiring to speak shall reserve time at the meeting by personally filing a written request with the city clerk in advance of the time stated on the agenda for oral communications. Speakers will be called with priority given to the written requests to speak filed seven (7) days in advance, in order of receipt. Any requests to speak that have not been heard prior to any public hearing, will be heard after the other agenda items have been considered.

(c)

Persons may also request the opportunity to address the city council by filing a written request with the city manager not later than one week in advance of the meeting. The written request shall briefly state the topic to be discussed. Persons submitting such a written request shall have five (5) minutes to address the council. Persons desiring that a matter be placed on the agenda for city council discussion or action may file a request with the city manager pursuant to section 2.1.54(d).

(d)

Each person desiring to address the council shall approach the podium, state his or her name and address for the record, state the matter of city business he or she wishes to discuss, and state whom he or she is representing if he or she represents an organization or other persons. All remarks shall be addressed to the council as a whole and not to any member thereof. No questions shall be asked of a council member or a member of the city staff without obtaining the permission of the presiding officer. The presiding officer shall not permit any communication, oral or written, to be made or read where it does not bear on a matter of city business which is within the subject matter jurisdiction of the city council. 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 for the duration of the presentation. The presentation on behalf of the group shall not exceed ten (10) minutes.

(e)

No action or discussion shall occur on any item raised during oral communications, except for matters requiring immediate attention which are added to the agenda. Members of the city council may briefly respond to statements made or questions posed by person speaking during oral communications. Members of the city council may also ask a question for clarification, or provide a reference to staff or other resources for factual information, or request a report back from the city manager, or his or her staff, or the city attorney at a subsequent meeting. Matters requiring city council action may be referred to the city manager for placement before the city council at a later date upon direction by the presiding officer or at the request of any member of the council.

(Ord. No. 94-10, § 2, 5-4-94; Ord. No. 95-05, § 4, 3-15-95; Ord. No. 99-28, § 5, 11-3-99; Ord. No. 01-103- 1, 2-21-01; Ord. No. 23-OR0764-1, § 2, 11-15-2023)

While the council is in session, the council members and city staff shall observe good order and decorum. A member of the city council or city staff shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking.

(Ord. No. 94-10, § 2, 5-4-94)

Members of the public attending council meetings shall observe the same rules of order and decorum applicable to the city council and staff and shall comply with the provisions of section 2.1.30.

(Ord. No. 94-10, § 2, 5-4-94)

(a)

Unauthorized remarks from the audience or members thereof, stamping of feet, unruly applause, whistles, yells, and raucous demonstrations shall not be permitted by the presiding officer. If such conduct continues after directions by the presiding officer to cease, the presiding officer may order such offenders to leave the meeting room. If a person fails to leave as ordered, the person shall be removed from the meeting room by the sergeant-at-arms upon direction by the presiding officer. Any signs at a council meeting shall be placed around the rear perimeter of the council chambers or placed as directed by the presiding officer.

(b)

Any person willfully disrupting the proceedings of the council, and who continues to do so after being directed by the presiding officer to cease or being ruled out of order by the presiding officer, or who otherwise refuses to carry out directions or instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting, may be ordered by the presiding officer to leave the meeting room. If the person fails to leave as ordered, the person shall be removed from the meeting room by the sergeant-at-arms upon direction by the presiding officer.

(c)

It is an infraction punishable pursuant to section 1.07 of this Code for any person who once has been ordered removed from the meeting room, thereafter to disrupt the same or any subsequent meeting in the manner described in subsection (a) or (b) above.

(d)

The presiding officer shall not find a person in violation of subsection (a) or (b) solely because the statements made by the person criticize the policies, procedures, programs or services of the city, or the acts or omissions of the city council.

(e)

The chief of police or such member of the police department as the chief may designate shall be sergeant- at-arms of the city council and shall attend meetings at the request of the presiding officer, city manager, or any city councilmember. The sergeant-at-arms shall be available to respond to all meetings immediately upon call. The sergeant-at-arms shall carry out all instructions given by the presiding officer or city council for the purpose of maintaining order and decorum at the council meetings. The performance of the duties of the sergeant-at-arms pursuant to this section shall be official duties for the purposes of Penal Code