Legislation Details

File #: 26-1451    Version: 1
Type: Resolution Status: General Agenda
File created: 4/23/2026 In control: City Council
On agenda: 5/6/2026 Final action:
Title: Staff recommends that the City Council introduce an Ordinance amending various provisions of Chapter 2, Article I of the Oceanside City Code to clarify administrative procedures for submitting requests to speak and for group presentations at City Council Meetings, and adopt a Resolution updating Council Policy 100-3 to clarify the timeline for public comment on off-agenda items.
Attachments: 1. Staff Report, 2. Ordinance, 3. Resolution, 4. Exhibit A to Resolution, 5. Sec._2.1.17. redline strikeout, 6. Sec._2.1.26. redline strikeout, 7. Sec._2.1.27. redline strikeout, 8. Sec._2.1.38. redline strikeout, 9. Policy 100-03_redine strikeout
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DATE:  May 6, 2026

 

TO:                       Honorable Mayor and City Councilmembers

 

FROM: City Clerk's Office

TITLE: 
INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEANSIDE AMENDING VARIOUS PROVISIONS OFCHAPTER TWO, ARTICLE I OF THE OCEANSIDE CITY CODE TO CLARIFY RULES FOR SUBMITTING A REQUEST TO SPEAK AND FOR GROUP PRESENTATIONS AT CITY COUNCIL MEETINGS AND ADOPTION OF A RESOLUTION UPDATING COUNCIL POLICY 100-3 TO CLARIFY THE TIMELINE FOR PUBLIC COMMENT ON OFF- AGENDA ITEMS AT CITY COUNCIL MEETINGS

 

RECOMMENDATION

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Staff recommends that the City Council introduce an Ordinance amending various provisions of Chapter 2, Article I of the Oceanside City Code to clarify administrative procedures for submitting requests to speak and for group presentations at City Council Meetings, and adopt a Resolution updating Council Policy 100-3 to clarify the timeline for public comment on off-agenda items.

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BACKGROUND AND ANALYSIS

 

At the April 8, 2026 City Council meeting, the City Clerk presented an overview of Senate Bill 707, which updated provisions of the Ralph M. Brown Act for public participation at local agency meetings. In particular, SB 707 requires that members of the public participating remotely in City Council meetings be afforded the same opportunity to provide comment as those attending in person.

 

In order to ensure the City’s procedures remain consistent with SB 707’s requirement that remote participants be afforded the same opportunity to participate as those attending in person, and to assist with efficient management of all public comments, staff recommended that all in-person and remote participants seeking to comment on consent items, general items, or non-agenda public comment would be required to notify the City Clerk prior to the Mayor calling for consideration of the consent agenda items. This provides a clear cut-off point to the public, reasonable administration by the Clerk, and fair, equitable rules for both remote and in- person attendance.  Staff also recommended elimination of the group presentation procedures that allowed a group of at least four individuals to designate a representative to speak for up to ten minutes on an agenda item based on anticipated challenges in administering this process for participants attending remotely. Specifically, it may be difficult for the City Clerk to verify whether all required members of a group are present online at the time the item is called or to ensure they remain present during the presentation. Moreover, given the significant potential for greater remote presentation and longer meetings, Staff expects elimination of the group presentation option will streamline public comment and minimize procedural disruptions related to same.

 

Following the City Clerk’s presentation on April 8th, the City Council provided direction supportive of staff’s recommendation to set the cut-off time for all non-public hearing items prior to Council consideration of the consent calendar and to eliminate group presentations in order to provide equal access to both in-person and remote attendees going forward. This direction requires minor revisions to several provisions of the Oceanside City Code (OCC) which are summarized as follows:

 

OCC Section 2.1.17 currently states that a request from the public to comment on a consent calendar item must be filed with the clerk in writing prior to Council consideration of the consent calendar. In order to accommodate remote public participants, the proposed Ordinance amends Section 2.1.17 to delete language that would not be possible for remote participants and instead states that a request from the public to comment on a consent calendar item must be submitted to the City Clerk prior to Council consideration of the consent calendar.

 

OCC Section 2.1.26 currently requires members of the public wishing to speak on general agenda items to submit a speaker slip at the commencement of the meeting. In practice, however, the City has allowed speakers to sign up to speak on any item until any agenda item is called. Section 2.1.26 also permits group presentations so long as members of the group are present when called and remain present for the presentation. The proposed Ordinance amends section 2.1.26 to state that a request from the public to comment on general agenda items must be submitted to the city clerk prior to Council consideration of the consent calendar, deletes the group presentation language, and deletes requirements, such as approaching the podium, that would not be possible for remote participants.

 

OCC Section 2.1.27 provides rules for non-agenda items and currently states that a request to speak must be personally filed via a written request prior to the time for non-agenda items. Section 2.1.27 also permits group presentations so long as members of the group are present when called and remain present for the presentation. The proposed Ordinance amends section 2.1.27 to state that a request from the public to comment on a non-agenda item must be submitted to the city clerk prior to Council consideration of the consent calendar, deletes the group presentation provisions, and deletes requirements, such as approaching the podium, that would not be possible for remote participants.

 

OCC Section 2.1.38 provides procedures for public hearings and permits group presentations so long as members of the group are present when called and remain present for the presentation. The proposed Ordinance deletes the group presentation language.

 

All proposed Section 2 amendments described above are attached in redline strikeout format for further reference.

 

In addition, staff has prepared a Resolution updating Council Policy 100-3 (Public Communications: Off-Agenda Items) to render it consistent with the City Code amendments described above. The amended Council Policy adds language to accommodate both remote and in-person participants and states that a request to speak must be submitted to the city clerk prior to council consideration of the consent calendar.

 

The proposed Ordinance, Resolution, and corresponding redline versions reflecting the changes are attached for the City Council’s review.

 

CITY ATTORNEY’S ANALYSIS

 

The referenced Ordinance and Resolution have been reviewed and approved as to form.

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Prepared by: Zeb Navarro, City Clerk                                                                                    

Submitted by: Jonathan Borrego, City Manager                      

 

ATTACHMENTS:                     

 

1.                     Ordinance

2.                     Resolution

3.                     Exhibit A to Resolution

4.                     Sec. 2.1.17 Redline Strikeout

5.                     Sec. 2.1.26 Redline Strikeout

6.                     Sec. 2.1.27 Redline Strikeout

7.                     Sec 2.1.38 Redline Strikeout

8.                     Policy 100-03 Redline Strikeout