SEC. 2-212. MILITARY EQUIPMENT POLICY.

   (A)   The city council hereby adopts Oxnard police department Policy Manual Section 708 (the “policy”) which shall govern the use of military equipment by the Oxnard police department. The policy may be amended by the police chief or the police chief’s designee, subject to city council approval.

   (B)   The policy shall be made publicly available on the Oxnard police department’s website for as long as the military equipment is available for use or as otherwise ordained by the city council.

   (C)   The Oxnard police department shall submit an annual military equipment report to the city council containing the information required by Cal. Gov't Code, Section 7072 and the city council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Cal. Gov't Code, Section 7071(d).

   (D)   The city council shall on an annual basis and at a regular meeting thereof review this section and vote on whether to renew it pursuant to Cal. Gov't Code, Section 7071(e)(2). At such time, the policy shall be presented to the city council as an attachment to the annual report.

   (E)   The definitions set forth in Cal. Gov't Code, Section 7070 shall apply to this section of the city code. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

(Ord. No. 3014, 3031)

ARTICLE IV. SUNSHINE ORDINANCE

SEC. 2-220. FINDINGS AND PURPOSE.

   Democracy in our representative form of government requires that the public have an opportunity to understand the government's activities and to communicate its concerns to its elected and appointed representatives, and that those representatives have an adequate opportunity to consider those concerns and then act effectively and in a timely manner. This article codifies the city's public policy concerning participation in the deliberations of the city's policy bodies, and clarifies and supplements the Brown Act. It is an affirmation of good government; and a continued commitment to open and democratic procedures. It is an effort to expand our residents' knowledge, participation and trust. As procedures of government change and evolve, so also must the laws designed to guarantee the process remains visible.

(Ord. No. 2948)

SEC. 2-221. DEFINITIONS.

   The following words and phrases as used in this section are defined as follows:

   (A)   AGENDA - A document that informs the public about a meeting, published in advance of the meeting, which at a minimum: (i) identifies the policy body conducting the meeting; (ii) specifies the time and location of the meeting; and (iii) lists each item of business to be discussed or transacted and describes the proposed action for such item.

   (B)   AGENDA PACKET - A complete set of materials that includes the agenda and its relevant supporting documents.

   (C)   BROWN ACT - California Gov’t Code Sections 54950 et. seq., as those sections may be amended from time to time.

   (D)   CLOSED SESSION - A meeting or portion of a meeting that begins with a public comment period, followed by a session that excludes the public as permitted by state law, and ends with an open session at which a public report is made to the extent required by State law.

   (E)   MEETING - Shall have the same meaning as defined in Section 54952.2 of the California Gov’t Code.

   (F)   POLICY BODY - Shall have the same meaning as "legislative body" as defined in Section 54952 of the California Gov’t Code unless the definition in this section applies to a broader range of boards, commissions, committees or other bodies, and shall include the following:

      (1)   The city council;

      (2)   Any other board enumerated in the city code;

      (3)   Any board, commission, committee, or other body created by ordinance or resolution of the city council;

      (4)   Any committee or body created by the initiative of a policy body as a whole;

      (5)   Any standing committee of a policy body irrespective of its composition; and

      (6)   Any committee consisting of city employees that was established by city council ordinance or resolution that specified that the meetings of such committee were to be open and public.

   (G)   SUPPORTING DOCUMENTS - All documents, regardless of form, medium or author, that are provided to members of a policy body for their use in considering agenda items for a meeting.

(Ord. No. 2948)

SEC. 2-222. MEETINGS TO BE OPEN AND PUBLIC; THE BROWN ACT.

   All meetings of a policy body shall be open and public, and governed by the provisions of the Brown Act and of this article. In case of inconsistent requirements under the Brown Act and this article, the requirement which would result in greater or more expedited public access shall apply.

(Ord. No. 2948)

SEC. 2-223. CONDUCT OF BUSINESS; TIME AND PLACE OF MEETINGS.

   (A)   Each policy body shall establish by resolution or motion the time and place for holding regular meetings.

   (B)   Unless otherwise required by State or federal law or necessary to inspect real property or personal property which cannot be conveniently brought within the territory of the city or to meet with residents residing on property owned by the city, or to meet with residents of another jurisdiction to discuss actions of the policy body that affect those residents, all meetings of its policy bodies shall be held within the city.

   (C)   If, because of fire, flood, earthquake or other emergency, it would be unsafe to meet at the regular meeting place, meetings may be held for the duration of the emergency at some other place specified by the policy body. The change of meeting site shall be announced, by the most rapid means of communication available at the time, in a notice to the local media who have requested written notice of special meetings pursuant to California Gov’t Code Section 54956. Reasonable attempts shall be made to contact others regarding the change in meeting location.

   (D)   Special meetings of any policy body may be called at any time by the presiding officer thereof or by a majority of the members thereof, by delivering personally or by electronic mail written notice to each member of such body and the local media who have requested written notice of special meetings in writing. Such notice of a special meeting shall be delivered as described herein at least seven days before the time of such meeting as specified in the notice, with the exception of the items described in section 2-224(A)(1)(a)-(e). Each special meeting shall be held at the regular meeting place of the body except that the body may designate an alternate meeting place provided that such alternate location is specified in the notice of the special meeting.

   (E)   If a meeting must be canceled, continued or rescheduled for any reason, notice of such change shall be provided to the public as soon as is reasonably possible, including posting of a cancellation notice, and electronically mailed notice if sufficient time permits.

(Ord. No. 2948)

SEC. 2-224. AGENDA REQUIREMENTS FOR REGULAR AND SPECIAL MEETINGS.

   (A)   Twelve days before a regular meeting of the city council, and seven days before a special city council meeting and any meeting of all other policy bodies, the policy body shall post an agenda containing a meaningful description of each item of business to be transacted or discussed at the meeting. Agendas shall specify for each item of business the proposed action or a statement the item is for discussion, information, or receive-and-file only. These time requirements shall apply to posting on the internet.

      (1)   Notwithstanding section 2-224(A), items that may be agendized less than 12 days before a regular city council meeting, or less than seven days before other policy body meetings, include but are not limited to the following:

         (a)   Urgency items, where the public interest and necessity demand immediate city council action to avoid harm to or to safeguard life, health or property, or to mitigate severe economic impacts;

         (b)   Grant opportunities;

         (c)   Consideration of appeals, final maps or parcel maps, or other items requiring timely consideration pursuant to statute or ordinance;

         (d)   Ceremonial items; and

         (e)   Closed session items as specified in section 2-226.

   (B)   A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that the person may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood English

   (C)   The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public.

   (D)   All agendas shall be posted on the city's website and the city's cable channel and available at the kiosk outside of the city council chambers. Complete agenda packets for each policy body shall be posted on the city's website to the extent fiscally and technologically feasible and shall be available for review at the city clerk's office during normal business hours. The time for compliance with this section shall be in accordance with the time of the posting of the agenda for the meeting.

   (E)   All supporting documents regarding an agenda item must be included in the agenda packet.

   (F)   No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a policy body may respond to statements made or questions posed by persons exercising their public testimony rights, to the extent of asking a question for clarification, providing a reference to staff or other resources for factual information, or requesting staff to report back to the body at a subsequent meeting concerning the matter raised by such testimony.

   (G)   Notwithstanding section 2-224(F), the policy body may take action on items of business not appearing on the posted agenda under any of the following conditions:

      (1)   Upon a determination by a majority vote of the body that an accident, natural disaster or work force disruption poses a threat to public health and safety;

      (2)   Upon a good faith, reasonable determination by a two-thirds vote of the policy body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that (a) the need to take immediate action on the item is so imperative as to threaten serious injury to the public interest if action were deferred to a subsequent special or regular meeting, or relates to a purely commendatory action; and (b) that the need for such action came to the attention of the policy body subsequent to the agenda being posted as specified in section 2-224(A); or

      (3)   The item was on an agenda posted pursuant to section 2-224(A) for a prior meeting of the policy body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

   (H)   Information on this article shall be provided on the city clerk's webpage, with hard copies provided free of charge upon request.

(Ord. No. 2948, 3031)