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OVERSI HT BOARD TO THE SUCCESSOR AGENCY
or THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Maureen Benson, City Clerk
DATE: August 9, 2017 (OB Regular Meeting of 1/1612018)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure for
Oversight Board Meetings and Related Functions and Activities and
Rescinding Resolution No. OB-2012-10
DISCUSSION
A draft resolution is attached for Board consideration of revisions to the Rules of
Procedure for Oversight Board Meetings and Related Functions. Revised language is
shown with the use of legislative format in Sections 2.8 (Public Comment) and 2.10
(Presentations/Actions/Discussion Items) of the resolution.
Revisions in Sections 2.8 and 2.10 of the Rules of Procedure address compliance with
newly revised Section 54954.3(b)(2) of the California Government Code. The proposed
change is to add language to provide at least twice the allotted time for a member of the
public to speak who utilizes a translator in order to ensure that non-English speakers
receive the same opportunity to directly address the legislative body of a local agency,
Upon Board approval, the changes to the time allotted for non-English speakers who utilize
a translator would be incorporated into the Oversight Board speaker cards.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2018_, rescinding Resolution No. OB-2012-10.
Attachment: Draft Resolution
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Attachment
RESOLUTION NO. 013-2-0-1-2-4020_18-
A
S-2-off iD2018-A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
J ADOPTING REVISED RULES OF PROCEDURE FOR
OVERSIGHT BOARD MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board to the Successor Agency of the Redevelopment Agency
of the City of Moorpark be adopted by resolution; and
WHEREAS California Government Code Section 54954.3 b 2 has been
amended to re'wire that the le islatiue bod of a local asenc shall •rovide at least
twice the allotted time to a member of the public who utilizes a translator to ensure that
non-English speakers receive the same opportunity to directly address the legislative
body of a locel agency; and
WHEREAS at the January 16. 2018, regular meeting of the Oversight Board a
request to adopt revised Sections 2.8. and 2.10 of the Oversi•ht Board Rules of
Procedure for Oversi•ht Board Meetin a and Related Functions and Activities was
submitted to the Oversi•ht Board to com.11 with California Government Code Section
54954(b)(2), as described in an agenda repart (Agenda Item 7.C._);_and
WHEREAS, the'Oversight Board has determined that revisions to the Rules of
Procedure are necessary.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for the Oversight Board Meeting s
and Related Functions and Activities are hereby adopted, to read as follows:
1. GENERAL PROVISIONS
1,1 Purpose;
The purpose and intent of the Oversight Board in adopting the Rules of Procedure
for Meetings and Related Functions and Activities (Rules) shall be to provide directory
guidelines relating to the conduct of the public business by the Board, In the event of any
non-compliance with, or violation of, any provision herein, such shall not be deemed to
affect the validity of any action taken, unless otherwise specifically provided by law.
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point or procedure, Robert's Rules of
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Order, Newly Revised, shall be used as a guide.
2. ORDER OF BUSINESS
2.1 Regular Agenda:
The Order of Business of each meeting shall be as contained in the Agenda
prepared by the City Manager or his/her designee, acting as the Executive Director of the
Successor Entity, staff to the Oversight Board. The Agenda shall be prepared in
consultation as needed with the Chairperson (Presiding Officer of the Oversight Board)
conform to all requirements of the Ralph M. Brown Act. The Agenda shall be a listing by
topic of the items of business which shall be transacted or discussed in the following
order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Special Agenda Items
5. Public Comments
6. Reordering of, and Additions to, the Agenda
(Items to be pulled from the Consent Calendar shall be identified under this
section.)
7. Presentations/Action/Discussion
8. Consent Calendar
9. Announcements and Future Agenda Items
(The Oversight Board, by a majority of the total membership, may direct a
matter to be placed upon a future agenda.) ,
10. Closed Session
11. Adjournment
2,2 Special Meeting Agenda:
The order of business of special meeting agendas shall generally be consistent
with the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
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agendas. A special meeting may be called as permitted by Government Code Section
54956.
2.3 Roll Call Vote:
Items, which require a roll call vote, shall be so noted on the agenda.
2.4 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda for regular Tuesday meetings shall
be delivered ordinarily to Board Members via email and mailed in paper format by U.S.
Mail on or before the Friday preceding the meeting to which it pertains,
The Agenda shall be available to the general public after it is posted, including on
the City's website. Agenda reports will also be available to the general public on the
City's webs ite.
2.5 Call to Order:
The meeting of the Oversight Board shall be called to order by the Chairperson or,
in his/her absence, by the Vice-Chairperson who shall serve until the arrival of the
Chairperson. In the absence of both the Chairperson and the Vice-Chairperson,' the
meeting shall be called to order by the City Clerk. The City Clerk shall immediately call for
the selection of a temporary Presiding Officer who shall serve until the arrival of the
Chairperson or Vice-Chairperson or until adjournment.
2.6 Roll Call/Quorum:
Before proceeding with the business of the Oversight Board, the City Clerk shall
call the roll of the Oversight Board and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the Chairperson or Presiding
Officer called last. Unless otherwise provided for by law, a majority of the total
membership of the Oversight Board shall constitute a quorum for the transaction of
business.
2.7 Special Agenda Items
Agenda items to be scheduled under this section title will include selection of a
Presiding Officer (Chairperson and Vice-Chairperson) in accordance with the provisions
of Section 3.1 of these Rules, and may also include special presentations or other
agenda items as determined by the Chairperson and Executive Director or his/her
designee.
2.8 Public Comments:
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Any member of the public may address the Oversight Board on any item within the
subject matter jurisdiction of the Oversight Board which is not listed on the Agenda as a
Presentations/Action/Discussion item. Speakers will be heard in the order that their
speaker cards are received by the City Clerk. All speaker cards for Public Comments
must be received prior to the Chairperson's call for speaker cards for the Public
Comments agenda item. A limitation of 3 minutes shall be imposed upon each speaker.
Speaker cards must be presented in person by the person wishing to speak. This
limitation will be extended to six (6) minutes for a speaker who utilizes a translator to
ensure that non-English speakers receive the same opport ni_ty to directlyaddress the
C Council. The passing of time from one speaker to another or speaking in place of
another speaker is not allowed. No speaker will be allowed to speak after all speaker
cards are called. By majority vote of the Oversight Board present and voting, the number
of speakers and time permitted for comments may be limited at any single meeting. The
speaker shall be governed by the rules of Sections 6.1. 6.2 and 6.3. Board Members shall
reserve their comments and responses until the end of the public comments period.
Speakers at a regular meeting shall not be allowed to address the same subject at
an adjourned meeting of the regular meeting at which they spoke, except by a majority
vote of the total membership of the Oversight Board.
2.9 ' Reordering of. and Additions to. the Agenda:
Except with majority consent of the Board Members present and voting, items may
not be taken out of order.
At this time, Board Members and the Executive Director or his/her designee in
. attendance may request that any item on the Consent Calendar be withdrawn for
separate consideration. Items withdrawn from the Consent Calendar shall be considered
immediately after action on the balance of the Consent Calendar in the order that they
appear on the agenda.
Any Board Member, and the Executive Director or his/her designee in attendance
may bring to the attention of the Oversight Board new items of business for discussion
and action in the event of an emergency situation or when the need to take immediate
action comes to the attention of the Oversight Board subsequent to the posting of the
agenda, as specified in Government Code Section 54954.2. A majority vote of the total
membership of the Oversight Board is required to add an item to the agenda.
2.10 Presentations/Action/Discussion Items:
Items that are anticipated to require discussion and items of a non-routine nature
shall be placed under this topic.
Presentations to the Oversight Board by other public agencies or groups will be
listed first under the Presentations/Action/Discussion heading. Continued
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Presentations/Action/Discussion items will appear in the order they previously appeared,
following presentations. .
Discussion/Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Oversight Board
Public Comments
Discussion by Oversight Board
Action by Oversight Board
Questions or comments from the public shall be limited to the item under
consideration and the speaker shall be governed by the provisions of Sections 6.1 and
6.2. Speakers will be heard in the order that their speaker cards are received by the City
Clerk for the item during which the speaker wishes to address the Oversight Board. All
speaker cards for each agenda item must be received prior to the Chairperson's
announcement of the public comment for each Presentations/Action/Discussion item and
call for speaker cards. A limitation of three (3) minutes shall be imposed upon each
speaker. This [imitation will be extended to six (6) minutes for a speaker who utilizes a
translator to ensure that non-En lish speakers receive the same o ortunit to direct!
address the City Council. Speaker cards must be presented to the City Clerk by the
person wishing to speak. The passing of time from one speaker to another or speaking in
place of another speaker is not allowed.
Written statement cards may be submitted in lieu of addressing the Oversight
Board. The number of cards received in favor of or in opposition to an item being
considered will be verbally reported to the Oversight Board by the City Clerk following the
last public speaker for an item. The total number of written statement cards received in
favor of or in opposition to an item will be recorded in the minutes of the Meeting.
Any member of the Oversight Board, who has an ex parte communication with a
person or entity directly affiliated with an agenda item outside of the public record or
public meeting process, shall disclose the information learned in this communication
during the Oversight Board discussion at the public meeting for the agenda item,
2.11 Consent Calendar
Minutes of previous Oversight Board meetings, items of a routine nature and items
recommended to be received and filed shall be placed on the Consent Calendar. All
items may be approved by one blanket motion by unanimous vote of those present and
voting.
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Prior to a motion on the Consent Calendar, any Board Member may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in the order that they appear on the agenda.
2.12 Announcements and Future A.ends Items
At this time, Board Members may make an announcement; and request to have an
item placed on a future agenda.
2.13 Adjournment:
A motion to adjourn shall be in order.
3. PRESIDING OFFICER
3.1 Selection and Term:
The Chairperson shall be the Presiding Officer at all meetings of the Oversight
Board, except as otherwise provided in Section 2.4 (Call to Order). At its first regular
meeting in July of 2013 and each year thereafter, the Oversight Board shall elect a
Chairperson and Vice-Chairperson from among the appointed members, to serve for that
year. Each selection shall be by a majority vote or more affirmative votes of the total
membership of the Oversight Board, whichever first occurs and a failure to achieve such
total of affirmative votes shall be deemed a selection of the incumbent to remain in office.
Each person so selected shall serve until a successor is chosen (at any time) by a
majority vote of the total membership of the Oversight Board.
If a vacancy in the position of Chairperson occurs for any reason except for
removal of the Chairperson pursuant to this Section, the Vice-Chairperson shall assume
the position of Chairperson until a successor is chosen.
3.2 Participation of Presiding Officer:
The Presiding Officer may move, second, and debate from the chair, subject only
to such limitations of debate as are imposed on all Board Members. He/she shall be
accorded all of the rights and privileges of a Board Member.
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance of order and decorum at
all times.
3.4 Rulis Final Unless Overruled:
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The Presiding Officer shall decide all questions of interpretation of these rules,
points of order, maintenance of order or other questions of procedure requiring rulings.
Any such decision shall be final and binding and (even if clearly erroneous) for purposes
of the item under consideration, unless overridden by a majority vote of the Board
Members present and voting. Any Board Member may seek to have the Presiding
Officer's decision overridden by moving the question "Shall the decision of the Presiding
Officer be sustained?"
CONDUCT OF BOARD MEMBERS
4.1 Decorum_and Order
(a) Any Board Member desiring to speak shall address the Presiding Officer and,
upon recognition by the Presiding Officer, shall confine himself/herself to the item under
debate,
(b) A Board Member desiring to question the staff shall address his/her question
to the Executive Director or his/her designee in attendance, as appropriate, who shall be
entitled either to answer the inquiry or to designate some member of his/her staff for that
purpose.
(c) A Board Member, once recognized, shall not be interrupted while speaking
unless called to order by the Presiding Officer, a point of order is raised by another Board
Member pursuant to Section 3.4 or the speaker chooses to yield to questions from
another Board Member.
(d) Any Board Member called to order while he/she is speaking shall cease
speaking immediately until the question of order is determined, If ruled to be in order
he/she shall be permitted to proceed. If ruled out of order he/she shall remain silent or
shall alter his/her remarks so as to comply with the rules.
(e) Board Members shall accord the utmost courtesy to each other, to staff, and
to the public appearing before the Oversight Board. They shall refrain at all times from
rude and derogatory remarks, abusive comments and statements as to integrity, motives
or personalities.
(f) The right of a Board Member to address the Oversight Board on a question
of personal privilege shall be limited to cases in which his/her integrity, character, or
motives are assailed, questioned or impugned.
(g) Any Board Member may move to require the Presiding Officer to enforce the
rules. The affirmative vote of a majority of the Oversight Board present and voting shall
require him/her to so act.
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4.2 Limitation of Debate:
A Board Member should not speak more than once upon any one item until every
other member choosing to speak thereon has spoken. No member shall speak for a
longer time than five (5) minutes each time he/she has the floor, without the approval of a
majority vote of the Oversight Board present and voting.
4.3 Dissents and Protests:
Any Board Member shall have the right to express dissent from, or protest to, any
action of the Oversight Board and to have the reason entered in the minutes. If such
dissent or protest is desired to be entered in the minutes, this should be made dear by
language such as, "I would like the minutes to show that I am opposed to this action for
the following reasons. . . .,`
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if
an official has a conflict of interest on a matter and cannot participate in a decision.
Section 87105 shall apply to the Oversight Board. The official must publicly identify the
financial interest (not including the address of.a personal residence), recuse himself or
herself from voting, and leave the room until after the discussion, vote and other
disposition of the matter is concluded. If the matter is on the consent calendar, the official
need not leave the room, but must still make the required disclosure on the record and
abstain from voting. The official also may speak on the issue as a member of the general
public, during the public comment period on that matter, solely to represent himself or
herself on a matter related to his or her personal interest. The announcement of the
conflict of interest must be declared prior to the initiation of Oversight Board's
consideration of the agenda item for which the conflict of interest exists. Section 87105
of the Government Code, and any statutes amendatory or supplementary thereto, and
any applicable regulations of the California Fair Political Practices Commission are
hereby incorporated by reference.
5. CONDUCT OF STAFF
51 Decorum and Order:
(a) Members of the staff shall observe the same rules of procedure and decorum
applicable to members of the Oversight Board,
(b) The Executive Director or his/her designee in attendance shall insure that all
staff members observe such decorum.
(c) Any staff member, including the Executive Director, desiring to address the
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Oversight Board or members of the public shall first be recognized by the Chairperson. All
remarks shall be addressed to the Chairperson and not to any one individual Board
Member or member of the public.
6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Oversight Board meetings shall observe the
same rules of order and decorum applicable to the Oversight Board pursuant to Section
4.1.
(b) Willful conduct that is disruptive, including but not limited to, unauthorized
remarks from the audience, stamping of feet, whistles, yells and similar demonstrations
shall be prohibited by the Presiding Officer. Any person who becomes willfully disruptive
while addressing the Oversight Board or while attending the Oversight Board meeting
shall be requested by the Chairperson to leave the meeting. The Chairperson may call a
recess or adjourn the meeting if the disruption continues. Aggravated cases shall be
prosecuted on appropriate complaint signed by the Presiding Officer.
6.2 Manner of Addressing the Oversight Board:
No person shall address the Oversight Board without being recognized by the
Presiding Officer, After being recognized by the Presiding Officer, any member of the
public desiring to address the Oversight Board shall proceed to the podium. The speaker
shall state his/her name for the record. All remarks and questions shall be addressed to
the Presiding Officer and not to any individual Board Member, staff member or other
person.
6.3 Limitations on Addressing the Oversight Board:
The making of oral communications to the Oversight Board by any member of the
public during the Public Comments" portion of the Agenda shall be subject to the
following limitation:
(a) If it appears that several speakers desire to speak regarding any item on the
Agenda, the Presiding Officer may reasonably limit the number of speakers on each side
of the issue. In this regard, preference may be given to speakers who represent groups of
persons who have designated a spokesperson.
6.4 Video, Audiotape, PowerPoint, Slide or Similar Presentation.
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the City Clerk has been provided with no less than
24-hours' notice of the video, audiotape, PowerPoint, slide or similar presentation, and
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has determined the appropriate equipment to view and broadcast the presentation is
available. The video, audiotape, PowerPoint, slide or similar presentation must be made
by the person or agency making the presentation. The Oversight Board may limit the total
amount of time allocated for presentations or particular issues and for each speaker. The
same limitations that govern speakers under Sections 2.8. and 2.10 shall apply.
Presentations shall be limited to the subject matter jurisdiction of the Oversight Board.
Those items not germane to the agenda will be disallowed.
7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by the Presiding Officer
or, at the request of the Presiding Officer, by the City Clerk before debate. A motion so
stated shall not be withdrawn by the mover without the consent of the person seconding
it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions, the Presiding Officer may,
and upon request of any Board Member shall, divide the same, unless a majority of the
Board Members present and voting vote not to do so.
7.3 Precedence of Motions:
When a motion is before the Oversight Board, no motion shall be entertained
except the following,which shall have precedence in the following order.
The ordinary motions rank as follows, and any of them (except to amend) can be
made while one of a lower order is pending, but none can supersede one of a higher
order. Motions to limit discussion, to call the question and to suspend the rules require a
two-thirds vote; all other motions require only a majority vote:
Not Debatable: To Fix the Time of Adjournment)
To Adjourn (when unqualified) ) Cannot
To Table ) be
To Limit Discussion (213 vote) )Amended
To Call the Question(2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend ) Amended
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To Postpone Indefinitely )
The Motion to Reconsider: the motion can be made when any other motion is
before the Commission, but cannot be acted upon until the business then before the
Oversight Board is disposed of; when called up, it takes precedence over all other
motions, except to adjourn, and to fix the time to which to adjourn.
Motions incidental to those before the Oversight Board take precedence over them
and shall be acted upon first.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at which to adjourn and may be
amended by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion;
(b) When made as an interruption of another Board Member while speaking;
(c) When discussion has been ended and vote on the motion is pending; or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable, but only as to the time to
which the meeting is adjourned.
7.5 Motion to Table:
Such a motion shall be used to temporarily bypass the subject and shall preclude
all amendments or debate of the subject under consideration. If the motion prevails, the
item may be "taken from the table" at any time prior to the end of the next regular
meeting.
7,7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each Board Member to speak
to, or to appoint a time at which discussion shall close on, the question of the main motion
and any previously made amendment to the main motion. If a motion to limit the time
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allowed each member to speak passes, no member shall thereafter speak more than two
times to the question or longer than the time allowed at either time and no member shall
speak the second time until every member choosing to speak has spoken.
7.8 Motion to Call the Question:
Such a motion shall be used to close debate on, and further amendment to, the
main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote
shall next be taken on any previously made amendments to the main motion and finally
on the main motion.
7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of procedure and shalt include
a statement of the purpose of the suspension. If the motion fails, the motion shall not be
renewed for the same purpose at the same meeting, but it may be renewed for the same
purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to propriety of
postponement and time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A motion to amend
an amendment shall be in order, but a motion to amend an amendment to an
amendment shall not be in order. An amendment modifying the intention of a motion shall
be in order, but an amendment relating to a different matter shall not be in order. A
substitute motion on the same subject shall be acceptable, and voted on before a vote on
the amendment. Amendments shall be voted first, then the main motion as amended.
7.12 Motion for Reconsideration:
Any Board Member who voted with the majority may move a reconsideration of
any vote at the same meeting or request an agenda item on at the next regular meeting
or request a special meeting called to be held prior to the next regular meeting to consider
reconsideration of any vote. The agenda item shall appear on
Presentation/Action/Discussion as a two-part item, e.g.:
Consider Reconsideration of
Reconsideration of vote on .
After a motion for reconsideration has once been acted upon, no other motion for
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a reconsideration thereof shall be made without unanimous consent of the Oversight
Board,
8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Board Member,the Presiding Officer shall verbally restate
each motion immediately prior to calling for the vote.
8.2 Voting:
Pursuant to Health and Safety Code Section 34170 (e) a majority vote of the total
membership of the Oversight Board is required for the Oversight Board to take action.
In acting upon every motion, the vote shall be taken by voice, roll call, or any other
method by which the vote of each Board Member present can be clearly ascertained. The
vote on each motion shall then be entered in full upon the record. The order of voting
shall be the maker of the motion, the second and then the remaining Commissioners
alphabetically, with the Chairperson called last. The City Clerk shall call the names of all
members seated when a roll call vote is ordered. Members shall respond 'aye', 'no' or
'abstain', provided that when a vote is collectively taken by voice or when a method of
voting other than by voice or roll call is used, any Board Member not audibly and clearly
responding 'no' or 'abstain' or otherwise registering an objection shall have his/her vote
recorded as 'aye'.
Following the vote, the Presiding Officer shall verbally announce whether the
motion carried or was defeated. The Presiding Officer may also publicly state the effect of
the vote for the benefit of the audience before proceeding to the next item of business.
Any member may change his/her vote before the next item of business is called.
A roll call vote shall be used for adopting or amending the budget, and otherwise
ordering the payment of money. All other actions may be adopted by roll call vote or
any other voting method by which the vote of each Board Member present can be
clearly ascertained, so as to confirm a recorded majority vote of the total membership of
the Oversight Board.
•
8.3 Failure to Vote:
Every Board Member should vote unless disqualified for cause. A Board Member
who abstains from voting on an item because of being disqualified shall be considered as
if absent.
8.4 Tie Votes:
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When no Board Member abstains from voting, the motion shall be lost on a tie
vote. Any member who abstains and is not considered absent shall be deemed to have
acquiesced to the motion and the motion shall be passed on a tie vote.
if a tie vote results at a time when less than all members of the Oversight Board
are present, the matter shall automatically be continued to the agenda of the next regular
meeting of the Oversight Board, unless otherwise ordered by the Oversight Board.
9. RECORD OF DECISIONS , ,
Consistent with the requirements of Section 34179€ of the Health and Safety
Code, all actions taken by the Oversight Board shall by adopted by resolution. Each
resolution will be recorded by separate document, numbered in sequence, and
preserved in a separate set of books, in addition to being referenced in the minutes.
10. COMMUNICATIONS
10.1 Addressed to Oversight Board as a Whole:
The Executive Director or his/her designee is authorized to receive and open all
written communications, including e-mails, addressed to the Oversight Board, as a whole,
and give such communication immediate attention to the end that all administrative
business referred to in said communications, and not necessarily requiring Oversight
Board action, may be disposed of between Oversight Board meetings. The Executive
Director or his/her designee shall cause a copy of such communication to be sent to each
Board Member.
10.2 All Other Written Communications:
Any written communication, including e-mails, received at City Flail addressed to
the Chairperson and/or an individual Board Member shall be opened by the Executive
Director or his/her designee. A copy of such communication shall be provided to each of
the other Board Members, unless such communication is personal and/or confidential
and not related to the business of the Oversight Board/Successor Agency/City.
Any Board Member who receives any written communication, including e-mails, on
any subject related to the business of the Oversight Board/Successor Agency/City,
whether or not received at City Hall, shall cause a copy to be provided to the City Clerk
who shall cause a copy of such communication to be sent to each of the other Board
Members.
Ali outgoing Oversight Board correspondence will be copied to the Oversight
Board Members. Any Board Member, who generates any written communication related
to the business of the Oversight Board, shall cause a copy to be provided to the City
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Resolution No. OB-2-N-2-1-42018-
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Clerk for distribution.
10.3 Agenda Item Communications:
Any such communication which relates to an item pending or to be brought before ,
the Oversight Board and has been received prior to agenda distribution, shall be included
in the agenda packet for the meeting at which such item is to be considered and shall
become part of the public record for that item. If a Board Member generates an agenda
item, a written agenda report shall be prepared for that agenda item including a brief,
written explanation and recommendation to the full Oversight Board. All agenda staff
reports will be provided to the full Oversight Board with the distribution of the agenda
Agenda item communications (including e-mails) received from the public after agenda
distribution will be forwarded to the Oversight Board by the City Clerk by e-mail or regular
mail delivery up until the close of the business day prior to the Oversight Board meeting.
The Oversight Board will be informed during the staff presentation at the Oversight
•Board meeting of agenda item communications received from the public on the day of the
meeting. Regardless of the source, it will take a majority vote of the Oversight Board to
accept additional agenda material on the day of the Oversight Board meeting at which the
item is to be considered.
All materials distributed by any person during a public meeting related to the
subject matter being discussed or considered will be made available for public inspection
at the meeting if prepared by staff or a member of the Oversight Board, or after the
meeting, if the materials were prepared by some other person in accordance with Section
54957.5(b) of the Brown Act. To avoid a Ralph M. Brown Act violation, Oversight Board
Members should not read or send e-mail or cellular telephone text messages during an
Oversight Board meeting.
Written communication for a Presentation/Action/Discussion agenda item
presented at the meeting for reading will be acknowledged by the Chairperson or staff,
but not read, The acknowledgment shall include a summary of general content and
whether the communication includes opposition or support of an agenda item.
Written communication relative to an agenda item, if presented prior to the close of
the business day prior to the Oversight Board meeting, will be copied for the Oversight
Board and the public agenda binder.
The public shall tender a written request to the Executive Director or his/her
designee and/or the Chairperson regarding the placement on the agenda of any items.
The Executive Director or his/her designee will then determine the appropriateness of the
requested item being placed on a future agenda.
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Page
B-2 =124@2018,Page 16 ,
An Oversight Board Member(s) may be requested to meet with proponents and
opponents to a Presentation/Action/Discussion item on the agenda, While meeting with
these representatives is at the discretion of the individual Board Member, disclosure of
the meeting(s) and the effects upon the Board Member's review of the agenda item is
required at the beginning of any Oversight Board discussion of that
Presentation/Action/Discussion agenda item. The Board member shall disclose the
nature of the contact and what effect, if any, it had on he/she in the review of the agenda
item.
10.4 Research:
Any research requested by an individual Oversight Board Member that results in a
written response from staff will be copied to all Board Members. This is not meant to
include copies of documents already on file and previously distributed to the Oversight
Board Members.
11. COMMITTEES
Committees may be appointed by the Chairperson, as needed, with the approval
of the majority of the members of the Oversight Board.
12. BOARD MEETINGS
12.1 Meeting Time and Schedule:
The regular meetings of the Oversight Board shall begin at the hour of 3:30 p.m.
on the third Tuesday of each month or as determined by the Oversight Board at its first
regular meeting in July of each year beginning in 2013, such determination to include the
dates, time and place of such meetings as set forth by minute action. Should the need
arise during the year,, the Oversight Board may, by a majority vote, revise the regular
meeting schedule, including dates, time and place of such meetings.
13. MINUTES:
13.1 Action Minutes:
The City Clerk shall be responsible for preparing action minutes to record all the
actions of the Oversight Board (motions, votes, and consensus decisions) at regular
and special meetings, and shall schedule the completed minutes on the Consent
Calendar consistent with Section 2.11 of these Rules of Procedure. Oversight Board
meeting action minutes shall include documentation for each agenda item, including but
not limited to the following:
Date, hour, and place of meeting;
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Resolution No. OB-2Q42 102018-
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Identification of regular, adjourned regular or special meeting (and special
meeting notice language);
Names of Oversight Board Members and staff in attendance;
Oversight Board announcements and requested future agenda items.
Agenda titles, staff recommendations and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal
and written corrections to the agenda report;
Public speaker names and identification of support or opposition;
Written statement card documentation, consistent with Section 2.10 of these
Rules of Procedure;
Adjournment time; and
Chairperson and City Clerk signatures.
SECTION 2. Resolution No. OB-2012-10 is hereby rescinded in its entirety.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 1-8th-16th of Septen-beF-January20122018.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
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