Arts Commission Regular Meeting

Okay, good. Welcome everybody I'd like to call to order the regular meeting for the City of Ojai Arts Commission. Bridget would you please do our roll call?

Here. Present. Microphone.

Did I say that right?

No, Taybeck.

How do I say it? Taybeck. All right good thank

we want to change the agendas we will not be doing item 1 I assume it was the only item right? Yeah.

A public art fund report. We'll move that to where appropriate, probably the next meeting. But we welcome the members of staff from the finance department here. Thank you for being here. So we're just pulling that from the agenda period or vote? Vote. Vote. Second? I move that we pull that until we're prepared better.

Can you tell us why?

It just wasn't ready in my opinion. We're going to, we have a meeting set up to review public art fund finances so that we can have monthly report and the preliminary one I didn't think was ready for commission to review it. I'm gonna not waste your time. Okay.

I second that.

Thank you. Roll call. All in favor?

Aye.

Opposed? Is that good enough? Okay, thank you. I have a presentation and then public comment, right? So I'd like to introduce and welcome Bradley and introduce our speaker for the evening. It's an educational thing for us. It is Lisa Taurasin. Torossian Lisa, who's going to guide us through the handbook that I think we received last year. They have that afterwards—that we had last year and touch on some Brown Act things so I'm glad I'm glad you're here tonight, and I'm glad that we're here.

Do you want to have your public comment? You have a public comment before? I had

that after this for some reason.

But then that means she has to sit for an hour. Yeah, you can move it if you want.

Do I have to vote on that?

No, you don't.

Okay. Bernadette, why don't we do you, and then you can sit through the Brown Act which would be very interesting.

But you don't have to sit through it. That's why we're moving—

Oh, it's the big reveal! Oh, that's so

beautiful!

Thank you so much for having me here. My name is Bernadette DiPietro, I'm a local artist who moved to Ojai in 1971 and I've been a part of the Ojai Studio Artists since they started the first tour in 1984. So we've been doing it for 42 years and I'm here on behalf of the artists to thank you for the grant that we received which helps our organization tremendously The Ojai Studio artists have given back to the community in so many ways, including scholarships every year.

Last year we gave out $10,000 High school students and this year we're hoping to give out $12,000. So and this is money that's brought in from the tour that we put on every year from the ticket sales so as a thank you We have a card for you all and This is one of Gail Childress's as a little thank-you gift at one of Gail Childress's prints And she was one of the starters that started, the three women that started the Ojai Studio Tour in 1984. So we all want to thank you very much for the grant that we received and we really appreciate having you here and supporting the arts. Thank you.

Thank you. Bernadette, the city has an art collection. This is called the City Art Collection and so in our next meeting we can vote to accession that into The collection, so this is lovely of you to offer this to the city. Thank you.

In the 1990's I was on the Arts Commission and was a part of that getting that established in fact, the art exhibits that were happening and also the city has a piece of my art as well in the collection

Oh, good. Well then maybe you do want to stay and listen to our presentation. No it's okay

I've been there.

You'll probably learn we have to return it for some reason under the Brown Act.

Thank you once again. We really appreciate your being here.

Thank you Bernadette. There's a donation to the city and city-owned art I think. And Lisa we were, that was as good an introduction as you get are you gonna sit there to do your presentation? Yes

I'm gonna sit right

here. So we have some slides which I think the public can see as

well. Are we

ready in the back?

Yeah we are

Okay, hello everyone. My name is Lisa Tarosi and I'm a Senior Associate at LHR & Winder. I am happy to be with you here today to review the roles and responsibilities pertaining to your membership on the Arts Commission with the City of Ojai. In the interest of time, I will skip over some of the information contained in these slides as you all have copies. If you have any questions please save them for the end. Your questions may even be answered the further we delve in so let's get started!

As you know, a city's boards, committees and commissions are a vital support system for any city. And the better they function, the better a city can serve its residents. That is why it is important for members of these groups to be well informed of their roles, responsibilities and all applicable laws. Boards, commissions and committees are established by the OMC. The current ones are the Planning Commission, Parks and Recreation Commission.

Oh it's a little closer. Thank you. Actually is this better? Okay all right. Boards, commissions and committees are established by the OMC. The current ones are the Planning Commission, the Parks and Recreation Commission, the Historic Preservation Commission, the Arts Commission, and the Buildings Appeals Board. There is also the Finance and Budget Committee. This committee is advisory to City Council and does not possess independent decision-making.

Members are appointed by a committee composed of the mayor, a rotating city council member and the Chair or Vice-Chair. The nominating committee must reach a unanimous decision for each nominee to be confirmed by the City Council. If a majority of the full City Council declines to accept nominees proposed by a unanimous vote of the Nominating Committee, the Nominating Committee begins the process again and interviews candidates from the existing pool to select a new nominee until the City Council confirms the Nominating Committee's choices.

Vacancies that are created midterm are filled in the same manner Qualifications for members are described in the respective agency's ordinances. To join a board, commission or committee you must take an oath and sometimes be required to submit a statement of economic interests. You will also be expected to participate in ethics training within a year of appointment and every two years. You may know this as the AB 1234 and AB 1825 trainings however recent legislation has changed the timelines for ethics training which we will discuss later.

You will also be expected to complete sexual harassment prevention training within six months of appointment and every two years as well Members serve four-year terms and there are no exceptions except the Youth Commissioner of the Parks and Recreation Commission who is limited to one two year term. All committee members must also serve until their successor is appointed and qualified.

Members serve at will and may be removed for any reason. Some examples of these reasons are excessive absences, verbal or physically abusive behavior, violations of ethics policies, violation of city policies and conflicts of interest. Committee appointments are non-political appointments. There is a process and procedure for the removal of members. The first step in this process is that first two City Council members advise the city manager of their intent to place an item on an upcoming agenda to consider the removal of a committee member.

Then, the city manager must contact the committee member to advise them of the request and to provide them with at least seven days' advance notice of the agendized City Council discussion regarding their removal. The committee member can then choose to resign or object to the proposed action. If they choose to resign, 60 days notice is suggested to enable the identification and replacement of the member without causing a gap in that committee's membership.

If they choose to object, they will be given an opportunity to speak at the next full City Council agendized public meeting before consideration of their removal. After completing this process, any committee member may be removed by majority city council vote at the regular City Council meeting. Each board commission or committee must elect a chair vice-chair and secretary to serve a one year term.

Committee members may nominate themselves or any other member to take those positions no second is required Once nominations are complete, a vote on the nominees and the order of nominations is taken. The nominee receiving votes from majority of the members in attendance will be appointed. If no member receives a majority, the process shall be repeated except in the event of a tie between the two top vote getters, in which case a runoff will be held.

Some boards, commissions and committees function in a purely advisory role while others also have decision-making responsibilities functioning in a quasi judicial or quasi legislative role. All committees serve in an advisory role to City Council. An advisory role for example includes recommending changes to the OMC if the change is within the committee's jurisdiction Both informal and formal means of communication may be used to fulfill this advisory role. Formally, committee recommendations related to city actions may be presented at City Council meetings as individual agenda items or action minutes.

Other boards, commissions and committees may also have decision-making responsibilities and function in hearing mode from time to time which is a quasi judicial role. These responsibilities include the granting of permits and hearings of appeals. Some examples are the Historical Preservation Commission, the Planning Commission and the Building Appeals Board.

Recommendations to City Council are made through formal action, meaning by a motion and a vote. And sometimes the approval of a resolution. Committees may also perform additional duties assigned to it by City Council. Ad hoc committees may be formed by committee vote to accomplish a specific goal within a given time frame. Ad hoc committee membership must be less than the quorum of the committee.

Ad hoc committees are also expected to give regular reports on the progress of their specific goals. You can save them for the end. And also, the electronic copy that you all have will have all of my notes in it as well. So if you would like to see any... If you want any of my talking points later, they're already memorialized in the presentation if you open up on PowerPoint, You want me to stand?

Okay, I will project.

Members are expected to review the agenda materials, attend meetings, participate in discussion and vote on agenda items. If a member is unable to attend a meeting they should notify the committee chair as soon as practical. Members of a committee shall attend in person unless arrangements are made in advance for attendance by teleconference. The chairperson presides over meetings, as well as has other responsibilities that are listed on this slide.

As a chair appears on behalf of the committee when appearing before City Council, the Chair may only speak on behalf of the Committee on a topic where an action was approved by a vote of that Committee. Each Committee also has a City Council liaison who facilitates the Committee's work and communicates information back to City Council. The council liaison does not participate in Committee discussions There are two types of meetings, regular and special.

Regular meetings may be scheduled with the posting of a cancellation notice and notification of a special meeting. Meetings may be canceled by either the chair or staff liaison. The reasons for cancellation should be sent to the council liaison mayor and city manager. Lack of a quorum of the majority of appointed members at a meeting requires meeting cancellation.

Special meetings may be held at any time upon the call of the chair, a majority of committee members or city council followed by the appropriate notice. Special meetings may be called to meet deadlines, conduct study sessions or workshops or when a quorum was not met at a regular meeting. Serial meetings and the discussion of official business outside of a notice public meeting is not allowed. Serial meetings are a violation of the Brown Act. A copy of the most recent version should have been sent to you already by the city clerk.

Committee members are subject to FPPC investigation in the event complaints are filed regarding Brown Act violations. The combined effect of serial meetings may inappropriately be a meeting of a quorum of committee members. For example, if a member of a seven-member committee speaks to more than two other members it may constitute a serial meeting. Inadvertent use of emails like the careless use of the reply all function can also result in a serial meeting.

Engaging in a discussion of city business on social media can also result in a serial meeting. A quorum is a majority of members. There can be no meeting of the committee unless a quorum is present. If less than a quorum attends, any discussion by that group is characterized as a committee of the whole but no record is made of this occurrence and no decisions can be made.

Can I interrupt, Lisa? Just because you're using the word committee and commission sometime. Interchangeably. Okay but so we use commission for us but we use committee for our ad hoc committees.

Okay.

So when you say committee should we take that to mean anything about our ad hoc committees?

Not necessarily for the ad hoc committees I'm talking about.

So we're going to treat when you use the word committee as what we would do

as a commission? Boards,

commissions, committees

interchangeably. Okay yeah that's it. We have a budget committee something like that.

We have juries, we have juries. To commission? Yes

when I say Commission Committee Board.

It's just syntax for

our... Oh yes definitely yeah thank you. Thank you for that note I will actually add that I was planning on adding that to my presentation that I was using those words interchangeably so thank you for that note all right All boards, commissions and committee meetings are subject to the Ralph M. Brown Act, colloquially known as the Brown Act which is found in the California Government Code.

Under the act all meetings must be open and public however the Brown Act does not limit an official acting in his or her own capacity meaning you still have the right to confer with your own constituents advocates consultants talk to news reporters or talk to staff or a colleague but you must make sure you are not discussing official committee business to avoid a serial meeting The use of direct communication, intermediaries or technology to develop a collective concurrence outside of a meeting is also considered a serial meeting and therefore prohibited.

The seriousness of serial meetings cannot be stressed enough and the internet makes it much easier for members of a legislative body to communicate with each other and their constituents in ways that make it easier to have a serial meeting. To avoid this, a good social media rule is to not react share or comments on a post or comment by another member of that body.

So what is not a meeting? I know I just gave you a lot of instructions on what not to do to avoid having a serial meeting but that should not discourage you from having individual communications or contacts with other members about non-committee matters. There is no prohibition on attending public conferences or other local agency meetings, community meetings and social gatherings.

Informal meetings with staff are also not a violation of the Brown Act. This slide is also just some additional information about social media communication that I discussed previously that you can review for additional guidance if you would like. The agenda constitutes the roadmap for the meeting. The format and sequence of a committee's agenda is discussed in detail in the handbook, and I would refer you to the handbook if you need additional details regarding the agenda for the Arts Commission.

Committees are governed by Rosenberg's Rules of Order. Rosenberg's Rules of Order contains specific rules of conduct. Every member desiring to speak shall address the chair, and upon recognition by the chair can find contributions to the matter at hand, avoiding all indecorous language and personal attacks as well as tendential discussions of non-agendized items.

A member may not interrupt the speaker except for the following reasons. The first is privilege. The proper interruption would be point of privilege. The chair would then ask the interrupter to state your points. Appropriate points of privilege relate to anything that would interfere with the normal comfort or application of the meeting, for example if the room were too hot or too cold or if the speaker wasn't working.

Order. The proper interruption would be point of order. Again, the chair would ask the interrupter to state your point Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that debate. The third is appeal. If the chair makes a ruling that a member of the body disagrees with, a member may appeal the ruling of the chair.

Their proper interruption is I appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote then the ruling of the chair is deemed reversed. The fourth is to withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor at any time may interrupt the speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn and any other member may make the motion once recognized.

Other rules of testimony to keep in mind are that all comments should be addressed to the committee as a whole and not individual members of the committee, members of the public or staff. It is also helpful but not required for speakers to state their name in order that the secretary might identify them in the minutes of the meeting. The chair may limit public speakers to three minutes or less depending on the number of speakers and length of agenda.

The process of consideration and action on an item is handled within the following four steps. The first is presenting the item, the chair should announce the agenda item number and subject. The chair should then announce any special procedures to be followed for example if the item is a quasi-public judicial hearing. This is also when members would announce their conflicts of interest if any and recuse themselves from the vote and leave the room The chair should then invite the appropriate people, typically city staff to report on the item.

The chair may provide an opportunity for committee members to ask clarifying questions to the person providing the report. This is not preferred as questioning tends to segue into position statements before public input is taken which is inconsistent with open meeting principles. The second is asking for public input The chair opens the meeting to public input and may limit speakers' time as discussed previously.

A response to public comment, if appropriate, should not be provided until after public comments are finished. The third is the considering of the item. The chair then requests committee deliberation. Member deliberation would include questions of the person making the report or others with relevant knowledge, consideration of alternatives to the recommendation, additional considerations not previously stated and other relevant facts and opinions.

The fourth is deciding. The committee then decides by a motion in voting If you need more information about the procedures that govern motions and voting, I would direct you to appendices B and C in the handbook for more detailed information. For all action items, the chair should invite a motion from the members. No motion is made if the agenda item is received a report unless the committee wishes to address recommended actions contained within that report.

Once a vote is taken discussion on the item ends. For public hearings, there are additional guidelines. After receiving the staff report, the chair opens the public hearing and accepts testimony in the following order. First, the applicant or proponent speaks. Second, the opponent speaks. Third, a rebuttal and surrebuttal are allowed but in the sole discretion of the committee.

Fourth, public comment is heard, and then the chair will close the public hearing. Committees may take action in different ways, either formal or informal. Informal actions meaning that no vote is required generally take the form of the chair giving direction after input from other committee members. Informal actions would include requesting information from staff or suggesting that a committee member report on a future agenda topic Formal actions are taken by establishing a quorum, considering a motion and voting.

Most actions require a vote by a majority of the appointed members unless a supermajority vote is required. All formal actions must be listed in the agenda and require a motion and a vote in the affirmative. Motions are the vehicles for taking formal actions. A motion should be introduced on a matter after general information is shared, options have been identified and members share their opinions and seek to persuade.

The chair shall ensure that all motions are clearly stated and commonly understood before allowing further deliberations and voting. Items may be continued by committee vote to a subsequent time for the following types of reasons. The committee requires additional information during the meeting, new information or issues come to light during the meeting and need further study.

Other reasons that are deemed appropriate and substantial by that committee In addition, a committee hearing like the Planning Commission and the Building Appeals Board may continue an item when the applicant cannot appear at the meeting and has requested that item be continued. The application is revised by the applicant during the meeting. And the committee requests that the application be revised.

Disrupting means engaging in behavior during a meeting that disrupts, disturbs or impedes the orderly conduct of the meeting. Prior to removing an individual, the chair shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavioral behavior may result in their removal. The chair may then remove that individual if the behavior continues.

If there has been a use of force or true threat of force, there is no obligation for the chair to provide a warning to that individual before removing that individual from the meeting. Yes. I would hope not. The public has a right to review and inspect public records with certain exceptions. Those exceptions are the pending litigation exception, which exempts documents prepared in support of ongoing litigation.

The deliberative process exception, which exempts preliminary drafts notes or other information relating to the deliberative process. The personal privacy exemption, which exempts personnel files, medical records and other such records. Disclosure of which would constitute an invasion of privacy. Other records that are exempt are real estate appraisals, records pertaining to investigations, preliminary notes, drafts or memos that are not kept in the ordinary course of business.

If you need examples of what constitutes a public record I will refer you to this slide. That middle paragraph right there explains what public records are. An agency must make copies of disclosable records promptly available upon request. And agencies shall respond within 10 days with a determination if there are disclosable records and can request an extension of 14 days to request for unusual circumstances.

A writing can be considered retained by the agency even if that writing is retained in the employee's personal account, if that writing relates to the conducting of the agency's business. Therefore it would be subject to disclosure under the Public Records Act. Privacy concerns are addressed on a case-by-case basis. That is why it is very important not to use any of your personal accounts when conducting official committee business.

Committee members are representatives of the city, meaning they have a duty to represent the city and to take only those actions they believe are for the benefit of the city. Committee members are expected to comply with all applicable laws and have the ethical duties of loyalty, due diligence, and avoiding bias. Under the Levine Act, no member with the power to make decisions or recommendations may accept, solicit, or direct a contribution of over $500 while a proceeding like a license, a permit, or other use entitlement is pending before them from a participant party or their agents.

This also applies for 12 months after a final decision is rendered. This only applies to committee members who are running for elected office. If a member has received a contribution of $500 within the preceding 12 months, that fact must be disclosed on the record of the proceedings before rendering any decision. If a member willfully or knowingly receives such a contribution within the preceding 12 months, the member may not participate in the decision-making of that proceeding or use their position to influence such decision.

This requirement applies both to members that participate in proceedings as well as those running for office. We already discussed members' ethics and sexual harassment prevention training obligations. However, the new legislation, namely SB 827, amends the ethics training requirement deadline to align with that of the sexual harassment prevention training. So that all mandated trainings must now be completed within six months of starting service.

Effective January 1st, 2026 SB 827 also expands the ethics training mandate to all department heads or other similar administrative officers regardless of their designation and the agency's conflict of interest code. Certain members will also be required to complete fiscal and financial trainings every two years. SB 827 only exempts county auditors, county treasurers, and county tax collectors from the fiscal and financial trainings. SB 827 also expands records disclosable under the California Public Records Act to include fiscal and financial trainings, the records of which must also be maintained for five years.

Also starting July 1st, 2026 an agency must post on its website instructions and contact information regarding how to request those records. The city has a policy against using copyrighted works. The purpose of this policy is to protect the city from the legal and operational challenges associated with the use of copyrighted materials during public meetings.

Best practice is not to use any of these materials at the meetings. If you need more information regarding this, please refer to the slide. Now we're segueing into the individual roles and responsibilities of the Arts Commission. The Arts Commission serves an important role in the city of Ojai by encouraging the flow of art into the valley and stimulating art and cultural activities within the community.

The commission does this by making recommendations to City Council regarding art acquisitions, proposals for public artworks, and all other matters pertaining to arts for the city. Additionally the city the Arts Commission maintains a website that is dedicated to local artists special events City Hall exhibits and other projects are related to art in the community The objective of diving more in-depth regarding your specific role on the Arts Commission Is to familiarize you with the laws that govern your position? The procedure is necessary to properly effectuate your position. And most importantly, they're responsibly specific to your role on this commission The commission shall annually elect a chairperson, vice-chairperson and other officers deemed necessary including a secretary who does not need to be a member of the commission.

In the absence or disability of either the chairperson or vice-chairperson, the commission may designate a chairperson pro tempore. Regular meetings of the Commission shall be public and shall be held at least quarterly. Minutes of all the Commissioner's meeting shall be kept, and the Secretary of the Commission will deliver copies to the City Clerk for filing and distribution to the members of the City Council within 15 days after the Commission's approval.

The Commission follows the rules of order and procedures set forth in the City's Boards and Commissions Handbook. In the absence of specific rules of conduct or procedures, Rosenberg's Rules of Order will apply. Three members of the Commission if there are five commissioners, or four members of the Commission if there are six or seven commissioners shall constitute a quorum without regard to residency.

I know you will be up to six soon if Council approves the filling of vacancy next week A simple majority of the votes of a quorum as present shall be required to pass the motion. The Arts Commission's powers and duties are set forth in OMC Chapter 4-16.107 I am going to provide you with a broad overview of them if you need further information regarding any of these points, I will refer you to the explanation in the slides as well as Ojai Municipal Code The function and powers of the Art Commission are limited to advising City Council regarding matters pertaining to the arts in the community, making recommendations to City Council regarding the same.

Working cooperatively with the other city boards and commissions to encourage partnerships for the arts and the flow of art into the city, to review and evaluate grant proposals to carry out other necessary duties, to prepare and submit to city council every two years a five-year arts projects plan. Prior to submission the Arts Commission shall review all ongoing and future capital improvement and development projects for public arts opportunities.

You're also responsible for the Public Arts Program, and you have several duties associated with the Public Arts Program. The purpose of the Public Arts Program is to enrich the built environment of the city. The Public Arts Program among other things requires that the public art be included as part of certain private and public development projects in the city.

Part of your roles and responsibilities as a member of the Arts Commission is to carry out those duties for the Public Art Program. Some examples of projects that are exempt from the requirements of the program are non-profit service projects, affordable housing developments, remodeling repair or reconstruction of structures to comply with earthquake safety codes.

For a comprehensive list of projects that are exceptions you can see OMC 4-16.205 The Arts Commission may waive the strict compliance, in whole or in part, in respect to any covered project otherwise subject to the requirements of the Public Arts Program and instead permit that responsible party to meet compliance by these three factors. The first one is the contribution— I'm sorry—the contribution of approved off-site public work, an annotation of an approved artwork to the City Art Collection, or a monetary contribution to the Public Art Fund.

The Arts Commission may also waive the requirements for covered projects, which are also city projects when it determines that it would be in the public interest to do so. When selecting a location for art, the final location should be subject to the approval of the Arts Commission. No final city approval such as final inspection or a certificate of occupancy for any covered project shall be granted or issued until full compliance is achieved in one of the following ways. The first one is the approved artwork has been placed in an approved on-site or off-site location and a matter satisfactory to the Arts Commission. The second is The donation of an approved artwork to the City Art Collection is made in a manner approved by the Arts Commission, or the Public Arts Program allocation amount is credited to the Public Arts Fund.

When selecting a location for art, the final location shall be subject to the approval of the Arts Commission. Eligibility requirements for each project are also established by the Arts Commission. Specifically excluded are artworks created by students under the supervision of art instructors to satisfy course requirements and artists who are members of the Arts Commission.

The following criteria is considered in the selection of artwork, quality Media, style, environment, permanence, elements of design, diversity, limitation and mural. More about each individual requirement can be found in OMC 4-16.210. In selecting artwork for private and public development except when a public art jury has been called, the Committee to Approve Public Art or CAPA will recommend private and public development projects to the Arts Commission for final review and approval or disapproval.

Additionally, the Community Development Director will review the artwork and its placement in landscaping elements and may refer the artwork to the Planning Commission for approval. The procedures governing the applications for placement and approval for inclusion of proposed artwork on private property will be considered by CAPA first, which will recommend approval or denial to the Arts Commission.

The Arts Commission will then consider the recommendation before giving the final approval for the proposed project. The Community Development Director will also review the artwork and its placement in relation to architecture and landscaping elements, and may refer the application further to the Planning Commission for design review approval. If significant revisions to the architecture or physical design and layout of the proposed project are made after the commission's approval, the application if legally permitted will be returned to CAPA for further review and recommendation concerning their revised proposal prior to final approval by the Arts Commission.

If the responsible party of the project has not applied for a building permit within three years of the date of the Arts Commission's approval of the project, their project will be considered null and void, and the responsible party must resubmit a public art proposal to CAPA. All proposed donations of artwork will be considered by the Arts Commission. The commission will determine when an issue has been addressed and recommend acceptance or rejection of the artwork to the City Council, and then the procedures for maintenance and conservation of artworks will also be established by the Arts Commission as well as a maintenance schedule.

Those are all your duties for the Public Arts Program. Let me know if you have any questions now is the time.

Thank you. Thank you. I'm sure we do. And it seems OK, so the second the end where you gave the Arts Commission specifics, I think you were reading right from 416. Is that right?

There are contained in four 16. Yeah.

Everything you're reading was in there. Yes. So we can and yes. It's in the code

speaker. Can

you hear me? We're familiar at least

So the first part of your presentation.

My age shows, but we had Robert's Rules of Orders. But would that all be Rosenberg? It's Rosenberg.

Yes, it's been Rosenberg's. Okay.

I know it's been, but not in high school debate class. You're like close enough. Okay, it was close enough. So thank you for that. That was actually... I want to make sure that we have specifics on that. I had some questions, but I was gonna invite other commissioners. Have you had somewhere you wanna hear from me first? I'm curious how this This is wonderful to have this because and I'm glad You've got on the agenda. I'm just curious tonight there were just two things that got on the agenda without We're put on the agenda for me So, I guess that's what it does the manager or the council or have a way to put things on our agenda? I'm just curious

It was able to approve the agenda before it's posted.

OK, yeah, the attorney essentially like the city attorney will anybody essentially can put like I'm sorry, it's the as long as it makes you makes the makes the agenda before like the itemized time any of the commission members, the city manager or anybody can put something on the agenda as long as it Publicly posted as long as you follow the notice. I'm sorry the notice requirements

Why was that? You know, I learned from my predecessors So we have some habits here and I'm you know five years in so I you know They're sort of this is the way we do it here, you know But I was told that they that the chair sets the agenda which is was in your notes or to Commission members can petition

That was for the removal of a commissioner. Okay, that

was just for that? Yes. So who can put things on my agenda or I mean who can do that like in the public do that? Can they? No no no. The mayor can't do that

Essentially it if it's discussed and that with the chair, then the chair can make a motion to put it on the

agenda All right. All right. So it was probably just a little sloppy or oversight

I think it was

Discussed about being in our February agenda. Yes a while ago Okay. Alright, so that's why we put it on this one But the discussion item didn't go through you. So I'm gonna take A lot of blame for that. I'm

really not trying to point anything, I'm just curious what can appear on our agenda

without us knowing. It got posted without his review before. So ostensibly I knew about it

right?

I believe the rule is that the chair sets the agenda and that any two members of the commission can put something on the agenda as well.

Well, I think I just heard no on that two-member

thing. No, when you said two members, I thought you were referring to the voting of the removal? No, I was referring to agenda items.

Two members of the Commission can put something on the agenda prior to...

Is it two members or is it a quorum? It's just number two.

I believe it's two.

Yeah, I

believe it's two

OK, I don't understand this. So I'm learning this tonight that if I wanted to just put something on the agenda that we have not discussed prior at our meetings and we have on our agendas to discuss future agenda items, I could just go to City Hall with another arts commissioner and say, We want these items on the agenda

Or you go to me and then I would have to accept it, I think. Yes,

yes. Essentially the chair has to be involved like you would go and you...yes.

We have the Brown Act aficionado here. I

mean

there's rules and then there's protocol. May I recognize Steve?

Okay do you want to do can you hold them or do you want to do it now?

OK. It just seems like we have procedure here that as a commission, we discuss what work we want to do and come to consensus about what will be our next agenda items. So I just want to understand clearly that if I decided for some rogue reason that I wanted to discuss something completely irrelevant, I would be allowed to add something to the agenda If I had a second regardless of the chair. Sure

you could bring it to me and I would

have to bring it to the chair yes

because I set the agenda yeah you got plans but

you can't

do it without the chair

but that's what you elected

here so you elect the chair

they said any two members so just wanna okay no that's make sure

that we're not put it on the agenda I think we're good

Yeah, I mean to clarify this happens very seldom right? But it's in the instance where you're seeking to override the view of the chair because you don't agree and that means that he can't be the bottleneck. It's just language but it doesn't happen with us correct

We've got three lawyers at the table, so this is going to maybe get in the dirt and I act like one sometimes. Committee, commission, you answered that? The serial meetings. You mentioned it during a serial meeting the proper response was just be silent if something's occurring. If anyone's exposed to a quorum or a serial meeting I think you said the proper response was to just sit.