Chapter 1 — RULES OF PROCEDURE

Article 1 Meetings

The Rent Review Board shall meet only when there is an eligible issue (e.g. rental increase that meets the program's eligibility review criteria, proposed program amendments) for it to review. When meetings do occur, they will be held on the fourth Tuesday of the month, convening at the hour of 7:00 p.m. When the day or the day following the day fixed for such regular meeting falls on a legal holiday, such meetings shall be held at such time as agreed upon by the Board.

The Chair of the Board shall call special meetings of the Board whenever the business of the Board shall so require, or at the express written request of any three members of the Board. Written notice of the time and place and the business to be transacted at such special meeting shall be delivered by personal delivery, by mail, or by email at least 24 hours in advance of such meeting to each member of the Board, to the City Manager, the City Clerk and to each local newspaper of general circulation, radio or television station requesting notice in writing. No other business shall be considered at such special meeting.

All meetings of the Board shall be held at the Civic Center, City of San Leandro, unless, in the opinion of the Board, the interests of the City and Board could be best served by holding such meetings elsewhere.

The Secretary shall prepare an agenda for all matters to be submitted to the Board; shall distribute the agenda and related materials to all interested parties; and shall post the agenda not less than 72 hours prior to the date of a regular meeting; and not less than 24 hours prior to the date of a special meeting.

Article 2

Officers

The presiding officer of the Board shall be the Chair who will be elected at the first regular meeting in March of every year. The Chair shall preserve order and decorum at regular and special meetings of the Board; shall state each question; shall announce decisions; shall decide all questions of order subject to an appeal to the Board; shall vote on all questions; shall appoint all committees; and shall generally perform the duties of a presiding officer.

The Vice Chair of the Board shall be elected annually at the first regular meeting in March of every year. The Vice Chair shall preside in the absence of the Chair or upon the request of the Chair. In the event the Chair shall arrive late, the Vice Chair shall relinquish the chair upon conclusion of the business then pending before the Board.

In the event of the absence of the Chair and Vice Chair or their inability to act, the Board Members present shall elect from their membership a Chair Pro Tem to serve during such temporary absence. In the event the Chair or Vice Chair shall arrive late, the Chair Pro Tem shall relinquish the chair upon conclusion of the business then pending before the Board.

No member of the Board shall serve more than two successive full terms of one year as Chair or Vice Chair of the Board provided that this limitation may be waived upon a finding of good cause and by an affirmative vote of a majority of the members of the Board.

The Secretary of the Board shall be the Housing Manager. The Secretary shall keep all minutes; shall prepare and distribute the agenda; shall furnish all members of the Board with a copy of the agenda, plus copies of all correspondence and other papers relating to items appearing on the agenda; and shall follow all legal noticing requirements. Items which are of general interest and not requiring action on the part of the Board need not be included in the agenda, but may be mailed to all members of the Board.

A majority of the members of the Board shall constitute a quorum for the transaction of business.

Article 3

Order of Business

Upon opening the meeting and after determining that a quorum is present, the Chair shall call the meeting to order. The call to order may be immediately followed by the Pledge of Allegiance or other opening ceremonies.

Special items not appearing on the agenda may be presented by any member of the public or Board with the consent by a two-thirds vote of the members present or by unanimous vote if less than two-thirds of the body is present, and subject to any applicable legal requirement including the Ralph M. Brown Act (California Government Code § 54950 et seq.).

Article 4

Request for Hearing

No application for a hearing shall be placed on the agenda of a regular meeting of the Board unless such application is filed with the Community Development Department by 5:00 p.m. of the 14th day preceding such regular Board meeting. Applications received after this deadline will be placed on the following regular meeting agenda. This rule may be waived, for good cause, by the Secretary to the Board.

Article 5

Conduct of Business

The current edition of Robert's Rules of Order Newly Revised, except where inconsistent with the express provisions of law or these Rules of Procedure or other resolutions of the Board, shall generally govern the conduct of meetings of the Board.

Before proceeding with the business of the Board, the Chair shall call the roll of the membership, and the names of those present shall be entered in the minutes. If a Board Member is unable to attend a meeting, either the Secretary or the Chair shall be notified before the meeting.

Each person addressing the Board shall give one's name in an audible tone of voice for the record. If the person is appearing in a representative or professional capacity such as an attorney, landlord, tenant, etc., the person shall state the name of the individual or organization being represented. Unless additional time is granted by the Chair, all remarks shall be limited to five minutes. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than members of the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, except through the Chair.

The hearings shall generally follow the format described below:

1. Chair opens hearing.

2. Petitioner shall have up to five minutes to present case.

3. Board asks questions to clarify information or to obtain additional information from
petitioner.

4. Respondent shall have up to five minutes to present case.

5. Board asks questions to clarify information or to obtain additional information.

6. Chair closes hearing.

7. Board deliberates.

8. By consensus, Board develops findings and recommendations.

9. Board records vote on findings and recommendations.

The Board may at its discretion vary from this format in appropriate circumstances including,
but not limited to, increasing or reducing the amount of time a petitioner or respondent has to
present a case, and allowing for a spokesperson to speak on behalf of a group of petitioners.

At the close of the Hearing the Board shall deliberate and vote on the matter. The Board may
approve, conditionally-approve, or deny an application with findings; refer a matter to the City
Council without action; continue an item to a future meeting; or refer an item to staff. No
evidence shall be taken after the close of the Hearing. The Hearing may be reopened for the
taking of further evidence, at the discretion of the Commission.

Article 6
Voting

The vote shall be taken by show of hands, voice vote, roll call, or electronic voting.

All Board actions shall require the affirmative votes of a majority of the members of the Board.

Article 7

Committees

Upon the introduction of any new matter for consideration by the Board, the Chair may refer the same to a committee of the Board, appointed by the Chair to study such item of business and recommend to the Board. The application of this section shall be at the sole discretion of the Chair, and shall be used by the Chair to provide a more even flow of business appearing before the Board.

Committees shall consist of two Board Members. The Chair of the Board may serve in an ex- officio capacity on all committees.

Committees shall be empowered to meet with organizations or individuals as necessary in order to properly prepare their reports.

Committees shall, in meeting with other organizations or individuals, limit themselves to gathering pertinent facts and explaining previously adopted policies of the Board. They shall not make any commitments on behalf of the Board; promise any action on the part of the Board; initiate or organize any group or urge specific action by an organized group or individual, unless specifically empowered to do so at the time of appointment; take any action which would in any way compromise the position of the Board or place the Board in an embarrassing position before the public.

Article 8

Relations with Press, the General Public, the City Council and Other Boards and Commissions

All information on action by the Board shall be released only by the Secretary or the Chair, unless by majority vote the Board shall give such authority to another member of the Board. Board Members shall refer all requests for information to either the Secretary or Chair, and shall not endeavor to interpret any action of the Board.

Any Board Member may give a personal evaluation of a Board action, as long as it is made as a private citizen and so quoted.

Article 9

Amendments

The Board may make recommendations to the City Council for amendments to these Rules of Procedure.

Editor's Note: Former Title 13, Livermore-San Leandro Home Financing Authority, was
removed and former Title 22A, Chapter 1, Rent Review Board: Rules of Operation, was
renumbered to be Title 13, Chapter 1, Rent Review Board: Rules of Procedure, during the
2005-06 republication. Legislative history for Title 22A, Chapter 1: Resolution No. 2002-39,
03/18/2002 [§§22A.1.100-22A.1.700]; Resolution No. 2002-131, 09/06/2002 [§22A.1.115];
Resolution No. 2005-103, 07/05/2005 [§22A.1.100]
(Resolution No. 2006-034, 04/03/2006 [§§13.1.100-13.1.900]; Res. No. 2024-061, 6/17/2024
[§§13.1.100-13.1.900])

Title A14

BOARD OF APPEALS

Chapter 1 Article 4
RULES OF PROCEDURE Conduct of Business

Article 1 § 14.1.400. RULES.
Meetings § 14.1.405. ROLL CALL.

§ 14.1.100. MEETINGS. § 14.1.415. HEARING.

Article 2 § 14.1.500. MANNER OF TAKING Officers VOTE.

Commissions § 14.1.220. SECRETARY.

THROUGH CHAIR. Article 3

THROUGH OTHER BOARD MEMBER.

CHAPTER 1 RULES OF PROCEDURE

Article 1

Meetings

Meetings of the Board of Appeals shall be held on an as-needed basis.

The Chair of the Board shall call special meetings of the Board whenever the business of the Board shall so require, or at the express written request of any three members of the Board. Written notice of the time and place and the business to be transacted at such special meeting shall be delivered by personal delivery, by mail, or by facsimile at least 24 hours in advance of such meeting to each member of the Board, to the City Manager, to the City Clerk and to each local newspaper of general circulation, radio or television station requesting notice in writing. No other business shall be considered at such special meeting.

All meetings of the Board shall be held at the Civic Center, City of San Leandro, unless, in the opinion of the Board, the interests of the City and Board could be best served by holding such meetings elsewhere.

The Secretary shall prepare an agenda for all matters to be submitted to the Board; distribute the agenda and related materials to all interested parties; and shall post the agenda not less than 72 hours prior to the date of a regular meeting and not less then 24 hours prior to the date of a special meeting.

Copies of the agenda, or the Notice of Cancellation if a meeting has been cancelled, shall be delivered to each member of the Commission, to each member of the City Council, to the City Manager, and to the City Clerk.

Article 2

Officers

The presiding officer of the Board shall be the Chair who shall be elected at the first meeting following the appointment of a new Board. The Chair shall preserve order and decorum at regular and special meetings of the Board; shall state each question; shall announce decisions; shall decide all questions of order subject to an appeal to the Board; shall vote on all questions; shall appoint all committees; and shall generally perform the duties of a presiding officer.

The Vice Chair of the Board shall be elected at the first meeting following the appointment of a new Board. The Vice Chair shall preside in the absence of the Chair or upon the request of the Chair. In the event the Chair shall arrive late, the Vice Chair shall relinquish the chair upon conclusion of the business then pending before the Board.

In the event of the absence of the Chair and Vice Chair or their inability to act, the Board Members present shall elect from their membership a Chair Pro Tem to serve during such temporary absence. In the event the Chair or Vice Chair shall arrive late, the Chair Pro Tem shall relinquish the chair upon conclusion of the business then pending before the Board.

A member of the Board may serve as Chair or Vice Chair of the Board until replaced by an affirmative vote of a majority of the members of the Board.

The Secretary of the Board shall be the Chief Building Official and shall keep all minutes, prepare the agenda and furnish all members of the Board with a copy of the agenda, plus copies of all correspondence and other papers relating to items appearing on the agenda; and shall follow all legal noticing requirements. Items which are of general interest and not requiring action on the part of the Board need not be included in the agenda, but may be mailed to all members of the Board.

A majority of the members of the Board shall constitute a quorum for the transaction of business.

Article 3

Order of Business

Upon opening the meeting and after determining that a quorum is present, the Chair shall call the meeting to order. The call to order may be immediately followed by the Pledge of Allegiance or other opening ceremonies.

Special items not appearing on the agenda may be presented by any member of the public or Board with consent by a two-thirds vote of the members present or by unanimous vote if less than two-thirds of the body is present, and subject to any applicable legal requirement including the Ralph M. Brown Act (California Government Code § 54950 et seq.).

Special items not appearing on the agenda may be presented by any member of the public or Board with consent by a two-thirds vote of the members present or by unanimous vote if less than two-thirds of the body is present, and subject to any applicable legal requirement including the Ralph M. Brown Act (California Government Code §54950 et seq.).

Article 4

Conduct of Business

The current edition of Robert's Rules of Order Newly Revised, except where inconsistent with the express provisions of law or these Rules of Procedure or other resolutions of the Board, shall govern the conduct of meetings of the Board.

Before proceeding with the business of the Board, the Secretary shall call the roll of the membership, and the names of those present shall be entered in the minutes. If a Board Member is unable to attend a meeting, either the Secretary or the Chair shall be notified before the meeting.

Each person addressing the Board shall give one's name in an audible tone of voice for the record. If the person is appearing in a representative or professional capacity such as an attorney, engineer, etc., the person shall state the name of the individual or organization being represented. Unless additional time is granted by the Chair, all remarks shall be limited to five minutes. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than members of the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, except through the Chair.

At the close of the Hearing the Board shall deliberate and vote on the matter. The Board may approve, conditionally-approve, or deny an appeal with findings; or continue an item to a future meeting. No evidence shall be taken after the closing of the Hearing. The Hearing may be reopened for the taking of further evidence, at the discretion of the Board.

Article 5

Voting

The vote shall be taken by show of hands, voice vote, roll call, or electronic voting.

All Board actions shall require the affirmative votes of a majority of the members of the Board.

Article 6

Relations with Press, the General Public, the City Council and Other Boards and Commissions

All information on action by the Board shall be released only by the Secretary or the Chair, unless by majority vote the Board shall give such authority to another member of the Board. Board Members shall refer all requests for information to either the Secretary or the Chair, and shall not endeavor to interpret any action of the Board.

Any Board Member may give a personal evaluation of a Board action, as long as it is made as a private citizen and so quoted.

Article 7

Amendments

The Board may make recommendations to the City Council for amendments to these Rules of Procedure.

Editor's Note: Former Title 14, Board of Appeals, was removed prior to the 2005-06
republication and re-created during the 2005-06 republication.
(Resolution No. 2006-034, 04/03/2006 [§§14.1.100-14.1.700]; Res. No. 2024-061, 6/17/2024
[§§14.1.100-14.1.700])

Title A15

COMMUNITY POLICE REVIEW BOARD

Chapter 1 Article 4
DEFINITIONS Conduct of Business

§ 15.1.100. DEFINITION OF TERMS. § 15.3.400. RULES.