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2015-02-12 Business and Industry Commission Agenda Packet (Special)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the Commission in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda Special Vernon Business and Industry Commission Meeting Thursday, February 12, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California Brett Dedeaux, Commission Member Eric Gustafson, Commission Member Ken Jackson, Commission Member W. Michael McCormick, Commission Member Douglass Pitman, Commission Member Stan Stosel, Commission Member Robert Wendoll, Commission Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the Commission on any matter that is within the subject matter jurisdiction of the Commission. The public will also be given a chance to comment on matters which are on the posted agenda during deliberation on those specific matters. INTRODUCTORY ITEMS 1. Self-introductions by all Vernon Business and Industry Commission members. 2. Election of Chairperson and Vice Chairperson to serve until the next annual election. 3. Review of the Conflict of Interest Code and Rosenberg’s Rules of Order by the City Attorney. 4. Staff Explanation of Meeting Stipends pursuant to Vernon Municipal Code Section 2.182. Special Vernon Business and Industry Agenda February 12, 2015 Page 2 of 2 5. A Resolution of the Vernon Business and Industry Commission of the City of Vernon setting the date, time and place for regular meetings. Recommendation: (1) Find that adoption of the proposed resolution does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Select a day and time in which members are available to hold regular meetings on the second week of the following months: February, May, August, and November; and (3) Subsequently, adopt a resolution to set the Vernon Business and Industry Commission regular meeting schedule incorporating the Commission’s selection of the specific day and time. PRESENTATIONS 6. Staff overview of Vernon’s historical and current business/industrial landscape and objectives. 7. Staff review of Commission duties and responsibilities in accordance with Vernon Municipal Code Section 2.179. ORAL REPORTS 8. Brief reports on activities, other brief announcements, and directives to staff. ADJOURNMENT Special Agenda Authorized by the Executive Director of the Vernon Business and Industry Commission By: ________________________________________ Mark Whitworth, Executive Director I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 9th day of February 2015. By: ________________________________ Maria Ayala, Secretary RECEIVED FEB 0 3 20,5 CIIY ADMINISIRATIONSTAFF REPORT Honorable Members of the Vernon Business and Industry Commission Ana Barcia, Secretary $ REGEIVED FEB g I 2015 CW CLERKSOIFICE TO: FROM: RE:Election of Chairperson and Vice Chairperson to serve until the next annual election that is scheduled to occur during the first Commission meeting after July 1,2015. Recommendation It is recommended that the Vemon Business and Industry Commission conduct its annual election of Chairperson and Vice Chairperson pursuant to the Vemon Municipal Code. Backsround Section 2.178(a) of the Vemon Municipal Code states that "[t]he Commission shall have a Chairperson and Vice Chairperson, who shall be from different appointing categories pursuant to section 2.174. The Chairperson shall preside over all Commission meetings. The Vice Chairperson shall, in the absence of the Chairperson, perform the duties of the Chairperson." Section 2.178(b) of the Vernon Municipal Code states that "[t]he Commission mernbers shall elect the Chairperson and Vice Chairperson at its first meeting and at its first meeting following July 1 each year. If the first meeting after July 1 is a special meeting, a chairperson shall only be elected with an affirmative vote of at least four mernbers of the committee; if there are insufficient votes, then the existing Chairperson shall continue to serve until the first regular meeting thereafter. No Commission member may serve as Chairperson for more than two (2) consecutive years." Fiscal Impact There is no fiscal impact. CITY CLERK'S OFFICE February 12,2015 RECEIVED FEB 0 3 20ts CITY ADMINISIRATIONSTAFF REPORT Honorable Members of the Vernon Business and Industry Commission Ana Barcia, Secretary Review of the Conflict of Interest Code and the Rosenberg's Rule of Order by City Staff Conflict of Interest Code On October 7,2014, the City Council of the City of Vernon approved Resolution No. 2014-61, adopting a Master Conflict of Interest Code for the City of Vernon and all agencies, boards, and commissions affiliated with the City that incorporates by reference the standard model conflict of interest code of the Fair Political Practices Commission. A copy of which is attached herewith. All Vernon Business and Industry Commission members have been advised that they must file a statement of economic interest, commonly referred to as a Form 700, in compliance with said Code, with the City Clerk's Office. All members should be aware of the potential for a conflict of interest when making decisions in their capacity as a board member of the Vernon Business and [ndustry Commission. During the February 12, 2015, meeting, Commission Counsel will provide a brief overview on the tlpes of things Commission members should be aware of as it results to potential conflicts, and how to determine if a conflict or potential conflict exists. Commission Counsel will also go over the resources available to Commission members regarding conflicts of interest, and the procedures for recusals. Rosenberg's Rules of Order Pursuant to Vernon Municipal Code Section 2.1-l "[a]ll meetings of the City Council, and of every advisory body created by the City Council, shall be conducted in accordance with Rosenberg's Rules of Order, latest revised edition." A copy of which is attached herewith. City staff will address any questions or concerns regarding the rules of order during the February 12,2015, meeting. P.traElvED F.\,,192015 TO: FROM: RE: C[['{ urtiii(S0FFICE CITY CLERK'S OFFICE DATE:February l2r20l5 RESOLUTION NO. 2O].4-6L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE VERNON ADOPTING A MASTER CONELICT OF ]NTEREST CODE FOR THE CITY OF VERNON AND ALL AGENCIES, BOARDS, AND COMMISSIONS AFEILIATED WITH THE C]TY THAT ]NCORPORATES BY REEERENCE THE STANDARD MODEL CONFLICT OE INTEREST CODE OF THE EAIR POLITICAL PRACTICES COMM]SSION WHEREAS, the Pol-itical Reform Act (Government Code Sections 81000, et seq. ), requires state and local government agencies to adopt and promulgate conflict of interest codes for each department of the City, and WHEREAS, the Fair Poritical practices commission (the "FPPC"), has adopted a regulation (2 CaL. Code of Regulations Section 18730), that contains the terms of a standard conf]ict of interest code and may be incorporated by reference as the city, s code; and WHEREAS, the standard conflict of interest code may be amended by the FPPC after public notice and hearing to conform to amendments in the Political Reform Act; and WHEREAS, section 4.5 of the charter of the city of Vernon provides that regulations pertaining to any subject or model codes may be adopted by reference, in their original form or with amendments; and WHEREAS, on January 21, 201,4, the city council of the city of vernon adopted Resorution No. 2014-oL, adopting by reference the terms of 2 CaI. Code of Regulations Section 18730; and WHEREAS, each of the following agencies, boards and commissions affiliated with the City have adopted its own confl-ict of interest codes: vernon Historic preservation society (.vHps-), rndustriar Development Authority (*rDA,,), vernon Housing commission ('VHC"), Vernon Housing Authority ('VHA"), Successor Agency to the Redevelopment Agency (*SA"), Oversight Board of the Successor Agency to the Redevelopment Agency (*OB") and Sustainable Development and Energy Efficiency Commission ("SDEEC"); and WHEREAS, in accordance with Government Code Sections 87306 and 87306.5, the Conflict of Interest Codes have been revj-ewed; and WHEREAS, the City Council of the City of Vernon has deleted, added and/or modified certain job titles and wishes to adopt a Master Conflict of Interest Code for the City of Vernon and all agencies, boards and commissions to reflect current positions for designated employees required to report financial interests under designated disclosure categories. NOW, THEREFORE, CITY OF VERNON AS FOLLOWS: SECTION 1: The BE IT RESOLVED BY THE CTTY COUNCIL OF THE finds and City Council of the City of Vernon hereby the above recitals are true and correct. City Council of the City of Vernon finds under the California Environmental Quality with Section 15051 (b) (3), the general rule projects that may have an effect on the determines that SECTION 2: The that this action is exempt Act (CEQA), in accordance that CEQa only applies to environment. SECTION 3: Effective October 7, 20L4, the City Council of the City of Vernon hereby adopts the Conflict of Interest Code for the Vernon CommUNITY Fund and the Vernon Business and Industry Commission. SECTION 4z Effective January L, 20'J,5, the City Council- of the City of Vernon hereby adopts the Master of Conftict of Interest Code, by reference, the terms of 2 CaI. Code of Regulations Section 18730, and any amendments to it dury adopted by the Eppc. That -2- Regulation, along with Appendix No. 7, designating positions and establishing disclosure requirements, which is attached hereto and incorporated by reference, shalI constitute the Conflict of Interest Code of the City of Vernon. SECTION 5: The foll-owing positions are not covered by this Master of Conflict of Interest Code because individuals holding these positions must file under Government Code Section 87200, and, therefore, are listed for informatj-onal- purposes only: Mayor, City Administrator, city Attorney, city Treasurer, chief Administrative Officer, City Council members, and other public officials who manage public investments. Individuals holding the above-Iisted positions may contact the FPPC for assistance or written advice regarding their firing obligations if they believe that their position has been categorized incorrectly. The EPPC makes the final determination whether a position is covered by Government code Section 8'r200. SECTION 6: The City Council of the City of Vernon hereby delegates the authority to carry out the duties of filing officer to the City Clerk or Deputy City Clerk, and individual_s holding designated positions shal1 file their statements with the City Clerk or Deputy City C]erk. who will- retain the statements and make the statements avaj-lable for public inspection and reproduction pursuant to Government Code Section 81008. SECTION 'l : AI1 resol-utions or parts of resolutions, specificalry Resolution Nos. 20L4-01, vHps-oo22t rDA-23, vHC-3, vHA-3, SA-3, OB-9 and SDEEC-2, not consistent with or in conflict with this Resolution are hereby repealed. -3- SECTION B: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Clty Clerk's, or Deputy City Clerk's, certification to be entered in the Eile of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7tr' day of October, 2074. uI. Michael McCormiek Title:Mayor /ffi ++tf<Tffi>/ Deputy ty Clerk Moussa, Deputy City Attorney -4- STATE OE CALIFORNIA COUNTY OE LOS ANGELES I,Ana Barcia ) )ss ) , @eputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2OL4-G|, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October J , 20L4, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 20L4, at Vernon, California. ( SEAL) a A:-ty-CJ-g+ DePutY CitY Clerk -5- EXHIBIT A APPENDIX NO. I The positions listed below are designated positions in the City of Vernon. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Deoutv Citv Administrator 1,2,3 Economic Development Manager 1,2,3 Purchasing Agent 1.2.3 Deputy City Attorney 1,2,3 City Clerk 1,2,3 Deputy Citv Clerk )1 Assistant Finance Director r.2^3 Deputv Citv Treasurer t.2.3 Purchasins Assistant 2.3 Risk Manager t.2.3 Assistant Fire Chief 7,2,3 Fire Battalion Chief t.2.3 Fire Chief 1.2,3 Fire Code Inspector 1.2.3 Fire Marshal 1,2,3 Associate Electrical Ensineer 2.3 Associate Resource Scheduler 2.3 Director of Gas and Elechic 1.2.3 Electrical Engineer 2,3 Electrical Resources Plannine and Development Manager t,2,3 Gas Systems Superintendent 1,2,3 Information Technology Analyst 1,2,3 Information Technolosv Manaser 1,2,3 Resource Planner 2,3 Resource Scheduler 2.3 Supervisins Electrical Ensineer 1.2.3 Telecommunications Svstem Ensineer 1,2,3 1 Utilities Compliance Manaqer 1,2,3 Utilities Dispatcher 2,3 Utilities Dispatcher. Senior 1,2,3 Utilities Eneineerins Manaser r,2.3 Utilities Operation Manager t,2,3 Chief Deputy Director of Health & Environmental Control 1,2.3 Director of Health and Environmental Control 1,2,3 Environmental Specialist 2,3 Environmental Specialist, Senior 1.2,3 Director of Human Resources t.2.3 Human Resources Analyst 2.3 Human Resources Analyst. Senior 1.2.3 Police Captain 1.2.3 Police Chief 1.2.3 Police Lieutenant r.2.3 Assistant Ensineer 1.2.3 Assistant Planner 1.2.3 Associate Engineer t.2.3 Buildins Inspeotor. Senior t.2.3 Civil Engineer 1.2.3 Deputy Director of Public Work, Water & Development Services t,2,3 Director of Public Works. Water and Development Services 1,2.3 Electrical Inspector 1,2,3 Plumbins and Mechanical Inspector t.2,3 Principal Civil Eneineer 1,2,3 Proiect Enqineer 1.2,3 Public Works and Water Foreman 1.2,3 Public Works and Water Superintendent 1,2,3 Public Works Foreman 1,2,3 Public Works Proiect Coordinator 1,2,3 Public Works Water Proiect Coordinator 1.2,3 Stormwater and Special Proiects Analyst t,2,3 Consultants + 2 Chairperson l,6 Commission Member 1.6 Consultants 1,6 Executive Director 1,6 Lesal Counsel 1,6 Secretary 1,6 Vice Chairperson 1,6 Chairperson 1.6 Commission Counsel 1,6 Commission Director 1,6 Commission Member 1,6 Consultants * Secretary 1.6 Vice Chaimerson 1.6 Chairperson 1,6 Chairperson Pro Tem 1,6 Consultants {. Director 1,6 Executive Director 1,6 Leeal Counsel L,6 Treasurer 1,6 Board Member 1,6 Chairperson 1,6 Vice Chaimerson 1,6 Chairperson 1,6 Consultants * Directors 1,6 Executive Dircctor 1.6 Lesal Counsel 1.6 Treasurer 1,6 Vice Chairperson 1.6 t\Lrl RFA-I' DEVE.aOP114trNff.i\friU r.',-'.,i, .,',,,.7ai".+i lG ffil1a;:=_. .,:;lil 3 Chaimerson 1,6 Committee Members 1,6 Consultants 1,6 Counsel 1,6 Executive Director 1,6 Secretary 1,6 Treasurer 1.6 Vice Chaimerson 1.6 Authority Counsel 1,6 Authority Director 1,6 Authority Planner 1,6 Authority Secretary 1,6 Authority Treasurer 1,6 Chairperson 1,6 Consultants i ,t Vice Chairperson 1,6 Chairperson 1,4,5 Commission Counsel 1.4 ,5 Commission Director 1,4,5 Commissioner l,4,5 Consultants * Secretary 1.4.5 Treasurer 1.2.3 Vice Chairperson 1.4. 5 Chairperson 1,6 Chaimerson Pro Tem 1.6 Chief Financial Officer 1.6 Consultants {. Directors 1,6 x Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. Thc City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. ,i Disclosure Categories Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Such individuals shall be required to disclose such interests to the extent that their economic interests may foreseeably be affected materially by uny decision made or participated in by the individual by virtue of his or her position. t. All Vernon Real Propertv. All interests in real property within the City of Vernon, within two miles of the City, or within two miles of any City controlled property. Real property used primarily as the official's personal residence (such as a home or personal vacation home) need not be disclosed. 2. All Vernon Investments. All investments and business positions from sources located in, doing business in, or planning to do business in the City of Vemon. 3. All Vernon Income and Gifts. All income, including loans, gifts and travel payments, from sources located in, doing business in, or planning to do business in the City of Vemon. 4. Vernon Housing Investments. Investments or business positions in sources which provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 5. Vernon Housine Related Income and Gifts. Income, including loans, gifts and travel payments, from sources which: a. Have an interest in residential property in the City, within two miles of the City, or within two miles of residential property controlled by the City; or b. Provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 6. Board Members. All investments, business positions and sources of income (including loans, gifts and travel payments) which are subject to the authority and/or subject matter jurisdiction of the Board, Agency, Authority, Committee, or Commission on which the member serves. q CITY OF VERNON et. al. CONFLICT OF INTEREST CODE The Political Reform Act of 1974, as amended (Government Code Sections 81000, et seq.), requires state and local govemment agencies to adopt conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which may be incorporated by reference and which may be amended by the Fair Political Practices Commission after public notice and hearing to contbrm to amendments of the Political Reform Act. The terms of the standard conflict of interest code in 2 California Code of Regulations Section 18730 and any amendments thereto, along with Appendix A and Appendix B in which officials and employees are designated and disclosure categories are established, are hereby incorporated by reference and shall constitute the Conflict of lnterest Code. Members of the goveming body shall not be financially interested in any contract made by the governing body or in any contract they make in their capacity as members of their respective governing body as provided in Government Code Sections 1090, et seq. A member shall not be considercd to be financially interested in a contract if his or her interest is included within a legally reco gnized exception. 6 Rosenberg's Rules of Order REVISED 2OII Simple Rules of Parliamentary Proceilure for the zrst Century By ludge Dave Rosenberg \S MISSION ANO CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality oflife for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of Californiat cities. About the League of C,alifornia Cities Established in 1898, the League of California Cities is a member organization that represents Californiai incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities'behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. @ 201 I lcague ol California Cities. All rights res*ted. Asour rHE AurHoR Dave Rosenberg is a Superior Court )udge in Yolo County. He has served as presiding judge ofhis court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Tlrial Court Presiding Iudges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the Califomia Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor, He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Iustice Cabinet. For manyyears, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. t II Tasrr or CoNTENTs The Basic Format for an Agenda Item Discussion.......2 INrnooucrroN The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - Robert's Rules of Order - which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Roberrt Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 2lst Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu ofRobert's Rulesbecause they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: l. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the maiority while protecting the rights ofthe minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democrary, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisionsbythe chair are final unless overruledby the body itself. Since the chair runs the conduct ofthe meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body wlll do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Fint, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Senni[ following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Thiril, tlr,e chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifring questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Foufih, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifih, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. SirtL, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: l. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Ei,ghth, the chair should now invite discussion of the motion by the body. Ifthere is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Nitth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a l0-day notice for all future meetings of this body." Motions in C,enerd Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-steP Process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a l0-day notice in the future for all our meetings." The chair usually initiates the motion in one of three ways: l. Inviting the memhrs of the body to make a motion, for example, "A motion at this time would be in order." 2. Suggesting a motion to the members of the body, 'A motion would be in order that we give a 10-day notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that Puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser." The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a l0-member committee."A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (ifpassed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modifr it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is Ieft to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or maywin support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceedfrsr on the lasf motion that is made. For example, assume the first motion is a basic "motion to have a Fve-member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a l0-member committee, not a five-member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Seconil, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or l0 members). If the motion to amendpassed, the chair would then move to consider the main motion (the first motion) as amended.If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Thhil,the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended,would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adiourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length ofthe recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adiourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return o[the item, in which case a motion to take the item offthe table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "l move the previous question" or "l move the question" or "l call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion furthec then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote."When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. NOTE A motion to limit debate could include a time limit. For example: "1 move we Iimit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Maiority Votes In a democrary, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "l move the previous question," or "I move the question," or "I call the question," or"l move to limit debate," it all amounts to an attempt to cut offthe ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officers o[the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to obiect to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is rwo in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and i[so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five memben of the board must vote affirmatively in favor of the action. A vote of 2- I would not be sufficient. A vote of 3-0 with nro abstentions would be sufficient. In general law cities in California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the citycouncil. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are ah,r,ays well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules ofthe body. Ifthe rules ofthe body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules o[ the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are afew emmples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member citycouncil voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4- 1, the motion passes with a clear two-thirds majority. A vote ofthree "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed - so an effective 3- l vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a speciEc rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain," that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. HoweveB the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majoriry allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body - including a member who voted in the minority on the original motion - may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is 6ndity. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose offinality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the 6rst time. Couilesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with fi,rll participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be 6rst recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the poliry in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a persont ability to hear. 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 discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may 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. C-all for ordets of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chaic it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the bodywill be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. \S HI 1400 K Street, Sacramento, CA 95814 (916) 6s8-8200 | Fax (916) 658-8240 www.cacltles.org To order additional copies ofthis publication, cdl (916) 658-8200. $I0 @ 201 1 League of California Cities. All rights reserved. 0l Pinted on recycled Paper. RECEIVED FEB 0 3 20ls CITY ADMINISTRATION RECEIVED FEB 0I 20ls CITY CLERt('S OFFICE DATE: TO: FROM: RE: STAFF REPORT CITY CLERK'S OFFICE February 12,2015 Honorable Members of the Vernon Business and Industry Commission Ana Barcia, Secretary@> A Resolution Setting Forth the Date, Time and Place for Regular Meetings of the Vernon Business and Industry Commission. Recommendation It is recommended that the Business and Industry Commission: Find that adoption of the proposed resolution does not constifute a "project" pursuant to section 15378(bX2) of the Guidelines to the California Environmental Quality Act (*CEQA"), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Select a day and time in which members are available to hold regular meetings on the second week of the following months: February, May, August, and November; and Subsequently, adopt a resolution to set the Vernon Business and [ndustry Commission regular meeting schedule incorporating the Commission's selection of the specific day and time. Backeround On July 15, 2014, the Vernon City Council adopted Ordinance No. 1223 which established the Vernon Business and Industry Commission ("Commission"). Pursuant to Vernon Municipal Code 2.180, the Commission shall have regular meetings at least twice per year, on dates and at times established by a resolution of the Commission. City staff is recommending the Commission adopt a resolution establishing quarterly meetings to be held on the second week of the following months February, May, August, and November on a day of the week and time that is appropriate and convenient for Commission Members to attend said meetings. Regular meetings will be held in the Vernon City Council Chambers unless otherwise noted. The Executive Director has the ability to set special meetings with proper notification in compliance with the Ralph M. Brown Act. Fiscal Impact There is no fiscal impact. l. 2. J. RESOLUTION NO. VBIC- A RESOLUTION OF THE VERNON BUSINESS AND INDUSTRY COMMISSION OF THE CfTY OF VERNON SETTING THE DATE, TfME AND PLACE FOR REGULAR MEETINGS WHEREAS, on JuIy ]-5, 20]-4, the City Council of the City of Vernon adopEed ordinance No. 1223 adding Article xxI to Chapter 2 of the Vernon Mr.micipal code to estalclish the Vernon Business and Industry Commission (the "Commission" ) ald Eo specify the membership and duties of said Commission; and WHEREAS, the Commission desires Lo set by resolution the daEe, time and place of regular meetings of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE VERNON BUSTNESS AND TNDUSTRY COMMISSION OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The Vernon Business and Industry Commission hereby finds and determines that t.he above recj.tal-s are true and correct. SECTIoN 2: Effective ,fanuary 74, 2015, the vernon Business and Industry Commission hereby establishes a regular schedule of meetsings to be held quartserly in the City Council Chambers at 4305 santa Fe Avenue, Vernon, California, on the of the monEhs of February, May, Augusts and November ats tshe hour of a.m./p.m. If a regular meeting of the Commission is scheduled to fall on a recognized hofiday. said meeting shaLl be cancelled. SECTfON 3: The Secretary of the Commissj-on sha11 certify to the pass?g€, approval and adoption of this Resolution, and the Secretary shaI1 cause this Resolution and the Secretary's certification to be entered in the File of Resolutions of the Commission. APPROVED AND ADOPTED this 12Eh day of February, 2015. Name: Title:Chairperson / Vice Chalrperson ATTEST: Ana Barcia, Secretary ission Counsel 2 STATE OF CALI FORNfA COUNTY OF LOS ANGELES SS f, Ara Barcia, Secretary of Ehe Vernon Business and Industry Commission of the City of Vernon, do hereby cerEify that the foregoing Resolut.ion, being Resolution No. VBIC- , was duly passed. approved and adopEed by the Vernon Business and Industsry Commission of the City of Vernon at a regular meeting of the Commission duly held on Thursday, February 12, 2015. and thereafter was duly signed by the Chairperson or Vice Chairperson of the Commission. Executed thj-s day of February, 2015, at Vernon. Calif ornia. AIIa Barcia, Secretary (SEAL) 3