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Ordinance No. 1223ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING ARTICLE XXI TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH THE VERNON BUSINESS AND INDUSTRY COMMISSION AND TO SPECIFY THE MEMBERSHIP AND DUTIES OF SAID COMMISSION WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, Chapter 2 of the City Charter of the City of Vernon states: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 7.5 of the City Charter of the City of Vernon authorizes the City Council to establish by ordinance such boards or commissions as the City Council deems to be necessary and to provide for the method of selection, tenure, duties and any compensation of the boards and commissions so established; and WHEREAS, the City Council of the City of Vernon has determined that creating the Vernon Business and Industry Commission is within the power and authority conferred on the City of Vernon by virtue of its Charter and the Constitution of the State of California; and WHEREAS, on April 19, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-69 establishing the "Ad Hoc Advisory Committee for Business Development" and the "Ad Hoc Advisory Committee on Electric Rates" (the "Committees"); and WHEREAS, the Committees, when initially created, were to exist on only a temporary basis; and WHEREAS, the City Council of the City of Vernon wishes to merge the advisory duties of the Committees into a single Commission to be known as the "Vernon Business and Industry Commission"; and WHEREAS, creating the Vernon Business and Industry Commission, with the membership and duties specified in this Ordinance, will help to enhance the business climate in the City and make the City more attractive to employees, businesses, and investors; and WHEREAS, creating the Commission will serve the public interest and general welfare. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct. Section 2: Article XXI of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: Section 2.170. Section 2.171. Section 2.172. Section 2.173. Section 2.174. Section 2.175. Section 2.175.1 Section 2.176. Section 2.177. Section 2.178. ARTICLE XXI VERNON BUSINESS AND INDUSTRY COMMISSION TABLE OF CONTENTS Commission Established Purpose and Legislative Findings Good Governance Principles Definitions Appointment of Members Terms Creation of Staggered Terms Removal of Commission Members Vacancies Chairperson, Vice Chairperson, and Officers - 2 - Section 2.179. Duties Section 2.180. Scheduling Commission Meetings Section 2.181. Staff and Support Services Section 2.182. Compensation Section 2.170. Commission Established The City Council of the City of Vernon hereby establishes the Vernon Business and Industry Commission. Section 2.171. Purpose and Legislative Findings The Vernon Business and Industry Commission is created to make the City of Vernon even more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is intended to provide a special forum to address public concerns related to the City's business and industrial development related costs, procedures, and activities. The City Council finds that the creation of the Business and Industry Commission is in the best interests of the City of Vernon and its residents and businesses. Given the industrial character of the City of Vernon, a robust, responsible, and safe business climate is critical to the economic vitality of the City and the services it provides to its residents and businesses. Section 2.172. Good Governance Principles As a commission of a public entity, the Vernon Business and Industry Commission shall comply with all applicable open meeting and ethics laws, including but not limited to the Ralph M. Brown Act, the Political Reform Act, the Public Records Act, and Government Code Section 1090. Section 2.173. Definitions For purposes of this Chapter, "Commission" means the Vernon - 3 - Business and Industry Commission. Section 2.174. Appointment of Members (a) The Commission shall consist of seven (7) members who shall be appointed by the City Council. When appointing members to the Committee, the City Council shall endeavor to appoint members who represent the broad spectrum of interests found within Vernon. The Commission members shall include: (1) Three (3) individuals, each of whom represents the owner or operator of a business located in Vernon; and (2) Two (2) individuals, each of whom has knowledge of the Vernon real estate market; and (3) One (1) individual who is employed by a business located in Vernon and who is a member of a labor union that represents the workers at that same business; and (4) One (1) current member of the Vernon City Council. (b) Notwithstanding subsection (a)(4), above, a majority of the City Council may reappoint a former Councilmember to fill a vacant Councilmember position if: (1) the former Councilmember was serving on the Commission pursuant to subsection (d) at the time the Councilmember lost his or her status as a Councilmember; and (2) the term of the Councilmember's reappointment would expire on or before the same date the Councilmember's term on the Commission would have expired but for the loss of status as a Councilmember. Such reappointment may be accomplished via motion, resolution or ordinance. Section 2.175. Terms Each member shall serve a four (4) year term. Terms shall begin at 12:00 a.m. on July l and end four years thereafter at 11:59 p.m. on June 30. No member shall serve more than two (2) full consecutive - 4 - terms. Section 2.175.1. Creation of Staggered Terms (a) To provide for staggered terms, at the inception of the Commission, the City Council shall designate three of the seven members referenced in section 2.174 to serve terms ending June 30, 2016, and four of the members to serve terms ending June 30, 2018. The three members shall be one from each of the following categories; the four other members shall fill the remaining positions: (1) One (1) individual who represents the owner or operator of a business located in Vernon; (2) One (1) individual who has knowledge of the Vernon real estate market; and (3) One (1) current member of the Vernon City Council. (b) A person appointed to serve a term ending June 30, 2016 shall not be considered to have served a "full" term for purposes of section 2.175, and therefore may be reappointed for up to two full consecutive terms following the initial June 30, 2016 term. Section 2.176. Removal of Commission Members A Commission member may be removed by a majority vote of the City Council at a properly noticed regular meeting of the City Council for any reason or no reason. Section 2.177. Vacancies A. Creation of Vacancies.. A Commission member shall be considered to have vacated his or her position on the Commission if he or she (i) misses four or more consecutive meetings or two or more consecutive regular meetings; and (ii) a majority of the City Council did not pass a motion excusing at least one of the relevant absences within 30 days of the final meeting. - 5 - B. Filling Vacancies. If any Commission member resigns, no longer meets the criteria used as the basis for his or her selection pursuant to section 2.174, is removed pursuant to this Section, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, within thirty (30) days after the position becomes vacant, select for ratification by a majority of the City Council, a successor with the requisite qualifications to serve the unexpired term. Section 2.178. Chairperson, Vice Chairperson and Officers (a) Chairperson and Vice Chairperson. The 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. (b) Election of Chairperson and Vice Chairperson. The Commission members 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 l is a special meeting, a chairperson shall only be elected with an affirmative vote of at least four members 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. (c) Officers. The officers of the Commission shall be the Secretary, Counsel and Executive Director. (d) Secretary. The Secretary shall keep and maintain the records of the Commission and the minutes of the Commission meetings and also shall perform all other duties incident to the position of Secretary of the Commission. The City Clerk, or his or her designee, - 6 - shall hold the position of Secretary of the Commission. (e) Executive Director. The Commission Executive Director is charged with the administration, management and general supervision of the business and affairs of the Commission. The City Administrator, or his or her designee, shall hold the position of the Commission Executive Director. (f) Commission Counsel. The Commission Counsel shall be in charge of the legal affairs of the Commission and shall advise the Commission on matters within its jurisdiction, and regarding compliance with the California Political Reform Act (Government Code Sections 81000, et seq.), the Ralph M. Brown Act (Government Code Section 54950 et seq.), and California Government Code Section 1090 et seq. The City Attorney, or his or her designee, shall hold the position of Commission Counsel. Section 2.179. Duties Within the limitations provided by law, the Commission shall perform the following duties: (a) Advise, assist, and make recommendations to the City Staff and City Council regarding ways to make the City of Vernon even more attractive to employees, businesses, and investors while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission shall focus its efforts on the following areas: (1) Long range land use planning. (2) Retention and expansion of business and industrial base. (3) Targeted recruitment and marketing to potential businesses. - 7 - (4) General marketing and public relations. (5) Taxes, fees, and utility rates. (6) Federal, state, and local incentive/rebate programs to foster business development and retention. (7) Workforce development. (8) Public/private partnerships. (9) Long term stability of a positive business climate. (10) Impact of business development on residential communities within and in close proximity to Vernon. (b) Provide a forum for addressing public concerns related to the City's business and industrial development related costs, procedures, and activities. (c) Participate in annual independent audit report activities as directed by the City Staff or City Council. (d) Perform other such duties as the City Council may assign or designate. Section 2.180. Scheduling Commission Meetings (a) Regular Meetings. The Commission shall have regular meetings at least twice per year, on dates and at times established by a resolution of the Commission. (b) Initial and Special meetings. The date of the first meeting and any special meeting shall be set by the Executive Director. (c) Meeting location. Meetings shall be held at City Hall, unless the Executive Director selects a different publicly accessible location within the City of Vernon. Section 2.181. Staff and Support Services The City Administrator shall assign appropriate staff and support services to the extent necessary to assist the Commission in - 8 - fulfilling its purpose and accomplishing its duties. Section 2.182. Compensation Commission members shall receive one hundred dollars ($100) per meeting, up to a maximum of two hundred dollars ($200) in any calendar month, as well as their actual and necessary expenses incurred in the discharge of their duties. Travel related expenses are governed by the citywide expense reimbursement policy. Travel expenses of Commission members for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The City Councilmember, Secretary, Counsel and Executive Director shall receive no compensation as Commission member or officers, other than compensation received from their primary employment. SECTION 3: Uncodified Section. A. The Ad Hoc Advisory Committee on Electric Rates and the Ad Hoc Advisory Committee for Business Development, which were both established pursuant to Resolution No. 2011-69, are hereby dissolved. B. Within 30 days of its first meeting, and no later than September 1, 2014, the Commission is directed to adopt and submit to the City Council for approval a conflict of interest code in compliance with the California Political Reform Act (Government Code Section 81000 et seq.), unless the City Council has already adopted a conflict of interest code that expressly applies to all of the members of the Commission. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or - 9 - effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 10 - SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 15th day of July, 2014. A Name: W, Michael McCormick Title: Mayor / M Y--. ATTEST: kna Barcia �P Deputy City Clerk APPROVED AS TO FORM: Scott E. Porter, Deputy City Attorney STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, ANA BARCIA, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1223, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, July 1, 2014, and thereafter adopted at a meeting of said City Council held on Tuesday, July 15, 2014, by the following vote: AYES: Councilmembers: Mayor McCormick, Mayor Pro -Tern Davis, Maisano, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this IT day of July, 2014, at Vernon, California (SEAL) Ana Ba -c Deputy City Clerk -12- TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 17, 2014 TO: Kristen Enomoto, Deputy City Administrator Carlos Fandino, Director of Gas & Electric Leonard Grossberg, Director of Health & Environmental Control Alex Kung, Economic Development Manager Mark Whitworth, City Administrator S. Kevin Wilson, Director of Public Works, Water & Development Services FROM: Deborah Juarez, Records Management Assistant J 11 RE: Ordinance No. 1223 — An Ordinance of the City Co un it of the City of Vernon Adding Article XXI to Chapter 2 of the Vernon Municipal Code to Establish the Vernon Business and Industry Commission and to Specify the Membership and Duties of Said Commission Transmitted herewith is a copy of Ordinance No. 1223 referenced above, which was approved by City Council on July 15, 2014. Thank you. Attachment c: Ana Barcia City Council Ordinance No. 1223 STAFF REPORT RECEIVED JUN 2 6 2014 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: July 1, 2014 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Ordinance to Establish the Vernon Busieandstry Commission and to Specify the Membership and Duties of Said Commission Recommendations It is recommended that the City Council: 1) Find that approval and subsequent adoption of the proposed ordinance establishing the Vernon Business and Industry Commission is exempt under the California Environmental Quality Act (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. 2) Hold the first reading of, and subsequently adopt, the attached ordinance establishing the Vernon Business and Industry Commission and specifying the membership and duties of said Commission. Backeround In April 2011, during the early stages of the good governance reform efforts, the City adopted Resolution No. 2011-69, which, among other things, called for the establishment of a six -member Ad Hoc Advisory Committee on Electric Rates (ERC) and a 10-member Ad Hoc Advisory Committee for Business Development (BDC). The ERC was directed to review current electric rate pricing and make recommendations to City Council within 60 days of its first meeting regarding adjustments to rates to reflect current operating costs, emission reduction requirements, and greenhouse gas regulations. The ERC held its first meeting on May 5, 2011 and fulfilled its directive on June 23, 2011, providing a joint recommendation with the Director of Vernon Gas & Electric to increase electric rates effective July 1, 2011 and January 1, 2012. At the request of the Committee members and with the concurrence of City staff and the City Council, the ERC has continued to meet on a quarterly basis to review and discuss electric rate pricing and various elements impacting rates. The BDC was directed to explore ways to improve the business climate in the City and make the City more attractive to business and employees and make recommendations to the City Council within 180 days of its first meeting. In his January 2012 report, the City's Independent Reform Monitor, John Van de Kamp, recommended that the BDC also be tasked with reviewing the City's financial situation and making recommendations to the City Council regarding new revenue possibilities. The BDC held its first meeting on January 25, 2012 and, in attempts to formulate recommendations to the City Council, held discussions at subsequent meetings regarding amendments to the Comprehensive Zoning Ordinance, the City's financial challenges, possible new revenue sources, potential marketing strategies, a potential amendment to the Los Angeles County Sanitation Districts' connection fee ordinance, and the potential impacts of proposed transportation projects within the region. In the early part of 2013, the attendance of BDC members declined and the City was unable to get a quorum for several consecutive meetings. Recognizing a need to retool the composition and focus of the Committee, the BDC has been dark since 2013, while City staff worked to develop an alternative recommendation. Looking at the vitality of the ERC and other City boards established pursuant to the good governance reforms (i.e. Vernon Housing Commission and Green Vernon Commission), it is evident the 10-member composition of the BDC was too large. It also stands to reason that any new board should be provided a more detailed set of duties, while keeping the overall framework sufficiently broad so as to allow appropriate flexibility for the board members, City Council, and City staff to address and assign matters as they arise. Proposed New Vernon Business and Industry Commission In developing the new proposed ordinance, City staff reviewed similar commissions and committees in other jurisdictions, specifically looking at the composition and duties of each. City staff also received feedback from the heads of the various City departments that may be required to provide staff support services and participate in Commission meetings. City staff proposes to consolidate elements of the ERC and BDC into one new board titled, the Vernon Business and Industry Commission, which will replace the two existing Committees. The membership, duties, and overall structure align very closely to the Vernon Housing Commission, the recently renamed Green Vernon Commission, and the recently established Vernon CommUNITY Fund Grant Committee, and are outlined below. 1. Purpose. The Vernon Business and Industry Commission is intended to make the City more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. 2. Membershin. The Commission shall consist of seven members who meet the following criteria and are appointed by the City Council: a. Three individuals, each of whom represents the owner or operator of a business located in Vernon; b. Two individuals, each of whom has knowledge of the Vernon real estate market; c. One individual who is employed by a business located in Vernon and who is a member of a labor union that represents workers at that same business; and d. One current member of the Vernon City Council. Terms. Each member shall serve a four-year term beginning July 1 and ending four years thereafter on June 30. No member shall serve more than two full consecutive terms. a. Staggered Terms. To provide for staggered terms, three of the initial seven members shall be assigned a two-year term ending June 30, 2016. The other four members' terms would end June 30, 2018. 4. Chairperson, Vice Chairperson and Officers. The Chairperson and Vice Chairperson shall be from different appointing categories and shall be elected annually. The officers shall be the Secretary, Executive Director and Commission Counsel, which shall be filled by the City Clerk, City Administrator and City Attorney, respectively, or their respective designees. 5. Duties. The Commission's primary duty shall be to advise, assist, and make recommendations to the City staff and City Council regarding ways to make the City more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon, and while focusing its efforts on the following areas: a. Long range land use planning. , b. Retention and expansion of business and industrial base. c. Targeted recruitment and marketing to potential businesses. d. General marketing and public relations. e. Taxes, fees, and utility rates. f. Federal, state, and local incentive/rebate programs to foster business development and retention. g. Workforce development. h. Public/private partnerships. i. Long term stability of a positive business climate. j. Impact of business development on residential communities within and in close proximity to Vernon. The Commission shall also provide a forum for addressing public concerns related to the City's business and industrial development related costs, procedures, and activities, participate in annual independent audit report activities as directed, and perform other such duties as assigned by the City Council. 6. Meetings. The Commission shall meet at least twice a year at City Hall. Compensation. With the exception of the Council member and City officers, Commission members shall receive $100 per meeting, up to a maximum of $200 in any calendar month, as well as any actual and necessary expenses incurred, consistent with the City's Expense Reimbursement Policy. 8. Conflict of Interest Code. The Commission shall be subject to the disclosure requirements or a conflict of interest code adopted by the Commission, unless the City Council has already adopted a conflict of interest code that expressly applies to all Commission members, which the City staff intends to propose in the fall of 2014. Next Steps Upon City Council adoption of the proposed ordinance creating the Vernon Business and Industry Commission, City staff would broadly solicit interest from individuals believed to meet the eligibility requirements of the aforementioned appointment categories. Staff would then present a compilation of interested and qualified individuals to City Council for appointment. Upon the appointment of all seven members, staff would seek hold the Commission's first meeting as soon as practicable, along with any orientation or training sessions that may be required or appropriate. Fiscal Impact As currently drafted, other than the $100 meeting stipends, there would be no fiscal impact associated with the proposed ordinance establishing the Vernon Business and Industry Commission. Attachment ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING ARTICLE XXI TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH THE VERNON BUSINESS AND INDUSTRY COMMISSION AND TO SPECIFY THE MEMBERSHIP AND DUTIES OF SAID COMMISSION WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS,.Chapter 2 of the City Charter of the City of Vernon states: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 7.5 of the City Charter of the City of Vernon authorizes the City Council to establish by ordinance such boards or commissions as the City Council deems to be necessary and to provide for the method of selection, tenure, duties and any compensation of the boards and commissions so established; and WHEREAS, the City Council of the City of Vernon has determined that creating the Vernon Business and Industry Commission is within the power and authority conferred on the City of Vernon by virtue of its Charter and the Constitution of the State of California; and WHEREAS, on April 19, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-69 establishing the "Ad Hoc Advisory Committee for Business Development" and the "Ad Hoc Advisory Committee on Electric Rates" (the "Committees"); and WHEREAS, the Committees, when initially created, were to exist on only a temporary basis; and WHEREAS, the City Council of the City of Vernon wishes to merge the advisory duties of the Committees into a single Commission to be known as the "Vernon Business and Industry Commission"; and WHEREAS, creating the Vernon Business and Industry Commission, with the membership and duties specified in this Ordinance, will help to enhance the business climate in the City and make the City more attractive to employees, businesses, and investors; and WHEREAS, creating the Commission will serve the public interest and general welfare. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct. Section 2: Article XXI of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: Section 2.170. Section 2.171. Section 2.172. Section 2.173. Section 2.174. Section 2.175. Section 2.175.1 Section 2.176. Section 2.177. Section 2.178. ARTICLE XXI VERNON BUSINESS AND INDUSTRY COMMISSION TABLE OF CONTENTS Commission Established Purpose and Legislative Findings Good Governance Principles Definitions Appointment of Members Terms Creation of Staggered Terms Removal of Commission Members Vacancies Chairperson, Vice Chairperson, and Officers - 2 - Section 2.179. Duties Section 2.180. Scheduling Commission Meetings Section 2.181. Staff and Support Services Section 2.182. Compensation Section 2.170. Commission Established The City Council of the City of Vernon hereby establishes the Vernon Business and Industry Commission. Section 2.171. Purpose and Legislative Findings The Vernon Business and Industry Commission is created to make the City of Vernon even more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is intended to provide a special forum to address public concerns related to the City's business and industrial development related costs, procedures, and activities. The City Council finds that the creation of the Business and Industry Commission is in the best interests of the City of Vernon and its residents and businesses. Given the industrial character of the City of Vernon, a robust, responsible, and safe business climate is critical to the economic vitality of the City and the services it provides to its residents and businesses. Section 2.172. Good Governance Principles As a commission of a public entity, the Vernon Business and Industry Commission shall comply with all applicable open meeting and ethics laws, including but not limited to the Ralph M. Brown Act, the i Political Reform Act, the Public Records Act, and Government Code Section 1090. Section 2.173. Definitions For purposes of this Chapter, "Commission" means the Vernon - 3 - Business and Industry Commission. Section 2.174. Appointment of Members (a) The Commission shall consist of seven (7) members who shall be appointed by the City Council. When appointing members to the Committee, the City Council shall endeavor to appoint members who represent the broad spectrum of interests found within Vernon. The Commission members shall include: (1) Three (3) individuals, each of whom represents the owner or operator of a business located in Vernon; and (2) Two (2) individuals, each of whom has knowledge of the Vernon real estate market; and (3) One (1) individual who is employed by a business located in Vernon and who is a member of a labor union that represents the workers at that same business; and (4) One (1) current member of the Vernon City Council. (b) Notwithstanding subsection (a)(4), above, a majority of the City Council may reappoint a former Councilmember to fill a vacant Councilmember position if: (1) the former Councilmember was serving on the Commission pursuant to subsection (d) at the time the Councilmember lost his or her status as a Councilmember; and (2) the term of the Councilmember's reappointment would expire on or before the same date the Councilmember's term on the Commission would have expired but for the loss of status as a Councilmember. Such reappointment may be accomplished via motion, resolution or ordinance. Section 2.175. Terms Each member shall serve a four (4) year term. Terms shall begin at 12:00 a.m. on July 1 and end four years thereafter at 11:59 p.m. on June 30. No member shall serve more than two (2) full consecutive - 4 - terms. Section 2.175.1. Creation of Staggered Terms (a) To provide for staggered terms, at the inception of the Commission, the City Council shall designate three of the seven members referenced in section 2.174 to serve terms ending June 30, 2016, and four of the members to serve terms ending June 30, 2018. The three members shall be one from each of the following categories; the four other members shall fill the remaining positions: (1) One (1) individual who represents the owner or operator of a business located in Vernon; (2) One (1) individual who has knowledge of the Vernon real estate market; and (3) One (1) current member of the Vernon City Council. (b) A person appointed to serve a term ending June 30, 2016 shall not be considered to have served a "full" term for purposes of section 2.175, and therefore may be reappointed for up to two full consecutive terms following the initial June 30, 2016 term. Section 2.176. Removal of Commission Members A Commission member may be removed by a majority vote of the City Council at a properly noticed regular meeting of the City Council for any reason or no reason. Section 2.177. Vacancies A. Creation of Vacancies. A Commission member shall be considered to have vacated his or her position on the Commission if he or she (i) misses four or more consecutive meetings or two or more consecutive regular meetings; and (ii) a majority of the City Council did not pass a motion excusing at least one of the relevant absences within 30 days of the final meeting. - 5 - B. Filling Vacancies. If any Commission member resigns, no longer meets the criteria used as the basis for his or her selection pursuant to section 2.174, is removed pursuant to this Section, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, within thirty (30) days after the position becomes vacant, select for ratification by a majority of the City Council, a successor with the requisite qualifications to serve the unexpired term. Section 2.178. Chairperson, Vice Chairperson and Officers (a) Chairperson and Vice Chairperson. The 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. (b) Election of Chairperson and Vice Chairperson. The Commission members 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 members 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. (c) Officers. The officers of the Commission shall be the Secretary, Counsel and Executive Director. (d) Secretary. The Secretary shall keep and maintain the records of the Commission and the minutes of the Commission meetings and also shall perform all other duties incident to the position of Secretary of the Commission. The City Clerk, or his or her designee, - 6 - shall hold the position of Secretary of the Commission. (e) Executive Director. The Commission Executive Director is charged with the administration, management and general supervision of the business and affairs of the Commission. The City Administrator, or his or her designee, shall hold the position of the Commission Executive Director. (f) Commission Counsel. The Commission Counsel shall be in charge of the legal affairs of the Commission and shall advise the Commission on matters within its jurisdiction, and regarding compliance with the California Political Reform Act (Government Code Sections 81000, et seq.), the Ralph M. Brown Act (Government Code Section 54950 et seq.), and California Government Code Section 1090 et seq. The City Attorney, or his or her designee, shall hold the position of Commission Counsel. Section 2.179. Duties Within the limitations provided by law, the Commission shall perform the following duties: (a) Advise, assist, and make recommendations to the City Staff and City Council regarding ways to make the City of Vernon even more attractive to employees, businesses, and investors while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission shall focus its efforts on the following areas: (1) Long range land use planning. (2) Retention and expansion of business and industrial base. (3) Targeted recruitment and marketing to potential businesses. - 7 - (4) General marketing and public relations. (5) Taxes, fees, and utility rates. (6) Federal, state, and local incentive/rebate programs to foster business development and retention. (7) Workforce development. (8) Public/private partnerships. (9) Long term stability of a positive business climate. (10) Impact of business development on residential communities within and in close proximity to Vernon. (b) Provide a forum for addressing public concerns related to the City's business and industrial development related costs, procedures, and activities. (c) Participate in annual independent audit report activities as directed by the City Staff or City Council. (d) Perform other such duties as the City Council may assign or designate. Section 2.180. Scheduling Commission Meetings (a) Regular Meetings. The Commission shall have regular meetings at least twice per year, on dates and at times established by a resolution of the Commission. (b) Initial and Special meetings. The date of the first meeting and any special meeting shall be set by the Executive Director. (c) Meeting location. Meetings shall be held at City Hall, unless the Executive Director selects a different publicly accessible location within the City of Vernon. Section 2.181. Staff and Support Services The City Administrator shall assign appropriate staff and support services to the extent necessary to assist the Commission in - 8 - fulfilling its purpose and accomplishing its duties. Section 2.182. Compensation Commission members shall receive one hundred dollars ($100) per meeting, up to a maximum of two hundred dollars ($200) in any calendar month, as well as their actual and necessary expenses incurred in the discharge of their duties. Travel related expenses are governed by the citywide expense reimbursement policy. Travel expenses of Commission members for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The City Councilmember, Secretary, Counsel and Executive Director shall receive no compensation as Commission member or officers, other than compensation received from their primary employment. SECTION 3: Uncodified Section. A. The Ad Hoc Advisory Committee on Electric Rates and the Ad Hoc Advisory Committee for Business Development, which were both established pursuant to Resolution No. 2011-69, are hereby dissolved. B. Within 30 days of its first meeting, and no later than September 1, 2014, the Commission is directed to adopt and submit to the City Council for approval a conflict of interest code in compliance with the California Political Reform Act (Government Code Section 81000 et seq.), unless the City Council has already adopted a conflict of interest code that expressly applies to all of the members of the Commission. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or - 9 - effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 10 - SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 15th day of July, 2014. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Scott E. Porter, Deputy City Attorney STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1223 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, July 1, 2014, and thereafter adopted at a meeting of said City Council held on Tuesday, July 15, 2014, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2014, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 12 - CITY OF VERNON CITY COUNCIL MEETING JULY 1, 2014 ORDINANCE NO. 1223 SUMMARY (Adding Article XXI to Chapter 2 of the Vernon Municipal Code to establish the Vernon Business and Industry Commission and to specify the membership and duties of said Commission) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1223 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1223 was duly introduced at a regular meeting of the City Council of the City of Vernon held on July 1, 2014. Ordinance No. 1223 is scheduled to be considered for adoption by said Council at a regular meeting to be held on July 15, 2014. The proposed Ordinance No. 1223 would add Article XXI to Chapter 2 of the Vernon Municipal Code to establish the Vernon Business and Industry Commission and to specify the membership and duties of said Commission. Ana Barcia, Deputy City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1223 was duly introduced to the City Council of the City of Vernon at a regular meeting held on July 1, 2014, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on July 15, 2014. Dated: a Ana Barci , eput C t,y C CITY OF VERNON CITY COUNCIL MEETING JULY 15, 2014 ORDINANCE NO. 1223 SUMMARY (Adding Article XXI to Chapter 2 of the Vernon Municipal Code to establish the Vernon Business and Industry Commission and to specify the membership and duties of said Commission) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1223 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On July 15, 2014, the City Council of the City of Vernon approved and adopted Ordinance No. 1223 adding Article XXI to Chapter 2 of the Vernon Municipal Code to establish the Vernon Business and Industry Commission and to specify the membership and duties of said Commission. I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1223 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on July 15, 2014, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Dated: McCormick, Davis, Maisano, Ybarra, and Martinez None None Ana Bar ia, DaKutybty Lie