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Home My WebLink About08 El Paseo BID ExtensionSTAFFREPORT CITY OF PALM DESERT CITY MANAGER'S DEPARTMENT MEETING DATE PREPARED BY REQUEST: Recommendation July 8, 2021 Christopher Gerry, Senior Management Analyst Continuation of terms for expiring members on the EI Paseo Parking and Business Improvement Area Board until reappointment. By minute motion, continue the terms for expiring members on the EI Paseo Parking and Business Improvement Area Board until reappointment. Backqround The EI Paseo Parking and Business Improvement Area (Board) was established to promote EI Paseo as a world class, pedestrian friendly, upscale consumer destination, offering quality and unique retail and service businesses. The Board represents the interests on EI Paseo, reviewing and recommending to Council advertising promotions, parking, tourism and other activities promoting business in the area. The membership composition includes seven members that represent business and professional interests on or adjacent to EI Paseo. The Board currently has four members whose terms expired on June 30, 2021. Those members include David Fletcher, Elyssa Goldberg, Susan Stauber and Christine Stein. Each member has displayed interest in being reappointed and has completed an electronic application. Per the bylaws (Attachment A), the Board is required to vote on recommending appointments for City Council consideration. The Board will vote on recommending reappointments at its next meeting on August 19, 2021. City staff anticipates returning with the Board's recommendations for City Council consideration on August 26, 2021. LEGAL REVIEW N/A DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A RobeR W. Hargreaves L. Todd Hileman City Attorney City Manager City Managec L Todd Hileman: L. Todd I-ti.lCw+.qw Attachment A. Bylaws N/A r'�ndy g'irestuie Janet Moore Andy Firestine Director of Finance Assistanl Ciry Manager !'i"I'Y COUIYCLLAC'6`�ON nu��,.��,�P� �t 1��"�'Ir�. Rl�.CC[VET7i (T; �4'�.:I�i 11��?TINGDATR ��'�g"\j 2�Z� /� ,�� es: Na�N; �, �NG��AC+H . "ICS�GN� . WI;�F�;N�..1�.1\� ��FS. I�IONG Ai3STNT: �01�� A IiSTAIY: ��- -_-- 4'1?1;1FI1?DRl': M.�S.�_�`^�___._ __ Fi ,e, ,a:.a3 trea t �'^ s�id€w ,_ _,_. .,, ., . .... [This page has intentionally been left blank.] � AMENDED AND RESTATED BY•LAWS OF THE EL PASEO PARKING AND gUSINESS IMPROVEIVIENT AREA By the authority of and within the limitations imposed by California atate law, the City Council of Palm Desert, Catii'omia has created in Chapter 3.�0 the Code of City of Palm Desert the El Paseo Parking and Business Improvement Area. Subject to the expGcit ovusight powers of the Counc'sl, the El Paseo Parking and Businass Improvement Area is formed for the purpose set forth in the Parking and Busincss Improvement Area Law of 1989. The Baard of Directors appointed by the City Council shall act as t�e - Advisory Board provided for in the Parking and Business improvement Area Law of 1989. .- ARTICLE i PURPOSE � The purpase and objectives ofthe EI Paseo Pazking and Business Lnpfavement Area is to represent the interests of its members on E( Paseo. These interests include, but are not (imited to, advertising promotion, street beautification, paridng, tourism and other activities promoting business in the area. The Et Paseo Parking and Business Improvement Arca was established to promote E[ Paseo as a world class, pedestrian friendiy, upscale consumer oriented destination, offering qualiry and unique retail and service busirtess. AR'TICLE Q MEMBERSHD' Membaship in the area sha11 include all business and professional people (on 8 business iicense basis) with an address betwcen 73-040 through 73-499 El Paseo and adjoining sveets (ocated 180 feet south of E( Paseo and 154 feet north of El Pasto per Section 3.44.O10 of the Palm Desert Municipal Cade. � a.+�n�tnsa� 1 iaiaroo � r�- �/ ARTICLE III ADYISORY BOARD Section l. Number, Tenure and OualiScation. The numher of inembers ofthe Advisory Board shall be as determined by the City Council but currentiy shatt be seven (7) members. The term af office shall be for t?uee (3) years and shall commence larruary Z of the first year and expire on December 3l of the third year. Tams sha[! be siaggered so that apprr�ximatety ane-third (t!3} of the offices wil! expire each year. Members ofthe board must be a proprietor, partner or corporate officer of a member business, ex�epting thlt members may be a person holding an execu4ve management position of a member en�ty 'sf such m�mba eatiiy's h�adquartas are not focated in the City ofPalm Desert. No more than one individual from a business paying a single as9essmertt may setve at the same Gme as a membcr of the boatd. Sectian 2. x-O io. The City Manager or his designee shall act as ex-o�cio to the Advisory Board to oversee compliance of all regulatioas as required by committces of the City of Palm Desert. , Section 3. �lonointment of Boa�¢. Advisory Board terms shall be f�lled by application and appointment by tltie City Counci{ in the following manner. A Any Association member who wisf�es to serve on the Advisory Board shall contact the City Cleric's o�ce and file an apptication. The City Cterk shaJl then forward a11 applications to the membership committce of th� Advisory � Board. B. The membership committce shall interview �ach appGcant and rzport their findings to the Advisory Bnard . The Board will thea vote o� rach appticant and by majacity vote recommend a person(s) to the City Council . to fill such seat. C. Having deternuned their seleetion of nominee director. the Advisory Board shail forward th� name of their nomiaee to the City Clerk together with a written explanation of their reasons for so choasing, and the City Clerk sba11, in tum, forward the name and expianation to the City Council with � the request that the Council appoint the noininee director to scrve on the Advisory Board. 5ection 4. Resisnation. Ar►y director may resign by filing a written resignation with the secretary. Beginning with the 20U ( calendaz year, absence from more than 4 Regular Board Meelings during !he course of the calendar year shall constitute atttomatic resignation. Section 5 Removal An;� director who ceases to be a proprietor, partner or corporate � . Rh�uB�DJEtitt]u� c ,� ��cu �...• • officer of a member business or any dirxtor wha ceases to be in an executive management � position in the case of a member entity whose headquarters are not located in the City af Paim Desert, shaJl automatically be removed as a director. Section 6. Vacancie�. in the event a dircctor resigns, is removed or is otherwise unable to serve out thcir norma! term. the Adyisory Board shall replace the member. The method used for replacement shall be the same method as used for an origina! appointment to the Advisory Board af Dircctors, as set forth in Artide III, Section 2 oithese By-Laws. Section 7. Re�uiaz Meetin�s. The first meeting of the month of May shall be designated as the Budget Planning and Annual Meeting of the Boacd of D'uectors. The date of the regular.meetings of the Board of Directors are the third Thursday of each month, unless otherwise posted, sud are noticed to the public under the rules and regulations af the Ralph M Brown Act (Govemment Code Sxtion 54950 and following). Section 8. S�ecial Meetin�. Special meetings of the Advisory Board may be celled by or at thc request of the president or any two (2) members. The person ar persons authoriud to call special meetiwgs of the Advisory Board may pick any place, within the City of Palm Desert as the pIace for holding any special meedng of the Advisory Board called by them. Seciian 9. N�. Nodce of azty speciat meeting of the Advisory Board shal! be given at least twerrty-four (24) hours previously thereto by written notice deGvered persaaa�iy to each member at their address as shown by the records of the Association. � Any member may waive notice of any speeial meeting. The attendancc of a member at any special meeting sha[1 constirirte a waiver of notice of such meebng� except where a manber atteads a meeting for the express purpose of objecbng to the transaction of any business because the meeting is not lawfully called or convened. T6e bnsiness to be transacted at� nor the purpose of, any regular or special meeting af the Advisory Board must be sp�cified 'w tbe notice or waiver oinotice of such mceting. Section 10. uorum. A majority of the Advisory Board shall constitute a quotum for the transactioa of busineu at any regular or speciat meeting of the Advisory Board, provided, that if less than a raajority of the members are prescnt at said meeting, a majoriry of the member . present may adjourn tke meeting from time to time without fwiher notice. Sectian 1 l. Manner of Actins�. The act of a majority of the members are a meeting at which a quorum is present shall be the act of the Advisory Boarc1, except where otherwise pcovided by law or these By-laws. Section 12, Comoensation Members of the Advisory Board shall not raeive any compensation for their services. � R.�ro'ewrt�in,u 3 i�io�on r- � _ Section 13. Disclosure. All members of the Advisory Board shall comply with alt " disclosurt requirements of cammittees of the City of Palm Desert per the Conflict of Interest (� Code which complies with the Political Reform Act. ARTICLE IV OFFICERS Section l. Offi ers. ?he officers of the Advisory Board shall be a president, one or more vice presidents (the number thereof to be detetmincd by the board of directars), a secretary, a treasurer and such other officers as may be elected in accordance with the provisions of ihis article. TEie Advisory Board may etect to appoint such other officers as it shall deem desirable, such other afficers to have the authority and perform the duties prescribed, from time to time, by the Advisary Board. All officers must be members of the board of directors. Section 2. Election n,-�ci Tea-cr vf Office. The office�s of the Advisory Board shall be elected annually by the Board in January of each year. Vacancies may be filled or new offices created and filled at any mee6ng of the Board. Each officer shall hold office until their successor shall have been duly elected. Section 3. Remaval. Any officer elected or apgointed by the board of directors may be cemaved by the board of difectors whenever in its judgment the be�t interesi of the Association may be served. (7This shall oe bv a maioritv �vte of the en4re board 6�di�cc�ors.) � Section 4. Vacancies. A vacancy in any office becausa af death, resignation, removal disqua�ification or othecwise, may be filted by the Advisory Board for the unexpired portion of the term. ARTICLE V COMMITTEES Section 1. Committees. Committees shall not have the authority of the Advisory Soatd in the management of the Association. The members of a committee ahall be mea�bers of ihe �sociation and the �►dvisory Board shall appoint the members thereof. Any membcrs thereof may be removed by the board of directors whenever, in their judgrnent, thc best interest of the Association s'naii be served. A member of the Advisory Board shall b� an advisory member of all committees. Section 2. Terms of Office. Each member of a cortunittee shall continue as such until their successor is appointed, unless the committee shall be terminated sooner, or unlcss such member is removed from such committee, or unless such mernber shalt cease to qualify as member thereof. � ��ua�nr�trssu idtsroo 1 � V Section 3. Chairman. One member of each committee shall be elected chairman by the membas of the committce. Section 4. Vacancies. Vacancies in the memberst�ip of any committee may be filied by the same mannec as provided in the case of the original appointment. Section 5. Ouorvm. Urdess otherwise provided in the resolution of the Advisory Board designatinng a cocnmittee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the comrruttce. Section b. Ru es. Each committee may adopt rules for its own government consistent with these By-laws or with niles adopied by the Advisory Board. ARTICLE Vi BOOKS AND RECORDS � The Associatioa shelt keep correct and complete books and recards of accounts and shall also keep minuta of the proceedings of its members, Advisory Beard and committees, and shall keep at its principal office a record giving the names and addresses of the members entitled to vote. AI1 books and records of the Association may be inspxted by any member, or their agent, or attorney for any proper purpose at any reasonable time. AR'FICLE Va FISCAL YEAR The fisca! year of the Association shall coincide with the fiscal year of the City of PaIm Desert. ARTICLE VIII 1 PARLIAMENTARY PROCEDURE All meetings of the Association shall be governed by and in accordance with Robert's Rules of Order. �ue�tn� 5 ia�woo ARTICL.E IX � � �. AMENDMENTS TU BY-LAWS These By-laws may be altered, amended ar repealed and new by-laws may be adopted by a two-thirds (2/3) majority vate of the whole Advisory Hoard at any regular meetiag of the board of directors. All amendments, alterations or repeaI shall be approved by the City Counci! beFore thc santt shall be in effect. �cr��t�rn.0 � torty+oo