Loading...
HomeMy WebLinkAboutEPBID - City Council Liaison AppointmentCITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF A CITY COUNCIL LIAISON APPOINTMENT TO THE EL PASEO BUSINESS IMPROVEMENT DISTRICT SUBMITTED BY: Ruth Ann Moore, Economic Development Manager DATE: May 12, 2016 CONTENTS: El Paseo Business Improvement District By-laws By minute motion, provide direction for an appointment of a City Council liaison to the El Paseo Business Improvement District. Executive Summary: The El Paseo Business Parking and Improvement District (EPBID) was formed in 1989 for the purpose of representing the interest of those business members within the district on advertising promotion, street beautification, parking, tourism and other activities. The boundaries include businesses located along El Paseo from HWY 74 through Portola Avenue. The Board of Directors for EPBID consists of seven voting members that must be a proprietor, partner or corporate officer of a member business within the district or hold an executive management position of a member business entity if such member entity's headquarters are not located in the City of Palm Desert. This allows for representation by both local and national businesses within the district. The monies for the EPBID are collected by the City and therefore become public funds that are subject to the City's ordinances for purchasing. The Economic Development Manager acts as the Ex-Officio for the EPBID to provide fiscal oversight. Meetings are held on the third Thursday of each month at 8:00 AM in City Hall and are open to the public. Agendas and minutes are posted in accordance with the Brown Act. Meetings consist almost exclusively of marketing efforts for the EPBID but the Board is occasionally asked to weigh in on issues that may affect their businesses such as signs and street closures. Staff Report Consideration for EPBID Council Liaison May 12, 2016 Page 2 of 2 Per the by-laws, a City Council member would not be a voting member for the EPBID Board and would only act as a liaison to report back to the Council on the marketing efforts and other issues that take place at the meeting. Staff is asking Council to decide whether appointing a council liaison to the EPBID is appropriate. Submitted by: i uth nn Mo re Economic Development Manager Department Head: V4 Martin Alvarez Director of Economic Development u�yosta Assistant City Manager Approval: ust McCarthy Inter m City Manager J G Lcon Uc�clopmcnt,Ruth Ann Moore STAFF RLPORI'S',LPBIU Council Liaison dote C., AMENDED AND RESTATED BY-LAWS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA By the authority of and within the limitations imposed by California state law, the City Council of Palm Desert, California has created in Chapter 3.40 the Code of City of Palm Desert the El Pasco Parking and Business Improvement Area. Subject to the explicit oversight powers of the Council, the El Pasco Parking and Business Improvement Area is formed for the purpose set forth in the Parking and Business Improvement Area Law of 1989. The Board of Directors appointed by the City Council shall act as the Advisory Board provided for in the Parking and Business Improvement Area Law of 1989. . ARTICLE I PURPOSE �I The purpose and objectives of the El Pasco Parking and Business Improvement Area is to represent the interests of its members on El Pasco. These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area. The El Pasco Parking and Business Improvement Area was established to promote El Pasco as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service business. ARTICLE 11 MEMBERSHIP Membership in the area shall include all business and professional people (on a business license basis) with an address between 73-040 through 73-999 El Pasco and adjoining streets located 180 feet south of El Pasco and 154 feet north of El Pasco per Section 3.40.010 of the Palm Desert Municipal Code. aueuA�nh,�rss4a i W19100 r.- ARTICLE 1111 ADVISORY BOARD Section 1. Number. Tenure and Oualification. The number of members of the Advisory Board shall be as determined by the City Council but currently shall be seven. (7) members. The term of office shall be for three (3) years and shall commence January I of the first year and expire on December 31 of the third year. Terms shall be staggered so that approximately one-third (113 ) of the offices will expire each year. Members of the board must be a proprietor, partner or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity's headquarters are not located in the City of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board. Section 2, gx-offIcio. The City Manager or his designee shall act as ex-officio to the Advisory Board to oversee compliance of all regulations as required by committees of the City of Palm Desert. Section 3. Aonointment of Bored. Advisory Board terms shall be idled by application and appointment by the City Council in the following manner- A- Any Association member who wishes to serve on the Advisory Board shall contact the City Cleric's office and file an application. The City Clerk shall then forward all applications to the membership committee of the Advisory Board. B. The membership committee shall interview each applicant and report their findings to the Advisory Board . The Board will then vote on each applicant and by majority vote recommend a persons) to the City Council to fill such seat. C. Having determined their selection of nominee director, the Advisory Board shall forward the name of their nominee to the City Clerk together with a written explanation of their reasons for sa choosing, and the City Clerk sball, in turn, forward the name and explanation to the City Council with the request that the Council appoint the nominee director to serve on the Advisory Board. Section 4. Resienation. Any director may resign by filing a written resignation with the secretary. Beginning with the 2001 calendar year, absence from more than 4 Regular Board Meetings during the course of the calendar year shall constitute automatic resignation. Section 5 Removal Any director who ceases to be a proprietor, partner or corporate ru+�ue+nn+irr ►<� 2 i • officer of a member business or any director who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the City of Palm Desert, shall automatically be removed as a director. Section 6. Vacanciq. in the event a director resigns, is removed or is otherwise unable to serve out their normal term, the Advisory Board shall replace the member. The method used for replacement shaU be the same method as used for an original appointment to the Advisory Board of Directors, as set forth in Article III, Section 2 of these By -Laws. Section 7. Regular Meetings. The first meeting of the month of May shall be designated as the Budget Planning and Annual Meeting of the Board of Directors. The date of the regular -meetings of the Board of Directors are the third Thursday of each month, unless otherwise posted, and are noticed to the public under the rules and regulations of the Ralph M Brown Act (Government Code Section 54950 and following). Section 8. Special MeetinU. Special meetings of the Advisory Board may be called by or at the request of the president or any two (2) members. The person or persons authorized to call special meetings of the Advisory Board may pick any place, within the City of Palm Desert as the place for holding any special meeting of the Advisory Board called by them. Section 9. Notice. Notice of any special meeting of the Advisory Board shall be given at least twenty-four (24) hours previously thereto by written notice delivered personally to each member at their address as shown by the records of the Association. Any member may waive notice of any special meeting. The attendance of a member at any special meeting shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. The business to be transacted at, nor the purpose of, any regular or special meeting of the Advisory Board must be specified in the notice or waiver of notice of such meeting. Section 10. Ouorum. A majority of the Advisory Board shall constitute a quorum for the transaction of business at any regular or special meeting of the Advisory Board, provided, that if less than a majority of the members are present at said meeting, a majority of the member present may adjourn the meeting from time to time without further notice. Section 11. Manner of Acting. The act of a majority of the members are a meeting at which a quorum is present shall be the act of the Advisory Board, except where otherwise provided by law or these By-laws. Section 12. Comoensation Members of the Advisory Board shall not receive any compensation for their services. Section 13. Disclosure. All members of the Advisory Board shall comply with all disclosure requirements of committees of the City of Palm Desert per the Conflict of Interest (J Code which complies with the Political Reform Act. ARTICLE IV OFFICERS Section 1. Officers. The officers of the Advisory Board shall be a president, one or more vice presidents (the number thereof to be determined by the board of directors), a secretary, a treasurer and such other officers as may be elected in accordance with the provisions of this article. The Advisory Board may elect to appoint such other officers as it shall deem desirable, such other officers to have the authority and perform the duties prescribed, from time to time, by the Advisory Board. All officers must be members of the board of directors. Section 2. Election and Term of Office. The officers 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 meeting of the Board. Each officer shall hold office until their successor shall have been duly elected. Section 3. Removal. Any officer elected or appointed by the board of directors may be removed by the board of directors whenever in its judgment the best interest of the Association may be served. (This shall be by a maiority vote of the entire board of directors.) Section 4. Vacancies. A vacancy in any office because of death, resignation, removal disqualification or otherwise, may be filled 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 Board in the management of the Association. The members of a committee shall be members of the Association and the,kdvisory Board shall appoint the members thereof. Any members thereof may be removed by the board of directors whenever, in their judgment, the best interest of the Association shall be served. A member of the Advisory Board shall be an advisory member of all committees. Section 2. Terms of Office. Each member of a committee shall continue as such until their successor is appointed, unless the committee shall be terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to qualify as member thereof. n'PUWM'T"4" 4 1a19M Section 3. Chairman. One member of each committee shall be elected chairman by the members of the committee. Section 4. Vacancies. Vacancies in the membership of any committee may be filled by the same manner as provided in the case of the original appointment. Section 5. Ouorum. Unless otherwise provided in the resolution of the Advisory Board designating a committee, 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 committee. Section b. Rules. Each committee may adopt rules for its own government consistent with these By-laws or with Hiles adopted by the Advisory Board. ARTICLE VI BOOKS AND RECORDS The Association shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members, Advisory Board and committees, and shall keep at its principal office a record giving the names and addresses of the members entitled to vote. All books and records of the Association may be inspected by any member, or their agent, or attorney for any proper purpose at any reasonable time. ARTICLE VII Desert. FISCAL YEAR The fiscal year of the Association shall coincide with the fiscal year of the City of Palm ARTICLE VHI t PARLIAMENTARY PROCEDURE All meetings of the Association shall be governed by and in accordance with Robert's Rules of Order. RWve M1734" 5 taiWoa L. Qg� ARTICLE IX AMENDMENTS TO BY-LAWS These By-laws may be altered, amended or repealed and new by-laws may be adopted by a two-thirds (2/3) majority vote of the whole Advisory Board at any regular meeting of the board of directors. All amendments, alterations or repeal shall be approved by the City Council before the same shall be in effect. xMPu"Wrn.0 6 to/19M