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HomeMy WebLinkAboutResolution 2012-01 Parks and Recreation Commission Bylaws - MembershipCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 09-33 (PARKS AND RECREATION COMMISSION BYLAWS) PERTAINING TO ARTICLE III: MEMBERSHIP SUBMITTED BY: Mark Greenwood, Director of Public Works DATE: January 12, 2012 CONTENTS: Resolution No. 2012- 01 Amended Resolution No. 09-33 Parks and Recreation Commission Minutes Dated October 4, 2011 Recommendation That the City Council waive further 2012- 01 , amending Resolution and Recreation Commission Bylaws. Executive Summary reading and adopt Resolution No. No. 09-33 and updating the Parks Approval of staffs' recommendation would amend the Parks and Recreation Commission Bylaws adding the Desert Recreation District (DRD) and The Family YMCA of the Desert (YMCA) as Ex-Officio members of the commission. Parks and Recreation Commission Recommendation The Commission discussed this at its regular meeting of November 1, 2011. Staff presented this item as a way to better involve both of the City's primary recreational program providers. Commissioner discussion centered on several topics including: 1. Are there issues with conflicts of interest? 2. Should these members be regular members or ex-officio members? 3. What is the primary purpose of adding the members? Staff discussed that the approach of involving stakeholders has been recently used with the City's Marketing Committee and has been successful thus far. The purpose of Staff Report Parks and Recreation Commission Bylaw Amendments January 12, 2012 Page 2 of 3 involving these agencies as members of the commission is to invite them to the table and freely share ideas for the betterment of the community. Representatives from both agencies were in attendance during the discussion and indicate that they often feel as if they could contribute to a discussion that the Commission is having, but are reluctant to do so because they are not formally a part of the Commission. The Commission agreed, but suggested that the new members be added as ex-officio members rather than regular members. Each agency expressed that they actually prefer this form of membership and thanked the Commission for wanting to involve them. The Commission approved a recommendation to the City Council to add the YMCA and DRD as ex-officio members by a 6-1 vote (Commissioner Bernard opposing). Proposed Amendments (shown in bold and italicized): Article III: Members hip/Compen sation/TermsNacancies The Commission shall consist of nine (9) residents from the City of Palm Desert, one (1) ex-officio member from the Desert Recreation District, one (1) ex-officio member from the Family YMCA of the Desert and no more than two (2) alternates may be appointed by the City Council to serve a four-year (4) term, unless appointed to complete the term of a Commissioner who has vacated the position. All members serve without compensation, but may be reimbursed reasonable expenses in accordance with City Policy. Any or all members of any City committee or commission may be removed at any time, with or without cause, by vote of the City Council. Background The Parks and Recreation Commission bylaws state that the Commission has the power to make recommendations to the City Council in all matters pertaining to the creation, planning, acquisition, operation, maintenance, coordination, management, and control of all parks and recreation activities and facilities within Palm Desert. The focus of the Commission for many years has been in a development mode as the City was growing rapidly. With development very slow and very few parks left to plan and create, the focus of the Commission has turned towards how to best utilize the spaces we currently have. Both the DRD and YMCA are key players in that discussion. Staff believes their presence on the Commission will be a positive step in the right direction and recommends that the City Council approve staff's recommendation. Staff Report Parks and Recreation Commission Bylaw Amendments January 12, 2012 Page 3 of 3 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: � 1 Ryan endell Senior Management Analyst Department E Wwryaj�07 A CITY COUNCEL:�T o APPROVED TWIN David Erwin, City Attorney x EjEw-07�j-----OTHER AYES: r ra ni t"M)K . Ki mri ved By: NOES: ABSENT: ABSTAIN: ALO ERIFIED BY: i M. Wohlmuth Original on File with Ci Jerk's Ofliq Manager RESOLUTION NO. 2012- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 09-33 UPDATING THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS. RECITALS WHEREAS, the Parks and Recreation Commission was created in 1976 as a five - member board with its primary responsibility those matters dealing with the parks and recreational issues in the City; and WHEREAS, the City of Palm Desert has experienced tremendous growth since 1976, and the increase in ongoing recreation programs, the development, operation and maintenance of parks and recreational facilities requires that the goals and objectives of the Parks and Recreation Commission be clear and concise; and WHEREAS, it is believed that updated bylaws will help the Parks and Recreation Commission operate in a more efficient and effective manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That the Parks and Recreation Commission bylaws are hereby updated to better clarify the goals and objectives of the Commission as shown on the amended Resolution No. 09-33 attached hereto and incorporated herein. PASSED, APPROVED and ADOPTED this day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR RESOLUTION NO. 09-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 01-17 AND UPDATING THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS. WHEREAS, the Parks and Recreation Commission was created in 1976 as a five -member board with its primary responsibility those matters dealing with the parks and recreational issues in the City; and WHEREAS, the City of Palm Desert has experienced tremendous growth since 1976, and the increase in ongoing recreation programs, the development, operation and maintenance of parks and recreational facilities requires that the goals and objectives of the Parks and Recreation Commission be clear and concise; and WHEREAS, it is believed that updated bylaws will help the Parks and Recreation Commission operate in a more efficient and effective manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That the Parks and Recreation Commission bylaws are hereby updated to better clarify the goals and objectives of the Commission as shown in Exhibit A attached hereto and incorporated herein. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 21 st day of May, 2009, by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE OBERT SPIEGEL, AYOR ATTEST: RACHELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA [This page has intentionally been left blank.] RESOLUTION NO. 09-33 WN:1Wit W_1 TABLE OF CONTENTS PAGE ARTICLE I: Mission Statement............................................................................ 2 ARTICLE II: Implementation Measures............................................................... 2 ARTICLE III: Membership/Compensation/TermsNacancies .............................. 2 ARTICLE IV: Absence............................................................................................ 2 ARTICLEV: Voting................................................................................................ 2 ARTICLE VI: Officer Appointments....................................................................... 2 ARTICLE VII: City Personnel.................................................................................. 3 ARTICLE Vill: Meetings Section 1. Regular Meetings............................................................. 3 Section 2. Adjourned Meetings.......................................................... 3 Section 3. Special Meetings.............................................................. 3 Section 4. Notice of Meetings............................................................ 3 Section 5. Meeting to be Public......................................................... 3 ARTICLE IX: Order of Business Section1. Agenda............................................................................. 3 Section 2. Agenda Deadline.............................................................. 4 Section3. Roll Call............................................................................ 4 Section 4. Approval of Minutes.......................................................... 4 Section 5. Presentation by Commission Members ............................ 4 Section 6. Roberts Rules of Order ..................................................... 4 ARTICLE X: Addressing the Commission Section 1. In Person.......................................................................... 4 Section 2. Written Correspondence................................................... 5 ARTICLE XI: Duties Section 1. Master Plan..................................................................... 5 Section 2. Citizen Input.................................................................... 5 Section 3. Public Access.................................................................. 5 Section 4. Commissioner Inspections .............................................. 5 Section 5. Commissioner Liaisons ................................................... 5 Section 6. Advise/Recommend to City Council ................................ 5 1 of 5 RESOLUTION NO. 09-33 ARTICLE 1: Mission Statement Parks and Recreation Commission shall have the power to make recommendations to the City Council in all matters pertaining to the creation, planning, acquisition, operation, - maintenance, coordination, management, and control of all parks and recreation activities and facilities within the City of Palm Desert. All statements contained within this document will presume to pertain to the Parks and Recreation Commission of the City of Palm Desert and hereafter referred to as "Commission." ARTICLE II: Implementation Measures Commission shall be consulted in ample time to give their opinion on parks and recreation programs and funds. The Commission prior to adoption shall review all parks and recreation plans. Any substantive questions or issues brought before the City Council relating to parks and recreation should be referred to the Commission for review and comment. ARTICLE III: Membership/Compensation/Terms/Vacancies Nine residents from the City of Palm Desert shall be appointed Commissioners and no more than two (2) alternates may be appointed by the City Council to serve a four-year (4) term, unless appointed to complete the term of a Commissioner who has vacated the position. All members serve without compensation, but may be reimbursed .�.. reasonable expenses in accordance with City policy. Any or all members of any City committee or commission may be removed at any time, with or without cause, by a vote of the City Council. ARTICLE IV: Absence Three (3) unexcused absences from regular meetings in any one year (January 1- December 31) shall constitute an automatic resignation of members holding office on a City commission or committee that meets monthly. ARTICLE V: Voting Each appointed Commissioner shall be entitled to one (1) vote in all matters. ARTICLE VI: Officer Appointments At the first meeting in January of each year, the Commissioners shall elect a Chairperson and a Vice Chairperson. It is intended through this yearly rotation to allow everyone (who has not served in either position) to serve as Chairperson or Vice Chairperson. If the Chairperson or Vice Chairperson is not available, members present may elect a Chairperson Pro Tern to preside over the meeting. 0-10 2 of 5 RESOLUTION NO. 09-33 ARTICLE VII: City Personnel A City Secretary will be made available at every Commission meeting to record the minutes. A Staff member will be present to keep the Commission current on all issues via written reports distributed with the agenda and minutes. A Council Member may attend to act as a liaison between the Commission and the City Council. Additionally, a representative from the Coachella Valley Recreation and Park District, Family YMCA of the Desert, and any other organization that has an interest in parks and recreation are encouraged to attend. ARTICLE Vill: Meetings Section 1. Regular Meetings Commission shall hold regular meetings at City Hall, 73-510 Fred Waring Drive, Palm Desert, California, on the first Tuesday of the month at 8:30 a.m. When any regular meeting of the Commission falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting may be held at the same hour on the next succeeding Tuesday. Commission may change the date and time of their regular meetings. Section 2. Adjourned Meetings Any meetings may be adjourned to a certain time, place, and date; but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Section 3. Special Meetings On twenty-four (24) hours' notice, the Chairperson or a majority of Commissioners may call special meetings. Only matters contained in the notice may be considered. Section 4. Notice of Meetings United States Postal Service (USPS) mail, City e-mail, or personally delivered notice is required of all regular, adjourned, and special meetings. If by e-mail, City staff shall have on file a written waiver from each Commissioner desiring transmission by such electronic means rather than USPS mail or personal delivery. Section 5. Meeting to be Public All regular, adjourned, study sessions, and special meetings of the Commission shall be open to the public. ARTICLE IX: Order of Business Section 1. Agenda Order of business at each meeting shall be contained in the agenda prepared by the secretary. items may not be taken out of order except with the unanimous consent of the Commission; otherwise, the agenda shall be a listing of subjects 3of5 RESOLUTION NO. 09-33 by topic, which will be taken up for consideration and disposition in the following order: -� Call to Order Roll Call Oral communications Approval of Minutes Unfinished Business New Business Reports and Updates Commissioner Comments Adjournment Section 2. Agenda Deadline Any person wishing to place an item on the agenda shall provide sufficient information to the secretary seven (7) days prior to the next scheduled meeting. Commission shall act upon no matters other than those on the agenda. Section 3. Roll Call Before proceeding with the Commission business, the Chairperson shall call the roll of the Commissioners and those present shall be entered into the minutes. Section 4. Approval of Minutes Unless the reading of the minutes of the previous Commission meeting is requested by a majority of the Commissioners, such minutes may be approved without reading, if the secretary has previously furnished each commissioner with a copy thereof. Section 5. Presentation by Commission Members The Chairperson or any Commissioner may bring before the Commission any new business under the comments portion of the agenda subject to the law of the State of California governing public meetings and appointed boards and commissions. Section 6. Robert's Rules of Order Meetings shall be conducted in accordance with Robert's Rules of Order. ARTICLE X: Addressing the Commission Section 1. In Person Any person desiring to address the Commission shall wait to be recognized by the presiding officer. After being recognized, the person shall state name and city 4 of 5 RESOLUTION NO. 09-33 of residence for the record and shall limit remarks to the question under discussion. All remarks and questions shall be addressed to the chair and not to any individual Commissioner, staff member, or other person. No person shall enter into any discussion without being recognized by the presiding officer. Section 2. Written Correspondence The secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not requiring Commission action may be disposed of between Commission meetings. Any communication requiring Commission action will be reported to the Commission at the next regular meeting at which time the secretary can have a report and recommendation on the matter. ARTICLE XI: Duties Section 1, Master Plan Commission shall develop and maintain a City master plan for parks and recreation. Section 2. Citizen Input Obtain continuous citizen input as a means to quantifying the needs of the community. Section 3. Public Access Ensure convenient access and usability by all the citizens of the community. Section 4. Commissioner Inspections Each Commissioner will inspect an assigned park and report the condition and observations regarding improvements to City Staff prior to the next scheduled meeting of each scheduled month. City staff will ensure reported problems are properly addressed. Section 5. Commissioner Liaisons Commissioners may be appointed by the Commission or City Council to serve as a liaison with other counties, districts, cities, agencies, commissions, committees, organizations, or groups as may be appropriate. Section 6. Advise and Recommend to City Council Advise and make recommendations to the City Council on any park and recreation matters. All recommendations approved by the Commission shall be officially forwarded to the City Council by City staff. Date Adopted: May 21, 2009 5 of 5 PARKS AND RECREATION COMMISSION APPROVED MINUTES NOVEMBER 1, 2011 IV. CONSENT CALENDAR A. MINUTES OF THE REGULAR MEETING OF TUESDAY, OCTOBER 4, 2011 Mr. Ryan Stendell clarified that on Item A, Civic Center Tennis Court Replacement, paragraph five, the first sentence should read "Staff suggested scheduling a `General Cahuilla Park Users' meeting in November", since the meeting is intended for all the Cahuilla Park users, not only pickleball players. Commissioner Housken added that on the same item, paragraph four, line one should read "four pickleball courts 'at Cahuilla Hills Park' are not enough", since Palm Desert does have pickleball courts in other parks. Upon a motion by Chairman Guyer, second by Vice Chair Dawson, and 7- 0 vote of the Commission Board, the Consent Calendar was approved with the above clarifications. V. NEW BUSINESS A. PROPOSED AMENDMENT TO THE PARKS AND RECREATION COMMISSION BYLAWS Mr. Stendell stated that as the City approaches build out and with the current budget constraints, it will be some time before construction of the last few pending parks begins. Therefore, staff would like to shift the Commission's focus on how to maximize space use in our current parks. The Desert Recreation District (DRD) and Family YMCA provide excellent programs on behalf of the City and are long-term recreation providers to the City. Staff sees their expertise as a natural fit and believes that the best way to involve them in the City's recreation aspects is by inviting them to become members of the Commission. If the Commission agrees, a motion to City Council to approve a revision of the Parks and Recreation Commission By -Laws is needed. Vice Chair Dawson stated that because this Commission serves an Advisory Commission and represents the Palm Desert residents, the following should be considered before a motion is presented: • Is the Commission recommending that these two entities be on the Commission knowing that they are contractors to the City? Would it get the wrong public perception? • What is the purpose; to seek the organization or a specific title and/or individual? • Will both agencies be official members of the Commission? 2 PARKS AND RECREATION COMMISSION APPROVED MINUTES NOVEMBER 1, 2011 To the first concern, the City Manager, Mr. John Wohlmuth, responded that a conflict would only exist if money and/or contractual services are involved. If the agenda includes an item that affects any member directly, the individual cannot participate in that particular discussion. On the second concern, he stated that the City Council appoints individuals; therefore, each organization will be required to nominate the individual that will represent the organization. The Commission will then give its recommendation to the City Council for approval. Finally, Mr. Wohlmuth clarified that the agencies do not need to be official members of the Commission; they can be ex-officio members. This means that they can participate in the discussions, but they cannot vote on the motions. When asked to comment, Mr. Kevin Kalman of the DRD thanked the Commissioners for considering making the DRD a member of the Commission. He stated that their organization used to be a member of the Commission; therefore, he believes returning their organization as an official or ex-officio member would be beneficial. Mr. Rob Ballew of the YMCA shared the same sentiments and agreed with being an ex- officio member if it's what the Commission prefers. Commissioner Barnard was not sure how this would be a benefit, since both agencies have contracts with the City. Mr. Greenwood clarified that the DRD and YMCA provide recreational services to the City whether they have a contract with Palm Desert or not. Both agencies are being invited as providers, not as contractors. Commissioner Rodriquez asked if there was another reason for this change, since both agencies attend every meeting and are available to answer any questions and/or concerns the Commission might have. Staff stated that the benefit would be that both agencies would be allowed to provide input without restrain. Currently, they only participate in a discussion when they are asked to. Commissioner Kelly stated that the Palm Desert residents appreciate the work both agencies provide and believes the Commission would benefit from their participation. Chairman Guyer added that the main reason for this change is the lack of new park constructions. The Commission's role is changing to more of a programming role and the YMCA and DRD can assist. Vice Chair Dawson agreed that the both agencies should be allowed to participate in all discussions as ex-officio members of the Commission, but each agency must designate specific individual to represent them. Commissioner Hall added that it was important for the Commission to be viewed as inclusive, not exclusive. She asked if this could open issues with other groups and/or organizations that might want to be become part of the Commission. Mr. Wohlmuth clarified that the 3 PARKS AND RECREATION COMMISSION APPROVED MINUTES NOVEMBER 1, 2011 application process is opened year round to any individual and/or organization that wishes to become a member of the Commission. It is up to the Commission and the City Council to give its approval. The Commission concurred and recommended that the YMCA and DRD become ex-officio members of the Commission; each agency is to appoint a specific individual to represent them; and their absences are to be handled in the same manner as the absences of the official members. Mr. Wohlmuth clarified that the initial motion needs to include a recommendation to the City Council to modify the Bylaws as recommended by City staff. Upon a motion from Vice Chair Dawson, second by Commissioner Kelly and a 6-1 vote of the Commission with Commissioner Barnard opposing, the above recommendations were moved forward to the City Council for approval. VI. CONTINUED BUSINESS NONE 1y/_I11�01411111 *1I+11L,1*11 NONE VIII. PRESENTATIONS AND UPDATES A. CAHUILLA HILLS PARK PROPOSED BEGINNERS TRAIL WALK As requested in the previous meeting, Commissioner Kelly and Vice Chair Dawson joined Mr. Stendell on the beginners trail initial walk. The three agreed the trail was easy enough for beginners and incorporated all of the Commission's requests. Mr. Stendell will approach CVAG Trails Subcommittee to discuss the project's feasibility. B. DOG PARK USERS GROUP MEETING Mr. Stendell reported that last week's Dog Park Users Group Meeting included 15 attendees; a much lower attendance than the initial meeting, which included 50 attendees. The news that some areas will not be overseeded was received well. Some residents asked if they could form volunteer groups to help with the maintenance of the dog parks. In addition, a couple from Canada offered to donate money if they were guaranteed the funds would be used only for the maintenance of the University Dog Park. Mr. Stendell noted that none of the attendees were critical of the parks; on the contrary, aware of the changes in the level of service, they were looking for ways to help.