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Item 4.3 - Adoption of a Reso to Amend the Charter for the Parks and Recreation Advisory CommitteeG��Y OF POWgY Cm' W THE ��J DATE: TO: FROM: CONTACT: SUBJECT: City of Poway COUNCIL AGENDA REPORT January 15, 2019 Honorable Mayor and Members of the City Council Tina White, City Manager APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. 11-D65 Brenda Sylvia, Director of Community Services�� (858) 668-4585 or bsylvia@poway.org Adoption of a Resolution to Amend the Charter for the Parks and Recreation Advisory Committee Summary: The Parks and Recreation Advisory Committee (PRAC) was established in 1981 to advise the City Council on the parks and recreation needs of the City of Poway. When the PRAC was formed, Poway was a newly incorporated city with plans to develop many parks and recreation facilities. Throughout the years, the PRAC has provided valuable public input regarding the establishment and expansion of parks, trails, and recreation facilities and programming. As Poway has matured, the role of the PRAC has changed. There are very limited opportunities to discuss new and expanded facilities and programming. After careful review and consideration, it is recommended the PRAC charter be amended to have the committee serve on an as -needed basis. This will allow the committee to take on special projects and/or assignments from the City Council, but does not require them to meet on a regular basis if there are not substantive items for discussion and action. Additional changes to the charter are also being recommended, including revisions to the purpose and duties, as well as the term of appointment. Recommended Action: It is recommended that the City Council adopt the attached resolution amending the charter of the Parks and Recreation Advisory Committee. Discussion: The Parks and Recreation Advisory Committee (PRAC) was established in 1981 to advise the City Council on the parks and recreation needs of the City of Poway. When the PRAC was formed, Poway was a newly incorporated city with plans to develop many parks and recreation facilities. Over the years, the City Council has looked to the PRAC for public outreach and input on matters such as new parks and park expansion, trail system improvements, increased recreation opportunities, and land acquisition for park development and preservation. As parks, open space, facilities, and trails have developed, Poway transitioned from a growing city to an established city, thus providing limited opportunities for the PRAC to make recommendations, undertake projects, and advise the City Council. According to the existing charter, the PRAC is scheduled to meet on a quarterly basis. Recent meetings have been cancelled due to a lack of agenda items, and for those meetings that do take place, the agenda primarily consists of updates from Community Services staff. The City Council -adopted PRAC charter states that it shall be reviewed every two years and may be amended at any time upon the approval of the City Council. The charter was last revised in 2013. After careful review and 1 of 12 January 15, 2019, Item #4,3 Resolution to Amend the Charter for the Parks and Recreation Advisory Committee January 15, 2019 Page 2 consideration, it is recommended that the PRAC serve on an as -needed basis. This will allow the committee to take on special projects and/or assignments from the City Council, but does not require them to meet on a regular basis if there are not substantive items for discussion and action. Additional changes to the charter are also being recommended, including revisions to the purpose, duties, and the term of appointment. The revised purpose and duties are focused on special assignments and include examples of the type of projects that the PRAC may be tasked with. Language regarding voting and officers is being removed as they are no longer applicable, and the term of appointment is being revised to two years, which is consistent with the term of the Budget Review Committee. With very limited opportunities to serve on citizen committees, the two-year term is intended to provide more residents with a chance to serve. With the change in terms, any current PRAC members interested in continuing to serve must apply for reappointment. If Council approves the recommended changes to the Charter, including the 2 - year term, the City Clerk will accept applications (available on the City's website and in the City Clerk's office) from January 16, 2019, through February 15, 2019, from Poway residents wishing to serve on the PRAC. The City Council could then review the applications and make appointments to the Committee at the March 5, 2019, City Council meeting. Fiscal Impact: None. Environmental Review: This item is not subject to CEQA review. Public Notification: Notification was sent to members of the Parks and Recreation Advisory Committee. A copy of the amended PRAC Charter will be posted on the City's website upon City Council approval. Attachments: A. Resolution B. Strikeout Version of the Charter Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2of12 Reviewed By: Alan Fenstermacher City Attorney Approved By: Tina M. White City Manager January 15, 2019, Item #1.3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RESCINDING RESOLUTION NO. 13-005, AND ADOPTING A REVISED CHARTER FOR THE PARKS AND RECREATION ADVISORY COMMITTEE WHEREAS, on February 17, 1981, the City Council appointed five citizens to serve as a Parks and Recreation Committee; and WHEREAS, by Resolution No. 101 adopted on May 19, 1981, the City Council formally established the Parks and Recreation Committee (the "Parks and Recreation Committee") and adopted a charter for the committee; and WHEREAS, by Resolution No. 279, the City Council amended the charter of the Parks and Recreation Committee, and WHEREAS, by Resolution No. 86-083, the City Council amended the Committee's charter: and WHEREAS, by Resolution No. 03-004, the Parks and Recreation Committee was renamed the Parks and Recreation Advisory Committee (the "Committee"); and WHEREAS, by Resolution No. 13-005 the charter was again amended; and WHEREAS, it is desirable to revise the charter for this committee, more particularly to (1) designate that the committee will serve on an as -needed basis; (2) update the purpose and duties of the committee; (3) amend provisions related to membership, voting, and officers; and (4) change the frequency of meetings; and WHEREAS, amendments to the charter shall only become effective upon approval by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. The charter adopted by Resolution No. 13-005 is hereby rescinded and repealed. 2. Anew charter for the Committee, attached hereto as "Exhibit A," is hereby adopted. 3 of 12 ATTACHMENT A January 15, 2019, Item #43 Resolution No. _ Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 15th day of JANUARY 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify, under penalty of perjury, that the foregoing Resolution No. was adopted by the City Council at a meeting held on this 15th day of JANUARY 2019 and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: A. Kay Vinson, Interim City Clerk City of Poway EXHIBIT A: Revised Charter 4 of 12 ATTACHMENT A January 15, 2019, Item #1+.3 Exhibit A Charter City of Poway Parks and Recreation Advisory Committee Section I. Definition The Parks and Recreation Advisory Committee is established to serve on an "as -needed" basis for the purpose of assisting with special projects that do not require regular meetings. Section II. Purpose The purpose of the Parks and Recreation Advisory Committee shall be to act in an advisory capacity to staff working on park, recreation, and community service projects by participating in meetings, supporting research and analysis efforts, and providing input and recommendations at the direction of the Poway City Council. Section III. Duties The Parks and Recreation Advisory Committee shall assist staff with specific projects and tasks as determined and directed by the Poway City Council. Examples of potential committee assignments may include: • Help identify and recommend new programming ideas and opportunities to meet the needs of the community. • Review and recommend the best use of joint City/School District facilities. • Consider and recommend modifications or development of recreation areas, facilities, programs, and services. • Assist with periodic inventories of dedicated parkland and open space to ensure best practices related to adequate recreational acreage and equitable facilities and amenities. • Help examine and develop recommendations for service delivery models to reflect City and industry standards. Section IV. Membership The Parks and Recreation Advisory Committee shall consist of five (5) members appointed by the Mayor with concurrence of the City Council. Each Councilmember shall offer to the City Council a nomination for appointment to the Committee. 5 of 12 ATTACHMENT A January 15, 2019, Item # 4.3 A. Committee members shall be residents of the City of Poway. B. Committee members shall each serve a two-year term. Existing Councilmembers shall submit nominations for membership to the Mayor for confirmation at a regular City Council meeting. C. Article XX, Section 3 of the Constitution of the State of California requires that prior to taking office each member of the Committee must be administered an Oath of Office. After appointments are made, the City Clerk of the City of Poway will administer the oath. D. The City Manager, or such City employee designated by the City Manager, shall be an ex -officio member of the Committee. Section V. Termination of Membership Any member of the Committee may be removed at any time and without cause by a majority vote of the City Council. Section VI. Meetings of Members Committee meetings may be called and facilitated by staff as needed throughout the duration of a specific task or project. Committee meetings require a majority of the members in attendance (quorum). Section VII. Conduct A. Conflict of Interest Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. B. Ethics Training Committee members are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. C. City's Code of Ethics The City's Code of Ethics shall be upheld by all Committee members. D. Sexual Harassment Prevention Training and Education Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661, Government Code Section 53237, et seq. 6 of 12 ATTACHMENT A January 15, 2019, Item # `}•3 E. Additional Requirements Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. Section VIII. Compensation Members of the Parks and Recreation Advisory Committee shall serve without compensation. Section VIIII. Amendment of Charter This charter may be reviewed and amended at any time. Amendments shall become effective upon approval by the City Council. Section X. Brown Act Compliance All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). Specifically, the Committee shall comply with the following: A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 54956) 7 of 12 ATTACHMENT A January 15, 2019, Item #43 Charter City of Poway Parks and Recreation Advisory Committee Section I. Definition The Parks and Recreation Advisory Committee is established to serve on an "as -needed" basis for the purpose of assisting with special projects that do not require regular meetings. Section II. Purpose The purpose of the Parks and Recreation Advisory Committee shall be to- act in an advisory capacity to staff working on park, recreation, and community service projects by participating in meetings supporting research and analysis efforts and providing input and recommendations at the direction of the Poway City Council GR the Parks and recreational Reeds of the City 9f o,.,.,.,,, ru��Frks and Recreation Advis-ery GGmmittee shall provide a means of enGO - . - ity Section III. Duties The Parks and Recreation Advisory Committee shall have the followingdutiesassist staff with specific projects and tasks as determined and directed by the Poway City Council_ Examples of potential committee assignments may include: • Help identify and recommend new programming ideas and opportunities to meet the needs of the community. • Review and recommend the best use of joint City/School District facilities. • Consider and recommend modifications or development of recreation areas, facilities, programs, and services. • Assist with periodic inventories of dedicated parkland and open space to ensure best practices related to adequate recreational acreage and equitable facilities and amenities. • Help examine and develop recommendations for service delivery models to reflect City and industry standards. 2. ldeRfify aFea6 ef the City where new parks or recreation facilities and progFarRs may be 'red Z Review existing n 8 of 12 ATTACHMENT B January 15, 2019, Item # 4.3 Section IVtt. Membership The Parks and Recreation Advisory Committee shall consist of five (5) members appointed by the Mayor with concurrence of the City Council. Each Councilmember shall offer to the City Council a nomination for appointment to the Committee. A. Committee members shall be residents of the City of Poway. B. Committee members shall each serve a two-year term. Existing Councilmembers shall submit nominations for membership to the Mayor for confirmation at a regular City Council meeting. re� C. Article XX, Section 3 of the Constitution of the State of California requires that prior to taking office each member of the Committee must be administered an Oath of Office. After appointments are made, the City Clerk of the City of Poway will administer the oath. D. The City Manager, or such City employee designated by the City Manager, shall be an ex -officio member of the Committee. Department,If a rnern-ber misses mGre thaR three (3) consecutive rneetiRgS of the Committee witho�uf - consideredtmoo have FeGigr ed 4FeM theCommittee. In additien, Aany member of the Committee may be removed at any time and without cause by a majority vote of the City Council. Section VI. Meetings of Members 0 . .. . . ....... [ ORION jffi-� Special -Committee meetings may be called and facilitated by staff ta;,,=z;,;,e as needed throughout the duration of a specific task or project. throe (3) or more members. Committee meetings require a majority of the members in attendance (quorum). NOtifiGation to the publiG and press must be m.+rlo 'naGrord-.nno ui th +nnlic. t state Irnuc Section VII. Gtb'nn / Conflict Of IntorestConduct A. Conflict of Interest Upon becoming a Committee member, and annually thereafter, each Committee member shall file a Statement of Economic Interest (FPPC Form 700) with the City Clerk of the City of Poway in accordance with California Government Code and the City's Conflict of Interest Code. Additionally, Committee members are required to refrain from participation in matters where they have a potential conflict of interest. The Political Reform Act controls financial conflicts of interest of public officials and advisory boards. B. Ethics Training S+ase Committee members Gan be rc'mb .rsed for expenses they are required to obtain ethics training as outlined in California Assembly Bill 1234, Government Code Section 53234, et seq. C. City's Code of Ethics The City's Code of Ethics shall be upheld by all Committee members. D. Sexual Harassment Prevention Training and Education Committee members are required to obtain sexual harassment prevention training and education as outlined in California Assembly Bill 1661 Government Code Section 53237, et seq. E. Additional Requirements Committee members may be required to obtain additional training as assigned by the City or required by State Government Code. 10 of 12 ATTACHMENT B January 15, 2019, Item #w.3 - - - - _ - - - - - li'm ION, 161 -0111 -mm -0-11-1611 _lig - F WON - ■ _ _ irsss�:r, Section X4VI11. Compensation Members of the Parks and Recreation Advisory Committee shall serve without compensation. HoweveF, members Hall b reimbursed fpr expenses reasonably -and COU- RGOI. Section XW1111. Amendment of BylawsCharter These by4awsThis charter shall be reviewed ^„nn, two „oars ^^ + may be reviewed and amended at any time at ^^Y regular ^r open al mee+;pa Amendments shall become effective upon approval by the City Council. 11 of 12 ATTACHMENT B January 15, 2019, Item #4.3 li'm ION, 161 -0111 -mm -0-11-1611 Section X4VI11. Compensation Members of the Parks and Recreation Advisory Committee shall serve without compensation. HoweveF, members Hall b reimbursed fpr expenses reasonably -and COU- RGOI. Section XW1111. Amendment of BylawsCharter These by4awsThis charter shall be reviewed ^„nn, two „oars ^^ + may be reviewed and amended at any time at ^^Y regular ^r open al mee+;pa Amendments shall become effective upon approval by the City Council. 11 of 12 ATTACHMENT B January 15, 2019, Item #4.3 Section XW. Brown Act Compliance All meetings of City committees and groups are to be open and public, and all persons are to be permitted to attend any meeting. Committee members shall comply with the Ralph M. Brown Act (California Government Code section 54590 et seq.). Specifically, the Committee shall comply with the following: Agenda A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) A. PGSt'n Gf the Agenda The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, in a location that is freely accessible to members of the public and on the City's website. (Sections 54954.2 and 54956) 12 of 12 ATTACHMENT B January 15, 2019, Item # 4.5