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Res 13-005RESOLUTION NO. 13 -005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, RESCINDING RESOLUTION NO. 03 -004 AND ADOPTING A REVISED CHARTER FOR THE PARKS AND RECREATION ADVISORY COMMITTEE WHEREAS, by Resolution No. 101, the City Council established the Parks and Recreation Committee (the "Parks and Recreation Committee ") and adopted a charter for the committee; and WHEREAS, on February 17, 1981, the City Council appointed five citizens to serve on the Parks and Recreation Committee; and WHEREAS, by Resolution No. 279 the original charter was amended and by Resolution No. 03 -004 the Parks and Recreation Committee was renamed the Parks and Recreation Advisory Committee (the "Committee "); and WHEREAS, on January 16, 2013, the Committee approved a recommendation to further amend its charter in order to (1) include clarification of requirements for the disqualification from voting; (2) change the frequency of its meetings to at least quarterly; (3) add provisions to address ethics and conflict of interest issues, including requiring Committee members to participate in mandatory ethics training; (4) update procedures for the selection of its officers; and (5) add requirements and procedures pertaining to California Open Meeting laws (i.e., the Ralph M. Brown Act); 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of Poway as follows: Resolution No. 03 -004, and the charter adopted by Resolution Nos. 101, 279 and 03 -004 is hereby rescinded and repealed. 2. The Parks and Recreation Advisory Committee (the "Committee ") shall continue to function as a standing committee of the City of Poway. 3. A new charter for the Committee, attached hereto as "Exhibit A," is hereby adopted and shall remain in full force and effect. Resolution No. 13 -005 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of April 2013. 11 11 is ATTEST: ' M • 6AW Kristen M. Crane, Interim City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Kristen M. Crane, Interim City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 13 -005 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of April 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE / � #- 6*V Kristen M. Crane, Interim City Clerk City of Poway Exhibit A: Revised Charter Exhibit A Resolution No. 13 -005 Page 3 Charter City of Poway Parks and Recreation Advisory Committee Section I. Purpose The purpose of the Parks and Recreation Advisory Committee shall be to advise the City Council on the parks and recreational needs of the City of Poway. Further, the Parks and Recreation Advisory Committee shall provide a means of encouraging community involvement as it pertains to park development and recreational programming. Section II. Duties The Parks and Recreation Advisory Committee shall have the following duties as determined by the Poway City Council: 1. Submit recommendations for parks and recreation matters proposed for consideration by the City Council. 2. Identify areas of the City where new parks or recreation facilities and programs may be required. 3. Review existing programs. 4. Review existing facilities and recommend future park improvements. 5. Recommend priorities for park and recreation facilities and programs for budget consideration. 6. Identify sources of funding for facility and program improvement. 7. Encourage citizen involvement. 8. Undertake special projects as desired by the City Council. Section III. 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. The term of membership shall correspond to the term of the Councilmember who nominated the Committee member. Exhibit A Resolution No. 13 -005 Page 4 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 IV. Votinq Each non - disqualified Committee member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the members present and qualified to participate in the decision provided a quorum of three is present and voting. A. Committee member is "disqualified" from participating in making a decision or in any way attempting to use his or her official position to influence a decision of the Committee if the Committee member knows or has reason to know that he or she has a financial interest in the decision. A "financial interest" is described in the California Political Reform Act (found at sections 87100 et seq. of the California Government Code). Section V. Termination of Membership If a member misses more than three (3) consecutive meetings of the Committee without prior notification to the Community Services Department, such member shall be considered to have resigned from the Committee. In addition, 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 A. Regular meetings of the Committee shall be scheduled at least quarterly, at a time and place agreed to by the Committee and convenient for the public in order to encourage community involvement. No meetings shall be scheduled in the month of December, immediately following the election of City Councilmembers. B. Special meetings may be called at any time by the Chairperson or three (3) or more members. Notification to the public and press must be made in accordance with applicable state laws. Section VII. Ethics/ Conflict of Interest 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 Exhibit A Resolution No. 13 -005 Page 5 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 Since Committee members can be reimbursed 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. Section VIII. Officers A. The officers of the Committee shall be Chairperson and Vice Chairperson. The City Manager or person designated by the City Manager, as an ex- officio member of the Committee, shall serve as Secretary to the Committee. Other officers may be appointed as necessary to carry out the work of the Committee. B. At the first meeting of the Committee, and at the first meeting in each calendar year thereafter, the members of the Committee shall elect a Chairperson and a Vice Chairperson from among its members. C. The Chairperson and Vice Chairperson shall serve for a term of one year and until the successor of each takes office. Section IX. Duties of Officers A. Duties of the Chairperson: The Chairperson shall preside at all meetings of the Committee and provide instructions to all ad hoc committee chairpersons and will attend appropriate meetings of the City Council. In his /her absence, the Vice Chairperson will attend and make appropriate reports to the Committee at their next regular meeting. B. _Duties of the Vice Chairperson: In the absence or disqualification of the Chairperson, the Vice Chairperson shall assume all the duties and responsibilities of the Chairperson. C. Duties of the Secretary: The Secretary shall keep or cause to keep a book of minutes of all meetings of the Committee. The Secretary shall prepare agendas and shall give notice of regular and special meetings of the Committee. Exhibit A Resolution No. 13 -005 Page 6 Section X. Ad Hoc Committees The Committee may create such ad hoc committees as the business of the Committee may require in order to carry out those duties set forth in Section II, above, each of which shall exist for such period and have such authority and perform such duties as the Committee may from time to time determine. Section XI. Compensation Members of the Parks and Recreation Advisory Committee shall serve without compensation. However, members shall be reimbursed for expenses reasonably and actually incurred in carrying out the duties of the Committee as approved by the City Council. Section XII. Amendment of Bylaws These bylaws shall be reviewed every two years and may be amended at any time at any regular or special meeting. Amendments shall become effective upon approval by the City Council. Section XIII. 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. 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) B. Posting of 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)