R 4535 RESOLUTION NO. 4535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING AND ADOPTING
BYLAWS FOR THE ARROYO GRANDE TOURISM
BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD
WHEREAS, on February 26, 2013, the City Council adopted Resolution No. 4516
establishing the Arroyo Grande Tourism Business Improvement District Advisory Board
("Advisory Board"); and
WHEREAS, the purpose of the Advisory Board is to consult with and advise the City
Council on those matters dealing with the method and basis of levying assessments
within the Arroyo Grande Tourism Business Improvement District; expenditures of
revenues derived from such assessments; and programs, services, improvements, and
activities intended to promote lodging establishments within the District; and
WHEREAS, the City Council may, by resolution, adopt bylaws governing the
membership and operations of the Advisory Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. The recitals set forth herein are true and correct.
2. The City Council hereby adopts Bylaws for the Advisory Board attached hereto
as Exhibit A and incorporated herein by this reference.
On motion by Council Member Guthrie, seconded by Council Member Brown, and on
the following roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Ray
The foregoing Resolution was passed and adopted this 9th day of July 2013.
RESOLUTION NO. 4535
PAGE 2
TONY F y'=9 • , MAYOR
ATTEST:
�/ KELLY9QETMO 6ITY CLERK e��i
APPROVED AS TO CONTENT:
S�DAMS, CITY MANAGER CITY MANAGER
APPROVED AS TO FORM:
za, IL--
TIM HY J. CEL, CITY ATTORNEY
RESOLUTION NO. 4535
PAGE 3
EXHIBIT A
ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD BY-LAWS
Section 1: Purpose
The Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board
(Board) advises the City Council in the administration and use of the assessment funds.
The Board recommends projects to the City of Arroyo Grande to promote tourism to
directly benefit the City's lodging industry.
Section 2: Membership
Board members shall be appointed by the City Council. The total membership of the
Board shall consist of a minimum of three (3) but not more than seven (7) members,
2/3rds of which shall be owners of lodging businesses and/or appointed representatives
of the owners of lodging businesses from within the AGTBID.
Membership on the Board shall be exempt from City residency requirements otherwise
applicable to other City Advisory Boards. Criteria and selection for membership shall not
discriminate based upon sex, race, religion, creed, color, age, national or ethnic origin,
or any other classification protected by law.
Section 3: Term
Board members shall be appointed for four (4) years.
Section 4: Remuneration
The Board shall serve without compensation.
Section 5: Termination of Membership
Membership in the Board shall terminate in the event that the member is no longer an
owner of a lodging business or an appointed representative of an owner of a lodging
business within the AGTBID.
Section 6: Removal of Members
A member may be removed by a majority vote of the City Council.
Section 7: Resignation
Any Board Member may resign at any time by giving written notice to the Chairperson,
who shall forward such notice to the Board. Any such resignation will take effect upon
receipt by the Chairperson or upon any date specified therein. The acceptance of such
resignation shall not be necessary to make it effective.
RESOLUTION NO. 4535
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Section 8: Filling of Vacancies
In the event of a vacancy on the Board, the City Council shall appoint an individual to fill
such vacancy as soon as reasonably practicable. New members must meet the
membership qualifications.
Section 9: Functions and Duties
The functions and duties of the Board shall include, but not be limited to, the following:
a. To study, investigate and determine the need for the Arroyo Grande Tourism
Business Improvement District on an annual basis.
b. To advise the City Council regarding the expenditure of assessment funds on
an annual and ongoing basis.
c. To prepare and file the annual report as described in Streets and Highways
Code Section 36533. Such report shall be submitted to the City Council no
later than April 30 of each year.
d. To study, investigate and make proposals regarding the need for any
changes to the Arroyo Grande Tourism Business Improvement District on an
annual basis be included in the annual report.
e. To perform any other functions as directed by the City Council from time to
time.
Section 10: Officers
a. At the first regular meeting of the Board wherein newly appointed Members
are seated, the Members shall elect a Chairperson and Vice Chairperson who
shall hold office for a period of one year.
b. The Chairperson shall preside over all meetings of the Board, and otherwise
perform such duties as directed by the Board or Council. The Chairperson
may sign documents necessary to carry out the business of the Board.
c. The Vice Chairperson shall serve in the absence or incapacity of the
Chairperson.
Section 11: Meetings
a. Regular Board meetings shall be held quarterly, on the 4th Monday of the
month at 3:30 p.m. in July, October, January, and April, at a location
accessible to the public, in Arroyo Grande, California.
b. Special meetings may be called at any time by the Chairperson or by a
majority of the Board.
c. A notice, agenda and other necessary documents shall be delivered to the
lodging members, personally, by mail or by e-mail, at least seventy-two (72)
hours prior for a regular meeting and 24 hours prior for a special meeting.
d. The meetings shall be open to the public.
e. A quorum shall consist of a majority of the Board Members then serving on
the TBID Board.
f. All actions of the TBID Board shall be by a majority vote or consensus and
shall be directed through the Chairperson.
RESOLUTION NO. 4535
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g. Minutes of each meeting shall be taken, shall be available as a public record
and forwarded to the Council if needed.
Section 12: Staff Representation
a. The City of Arroyo Grande City Manager, or the designee of the City Manager,
shall be responsible for preparing agendas and reports pertaining to
Committee business and shall attend the Board meeting.
b. The Arroyo Grande Chamber of Commerce Executive Director will prepare
and maintain accurate minutes of the official activities of the Committee.
Section 13: Amendments
All amendments to the Bylaws shall be approved by the City Council.
I
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4535 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City CounciVSuccessor Agency to the
Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande
on the 9th day of July 2013.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th
day of July 2013.
/7 Ai; A �
%-et KELLY TMORE, CITY CL K