R 4835 RESOLUTION NO. 4835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE REVISING THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD BY-LAWS REGARDING ADVISORY
BOARD MEMBERSHIP AND MEETING SCHEDULE
WHEREAS, in accordance with the provisions of Streets and Highways Code Section
36530 and Arroyo Grande Municipal Code Section 3.36.100, the City Council of the City
of Arroyo has previously adopted Resolution 4516 to establish a Tourism Business
Improvement District Advisory Board ("AGTBID Advisory Board"), which makes
recommendations to the City Council on the expenditure of revenues derived from the
levy of assessments and on the method and basis of levying the assessments related to
the Arroyo Grande Tourism Business Improvement District; and
WHEREAS, Resolution 4516 and a related Bylaw for the AGTBID Advisory Board, as
adopted by Resolution 4535, provide that the AGTBID Advisory Board consists 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 Arroyo Grande Tourism Business Improvement District; and
WHEREAS, currently, the AGTBID Advisory Board consists of three (3) members, and
in addition there is also a six member Tourism Marketing Committee; and
WHEREAS, the City Council now desires to amend Resolution 4516 and also the
AGTBID Advisory Board Bylaws to provide that the AGTBID Advisory Board can consist
of up to nine (9) members, and expand the language that currently requires that 2/3rds
of the members be owners of lodging businesses and/or appointed representatives of
owners of lodging businesses to include others with knowledge of tourism and/or the
lodging industry; and
WHEREAS, the City Council also desires to amend Resolution 4516 and the AGTBID
Advisory Board By-Laws to replace the quarterly regular meeting schedule with monthly
regular meetings.
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. Resolution 4516 establishing the AGTBID Advisory Board is hereby
amended to read as follows:
"The City Council shall appoint the AGTBID Advisory Board, which shall
consist of a minimum of three (3) but not more than nine (9) members;
2/3rds of which shall be owners of lodging businesses within the AGTBID
or others with knowledge of tourism and/or the lodging industry."
RESOLUTION NO. 4835
PAGE 2
3. Except as amended herein, all other provisions of Resolution 4516 shall
remain in full force and effect.
4. The Bylaws for the AGTBID Advisory Board are hereby amended and
replaced in their entirety as set forth in Exhibit A which is attached hereto
and incorporated by this reference.
5. This Resolution shall be deemed effective upon its adoption.
On motion by Council Member Ray, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Ray, Brown, Barneich, Harmon, and Mayor Hill
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 13th day of February 2018.
RESOLUTION NO. #3s-
PAGE 3
N
JIM H L, MAYOR
ATTEST:
�. .. 1 / 11 .x% '
KELLY � T ORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A AN, CITY MANAGER
APPROVED AS TO FORM:
EATHER WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4835
PAGE 4
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 nine (9) members,
2/3rds of which shall be owners of lodging businesses within the AGTBID or others with
knowledge of tourism and/or the lodging industry.
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
Any member of the Board serving as an owner of a lodging business within the AGTBID
shall be terminated in the event the member is no longer an owner of a lodging
business or someone with knowledge of tourism and/or the lodging industry.
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. 4835
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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 monthly, on the 4th Monday of the
month at 3:30 p.m. 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.
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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.
•
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 the attached
Resolution No. 4835 was passed and adopted at a regular meeting of the City Council-
' of the City of Arroyo Grande on the 13th day of February, 2018. -
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
February, 2018.
Afitittiere-<,
KELLY WE M RE, CITY CLERK