CC 2021-04-27_08f Resolution Amending AGTBID Bylaws
MEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY McDONALD, CITY MANAGER
BY: JESSICA MATSON, LEGISLATIVE AND INFORMATION SERVICES
DIRECTOR/CITY CLERK
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION TO AMEND THE
ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD BY-LAWS RELATED TO THE MEETING
SCHEDULE
DATE: APRIL 27, 2021
SUMMARY OF ACTION:
The proposed Resolution would replace the Arroyo Grande Business Improvement
District (AGTBID) Advisory Board’s monthly meetings with six meetings per year in the
months of January, February, April, June, August, and October, plus special meetings as
needed.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Converting from monthly meetings to six meetings per year will decrease personnel time.
RECOMMENDATION:
The AGTBID Advisory Board recommends the City Council adopt a Resolution amending
the AGTBID Advisory Board By-Laws substituting the regular monthly meetings for six
meetings per year in the months of January, February, April, June, August, and October.
BACKGROUND:
As part of the requirements for creation of the Arroyo Grande Tourism Business
Improvement District (AGTBID), Streets and Highways Code Section 36530 required the
appointment of an advisory board. Accordingly, Section 3.36.100 of the Arroyo Grande
Municipal Code provides for the appointment of an advisory board for the AGTBID.
Consistent with this requirement, the City Council adopted Resolution 4516 to establish
the Tourism Business Improvement District Advisory Board (AGTBID Advisory Board).
The AGTBID Advisory Board 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 AGTBID.
In 2013, the City Council adopted Resolution 4535 establishing Board Bylaws for the
AGTBID Advisory Board which governs the membership and operations of the Advisory
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION TO AMEND THE ARROYO
GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD BY-
LAWS RELATED TO THE MEETING SCHEDULE
APRIL 27, 2021
PAGE 2
Board. Regular Board meetings were to be held quarterly on the 4th Monday of the month
at 3:30 p.m. in July, October, January, and April with the option of special meetings to be
called at any time by the Chairperson or by a majority of the Board.
In 2018, City Council adopted Resolution 4835 amending the AGTBID Board Bylaws
expanding membership criteria and replacing the quarterly regular meeting schedule with
regular monthly meetings while there was an absence of a marketing firm.
ANALYSIS OF ISSUES:
The current Bylaws provide that regular Board meetings shall be held monthly. The
monthly meetings for the AGTBID were necessary in early 2018 when the AGTBID Board
was in the process of hiring a marketing firm. After Verdin Marketing was retained, there
continued to be a need for frequent discussions about the rebrand of Visit Arroyo Grande,
the formulation of a strategic plan, creation of assets, development of a new logo and
website, and the launch of seasonal campaigns. Now that a strategic plan is in place and
all initial tasks have been implemented, the AGTBID Board can meet less frequently with
a solid marketing plan in place that directs the promotion of Visit Arroyo Grande.
A less frequent meeting schedule may also entice more lodging property representatives
to join the AGTBID Board since there will be less of a time commitment for meetings.
May, November, and December meetings have traditionally been cancelled as they fall
on or near holidays.
The AGTBID Advisory Board recommends changing the Advisory Board meeting
schedule to six meetings a year in the months of January, February, April, June, August,
and October, plus the ability to call special meetings as necessary.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the resolution;
2. Do not adopt the resolution; or
3. Provide staff other direction.
ADVANTAGES:
Fewer meetings will decrease staff time and may entice more lodging property
representatives to join the AGTBID Advisory Board.
DISADVANTAGES:
No disadvantages are identified. Special meetings may be called as necessary if there
are time sensitive items for the Board to discuss.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION TO AMEND THE ARROYO
GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD BY-
LAWS RELATED TO THE MEETING SCHEDULE
APRIL 27, 2021
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution
2. Resolution No. 4516 (Establishing the Arroyo Grande TBID Advisory Board)
3. Resolution No. 4535 (2013 TBID Bylaws)
4. Resolution No. 4835 (Current TBID Bylaws)
Item 8.f. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD BY-LAWS REGARDING THE ADVISORY BOARD
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 No. 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 AGTBID; and
WHEREAS, Resolution No. 4516 and a related Bylaw for the AGTBID Advisory Board,
as adopted by Resolution No. 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 AGTBID; and
WHEREAS, Resolution No. 4835 amended Resolution No. 4516 and the AGTBID
Advisory Board Bylaws providing that the AGTBID Advisory Board can consist of up to
nine (9) members, and allowing others with knowledge of tourism and/or the lodging
industry to serve on the AGTBID Advisory Board; and
WHEREAS, Resolution No. 4835 amended the AGTBID Advisory Board Bylaws to
replace the quarterly regular meeting schedule with monthly regular meetings; and
WHEREAS, the AGTBID Advisory Board recommends a change to six meetings per
year with the ability to call special meetings; and
WHEREAS, the City Council now desires to amend Resolution No. 4835 and also the
AGTBID Advisory Board Bylaws to replace the monthly regular meetings with six
meetings per year in the months of January, February, April, June, August, and October.
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, correct and incorporated herein by this
reference.
2. The Bylaws for the AGTBID Advisory Board are hereby amended in their entirety
as set forth in Exhibit A which is attached hereto and incorporated herein by this
reference.
3. This Resolution shall be deemed effective upon its adoption.
Attachment 1
Item 8.f. - Page 4
RESOLUTION NO.
PAGE 2
On motion by Council Member ______, seconded by Council Member _____, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 27th day of April 2021.
Item 8.f. - Page 5
RESOLUTION NO.
PAGE 3
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 6
RESOLUTION NO.
PAGE4
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.
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RESOLUTION NO.
PAGES
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 six times a year in the months of
January, February, April, June, August, and October, 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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RESOLUTION NO.
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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 South County Chambers of Commerce Executive Director will prepare
and maintain accurate minutes of the official activities of the Board.
Section 13: Amendments
All amendments to the Bylaws shall be approved by the City Council.
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