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R 4516RESOLUTION OF OF TOURISM OF ARROYO ESTABLISHING THE ARROYO GRANDE IMPROVEMENT ADVISORY B• • D WHEREAS, the City Council of the City of Arroyo Grande intends to adopt Resolution No. 4515 entitled "A Resolution of the City Council of the City of Arroyo Grande Declaring its Intention to Establish the Arroyo Grande Tourism Business Improvement District, Declaring Its Intention to Levy an Assessment on Lodging Businesses Within Such District, and Fixing the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice Thereof" in order to initiate the process of creating a tourism business improvement district in accordance with the authority and procedures contained in Streets and Highways Code Sections 36500 et seq. ; and WHEREAS, Streets and Highways Code Section 36530 provides that the City Council shall appoint an advisory board for the business improvement district, which shall make a recommendation 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; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande as follow: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Arroyo Grande Tourism Business Improvement District Advisory Board ( "AGTBID Advisory Board ") is hereby created pursuant to Streets and Highways Code Section 36530 to make recommendations and reports to the City Council as provided by law. 3. The City Council shall appoint the AGTBID Advisory Board, which 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 Arroyo Grande Tourism Business Improvement District. 4. The AGTBID Advisory Board shall exist for the duration of the existence of the Arroyo Grande Tourism Business Improvement District. If the Arroyo Grande Tourism Business Improvement District is disestablished for any reason, the AGTBID Advisory Board shall also be dissolved unless the City Council directs otherwise. 5. The AGTBID Advisory Board shall serve without compensation. RESOLUTION NO. PAGE 2 6. The AGTBID Advisory Board shall meet no less than quarterly. It shall submit an annual report to the City Council pursuant to Section 36533 of the Streets and Highways Code, which shall detail expenditures for the prior year and include a budget for operations and identification of marketing efforts and other activities to be undertaken by the Arroyo Grande Tourism Business Improvement District for the ensuing fiscal year. 7. The AGTBID Advisory Board shall have the following duties: 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 March 31 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; and e. To perform any other functions as directed by the City Council fro time to time. 8. This Resolution shall be deemed effective upon its adoption. On motion of Council Member Ray, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Ray, Guthrie, Brown, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 26th day of February 2013. RESOLUTION NO. 451 ta PAGE 3 TONY F A, MAYOR FIN i0:6-1 • ' ' - :D AMS, CITY MANAGER TIM Y J. CA EL, CITY ATTORNEY I, KELLY W TMOR , 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. 4516 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 26th day of February, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of February 2013. P/" /�XA KELLY W&I R, CITY CLERK