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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. Item 8.f. - Page 7 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. Item 8.f. - Page 8 RESOLUTION NO. PAGE& 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. Item 8.f. - Page 9 Attachment 2 Item 8.f. - Page 10 Item 8.f. - Page 11 Item 8.f. - Page 12 Item 8.f. - Page 13 Attachment 3 Item 8.f. - Page 14 Item 8.f. - Page 15 Item 8.f. - Page 16 Item 8.f. - Page 17 Item 8.f. - Page 18 Item 8.f. - Page 19 Attachment 4 Item 8.f. - Page 20 Item 8.f. - Page 21 Item 8.f. - Page 22 Item 8.f. - Page 23 Item 8.f. - Page 24 Item 8.f. - Page 25 Item 8.f. - Page 26