R 5308 RESOLUTION NO. 5308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD BYLAWS
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 established the AGTBID, and as adopted by
Resolution No. 4535, provides 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 City Council now desires to amend Resolution No. 4835 and also the
AGTBID Advisory Board Bylaws to replace the monthly regular meetings with at least
quarterly meetings established according to a schedule approved by the Advisory
Board; and
WHEREAS, the City Council now desires to amend Resolution No. 4516, 4535 and
4835 so that the AGTBID Advisory Board consists of five (5) members who are
appointed by each City Council member and approved by a majority of Council
members, with a preference that three of the five Board members be owners of lodging
businesses in the AGTBID or persons with knowledge of the tourism or lodging industry,
and whose term would coincide with the appointing Council member;
WHEREAS, the City Council desires to make further changes to certain administrative
provisions of the Advisory Board Bylaws as depicted in Exhibit A.
RESOLUTION NO. 5308
PAGE 2
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.
4. Approving changes to the Bylaws of the AGTBID is not subject to the California
Environmental Quality Act ("CEQA") because it has no potential to result in either a
direct, or reasonably foreseeable indirect, physical change in the environment.
Moreover, the action merely constitutes an administrative activity of the City and is
additionally exempt from CEQA on that basis. (State CEQA Guidelines, §§ 15060, subd.
(b)(2)-(3), 15378.).
On motion of Council Member Barneich, seconded by Council Member George, and by the
following roll call vote, to wit:
AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 25th day of July, 2023.
RESOLUTION NO. 5
PAGE 3
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CAREN RAY RUSSO MAYOR
ATTEST:
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JESSICA MA ON, CI LERK
APPROVED AS TO CONTENT:
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WHITNEY «.ONALD, " ITY MANAGER
APPROVED AS TO FORM:
IS C ROSEN, CITY ATTORNEY
RESOLUTION NO. 5308
PAGE 4
EXHIBIT A
ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD G't-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 five (5) members, with a preference that at least three
(3) members shall be owners of lodging businesses within the AGTBID, or others
with knowledge of tourism and/or the lodging industry. The Mayor and each
Council Member shall appoint one representative to the AGTBID Board, subject
to approval by a majority of the Council.
Membership on the Board shall be exempt from City residency requirements
otherwise applicable to other City advisory bodies. 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.
Those seeking appointment to the Board must submit an application to the City
Clerk's Office. Those Board members whose terms have expired must submit a
new application (terms are not automatically renewed), and the City Clerk will
notify said Board members with a letter and new application form. Applications
shall remain valid and on file for one year.
All appointees to the Board are also subject to the City's Ethics Policy and
training requirements.
Section 3: Term
-IVlembers of the Board shall serve fora term ending the January 31st following
the expiration of the term of their appointing Mayor or Council Member, as
applicable, unless re-appointed.
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.
RESOLUTION NO. 5308
PAGE 5
Section 6: Removal of Members
Members of the Board may be removed prior to expiration of their term by a
majority vote of the 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.
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 at least quarterly according to
a schedule established by the Board at the beginning of the calendar
RESOLUTION NO. 5308
PAGE 6
year 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 posted
on the City's website and delivered by mail or email to Board
members, 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.
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 Rearesentation
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. A designee of the City of Arroyo Grande City Manager 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.
OFFICIAL CERTIFICATION
I, SARAH LANSBURGH, Deputy 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. 5308 was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 25th day of July, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of
July, 2023.
SARAH LAN5,10/AsitaiEt
GH, TY CITY CLERK