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RES-2024-058RESOLUTION NO.2024- 0 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING THE ANAHEIM TOURISM IMPROVEMENT DISTRICT ADVISORY BOARD WHEREAS, on July 27, 2010, the City Council ("City Council") of the City of Anaheim ("City") adopted City Ordinance No. 6174 ("Enabling Ordinance"), amending Title 2 of the City Municipal Code to add Chapter 2.14, Sections 2.14.010 et seq., relating to the establishment of certain procedural and substantive requirements relating to the formation of tourism improvement districts and the assessment on businesses within such districts to aid in the promotion of tourism and physical and other improvements and activities within local tourism improvement districts; and WHEREAS, Chapter 2.14 Section 150 of the City Municipal Code provides that the City Council may create an advisory board for the purpose of making certain recommendations to the City Council; and WHEREAS, pursuant to Chapter 2.14 Section 150 of the City Municipal Code, the City Council now wishes to establish the Anaheim Tourism Improvement District Advisory Board ("Advisory Board") for the purpose of making recommendations to the City Council either directly or through and the Contracting Entity or ATID Transportation Committee regarding the expenditure of revenues derived from the levy of assessments pursuant to Chapter 2.14, the classification of businesses as applicable, and the method and basis of levying the assessments; and WHEREAS, the role of the Advisory Board shall be separate from the role of the Contracting Entity, and the Advisory Board shall not fulfill any role assigned by Chapter 2.14 or by agreement to the Contracting Entity, and shall be limited to making recommendations; and WHEREAS, the Advisory Board shall operate pursuant to the Anaheim Tourism Improvement District Advisory Board Bylaws ("Bylaws"), attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, the City Council of the City of Anaheim hereby resolve as follows: Section 1. The above recitals are all true and correct. Section 2. Declaration of Intention. The City Council of the City of Anaheim hereby: (a) Establishes the Anaheim Tourism Improvement District Advisory Board; (b) Approves the Anaheim Tourism Improvement District Advisory Board Bylaws, attached hereto and incorporated herein as Exhibit A; (c) Directs staff to coordinate with the Contracting Entity as set forth in the Bylaws to obtain recommendations for the hotel owner representative Advisory Board member positions for consideration by the City Council. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18 day of June , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Leon, Rubalcava, Faessel and Meeks NOES: Council Member Diaz ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF TH ITY OF ANAHEIM ATTEST: �1 //4ITY 'L ..RK OF THE CITY OF ANAHEIM EXHIBIT A (attached behind this page) ANAHEIM TOURISM IMPROVEMENT DISTRICT ADVISORY BOARD BYLAWS. 1.010 Establishment and Purpose of the Advisory Board. The Anaheim Tourism Improvement District Advisory Board ("Advisory Board") is hereby established pursuant to Ordinance No. 6174, Chapter 2.14 Section 150 of the Anaheim Municipal Code. Consistent with Section 2.14.150.010, the purpose of the Advisory Board is to "make recommendations to the City Council regarding the expenditure of revenues derived from the levy of assessments pursuant to [Chapter 2.14], the classification of businesses, as applicable, and the method and basis of levying the assessments." The role of the Advisory Board is separate from the role of the Contracting Entity and the Advisory Board shall not fulfill any role assigned by Chapter 2.14 or by agreement to the Contracting Entity. The role of the Advisory Board is limited to making recommendations to the City Council either directly or through recommendations to the Contracting Entity or the ATID Transportation Committee as part of preparation of the ATID annual reports. 1.020 Membership. The Advisory Board shall consist of seven (7) members as follows: .0201 One representative from the City Manager's Office. The representative from the City Manager's Office shall be selected and appointed by the City Manager and shall serve at the pleasure of the City Manager. .0202 The following four (4) city and association representatives: (a) City Finance Director; (b) City Audit Manager; (c) City Convention, Sports & Entertainment Director; (d) President/CEO of Contracting Entity or designee. These four Advisory Board positions shall be filled by the current incumbent in the listed positions. .0203 Two (2) representatives from the hotel owners representing hotels operating within the ATID boundary with the two representatives reflecting a diversity of hotel sizes factoring in hotel room count. The two hotel owner representative Advisory Board members shall be recommended by the Contracting Entity and shall be subject to approval by the City Council before assuming office as an Advisory Board member. The two hotel owner representatives shall not be members of the Contracting Entity Board of Directors. The term for the hotel owner's representatives to the Advisory Board is four years subject to Section 1.020.0204. The initial appointments by the City Council may include one hotel representative serving an initial term of two (2) years so that the terms are staggered. .0204 The Advisory Board members appointed pursuant to the authority set forth in subsection 1.020.0203 serve at the pleasure of the City Council and may be removed by action of the City Council. 1.030 Vacancies. Any vacancy occurring during the term of an Advisory Board member appointed pursuant to subsection 1.020.0203 shall be filled through the same process set forth for selection of those Advisory Board members and the person selected shall serve for the remainder of the original term. 1.040 Organization, meetings and procedures. .0401 No later than ninety (90) days after appointment of all the Advisory Board members, a meeting of the Advisory Board shall be held (the "Initial Meeting") to provide the Advisory Board with an overview of the Anaheim Tourism Improvement District and the role of the Advisory Board in relation to making recommendations to the City Council. At the Initial Meeting, the Advisory Board shall elect a Chairperson and Vice -Chairperson. .0402 With the exception of the year in which the Initial Meeting is held, the Advisory Board shall hold regular meetings of the Advisory Board a minimum of four (4) times per year on a quarterly basis. The Advisory Board may also hold special meetings of the Advisory Board at other times pursuant to the requirements for special meetings as set forth in Government Code Section 54956. .0403 All meetings shall be held within the City of Anaheim at a location to be determined by the Anaheim City Manager or the City Manager's designee. .0404 Advisory Board meetings shall comply with the provisions of the Ralph M. Brown Act (Chapter 9 [commencing with Section 54950] of Part I of Division 2 of Title 5 of the Government Code). .0405 Recommendations made as part of an Advisory Board meeting shall be provided to the City Council and as appropriate to the Contracting Entity and the ATID Transportation Committee. .0406 Minutes shall be prepared for each Advisory Board meeting and a copy of the approved meeting minutes shall be provided to the City Council for receipt and file. 1.050 Duties of the Advisory Board. The Advisory Board's role is to make recommendations to the City Council, either directly or through recommendations to the Contracting Entity or the ATID Transportation Committee, regarding the expenditure of revenues derived from the levy of assessments pursuant to AMC Chapter 2.14, classification of businesses, as applicable, and the method and basis of levying the assessments. The role of the Advisory Board is separate from the role of the Contracting Entity and the ATID Transportation Committee, and the Advisory Board shall not fulfill any role assigned by Chapter 2.14 or by agreement to the Contracting Entity. The role of the Advisory Board is limited to making recommendations. 1.060 City Attorney Service to the Adv_isoryBoard. The City Attorney or designee shall provide legal advice to the Advisory Board. 1.070 Stipend '/Compensation. Members of the Advisory Board shall not be compensated or receive a stipend for their service on the Advisory Board. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-058 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 181h day of June, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Leon, Rubalcava, Faessel and Meeks NOES: Council Member Diaz ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July. 2024. C4PRK�OF THE CITY OF ANAHEIM (SEAL)