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01/10/2012 08 Downtown Yakima Business Improvement District Advisory Board Establishment , 1 V BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT g Item No. For Meeting of January 10, 2012 7.i. e . „ n .+rx� � ITEM TITLE: Ordinance establishing the Downtown Yakima Business Improvement District Advisory Board as a new Board, as required by the Ordinance that recently re- established the Downtown Yakima Business Improvement District. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT - Jeff Cutter /575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City Council recently re- established the Downtown Yakima Business Improvement District (DYBID) to provide special safety, maintenance and beautification services on behalf of the business owners and operators that will be assessed for those services within the District. One of the conditions of re- establishment was the creation of an Advisory Board, made up of seven assessed business owners and operators within the DYBID. The Board will provide direct input concerning the operation and services provided within the District by the entity providing said services. The Advisory Board will initially be appointed to staggered terms by the City Council from applications from interested business owners and operators within the District. Once the initial appointment has been made, the Board membership shall be decided by the Board and the assessment paying business owners and operators within the District. There are to be seven Board members, with four members chosen from the higher assessment area and three members chosen from the lower assessment area. The Board shall otherwise be appointed in accord with the provisions of the attached Ordinance and shall serve as set forth therein. The Advisory Board shall provide a direct path of communication between the assessed business owners and operators and the City Council, providing information and comment regarding the services provided within the District, as well as making requests for changes to the services provided in order that the assessed business owners and operators be afforded a part in the direction and evaluation of the services within the District. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the Ordinance in accord with the conditions of the DYBID BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ DYBID advisory board Ordinance ORDINANCE NO. 2012 - AN ORDINANCE concerning Administration, establishing a new Chapter in the Yakima Municipal Code providing for the formation of a Downtown Yakima Business Improvement District Advisory Board and defining the membership, authority, obligations and responsibilities of said Board; and adding Chapter 1.33 to the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.33 is added to the Yakima Municipal Code as a new Chapter, to provide as follows: Chapter 1.33 Downtown Yakima Business Improvement District (DYBID) Advisory Board Sections: 1.33.010 DYBID Advisory Board created. 1.33.020 Appointment and term of members. 1.33.030 Appointment of the chairperson, vice - chairperson, and secretary. 1.33.040 Meetings — Removal of members. • 1.33.050 Duties. 1.33.010 DYBID Advisory Board created. A DYBID Advisory Board is created as an advisory body to make recommendations to the city council on issues affecting the operation of the DYBID formed by city council through Ordinance 2011 -58. The Advisory Board shall provide a direct line of communication between the assessed participants of the DYBID and the city council and shall generally provide the council with reports of the sufficiency of the services provided through the District, complaints or observations from assessed members of the District and requests for consideration of modifications to the District to meet the intended and expressed goals described in the ordinance establishing the DYBID. 1.33.020 Appointment and term of members. A. The DYBID Advisory Board shall consist of seven members selected from among the assessed business owners and operators within the DYBID by the District's assessed business owners and operators. To facilitate selection of the initial DYBID Advisory Board the city council shall accept applications from business owners and operators assessed by the DYBID who wish to serve on the Board and shall appoint seven Board members from among the applicants. The Board representation shall be comprised of four members appointed from the Zone 1 DYBID assessment area and three members appointed from the Zone 2 DYBID assessment area. This ratio of representative Board members shall be maintained in all subsequent elections to Advisory Board positions. Following the initial appointments by the city council the Board shall conduct all subsequent application and election processes on behalf of the District, in a manner consistent with this Chapter and as decided upon by the Board. The specific application and election process shall be described in the Advisory Board By -Laws the Board establishes. 1 B. All Advisory Board members must represent business owners and operators assessed by the DYBID and shall reflect the diversity of population of the city of Yakima, including its racial, sexual, ethnic, cultural, educational and work force segments as well as other aspects of the community. C. Each Advisory Board member shall serve a three year term and shall be eligible for re- election, with a limit of three consecutive terms served by any individual member; provided, the Board members initially appointed by the city council shall serve terms as follows: two Board members shall be appointed from Zone 1 for one -year terms, two Board members shall be appointed from Zone 1 for two -year terms and three Board members shall be selected from Zone 2 for three -year terms. Any mid -term vacancy shall be filled for the unexpired term in the same manner as established for the general Board election process and in accord with the terms of this Chapter. Any vacancy shall be filled by election of an applicant from the same Zone from which the vacating Board member had been selected. 1.33.030 Appointment of the chairperson, vice - chairperson, and secretary. A. Upon the first meeting of the Advisory Board following initial appointment and thereafter annually at the first meeting of the Advisory Board after January 1st of each year, the members of the Board shall appoint one of their number as the chairperson, one as vice - chairperson, and one as secretary, which persons shall hold office for one year and until their successors are appointed. Board members appointed to the positions identified in this section may be re- appointed for up to three consecutive terms to the same position. 1.33.040 Meetings — Removal of members. A. The Advisory Board shall hold a regular meeting at least once every three months (quarterly). The meetings shall be open to the assessed participants of the DYBID as well as the general public. If a member of the Board does not attend two consecutive regular meetings, unless excused by vote of the Board, his or her membership shall automatically terminate and a replacement member shall be chosen in accord with the provisions of this Chapter. Special meetings may be called at any time by the chairperson, vice - chairperson or by three Board members requesting a special meeting. Minutes of each meeting shall be kept by the secretary and sent to the city manager and city council. B. Any member of the Board may be removed from the Board by a vote of the majority of the Advisory Board members. Any resultant vacancy shall be filled for the remainder of the term assigned to the vacated position in accord with the provisions of this Chapter. 1.33.050 Duties. The DYBID Advisory Board shall: A. Hold a Board meeting within one month of the appointment of the initial Board members, during which the positions identified in section 1.33.030 shall be decided, and during which the Board members, shall prepare a set of By -Laws to provide for the orderly conduct of the meetings and business of the Advisory Board, establishing the specific means by which the objectives and requirements of this Chapter shall be met and generally establishing the operational framework of the Advisory Board. B. Meet together as a Board, making provision for DYBID assessed business owners and operators that choose to attend said meetings to be present and permitted a reasonable opportunity to participate therein. The Board shall consider and discuss input from the assessed business owners and operators within the DYBID, the quality and sufficiency of the services provided by the entity or entities contracting with the City for the services described in the DYBID establishing ordinance, and generally how the District might better meet the desires 2 of those assessed for the services provided. The Advisory Board shall be expected to communicate the reports, requests and recommendations generated as a result of the regular Board meetings to the city council on an ongoing basis. C. Appear before the City Council on a quarterly basis at a time set by cooperation of the Board chairperson and the Yakima City Clerk, at which time the Board representative shall present any reports, concerns or requests that the Board would like the city council to consider on behalf of the DYBID. No less than annually the Board shall submit a written advisory report to the city council that comprehensively describes the prior year's service performance and how well expectations consistent with the Scope of Services identified in the DYBID establishing ordinance have been accomplished. The annual report will also include all recommendations of the Board regarding the continuing operation of the District. D. Consider unresolved complaints and disagreements between assessed business owners and operators and those providing services on behalf of the DYBID and advise the city council of issues requiring attention. E. Perform such other duties as the Board deems appropriate to fulfill the duties and purposes set forth in this Chapter on behalf of the District. Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 10 day of January, 2012. ATTEST: Mayor City Clerk Publication Date: Effective Date. 3