HomeMy WebLinkAboutResolution 2004-123 N.C.S. 07/12/2004 resolution No. 2004-123 N.C.S.
of the Cit of Petaluma California
y
RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA
CONSENTING TO THE INCLUSION OF THE TERRITORY
OF THE CITY OF PETALUMA WITHIN THE PROPOSED
SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
WHEREAS, the Board of Supervisors of the County of Sonoma is, or shortly will be,
considering the adoption of an Ordinance, attached as Exhibit A and made a part of this
resolution, establishing the Sonoma County Tourism Business Improvement Area ("SCTBIA")
in accordance with the Parking and Business Improvement Area Law of 1989 (Streets and
Highways Code Sections 36500, et seq. [the "Law"]); and,
WHEREAS, State Law requires the consent of the Council of City of Petaluma before
the area. of the SCTBIA may include the territorial limits of the City; and,
i
WHEREAS, the Sonoma County Lodging Association has requested that the Council
give its consent to the inclusion of the territory of t11e City within the SCTBIA; and,
WHEREAS, the City Council has considered the request, the attached ordinance, and the ~
comments of the operators of lodging establishments situated within the City and of others to the
request.
NOW, THEREFORE, DE IT RESOLVED by the Petaluma City Council as. follows:
I
1. The above recitals are true and correct and hereby declared to be findings of the
Petaluma City Council
2. That the Council of the City of Petaluma consents to inclusion of the territorial
jurisdiction of the City of Petahuna within a SCTBIA to be established by the ~
Sonoma County Board of Supervisors substantially as set forth in the attached
ordinance. ~
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I .hereby certify the foregoing Resol~rtion was introduced and adopted. by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
on the .........1.2`°i........... day of .......July 20.Q4., by the
following vote:
~ity Attorney
AYES: Mayor Glass, Healy, Vice Mayor Moynihan, Thompson, Torliatt
NOES: O'Brien
ABSENT:. Harris ~
I
ATTEST:
City Clerk Mayor
Council File
Res. Nn....._20.o4.:.L23.........N.C.s.
EXHIBIT A
ORI)Il~TANCE NO.
AN ORDINANCE OF THE BOAItI) OF SUPEI2VISOI2S OF THE COUNTY OF
SONOlVZA, STATE OF CALIFORNIA, ESTABLISHING THE SONOMA
COUNTY TOURISM BUSINESS IMPROVEMENT AREA
The Board of Supervisors of the County of Sonoma, State of California, ordains as
follows:
SECTION I.
(a) Pursuant to the Parking and Business Improvement Area Law of 1989,
Streets and Highways Code sections 36500, et seq. (the "Law"), on [date] this Board
adapted Resolution No. entitled "TITLE," declaring its intention to form a business
improvement area within the boundaries of the County cf Sonoma, to be known as the
"Sonoma County Tourism Business Improvement Area," providing for the levy of an
assessment and charge to be unposed therein, fixing the tune and place for hearing, and
giviz2g notice of the hearing.
(b) Resolution No. was duly published, and copies thereof were mailed, as
provided by tine Law.
(c) As specified in Resolution No. a hearing concerning the formation of the
area was Held on XXXXX, 2003, at [tune] before this -Board in the Board's chambers at
575 Administration Drive, Santa Rosa.
(d) At the hearing, all protests, both written and oral, made or filed, were
considered and duly overruled and denied, and this Board determined that there was no
.majority protest to the forlsiation of the Area within the znea~ing of Section 36523 of the
.Law.
(e) Pursuant to Section 36521.5 of the Law, th.e County of Sonema mavnot
form a business improvement area within. the territorial jurisdiction of a cit<,~ without the
consent of the city council of that city. The. Board has received resolutions providing
such consent from. each of the following cities: [list].
SECTION II.
Chapter 33, pertaining to the creation of the Sonoma County Tourism Business
Improvement Area, is added to the Sonoma County Code tc read as follows:
Resolution No. 2004-123 N.C.S. Page 2
CHAPTER 33. SONOMA COUNTY TOURISM BUSINESS
IMPROVEMENT AREA
Section 33-1 Authority.
This chapter is adopted pursuant to the "Parking and Business Improvement Area
Law of 1989," Sections 36500 et seq. of the California Streets and Highways Code, and
Resolution No. adopted by the Board of Supervisors on DATE. Such resolution was
published and mailed as provided by law, and hearings thereon were held by the Board at
a public hearing on DATE, at which time all persons desiring to be heard, and all
objections or protests made or filed, were fully heard and considered. The Board duly
concluded the hearing on [date], and determined that protests objecting to the formation
of the Area had not been received from, the owners of lodging businesses in the proposed
Area which would pay ~0 percent or more of the Assessments proposed to be levied. The
Board of Supervisors finds that th.e Assessments levied on lodging businesses pursuant to
this Chapter are based upon the estimated benefit to the assessed lodging businesses
within the Area, and that a.ll operators of lodging businesses in the Area against whom
Assessments are proposed to be levied will be benefited by the expenditure of funds
raised by the Assessments.
Section 33-2 Definitions.
Except where the context otherwise requires, as used in this Chapter:
"Administrative Fee" means a fee equal to tl'ie actual costs of collection arld
administration, not to exceed two percent (2%) of the aanount of Assessments collected,
which a Collecting Entity is entitled to retain from the Assessments collected within their
respective territorial j>,lrisdictions.
"Advisory Baard" means the advisory board appointed by the Board ~f
Supervisors pursuant to this Chapter.
"A_rulual Report" means the annual report required by Section 3633 of the Law.
"Area" means the Sonoma County Tourism Business Improvement Area created
by this Chapter and as delineated in Section 33-3.
"Assessment" means the levy imposed by this Chapter for the purpose of funding
activities and programs promoting tourism in the Area.
"Board of Supervisors" means the Board of Supervisors of the County of Sonoma.
Resolution No. 2004-123 N.C.S. Page 3
"City" or "Cities" shall mean, individually or collectively, as the context may
required, the various Cities or Towns of Sonoma County, excluding those Cities and
Towns that have not consented to the imposition of Assessments within. their- territorial
jurisdiction.
"City Co~.zncil" means a city council of a City.
"Collecting Entity" means (1) for Lodging establishments located within the
territorial jurisdiction of a City that has entered into an. administrative agreement with the
County pursuant to Section 33-6, the City in which the Lodging establishment is located;
and (2) for all ather° Lodging establishments, .the Sonoma County Tax Coh.ector.
"Contractor" means anon-profit or for-profit entit~~ with which the County of
Sonoma contracts to carry out the services, activities, and programs to be funded by
revent;;.es from Assessments.
"Count<~" means the County of Sonoma.
"Lodging" means any accommodation consisting of.one (1) or more rooms or
other living spaces which are occupied or intended or designed for occupancy by
Transients for dwelling, lodging, or sleeping purposes. Such term includes any hotel, inn,
tourist riorne or house, motel, studio hotel,. bachelor hotel, lodging house, rooming house,
apartment house, dormitory, public or private club, recreational vehicle park, or public or
private campground. The teen "Lodging" does not include an organized .camp, as that
terra is defined in Section 18897 of the Health and Safety Ccde, or any establishment
operated by a public or non-profit entity exclusively for the purpose of providing
temporary shelter for the homeless.
"Marketing Activities" means activities designed to market the Area. as a tourist
destination, including the expenditLUe of funds to place advertising in any media, conduct
public relations campaigns, perform marketing research, promote conventions and trade
. shows, arld foster improved contacts within the travel industry, for the purpose'of
prorrroting tourism within the Area.
``Occupancy" means the use or possession, or the right to the use or possession, of
any one or more rooms or portion thereof, or other living space, in any Lodging for
dwelling, lodging, or sleeping purposes.
"Operator" means the person who is the proprietor of the Lodging, whether in the
capacity of an owner, lessee, sublessee, mortgagee in possession, licensee, or other
capacity. When the operator performs his or her functions through a managing agent of
a.ny type or character other than an employee, the managing agent shall also be deemed
an operator for the.purposes of this article, and shall have the same duties and liabilities
Resolution No. 2004-123 N.C.S. Page 4
as his or her principal. Compliance with the provisions of this article by either the
principal or the managing agent shall, however, be considered compliance by both.
"Parking and Business Improvement Area Law of 1989" or "Law" means the
provisions of California Streets and Highways Code Sections 36500 to 3651, as they
now exist or are hereafter amended.
"Person" means an individual, fine, partnership, joinf, venhu•e, association,. social
club, fraternal organization, joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a Lmit, or any
public agency.
"Rent" means the consideration charged, ~=hether or not received, for the
occupancy of a space in a Lodging valued in money, whether to be received in money,
goods, labor, or otherwise, iLcluding.all receipts, cash.; credits, property, and services of
any bind or nature, without deduc±ion therefrom whatsoever.
"Room or other living space" means a room or ally portion of any room in any
Lodging; any tent. cabin or any space designated for location of a mobile home or house
trailer, tent trailer, recreational. vehicle, teat, or other movable living space.
"Sonoma County Tourism Bus°eau" or "SCTB" means the Sonoma County
Tourism Bureau, Inc., a California nonprofit mutual benefit corparation.
"Sonoma County Tourism Business Improvement Area" means that area created
by this Chapter as a business impro~~ement area pursuant to the Parking and Business
Improvement Area. Law of 1989.
"Sonoma County Tourism Business Improvement Area Fund" or "Fund" means
the fund created pursuant to Section 33-7 ~f this Chapter.
"Tax Collector" means the Sonoma County Tax Collector. -
"Transient" means an~~ person who exercises occupancy or who is entitled to
occupancy by .reason of concession, permit, right of access, license, or other agreement
far a period of thirty (30) consecutive calendar days or less, counting portions of calendar
days as full days.. Any such person so occupying space in a Lodging shall. be deemed to
be a Transient until the period of thirty (30) days has expired unless tl-iere is an agreement
in writing between the operator and the occupant providing for a longer period of
occupancy.
Resolution No. 2004-] 23 N.C.S. Page 5
Section 33-3 Area Established -Description.
Pursuant to the Parith~g and ;Business Improvement Area Law of 1989, a parking
and business improve<ner~t area.is hereby established, to be known as the "Sonoma
County Tourism Business Iinpr~~verr.~e.~t Area." The boundaries of the Area are the same
as the boundaries of the Coiuil-y of Sonoma, but the Area does not include the territory of
any incorporated city in Sonoma Couray that has not consented to the formation of the
Area within its ten-itrrial jurisdiction.
Section 33-~ Authorized ~1ses.
The purpose, of forming the Area as a business improvement area Colder the Law is
to provide revenue to defray the costs of services, activities, and programs that promote
and encourage tourism within the 4~reu. which will benefit the Operators of Lodging
establishments payLng Assessaents iii the Area through the promotion of the scenic,
recreational, cult~.~ral, ar~d other attractions in the Area. Revenues from Assessments shall
be used t%~ conduct A,?arketi.~ig Activities designed to increase overnight visits to the Area.
F.evenues ~ ozr assessment:: znay oe used for programs; services, and activities oufside
the Area, if such programs, services, -and activities are designed to promote and
encourage eve-nsight visits to.the Area. Revenues from Assessments inay also ne ased to
pay or reimburse admir~istral:ive costs incurred by the Contractor or County of Sonoma in
connection with the crca*ion of.the 1v:ea and the Sonoma County Tourisr~7 Bureau, the
iransitiov of the curt-ent Count)-operated tourism marketing program to the Corltra.ctor.,
and the ong,;i~1g adt~linistrative costs associated with the Marketing Activities; provider;,
however, that the;uounty's reimbursement for Assessment coJ.lection costs is Lnnited as
provided in Section 33-0. Revenues from Assessments collected in the .Area may not be
used for any putpises other than those set forth above.
~ectio><i 33-~ >`mposition a>idd Collection of Assessments.
(a) Each Operator of a Lodging establishment generating total Runt. during the
preceding: calendar year of greater than Three Hundred Fifty Thousand Dollars
~SC;OCIu) shall pay as an Assessment a sum equal to two percent (2%) of the Rent
charged by the Operator.
(b) Each Operator of a Lodging establislunent subject to assessment under this
Chapter shall, o~.l or before the last day of the month following each calendar quarter, or
at the end of any shorter reporting period that may be established ziy th Tax. Collector,
make a retuni to the Tax Collector, on forms provided by the Tax Collector, of t'-ie total
rents charged by the Operator and the amount of Assessments owed for such calendar
quarter. At the lime the retut-n is filed, the full amount of Assessments owed for sucri
calendar quarter shall be re>,nitted to the Tax Collector. Notwithstanding the foregoing,
Operators of Lodging establishments subject to assessment under. this Chapter located in
Resolution No. 2004-123 N.C.S. Page 6
Cities that: have entered into agreements with the Tax Collector pursuant to Sectior.~ ~3-6
shall report and remit .Assessments as required by the applicable Collecting Entity.
O The Operator of a Lodging establishment subject to assessi~~ent ur..d~r tais
C:lapter shall be solely responsible for paying all Assessments when due:
No?u~ithstanding the foregoing, in the event that the Operator of a Lodging establishment
elects ±o pass on some or all of the Assessment to Transient custorr~ers of the Loelging
• est~lbli,lune:7t, the Operator of the Lodging establishment. shall separately ideut'~ ~ or
itet?~i~e the Assessment on any document provided to a customer. Assc,ssmei~ts le`-led o
i~te CJpFratars of Lodging establishments pursuant to this Ordinance and passed on to
ru.storrlUr_s are not part of a Lodging establishment Operator's rent, gross-receipt:.,, t;r
gross xevenues for purposes of-this Chapter or Chapter 12 of the Sonoma Co4~.nty Code.
Section 33-b Collecting Entities; Administrative Eee; Regist;-aian.
(a) The Tax Collector may enter into agreements wi'i".h any City, under :~%~~ich
the City, s~hail collect the Assessments levied under ibis C?~~apter from Ope.~-L?tors of
lodging located within the territory of the Cit<%.. Such agreerr_ents shall be consiste,~t
with the pravisio.as of this Chapter. Operators of Lodgings subject to assossr~zent under
tllis Chatter located within the territories of any such City sl~al] file, at such times as the
Cc~ll:;ctirAg Entity shall specify, information retunls containing; at a rnini~~um, the amount
of Pant ;:barged and the amount of Assessments owed :For tho.applicable repori:iri~; period,
acid shall reir~it to the Collecting Entity the amount of Assessments owed fai° s~.~ol-i
reporrin~ period.
(]a) Each Collecting Entity (including the Tax Collector) shall be entit]~d to
charge do amount equal. to its actual costs of collection and adminis~u-ation, not to exceed.
t°,vn percent (2%°), of the Assessments collected front Operators of I.,odging
estaLlishznerits to defer the administrative costs incurred by the Collecting Entity for the
operation. of the Area. Notwithstaaiding the foregoing, f~}r the fia~st twe (2) years of the
Area, tll~ twa percent (2%} administrative fee s~iall be charged in fall for extraordinary
enforcement costs and other related. unforeseeable costs. All AssessYr~ents collected by
any Cit;~', less the aforementioned administrative fee; shall be transferred to the Sonoma
Coufity Tax Collector within 3p days follo~Nirg colie~tion of tree A.ssessinent b-y the
applicable City. The Sonoma County Tax Collector will not charge an. administrative fee
for Assessments collected by a. City if to do so would. result in the iirpositioi~ of a total
adrrlinistrative fee of greater than 2°~~.
Each Collecting Entity may require each Operator subject. to assessment
order this Chapter to register with the Collecting Entity and. to provide such infonnaticn
as the Collecting Entity deems necessary to enable tree Collecting Entity to collect
Assessments due under this Chapter.
Resolution No. 2604-123 N.C.S. Page 7
Section 33 7 Special Fund.
A special fund designated as the "Sonoma Count~~ Tourism Business Improvement
Area Fund" is hereby created. The Sonoma Co>`uay T'ax Collector shall place all
Assessments collected or remitted hereunder into tl.~e Fund. The revenue from the levy of
Assessments within the Area shall not be used for any purposes other than those set forth
in Section 33-4 of this Chaptex.
Section 33-8 Deficiencies5 Penalties.
(a) Any Operator s~.~~ject to assessm~ rt under this Chapter who fails to .remit
any assessment imposed by this C'haptFr witr~in the time required shall pay a penally of
ten (10) percent of the air~ount of thv assessment in addition to the amount of the
assessment.
(b) Any Operator subject to assessment under this Chapter who fails to remit
any delinquent remittance on ar before a period of tl".ii-ty days following the date upon
which the remittance first became delinquent shall pay a second delinquency penalty of
ten (10) percent of the amount ~~f the ass;,ssmoni. in addition to the amount of the
assessment and the ten percent. pen.altg-~ first imposed.
(c) If the Sonoma County Ta:~ Collector or applicable Collecting Bntii}~
determines that the nonpayment of any remittance due under this Chapter is due t0 fraud,
a penalty of twenty-five (25) percerit of the amount of the Assessments due shall be
added thereto in a:iditioii to the penalties set forth il~i subsections (a) and (b) of this
section.
(d) In addition to ary penaitiE irr~posed hereunder, any Operator who fails to
reimit any assessrrient imposed by this i
llapter when due shall pay interest at the rate of
one-and-one-half percent (1.5%) per month on tl~e unpaid balance of the assessrrient,
including penalties, froim the date on w'nicll ih:. remittance first b~caime delinquent until
paid.
Section 33-~ I~eterriainatioai of Asse~scne~it t~pun Nonpayment
(a) If a.ny Operator subject to assessment under this Chapter shall fail to make
any report ar remittance of Assessments within the time provided in .this Chapter, tl~e
applicable Collecting Entity shall proceed in the manner it deems best to obtain. facts and
infornation upon which t:o base its estiir~ate ofthe assessment due, and shall thereafter
determine and assess against the Operator the assessment, penalties, and interest due
pursuant to this Chapter. In any case where such determination is made, the Collecting
Entity shall give a notice, of the amounts so assessed by serving it personally or
Resolution No. 2004-] 23 N.C.S. Page 8
depositilxg it ire the united Stares hail, postage prepaid, addressed to the Operator at its
last known place cf address.
(b) Thy Operator lna}~, witlxin ten (10) calendar days after the servilxg or
mailing of such notice, nxake application, in writing to the Collecting Er_tity for a hearing
on the amount ass;:ss~d. Th; application is considered made when mailed. If application
by the Operator for a hear~rig is not made within the time prescribed, the Assessments,
pelxalties, ar~d llxtereSt, if'any; det;,rmined by t1xP Collecting Entity to be dui sh all Y~ecolxle
final and conclusive and. iln~riediately due and payable. If the Operator malres tirxeiy
application for a lxearirg, tiie Collecting Entity shall give not less Than ten (i0) calendar
days' writl:en notice i~~ tl.e Operator as provided herein of the time and date- of the
hearing. At the lxearing, the Operator may appear and offer evidence. as to why the
amolirts specified in the Collecting Entity's deternin.atiolx should. net be fixed.
. (c) After such hearing, the Collecting Entity shall determine the propor
assessment, peral.ties, and interest to be remitted; and shall thereafter give written notice
of same to the Operator, within thil-ty (30) calendar days of the hearvlg. The Collecting
Eritii;J's deterrinaiion shall be presumed to be correct. The amount detenniil~d tore d.:ze
sh.ali be pavz~sJle a±ter fifteen (15) calendar days from the date of rriailing of the
deterinir~atioli, unl°ss an appeal is taken pursuant to Section 33-10 of'this Chapter. At
any appeal, the Operator has the burden of proving that the Collecting Entity s
deternir_ation is incorrect.
Sectaoa~ ~'~-IO Appeals
- Any Operator subiect co assessment under this Chapter abgrieved'o}~ any decisioi}
of the. ~.oil.eCting Eritlty' Witl'~ reS7~+eCt t0 file am0ilnt Cif ASSeSSri'!C:17.tS, penalties, or interest
ilnpos~d wider this; Chapter may appeal to the Board. of Supervisor s by filing a notice of
aplreal with the County Cle.1c, ar~d a copy on. the Tax Collector, within fifteen (1 y)
calendar days of the serving or hailing of the deterlmi~xation by t1xE~ Collecting E.xtity.
The Boland of Supervisors shall Izx a time and place f~sr hearing such a~petti, and the
Count} Clerle ~r the Tax Collector shall give notice to the Operator by inailirlg such
ilot.ice tc the Operator at its last laxown place of address. The time of the bearing sl~;,ail be
at least 1 ~ oalendar days a.ft:,r tlxe mailing of the notice. The Tax Collector shall present
.the lxxatt,r to the Beard of Supervisors and include evidence subrrir~ed by the Operator.
The Tax Collector shall. also inchide proposed findings and a resolutioli of the appeal. A%
the ixeari.r~g, tie Tax Collector; the Collecting Entity, and the Operator shall have an
opportunity to expla:;n tlxeir case and introduce other statements or evidence. Tl?e Board
of~ Supel:
aisors may inxpose reasonable time limits on each party's present:atier~. The
:findings ol'the Board of Supervisors shall be finai_ and conchtsive; and shall be served on
the Operator as provided in Section 33-~ of this Chapter. l-=icy aixiount found to be due
sha11 be immediately due and pa}able.
Resolution No. 2004-123 N.C.S. Page 9
Section 33-I1 Assessments Due Deemed Debt to County; Actions to Collect
Any assessment, penalty, or interest required to be paid'r~y any Operator subject to
assessment under this Chapter shall be deemed a de~~t awed by the Operator to the
Caunty. Any assessment collected from a Transient by an Operator i~~hich has not been
. .paid to the Caunty shall be deemed a debt owed by the Operator. to the County. A.ny
Operator owing money to the County for .Assessments antler-this Chapter shall be liable
to an action brought in the name of the County far the reeavo;-y air the amount of the debt.
i he Ccu;,ty shall be entitled to recover from an Operator faunal liable for the debt, or aaly
part Thereof, any costs, including attomo_ys' fees, personnel costs; ar atYier zxp~nses
incut~ ed by the .Count} because of the failure of the O~,e_•ator tai tili°lel}'remit
Assessments; penalties, or interest to the County.
Section 33-12 Refunds.
Ii• an assessment, penalty, or interest imposed b}' this ~~iiapter has been overpaid or
pzid mere than once or paid in. error, or has bean illy gal_ly collected or received. by the
Caunty, a refund .nay be caught by filing a claim according to the pracedare set forth in
Chapter 2, Article X1iV of this Cade.
Section 33-13 Violations.
Any Operator violating an~a of tho provisions of this Chapter shall be guilty of a
~nisde~neanor and shall be punishable tfEerefarc as pravi~ed i;~ Section 1-7 of this Code.
Tn addition, the Tax Collector rrlay purs~.~~e on l~ehali of the Caunty any civil or
admi._istrative remedy otherwise available fa3: failure to comply with the reZuirements of
this Chapter. If the County prevails in such action or proceeding, the Count57 shall: be
entitled to recover its costs, including a'itarnPys' ices, persa>,~3.e1 casts, or ot'rier expenses
incizn-ed because of the failure to compl~,~ with the provisions of this Chapter.
Section 33-14 I2eca3rds.
.Every Operator of a T~odging estabiish?azeeit subject to ass: ss~neiat undor this
Chapter shall keep ~r!d preserve, for a period cf three years, all records as 3,nay be
necessary to determine the amai~nt of such assessment as he may have been liable for the
collection of and pay>,i~ent to the applicable Cailectirg Bntif`;r, which records the
applicable Collecting Entity arsd the Caunty of SaLama shad h.aye the right to inspect at a
reasonable time and fallowing twe.~ty-four (?4) hours' prior ~=Mitten ziatice.
Section 33-15 Advisory Board.
An Advisory Board comprised of five members is hereby created to carry out
the functions of an advisory baa3:d under the Law. 'The m~e:~nber:; of the Advisory Board
Resolution No. X004-123 N.C.S. Page 30
may be nominated by and be meml~er;~ of-the board of directors of the Contractor, subject
to the approval of the Board of Sup,,:.rvisors, iVlembei:s of the Advisory Board shall serve
at the pleasure of the Board. of Sitl~erdis;~rs anc z~ay be removed by the Board of
- Supervisors at any time. `fhe Advisory Board. ;hall advise the Board of Supervisors on
the alxiount of the Area's Assessments and cn the services, programs, and activities to be
funded by the Assess:ne?lts, arAd shall. perform such o~•her duties as require-d by tl~e Law,
including prepai7ng the .Amnual Jteport required. by Section 36533 of the Law:
Sectior>! 33-15 Adl~i;r~istd ataan; S~?ir<Q~xaa County Tourism 1Bureau.
i he County' of Scnoz~l.,z <~~ay cor>traet with a Contractor to carry out the
services, activities, and programs to be sanded by revenues from Assessments, as set
forth ire this Chapter' and the. La.w, and as specifzud in the applicable r~~nual l~.eport. The
Sonoma County T'aurisrn Baret>-u is h;,ruby designated to act as the.:initial Contractar.
~3ny contract boivv€en the County. aid the Contra.etor sliall~conforzn to the provisions of
tt'~1S l,l"? aptel:.
(b) '''i~e:l~.aard caf d.irpetors of the Contractor shall be comprised of 22 me~~tlbel:s.
i~irLctors sha..}1 Ue~ ~~poirted by thy: Board of Sup ervisors, City Councils arld by t'r~e
lodging indzstra iii }~ropoz~ion to the :respective financial contribution: tc the ;,peratian of
the Coz~.tractor :ma:d.e by the County (from transient occupancy tax receipts or other
sour;:es;i, the Citi~~ (from tra:~~sient o,czzN;incy tax receipts or other sources) and the
lod~:i.~g industry (fiom Assrssnner~ts under this Chapter or other sources). Tl~e nunrfoer ~~f
din°C:tL~rs apR~oi.r~ted 'r_sv Ci:ti tis Slzai_1 b~: based on th;, collective financial contribution frsn~s
alI Cities. T.re .rilzt to ~Ypc=_nt a d.ireetor shall net vest until pro-rata cantxi'rutizr~; ec;aal
or exceed the. airlount. r.~e~~,zired tc~ apYOnt o:~e director. 'The lodgi~ig industry shall appcirct
as dire.otars operators of lodging estabishznents from each'df the following categ;;ries:
(i) 25 uszits or fewer; {ii) 26-'75 uziits; (1i i) 76-140 >.znits; (iv) over 140 ~az~its..41~~p%;intiber~t
of directe s by i~ae todgizag industry shall be made based upon the percentage of
Assessd~ents cont~:ibuted by ;:ach lodging type; urovided; hcweve7-, that 3io less t1-1ar_ twa
rtor ~nc,re, t?-ian .five directors shall he appointed from any one lodging cal:egozy; and
provided further, That un less than two n?or rr~bre than five directors sYiai.l bti operators of
lodging establ.ishz~ents .locateci wittziz~ earl: se}~arate Sonozua County supc;rvisorial
district. Directors appointed an behalf' of the County br the Cities sha)1 tie apponnztd by
the B oard. of Super~.Tisors or Cii3~ Coancls, as applicable. S:ach directors may not be
members of the appointing bodies, but shall be operators of tourism-related. businesses
.within the Area, cr ernployeF.~s or board rnemUers ofnon=profit entities with in the Area
carrying out a;;ti.vities to j.lro~.iote tot;rism within Sonoma County. Iz1 the went the
Contractor changes die coi~pgsitier.~ of the board of directors, the C;ount5~ may
im~:~zediately terminate the Contractor: Ivleetings of the beard of directors of til,.
Co~tractar shall be noticed, public; and held in con.forrnance with the pr cvisi~:~ns of the
;?~.alph M. Brc~tivn Act.
Resolution No. 2!)04-123 Tv.C.S. Page 11
The contract with the Contractor shall reasonably specify the sen~ices,
pro~Yrax~:s, and activities *o be pro,~~i.ded by the Contractor, which services, progz~az~s, and
ac•ti ~-hies shal:i 'r_~e i.n. cf~n~or•znance with the applicable .Armual Repart. The Coitrctctcjr
may provide ar'.y s°tvices, programs; or activities that promote tourist visits to fYio _~Z-ea,
,;,,ilh~ttt rogard tc t1~r limitations sot forth in Section 33-4, provided that =e~~ices.
. p~•ogruo,s, or activities not authorized by section 33-4 rrzay not be paid for using reve-nuts '
fi'~>to Assesszr~ents. Prior to contracting v,~itl,. a Coritra.ctor, the County shall. obtain a
bizd~~;t front th~~ Contractor sliawing to the satisfaction of the Couz,t-=~ that the re~:,enu.ts
i'rorn Assesszrzer~ts ar~d all other sotarces to be paid. to tlse Contra%tor are s~afficierzt to
perrr~it tze Contactor to carry out the services, programs; and activities set ford. ire tie
annual plan. '?'h~ c.oz:~tract v,Tith the Contractor shall contain provisions a11o~~~iLg, the
C~ttr;,y j:v 3i1S~t;Ct the Contractor's records, to perform audits and investigations, or to
. obtain re?sorts fiozr the Contractor as the County deems neczssary to ensure that re-~.~znzzes
frozxz !-~s3ossments are used only as set forth in the con±Tact and as permitted. under this
Cha;~t°r as~td the 1'~aVV. Ti he contract. shall provide that it maybe tcrznit~ated by thF C:oun~,~,
. ~jith or v~~iiheut cause, on no less than thirty (30) days' notice.
i,Cit ~ii~e<~oard of Supervisors may, lr2 its SJle d1sC3'G'tiJ;•1, j'era G~/E° tl~e SI~iB Gr
succ;pssor Contractor at any time. upon sock rer.~aval, the Board o f. ~t?.~~ez-~.~isor tr~av
either (i) se?~ci and contract with a successor Contractor. or praaide the cer'~'iCCS,
prograrr~, and activiiies set forth in the applicable Annual P,eport wit~l the Co~~.zr_ty's o~~vn
f~~rces; in -4vriicfz case, the Caunry may obtain reiznbtzrsemeiit for seTVi;?es perfor'•TZed ar.~.s
CXper~3eS 1riCta'1e~~.;rfOrn TeVenUOS from ~.ssessmer~ts. The C~C?i1pC~Sit.Ol LftL'+.e ~i?arC :J~t
dlre;;torti of un'v' si~CCeSSOr COntractor' T17uSt be SttbStantlaliy Sit}:zilii?' tC~ tl?p t~arTlpOS1i70T1 Cif
thy. boa~•d of <iirect~rs of SCTB as sot fatLh in :Stzbsectiar> '`z-l6(b) abovo. if±he board of
Supe~:7isors rages not select a successor Contractor, the Board shall anl?aint an:~,.dvisor~~
Board, vY~hoee, r~zez~z~bers z~:zust be Operators ol: Lodging estabiishir_erzts s,abject to
assessment undo:- tl~zis Chapter.
(e) Tl~e eczztract with the Contractor s1~a1I be adzrzirtist°re~
~ on behalf of tlz
~:ou:ity of Scrzarna l.y the 1~irector of the :Economic Deveopnzent Board, who muy
authorize disbursements froze the Sonoma Cotzzi ~ Tourisz7i Btlsizless im~prove,~~nrt 1~uea
rued safely for the puzposes set forth in Sectiozl ~~•-4.
4ectirsn 3~-17 IV~c~dification or ~is~~stal~lishanent nf~ tf:e .A>i~c~~?.
(a) :["lze Board of Supervisors, b~~ ordinance, z~tay zrlodi{--~ the. provisions of this
.Chapter and may disestablish the Area, after aclcptin.g a resolution ofintentior. to such
effec?:. Such resoltttio;~ shall describe the proposed change cr change:., or indicate tlra. it
is propasc;d to disesta'olisl~ the area, and shall state the time and puce of a hearing to be
held. by the Bcard of Supervisors to consider the proposed acii~
gyn.
Reselucicn Nu. 200-123 N:C.s. Page 12
(b) If the Operators of Lodging establisnmev~ts whicl'i pay 50 percent or more
of the Assessments in the Area file a petition with the Clerk of the Board of Supervisors
requesting the Board of Supervisors t,~ adopt a resol~~tior~ of intention to modify or
disestablish the Area, the Board of Supen~isors shall adopt such. resolution and act upon it
as required by Section 33-17(d) below and the Lativ. Si~3natures or. such petition shall be
those of a duly authorized representative of the Operators of Lodging establishments in
the Area that paid Assessments in the prior calendar quarto-r.
(c) In the event the resolution proposes tc modify any cif the provisions of this
Chapter. including changes in the:existing Assessments or ire the existing boundaries of
the Area; such proceedings shall terminate ff protest is made by the Operators of Lodging
establishments paying 50 percent or more of the A_ssessinents in tl"ie Area.
(d) In the event the resolution proposes disestablish~nent of the Area, the Board
of Supervisors shall disestablish the Area; unless at such hearing, protest against
disestablishment is made by the Operators ofLodgi:~.g establishments paying 50 percent
or snore of the Aasessi~ients in the Area.
SECTI®N III. If any section, subsection, sentence, clause or phrase of ;.his ordinance is
for any reason held to be unconstitutional and invald', such decision shall not affect the
validity of the remaining portion of this ordinance. The Board of Supervisors hereby
declares that it would have passed this ordinance and every section, subsection, sentence,
clause or phrase thereof, irrespective of't:"~e fact that any one or more sections,
subsections, sentences, clauses or pl~asps b;: dzolared unconstitutional or invalid.
SECTION IV. This ordinance srial be and the sarn~rs hereby declared to be in full
_ force and effect fiom and after thirty (31) days afrter trio date of its passage and shall be
published once before the expiration of fifteen { 1 days after said passage, with the
names of the Supervisors voting for or against the sa~1.tP, in The Press Democ~°at, a
newspaper of general. circulation published iii tl~.e County of Somcnr~a, State of California.
hesoiutior No. 2004-123 N.C.S. Page 13
In regular session of the 3oard of Supervisors of the County of Sonoma, passed
and adopted this day of , 2QU4, on regular roll call of the members of said
Board by the following vote:
SUPER~jISORS.
BROWN I{ERNS^~_ Sl~Tg3 REILLY KELLEY
AYES NOES ABSTAIl~T ABSENT
WrIERELTFON, tiie Chair declared the above and foregoing ordinance duly
adopted and
SO ORDERED.
Chair; Board of Supervisors
County of Sonoma
A'',rTE T;
EEVE T. L,F~rIS; County Clerl<: and
ex-officio Cleric of the Baard of Supervisors
Resolution No. 2004-123 N.C.S. Page, 14
RESOLUTION NO.
I',ESOLL'TION OF THE BOARD OF SUPERVISORS OF TF~ COLTIvT'T`~' OF
SONUivL~, STATE OF CALL~'ORIVIA, E~RESSII\TG THE LI~TTEI~TIIUN TO
ES'I'.4BLISH A BUSINESS IIvII'ROVEMENT AREA.
WHEREAS, it has been. proposed that a Parking and Business Improvement Area
(`BL4") be established in accordance with t're Parking and Business Improyernent Area
law of 1989 (Streets and Highways Code 3d500, et. seq. [the "Law" i encompassing
all cf the unincorporated area of Sonoma County and the area of each City ir: Sonorr~a
County that consents to be included in the BIA: and
LvHEREAS, the name proposed for the BIA is the "Sonoma County ToLrism
Business Ir~zprovement Area," and
~'4'HEREAS, the activities proposed to be funded by the few of assessments are
n:arketi.ag activities that promote and encourage tourism within the BIA and increase
overnight. visits;to the area, and
'Vi'HEREAS, the assessment will be levied annually on the owners of lodging
establishments generating total rent during the proceeding calendar year of more than
X350,000, who shall pay an assessment equal to two percent of the .rent charged by the
operator, and
VE~HEREAS, new businesses [will OR will notl be exempt fror~~ the lew of
assessment for a period not to exceed one year from tha date the business commences
oiler. acing in the BIA;
NOW, THEREFORE, BE IT RESOLVED -THAT, the Board oi' Supervisors of
the County of Sonoma shall conduct a public hearine on the establislunent of the B:IA and
the levy of assessments on _ [a date not less than 20 nor mare than 30
days after adoption of the Resolution of Intention], and
BE IT FURTHER RESOLVED THAT, notice of the public hearing shall be
given in accordance with law and as set forth in Section 3652 of the Streets and
Fighways Code, and
BE. IT FURTHER RESOLVED THAT, at the public hearing testimony of all
interested persons for or against the establishment of the BIA, the extent of its area or the
furnishing of the specified activities will be heard, and
Resolution No. 2004-123 N.C.S. Page li
BE IT FURTHER RESOIJiTEl) TTdAT, at the public hearing, the Board of
Supervisors shall hear and consider all oral or writter, protests submitted in accordance
with Sections 36524 and 36~2~ of the Streets and Highways Code, and, if written protests
are received from the owners of businesses in tine BIA that will pay fifty percent or more
of the assessments proposed, no further proceedings io create the BIA or levy the
assessment shall be taken for a period of one year from the date of the finding of a
majority protest by the Board of Supervisors.
In regular session of the Board of Supervisors of the County Sonoma duly passed
and adopted on this _ day of , X004.
Resolution No. 2GOd-123 N.C.S. Page l6