HomeMy WebLinkAboutStaff Report 2.C 01/04/2010!~~
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CITY' OF PETALUMA, CALIFORNIA ~ ° ~'
AGENDA II,L January 4, 201(
Agenda Title: Resolution Approving Amended Administrative Agreement Meeting Date: Jan. 4, 2010
for the Collection of Assessments for the Sonoma County Tourism Business
Improvement Area Between the City of Petaluma and the County of Sonoma Meeting Time: 6:00 PM
and Authorizing City Manager to Execute Agreement.
Category: ^ Presenfation ^ Appointments ~ Consent ^ Public Bearing ^ Unfinished Business ^ New Business
Department: Director: Contact Person: Phone Number:
City Manager John C. Brown ~ John C. Brown 707-778-4345
Total. Cost of Proposal or Project: n/a Name :of Fund:
" Account Number:
Amount Budgeted: Current'1f and Balance:
Recommen'da~tion: It'is recommended. that. the City Council take "the following action: Adopt resolution
approving the amended agreement :for the .collection of assessments. for the Sonoma County Tourism Business
Improvement Area anal authorize the City Manager to execute said agreement.
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance; has been published/posted prior to second
reading; see Attachment
3. ^ Other action ce uirin s ecial notice:.Notice has been Qiven, see Attachment, ~ -
Summary Statement: In July of 2004, the Petaluma City Council approved a resolution consenting to the
.inclusion of the territory of the City of Petaluma within the proposed Sonoma County Tourism Business
Improvement Area (SCTBIA). The formation of the SCTBIA is authorized by the Parking and Business
Improvement Area Law of 1989 (Streets.& Highways Code Sections 365:00 and following). The SCTBIA was
formed to create a source of`fundng to market Sonoma. County as an overnight tourist destinationby imposing
an assessment on certain lodging establishments to augment existing tourism. program funding sources.
Assessments are.placed on operators of lodging establishments generating rent; as defined in the County's ,
ordinance, of greater than $350,000, during'the preceding calendar year;. and the assessment is a sum equal to 2%
of the rent charged by the ,operator.
The City entered into a contract with the County of Sonoma in order to administer the collection and remittance
of. the SCTBIA assessments to the County. City costs for administering this .program are reimbursed at 2% of the
assessment amounts collected. The County submitted an amended agreement to the City last June that contained
a provision'.for 1"ate remittances to the County,. which was ixriacceptable to the City and which has been removed
through negotiations between the City Attorney and the County: The present agreement expires December 31,
2009 but the expiration date has been shifted to fiscal year-end,. to June 30, 2010, with atwo-year automatic
renewal `through June 30, 2012.
Atf"acliments to Agenda Packet Item:
1.. Original agreement with County dated July I2, 2004 along with Resolution 2004-123 approving agreement
2. Letter dated. June 15, 2009 from County of Sonoma
3. Amended Administrative Agreement
4. Resolution
Reviewed by Finance Director: '' Reviewed by City Attorney: A r-owed b ana er:
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Date• /~ / S = O Date: Z -~c~-o
Date: /
u'o., ~ t ~' . - Ilaty act Revicerl~! nec_ 2R_ 2009 File:
Attachment 1
ADNII ISTRATI'VE`.AGREEMEN,T, FOIZ COLLEC'~IbN
OF ASSESSMENTS ;FOR.
- SONONIA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
This Agreement for Collection ofAssessments {"Agreement"), dated for convenience
I`.~~! ?Ot}4, is made between the Ci of ~~,lu ~0~_...--~
ty (City ) .and the County of
Sonoma ("County"),
RECITALS
A. Pursuant to 'Ordinance ~ .S ,~~ ("the BIA Ordinance"), the Cotmty has
`forrred a Business Il~provement Area (`BIA") pursuant to the Parking and' Business
IlnprovementArea Law of 1'989 for the promotion oftotuisnl in .:Sonoma County. Pursuant°to
the BLA Ordinance, a levy of t<vo percent (2%) of rent charged by lodging operators is assessed
"fl1e.BIA assessinei~its") on lodging: operators generating total rent:.gr:eater tliaii $.3SO,000:in the
preceding calendar year. The City has consented to the forii~aton of the BIA and to the
collection of:BIA assessments from„lodging operators located within the City.
. B. The BIA Ordinannce contemplates that the collection of BIA assessments from
Todgtng` operators within the City may lae performed by the City pursuant to an adnunistrative
agreeient with the Cotulty The BIA Ordinance.perniits the City to retain from BIA
assessments the City'°s acttiial costs of collection and admirustrafioil, riot to exceed two percent
(?6io j of the BIA- assessirients collected.
C. City has agreed to collect BIA assessments fiom lodging operators within its
incorporate$ area, .and City a~~d County desire to memorialize the collection a11d administrative
a-
fuslctions tc~ be performed Cit}> as contemplated by the LIA Ordinance.
u'HEREFQRE, the City and Count}' agree as follows:
AGREEMENT
Collection.. of BIA. Assessments. Pursuant to aiid in conformance with the terms
of the BIA Ordinance, Cit}r shall collect BIA assessments from lodging operators-within the
inco~parated area of the City.
?. Fr_equencv of Collection. City shall collect BIA assessments from lodging
'operators on a quarterly basis; ro Iater than the last day of the nonth:following the end of a
calendar quarter. City may collect BIA assessments in conjtrneton with Cit}~'s collection of airy
transient occupancy fax ("TOT") ii~iposed by Cit}r on lodging operators.
3. Registration. City s11aI'l require each ]odgirig operator within its incorporated area.
to pro`~ide such information as City slial] deem necessary to collect BIA assessments.
Inforinatior,previously provided by a lodging operator to a City in connection with TOT
colleetans may be used by the City for. this propose.
~. Renuttance and Reporting to County. City s1aI1 remit BIA assessments collected
:from loelgiiiD-operators; less any adminstrative fee permitted'.by floe BIA Ordinance and.tlus
Agreement„ fo the' Sonoma County Tax Collector within .15 business days of collection. City's.
remittance of fees .shall' be accorrparuecl by report showiri~; at a minimum, file name of each
lodpirig operator, the dross rent reported by each lodging operator during the quarter, t17e amount
of any exemptions, claimed by each lode ng operator; the BIA assessments collected from each
lodging operator; the amotut of administrative fee witlilieId by the City; a.nd the total net BIA
assessment,remitted to the Sonoma County Tax Collector by the. City.
3
~~; D:elinqueney and Collection. If a Iodgiilg~ operator.faiIs to report and remit BIA
assessments wl~en,due, City shall assess acid detei-riline delinquencies; penalties, aiid interest; and
take such .actions:. as are c7ecessary with respect to the assessment and' determination of
delinquencies, penalties;,,and interest as ai`e required and provided in sections 33-b and ;3-9 of
the.BIA Ordinance.
6• Cooperation with Coiult~~, h~ the event a lodging operator appeals any assessment
by the City pursuant to section,3~-10 of the BIA Ordinance; or ii1 the-event the County institutes
.legal action to collect any delinquent assessments, penalties, or interest owed by a lodging
operator within the City pursuant to section ~3-11 of'tlie BIA Ordinance, the City shall cooperate
with tlie: County in connection with such proceedings by praviding.doeumentation and witnesses
reasonably necessary to the conduct of such proceedings..
Recor"ds:and Inspection: City shall retain. all, records-relating to its coilecton of
RIA assessments and its perfoimaiice under this Agreement for a period oi~three years, and shall
allow. Cotulty to 'inspect and copy such records upon' Cotuity's reasonable request: If City
performs an audit of any Iodgirig ope"ratoi~ to determine wltetlier the lodging operator 11as
canlplied wif11 the Cty's'TOT ordinance or~tlne BIA Ordinance; City shall provide a copy of such
audit'to County upon request. Nothing in this Agreement shall proliilait tlae County from
conducting ~1 independent audit .of lodging operators within the City for purpose of deternnung
:compliance-with tl7e BTA Ordnance.
'~. Doeiiiiieiitation of Eli~ibilty`for Exemption. By 3amiary 31, 2005, City shall
provide CouiZty with a list; `of all lodging operators within flie City's incorporated area and the
rent collected liy each lodging operator dtuirg.calendar.ycar 2004, for the purpose of
determining whether each lodging operator is subject to assessment under section 33-5(a) of the
BIA Ordinance.
~. Cozlpensaton. City may deduct froze BIA assessments remitted fo Couz7t}~ under
this Ameenemt the City's. actual costs of collecting.BlA .assessments: and administering this
Agreement, up to a zmaxizmum oftwo percent (2%) of`the BIA assessments collected by the City.
Notwithstanding the foregoing, for the first two years the BIA. exists,. the. City may deduct two
Percent (2%) of BIA as"sessments collected.
10. Term: Termination., The,tezm ~of this Agreement shall commence on the date it is
executed bybotll County and City,.azid.:shall continue until.December 3.1, ?006.
Notwitlzstazlding the foregoing:.tlzi's Agreement shall continue for additional one-year calendar
year" terms unless City or County notifies the other pant}r of its iziferit to terminate the Agreement
at the .end of the .calendar year. Such notice must be given no after than sixty (60) days before
the end.of the calendar year for termination ta.be effective, This Agreement s11a11 also terminate
90 days. after (~) the effective date of any ixiodification to the BLA that; eYChzdes the City from the
boundaries of the .BIA oi- (U) the effective date of any disestablishment of the BIA ptusuant to
section ~ ~-l7 of tlae BIA Ordinance.
11. Amendments. This Agreement may be amended only by a writing executed by
both City and County.
12.
'This' agl•eement nay be amended by the City and the County in writing, signed'by both
the City and the; Comity.
7. Terzi~inati on
5
pairt3r:
Either party°nay terminate this .agreement upon ninety days written ;notice. to the other
8. Tenor
The term of this agreement shall be for one year coimnaencing Z t ,and
shall be autamatiealIy ettended for~additional one year periods subject to termination as
provided in paragraph 7.
9. Notices alid Pavalzeilts
All notices and pay~nerifs to the parties shall be addressed.as follov~~s:
City:
County: Treasurer-Tax Collector
-County of Sonoma
.Post Qffce Bay 3879
Santa Rosa, CA 954Q2
City of
By l ~~_.
~ a Director
Date~~~ ~ '~' 7llfi~
Coil of Sandman
~/.
By ;~~~ f
Treasurer-Tai Collector
b
~~~~ ~~~
SIGNATURE ROUTING SHEET ~ ~~'~'~~~~
FoR ~U~ =~
~1~ i
Sonoma Count<~ Tourism Business Improvement Area
(Agreement/Project Title)
Please 1~eep the original of this document with the City Clerk's executed original of the contract.
CITY OF PETAL,LTMA
City Manager
ATTEST:
Cii~ Clerk .~
~~~~'
.Risk Manager
Z~Q~
SICINATURE R01JT'IIVG SHEET (CITY)
June ?004
APPROVED, AS';=I'O~'Qk~M:
,,
City A#f rn' y ~' -~
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Attachment 2
Auditor ControlPer
Treasu rep`-Ta ~~C+ ollector
RODNEY.A. DOLE. C®!$glt~ Of :SOIlO.IIl'a
AU DITOR-CONTROLLER 585; FISC.4L.DRI VE.
TRGASL`RER -TAa COLLECTO{2 ~ SLI[TE,101F
SANTA ROSH; CALIFORNIA
95403=2fi19
0207) 565;2631 .'
FAX (707) 565=3a89
June 15, 2009
Tamera Haas, Finance Director
City of Petaluma .
11 English St.
Petaluma, CA 94952
SUBIECT: BIAAgreenient
Dear Ms. Haas:_
DONNA M. DUNK
ASSISTANT
AUDITOR-CONTROLLER
ROBERT BOITANO
ASSISTANT
TREASURER
PAM JOHNSTON
ASSISTANT
TAX COLLECTOR-AUDITOR
The: current BIA Agreement between the City of Petaluma and the County of
Sonoma wilt expire on.June 30, 2009.
UVe have modified fhe :Agreement to include language to address the timing of
remittance of funds to the County.
Please review the changes. and execute two copies of .the Agreement. at your
earliest conVenienee~ :UVe realize Shat renewal of this agreement may require the
approval of City Council and "this could delay the execution of the contract. With
that in mind; we would like to have it returned to us no later fhari July 31, 2009.
If you have any questions, piease contact me at (707) Sb5-2073.
Attachment 3
AMENI)ED,ADMIN'ISTRATIVE AGREEMENT FOR
COLLECTION OF ASSESSMENTS' FOR
SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
BETWEEN TIIE CITY QF PETALUlVIA AND THE COUNTY OF SONOMA
This Agreement for Collection of Assessments ("Agreement"), dated
Sonoma ("County")
RECI~'ALS
2010, is made between the: City of Petaluma ("City") and the County of
A. Pursuant to Ordinance #5525 ("the BIA Ordinance"); the County has formed a Business
Improvement Area ("BIA") pursuant to the Parking and Business Improvement Area Law of 1989 for
the promotion of tourism in Sonoma County.. Pursuant to the. BIA Ordinance, a levy of two percent
(2%) ofrent charged by lodging operators is assessed ("the BTA assessments") on lodging operators
generating total gross rent greater than $350,000 in the .preceding fiscal year (July O1 to June 30). The
City has consented to the formation of the BIA and to the collection of BIA assessments from lodging.
operators located within the City.
B: The BIA Ordinance contemplates that the collection of BIA assessments from lodging
operators within the City may be performed by the City pursuant to an administrative agreement with-
the County. The BIA Ordinance permits the City to retain from BIA assessments the City's actual costs
of collection and administration, not to exceed two percent (2%) of the BIA assessments collected.
C: City has agreed to collect BIA assessments .from lodging operators within its incorporated
area, and City and County desire to memorialize the collection and administrative functions to be
performed by City as contemplated by the BIA Ordinance.
WHEREFORE, the City ..and County agree as follows:
AGREEMENT
Collection. of BIA Assessments. Pursuant to and in conformance with the terms of the
BIA Ordinance, City shall collect BIA assessments from lodging operators within the incorporated area
of the City.
2. Frequency of Collection.. City shall collect BIA assessments from lodging operators on a
quarterly basis, no. later than the last day of .the month following the .end of a calendar quarter. City may
`~
:collect B'IA assessments in conjunction with City's' collection of any transient occupancy tax ("TOT")
imposed by City on lodging operators.
3. Registration. City shall require each lodging operator within its incorporated area to
provide such information as City shall deem necessary to collect BIA assessments. Information
previously provided by a lodging operator to a City in connection with TOT collections may be used by
the City for this purpose.
4. Remittance and Reporting to County. City shall remit BIA assessments collected from
lodging operators in the. most recent calendar quarter, less any administrative fee permitted by the BIA
Ordinance and this Agreement, to the Sonoma County Tax Collector within 30 days following
collection of the assessments. City's remittance of fees shall be accompanied by a report showing the
aggregate total of gross room receipts for the quarter; the aggregate total of BIA assessments collected;
the amount of administrative fee withheld by the City, and the total net BIA assessment remitted to the
Sonoma County Tax Collector by the City.
5. Delinquency and .Colaection. If a lodging operator fails to report and remit BIA
assessments when .due, City shall assess. and determine delinquencies, penalties, and interest, and take
such actions as are necessary with respect to the assessment and determination of delinquencies;
penalties, and.:interest as are required and provided in sections 33-8 and 33-9 of the BIA Ordinance.
6. Cooperation with County. In the event a lodging operator appeals any assessment by the
City pursuant to section 33-10 of fhe~ BIA Ordinance, or in the event the County institutes legal action to
collect any delinquent assessments; penalties, or interest owed by a lodging operator within the City
pursuant to section 33-11 of the BIA Ordinance, the City shall cooperate with the County in connection
with such proceedings by providing documentation and witnesses reasonably necessary to the conduct
of such proceedings.
7. Records and Inspection. City shall retain all records, relating to its collection of BIA
.assessments .arid. its performance under this Agreement for a period of three years, and shall allow
County to inspect. and copy such records upon County's reasonable request. If City performs an audit of
any lodging operator to. determine whether the lodging operator has complied with the City's. TOT
ordinance or-the BIA.Ord>llance, City shall provide a copy of such audit to County upon request.
Nothing in this Agreement'shall prohibit the County from conducting an independent audit of lodging
operators within the City for the purpose of determining compliance with the BIA Ordinance. County
shall provide a copy of such audit to City upon request.
8. Documentation of Bli ibility for Exemption. The determination of eligibility for
inclusion in the BIA is calculated on a fiscal year basis and liability for payment of the BIA begins in-the
~~
fiscal year immediately following the close of the prior fiscal year. By August of each year, City shall
provide County with, a list of all lodging operators with the City's incorporated area and the rent
collected by each lodging operator during the prior fiscal year,. for the purpose of determining whether
each lodging operator is subject to assessment under section 33-5(a) of the BIA Ordinance. The amount
to be used to determine eligibility is the amount of.rent actually collected in the previous fiscal year, not
when TOT was received by the 'City.
9. Compensation. City may deduct from BIA assessments remitted to County under this
Agreement the City's actual costs of collecting BIA assessments and administering this Agreement, up
to a maximum of two percent (2%) of the BIA assessments. collected by the City. Notwithstanding the
foregoing, for the first two years the BIA exists, the City may deduct two percent (2%) of BIA
assessments collected.
10. Term: Termination. The term of this Agreement shall commence on the date it is
executed by both County and City; and shall continue until June 30, 2010. Notwithstanding the
foregoing, this Agreement shall automatically renew for two (2).additional years, expiring no later than
June 30, 2012, unless City or County notifies the other party of its intent to terminate the Agreement at
the end of the fiscal year. Such notice must be given no later than sixty (60) days before the end of the
fiscal year for termination to be effective. This Agreement shall. also terminate 90 days after (a) the
effective date of any modification to the BIA that excludes the City from the boundaries of the BIA or
(b) the effective date of any disestablishment of the BIA pursuant to section 33-17 of the BI,A
Ordinance..
1.1 .. Amendments. This Agreement may be amended by the City and the County in writing,
signed by both the City and the County.
12. Notices and Payments. All notices and payments to the parties shall be addressed as
follows:
City: Finance Director
City of Petaluma
P.O_ Box 61
Petaluma, CA 94953
County: Treasurer-Tax Collector
County of Sonoma
Post Office Box 3879
Santa Rosa, CA 95402
~~
City of Petaluma
By
City Manager
Date
Approved as to form:
By
City Attorney
Date
Approved as to form:
By
Finance Director
Date
1335169:1
County of Sonoma
By
Treasurer-Tax Collector
Date
By.
County Counsel
Date
1~
Attachment 4
RESOLUTI®N APPROVING AN AMENDED ADMI'NIST~2ATIVE AGREEMENT FOR
THE COLLECTION OF ASSESSMENTS FOR THE SONOMA COUNTY TOURISM
BUSINESS IMPROVEMENT AREA BETWEEN THE CITY OF PETALUIVIA AND THE
COUNTY OF S®NOMA .AND RUTH®RIZING CITY MANAGER TO EXECUTE SAID
AGREEMENT
WHEREAS, in 2004, the territory of the City of Petaluma was included within the
Sorioma County Tourism Business Improvement Area (SCTBIA); and
WHEREAS, the formation of the SCTBIA is authorized by the Parking and Business
Improvement Area Law of 1989 (Streets & Highways Code Sections 36500 and following); and
WHEREAS, the SCTBIA was formed to create a source of funding to market Sonoma
County as an overnight tourist destination by imposing an assessment on certain lodging
establishments to augment existing tourism program funding.. sources; and
WIIEREAS, assessments are placed on operators of lodging establishments generating
rent, as defined in the County's ordinance, of greater than $350,000 during the preceding
calendar year, and the assessment is a sum equal to 2% of the rent charged by the operator; and
WHEREAS, the term of the amended Administrative Agreement runs through June 30,
2010, with atwo-year automatic renewal through June 30, 2012.
NOW, THEREFORE, DIJ IT RESOLVED that the City of Petaluma does hereby
approve the amended Administrative: Agreement and authorizes the City Manager to execute the
agreement.
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