HomeMy WebLinkAboutAgenda Bill 3.C 10/04/2004•
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CITY OF,PETALUMA, CALIFORNIA
AGENDA B ILL OCT 4 ® 2004
,, A14enda Title
Meeting Date:
October 4,.2004
Resolution Approving an Administrative Agreement for
Collection of Assessinents for Sonoma County Tourism- Business'
Meeting _Time Z 3:00 PM
Improvement Area (BIA) . ,
❑ 7:00 PM
Category (check one) El. Consent Calendar ❑ Publi'c blearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department
Director
Contact Person
, Phone Number
Administrative Services
h;D: Nmer
Joseph D. Netter
707 778 -4323
Cost of Proposal N/A
Account Number N/A
Amount Budgeted N/A
Name- of-Fund: N/A
Attachments to Agenda Packef Item
1. Letter from Tom Ford, Sonoma County Treasurer Tax Collector
2. Resolution Approving an .Administrative Agreement for Collection of Assessment for
Sonoma County Tourism Business `Improvement Area
3. Administrative Agreement for Collection of .Assessment: for Sonoma County Tourism Business
Improvement Area
4. Resolution No. 2Q04 -123 N.C:S. Consenting to the Inclusion :of Territory of the City of Petaluma
within the Proposed Sonoma County Tourism Business Improvement Area (Including County
Ordinance)
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Summary Statement
The County of Sonoma approved the formation of the Sonoma County Tourism Business Improvement
Area (SCTBIA). The SCTBIA will create a source. of funding to market Sonoma County as an overnight
tourism destination by imposing; an assessment on dodging establishments that receive ;gross rental of over
$350,000 annually. The proposed assessment is 2% of room rentals that will augment existing Tourism 0
Program funding sources.
The legal authority in the formation of the SCTBIA is the parking and Business Improvement Area Law of
1989, (Streets and Highways Code Sections 3'6500 and following)., The Board 'of Supervisors may create
the SCTBIA covering the unincorporated territory of the County, however they may not include the
incorporated areas,of'a City. Therefore they requested�approval from the City Council of Petaluma for all
lodging establishments in Petaluma to be included. The City Council approved this item. at its, meeting of
July 12, 2004 by Resolution No. 2004 -123 N.C.S. consenting to the inclusion of the territory of'the City of
Petaluma within the proposed Sonoma County Tourism Business Improvement District.
To date, seven Cities have approved consent to- be included in the SCTBI "A including the Cities of:
Petaluma, Rohnert Park Santa Rosa, Sebastopol; Windsor, - Cotati and Cloverdale. The BIA proposal
includes the following:features:
1. BIA would, be Created by the County Board of Supervisors with an assessment, of 2% of gross room
revenues'— revenues would support tourism promotional activities.
2. Each City Council must approve a resolution allowing funds to be collected from lodging
establishments within its jurisdiction.
3. Lodging facilities with less that $350,000 in annual gross roorn:revenuemould be exempted.
4 The Sonoma County Tax Collector and the .coiiseriting Cities would collect BIA assessments
quarterly from the lodging .facilities within their respective jurisdictions less a 2% of assessment
administrative fee for processing.
5. The Sonoma, County Board of Supervisors would appoint an advisory committee to oversight the
expenditures of collected assessments.
6. A new non -profit would be created for the sole purpose of carrying out tourism programs funded
by the new BIA assessment, TOT tax revenues and other sources.
7. Staff, assets': and programs of the Sonoma County Tourism Program would transition to the new
nonprofit entity.
Item No._ 4 above requires that the County and each. jurisdiction act as - the collecting agency, for those
lodging facilities within each jurisdiction. Each agency is allowed to deduct a 2 % administrative charge
In order to authorize .each agency to be-the billing and:collection agent...an administrative agreement must
be executed between each City and the County of- Sonoma. The resolution presented approves the
administrative agreement for. collection of assessments for- the Sonoma County Tourism Business
improvement Area. 'The agreement outlines the terms and conditions and requirements of each agency.
The term of the agreement is for one year and shall be automatically extended for additional one - year'.
periods subject t6 the termination clause, which is,ninety'(90) days written notice.
It ;is recommended that , the -City Council adopt the resolution approving the : Administrative Agreement for
Colleciion of Assessments for Sonoma county Tourism Business Improvement Area.
r:
Annroved by Citv Manager:
Date: F <De: y ` Date:
SEP 2 $ 20
gust 21, '2004
r= CITY OF PETALUMA, CALIFORNIA
OCTOBER 4,.2004
AGENDA REPORT
FOR
DISCUSSION AND ACTION ADOPTING A RESOLUTION APPROVING AN ADMINISTRATIVE
AGREEMENT FOR COLLECTION OF ASSESSMENTS FOR SONOMA COUNTY TOURISM BUSINESS
IMPROVEMENT AREA (SCTBIA)
EXECUTIVE SUMMARY
The County of Sonoma approved the formation of the Sonoma County Tourism Business Improvement Area
(SCTBIA). The SCTBIA will create a source of funding to market Sonoma County as an overnight tourism
destination by imposing an assessment on lodging establishments that receive gross rental of over $350,000
annually. The proposed assessment is 2% of room rentals that will augment existing Tourism Program funding
sources.
The legal authority in, the formation of the SCTBIA is the parking, and Business Improvement Area Law of
1989, (Streets and Highways Code Sections 36500 and following). The Board of Supervisors may create the
SCTBIA covering the - unincorporated territory of the County, however they may not include the incorporated
areas of a 'City. Therefore they requested approval from the City Council of Petaluma for all lodging
establishments in Petaluma to be included. The City Council approved. this item at its meeting of July .12, 2004
y Resolution No. 2004 -123 N:C.S. , consenting to the inclusion of the territory of the City of Petaluma within
the proposed Sonoma County Tourism. Business Improvement District.
To date, seven Cities have approved consent to be included in the SCTBIA including the Cities of:' Petaluma,
Rohnert Park, Santa .Rosa, Sebastopol, Windsor, Cotati and Cloverdale. , The BIA proposal includes the
following:features:
• BIA would be created by the County Board of Supervisors with an assessment of 2% of gross room
revenues — revenues would support tourism promotional activities.
• Each City Council must approve a resolution allowing funds to be collected from lodging establishments
within its jurisdiction.
• Lodging facilities with less that $350,00.0. in annual gross room revenues would be exempted.
• The Sonoma County Tax Collector and the consenting Cities would collect BIA assessments quarterly
from the lodging facilities within their respective jurisdictions less a 2 % of assessment administrative
fee for processing.
• The Sonoma County Board of Supervisors would appoint an >advisory. committee to oversight the
expenditures of collected assessments.
• A new non - profit would be created for the sole purpose of carrying out tourism programs — funded by
the new BIA assessment,' TOT tax revenues and other sources:
• Staff, assets and programs of the Sonoma County Tourism Program would transition to the new
nonprofit• entity.
A provision above "requires that the County and each jurisdiction act as the collecting agency for those lodging
facilities within each_ jurisdiction. Each agency is allowed to deduct a 2% administrative charge. In order to
uthorize each agency to be the billing and collection agent... an administrative agreement must be executed
etwee.n each City and the County of Sonoma. The resolution. presented approves the administrative agreement
for collection - of assessments for the Sonoma County Tourism Business improvement Area. The agreement
outlines the terms and conditions and requirements of each agency. The term of the agreement is for one year
and shall be automatically extended for additional one -year per subject to the termination clause, which is
ninety (90) days written notice.
2. BACKGROUND
In 1998, the Board of Supervisors directed the Economic Development Board (EDB) to develop a county -wide
tourism- marketing,program, resulting in Sonoma County Tourism Council, a Sonoma County
'Tourism •
Program, staff of five employees; and a budget of $1.5 million dollars. The County has been the primary
funding source for the program, though revenues from the Transient Tax (TOT) levied within the
unincorporated are of Sonoma County.
Approximately three years ago the EDB and County staff held discussions with City governments to determine
interest informing a funding partnership with the County for - tourism. marketing, because Cities collect nearly
62% of all TOT revenues within Sonoma County. Given the realities of municipal finance, it was apparent that
Cities were not able to share in the TOT tax dollars; as their budgets were shrinking and. the TOT tax dollars
supported essential services such as Police, Fire and Recreation services.
When the partnership idea failed, representatives of the lodging, industry approached the Board of Supervisors
and suggested the possibility of generating funding for tourism promotion through self- assessment via the
formation of a Business Improvement Area (BIA). Over the past two years, through.a contract with the EDB,
the Sonoma County Lodging Association (SCLA) has research_ the feasibility of creating a county -wide
Business Improvement- District Area to fund acounty -wide tourism - marketing program. SCLA members have
met with tourism industry .representatives and with hospitality groups around the County, presented draft
proposals and received input, and developed a final proposal.
Following solicitation and input from the Cities, of which seven (7) cities have approved the concept of a
County -Wide Business Improvement Area, the Board of Supervisors are considering a Resolution of Intention
which would' begin,a process of review and public hearing. on t_he'proposed Tourism Business Improvement
proposed Area and of the. ro osed assessment to fund the -programs. The Resolution of Intention outlines the key
elements of the BIA and howwthe assessment would be collected and used, which.are set forth in more detail in
the draft BIA Ordinance which is on .file with. the City Clerk (and part of the approval by Resolution No. 2004-
123 N.C.S.). Public meetings and public hearings ate set for October 12, 2004 at 1p :00am -and November 2,
2004 at I0 00am, in the Sonoma County Board of 'Supervisors Chambers at the. County offices.. All the affected
lodging establishments will be notified of these meetings.
If the Resolution of Intention is adopted, on October 12; the Board will hold: the public meetings required by
Gov't Code section 54954.6 to take testimony on the formation of the BIA and proposed assessments. The-BIA
Ordinance will then be formally introduced.
Under applicable law; formation of the BIA is subject to a "Majority Protest" procedure. If by November 2,
2004, written protests are received by the Clerk of the Board of Supervisors from the owners of affected lodging
businesses in the proposed Area which will pay 50% or more of the assessments proposed to be levied, the
Board may NOT' form the BIA, or take.any action towards forming a BIA for a period of one year. If the
Resolution of Intention is adopted, and written protests are not received by a majority of affected lodging
businesses, then at the conclusion of the November 2, 2004 hearing, the Board will consider establishing the
BIA, levying the proposed assessments and adopting the BIA ordinance.
Currently there are five (5) Lodging Establishments that meet the gross rental receipts of over $350,000 in the
City of Petaluma: Each lodging establishment will be-notified of the public hearings listed above.
3. ALTERNATIVES
None suggested, possibly authorize the County to take over the, billings and collections from Lodging
Establishments in the incorporated City of Petaluma.
4: FINANCIAL IMPACTS
�" o direcUosts to the City. The "Finance Department would be. reimbursed at- an amount not to exceed 2% of the
SCTBIA assessments collected. The SCTBIA assessment revenues would assist the City of Petaluma in the
County -Wide tourism promotion efforts.
5. CONCLUSION
Recommend approval on a trial basis on the collection and billing efforts only. The enforcement of collections
will be turned over to the County of Sonoma for further action. The agreement for billing and collections can
be terminated with a ninety (90) daywritten notice...if the City -feels it cannot complete the tasks for the
amount of revenues received.
6. OUTCOMES OR PE RFORMANCE MEASUREMENTS THAT W ILLIDENTIFY SUCCESS OR COMPLETION:
Hopefully the SCTBIA will be a success and additional Tourism and marketing funds will be available to
promote the City of Petaluma and other County areas for tourism and the traveler... increasing sales and ToT
taxes that .support public services.
7. RECOMMENDATION
� dopt the.Resolution.approving the Administrative Agreement for Collection of Assessment for Sonoma
ounty Tourism Business Improvement Area.
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RESOLUTION
• APPROVING AGREEMENT FOR COLLECTION OF ASSESSMENTS FOR 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 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.); and
WHEREAS„ the SCTBIA is being formed to establish an assessment process to collect 2% assessment
on all lodging establishments with lodging rentals in excess of $350,000 annually; and
WHEREAS,,the City of Petaluma.City Council has approved by Resolution No. 2004 -123 N.C.S. on
July 12, 2004, inclusion of the territory of the City of Petaluma within,the proposed Sonoma County Tourism
Business Improvement Area; and
WHEREAS, the proposed County Ordinance establishes that each jurisdiction within the County of
Sonoma act as the billing and collections agent -for lodging establishments within its jurisdiction; and
WHEREAS, the County Ordinance provides that an administrative fee of actual costs not to'exceed 2%
the Assessment collected (first two.years;29,4o of collections) be paid to each jurisdiction doing the
qWling /collections; and
WHEREAS, the City of Petaluma has agreed to process the billings and collections in accordance with
the County Ordinance; and
WHEREAS, the County has provided an Administrative Agreement for Collection of Assessment for
Sonoma County Tourism Business Improvement Area for each jurisdiction;
NOW THEREFORE, BE IT RESOLVED by the Petaluma City Council as follows:
The above recitals are true and correct and hereby declared to be finding of the Petaluma City
Council.
2. That the Council of the City of Petaluma approves "The Administrative Agreement for
Collection of Assessments for Sonoma County Tourism Business Improvement Area" as
provided, in "Exhibit.A ".
3. That the City Council authorizes the City Finance Director to execute the agreement for and on
behalf of the City of Petaluma.
*opted the 4 t " day of October, 2004 by the following vote:
COUNTY OF SONOMA
• TREASURER -TAX COLLECTOR
ADMINISTRATION CENTER
P.O. BOX 3879
SANTA -ROSA, CALIFORNIA 95402
Joe Netter
Interim Finance Director
11 English St.
Petaluma, CA 94952
September 7, 2004
Dear Mr. Netter:
TOM FORD
TREASURER -TAX COLLECTOR
707 -565 -3233
FAX # 707 -565 -2610
E -mail: tford @sonoma - county.org
Through a resolution by your city council, Petaluma has agreed to be part of a
countywide Business Improvement Area (BIA) to fund tourism promotions. The
Tourism BIA will be.filnded through an assessment on the lodging industry. Lodging
facilities with $350,000 or more in annual gross room revenue will be assessed 2% of
gross room revenue. Those funds will be used to fund promotional and marketing
activities aimed at increasing the number of visitors to Sonoma County.
The assessment will be collected by each city and then forwarded to the County of
Sonoma. As the attached draft agreement outlines, the assessment will be collected on a
quarterly basis: Please look over-the draft to make sure your city understands its role in
the BIA collection process. Note that this agreement must be approved by Petaluma no
later than October 12, 2004.
Please review the draft documents and please forward any comments to Jon Kadlec at the
Tax Collectors - office at 565 -6124 by October 12, 2004.
reviewing this issue with you in the near future.
Treasurer Tax Collector
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I om r ora
6eh:61 i 14
ADMINISTRATIVE AGREEMENT FOR COLLECTION
OF ASSESSMENTS FOR
SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
This Agreement for Collection of Assessments ( "Agreement "), dated for convenience
2004, is made between the City of ( "City ") and the County of .
Sonoma ("County").
RECITALS
A. Pursuant to Ordinance # ( "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 %) of rent charged by lodging operators is assessed
( "the BIA assessments ") onIodging operators generating total rent greater than $350,000 in the
preceding calendar year. 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 City as contemplated by the BIA Ordinance.
WHEREFORE, the and County agree as follows:
AGREEMENT
1. 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 BIA 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 Countv City shall remit BIA assessments collected
from lodging operators, less any administrative fee by the BIA Ordinance and this
Agreement, to the Sonoma County Tax Collector within 1.5 business days of collection. City's
remittance of fees shall be accompanied by report showing, at a. minimum, the name of each
lodging operator, the gross rent reported by each lodging operator during the, quarter, the amount
of any exemptions claimed by each lodging operator, the BIA assessments collected from each
lodging operator, the amount of administrative fee withheld by the City, and the total net BIA
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assessment remitted to the Sonoma County Tax Collector by the City.
5. Delinquency and Collection 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 3)3 -10 of the 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 and 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 Ordinance, 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 purpose of determining
compliance with the BIA Ordinance..
8. Documentation of Eligibility for Exemption By January 31, 2005, City shall
provide County with a list of all lodging operators within the City's incorporated area and the
rent collected by each lodging operator during calendar year 2004, for the purpose of
determining,`whether each lodging operator is subject to assessment under section 33 -5(a) of the
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BIA Ordinance.
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 1 /o) 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. December 31, 2006.
Notwithstanding the foregoing, this Agreement shall continue for additional .one -year calendar
year terms unless City or County notifies the other party of its intent to terminate theAgreement
at the end of the calendar year. Such notice must be given no 'later than sixty (60) days before
the end of the calendar year for termination'to be effective. This Agreement shall also terminate
90. days after- (a) the effective date of any 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 BIA Ordinance.
11. Amendments This-Agreement may be amended only by a writing executed by
both City and County.
12.
This agreement may be amended by the City and the County in writing, signed by both
the City and the County.
7. Termination
LI
f
Either party may terminate this agreement upon ninety days written notice to the other
party.
8. Term
The term of this agreement shall be for one year commencing , and
shall be automatically extended for additional one year periods subject to termination as
provided in paragraph 7.
9. Notices and Pam
All notices and payments to the parties shall be addressed, as follows:
City:
County: Treasurer -Tax Collector
County of Sonoma
Post Office Box 3879
Santa Rosa, CA`95402
City of
Date
Finance Director
County of Sonoma
By
Treasurer -Tax Collector
Date
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±<Iesolution No,. 1 2004-423 N,C.S.
of ` the , City of Petaluma, Cali'
lomia.
RESOLUTION DI' THE COUNCIL OF THk CITY OF PET.4,LUMIA
CONSENTING, TO THE! INCLUSION OF THE TERRITORY
OF PETALUMA
OF TAE CITY; WI'T'HIN` THE PROPOSED
SONOMA COUNTY TOURISM BUSINESS IMPRONTEMM 'T AREA
iATEREAS, 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 ("SCTBLA.")
ID, ent
in accordance with the. Parking and Business Improvement Area Law of 1989
I (Streets and
Highways Code Sections 36500, et seq. [the . "Law"j); and,
MMEREAS 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,
VVMREAS, the Sonoma. County Lodging Association . sociation has requested that the Council
give its constiitto thei nc lusioii.of'thetemtoryof the City within :the. SCT`BIA;'and,
g I
WHEREAS, the City Council has considered the reau.64, the attached ordinance, and the
comments of the operators of loa establishments situated within the City and of others to the
request.
NOW, THEREFORE,- B I E IT 'RESOLVED by the Pdtalmna City C ouncil as follows:
1. The above recitals ate true and, correct and hereby declared to be findings of the
Petaluma City Council.
2. That the Coui the-,. City of Petalunia consents to 'inclusion of"the territorial
jurisdictibia of tli(-, q#y'of Petaluma within a:SCTBI,A,.to be established by the
.
Sonoma County Board' of Supervisors substantially as set - forth in the attached
ordinance.
U a
nderthe�power and authority colliferted upon this Council"by the Charter of said Cite
REFERENCE: I hereby certify the iotegoing'Resolution was introduced an '
n I adopted. by the Approved as to
Council Vular) (Adjourned) (Special) 'meeting form
of the City,of Petaluma' at a Wn
on the ............. 'day
of ........ 131111 ........................................ 20.k, by the
following, vote: C ity Attorney
AYES: Mayor. Glass, Healy; Vice'Mayor Moynihan, Thompson, Torliatt
�: O'Brien
ABSENT: H=is
�
AT PEST:
................... I ...... . .... ...........................
. ...... ... 7/....
'Cit3 Clerk I . Z�
Mayor
Council File .......... ...
ke;.-No. ....;-26.044.23 N.c.s.
I-Mus : A
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NO.
.A-N DRDDNANCEOF THE BOARS OE SUPERVISORS OF THE COUNIT1 OF
SONOALAL STATE OF UTA
I - -ILELISITENG THE SONOMA
COUNTYTOURISM BUS
INESS DIPROVEYM NIT AREA
Th&Bo-ar& of`supervisors.Ofihb County.of Sonoma State; of Califo
niia, ordains as
`follows:
SECTION L
(a:Y Pursuant to the Parking and Business Improvement Area Law .of 1
Streets and IRghways Code stotions, 36500, et st this . Board Law")'
q...(the"
adopted Resolution No.. entitled "TITLE declaring its intention form..a btsines
5c =g I on to
improvement area .within the boundiari the County of Sonoma, to be known as the
`-' County Tbunsin Busimess Improvement A-rea.,"providincr fdr thel
ei J of an
assessment and charge to be imposed therein, ".11, the time and place, for hearing and
Cri
g iv , in,cg notia,e 'Dftht, hea m
(b) Resolution No. was duly L
PV41i§hed, and copi thereof were mailed, as
Drovide�a by
nn the formation of the
area 'in. Res ohition'No. a�hea
cr con=
ar ta W M_] before this Board in the Board's chambers at
as hzldLon 2003, at [ti me]
D `75 A
.riministration Drive, ;Santa Rosa.
.(d) At the heari all protests, both written and oral made, or filed,, were
consi and-" du overrul an d, d dn- d, an this B oar d deten i n e d that th ere was no
,maj protest to, the formation of the Ar-a within the meaning of Section 36523 of the
Law.
P ursuant to Section 3 6S21.5 of f the Law, the. County. m of SDno a may not,
foam .a business jLnprovemtnt within the territorial jurisdiction. of a cit , v ithout the
jurisdipti
consent of the city council :of'fhat,city.. The Board has: mcoived:Yesoltitions - providing VI
such constntfrom each oftht following cities: [list]
SECTION IL
Chapter 33I, pertaining to .the creation of t Sonoma ;Count? Tourism Business
IIn M-Mt. Alta, is added to the S onoma County Code to read as f6h ows:
7
CILA-TTER 31 SONOT�iA:C()
,,,M - -
BUS D\E
ARE.A_
Section 33-1 -_kuthori .
This chapter is - adopted g and. improv Ar
Pursuant to the "Parkin e
Law of 1989," Sections 35 00'et, of the. California Streets ,and Highways Code, and
Resolution No. adopted'by. the B oard of S on DATE.. Such resolution was
published and mailed as prb by law, and hear -arin ors ther eon w ere held by the Board at
a public hearing; on DATE, time all persons dekrinc to be heard, and all
0
obj ections or protests made or :516d were fully hoard and co - o
nside The.Board duly
r-
concluded the hearing on [datil and d6tonnintd that protests obj ecting to the formation
of the Area had not been rtc-lived,froni the owners of I lodging bus'
-inesses in the proposed ,
Area which would payf 5 0. p erc ent or more of the Ass pssments prop os td to be levied. The
Board of Supervisors' finds 'thAt "the Ass,es sments levied on,.Iodg c businesses , pwsuantto
this Chapter are based o the estimated benefit to the assessed lodgi -
UP L: MICII businesses
within the Area, and that all operators' S o l odging businesses the Area against whom
Assessments .are proposed to be levied willbe be-nefited by the e xp eiiditure of funds
raised. by the. ssessments.
Section 33 Defmitions.
Except where the. context othtrviis
e. requires, as used inthisChapter:
."Ada='statj.Vt: Tee" means z, fee equal to the ,aztual osts..of'Doll5ctioia and
administration, not to Of tht"am'ount of'Assessments collected,
which a C tntit am
DE c tm_l c, 'Ent� is. It& to rot from the ks§5ssments collected within their
respective territorial j
"Advisory Board" nipans the a6visory board appointed y'the B oard of
Supervisors puir'suant to this Chapter.
" Annual Report" means the, annual report r6quixtdb 3 of the Law.
.y Section '6 53
"Area" means the 'SOnc CDUI* Touris SMB". I u im rovement Area created
by this Chapter land as delineated in Section 33 -3.
means the levy os:
imp td by this Chapter for purpose of funding
activities and programs DrDnlDtinc tOUr1SIM M the Arta.
4, B , oa . rd,of - .Sup,-,rv-isors'° imeans the Board of Suptrviso.rs of the Count�i.of Sonoma..
"City" or " Cities" shall mean, Individually or c011ectiveiv, as the cont=)ft may
required,, various. Cities or Towns - 0i. Son County,. excluding, those .Cities; and
Towns t1 �-Z-havt not consented To th imposition of Assessments withir,th=ia territorial
jurisdiction.
C- ity C , ouncil" means a city council of "a City.
'.'Cbll6c Entity' within the
Tin"g, ' I") for Lodging establishments located vdth
territorial jurisdiction of a City'thathas,ant-Ted,:into an-.adtninistrativ - with the,
e-agreement-,
Countypi4 to ;Stction 3 the City inwhich Lodging esiabli6linaent
and for ail other Lodging establishments, the Sonoma C ounty Tax Collector.
"Contractor"'racans a non-prof h or for-profit entity With C
which -the, County
'Sonoma contracts to carry out.thb services activities, and - programs to be, ftindtd b
activ , Y,
revenues: from.Assessments.
"Count eans the Cminty of
S onc)IM.
`Lodging " .means any accommodation: con sisting of :one (1) or inbr- r ooms or
othr liing- spaces which are occup 'intended or:designed- for occupanc by
Tran.sients- for dwelling lodgring
or. sleeping u1poses. Such term incluiaes any. hotel, m
tourist home or hous'e, motel, studio hotel,bachelor hotel, lodging ,house, b hous
apartment house, dormitory, public or private club,, recreational vehicle park, or pubh'e dt
private campground.. The term "Lodgi does not includt;in organized "
Camp, as that
ter is* deli ned in S)ebfion 18897 of"the Health,and Safetv Code. any establishment
- Deat5 V a public or non-profit tritit exclusively for fhe.purpose, of providing
temporary. shelter forthe homeless.: � -
ac , desi
Activitie means ' ' d to rn arket the.. Area. as a to
:, , u. list
iarh-eti4,
destination, , including the expendituue, of funds to plac't adve-rtisijaa in any media, - -o * duct
c n
publlc'Te .Iatians campaigms perform marketing research, conveniiots and trade
stry, f
�T-!, and fogter improved contacts within :the Havel in du 0 r the purpose of
Pr.01T 0 iolitism: wf�ai the Area.
Ocaupanoy. the use or
possession,;or,tht right to the use or 01
any one or more, roams or portion thereof; or other ilijim*g space, . in any Lod.p
dwelling, lodging, or sleeping purposes.
"Operator" meats 'tlae, who is the proprietor of th e Lod a, wh ether 11 ,* e,
-CIIM= in the
capacity of an owner,, lessee, sublessee, InorIg4gtC in .
-Possession, "li or _other
capacity. Whm the ape-rator pel his or her functions t1rouc-I ampmin& agent of
an- or character other than an employe the n,
inana i gi g agent shall also be .deemed
an operator for the-'purposts of this article; and shall ha the same duties,- and liabi-I
as his or her princ I ComDli nth -a pr ovisions of this artic by either the
. I - - A`c'- 11 1 1 C
pr or the maniag;rig agciit shall, h
how- WT be considered complianc-_ by both.
"Parkin
and Business , Impro Area'Law of or "L 1980� aw" means the
provisions- of California Strects"and 11igh
ways Code Sections 36500 to 36551, as they
nDV' exist or are hereafter am'ended.,'
"Person" means an individual, from artnershi Joint venture,, association,. social
club, fraternal organization , joint
stock -company, corpor 'Jbt 6s
au , tate, trust, business trust,
receiver, trustee, syndicAtt,or'al'237 other group or combination acti as a unit, or any
publir, agency.
"Tent" means the obnsideration charged, whether or not rcceive-a, for the
o ccupancy of a space in a: Lodging valued in money, whethe
9 to -be received in money,.
C'DOdS, labor, or otherwise i clu
In ding all receipts, cash. - cmcht'
s, property, and services of
any kind or nature, without deduction therefrom whatsoever.
"Room or other living a sp�portion Of any roo cc" mcans,,a room. or any
Lodging any tept cabMi or any . �spac . z designated for . loc m. in any
aeon of mobile home or ho'use�.,
tjr tent trailer-, m6reational.,vehicle, tent, or other movable 1iving space.
Sonoma County : T *SM.BUreau"..or "SCTB" means the Sonoma, Co
pun
unty
Tourism. Bureau, Inc., a C utual b ti
4ffirniamonprofit Inu corporation.
on
-sonomal.CbuntS Tourists Business Im -
means that area creat e
by this Chapter as a business iiiipro,*vein-,nt area pirsuaht,.tb the !Parking and Business
1m of 1980.,
"Sonoma County Tourism Bl.qincss Improvbm . enf-A
roa Fund" 0.7 "Fund" means
,the_ fund created pursuant to. Section 33-7 rthi
D 10-i this Chapter.
"Tax Collector" nac-an& tht Sonom'a County Tax Collector.
"Transient"intans any Person who - - Xciclsts occupancy 'or w ho is entitled to
W
occupancy by reason d perm n' 'S license,' her g g-territnt .
right of acces or of a
for a p eri od of thirty. (30)
cD11St calendar days or less, pomons of calendar
days as full days AtY such- pers so Occupying space, in 'a Lodgin g shall - be. dee'mtd to
be a Transi'entuntil the, period of: thirty (3 0) days has expired unless there . is an agreement
M , writin g b th 111CY
-tweth t. operator and the Occupant provid for a longer period of
occupancy.
Section Established --Description.
Pursuant to th e Park-ino
and Business Improvement Area Law of 1989, aparking
and busintss improvement -ai a,-is he
er6b established, to badmown a&ibt "'Sonoma
Count7Touii.s The boundaries of the Area- -,s
are th- amt
as thebbundanibS Of the Count�7 OfSonoma,'but tho Area. does not include the teriltolyof
any incorporated city M - S onorn. Count
y that has not consented to the fonna of the
Area within, t tenzit6nal jurisdiction.
Section `33 -4 Authorized Uses.
The-purpose. of fb_= theArm as a business Law is
Cr under the
to provide ,revenue to ' pro e.
I activities-- d pr o g rams t hat
and encourage tourism v4t± the Ater.
trAtors o Lod"gin -
establishments pa)rm iuthe Area throt
gh.the promotion of the,s
recreational- cr ons in Area. - , P t . sjsh all
be used t�; conduct I�!Iarl et cultural, -a d-b.ther attra i
Revenue ps�men
g, Aci -vities designed to increase overnight visits to'the Area,
Rtvenups.--fi!oi�, Assessments Maybe used for, ie -
s,services, an fi outside
the Area I f
such 'programs, -services, :and , activities - ,am'desi"o-n6d to promote and`
encourage Revenues : : from Assessments- may also be use to
pay or reimburse, administrative costs incurred byfhe. Cont r actor : iia
ontractor or of
connection vith thb: Bureau 1 creat� eau
trajisii1ola'of"the, curre'lit County-operat"e-d tourism rnarlcebncr program
"n to idle Contract'
01,
and , the oT costs , 'ssdclatedwi �i�cetjacrAc�.vitl'eg;'Pfb�l,id.-d,
hc►wevcr, that the ^ountST';s. a th, theMa
reimbursement for Assessment collection costs is; imiit a8
5d
. pro,videdin Section 33-6.:Revenues fro Assessments c ollected in -th5..Axba mk7;not be
used for anypurppses other thariAlios- set forth above.
•
Section -Imposition gild, C
011ectibia of Assessments.
(a) E ach Op erat o r o a L o d giz g est g ,-. n - a total Rzf during e .
g
pre- -ding...cal=daryt-'. J.
g all of greater than Three Hundred Fitt Thousand Dollars'
(S3 5 shall pay as an Assessment ercent (, of the R
N
ra-elit P
charpd'Dy the Operator.
(b) Each Operator of a Lodg ng establishment subject to asses s itent under lis
Qhapter.shaL, 67 before the last day qffht month.followina each,c . alendar quarte or
at the end of any shorter reporting ppriod that I maybe ettablishtd,by the Tay. Col'totof,
mallct a re-tuxn,; to the Tw, Collector, on forms. provided by the TaX Collector. o -total
rents charged by the Operator and. the
amount of Assessments DWBd..fCT such 'alendar.
quarter. At the tiitt the r5turn is fled, the Rill amount- kssessments owed for such
calendar quarter. shall be rtnaitted to the Tai. Collector. Notwithstandm' . a the foregoing,
Operators of L establishments subject to assessment under this Ch apter located 112
Cities that have -.nt6Ytd into aO'r._I`n-
ilts v the TaX Collector puTsuantto Section H
shall rt- and remit A_ssx as re q uired - d bY the; applicable Coll-6t I ita F_ntty.
The Operator - of a g
o
Ldincr L
I . _. _`) establishment subjel6i to asssessroenl under this
C hapter shall be sojej-
OnSibl-tIbrpaymg all Ass when due"
3 the- fo liag in e vent that the Operator of a Lodgin6 establishm.,wnt
elects to pass 011 some or all of 'th e; a.Lssessinent to Transient-customers of the L odging
L.1, gMg
cstablishme.3 the Operator of Lodgm establishment s
establishh
. .0 all,scparat-_, iden or
iteninze the Assessment On an document provided to a. customer Assessments,'I 0
the Optra�tors of Lodging establishments purs
ant to this Ordinance and passed on to
ourtomtrs are not 13art of 'a Lod ..ginc, establishment Optrator's,rtnt gross receipt: or
1
goss revcnu.-s for - Purposes of this Chapter or Chapter 12 of thff Sonoma County
Section 334 Colkictini- Entities; Administr Re&tr
atiVe Fee,,, ation.
(a) The Tax colhector..nlay ente into a g r eemen t s
the
Vith, any Cit7, under -, ,VhiGh
' Shall collect the Assessments leviedunderLthjg
T - .0 �- ' "th L' Chapter from Operators of
2 �� 2 1 located ti . Cit t f tht,City Such ggre L . , . be consistent
P-. te t emems
with th6 provisions o gjn�
of th is Chapter, Pp-erators of Lod" C'"s , subject to. assessment under
his Chapter 10 cai5d within the: teirit of such, City shall file, . at such times as the
any
Collecting Entity shall specify, .information returns containing , �t p 2 j r - - , num, e ount
of Rent th e the am
&rg t d an d,. th e L alt-oiInt,of Asscessments owed 'for - app Ih , plic, reportim... period,
and shall renait to the Co llecting Entity the amount of Asstssmtni,,s 0 w - ed for such
reporting peri6d.
Chi) Each C61.1ectind
g �Enji (including the Tax, -cto
C r) shall be. entitled to
charge an amount equal to its actual
Costs of collec n a �, * d , not to exceed
two p ercent (2 ° r. of'
Assessments collected fToLm-C)Pbrators:ofLodging
esta to dei'517 the - -ad m-i i - b
nlstra vt costs b:1currtd.b.31 tht Coll'acting Entity for the
operation of' the Area. NO
thtIor In g, fo th
t years of the
Arta,fl-IttWO - D - -rc--nt � (2,"/o) * isiratiVt shall be charge iL full for extra
, I ad Milli fee ordinary
54TOrcem costs and other re. unforeseeable costs. �jl
oessitmts collected by
any City, less the, aforementioned ad�3nnist-atjv- f ee ; 8hall'be transferred to the .Son oina.
Co
i - I.e , - untV Tax Collector -�N7ithm, 3C),
V
- I i - I .. _ followinc Colhection of tb_t-A,"S�e . Ssm.5nt by the
applicable 1 'able. City. The S o n o Mia . C ount3 7 T a ,, C ol lec tor
VdIID,ot char an administrative fee
for Assessments collected by a C* if to. do so would imp p I
u ld result in the Os tion of -a total
administative fee of greater than
Each Collecting Entity ma .requim each Operator subject to assessment
mad-_r this Chapter to register
with the Collecting Entit and to provide such infon
as the Collf--cti Entity deems nece to enable the jltct ty to collect
- Co llecting
Assessments-due under :this :
kesdimion No. ?004 -123 N.,C.S. pave.7
•
Section Fund..
, A special fundAts I c_ w.tht "Son oma:CD"Ljnj�7 " Bus intss improvement
Area Fund" is hereby created. The Son oma
County Tax Collector 'shall place all
.Assessments collected. or remitted hereunder into th Fund. The r
revenue - fi:oln the leery of
Assessindnis. within the Area shall,not be used f any •
purposes other . than those set - forth 1 , ,
irr Secilbn.233-4 of this Chapter:
Section 33-8 Deficien - Peenaltie&.
Any Operator sub
'e to asptssmett'lln I 'this. Chapter remit
CM17
any assessment unposed by this Chapter wjihm.'the tim: shall pay, a pena)t
tona (10) percent offhe amount of.the
p assessment in. addinoii'toilie 'Di�intof th
am
assessitent•
(b) Any Oppr4tor sillojePt to ass-ssme-ntundtr this Chapter who fO s to remit,.,
any.dolinq'uemt_ remittance on.or- before , a i od of thirty days ,followm`
the dak' 4pon
whi6h delinquent 'shall pay a second delinquency penalty of
ton (10) ;Pprceiit ofth-e amount of the assessment, in
addition to the ambiftif bf-Ahe
assessment anti the ten pea cent penalty first imposed:
If the So no m a o' a Coupty"L ax Collector or applicable Collecting E__ntit3,
dettl=i es! orf-anv'rem doe und er Chapter"' ' er this is due to -fraud,
pL penal t z.
y of twenty -five (' percent of the amount of the Assess due L.shall be
n
waded thereto in a4ditiou to tht penalties set forth i subsections (a) and
, (b)
section• .
(d) J;h addition to, any e
, n Qties imp osed hereunder; .any Operator who fails to
remit MY assessment' imposed by tlui-s Chapter t
when due: shall pay.in= thf"".rate
interest
p er month ors tt�e, unpaid balance of the assessment; including petaltit:-; firbm. the date oj2,v'
wh the rtmittanc;c firft btcaite'de
quen until
Maid.
S.ect-ioh De-iermiriatio of Asses'sm'ent upon Nonpayment
(a) If any Operator subject to as§essintnt under this Chapter shall fail: to, malce
an�.7 r5port,or remittance of Assessments w itI.-ji the -
tune provided in this Ch apter, the
applicable CoHecting'Enjit3. shall pyoc-ed the mann it deems best o t
t t,b
in air. ifa.clt& and
infoi which to -base, its esti, at- o the l due, and shallthereafter
im
datennine aid .assess acr.ainst nt
.
the Operator the assessment, penalties, andie
1� rest dut
pursuant to tlai Chapter. Iii any cast where such. dtt-_nfinafio ' ..
n is made, ffie Collecting
Entit�; shall ire a notice ofiht amounts so assessed -
Y se rving it personally or
"r
3
depositia` it in the 15n1ted ,,;tares mail, postage prepaid, addressed to the Operator at Hs lass 1. -.own place of aadr
(b) The O_paratar a31, within ten (10) :calendar days 'after the serving or
mailing of such .noij.ce, make applicati iil writing to. the Collecting Entity for a hearing
pp t
on the amount a sessed.,, Tb:' a Collect
is considered lnada when mailed. If application
b the Operator for a,he he" C
y p a n,,, is not made within the time prescribed, the:Assessments,
penalties, and vl +erost, ?f an dete rein by the Collecting EntitS� to be. due shall become
final and conclusive and'imamediately due and payable, .1f the Operator mwl:es tinleiy
application aor a hearu;g; file Collecting Ent tS� shall .give not less than ten (10) calmidar
days' ti��-en the'7p�rator as :prow ded.herein of tha"time.and date• of the.
hedrin�;. At then acing, the Operator may appear an offered deuce as to wny the
:amounts specif1.e6 m the Collecting Entity's .dete ain at on should net be fixed.
(c) After such hearing,. the Collecting Entity shall 'dete the proper
assessment, penalties, and :interest to be remitted, and mshall thereafter• give written notice,
of.came to t le .
O +:erator, �I �thrn° dirty (3 0) calendar days of th:e he The CoIlE;ct ng
Eniit;�'s dete�inarion shall be zes
p uuzed to be correct. The amount tletermin °d te, be dual
Shall be payable afier,fift,een calendar d
ays from, the date of mailing of the
deterinataon, uniPss an appeal is taken pursuant to Secfian 33 -10 0 this Chapter. At
any appeal, the Operator has the ofprovi' That the Collecting Entity's
dotcanaivatiori is incorrect.
:Se tioh 33-10 ppea s.
Any Operator subJec't M assessment under tl is Chapter aggrieved by any decision
csf tre
colItCtm Enzi1 -- '(11 respect r
p, ct to - amount ai Assessroents , penalties, or interest
imposed unc?er'thrn Chaptermay appeal to the Board of Superir sops by fili�nE a notice of
apl,eal with +� Co 11ty Cleric and a copy On. the Tax Collector, within fifteen (15)
calendar days ;'the- Servim� or rnailn� ' of the dete mm atim"by the Coll E ntit
�y. .
T card of Superir sors sllra11 file a nic e and place for Bearing: sub- b.appe4" and the
CouLr3 Clrl: or the Tax Collector shall give notice to the Operator ttiy r�ailin, such
notice tc t,1e operator, at its last to own place of address. Tht time ofthe hearmg Shall be
at least + �. calei�dax days after thz inailin� of the notice. Tie Ta; . ollecior shall present
the atccr to th'e Eodz,d. of Sup' -z 7isors and include. e vidence. submit cl .G the Operator.
The Ta,, Collector shall also include proposed frndm' , -s and a resolution of the appeal. A..
the heal�?g, the `T ar C: the Collecting Ent a nd: and the Operator shall have an
opponunity to e� pla: 'thee case and introduce ether Statements or evidence. „ The Board
- � � ✓ unable tune limits. On each pa..rtt5�'s p resEnzation, The
of S��pervi'sor�; nay vnpose yeas
findings of the,- Board _ f`8 uptnllsom shall be final and conclus =�e,, and shall be served on
rile C)peratGr as prop %id_ed in Section � -9 of this Chapter..�y aiuount found to -be due
shall be inm ad-- lately due anal payable.
e 2004-123 RCS; Pace 9
Section 33-11 A-ssessments, D"
ue. Deemed -Debt - to County; Actions to.Collect
. Any assessment, ,p r to bcpaid by any QP -Tator S'6jecvto
assessment under this' Cha
pter shall be deemed a deli, owed by th-t. to the
collected from a Transient by ari whichIas not been.
Co Any assessm6i:itt S
paid 1`66 the Coul *.. shall be dtt med a debt owed by 1�jc c
_)p,.ratO the Cbiint,37.
Operator owing mDn--v to the Cou nty to 17-Ass sinents under -this Chapter shah be liable
'tC) anacti brought : :in the:nwhe of the. C i�ntl
0 far 'the re Of the , w2jount of debt:
The Co'unty shall be 5ntitled'to* recover "from an"Operatbi found liiibl for W.L io debt, or ally
part thereof, any costs, includ att *bys es 0 M� fe Costs, u other expenses
C. - fth
inqur-Ttd. the, aunty because 0 Of the Opezatorlo t Ttnlit
Ass6s,§fn6nts, penalties,: or - interest to the cmnty.
Section & -12 Refunds.
If an, 'penalty, or ntiarest bstd by this Chapter Lq, b bet, ove or
paid more than: once or paid in emor, or has been , ill cat
ie�
_;aL
C unty e' d.m be: sou by:fdim ;a. claim accord roc, to the procedure set forth in
Sp ax, fun . ay sought' 9
:Chapttr .Article 'V of this 'Code::
Section 33_,13. Violations.
Any DDerator'violatiiig 4nNy of the h be I zjjijt-,7,of�a
ns b f t hi s a-5ter sh
'i aisdtnacanor and ,sha 11 b D ptnishabit as provide'd mi S ection 1 -7 of�s
I addition the Tax C L 011eftol m ay pur . sue:-onlbthadf-of, Jae,county . a 6i��!I or
t - w
y
adminis, ve remedy -other wise available- Rij-1 - 0
C to COM 13 with the r&'qu.1rbDaqntS.;Of
this Chapter.. -If the CbWAvPT iR,such action or proceeding, _ 5 County shall be
entitled, to r5coyt its casts-,, M g atto M.- PYs''I`e
ptrsoniael. absis or biher expenses;
incurred btbaus6 oftlie failure to comply with the provisions Of Ch4ptet_
Section ,33-14 Records.
Ev ery Op erator of d L o d - stabILQhmnt subject to assessment under this • Chapter S12a111 ke;P W-C preserve for.,a period of three years', all records, as aia) be
RcCessar 7 to deters inn the -ainount'of such zsessrnent as he may . have been liable foT'
th
Collection, O:f:a"nd,paym to the applicable CbRectingEntit,7, vihibh records the
apphc�able, Colltoting Entity and the County ' of Sonoma shall o inspect . -at a
all.1a,9vt the n
reasonable t1ine. and (24) hoits" ' r vjriti not
p I rM Ict.
Section 33 -15 k.'d .hoard.
•
,AM Advisory rs is hereby created to c
Boar&conaprised'of fwt (5)
axITY OUT
the functions oT'all advison boud under the Law. The I`ne.�nbers of the Advisory Board
W
may be nominated 1?v: and be members -of the board of directors of the Contractor, subject
to the aLprovai of the B oar d of Superi isors:.. Members oI' Advisory Board shall serve
at the pleasure of the -Board of IZI . v sors and may be removed by the Board of
.Supervisors at any time. The Advisory Board shall advise the Board of Supervisors on
the amount of the Area's d ssessments, and on the services, pre,gralns and activities to be
funded by the Assessments, and shall perform such other duties as required by the Law,
including preparing the .A=ua Report required by Section 36533 of the Law.
Section 33 -16 ..1 d ista.aW ion; -SoYnoii a Courity :Tou.Hsin Bureau.
(a.) it e County .of Sol om�� may =tra-ct with a Contractor to carry out
services, activities, anal programs to. be f7anded by revenues from. Assessments, as set
forth in this Chapter and th:e.Law, - and as specified in .the'appheable .Annual Report. The
Sonoma County Tourism _;B, .eau isler-,by designated to act. as the: initial Contractor.
Aw contract between the Count-; and the shall conform to the provisions of
this Chanter.
ti`b} :due :. :boar, csf directors of the Contractor shall be comprised of '2' memmbers. .
Directors shall be appointed by'theBoard of Supervisors; City. Councils and by the
lodging industry in proportion to the respective f nancial contributiou to the operation of
the Contractor made bythe County (from transient occupancy tai: receipts or other
sources), the Cities (from transient Occupancy tax receipts or other sources) and the
lodging indUs;ry. (ADM. scssMent& under tLis Chapter or other so" ces }. The. number of
directors apG�oirited by Cide-s slsall be based bn the collective financial contribution from
all Citi The, right to a ppoint..a- director shall not:vest until pro -rata: contributions, eq;uai
or exceed the arn.ount required TO appoint one 'director. The lolling industry shall appoint
as d recto.M op -.zatols of lod'ng establishments from each bf the.following' categories:
(il _ units or fewer; (ii) �c -75 =nits; (iii} 76 -.140 units; (iv) over l40 units. iSppointrnent
of directors by th.e .lodEdno >udtasta;y shall be. made based upon the percentage of
sessmenis conic :ib��ted b.y each iod irlg pe ;.pro��i ded, hotaeve:, that 3i0 less.t;lan two
n r ruare than five directors. shall: be - appointed from any one lodUin:c =catetrory :., and
provided frn Jihat.nn less than t<vo nor iriare`.than,five directors shall be opera.t;,r^ of
;.odUi.n 2� establishments located w' itltin each .;-},grate Sononsa CoUUtjr supervi', orial
district. Directors appointed on behalf' of the Count}I or the Cities shat be appon�.ted by
t=he Board of Supervisors or City Councils, as applicable. Such directors may tot.be
members of the -appointing bodies, b:xt shall be operators of iourism- related. business-;
Within the Area, or' employees or- board nit mb--rs of non - :Profit' entities within the Area
Ca out aL, j. tie; to tourism within Sonoma County. In the event the
:oritractot chazaes the compnsitior, of the board. of directors, the Countynsay
3trediataly terminate the contractor. 1Vieetip.g s of the board of directors of fue.
C. in.tractor'shall be noticed, publac, ; and held in conformance with, tht'provisions of the
Ralph M. Brawn Act.
•
T h , ccjntrD. 6 t Witli the C o ntr actor shall reasonably specify thb "-MCEZ,
U to be ptm�d
pro gr ams, and ac
- tivi '' 2 -
_d by the Contractor, which seances, pro, 4;ns,,end'
acii - vniftes,shaE , be in. conformance wiih'the - Th'- C'
applicable Annual R. F_ oni, acto
'Ide v to -ffi- A
MaN :-)rQ"V a n V - S F-',7 I
T pr og rams, -or activities that promote t - UnO L
thoutrecyaard.tothe, =Latiom set forth in S
3 3 1 6.
prov dthat-s-.1773
Programs., or.activititsnot authorized by Sect io n "34 usin&
ion 3 may not be, paid fob revenues
h7orn Ass�assinenjts. Prior to contracting with a Cohiractur, the County shial]. obtain n a
budget from the Contractor -showing to, th satisfaction of the Coun7.7 that-tht. ru eD :ues
fromAss'essments;. and Ill'othet 'sources to be paid. to the Cmtracto-'EaLr- sufficient to
b th t Cont.ractor to' carry out the
p services, programs, and. activities
annual plan. The contract vrIth.-th-_%: Contractor , shall' contain provision BEcwm-'-:th-
Q01mry to ihspect the Coniracto-T's records, tbT')erfo= audits and investigations, or to
obtami from. the Contractor as the County deems ntot ensure that rrvenlies
from
Ass- sments are used only as set forth in the 'contract - and as permitted ujad. this
(Daavtez and the Tmaw. The contract: shaE - may - be - terminat-d th' C"
provide that it DY �5'�..-DIYMTLY,
with - or without cause, on no less than thirty (3 0) days' notice
. fd) The hoard: of , Supervisors m a y , it -1-
its sole discretion, rcri�ove the
RC B or
successor Co ntractor at any time. Upon.gacch removal, the Board. o "Su may
L select and contract with a successor Conuactor or (2) provide the'szervk-&s.
progzara, aiadabti�ifies set forffi in the
applicable Annual PepoTt with the Couat .'s own
forces, in vihien case, the County may obtain..Teinybursement for serciccsperfbnne-d and
expanse's incur ed.from revenues fi The poinpositioL of t1 e 1 -bad of
i
-1-s 6r Contractor must be substantially sfir t the c, f. 0 -1 ,
directors of successor ai o e s
th
tlaeboaa7d of directors of SCTB as s fortla Su bsection ` 6 aboV--, If Ej -o'
eT 0 ard' i
Sup;:mvisors cloes not select a successor Ccintractor, the Board shall appoint an A.dvlsory. .
Board:, -whos, e. members must- b e Op erators of Lo da:� e. stablishments subject ct to
ass tssmtnt undtr this Chapter.
7D.t contract with the Co ntractor shall. be administered. oii be hall of ffi. -
"ItY , off Sonoma by fal- Director of the Ecionorai c Development Doaid, who may
authorize, disbursements :[rom' - the* Son To
Un M.Busm lmurovenleuf
Fund solely for the. purposes set folth -M' Section 3 ? -4.
Section 33=-17 Modification or Disestablishment oftjae'.krea.
(a) The Board of Supervisorsjr)y ordinance; pro visjOins-o . f this
inodib the e,
Chapter and may disestablish the .4-rc.'
a, after adopt'
Mra_ 2, resolution of intend on'to such
effect: _."")uch rtsolutior- shall describe the proposed change or changes, or in dicate thai it
is propost-d to disestablish the area, and.shall
state the time• and place of
a hearing to be
h e ld.
ervisors to con by th t Boar o 'L SIrp . , ns�ide the. vropostd action.
�) If the :Operators of Lod`PinR , nln
' a
tstabl:st-_nts which pay 50 percent or more
Of the Assessments' in the Area file a petition wrt the Cl eJ.l of the Board of Supervisors
req_uestu2 the Board of. Supervisors to adopt.a resojau''on of' 'ention to modify or
disestablish the Area, ,the, Board of Supenrisors shall adop* scn resolution and act upon it
as required icy. Section 33 - 17(d) below and the T ap. Si? natures on such petition shall .be
those oz a duly autinorized.representatiUe of the Operators ofLod�ing establishments in
the Area that paid Assessments in the prior ca,;Zendar quarter:
(c) In the :event the resolution proposes tc, mc:ail v any of the pro��rs]ons of this
Chapter, including. channs.in th`e.existing Assessmnts or in the e stun; boundaries of
the Ar. ea, such proceedings shall terminate if ro�test is a e e�
p he d v t operators of Lodging
establishments,paying 5'0 percent or -more of the.;Assessments iri the Area.
(d) In the event the r esolutio proposes d:sestablishment of the .Area, the Board
of Supervisors shall disestablish the Asia; unless at suchhe protest against
d sestablishment rs,made by theOperaiors.o Lo ' ' establishments paying SO percent
or more of the hsessments m the Area.
SECTION M. If.any section, subsection sentence clause or
. phra of this ordinance is
for any reason -held to be uncorsr?;rutanal and invalid, suck decision shall not affect the
validity of the remaining,pbriaon �of the ordi narce. The, Foard o Su erv'
p isors hereby declares that it would have passed this ,ordinance acid el sec�tiotZ, subsection, sentence,
clause, or phrase thereof, urespective of ttne fact that anv'one or more sections,
subsections, sentences, .clalases or phrases be d' dared unconstitutional or invalid.
SECTION Br. This ordunan'ce shall be an
d the samt; is, hereby declared.to be in full
force and: effect non-i and after thirty (3('•) days after the dste of its passage and shall be
published once before the, expzi , n oa' .. peen l >>
( ) days after Lgard passage, with the
names of the Supervisors z,otinc for or aainst the sauce, in The Press Denzocrat, a
newspaper of O'n purl.ishtd die, County of Soncima, State of California.
C7
d'*61t tion No.2004 -123 N.C. D.— T
It'r -wiar sws,iox� 01 t?z„ hoard o� Sup �rvisors of th . Coun of Sonoma passed
and adopted this ddb; of. 7pp�
. on rew roll call of the members of said
3oard.by the rollowmEP vote:
S UID
•- I rrS
SEl` TT
d ap d
adopte O ! tu� Chair declared the above and roreaoinc ordinance duly
SO ORIDERED.
i a
Chair, Board of Supervisors
County of'Sono�na
ATTE5
EEVE T..L 'ler : and
en- offidio Clerlc of the' Board of 8upenrisors
RESOLUTIONT NO,
KEEIROLUTION OF THE BOARD, OF SUpEp
'
��qSORS OF T. COIJNT—Ir T OF
SO-NOMA, STA-TE, OF CALIFORNLk_ EXTRE-QSDzqG =I =ENTION TO
ESTABLISH A BUSI DAPROVEIVIENTAREA..
Parkingznd Business improvement Area
WE1EkE_AiSjt1 has. been proposed that a
n a ;
Parking be establi. _shed 7in accordance witb the ParlLingand Business In Area
law of 1989 (Streets and Highways; Code §'§ 3 6500, 0 , et. seq. [the "Law"
j) enco
n �p as s i n
all of the unincorporated- area of Sbnoma County and the area of each City In Sonoma
County that consents 110 be included in the BLk, and
WHEREAS the name pr
oposed for the BIA is the "Sonoma: County Tourism
Business improvement Area," and
WHERFks, the activities proposed t bef�mdedbythe,levi
0 7 _of assessments are
nmrketi4g: activities that .promote-and :to,urism within the BLA. and increase
0veT11io;h1'v. the area, and
WHEREA$, the assessment will be levied anmually on the owners of I od
establishments generating total, rent during the proceeding calendar year - of more th an
5350,000,' who shall pay an assessment equal to two percent oftherent charged b
operator, and
WHER new businesses
[will OR will not] be exempt frD. thele`737 of
asses sment, for period not to exceed one year Boni the date the business commences
operatin in the'BLg,
NOW, T REFQRLq � BE IT kESOLVE
D YHLAT, the Board of Supervisors of
the County of Soria'= a shall. conduct as public healing on,th es tablishment of th e DIA and
the levy of assessments on
[a date not less than 20 nor more than 30
days after adoption of the.'R --solution of Intent' on], and
BE IT I< U' HER" R:ESC)LN D'TRA.T, notice �of the public, heats* c r shall be
P
_aiven in accordance. With lav and as s forth in S ection 3x52' ) of the Streets I and
Fil or
,hways Code, and
BE IT FURTHER RIPSODTD TEAT, at the public h-arihg testimony ofall.
e p
intersted ers ons � for
or against the establishment of the DLg, the extent of its area or the
furnishing, of t_ - activities Will be heard, and
T •
BE T FURTHER �SOL' D 'l: A T; at the public hearing, file Board, of
Supervisors shall rear and consider all oral .or written protests submitted iri accordance
with Sec ions 36524 and 36 25 of the Streets and Hughuays Code,
and, u written protests .
are received from the owners of businesses ID the EIS the will pay eft' percent or more
Of theAssessments proposed, no further proceedings to create th-,3
IA
or'levy the
assessment shall betaken for a period of one year from the date of the ending of a.
majority .pro�test by the Board of Supervisors.
In,regu.lar session of the Beard of Supervisors of the County:Sonoma duly passed
and adopted on this _ day of 2 004.
. r