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Home My WebLink AboutResolution 2023-140 N.C.S. 09/11/2023 DocuSign Envelope ID: EB544C77-7C84-4B28-85B7-BF6F3D9923AF Resolution No. 2023-140 N.C.S. of the City of Petaluma, California DECLARING ITS INTENTION TO RENEW THE PETALUMA TOURISM IMPROVEMENT DISTRICT (PTID)AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS,the City of Petaluma created the PTID on December 3, 2018 by Resolution No. 2018— 179 N.C.S; and WHEREAS,the PTID was created for a five (5) year term which ends on December 31, 2023; and WHEREAS,the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City of Petaluma to renew business improvement districts for the purposes of promoting tourism; and WHEREAS, the Petaluma Lodging Association (PLA), lodging business owners, and representatives from the City of Petaluma have met to consider the renewal of the PTID; and WHEREAS, the PLA has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the PTID, a service plan and budget, and a proposed means of governance; and WHEREAS,the renewed PTID includes all lodging businesses, existing and in the future, located within the City of Petaluma; and WHEREAS, lodging businesses who will pay more than fifty percent(50%) of the assessment under the PTID have petitioned the City Council to renew the PTID. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Petaluma as follows: 1. Declares that the above recitals are true and correct and are incorporated as findings of this Resolution. 2. Finds that the proposed action is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15273 (Rates, Tolls, Fares, and Charges)as the renewal of the District involves the establishment,modification,restructuring,or approval of rates and charges, as identified and analyzed in the Plan, including rates and charges to obtain funds for meeting operating expenses, purchasing or leasing supplies, equipment or materials, meeting financial reserve needs and requirements and/or obtaining funds for capital projects necessary to maintain service within existing service areas. Additionally, renewing the District is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) because there is no possibility that their adoption will have a significant effect on the environment. 3. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the Resolution No. 2023-140 N.C.S. Page 1 DocuSign Envelope ID: EB544C77-7C84-4B28-85B7-BF6F3D9923AF PTID. The City Council accepts the petitions and adopts this Resolution of Intention to renew the PTID and to levy an assessment on certain lodging businesses within the PTID boundaries in accordance with the Property and Business Improvement District Law of 1994. 4. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622. 5. The City Council declares its intention to renew the PTID and to levy and cause collection of the assessments on lodging businesses within the PTID boundaries pursuant to the Property and Business Improvement District Law of 1994. 6. The PTID shall include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Petaluma, as shown in the map attached as Exhibit A. 7. The name of the district shall be Petaluma Tourism Improvement District (PTID). 8. The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any officer or employee of a Federal, state, or foreign government who is exempt by reason of express provision of federal or state law or international treaty. 9. The assessments levied for the PTID shall be applied toward marketing, sales, communications, and destination development programs to market assessed lodging businesses in Petaluma as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which PTID assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan. 10. The renewed PTID will have a ten (10) year term, beginning January 1, 2024, or as soon as possible thereafter, and ending ten (10) years from its start date unless renewed pursuant to Streets and Highways Code § 36660. 11. Bonds shall not be issued. 12. The time and place for the public meeting to hear testimony on renewing the PTID and levying assessments are set for October 2, 2023, at 6:45 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 11 English Street, Petaluma, CA 94952. Following the public meeting, the City Council shall move to introduce and conduct the first reading of the Ordinance to renew the PTID and continue the levy of assessments. 13. The time and place for the public hearing to renew the PTID and the levy of assessments are set for November 6,2023, at 6:45 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 11 English Street, Petaluma, CA 94952. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623,no later than September 13, 2023. 14. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the PTID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the renewed PTID that will pay more than fifty percent(50%) of the estimated total assessment of the entire PTID,no further proceedings to renew the PTID shall occur for a period of one (1)year. Resolution No. 2023-140 N.C.S. Page 2 DocuSign Envelope ID: EB544C77-7C84-4B28-85B7-BF6F3D9923AF 15. Following a successful public hearing, at the same City Council meeting held on November 6, 2023, at the Council Chambers located at 11 English Street, Petaluma, CA 94952, the City Council may conduct a second reading of the Ordinance to renew the PTID and to continue the levy of assessments. At the conclusion of the second reading of the Ordinance, the City Council may adopt the Ordinance, renewing the PTID and continue levying the assessments. 16. The complete Plan is on file with the City Clerk and may be reviewed upon request. 17. This resolution shall take effect immediately upon its adoption by the City Council. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 1 It' day of September gMVAigned by: 2023,by the following vote: City Attorney AYES: Barnacle,Cader-Thompson,Healy,Nau,Pocekay,Shribbs,Mayor McDonnell NOES: None ABSENT: None ABSTAIN: None DocuSigned by: DocuSigned by: I I ATTEST: )62476 City Clerk Mayor Resolution No. 2023-140 N.C.S. Page 3 DocuSign Envelope ID: EB544C77-7C84-4B28-85B7-BF6F3D9923AF EXHIBIT A District Boundaries Petaluma TID City of P e.t•a I um a Petaluma TID Boundaries C M TAS Resolution No. 2023-140 N.C.S. Page 4