2022/09/13 City Council Resolution 2022-096 RESOLUTION NO. 2022-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
CONSENTING TO AMENDMENT OF THE SONOMA COUNTY ORDINANCE
CREATING THE SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
("SCTBIA"), REMOVING THE $350,000.00 THRESHOLD FOR APPLICATION OF
THE ASSESSMENT TO A LODGING PROPERTY AND AUTHORIZING
COLLECTION AND REMITTANCE OF ASSESSMENTS
WHEREAS, in 2004 the Sonoma County Board of Supervisors adopted Ordinance
number 5525 (enrolled as sections 33-1 to 33-17 of the Sonoma County Municipal Code),
forming the 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, prior to adoption of the Ordinance, Rohnert Park consented to inclusion of
the territory within the City limits in the SCTBIA. Rohnert Park currently has an administrative
agreement with the County pursuant to which SCTBIA assessments are collected from lodging
facilities and remitted to the County, with reimbursement of City expenses from assessment
proceeds as authorized by the Law; and
WHEREAS,the County is considering adoption of an amendment to the 2004 Ordinance
removing the $350,000 threshold for application of the assessment to a lodging property. A copy
of the proposed amendment is attached as Exhibit A. The proposed amendment is referred to as
the Responsible Tourism Assessment, and is intended to provide funding for increased
destination stewardship efforts to promote sustainable tourism; and
WHEREAS,the Law requires consent of this Council before the effectiveness of the
Responsible Tourism Assessment may be extended to include the territorial limits of this Rohnert
Park, and
WHEREAS, Rohnert Park already collects Transient Occupancy Taxes ("TOT") from
the same lodging establishments within its territorial jurisdiction that will be subject to the
amended assessment, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby consent to the amendment of the Ordinance forming the SCTBIA
removing the $350,000.00 threshold for application of the assessment to a lodging property and
directs collection and remittance of the assessments authorized by the amended SCTBIA to the
County of Sonoma in accordance with the provisions of the attached amendment and the terms
and conditions of the administrative agreement.
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DULY AND REGULARLY ADOPTED this 13th day of September, 2022.
CITY OF ROHNERT PARK
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Resolution 2022-090
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EXHIBIT A TO RESOLUTION
ORDINANCE NO. _________
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA
AMENDING CHAPTER 33, SECTION 33-5(a) OF THE SONOMA COUNTY CODE,
REGARDING SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
ASSESSMENTS
THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, STATE OF
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION I:
(a) On November 2, 2004, the Board of Supervisors adopted Ordinance No. 5525 (the
“Ordinance”), pertaining to the creation of the Sonoma County Tourism Business Improvement Area, in
accordance with the terms of the Parking and Business Improvement Area Law of 1989 (Streets &
Highways Code Section 36500, et seq., the “Act”).
(b) Section 33-5(a) of the Ordinance imposed an assessment on lodging establishments equal to 2%
of the rent charged. The assessment only applies to lodging establishments that generate over $350,000
in the preceding fiscal year (July 1 to June 30). Assessment proceeds may only be used to pay for
marketing activities that increase overnight visits to Sonoma County. In the 15 years since the
assessment began, tourism in Sonoma County has dramatically increased, with TOT funds rising more
than 63% surpassing $48 million annually, economic impact reaching $2.3 billion, and employment in
the tourism and hospitality sectors topping 22,200.
(c) During the last few years, natural disasters have taken a heavy toll on the tourism industry in
Sonoma County. The Tubbs Fire in 2017, Russian River floods and the Kincaid Fire in 2019, and the
Corona virus in 2020, have changed travel plans for millions of potential visitors and consequently
stressed local hospitality businesses. Moreover, evolving trends in tourism have also stressed resources
within Sonoma County, highlighting the importance of attracting responsible visitors that will engage in
sustainable tourism, respecting both the natural resources and local residents of Sonoma County. The
increased assessment proposed by this amendment will allow the Sonoma County Tourism Bureau to
perform its evolving destination stewardship role and is hence referred to as the Responsible Tourism
Assessment (“RTA”).
(d) In recognition of the need to increase marketing efforts, the same hoteliers who
spearheaded adoption of the original assessment have joined again to propose an amendment to the
Ordinance designed to increase available funding. Specifically, this proposed amendment to the
Ordinance will remove the $350,000.00 threshold for collection of the assessment.
(e) Pursuant to the Act, on October 4, 2022, this Board adopted Resolution No. ____,
declaring its intention to amend the Ordinance by removing the $350,000.00 threshold for collection of
the assessment.
(b) Resolution No. ____ was duly published, and copies thereof were mailed, as provided by
the Act.
EXHIBIT A TO RESOLUTION
(c) As specified in Resolution No. _____, a public meeting concerning the proposed
amendment was held on [EITHER OCTOBER 18 or 25], 2022, before this Board in the Board’s
chambers at 575 Administration Drive, Santa Rosa.
(d) As further specified in Resolution No. _____, a public hearing concerning the proposed
amendment was held on December 13, 2022 before this Board in the Board’s chambers at 575
Administration Drive, Santa Rosa. 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 proposed amendment within the meaning of Section 36523 of the Act.
(e) Pursuant to Section 36521.5 of the Act, the County of Sonoma may not collect
assessments under a business improvement area formed within the territorial jurisdiction of a city
without the consent of the city council of that city. The Board has received resolutions providing consent
to the proposed amendment from each of the following cities: [list].
SECTION II:
Section 33-5(a) of Chapter 33 of the Sonoma Code, as adopted in Section II of Ordinance No. 5525, is
hereby amended to read in its entirety as follows:
(a) Each operator of a lodging establishment generating rent during the preceding fiscal year (July 1 to
June 30) shall pay as an assessment a sum equal to two percent (2%) of the rent charged by the operator.
SECTION III:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be unconstitutional and invalid, 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 the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION IV:
This Ordinance shall be, and the same is hereby declared to be in full force and effect from and
after 30 days after its passage and shall be published once before the expiration of 15 days after said
passage, with the names of the Supervisors voting for or against the same in a newspaper of general
circulation published in the County of Sonoma, State of California.
In regular session of the Board of Supervisors of the County Sonoma passed and adopted this
13th day of December, 2022, on regular roll call of the members of the Board by the following vote:
SUPERVISORS:
Gorin ___________ Rabbitt ___________ Coursey ___________
Gore ___________ Hopkins ___________
Ayes ______ Noes _______ Abstain ________ Absent ________
SO ORDERED
EXHIBIT A TO RESOLUTION
By: __________________________
Chair, Board of Supervisors
County of Sonoma
State of California