[Ord. No. 1165, § I.]
This chapter is adopted pursuant to the "Parking and Business
Improvement Area Law of 1989," being Section 36500, et seq. of the
California Streets and Highways Code and Resolution of Intention No.
2008-55, adopted by the City Council on April 30, 2008, and entitled
"A Resolution of the City Council of the City of Oakdale Declaring
Its Intention to Establish the Oakdale Tourism Business Improvement
District; Declaring Its Intention to Levy an Assessment on Lodging
Businesses Within the District for Fiscal Year 2008-2009, and Fixing
the Time and Place of a Public Hearing Thereon." Such resolution was
published and mailed as provided by law and a public hearing was held
by the city council at its regular meeting on June 16, 2008, at which
time all persons desiring to be heard and all objections made or filed,
were fully heard. The city council duly concluded the hearing on June
16, 2008, and determined that protests objecting to the formation
of the district have not been made by the owners of lodging businesses
who will pay fifty percent or more of the assessments within the district
and that such protests are overruled and denied. The city council
finds that the owners of lodging businesses in the district, in the
opinion of the city council, will benefit by the expenditure of funds
raised by the assessments proposed to be levied.
[Ord. No. 1165, § II.]
The city council finds and determines that public convenience
and necessity require the establishment of the district herein described.
It further finds that the owners of lodging businesses within the
district will benefit from the activities undertaken to promote tourism
in Oakdale.
Pursuant to the Parking and Business Improvement Area Law of
1989, a parking and business improvement area is hereby established,
to be known as the "Oakdale Tourism Business Improvement District"
herein called "district." The area to be included in the district
includes all of the City of Oakdale and any area annexed thereto.
[Ord. No. 1165, § III.]
The purpose of forming the district as a business improvement
area under the Parking and Business Improvement Area Law of 1989 is
to provide revenue to defray the costs of services, activities, and
programs promoting tourism which will benefit the owners of lodging
businesses in the district. It is the intent of this chapter to provide
a supplemental source of funding for the promotion of tourism in the
district and it is not intended to supplant any existing sources of
revenues which may be used. The specific services, activities, and
programs to be provided by the district are as follows:
(a)
The general promotion of tourism within the district is to include
costs as specified in the business plan to be adopted annually.
(b)
The marketing of conventions, trade shows, and sporting events that
benefit local tourism and the local lodging industry in the district.
(c)
The marketing of the district to the travel industry in order to
benefit local tourism and the local lodging industry in the district.
[Ord. No. 1165, § IV.]
The assessment to be imposed on the owners of the lodging businesses
is two percent of the rent charged by the operator of the lodging
business per occupied room per night. Extended stays, defined as more
than thirty consecutive days, will be exempt from the levy of the
assessment.
[Ord. No. 1165, § V; Ord. No. 1238-15 § 1.]
All of the assessments imposed pursuant to this chapter shall
be reviewed by the council annually, based upon the report prepared
by the advisory board appointed pursuant to this chapter and Sections
36530 and 36533 of the California Streets and Highways Code. In October
of each year, the advisory board shall present a preliminary budget
for the following year. In April of each year, the advisory board
shall present the actual budget for the preceding year, and a final
budget for the current year.
[Ord. No. 1165, § VI.]
The assessment imposed by this chapter is levied upon the owners
of lodging businesses within the district, and the owner of each lodging
business shall be solely responsible for paying all assessments when
due. Notwithstanding the foregoing, in the event that the owner of
a lodging business elects to pass on some or all of the assessment
of its customers, the owner of the lodging business shall separately
identify or itemize the assessment on any document provided to a customer.
[Ord. No. 1165, § VII.]
It shall be the duty of every operator of a lodging business
to keep and preserve, for a period of three years, all records as
may be necessary to determine the amount of such assessment, which
records city shall have the right to inspect at a reasonable time.
[Ord. No. 1165, § VIII; Ord. No. 1206; Ord. No.
1238-15 § 2.]
An advisory board with seven members shall be appointed to advise
the city council on the amount of the district's assessments
and on the programs and activities to be funded by the assessments.
The city council shall appoint four members who shall be owners, operators,
or management employees of lodging businesses with the district. The
city council shall appoint three members from the community at large.
The initial members of the advisory board shall serve staggered terms,
with three members serving two-year terms and four members serving
four-year terms. The length of the term for each individual member
of the initial advisory board shall be chosen by lot at the first
meeting of the advisory board. Thereafter, all members appointed to
the advisory board shall serve for four year terms.
[Ord. No. 1165, § IX.]
The city council, by ordinance, may modify the provisions of
this chapter and may disestablish the district, after adopting a resolution
of intention to such effect. Such resolution shall describe the proposed
change or changes, or indicate that it is proposed to disestablish
the area, and shall state the time and place of a hearing to be held
by the city council to consider the proposed action.
If the owners of lodging businesses which pay fifty percent
or more of the assessments in the district file a petition with the
city clerk requesting the city council to adopt a resolution of intention
to modify or disestablish the district, the city council shall adopt
such resolution and act upon it as required by law. Signatures on
such petition shall be those of a duly authorized representative of
the owners of lodging businesses in the district.
In the event the resolution proposes to modify any of the provisions
of this chapter, including changes in the existing assessments or
in the existing boundaries of the district, such proceedings shall
terminate if protest is made by the owners of the lodging businesses
which pay fifty percent or more of the assessments in the district.
In the event the resolution proposes disestablishment of the
district, the city council shall disestablish the district; unless
at such hearing protest against disestablishment is made by the owners
of lodging businesses paying fifty percent or more of the assessments
in the district.
[Ord. No. 1165, § X.]
The city shall be entitled to charge an administrative fee of
five percent of the assessments collected from owners of lodging businesses
to defer the administrative costs incurred for the operation of the
district.
[Ord. No. 1165, § XI.]
This chapter shall become effective from and after thirty days
after its adoption.
[Ord. No. 1238-15 § 3.]
The district advisory board may form subsidiary boards which
shall be consistent with the purpose of the Parking and Improvement
Act of 1989, and headquartered within the boundaries of the district.
[Ord. No. 1238-15 § 4.]
All meetings of the advisory board and any subsidiary board
shall be noticed and otherwise consistent with the Brown Act. All
proposed agendas and any other legal postings shall be sent to the
city clerk for approval.
