Sec. 33-16. - Administration—Sonoma County tourism bureau.

(a)

The county of Sonoma may contract with a contractor to carry out the services, activities, and programs to be funded by revenues from assessments, as set forth in this chapter and the law, and as specified in the applicable annual report. The Sonoma County tourism bureau is hereby designated to act as the initial contractor. Any contract between the county and the contractor shall conform to the provisions of this chapter.

(b)

The board of directors of the contractor shall be comprised of twenty-two (22) members. Directors shall be appointed by the board of supervisors, city councils and by the lodging industry in proportion to the respective financial contribution to the operation of the contractor made by the county (from transient occupancy tax receipts or other sources), the cities (from transient occupancy tax receipts or other sources) and the lodging industry (from assessments under this chapter or

other sources). The number of directors appointed by cities shall be based on the collective financial contribution from all cities. The right to appoint a director shall not vest until pro-rata contributions equal or exceed the amount required to appoint one (1) director. The lodging industry shall appoint as directors operators of lodging establishments from each of the following categories: (i) twenty-five (25) units or fewer; (ii) twenty-six (26) to seventy-five (75) units; (iii) seventy-six (76) to one hundred forty (140) units; (iv) over one hundred forty (140) units. Appointment of directors by the lodging industry shall be made based upon the percentage of assessments contributed by each lodging type; provided, however, that no less than two (2) nor more than five (5) directors shall be appointed from any one (1) lodging category; and provided further, that no less than two (2) nor more than five (5) directors shall be operators of lodging establishments located within each separate Sonoma County supervisorial district. Directors appointed on behalf of the county or the cities shall be appointed by the board of supervisors or city councils, as applicable. Such directors may not be members of the appointing bodies, but shall be operators of tourism-related businesses within the area, or employees or board members of non-profit entities within the area carrying out activities to promote tourism within Sonoma County. In the event the contractor changes the composition of the board of directors, the county may immediately terminate the contractor. Meetings of the board of directors of the contractor shall be noticed, public, and held in conformance with the provisions of the Ralph M. Brown Act.

(c)

The contract with the contractor shall reasonably specify the services, programs, and activities to be provided by the contractor, which services, programs, and activities shall be in conformance with the applicable annual report. The contractor may provide any services, programs, or activities that promote tourist visits to the area, without regard to the limitations set forth in Section 33-4, provided that services, programs, or activities not authorized by Section 33-4 may not be paid for using revenues from assessments. Prior to contracting with a contractor, the county shall obtain a budget from the contractor showing to the satisfaction of the county that the revenues from assessments and all other sources to be paid to the contractor are sufficient to permit the contractor to carry out the services, programs, and activities set forth in the annual plan. The contract with the contractor shall contain provisions allowing the county to inspect the contractor's records, to perform audits and investigations, or to obtain reports from the contractor as the county deems necessary to ensure that revenues from assessments are used only as set forth in the contract and as permitted under this chapter and the law. The contract shall provide that it may be terminated by the county, with or without cause, on no less than thirty (30) days' notice.

(d)

The board of supervisors may, in its sole discretion, remove the SCTB or successor contractor at any time. Upon such removal, the board of supervisors may either (1) select and contract with a successor contractor or (2) provide the services, program, and activities set forth in the applicable annual report with the county's own forces, in which case, the county may obtain reimbursement for services performed and expenses incurred from revenues from assessments. The composition of the board of directors of any successor contractor must be substantially similar to the composition of the board of directors of SCTB as set forth in subsection (b) of this section. If the board of supervisors does not select a successor contractor, the board shall appoint an advisory board, whose members must be operators of lodging establishments subject to assessment under this chapter.

(e)

The contract with the contractor shall be administered on behalf of the county of Sonoma by the director of the economic development board, who may authorize disbursements from the Sonoma County tourism business improvement area fund solely for the purposes set forth in Section 33-4.

(Ord. No. 5525 § 2, 2004.)