HomeMy WebLinkAboutTC Res 2017-09-19 (2) RESOLUTION NO. 28-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON, CALIFORNIA, DECLARING ITS INTENTION
TO TAKE PROCEEDINGS PURSUANT TO PARKING AND
BUSINESS IMPROVEMENT AREA LAW OF 1989 TO
DISESTABLISH THE TIBURON TOURISM BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, the Parking and Business hnprovement Area Law of 1989, Section 36500
et seq. of the Streets and Highways Code, authorizes cities to establish parking and business
improvement areas for the purpose of promoting tourism; and
WHEREAS, in 2007,the Town formed the Tiburon Tourism Business Improvement
District ("TTBID"), to levy an assessment on lodging establishments within the Town's borders
at a rate of a one percent (1 %) of gross room rental value and provide lodging-related and
visitor services; and
WHEREAS, in 2010, at the request of the Town's two lodging establishments, the
Lodge at Tiburon and the Water's Edge Hotel (collectively, "Town Hotels"), the Town
increased the TTBID assessment to two percent (2%) of gross room rental value; and
WHEREAS, on January 18, 2017, the Council adopted Resolution No. 03-2017,
declaring its intention to levy the TTBID assessments, setting a public hearing on February 1,
2017 to consider any protests and directing related actions; and
WHEREAS, on February 1, 2017, following public hearing, the Council adopted
Resolution No. 06-2017 levying assessments to pay for all improvements and activities within
the TTBID, specifically lodging-related and visitor services; and
WHEREAS, the assessment fees collected on behalf of the TTBID by the Town has
enabled the Town over the years to finance and administer marketing programs to promote mid-
week and off-season overnight lodging business, to promote the "Town as an overnight tourism
destination, and to fund projects, programs, and activities that benefit lodging establishments
within the TTBID, including management and visitor services; and
WHEREAS, Destination Tiburon, a nonprofit organization is currently provides all
TTBID Program services; and
WHEREAS, only the Town Hotels are currently assessed to fund the TTBID Program;
and
WHEREAS, approving TTBID assessments on a yearly basis, collecting and managing
such assessments creates administrative overhead to the Town and Destination Tiburon;
TIBURON TOWN COUNCIL RESOLUTION NO. 28-2017 9/19/2017
WHEREAS, a decrease in administrative overhead and commensurate cost savings
would result if TTBID Program services are financed and operated via a method other than a
business improvement area under the Parking and Business Improvement Area Law of 1989;
and
WHEREAS, in light of Destination Tiburon's role in managing the TTBID Program,
such services could continue to be provided to the Town Hotels if funding was provided under
alternative arrangements, including but not limited to direct contributions to Destination
Tiburon from the Town Hotels for such services; and
WHEREAS, the Town Hotels have indicated that they support dissolution of the TTBID
and would prefer to pursue alternative arrangements; and
WHEREAS, Section 36550 of the Streets and Highways Code sets forth the process for
disestablishment of a business improvement area.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolves, determines, and finds as follows:
SECTION 1. The Town Council declares its intent to disestablish the TTBID, as
identified in Resolution No. 03-2017, passed on January 18, 2017, and Resolution No. 06-2017,
passed on February 1, 2017.
SECTION 2. Any tangible assets acquired with assessments levied for the TTBID, and
any remaining revenues, shall be refunded in in the manner set forth in Section 36551 of the
Streets and Highways Code.
SECTION 3. On October 18, 2017, at 7:30 p.m., or as soon thereafter as the matter may
be heard, the Town Council shall hold a public hearing on the disestablishment of the TTBID in
the Town Council Chambers located at 1505 Tiburon Boulevard, Tiburon, CA 94920.
SECTION 4. The Town Clerk is directed to give notice of a public hearing on the
aforementioned matters in accordance with California Streets and Highways Code Section
36523. Notice of the public hearing shall be given by publishing the resolution of intention in a
newspaper of general circulation in the Town once, for at least seven days before the public
hearing. Notice of the public hearing shall be given by mailing a complete copy of this
Resolution of Intention by first-class mail to each business owner assessed within the District,
within seven days following the Town Council's adoption of this Resolution of Intention to
Disestablish the TTBID.
PASSED and ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on September 19, 2017, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, O'Donnell, Thier
NOES: COUNCILMEMBERS: None
TIBURON TOWN COUNCIL RESOLUTION NO. 28-2017 9/19/2017
F
V
ABSENT: COUNCILMEMBERS: None
JAMES FRASE l AJ1' R
TOWN OFT IB 466
ATTES
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A� VT
LEA STEFANI, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO. 28-2017 9/19/2017