HomeMy WebLinkAboutTC Res 2019-06-19 RESOLUTION NO. 28-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON TO LEVY AND COLLECT ASSESSMENTS ON
LODGING ESTABLISHMENTS WITHIN THE TIBURON
TOURISM BUSINESS IMPROVEMENT DISTRICT TO FUND
THE APPROVED DISTRICT PROGRAM
WHEREAS, the Parking and Business Improvement Area Law of 1989. Section 36500 et
sed., authorizes counties to establish parking and business improvement areas for the purpose of
promoting tourism; and
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et
sed., 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 1111provement
District ("TTBID"), to levy a one percent (1 %) assessment on lodging establishments \,N ithin the
Town's borders: 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%) and
WHEREAS, the TTBID Advisory Board ("Advisory Board') approved its annual report
on May 10, 2019. which report sets fords the legally required program and budget information
('*Annual Report'), which included the TTBID Program and which the Council reviewed and
approved on June 5, 2019; and
WHEREAS, on June 5, 2019. the Council also adopted Resolution No. 17-2019.
("Resolution of Intention"), declaring its intention to levy the TTI31D Assessments. setting a
public hearing on June 19, 2019 to consider any protests and directing( related actions: and
WHEREAS, the Tovyn published notice of the June 19. 2019 public hearing as required
by S 36534 of the Streets and Highways Code and further provided written notice to the Town
Ilotels:
WIIEREAS. the Toxvn Council conducted the public hearing on the proposed T1-BID
Program and assessments on June 19, 2019 pursuant to i 36524 of thH
e Streets and ighways
Code and provided all interested parties an opportunity to be heard:. and
WHEREAS, the Town had not received any protests to the proposed 'hTBID Program and
Assessments by the close of the public hearing and. having considered all public testimony. the
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Town Council Re.whition No. 28-2019 J1119P 19. 2019
Town Council found that there was no majority protest that would preclude the Council from
approving the TTBID program and assessments as set forth in the Resolution of Intention: and
WHEREAS, the Council finds that the TTBID Program will provide a direct and specific
benefit to the payors that is not provided to those not charged and that the assessments will be
levied according to benefits accruing to the assess businesses to the maximum extent feasible.
The direct and specific benefit to payors will be increased sales of room nights provided through
programs designed to directly benefit payors.
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 recitals set forth herein are true and correct.
Section 2. The Town Council hereby approves the TTBID Program without
modification.
Section 3. The Town will levy and collect assessments within the TTBID, which is
co-extensive with the corporate limits of the Town, as set forth in the Resolution of Intention.
The Town will use the TTBID funds to finance and administer marketing programs as set forth in
the Annual Report, the TTBID Program and the Resolution of Intention.
Section 4. The assessment will be levied on all lodging establishments, existing and
Iuture_ at a rate of 2% of gross room rental revenue. The assessment is proposed to be this
percentage for the following reasons:
a. An assessment based on percentage is most fair to lodging establishments
because it will cost smaller, lower service level and less expensive lodging
businesses less money than it will cost larger, perhaps hioher service level and
higher room rate lodging businesses.
b. Benefits received by the assessed lodging businesses are likely to be
proportional to their assessment, depending upon programs implemented.
c. An assessment based on percentage will result in revenues that rise and fall in
reflection of greater and lesser business in an overall up or down tourism
market and world economy.
d. An assessment based on percentage is direct. and easy to understand and
calculate.
Section 5. New hotels within the boundaries will not be exempt from the levy of
assessment pursuant to Section 36531.
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Town Council Resolztlion No. 28-2019 Jzme 19. 2019
Section 6. Except where funds are otherwise available. the lodging business
assessment will be levied annually to pay for all improvements and activities within the TTBID
specific lodging-related and visitor services. These include, but are not limited to. Web-site
construction and maintenance, including assessed hotels, providing visitor information to
promote mid-week and off-season overnight lodging; management/alliances/board of directors;
research: sales in target markets, general advertising and administration & personnel.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on June 19, 2019, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik. Thier, Weiner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DAVID KULI , MAYOR
TOWN OF TIBURON
ATTEST:
-�mz ('LEA STEFANI. "TOWN CLERK
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Torn Council Resoluulion No. 28-2019 June 19. 2019