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Home My WebLink AboutTC Res 2020-08-19 (2) 12I;SOLUTION NO. 38-2020 A RESOLU"TION OF TI�I� TOWN COUNCIL OF "CH� TOWN OF' TISURON APPROVING THI: TTBID ADVISORY BOAl2D REYORT AND DECI_.AKING l"TS INTENTION TO LEVl' AND COLLEC"I' ASSCSSMI:NTS ON LODGING �ST'AI3LISHMENTS WITI-IIN THE TIBURON 'TOURISM I3USINLSS IMPROV�M�NT llISTI2ICT WIIEREAS_ the Parl<ing a»d Business I�nprovemeilt Area Law of 1989. Section 36�00 et sec�., authot�izes cities to establish parking and business improven7ent ai-eas for the pui-pose of promotill<� tourism; and WHEREAS. in 2007. the Towrl foi•ined the Tiburon Tourism Business Improvement District ("TTBID"), to levy a one percent (1 %) assessinent on lodging establisl�ments ��ithin the Town's borclers: and WH�REAS, in 20]0. at the rec�uest of the Town's two lodgiilg establishments. the Lodge at Tiburon and the Water's Ed�e Hotel ("collectively, "Town Ilotels"), the Town increased the �CTB]D assessll�ent to two percent (2%) and WHEREAS, t11e TTBID Advisoiy Boarc� ("Advisory Boarc�") approved its anntial 1-eport on Au�ust 12, 2020. ��hich report scts forth the legally required program a�7d bud��ct infor�7�ation ("/lnnual Report�'). NOW, TI-�I�:RE�ORE, B� I7� RESOLVED,that the Town Council of the "I�o�1�n of Tibw�on does herebv resolves, determines, and finds as follows: Section 1. The 3�ecitals s�t forth l�erein are true and coi•i•ect. S�ction 2. The Tov��n Council hereby approves the Advisoiy Board Rc:poi�t ancl declai�es its inte�ltion to continue 1e��5�in� and collectinb assessn7ents within the "I�ibtu�on Tourism Business Improvement District ("TTBID"), whose bounclaries az�e tl�e Tow�n's borders_ ci�u�in�� the 2020-2021 �iscal yeai: Section 3. The Z�o�m �n%ill use the TTBID fiulds to tinance and administer n�ai�k�tin�� prog��ams to promote mid-��eel: and oFf-season overniQht lodbing btlsiness. to promote the To��n as an overni��ht tourism desiination_ �nd to fund projects, progralns, and activities that benelit lod��ing establishments ��ithin the T�TBID, including management and visitor services. ��11 as sc:t forth in this Resolution and the Ad��isoly Board Report orl file witli t11e "I�own Clerl: Section 4. The assessment is proposed to be levied on all lodging establishments. existi�lg and FlltLu�e. at a rate of 2% ol�gross room rental revenue. The assessmcnt is propused to be this percenta�e for the follo��ing reasolls: a. An assessment based on percenta�e is most fair to lod�ing establishments because it ��ill cost snlaller. lowei- service level and pei-haps mor� ine��ensive Pa��e I o1�3 lod�.?in� businesses less il�oney than it will cost larger. pel�haps highei� servic� level a»d hi�,�l�er rooi�� rate lodbing businesses. b. Benefits received by the assessed lodging businesses ai-e likely to be pi-opot-tional to their assessment, depending upon pi-ograms implemented. c. An assessment based on percentage will result in revenues that rise and fall in retlection of greater and lesser business in an overall up oi-down to�u-is�n market and world economy. d. An assessme»t based on percentage is direct, and easy to undeistand and calciilate. Section 5�. Ne��% hotels within the boundaries will not be exempt fi-om the ]evy of assesst�lent pui-suant to Section 36531. Section 6. E�cept wher� funds are othel•wise available, the lodging business assessment��ill be levied annuall�� to pay for all improvements atid activities within tl�e Z�TBID, specifically lodgin«-i�elated �i�1d visitor services. These include, but are not limited to. web-site co»struction and maintenance, hi�hli�hting the assessed hotels,providinb visitoi�information to promote mid-��eel: and oi�l=season overiligl�t lodging; Management/Alliances/Board of Directors; Research: Sales i�1 T�ii�<�et Ma1-kets. and Administration & Personnel. Section 7. �I�he ti�ne and place for the public hearing on the proposed levy of' assessnlents is set fol- '�:00 p.m. on September 2, 2020, at the Town Council Chambers, 150� Tiburon Iioule��ard, Tiburon CA 94920. Section 8. At tl�e public llcai•ing, the oral and written testimony of all intel-ested persons l�or or a��ainst the le��y of the TTBID or the extent of the TTBID area, tl�e types of business�s io bc assess�d. oi� the fur�lishinb of specified types of improve�l�cnts or activities will be heard. S�ction 9. �nv interested party may make a written or oral pi�otest a�:ainst the TTBID or an�� aspect of thei��ot�. t-Io��ever. in detei-Ini�li�lg wl�ethel•there is a majority pi-otesi against tl�e TTBID. the Co�u�cil ��°ill onlv cotu�t wr�tten protests fionl p�rsoils or entiti�s t11at ��roiild be subject to th� proposed assessmem. A ��I�itten protest may be withdr�wn in �vritin� at an� time before th� conclusion of the public l�ea�-ing. Each written protest shall contain a��ritten descriptioil of�the lod�?i�� blisilles� in which the person sibnillg the�i-otest iil �nterested_ sufficient to identifv the business and its address. If the person signin�the protest is not shown on the oti�icial records of the County of Marin or Town of Tiburon as tl�e owner of il�e lod��ing business. then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any writte»protest as to the regularity or evidence of the proc�edings shal] be ii� ��°1-itiil�� and clearly state the irrebularity or defect to wl�icl� objectior� is »�acle. Writte» �rotests should be mailed to the 7-own Clerk. 1505 "Tiburon Bol�levard. Tiburon CA 94920. Section 10. If. at the concltision of the public llearing o�i September 2, 2020. tllere are Pa��e� oi'3 of record writlen pi�c�tests by tl�e owners of the lodging businesses within the "I�"TBID that ��ill pay i�il�ty perceilt (50%) or more of the total assessments of the entire TTBID, no filrther proceedin�s '� to levy the TTBID assessments shall occl�r. New proceedi»gs to levy the "I�TBID assessments shall not be undertalcen a��ain for a period of at least one (1) yeai-fi-om the date of the tinding of the majoriry writte�� pi-otcst by the 7��ibw-on Tow» Co�uicil. If tl�e inajority written pi-otest is only as to an impi-oveinent oi- activity pl�oposed; then tllat type of in�provement or activity sl�all �Iot be included in tl�e �TTBID. lf thel-e ai-e �10 ��l�itten pl�otests by owners of the lodging businesses witl�in the TTBID tl�ai will pay fiftv percent (50%) or more of tl�e total proposed assessments, tl�e Council will consider a i-esolution contil-min�� the Advisoly Board Repoi•t and levying the assessments. Section 1 l. }�urther infor»�ation regai-ding the proposed Tiblu�on Tourisn7 Business I�nprovement District (7�TBID) i1�a}� be obtaiiled fi�om Greg Chanis, Town Mana�er, 1505 Tibtu•on Boulevard. Tiburon C� 94920, tclepl�one (415) 435-7373. Section 12. The Tiburon Town Council supports the establisl�in�nt of the TTBID within the legal process set forth above. I'nSSED AND ADOPTED at a i-eglllar meeting oFthe Town CoLu�cil of the To�N�n of I�iburo�l held on �e�gez3t ��, 202Q, by the following vote: AYES: COUNCILMEMBERS: Fredericl<s, Kulik, Ryan, Thier, Welner NOES: COUNCII,MEMBERS: None AI3SEN"I': COUNCILMEMI3ERS: None , a ALICE FREDERICKS_ MAYOI2 TOWN OF 7�IBURON �TTES"1�: �' �� - -��'�.-� � EA S" �~I= NI_ TOWN CLERK Pa<�e 3 of 3