HomeMy WebLinkAboutTC Res 2020-09-02 12�SOLUTION NO. 40-2020
A I2I;SOLUTION OF TII� TOWN COUNCIL OF THE TOWN OF'
TIBURON TO LI;VY ANll COLL�CT ASSrSSMENTS ON
LODGING �STABLISHNI�NTS WITI-lIN THI? TII3LIRON
TOURISM BUSIN�SS IMPROV�M�NT UISTRICT �TO FUND
THE APPROV�ll DISTRICT PI20GRAM
WHEREAS, the Pai-king and Bus�ness ImprovE»�ent Ai-ea La�� of 1989, Section 36500 et
seq.. authorice s counties to establish parking and busi�iess inlprovement areas for the puipose of
pi�ornoting tot.u�ism; and
WI-IFREAS, the Parkiilb and Business Improven�ent Area Law° of 1989. Section 36500 eC
seq.. authorizes cities to establish parking and business improvement areas for the purpose of
pron�otin�� tourism; and
WI�EREAS, in 2007, the Town forined the Tiburon Tourisl�� Business Improveil�ent
Distr-ict ("TTBID"), to levy a one percent (1 %) assessment on lodging establishments within tl�c
1�own�s boi-dei-s_ a�id
WI-IERLAS, in 2010, at the request of the Town's two lod�in�� establisllme�lts. tl�e L,odbe
ai Tiburc>n and the Water's Edge Hotel ("collectively, "Town Hotels��)_ the Town increased the
�I�"1�BID assessn�ent to two percent (2%) and
WHEREAS, tl�e TTBID Advisory Board ("Advisoi-y Board�`j appl-oved its annual repoi•t
on August 12_ 2020, which report sets forth the legally rec�uii-ed pl-o��ram and budget infoi-matio�l
('`nnnual Re}�ort"), which included the TTBID Probram and which the Council i-evi�;�-ved and
appro���ed on :-'�u�ust 19, 2020; and
W1-IER�AS, on August 19, 2020, th� Council also adopted Resolution No. 38-2020,
("Resoltztion of Intention"), declaring its intention to levy the TTBII) Assessments. settin� a
public hearin�� on September 2, 2020 to consider any prot�:sts and directing related actions: al�d
WHEREAS. the Town published notice of the September 2. ?020 public hearing �s
i�ec�uii-ed b}� � 36�34 of the Streets and Hi�hways Code and ful�tl�el- provided wrilten notice to the
I��o���n I-Iotels:
VVHLIZEAS, t11e Town Council conducted tl7e public hev�in�� oi� the proposed �I'"I'I3ID
Pl�o�ram and assess�ne�7ts o�i September 2, 2020 ptu-suant to � 36524 ol�the Streets and I Iibl��vays
Code and provided all interested parties ai� opportw�ity to be l�eard: ��nd
V�'I�IEREAS. the 1�own l�ad not i•eceived any protests to tl�e p��oposed �1��[��3ID Progran�
and Assessm�nts by the close oTthe public heari»g and. havii��� considered all public testimony..
the �To��n Co�uicil found that there was no majority }�rotest that ��-ould preclude the Council fi-om
appro�'ing th� TTBID program and assessnlents as set forth in the ResoluCion of Intention; and
Tib�n�on To���n C ouncil Resolution No. 40-20?0 09i02/2020 Pa��e l of 3
WI-IE:REAS. the Co�ulcil finds that tl�e TTBID Program ���ill provicle a direct and specific
benefit to the payo►-s th�t is �1ot provided to those not ch�rged and that the assess»�ents �vill be
levicd acco��ding to beilefits accruin�to the assess busiilesses to the ma�imui�� e�tent fcasible.
The direct a»d speci�c ben�fit to payors will be inereased sales of roo11� ni��hts provided thcough
progl-ams designed to dii-ectly benefit payors.
NOW_ THEREFOR�. BE IT RESOLVED_ tl�at tlle Town Council of the To��,��1 oi�
Tib��ron cloes l�ereby resol��es, detei-�ilines, and f�ilds as follows:
Section 1. The i-ecitals set forth l�ei•ein are truc and cori�ect.
Section 2. The Town Council hereby ap�roves the "1,Z�I3ID Pi-o<�rar» ��ithotat
inodification.
Section 3. Tl�e Town will levy and collect assessnients ��ithin ihe "I,TBID. ��,hich is
co-eatensive with the corporate limits of the "Town, as set fortl� in the Resolution of Intention.
"Tl1e Town ��ill use tlle TTBID filnds to finance and administer mar]cetin�7 pro��i-ams as set fortl�
in the Annual Report. the TTBID Progra�n and the Resolution of Intei�tio».
Section 4. Tl�e assessmcnt will be levied on all lod�ing establishments. eaisting and
future, at a rate of 2% of�ross roon� rental revenue. The assessn�ei�t is proposed to be this
pe��ce��tage fo��ihe following reasons:
a. An assessmetlt based on percentage is most fair to lodgin<� establishments
because it will cost smaller, lower service ]evel and less e�pensive lod�ing
businesses less money than it will cost larger; perhaps hi�her s�rvice level and
hibher room rate lodging businesses.
b. Benefits i�eceived bv the assessed lodging businesses are lil<clv to be
pi-opoz-tiona] to their assessment, depending upon pi-ograms imple�l�ented.
c. An assessment based on percenta�e �,�ill restilt in reven�«s that rise and fall in
ref7ection of greater and lesser b��siness in an overall u�� or do��» tourism
market and world economy.
d. An assessmcnt basecl on percentage is direct, and easv to understa��ci and
calculat�.
Section 5. Ne�� hotels within the boundaries will not be e�empt fi-om tl�e levv of
assessment ptu-suant to Se�tion 36531.
Section 6. Except wl�ere ftmds are otherwise available. the lod��in�� business
assessme»t will b� levied annually to pay for all improveme»ts and activities ��ithin the "1��7�BID
specific lodgin�-l-elat�d and visitor services. These include_ but are not limited to. �lieb-site
eonsti�uction atld �naintenance. including assessed l�otels, providi»g visitor infoi-mation to
pr-omote mid-wee]< and ofi=season overi�ight lodgin�; nl�nageme�It/alliances/bo�rd of directors;
Tiburon To����n Council Resolutioi� No. 40-2020 09/02/20?0 Pa��e? oi'3
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research. sales in t�r�et marl<ets. �eneral advertisin� and ad»�inistration & pei�sonnel.
PASSED AND ADOPT�D at a regular i�leetii�� of tlle Town Council oi'the To�.�m oi�
"I�iburon held un S�ptembei� 2_ 2020, by the following vote:
AYLS: C'OUNCILMEMBERS: Fredericks, Killil<, Ryan, Thici�_ Wel»er
NAYS: COt'NCILMEMBERS: None
_ �
ALICE FREDERICKS. MAYOR
TOWN OF TIBt1RON
AT��FS"1�:
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- �=�'��1�-"'f,��7i`
LLA S"I'EFAN1. `i�OWI�� CL�RK
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