HomeMy WebLinkAboutTC Res 2011-01-19RESOLUTION NO. 03-2011
RESOLUTION OF THE TIBURON TOWN COUNCIL DECLARING ITS INTENTION
TO MODIFY THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT
(TTBID), FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC
HEARING AND GIVING NOTICE THEREON
WHEREAS, the County of Marin Board of Supervisors formed the Marin County
Tourism Business Improvement District ("MCTBID") in 2004 in order to improve the tourism
business within the County of Marin, which program is administered by the Marin County
Visitors Bureau ("Visitors Bureau");
WHEREAS, in 2007, the Town formed a Business Improvement District ("TTBID") to
participate in the MCTBID and the Visitors Bureau's County-wide effort to improve lodging
business at the request of the Lodge at Tiburon and the Water's Edge Hotel; and
WHEREAS, at the recommendation of the Visitors Bureau, the Board of Supervisors has
increased the amount of MCTBID assessments from one percent (I%) of gross revenue to two
percent (2%) of gross revenue; and
WHEREAS, the Lodge at Tiburon and the Water's Edge Hotel have asked that the Town
Council adopt a similar increase to further promote their lodging establishments;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolve, determine, and find as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. The Town Council declares its intention to modify the TTBID, as set forth
in this resolution;
Section 3. The assessment will be based upon 2% of gross room rental revenue. All
assessment proceeds will be used to benefit the businesses assessed.
Section 4. The time and place for a public meeting on the proposed modification to
the TTBID is set for 7:30 p.m. on February 16, 2011, at the Town Council Chambers, 1505
Tiburon Boulevard, Tiburon CA 94920.
Section 5. The time and place for the public hearing on the proposed modification to
the TTBID is set for 7:30 p.m. on March 2, 2011, at the Town Council Chambers, 1505 Tiburon
Boulevard, Tiburon CA 94920.
Page 1 of 2
Section 6. At the public hearing, the Town Council will hear the testimony of all
interested persons for or against the modification of the TTBID.
Section 7. Any protest against the TTBID or any aspect of it must be made as
provided in Section 36524 of the California Streets and Highways Code. Protests must be made
in writing and received before the close of the public hearing scheduled herein. A written protest
may be withdrawn in writing at any time before the conclusion of the public hearing. Each
written protest shall contain a written description of the lodging business in which the person
signing the protest in interested, sufficient to identify the business and its address. If the person
signing the protest is not shown on the official records of the County of Marin or Town of
Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by
written evidence that the person is the owner of the business. Any written protest as to the
regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or
defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505
Tiburon Boulevard, Tiburon CA 94920.
Section 8. If, at the conclusion of the public hearing on March 2, 2011, there are of
record written protests by the owners of the lodging businesses within the TTBID that will pay
fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings
to modify the TTBID shall occur. The Town will not undertake new proceedings to modify the
TTBID for a period of at least one (1) year from the date of the finding of the majority written
protest by the Tiburon Town Council.
Section 9. Further information regarding the proposed modifications to the TTBID
may be obtained from Ann R. Danforth, Town Attorney, 1505 Tiburon Boulevard, Tiburon CA
94920, telephone (415) 435-7373.
Section 10. The Tiburon Town Council supports the establishment of the TTBID
within the legal process set forth above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on January 19, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Non
JE F AV ~AYQR
T OI~TIBURON
j~.
ATTEST: /DIANE CRANE IACOPI, TOWN CLERK
Page 2 of 2