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HomeMy WebLinkAboutCC Resolution 11361 (MCTIB)RESOLUTION No. 11361 RESOLUTION OF THE CITY OF SAN RAFAEL IN SUPPORT OF THE ESTABLISHMENT OF THE MARIN COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (MCTBID) AND THE LEVY OF AN ASSESSMENT ON LODGING ESTABLISHMENTS WITHIN THE MCTBID WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq, authorizes counties to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, certain lodging businesses within the County have requested that the Board of Supervisors ("the Board") of the County of Marin establish a Marin County Tourism Business Improvement District ("MCTBID") for the purposes of promotion of off-season, mid -week overnight lodging business in Marin; and WHEREAS, the County of Marin is requesting the consent of the Cities of Larkspur, Mill Valley, Novato, San Rafael, Sausalito, and the Towns of Corte Madera, Fairfax, San Anselmo, and Tiburon, each of which have lodging businesses within their jurisdiction, to establish the MCTBID within the boundaries of their cities and towns. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Board of Supervisors has declared its intention to establish the Marin County Tourism Business Improvement District and to levy and collect assessments within the MCTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. The boundaries of the MCTBID shall be the boundaries of the County of Marin, including areas within all city and town jurisdictions within Marin County, except for the City of Belvedere and the Town of Ross, which have no lodging facilities within their jurisdiction. Section 3. The name of this district shall be the Marin County Tourism Business Improvement District. 1b\ _%W hi 61Q �i 11 L `` J Section 4. The MCTBID proposes to administer marketing programs to promote mid -week and off-season overnight lodging business, to promote the Marin County Tourism Business Improvement District region as an overnight tourism destination, and to fund projects, programs, and activities that benefit lodging establishments within the Marin County Tourism Business Improvement District in each of the participating cities and towns and the County of Marin, including tourism management and visitor services. Section 5. The assessment is proposed to be levied on all lodging establishments, existing and future, within the Marin County Tourism Business Improvement District in the County of Marin and within the participating Cities of Larkspur, Mill Valley, Novato, San Rafael, Sausalito and the Towns of Corte Madera, Fairfax, San Anselmo, and Tiburon based upon 1 % of the gross room rental revenue. The MCTBID projected annual assessment revenues in year one total approximately $660,000. The assessment is proposed to be 1 % of the gross room rental charges 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 perhaps more inexpensive lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses. b. Benefits received by the assessed lodging businesses may 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 6. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 7. Except where funds are otherwise available, the lodging business assessment will be levied annually to pay for all improvements and activities within the MCTBID, in keeping with the "Marin Visitor Network Strategic Plan for the Marin County Tourism Business Improvement District" and contracts between the County of Marin and the Marin Visitor Network for specific lodging -related and visitor services. These include, but are not limited to, Web -site construction and maintenance, including lodging promotion, printing of collateral (visitor guide/maps), including information on assessed hotels, operation of a visitor center that will promote mid -week and off-season overnight lodging; Management Alliances/Board of Directors; Research; Sales in Target Markets, and Administration & Personnel. Section 8. Each participating jurisdiction shall collect the assessments from the lodging businesses within its jurisdiction and forward the assessments to the Marin County Tourism Business Improvement District in a method jointly approved by the jurisdiction and the County. Cities may deduct from the assessment totals their actual costs of collection and forwarding to the MCTBID. Section 9. The MCTBID budget and work program shall undergo annual review by the Cities of Larkspur, Mill Valley, Novato, San Rafael, Sausalito, and the Towns of Corte Madera, Fairfax, San Anselmo, and Tiburon City and Town Councils, at their request. The MCTBID-based budget and work program shall be approved annually by the Marin County Board of Supervisors. Section 10. The Marin County Board of Supervisors shall appoint the Advisory Board as described in Section 36530, with full consideration of the recommendations of the lodging industry and the participating cities and towns. Section 11. The time and place for the public meeting for comments on the proposed MCTBID was set for 11:00 AM, July 15, 2003 at the Chambers of the Marin County Board of Supervisors, Civic Center, 3501 Civic Center Drive, Room 330, San Rafael, California. Section 12. The time and place for the public hearing to establish the MCTBID and the levy of the assessments is set for 11:00 AM, August 26, 2003 at the Chambers of the Marin County Board of Supervisors, Civic Center, 3501 Civic Center Drive, Room 330, San Rafael, California. Section 13. At the public hearing, the testimony of all interested persons for or against the establishment of the MCTBID, the extent of the MCTBID area, the types of lodging businesses to be assessed, or the furnishing of specified types of improvements or activities will be heard. Section 14. A protest against the MCTBID or any aspect of it may be made in writing. To count in the majority protest against the MCTBID, a protest must be in writing. A written protest may be withdrawn from 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 is 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 participating city 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 Clerk of the Board of Supervisors of the County of Marin at 3501 Civic Center Drive, Room 329, San Rafael, CA 94903. Section 15. If, at the conclusion of the public hearing on August 26, 2003, there are of record written protests by the owners of the lodging businesses within the MCTBID that will pay fifty percent (50%) or more of the total assessments of the entire MCTBID, no further proceedings to create the MCTBID shall occur. New proceedings to form the MCTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the Board of Supervisors. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the MCTBID. Section 16. Further information regarding the proposed Marin County Tourism Business Improvement District may be obtained from Frances Brigmann, Director, Marin County Parks, Open Space and Cultural Services, 499-6387, or Sherry Sweet, Acting CVB Administrator, at 499-6595. Section 17. The City of San Rafael supports the Marin County Board of Supervisors in the establishment of the MCTBID within the legal process set forth above. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the fourth day of August, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT. • COUNCILMEMBERS: None 11� ,Q Jean a M. Leoncini, City Clerk NOTICE OF PROPOSED ASSESSNIENT TO.ESTABLLSH THE MARIN COUNTY TOURISM BUSINESS I1MPROVEMENT DISTRICT NO'T'ICE IS HEREBY GIVEN that on June 24, 2003, the Board of Supervisors (the "Board") of the County of Marin (the "County") adopted a resolution of intention to establish the Marin County Tourism Business Improvement District ("MCTBID") and levy an assessment on lodging establishments within the MCTBID as set forth in said Resolution of Intention. The resolution is attached hereto and hereby incorporated into the notice. NOTICE IS HEREBY FURTHER GIVEN that at 11;00 a.m., on Tuesday, July 15, 2003, at the Chambers of the Marin County Board of Supet`visoxs, Civic Center, Room 330, 3501 Civic Center Drive, San Rafael, California, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the MCTBID and the levy of assessments therein as set forth in the enclosed resolution of intention and pursuant to Government Code section 54954.6. NOTICE IS FURTHER GIVEN that at 11;00 a.m,, on Tuesday, August 26, 2003, at the Chambers of the Marin County Board of Supervisors, Civic Center, Room 330, 3501 Civic Center Drive, San Rafael, California, has been set as the time and place for a public hearing at which time members of the Board propose to enact the proposed assessment as set forth in the Resolution of Intention and pursuant to Government Code section 54954.6. Assessment: An assessment is proposed to be levied on all lodging establishments within the Marin County Tourism Business Improvement District boundaries within the County of Marin and the Cities of Larkspur, Mill Valley, Novato, San Rafael, Sausalito and the Towns of Corte Madera, Fairfax, San Anselmo, and Tiburon. The assessment is proposed to be 1% of the gross room rental revenue. It has been determined, in consultation with the lodging industry in Marin County, that an assessment of 1% gross room rental rates is the fairest method for all lodging businesses and the most accurate measure of the benefits to be received by each lodging establishment within, and from the activities of, the vlarin County Tourism Business Improvement District. Estimate: The estimated amount of revenue to be raised by the assessment in the first year is approximately 5660,000. Purpose: The MCTBID proposes to fund projects, programs and activities that benefit the lodging establishments within the boundaries of the Marin County Tourism Business Improvement District, within the participating cities and the County of Marin, including promotion of the Marin County Tourism Business Improvement District region as an overnight tourism destination, plus the provision of tourism management and visitor services. Collection: Each participating jurisdiction shall collect the assessments from the lodging businesses within their jurisdiction and forward the assessments to the Marin County Tourism Business Improvement District in a method jointly approved by the jurisdiction and the County, Cities may deduct from the assessment totals their actual costs of collection and forwarding to the MCTBID. Protest: Upon receipt by the County Board of Supervisors of written petitions of the owners of lodging businesses in the area who would pay 50 percent or more of the annual assessments levied, the assessment shall be abandoned. Should you desire to mail a protest against this assessment, the address is; Marin County Board of Supervisors Clerk of the Board, Rm. 329 Marin County Civic Center 3501 Civic Center Drive San Rafael, California 94903 Information: Should you desire additional information about this assessment, contact: Frances Brigmann, Director Marin County Department of Parks, Open Space, and Cultural Services at 499-6387 Sherry Sweet, Acting CVB Administrator at 499-6595 Marin County Convention and Visitors Bureau 1013 Larkspur Landing Circle Larkspur, CA 94939 i President, Board of Supervisors Dated: June 24, 2003 Clerk of the Board of Supervisors 2