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.
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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
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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
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President, Board of Supervisors
Dated: June 24, 2003
Clerk of the Board of Supervisors
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