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Home My WebLink About05-097 CC Resolution I I I RESOLUTION NO. 05-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT FOR FISCAL YEAR 2006-07, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Temecula Valley Convention & Visitors Bureau ("TVCVB") is interested in the City Council of the City of Temecula (the "City Council") establishing the Temecula Valley Tourism Business Improvement District ("TVTBID") and levying an annual assessment on lodging businesses, which include hotels, motels, and bed and breakfasts, within the proposed TVTBID; and WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., authorizes cities to establish business improvement areas for the purpose of promoting tourism; and WHEREAS, lodging businesses within the proposed TVTBID have requested the City Council to establish such an improvement area. NOW THEREFORE, the City Council of the City of Temecula does hereby resolve, determine and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to establish the Temecula Valley Tourism Business Improvement District ("TVTBID") and to levy and collect annual assessments against lodging businesses within the TVTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. (the "Law"), commencing with fiscal year 2006-07 (March 1, 2006 through February 28, 2007). Section 3. The boundaries of the TVTBID shall be the boundaries of the City of Temecula and a portion of the unincorporated area of Riverside County known as Wine Country, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. Section 4. The name of the business improvement area shall be the "Temecula Valley Tourism Business Improvement District." Section 5. The City Council hereby declares that the types of improvements and activities to be funded by the levy of assessments against lodging businesses within the TVTBID are tourism promotions and marketing programs to promote the Temecula Valley as a tourism destination and projects, programs, and activities that benefit lodging businesses located and operating within the boundaries of the district. The proposed improvements and activities shall be targeted at increasing transient stays. R:/Resos 200S/Reses 05-97 I I I Section 6. Except where funds are otherwise available, an assessment will be levied annually against lodging businesses to pay for the improvements and activities within the TVTBID commencing with fiscal year 2006-07. Assessments will be collected in monthly installments or such other installments as determined by the City Council. The proposed assessment is to be levied on all lodging businesses, which include hotels, motels, and bed and breakfasts, within the TVTBID boundaries based upon 2% of the rent charged by the operator per occupied room per night. Extended stays, defined as more than 30 consecutive calendar days, will be exempt from the levy of assessment. New lodging businesses within the boundaries of the TVTBID will not be exempt from the levy of assessment. Assessments levied pursuant to the TVTBID shall not be included in gross room rental revenue for the purpose of determining the amount of the transient occupancy tax. Section 7. The City Council hereby sets November 8, 2005 as the date for a public meeting on the establishment of the TVTBID and the levy of assessments and December 13, 2005 as the date for a public hearing on the establishment of the TVTBID and the levy of assessments. Both the public meeting and the public hearing will be held at 7:00 p.m., or as soon thereafter as practicable, in the City of Temecula, City Council Chambers, 43200 Business Park Drive, Temecula, California. Section 8. At the public meeting and public hearing the testimony of all interested persons for or against the establishment of the TVTBID, the extent of the TVTBID, or the furnishing of specified types of improvements or activities will be heard. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. To count in the determination of a majority protest against the TVTBID, a protest must be in writing. Written protests must be received by the City Clerk of the City of Temecula before the close of the public hearing scheduled herein and may be delivered or mailed to the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. 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 business in which the person signing the protest is interested sufficient to identify the business. If the person signing the protest is not shown on the official records of the City of Temecula as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 10. If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the proposed TVTBID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to les than that 50 percent (i.e., there is a majority protest), no further proceedings to create the TVTBID, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the TVTBID, those types of improvements or activities shall be eliminated. R:/Resos 200S/Reses 05-97 2 I I I Section 11. Further information regarding the proposed TVTBID may be obtained from the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. Section 12. The City Clerk is instructed to provide notice of the public meeting and public hearing in accordance with law. Section 13. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED at a meeting of the City Council of the City of Temecula, held on this 27th day of September, 2005 by the following vote: ATTEST: , J ALl. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05-97 was duly and regularly adopted by the City Council at a meeting of the City Council on the 27th day of September, 2005, by the following vote: AYES: 5 COUNCILMEMBERS: Edwards, nagger, Roberts, Washington, Comerchero NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None lJ Susan W. 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