HomeMy WebLinkAbout10-01 CC Ordinance ORDINANCE NO. 10 -01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 3.40.040.B. OF
THE TEMECULA MUNICIPAL CODE TO INCREASE THE
ASSESSMENT AGAINST LODGING BUSINESSES
WITHIN THE TEMECULA VALLEY TOURISM BUSINESS
IMPROVEMENT DISTRICT FROM TWO PERCENT (2
TO FOUR PERCENT (4 OF ROOM RENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare as follows:
A. The Parking and Business Improvement Area Law of 1989, California
Streets and Highways Code Section 36500 et seq., (the "Law authorizes the City
Council of the City of Temecula (the "City Council to annually levy an assessment
against businesses within a business improvement area for the purpose of promoting
tourism, which is in addition to any assessments, fees, charges or taxes imposed in the
City of Temecula (the "City
B. Pursuant to the Law, the City Council adopted Ordinance No. 05 -16 on
December 13, 2005, Chapter 3.40 of the Temecula Municipal Code, establishing the
Temecula Valley Tourism Business Improvement District in the City (the "TVTBID
C. The Law requires the City Council to appoint an advisory board which
shall prepare an annual report for each fiscal year for which assessments are to be
levied and collected to pay the costs of the activities described in the report and which
shall make recommendations to the City Council on the expenditure of revenues
derived from the levy of assessments, on the classification of businesses, as applicable,
and on the method and basis of levying the assessments.
D. By Resolution No. 05 -121, the City Council appointed the Temecula Valley
Tourism Business Improvement District Advisory Board to serve as the advisory board
for the TVTBID (the "Advisory Board
E. In accordance with Section 36533 of the Law, the Advisory Board has
prepared and filed with the City Clerk, and the City Clerk has presented to the City
Council, a report for fiscal year 2010 -11 in connection with the proposed increase to
four percent (4 of the levy of an assessment against lodging businesses within the
TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2010 -11
Annual Marketing Plan Budget and Marketing Plan" (the "Report") and, by previous
111 resolution, the City Council preliminarily approved the Report as filed.
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F. On December 8, 2009 the City Council held a duly noticed Public Meeting
to consider the proposed increase in the TVTBID Assessment and adopted a resolution
entitled "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT
AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2%
TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN
THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR
FISCAL YEAR 2010 11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING
THEREON AND GIVING NOTICE THEREOF."
G. On January 12, 2010, the City Council held a duly noticed Public Hearing
on the proposed ordinance to increase the TVTBID Assessment. The City Council
afforded all persons the opportunity to present comments to the City Council concerning
the proposed ordinance.
H. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Section 3.40.030.B. of the Temecula Municipal Code is hereby
amended to read as follows:
"B. The assessment shall be levied annually against all lodging businesses in
the district based upon four percent (4 of the rent charged by the operator per
occupied room per night. Extended stays, defined as more than thirty consecutive
calendar days and those exempt persons as defined in Temecula Municipal Code
Section 3.20.040, will be exempt from the levy of assessments. The assessments shall
not be included in gross room rental revenue for the purpose of determining the amount
of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula
Municipal Code (the 'transient occupancy tax')."
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published in the manner required by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26 day of January, 2010. Jeff Comerchero, Mayor
ATTEST: I
4J.
Susan Jones, MMC
City Cle k
[SEAL]
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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 Ordinance No. 10 -01 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 12 day of January, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26 day of January, 2010, by the following
vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
.Jones, MMC
City Clerk
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