HomeMy WebLinkAbout2024-64 CC Resolution RESOLUTION NO. 2024-64
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING ITS INTENTION
TO RENEW THE VISIT TEMECULA VALLEY
TOURISM BUSINESS IMPROVEMENT DISTRICT
PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND
FIXING THE TIME AND PLACE OF A PUBLIC
HEARING THEREON AND GIVING NOTICE
THEREOF
WHEREAS,the Parking and Business Improvement District Law of 1994, California
Streets and Highways Code Section 36600 et seq. (the "Law") authorizes cities to establish
business improvement districts for the purpose of promoting tourism; and
WHEREAS, by Resolution No. 15-09, adopted on February 10, 2015, the City
Council established the Visit Temecula Valley Tourism Business Improvement District
("VTVTBID") pursuant to the Law and authorized the levy of an assessment on lodging
businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula
Municipal Code Section 3.20.020 ("Lodging Businesses"), for an initial term of five fiscal
years,commencing with the fiscal year beginning on March 1, 2015, and ending on February
29, 2020; and
WHEREAS,by Resolution No. 20-08,adopted on January 28,2020,the City Council
renewed the VTVTBID which was established pursuant to Resolution No. 15-09 and the Law
and authorized the levy of an assessment on Lodging Businesses for a second term with a
duration of five years, that commenced with the fiscal year beginning on March 1, 2020, and
will end on December 31, 2024; and
WHEREAS, Resolution Nos. 15-09 and 20-08, and the Law, provide that the City
Council may again renew the VTVTBID and authorize an assessment on Lodging Businesses
for a new term not to exceed ten years by following the procedures for the establishment of a
district under the Law; and
WHEREAS, the owners of all of the Lodging Businesses within the City have
requested the City Council to initiate proceedings pursuant to the Law to renew the VTVTBID
pursuant to a written petition signed by the owners of Lodging Businesses within the
VTVTBID which will pay more than 50%of the assessments proposed to be levied; and
WHEREAS,the boundaries of the proposed renewed VTVTBID will be the same as
the boundaries of the existing VTVTBID; and
WHEREAS,the City Council desires to have Visit Temecula Valley("VTV")continue
to manage the activities provided within the proposed renewed VTVTBID; and
WHEREAS, the VTV has drafted a management district plan (the "Management
District Plan") in connection with the proposed renewal of the VTVTBID which contains all
the information required by Section 36622 of the Law and filed such Management District
Plan with the City Clerk of the City of Temecula("City");
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. Pursuant to Sections 36621(a) and 36600 of the Law, the City Council
hereby declares its intention to renew the VTVTBID, a business improvement district
established by the City Council pursuant to the Law, and to levy and collect assessments
against Lodging Businesses within the VTVTBID boundaries.
Section 3. The exterior boundaries of the renewed VTVTBID shall be the exterior
boundaries of the City, as shown on the map attached hereto as Exhibit A and incorporated
herein by such attachment.
Section 4. The City Council hereby approves the Management District Plan on file
in the Office of the City Clerk. The City Clerk shall make the Management District Plan and
other documents related to the renewal of the VTVTBID available to the public for review
during normal business hours, Monday through Friday, 8:00 a.m. —5:00 p.m.
Section 5. The proposed activities for the renewed VTVTBID include tourism
promotions and marketing programs that specifically and specially benefit the Lodging
Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley
as a tourism destination. A portion of the assessments each year will be used to pay for
administrative expenses of the City.
Section 6. Except where funds are otherwise available,the City proposes to annually
levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon
4%of the rent charged by the operator per occupied room per night to pay for activities within
the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days,
and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be
exempt from the VTVTBID assessment. New lodging businesses established within the
boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from
the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not
be included in gross room rental revenue for purpose of determining the amount of the
transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Section 7. The annual assessment described in Section 6 may be levied for a term
of five fiscal years,commencing with the fiscal year beginning on January 1,2025 and ending
on December 31, 2029,after which term the City may again renew the assessment pursuant to
Section 36600 of the Law. For purposes of levying and collecting assessments within the
renewed VTVTBID, a fiscal year shall commence on January 1st and end on the following
2
December 31st; provided that the City Council may, by resolution, designate the fiscal year
as July Pt to June 30th of the following year, or any other fiscal year, subject to all applicable
requirements of the Law.
Section 8. The amount of the annual assessment proposed to be levied in year one
is anticipated to total approximately $2,480,000. This amount is expected to fluctuate over
the remaining four years of the five-year term of the assessment for the renewed VTVTBID
in accordance with occupancy rates and rents charged by the operators of the Lodging
Businesses within the VTVTBID, but the amount is not anticipated to be significantly
different each year.The City shall not issue bonds in connection with the renewed VTVTBID.
Section 9. The City will collect the assessments from Lodging Businesses within the
boundaries of the VTVTBID in monthly installments or such other installments as determined
pursuant to resolution of the City Council. The funds collected will be distributed to the
VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which
VTVTBID assessments are levied as long as they are used consistent with the requirements of
this Resolution.
Section 10. The time and place for the public meeting for comments on the proposed
renewal of the VTVTBID and the levy of the assessments is set for October 22, 2024, at 6:00
p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council
Chambers, 41000 Main Street, Temecula, California.
Section 11. The time and place for the public hearing to consider renewing the
VTVTBID and levying assessments is set for November 12, 2024, at 6:00 p.m., or as soon
thereafter as the matter may be heard,at the City of Temecula, City Council Chambers,41000
Main Street, Temecula, California.
Section 12. At the public hearing a protest may be made orally or in writing by any
interested person. Every written protest shall be filed with the City Clerk at or before the time
fixed for the public hearing. Written protests may be mailed to the City Clerk, City of
Temecula,41000 Main Street, Temecula, California 92590. The City Council may waive any
irregularity in the form or content of any written protest. A written protest may be withdrawn
in writing at any time before the conclusion of the public hearing. Each written protest shall
contain a description of the business in which the person subscribing the protest is interested
sufficient to identify the business and, if a person subscribing is not shown on the official
records of the City as the owner of the business, the protest shall contain or be accompanied
by written evidence that the person subscribing is the owner of the business or the authorized
representative. A written protest that does not comply with these requirements shall not be
counted in determining a majority protest. If written protests are received from the owners or
authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50
percent or more of the assessments proposed to be levied and protests are not withdrawn so as
to reduce the protests to less than 50 percent, no further proceedings to levy the proposed
assessment against such businesses, as contained in this Resolution,shall be taken for a period
of one year from the date of the finding of a majority protest by the City Council.
3
Section 13. Further information regarding the proposed renewal of the VTVTBID
may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula,
California, 92590.
Section 14. The City Clerk is instructed to provide mailed joint notice of the public
meeting and public hearing to the Lodging Businesses in accordance with Section 36623 of
the Law.
Section 15. 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 by the City Council of the City of Temecula
this 24th day of September, 2024.
James Stewart, Mayor
ATT
I OF
_____
R.t di J. • , City Clerk
[SEAL]
I
•
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2024-64 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 24th day of September, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
EXHIBIT A
Visit Temecula Valley Tourism Business Improvement District Boundaries
!`� Temecula Tourism Business Improvement District
kNip,! �'�v`' fieff mY ei.ur %..
:_. j i t NT „:„LIA).;;; Nripil,,.., ii,ol .:._.6* s,4.
11,4a, V"It ,,,,, , 41641.wfer,11 '. 42 4f. 2 1
Mill
k '' '91NN A /I 4-1eVVII ?Rai R d )
§os 4.,‘ \ (0,4,...,0., ,„ sA4.1•J
k40, 1)Lss' .,,i ''''' ki.94". , ..
° ‘7!". .S$'
lit 11:6,34p....; , A
ri .00llihel (‘'' 41
0101
Argil]
VIEPH--il
11-rici.11"A. Oilt7 mil! S
pir, ,
t. , a
40
.4140
e,,,,,,
li ,,,, faorio
IF, `.f.a . ..
d lm
�' I 1.
r
o ' IA
�11
DA 4 abl 0-i 1 Ir.'
III
�0‘57 Bch ■
op*
. .._ i
r L. City Boundaries Walliwri 0111.4 N.
� �4.01r it Avg".
� CC I V I TAS
I