HomeMy WebLinkAbout2024-74 CC Resolution RESOLUTION NO.2024-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RENEWING THE VISIT TEMECULA
VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND
APPROVING A MANAGEMENT AGREEMENT BETWEEN
THE CITY AND VISIT TEMECULA VALLEY TO
ADMINISTER THE ASSESSMENT REVENUES
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 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 four years
and ten months, that commenced with the fiscal year beginning on March 1, 2020, and will end
on December 31,2024 so as to align the VTVTBID's fiscal year with the calendar year of January
1st through December 31st; 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 of Temecula(the
"City")have requested the City Council to initiate proceedings pursuant to the Law to renew the
VTVTBID for a term of five years pursuant to a written petition; and
WHEREAS, the boundaries of the proposed renewed VTVTBID will be the same as the
boundaries of the existing VTVTBID,being the exterior boundaries of the City; 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;
WHEREAS, on September 24, 2024, the City Council adopted 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"; and
WHEREAS,the City caused a notice of a public meeting and public hearing concerning
the proposed renewal of the VTVTBID and the proposed levy of assessments within the
VTVTBID to be duly mailed, as required by law; and
WHEREAS, a public meeting concerning the proposed renewal of the VTVTBID and
the proposed levy of assessments within the VTVTBID was held on October 22,2024,at the hour
of 6:00 p.m. at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula,
California; and
WHEREAS,a public hearing concerning the proposed renewal of the VTVTBID and the
proposed levy of assessments within the VTVTBID was held on November 12, 2024, at the hour
of 6:00 p.m. in the at the City of Temecula, City Council Chambers, 41000 Main Street,
Temecula, California; and
WHEREAS, at the public hearing, the testimony of all interested persons for or against
the renewal of the VTVTBID and the levy of assessments within the VTVTBID was heard and
considered, and a full, fair and complete hearing was held; and
WHEREAS, a majority protest does not exist as defined by Section 36623 of the Law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS:
Section 1. Recitals. The recitals set forth herein are true and correct.
Section 2. Renewal of District. Pursuant to the Law, the business improvement
district designated as the Visit Temecula Valley Tourism Business Improvement District (the
"VTVTBID") is renewed.
Section 3. Description of District. The exterior boundaries of the renewed
VTVTBID are the exterior boundaries of the City,as shown on the map attached hereto as Exhibit
A and incorporated herein by such attachment. The VTVTBID includes all Lodging Businesses,
existing and future,within these boundaries.
Section 4. Assessment. 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
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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 5. Duration of Assessment. The annual assessment described in Section 4
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 December 31st;provided that the City Council may,by resolution,designate the
fiscal year as July 1st to June 30th of the following year, or any other fiscal year, subject to all
applicable requirements of the Law.
The amount of the annual assessment proposed to be levied in year one totals
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.
Section 6. Collection of Assessments. 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 7. Activities. The proposed activities for the 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. The activities will be funded from the Assessments. A portion of the
Assessments each year will be used to pay for administrative expenses of the City.
Section 8. No Bonds. The City shall not issue bonds in connection with the renewed
VTVTBID.
Section 9. Fund.There is a continued special fund designated as the VTVTBID Fund
into which all revenue derived from the Assessments shall be placed. The moneys in such Fund,
except for the moneys to pay administrative expenses, will be distributed to VTV and shall be
used only for the purposes specified in this Resolution. The revenue from the levy of the
Assessments shall not be used to provide improvements or activities outside the VTVTBID or for
any purpose other than the purposes specified in this Resolution. Funds remaining at the end of
any year may be used in subsequent years in which Assessments are levied as long as they are
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used consistent with the requirements of this Resolution.
Section 10. Benefit. The City Council hereby finds that the Lodging Businesses within
the VTVTBID will be specifically and specially benefited by the activities funded by the
Assessments. The activities are narrowly tailored to provide the specific government service of a
sales and marketing program only to Lodging Businesses,which are the only businesses that will
be featured in advertising campaigns and the only businesses that will receive sales leads
generated from the sales and marketing program. The activities will confer on the Lodging
Businesses the specific benefit of generating an increased demand for room night sales. Any
benefit from the activities to non-assessed businesses will occur only incidentally and without
cost to the Lodging Businesses.The Assessment does not exceed the reasonable cost of providing
the activities, with 80% of each annual budget for sales and marketing and only 20% for
administration, contingency and reserve expenses.
Section 11. Amendments. Lodging Businesses within the VTVTBID renewed by this
Resolution shall be subject to any amendments to the Law.
Section 12. Levy of Assessment. The adoption of this Resolution constitutes the levy
of an Assessment in each of the fiscal years referred to herein and in the Management District
Plan.
Section 13. Agreement with VTV. The Mayor is hereby authorized and directed to
execute and deliver, for and in the name of the City, the Management Agreement Between the
City and Visit Temecula Valley for the Operation and Administration of the Visit Temecula
Tourism Business Improvement District(the"Management Agreement")in substantially the form
attached to this Resolution as Exhibit B and incorporated herein by such attachment, with such
changes therein as the Mayor may approve (such approval to be conclusively evidenced by the
execution and delivery thereof).
Section 14. Certification. The City Clerk shall certify to the adoption of this
Resolution.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
Ithis 12t day of November, 2024.
c_____ LA441614?
James Stewart, Mayor
ATTES •
Randi o , City Clerk
[SEAL]
I
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. 2024-74 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 12th day of November, 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
6
EXHIBIT A
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VISIT TEMECULA VALLEY TOURISM
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Renewedpursuantto thePropertyandBusinesslmprovementDistrictLawof
1994(Streets andHighways Codeg36600etseq.)
Submitted by
Visit Temecula Valley 501(c)6
September 9, 2024
VISIT rEMECULq VALLEY 2338199v2 Updated
09/
08/24
VISIT TEMECULA VALLEY TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
TABLE OF CONTENTS
Contents
I. INTRODUCTION AND OVERVIEW........................................................................................................2
II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR TEMECULA VALLEY? ........ 5
III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT?.......................................................6
IV. VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT
BOUNDARIES...................................................................................................................................................7
V. SERVICE PLAN AND BUDGET..................................................................................................................8
A. Assessment.........................................................................................................................................................8
B. Determination of Special Benefit....................................................................................................................8
C. Time and Manner for Collecting -Assessments ..............................................................................................8
D. Service Plan Budget and Programs to be Provided: ................................................................................... 10
E. Annual Service Plan: ........................................................................................................................................ 10
F. Adjustments.....................................................................................................................................................12
VI. VTVTBID GOVERNANCE..........................................................................................................................13
A. Visit Temecula Valley Tourism Business Improvement District Governance......................................13
B. Brown Act and California Public Records Act Compliance.....................................................................13
C. Annual Report..................................................................................................................................................13
APPENDIX 1 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE RENEWED
VTVTB ID *.........................................................................................................................................................14
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 1
I. INTRODUCTION AND OVERVIEW
Developed by Visit Temecula Valley ("VTV' and the lodging businesses within the City of Temecula,
the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID' is a benefit
assessment district which was established in 2015 to help fund marketing and sales promotion efforts
for Temecula Valley lodging businesses. The VTV organization has successfully managed the district
since 2015. This approach has been used successfully in other destination areas throughout the country
to improve tourism and drive additional room nights.
The VTVTBID was established pursuant to the Parking and Business Improvement District Law of
1994 (California Streets and Highways Code Section 36600 et seq.) (the "1994 Law' and replaced the
prior Temecula Valley Tourism Business Improvement District which was established pursuant to the
Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Section
36500 et seq.) and disestablished in 2015.
The initial assessment for the VTVTBID commenced with the fiscal year that began on March 1, 2015
and ended on February 28, 2016, and the five-year term of the initial assessment expired on February
29, 2020 (in a new 1994 Law district, the maximum number of years in which the assessment may be
levied is five years). The 1994 Law provides that any district previously established pursuant to the
1994 Law whose term has expired or will expire may be renewed by following the procedures for
establishment of a district. The 1994 Law provides that upon renewal, a district shall have a term (i.e.,
the number of years in which the assessment may be levied) not to exceed 10 years.
Accordingly, in 2020, the City Council renewed the VTVTBID for a second term by following the same
procedures as for the establishment of the VTVTBID in 2015. The assessment for the renewed
VTVBID commenced with the fiscal year that began on March 1, 2020 and ended on February 28,
2021. The assessment for the second term has a duration of five years and will expire on December
31, 2024 (instead of February 28, 2025 so as to align the VTVTBID's fiscal year with the calendar year
of January 1 st through December 31 st).
The City Council may again renew the VTVTBID for a third term by following the procedures in the
1994 Law that the City followed in 2015 when it established the VTVTBID and in 2019 when it renewed
the VTVTBID for a second term. The VTV and all of the lodging businesses in the City have requested
the Council to undertake proceedings to renew the VTVTBID for a third term, with the assessments
to have a new five-year duration, commencing January 1, 2025 and expiring on December 31, 2029.
An up to date version of the 1994 Law with all applicable amendments is available at:
hllps:Hleginfo.legislature.ca.gov/faces/codes displayexpandedbranch.xhtml?tocCode=SHC&divis
ion=18. &title=&part=7. &chapter —&article=.
Location: No changes to the boundaries of the renewed VTVTBID are proposed. The exterior
boundaries of the existing VTVTBID are the boundaries of the City of Temecula (the
City"). The VTVTBID includes all lodging businesses, existing and in the future, which
include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code
Section 3.20.020 ("Lodging Businesses") within these boundaries. There are no benefit
zones within the VTVTBID.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 2
Services: No changes to the services provided by the renewed VTVTBID are proposed. The
services consist of marketing and sales promotions designed to specifically benefit
Lodging Businesses by increasing tourism and marketing the Temecula Valley as a tourist,
meeting and event destination.
Budget: The total VTVTBID budget for its new five (5) year term of operation upon renewal is
anticipated to be approximately $12,400,000. The amount of revenues raised by the
annual assessment proposed to be levied in year one of the renewed VTVTBID is
anticipated to be approximately $2,480,000. The annual revenues for each year of the
remaining four years of the renewed VTVTBID's five-year term are expected to
fluctuate in accordance with occupancy rates and rents charged by the operators of the
Lodging Businesses within the renewed 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. The City shall retain from the assessments an amount equal
to its actual expenses in renewing the VTVTBID, and 2% of collected assessments each
year will be used to pay for collecting the assessments and administrative expenses of
the City.
Assessment: No changes to the assessment levied within the existing VTVTBID are proposed upon
the third renewal of the VTVTBID throughout its five-year duration. Except where
funds are otherwise available, the City proposes to annually levy an assessment on all
Lodging Businesses within the boundaries of the renewed VTVTBID based upon 4%
of the rent charged by the operator per occupied room per night to pay for activities
within the renewed 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 renewed VTVTBID
assessment. New Lodging Businesses established within the boundaries of the
renewed 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 renewed
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.
Renewal: The City Council may initiate proceedings to renew the VTVTBID upon the submission
of a written petition signed by the owners of Lodging Businesses within the proposed
VTVTBID which will pay more than 50% of the assessments proposed to be levied.
If the City Council, by resolution, declares its intention to renew the VTVTBID, the
Council must hold a noticed meeting and a subsequent public hearing on the proposed
renewal. The owners of the Lodging Businesses will receive a joint notice of the meeting
and public hearing by mail.
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
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 3
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 shall be taken for a period of one year from the date of the finding
of a majority protest by the City Council.
Duration: Upon renewal of the VTVTBID, the proposed assessments shall be levied for five fiscal
years, beginning with the fiscal year that commences on January 1, 2025 and ends on
December 31, 2025, which aligns the VTVTBID's fiscal year with the calendar year. After
the expiration of the third five-year term (December 31, 2029), the City Council may
renew the assessment pursuant to Section 36600 of the 1994 Law. For purposes of
levying and collecting assessments within the renewed VTVTBID, a fiscal year shall
commence on January 1't and end on the following December 315; provided the City
Council may, by resolution, designate the fiscal year as July 15C to June 30`' of the
following year, or any other fiscal year, subject to all applicable requirements of the 1994
Law.
Once per year beginning on the anniversary of the renewal of the VTVTBID there shall
be a 30-day period in which owners of the Lodging Businesses paying more than 50%
of the assessment may petition the City Council to terminate the renewed VTVTBID.
Management: Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The
Owners' Association is charged with managing funds and implementing programs, and must
provide annual reports to the City Council.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 4
II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR
TEMECULA VALLEY?
There are several reasons why now is the right time to renew the VTVTBID; the most compelling
reasons are as follows:
L TheNeed to Increase Occupancy
The renewal of the VTVTBID is a proactive effort to provide supplemental funding beyond
that provided by the City. The funding will ensure that adequate financing exists for the
investment required to increase occupancy in the lodging industry and be competitive in the
conference segment of the tourism market. The investment will cover an expanded marketing
and promotional budget needed to reach this market segment.
2. Stable Funding for Tourism Promotion
The renewal of the VTVTBID will provide a stable source of funding for consistent tourism
promotion efforts. The renewed VTVTBID will provide funding for tourism promotion free
of political and economic circumstances.
Temecula Lodging Businesses have benefitted from the Temecula Valley Tourism Business District.
The renewal of the VTVTBID for its third term under the 1994 Law will provide stable funding over a
new five-year duration, thereby allowing for continued long-range planning and program
implementation.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 5
III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT?
Tourism Business Improvement Districts (TBIDs) utilize the efficiencies of private sector operation in
the market -based promotion of tourism districts. TBIDs allow lodging business owners to organize
their efforts to increase tourism. Lodging business owners within the district fund a TBID, and those
funds are used to provide services that the businesses desire and that benefit the lodging businesses
within the district.
Tourism Business Improvement District services may include, but are not limited to:
Marketing of the Destination
Tourism Promotion Activities
Sales Lead Generation
In California, TBIDs are formed and renewed pursuant to the Property and Business Improvement
District Law of 1994 ("1994 Law'. This law allows for the creation and renewal of a special benefit
assessment district to raise funds within a specific geographic area. The key difference between TBIDs and
other special benefit assessment districts is that funds raised are returned to the tviwte non -pro it co oration serving as the
owners' associationfor the district.
There are many benefits to Tourism Business Improvement Districts:
Funds cannot be diverted for other government programs;
Tourism Business Improvement Districts are customized to fit the needs of each tourism
district;
They allow for a wide range of services, including those listed above;
Tourism Business Improvement Districts are designed, created and governed by
those who will paythe assessment;
They provide a stable funding source for tourism promotion.
An up to date version of the 1994 Law with all applicable amendments is available at:
hiips://le ingfo.legislature.ca.gov/faces/codes_ displayexpandedbranch.xhtml?tocCode=SHC&divis
ion=18. &title=&part=7. &chapter=&article=
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 6
IV. VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT BOUNDARIES
The existing VTVTBID includes all Lodging Businesses, existing and future, within the boundaries of
the City of Temecula. The VTVTBID boundaries are the same boundaries as the City of Temecula, as
shown in the map below. No changes to the boundaries of the renewed VTVTBID are proposed.
When the VTVTBID was established in 2015 for its first five-year term, it included approximately 15
Lodging Businesses. When the VTVTBID was renewed for its second five-year term in 2019, it included
approximately 18 Lodging Businesses. The boundaries of the VTVTBID, shown in the map below,
currently include approximately 20 Lodging Businesses. A complete listing of all 20 Lodging
Businesses within the proposed renewed VTVTBID can be found on Appendix 1 of this Plan.
Visit Temecula Valley Tourism Business Improvement District Management District Page 7
V. SERVICE PLAN AND BUDGET
A. Assessment
No changes to the assessment levied within the existing VTVTBID are proposed upon the renewal of
the VTVTBID. The annual assessment rate to be levied on each Lodging Business within the proposed
renewed VTVTBID is based on the estimated specific and special benefit to the Lodging Businesses.
Except where funds are otherwise available, the City proposes to annually levy an assessment on all
Lodging Businesses within the boundaries of the renewed VTVTBID 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.
Bonds will not be issued.
The amount of assessment, if passed on to each transient, shall be separately stated from the amount of
rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from
the business.
B. Determination of Special Benefit
State law requires that assessment funds be expended on a specific benefit conferred directly to the
payors that is not provided to those not charged, and which does not exceed the reasonable cost to the
City of conferring the benefit. Further, the assessment may be utilized to provide a specific government
service directly to the payors that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of providing the service.
Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The Owners'
Association is charged with managing funds and implementing programs, and must provide annual
reports to the Temecula City Clerk. The specific and special benefit the VTVTBID will provide to
Lodging Businesses, and will not provide to non -assessed businesses, is room night sales. In order to
provide a specific and special benefit and government service only to payors which does not exceed the
reasonable cost thereof, the marketing and promotion services provided with the VTVTBID funds will
be designed specifically to drive room night sales to assessed Lodging Businesses.
C. Time and Manner for CollectingAssessments
The proposed assessments shall be levied for five fiscal years, beginning with the fiscal year which begins
on January 1, 2025 and continuing through the fiscal year which ends on December 31, 2029. The City
will collect the assessments from Lodging Businesses within the boundaries of the renewed VTVTBID
in monthly installments or such other installments as determined pursuant to resolution of the City
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 8
September 9, 2024
Council. The funds collected will be distributed to the VTV Board. 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 the 1994 Law and this Plan.
Each operator of a Lodging Business shall, on or before the thirtieth day of each month, commencing
in January 2025, make a return to the City's Director or Finance, or his or her designee, (the "assessment
administrator', on forms provided by the assessment administrator, of the total rents charged and
received for the immediately preceding month and the amount of assessment installment owed based
on such rents. At such time, the full amount of the assessment installment shall be remitted to the
assessment administrator and shall be delinquent if not paid by such date. If the thirtieth day of the
month falls on a Saturday, Sunday, or City holiday, the return and payment shall be due on the first
business day thereafter. Returns and payments are due immediately upon cessation of business for any
reason and are delinquent thirty days thereafter. Each return shall be signed under penalty of perjury
by a duly authorized agent of the operator. A return or payment made by mail shall be deemed received
on the date shown on a postage cancellation stamp imprinted on the envelope in which the return or
payment is received, or if a return or payment is made by means other than through the United States
mail, a return or payment shall be deemed received on the date the payment is stamped "received" by
the assessment administrator.
Each assessment installment shall be subject to the same penalties and interest for nonpayment or fraud
as are applicable to the transient occupancy tax pursuant to Chapter 3.20 of the Temecula Municipal
Code.
If any operator fails to make, within the required time, any report and remittance of the assessment
installment or any required portion thereof, the assessment administrator shall proceed in such manner,
as the assessment administrator deems best to obtain facts and information on which to base an estimate
of the assessment installments due. As soon as the assessment administrator procures such facts and
information as he or she is able to obtain upon which to base such estimate, the assessment
administrator shall proceed to determine and assess against such operator the assessment installments,
and applicable interest and penalties. In case such determination is made, the assessment administrator
shall give a notice of the amount so assessed by serving it personally or by depositing it in the United
States mail, postage prepaid, addressed to the subject operator at his last place of business known to the
assessment administrator. The operator may make application for a hearing in the manner set forth in
Section 3.20.100 of the Temecula Municipal Code, and, in such case, the provisions of such Section
3.20.100 of this title shall govern the application, hearing, and determination of the assessment
installment, interest and penalties, if any, by the assessment administrator. An operator may appeal the
determination of the assessment administrator to the City Council in the manner set forth in Section
3.20.110 of the Temecula Municipal Code and, in such case, the provisions of such Section 3.20.110
shall govern the appeal and the findings of the City Council, which findings shall be final and conclusive.
The amount of assessment installments, and applicable penalties and interest shall be deemed a debt
owed to the City by the operator of a Lodging Business. An action may be commenced in any court of
competent jurisdiction in the name of the City for the amount of such debt. In addition to the
assessment installments, penalties and interest, the operator shall be liable to the City for the costs of
collection of the amounts due and the enforcement, including, without limitation, all reasonable attorney
fees, staff time and other costs of collection and litigation. Conviction and punishment of any person
for failure to comply shall not relieve such person from paying any assessment installment, penalty or
interest due and unpaid at the time of such conviction nor shall payment prevent prosecution of a
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September 9, 2024
violation of any of the above -described provisions. All remedies shall be cumulative and the use of one
or more remedies by the City shall not bar the use of any other remedy.
Any operator of a Lodging Business or other person who fails or refuses to furnish any return required
to be made, or who fails or refuses to furnish a supplemental return or other data required by the
assessment administrator, or who renders a false or fraudulent return or claim, is guilty of a
misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any
false or fraudulent report or claim with intent to defeat or evade the determination of any amount due
pursuant to the renewed VTVTBID is guilty of a misdemeanor.
The assessment shall be levied on each Lodging Business in the renewed VTVTBID and each such
Lodging Business shall be solely responsible for paying all installments when due. Without disturbance
of the foregoing, a Lodging Business may elect to recover some or all of the amount of the assessment
from persons owing rent to the Lodging Business. The amount to be recovered from any such person
may not exceed the amount of rent owed by that person, multiplied by four percent. The amount so
recovered shall be separately identified or itemized on a document provided to that person.
It shall be the duty of every operator of a Lodging Business to keep and preserve, for a period of three
years, all records as may be necessary to determine the amount of the assessments due. The assessment
administrator shall have the authority to require the maintenance of certain records and the form of
such records and shall have the right to inspect such records at all reasonable times.
Whenever the amount of any assessment installment, interest or penalty has been overpaid or paid more
than once or has been erroneously or illegally collected or received by the City, it may be refunded
provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which
the claim is founded, is filed with the assessment administrator within one year of the date of payment.
The claim shall be on forms furnished by the assessment administrator. No refund shall be paid unless
the claimant established his right thereto by written records showing entitlement thereto.
D. Service Plan Budget and Programs to be Provided:
Service Plan Budget Summary - Fiscal Years 2025-2029
A summary of the annual service plan budget for the renewed VTVTBID is provided on the following
pages. The total five (5) year improvement and service plan budget is projected at approximately
2,480,000 annually.
E. Annual Service Plan:
The overarching message of the marketing program and some of its elements have been set out in this
Plan; the remaining details of the program will be developed by the City -appointed Owners'
Association, which is answerable to the City Council. A service plan budget has been developed to
deliver services throughout the VTVTBID. An annual service plan and budget will be developed
and approved by the VTVTBID Owners' Association. Please see the budget exhibit below. The
budget also includes a portion for contingencies and further renewal of the District. Should the
VTVTBID Owners' Association approve, funds may be appropriated for the renewal effort. If there
are funds remaining at the end of the renewed VTVTBID term and the Owners' Association chooses
to renew, these remaining funds will be transferred to the renewed VTVTBID in accordance with the
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1994 Law. Otherwise, any remaining funds will be spent consistent with this Plan or returned to
assessed businesses in equal proportions to the assessment paid by each business.
Visit Temecula Valley Tourism Business Improvement District Annual Budget,
Years One through Five
SALES and MARKETING — 80%
ADMINISTRATIVE and OPERATIONS —
Office Administration/Operational Expenses
Legal/Accounting
1,984,000.00
322,400.00
CITY ADMINISTRATION FEE — 2% $49,600.00
CONTINGENCY/RENEWAL - 5% $124,000.00
Total Projected Revenue $2,480,000.00
Annual Assessment Budget - $2,480,000
Sales & Marketing,
1,984,000, 80%
iinistrative & Operations,
322,400, 13%
City Administration Fee,
49,600, 2%
ontigency/Renewal/Reserve,
124,000, 5%
The City Council hereby directs the implementation of a coordinated program of promotions. By
adopting this Management District Plan, the City Council establishes programs that include the messages
specified herein as may be modified by the City Council. This Management District Plan sets forth the
following contemplated activities for each year of operation of the renewed VTVTBID:
Sales and Marketing
A sales and marketing program will promote the Temecula Valley as a tourist destination for the benefit
of the Lodging Businesses in the City of Temecula. The sales and marketing program will have a central
theme of promoting the Temecula Valley and Temecula Valley Southern California Wine Country as
desirable place to visit, and may include the following activities:
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Internet and online marketing efforts to increase awareness and optimize internet presence;
Print ads in magazines and newspapers targeted at potential visitors;
Television ads targeted at potential visitors;
Radio ads targeted at potential visitors;
Attendance of trade shows;
Sales blitzes;
Familiarization tours;
Preparation and production of collateral promotional materials such as brochures, flyers and
maps;
Attendance of professional industry conferences and affiliation events;
Partnerships with local and state tourism organizations to target key international markets to increase
overnight visitation at assessed businesses;
Development and implementation of a public relations and communications strategy, inclusive of
social media, eblasts, and press release distributions designed to drive overnight visitation at assessed
businesses;
Lead generation activities designed to attract tourists and group events to Temecula Valley;
Special projects to sponsor special events designed to attract visitors to Temecula Valley;
Director of Sales and General Manager meetings to plan and coordinate tourism promotion
efforts;
Education of hospitality staff on service designed to create a visitor experience that will bring
repeat visits; and
Education of Lodging Business management and the Owners' Association on marketing
strategies best suited to meet the Temecula Valley's needs.
Administrative and Operations
The administrative and operations portion of the budget shall be utilized for staffing costs dedicated
solely to administrative and operations tasks, office costs, and other general administrative costs.
City Administration Fee
The City of Temecula shall be paid a fee equal to 2% of the amount of assessment collected within the
boundaries of the renewed VTVTBID from the Lodging Businesses each fiscal year to cover its costs
of collection and administration.
F. Adjustments
The City approved marketing plan shall remain consistent with the budgets above. Although actual
revenues will fluctuate due to market conditions, the proportional allocations of the budget below shall
remain the same. The VTV board shall have the authority to adjust budget allocations between the
categories by no more than fifteen percent (15%) of the total budget per year.
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VI. VTVTBID GOVERNANCE
A. Visit Temecula Valley Tourism Business Improvement District Governance
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets
Highways Code §36651, to identify the body that shall implement the proposed program. The
Owners' Association of the renewed VTVTBID as defined in Streets & Highways Code §36614.5 is the
body that shall implement the proposed program. The City Council appoints VTV to continue to serve as the
Owner's Association for the renewed VTVTBID.
B. Brown Act and California Public Records Act Compliance
The Owners' Association is subject to government regulations relating to transparency, namely the
Ralph M. Brown Act and the California Public Records Act, designed to promote public
accountability. The owner's association of a tourism business improvement district is considered a
legislative body under California's open meeting act, the Ralph M. Brown Act (Government Code
54950 et seq.). Thus, meetings of the VTV board must be held in compliance with the public notice
and other requirements of the Brown Act. A majority of the Board may not hear, discuss, deliberate or
take action on matters within the subject matter jurisdiction of the renewed VTVTBID except at a
meeting complying with the requirements of the Brown Act. The Owner's Association is also subject
to the record keeping and retention requirements of the California Public Records Act.
C. Annual Report
The VTV board shall present an annual report at the end of each year of operation to the
Temecula City Council pursuant to Streets and Highways Code §36650. Per Section 36650, the City
Council may approve the report as filed or modify it and approve it. The annual report shall include, at
a minimum, the following:
Any proposed changes in the boundaries of the VTVTBID or classification of businesses within the
VTVTBID.
The improvements and activities to be provided for that fiscal year.
An estimate of the cost of providing the improvements and the activities for that fiscal year.
The method and basis of levying the assessment in sufficient detail to allow each business owner to
estimate the amount of the assessment to be levied against his or her business for that fiscal year.
The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
The estimated amount of any contributions to be made from sources other than assessments levied
pursuant to the 1994 Law.
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APPENDIX 1- LODGING BUSINESSES TO BE ASSESSED WITHIN
THE RENEWED VTVTBID*
Lodging :Address
Best Western Plus Hotel & Suites 41841 Moreno Road, Temecula, CA 92590
Best Western Country Inn 27706 Jefferson Ave. Temecula, CA 92590
Embassy Suites Temecula 29345 Rancho California Rd. Temecula CA 92591
Extended Stay America 27622 Jefferson Ave. Temecula, CA 92590
Fairfield Inn and Suites 27416 Jefferson Ave., Temecula, CA 92590
Hampton Inn & Suites 28190 Jefferson Ave., Temecula, CA 92590
Hilton Garden Inn 28210 Jefferson Ave, Temecula CA 92590
Holiday Inn Express 27660 Jefferson Ave. Temecula, CA 92590
Home2 Suites by Hilton 28400 Rancho California Rd. Temecula, CA 92591
La Quinta Inn & Suites 27330 Jefferson Ave., Temecula, CA 92590
Motel 6 41900 Moreno Rd, Temecula, CA 92590
Palomar Inn Hotel 28522 Old Town Front St., Temecula CA 92590
Quality Inn Temecula 27338 Jefferson Ave. Temecula Ca 92590
Signature Temecula 28980 Old Town Front St., Temecula Ca 92590
Springhill Suites by Marriott 28220 Jefferson Ave., Temecula CA 92590
Staybridge Suites 27500 Jefferson Ave, Temecula, CA 92590
Rancho California Inn 41873 Moreno Rd., Temecula Ca 92590
Rodeway Inn 28718 Old Town Front St., Temecula CA 92590
Temecula Creek Inn 44501 Rainbow Canyon Rd. Temecula CA 92590
The Hotel Temecula 42100 Main Street Temecula CA 92590
List as of September 2024
VTVTBID Management District Plan 14
September 9, 2024