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HomeMy WebLinkAbout08-009 CC Resolution . I I I RESOLUTION NO. 08-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2008-09 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The Parking and Business Improvement Area law of 1989, California Streets and Highways Code Section 36500 et sea., (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"). Section 2. That pursuant to the law, the City Council adopted Ordinance No. 05-16 on December 13, 2005, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID"). Section 3. That 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. Section 4. By previous resolution, 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"). Section 5. 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 2008-09 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "07 Annual Report" and "08 Annual Report: Budget and Marketing Plan" (the "Reports") and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 6. The boundaries of the TVTBID are the boundaries of the City, and include all lodging businesses therein. R:/Resos 200B/Resos OB-09 . I I I Section 7. The City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against lodging businesses within the TVTBID boundaries pursuant to the Law for fiscal year 2008-09 (March 1, 2008 to February 28, 2009). Such assessment is not proposed to increase from the assessment levied and collected in the TVTBID for fiscal year 2007-08. The proposed fiscal year 2008-09 TVTBID assessment is to be levied on all lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code (the "Municipal Code") Section 3.20.040, within the TVTBID boundaries based upon two percent (2%) of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Municipal Code Section 3.20.040, will be exempt from the levy of the assessment. The assessments will 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 Municipal Code. New lodging businesses established within the boundaries of the TVTBID after the beginning of the 2008-09 fiscal year will not be exempt from the levy of the fiscal year 2008-09 assessment. The assessment shall be collected in monthly installments as set forth in Chapter 3.40 of the Municipal Code. Section 8. The revenues raised from the levy and collection of the assessment shall be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination that benefits lodging businesses located and operating within the boundaries of the TVTBID as provided for in Chapter 3.40 of the Municipal Code, and shall not be used for any other purposes. The City shall retain two percent (2%) of the collected revenues to pay for collecting the assessments and administering the TVTBID. Section 9. The City Council hereby fixes the time and place for a public hearing on the proposed levy of the fiscal year 2008-09 assessment against lodging businesses within the TVTBID as follows: Time: Date: Place: 7:00 p.m. February 12, 2008 City of Temecula City Council Chambers 43200 Business Park Drive Temecula, California. Section 10. At the public hearing the testimony of all interested persons regarding the levy of the assessment within the TVTBID for fiscal year 2008-09 will be heard. A protest may be made orally or in writing at the public hearing. A. 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. R:/Resos 200B/Resos OB.Q9 2 . I I I B. Every written protest must be filed with the City Clerk at or before the time fixed herein for the public hearing. Written protests may be delivered or mailed to the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92589. C. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. D. Each written protest must contain a written description of the 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 City 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. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Section 11. If at the conclusion of the public hearing, there are of record, written protests (submitted and not withdrawn) by the owners of the businesses within the TVTBID that will pay fifty percent (50%) or more of the total assessments of the entire TVTBID, no further proceedings to levy the proposed fiscal year 2008-09 assessment, 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. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TVTBID. Section 12. Further information regarding the TVTBID may be obtained from the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92589. For a full and detailed description of the boundaries of the TVTBID, the activities to be provided for fiscal year 2008-09 and the proposed fiscal year 2008-09 assessment, reference is hereby made to the Report of the Advisory Board. The Report is on file in the office of the City Clerk and open to public inspection. Section 13. The City Clerk is instructed to provide notice of the public hearing by publishing this Resolution in a newspaper of general circulation in the City, at least seven days before the hearing. Section 14. 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. R:/Resos 200BlResos OB-OS 3 . I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2008. _~~.rlY\~ Michael S. Naggar, Mayor ATTEST: (J [SEAL] I 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. 08-09 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None I u Susan . Jones, MMC City Clerk R:/Resos 200B/Resos OB-OS 4