HomeMy WebLinkAbout09_100 CC Resolution1
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RESOLUTION NO. 09 -100
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 20010 -11
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 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 levy of an
assessment against lodging businesses within the TVTBID entitled, "Temecula Valley
Tourism Business Improvement District 2010 -11 Annual Marketing Plan Budget and
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Marketing Plan" (the "Report") and, by previous resolution, the City Council preliminarily
approved the Report as filed.
Section 2. The boundaries of the TVTBID are the boundaries of the City, and
include all lodging businesses therein.
Section 3. The City Council hereby declares its intention to amend Temecula
Municipal Code Section 3.40.030.B. to increase the annual assessment from two
percent (2 to four percent (4 against all lodging businesses within the TVTBID,
existing and future, to pay for all the activities to be provided within the TVTBID.
Section 4. 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 2010 -11 (March 1, 2010 to February 28, 2011). Such assessment is
proposed to increase from 2% to 4% from the assessment levied and collected in the
TVTBID for fiscal year 2010 -11. The proposed fiscal year 2010 -11 TVTBID assessment
is to be levied on all lodging businesses, which include hotels, motels, and bed and
breakfasts as defined in Temecula Municipal Code Section 3.20.040, within the TVTBID
boundaries based upon four percent (4 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 Temecula
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 Temecula Municipal Code. New lodging businesses established within the
boundaries of the TVTBID after the beginning of the 2010 -11 fiscal year will not be
exempt from the levy of the fiscal year 2007 -08 assessment. The assessment shall be
collected in monthly installments as set forth in Chapter 3.40 of the Temecula Municipal
Code.
Section 5. In the event the City Council does not amend Temecula Municipal
Code Section 3.40.030.B. to increase the annual assessment from two percent (2 to
four percent (4 against all lodging businesses within the TVTBID, 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 2010 -11 (March 1,
2010 to February 28, 2011). Such assessment would not increase from the
assessment levied and collected in the TVTBID for fiscal year 2009 -10. Under these
circumstances, the proposed fiscal year 2010 -11 TVTBID assessment would be levied
on all lodging businesses, which include hotels, motels, and bed and breakfasts as
defined in Temecula 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 Temecula Municipal Code Section 3.20.040,
will be exempt from the levy of the assessment. The assessments will not be included
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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.
New lodging businesses established within the boundaries of the TVTBID after the
beginning of the 2010 -11 fiscal year will not be exempt from the levy of the fiscal year
2010 -11 assessment. The assessment shall be collected in monthly installments as set
forth in Chapter 3.40 of the Municipal Code.
Section 6. 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 7. The City Council hereby fixes the time and place for a public
hearing on the proposed levy of the fiscal year 2010 -11 assessment against lodging
businesses within the TVTBID as follows:
Section 8. General Matters.
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Time: 7:00 p.m.
Date: January 12, 2010
Place: City of Temecula
City Council Chambers
43200 Business Park Drive
Temecula, California.
A. At the public hearing the testimony of all interested persons regarding the
amendment of the assessment and the levy of the assessment within the TVTBID for
fiscal year 2010 -11 will be heard. A protest may be made orally or in writing at the public
hearing.
B. 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.
C. Every written protest must be filed with the City Clerk at or before the
close of the public hearing. Written protests may be delivered or mailed to the City
Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590.
D. 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.
E. 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
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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 9. 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 2010 -11 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 10. Further information regarding the TVTBID may be obtained from
the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California,
92590. For a full and detailed description of the boundaries of the TVTBID, the activities
to be provided for fiscal year 2010 -11 and the proposed fiscal year 2010 -11
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 11. 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
and mailing this Resolution to all lodging businesses within the TVTBID ten (10)
calendar days before the hearing.
Section 12. 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of December, 2009.
ATTEST:
Susan W
City Cler
[SEAL]
Jones, MMC
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Maryann Edwards, Mayor
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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 Resolution No. 09 -100 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 8th day of December, 2009, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Roberts, Washington,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Naggar
ABSTAIN: 0 COUNCIL MEMBERS: None
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Susa W. Jones, MMC
City Clerk