HomeMy WebLinkAbout15-010 CC ResolutionRESOLUTION NO. 15 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING ITS INTENTION TO
DISESTABLISH THE TEMECULA VALLEY TOURISM
BUSINESS IMPROVEMENT DISTRICT ESTABLISHED
PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT AREA LAW OF 1989
WHEREAS, the Parking and Business Improvement Area Law of 1989,
California Streets and Highways Code Sections 36500 et sec. (the "1989 Act'),
authorizes the City Council to establish a parking and business improvement area and
levy an assessment against businesses within the parking and business improvement
area, which is in addition to any assessments, fees, charges, or taxes imposed in the
City; and
WHEREAS, on January 10, 2006, the City Council adopted Ordinance No. 05 -17
establishing the Temecula Valley Tourism Business Improvement District (the
"TVTBID ") and a 2% assessment for lodging businesses within the TVTBID pursuant to
the 1989 Act as Chapter 3.20 of the Temecula Municipal Code, and on January 26,
2010 the City Council adopted Ordinance No. 10 -1 amending Chapter 3.20 of the
Temecula Municipal Code to provide for a 4% assessment for lodging businesses within
' the TVTBID pursuant to the 1989 Act; and
WHEREAS, the Property and Business Improvement District Law of 1994,
California Streets and Highways Code Section 36600, et seq. (the "1994 Act'),
authorizes the City Council to establish a property and business improvement district
and levy an assessment against businesses within the property and business
improvement district, which is in addition to any assessments, fees, charges, or taxes
imposed in the City; and
WHEREAS, on February 10, 2015, the City Council adopted a Resolution
Establishing the Visit Temecula Valley Tourism Business Improvement District (the
"VTVTBID ") and a 4% assessment for lodging businesses within the VTVTBID pursuant
to the 1994 Act; and
WHEREAS, the VTVTBID will provide a more stable funding and management
mechanism and allow a more comprehensive business improvement program than has
been possible through the TVTBID, and the City Council has determined that the
existing TVTBID is no longer necessary due to the establishment of the VTVTBID; and
WHEREAS, pursuant to Section 36550 of the 1989 Act, the City Council may
disestablish the TVTBID by adopting an ordinance after a noticed public hearing on the
' matter; and
WHEREAS, the City Council intends to disestablish the existing TVTBID;
Resos 15 -10
' THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The recitals set forth herein are true and correct.
Section 2. Pursuant to Section 36550 of the 1989 Act, the City Council
declares its intention to disestablish the existing TVTBID.
Section 3. The time and place for the public hearing to consider
disestablishing the existing TVTBID is set for March 10, 2015, at 7:00 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 4. 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,
I the protest shall contain or be accompanied by written evidence that the person
subscribing is the owner of the business or the authorized representative.
Section 5. Further information regarding the disestablishment of the existing
TVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street,
Temecula, California, 92590.
Section 6. The City Clerk is directed to provide notice of the public hearing in
accordance with Sections 36523 and 36550 of the 1989 Act, including mailing a
complete copy of this resolution by first class mail to each owner of a lodging business
within the existing TVTBID within seven (7) days following the City Council's adoption of
this resolution and publishing this resolution in a newspaper of general circulation in the
City once for at least seven (7) days before the public hearing.
Section 7. Any assets acquired with revenues of the assessments levied within
the TVTBID and any remaining revenues derived from the assessments levied within
the TVTBID shall be transferred to the VTVTBID.
Section 8. 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.
Resos 15 -10 2
' PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of February, 2015.
ATTEST:
Randi Jo I -Ols n, JD, MMC
City Clerk
[SEAL]
Resos 15 -10 3
Jett Uomerchero, Mayor
STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl - Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Resolution No. 15 -10 was duly and regularly adopted by the City
Council of the City of Temecula at a meeting thereof held on the 10th day of February,
2015, by the following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Resos 15 -10
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None
None
4i
Randi Johl- Olson, JD, MMC
City Clerk