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HomeMy WebLinkAbout1N OCR CITY COUNCIL STAFF REPORT DATE: JUNE 5, 2023 CONSENT CALENDAR SUBJECT: RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2023-2024 FROM: Scott C. Stiles, City Manager BY: Department of Finance and Treasury SUMMARY: The City Council will consider adopting a Resolution of Intention (Attachment 1) to levy and collect assessments for the Palm Springs Small Hotel Tourism Business Improvement District and setting the public hearing for June 29, 2023. RECOMMENDATION: 1) Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2023-2024; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.” STAFF ANALYSIS: On November 16, 2016, the City Council adopted Ordinance No. 1903 establishing the Palm Springs Small Hotel Tourism Business Improvement District (TBID), and on November 2, 2016, adopted Resolution No. 24127 authorizing the levy of assessments. TBID is a special benefit assessment district that was established by the City Council, under existing State law1, for the specific purpose of funding improvements and activities 1 Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §36500 et seq. Item 1N - Page 1 City Council Staff Report June 5, 2023 -- Page 2 Small Hotel Tourism BID to improve a specific business area and promote tourism within the area in question. The TBID assessment is not on real property, and therefore not subject to Proposition 218. This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs Convention and Visitors Bureau (GPSCVB). The establishment and function of the TBID do not impact or pertain to the current GPSCVB assessment. The TBID Advisory Board has submitted its report for Fiscal Year 2023-24 (Attachment 2) and is recommending the continuation of the 1% assessment on room revenue. The boundaries of the district are citywide, but the assessments would be limited to hotels of 49 rooms or less, of which there are approximately 77 active small hotels in Palm Springs. The activities authorized by Ordinance No. 1903 include: (i) the promotion of tourism within the District; (ii) the promotion of public events that benefit hotel and motel businesses operating in the District; (iii) furnishing of music in any public place in the District; and (iv) activities that benefit hotel and motel businesses located and operating in the District. The primary purpose of these activities is to promote tourism within the District. The report is on file with the City Clerk’s Office and contains a full and detailed description of: (i) the activities to be provided for the 2023/24 fiscal year; (ii) the boundaries of the District; and (iii) the proposed assessments to be levied upon the businesses within the area for that fiscal year. In order to levy the assessments, state law requires that the City Council first approve the attached report, then adopt a resolution of intention, declaring the City Council’s intent to levy and collect the assessments. Among other things, the resolution of intention must fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for the fiscal year. That public hearing must be held not less than 10 days after the adoption of the resolution of intention. In addition, state law requires the City Clerk to give notice of the public hearing by causing the resolution of intention to be published in a newspaper of general circulation in the City, not less than 7 days before the public hearing. The attached resolution of intention contains the information required by state law. FISCAL IMPACT: Based upon the current assessment information, the assessment will generate approximately $769,046 in FY 2023-24 of restricted funds, for the specific purpose of advancing the TBID’s interests. The City incurred costs in establishing the TBID in FY 2017-18 and will continue to incur costs in annually sustaining the TBID. These annual costs include mailings, hearings, notifications, related staff and research time. TBID administration includes collection, distribution, and auditing of the assessment, annual report preparation, and City staff time. All administrative staff time and costs are reimbursed from the proceeds of the assessment. Item 1N - Page 2 City Council Staff Report June 5, 2023 -- Page 3 Small Hotel Tourism BID The Acting Director of Finance estimates the cost to process monthly assessment returns and payments, collection of monthly assessment returns, annual administrative costs to prepare the notices, and conducting the public hearing to renew the TBID will be approximately $46,000 for FY 2023-24. REVIEWED BY: Acting Director of Finance Kristopher J Mooney City Manager: Scott Stiles ATTACHMENTS: A. Proposed Resolution of Intent B. Annual TBID Report for FY 2023-24 Item 1N - Page 3 ATTACHMENT 1 Item 1N - Page 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING JUNE 29, 2023, FOR THE PUBLIC HEARING WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California (the “City”); and WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code sections 36500 et seq. (the “Act”) authorizes the City to improve a specific business area and promote tourism within the area in question, and to impose assessments on businesses for those purposes; and WHEREAS, on November 16, 2016, the City Council of the City adopted Ordinance 1903, adding Chapter 5.83 to the Palm Springs Municipal Code, and establishing the Palm Springs Small Hotel Tourism Business Improvement District (the “TBID”); and WHEREAS, on June 5, 2023, the Council considered and approved an annual TBID report identifying activities planned for fiscal year 2023-24 and consistent with the requirements of Ordinance 1903 and the Act. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: 1. The City Council hereby approves the recitals above as true and correct findings, incorporates those findings herein inclusive of all defined terms, and pursuant to the Act, declares its intention to levy and collect assessments within the TBID, a citywide district limited to hotels of forty-nine (49) rooms or less, for fiscal year 2023-24. 2. The programs funded by the TBID shall be for the promotion of the business activity of designated motel and hotels within the district. TBID activities shall include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operating in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements. 3. No changes are proposed as to the TBID’s boundaries, which are co-extensive with the City limits of the City of Palm Springs, or as to the method and basis of levying assessments as established in Ordinance 1903 for fiscal year 2016-17, to wit, the assessment shall be at the rate of one percent (1%) of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment for Fiscal Year 2023-24, from July 1, 2023, through June 30, 2024. Item 1N - Page 5 Resolution No. Page 2 New hotel and motel businesses established during fiscal year 2023-24 within the TBID shall not be exempt from the levy of the assessment. 4. All interested parties should refer to the annual report on file with the City Clerk of the City of Palm Springs, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, prepared by the TBID Advisory Board, and presented to the City Council concurrent with this resolution, which report can also be found online at http://www.palmspringsca.gov. The report contains a detailed description of the activities to be provided for fiscal year 2023-24, the boundaries of the TBID, and the proposed assessments to be levied upon the businesses within, and subject to, assessments in the TBID for fiscal year 2023-24. 5. NOTICE IS HEREBY GIVEN that Thursday, June 29, 2023, at the hour of 5:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Palm Springs located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, is fixed as the time and place for a public hearing on the levy of the proposed assessments for fiscal year 2023-24. At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for fiscal year 2023-24 or the furnishing of specified types of improvements or activities in fiscal year 2023-24 in the TBID shall be heard and considered by the City Council. Protests against the levying of assessments for fiscal year 2023-24, the extent of the area of the TBID, or the furnishing of specified types of improvements or activities may be made orally or in writing by any interested person. Each written protest must be filed with the City Clerk, 3200 E. Tahquitz Canyon Way, Palm Springs, California, at or before the time fixed for the public hearing. 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. A written protest inconsistent with this Resolution shall not be counted in determining a majority protest. 6. If written protests against the levying of assessments for fiscal year 2023-24 are received from the owners of businesses in the TBID which would pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protest to less than fifty percent (50%), then no further proceedings to levy the proposed assessment may be taken by the City Council for a period of one (1) year from the date of the finding of a majority protest by the City Council. If the majority protest is against the furnishing of a specified Item 1N - Page 6 ---- Resolution No. Page 3 type or types of improvement or activity within the TBID, then those types of improvements or activities shall be eliminated. 7. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Written protests shall be filed with the clerk at or before the time fixed for hearing. 8. The City Clerk shall give notice of the public hearing pursuant to California Streets and Highways Code Section 36523 by causing the publishing of this Resolution of intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5th DAY OF JUNE 2023. SCOTT C. STILES CITY MANAGER ATTEST: BRENDA PREE CITY CLERK Item 1N - Page 7 Resolution No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 29th day of June 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of , . BRENDA PREE CITY CLERK Item 1N - Page 8 ATTACHMENT 2 Item 1N - Page 9 PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT “TBID” CITY OF PALM SPRINGS, CALIFORNIA REPORT OF THE TBID ADVISORY BOARD FISCAL YEAR 2023-2024 Introduction The Advisory Board of the Palm Springs Small Hotel Business Improvement District (the “TBID”), has caused this report to be prepared pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways Code) (the “Law”). This report is for the TBID for Fiscal Year 2023-2024, commencing July 1, 2023 and ending June 30, 2024. As required by the Law, this report contains the following information: (1) Any proposed changes in the boundaries of the TBID or in any benefit zones within the TBID; (2) The improvements and activities to be provided for Fiscal Year 2023-2024; (3) An estimate of the cost of providing the improvements and the activities for that fiscal year; (4) 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 Fiscal Year 2023-2024. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and (6) The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Item 1N - Page 10 Advisory Board Report Fiscal Year 2023-2024. Page 2 SECTION 1: Proposed changes in the boundaries of the TBID or in any benefit zones within the TBID. The boundaries of the TBID are the City Limits of the City of Palm Springs. These boundaries will continue for Fiscal Year 2023-2024. There are no benefit zones within the TBID. SECTION 2: The improvements and activities to be provided for Fiscal Year 2023-2024. No improvements are proposed to be provided for Fiscal Year 2023-2024. The activities listed in Exhibit ‘A’ to this Report are proposed to be provided annually. Not all of these activities may be provided during that Fiscal Year, though work may be done on any or all of the activities during the Fiscal Year. SECTION 3: An estimate of the cost of providing the improvements and the activities for Fiscal Year 2023-2024. The total cost of providing the activities is estimated to be $ 1,098,000.00. The budget for providing the activities is set forth in Exhibit ‘A’ to this Report. SECTION 4: 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 Fiscal Year 2023-2024. Except where otherwise defined in this Report, all capitalized terms shall have the meanings set forth in the Palm Springs Municipal Code. Additionally, the following terms shall have the following meanings: A. “Gross Occupancy Revenue” means the total Rent received from Transients by a Hotel and Motel Business. B. “Hotel and Motel Business” means any Operator of a Hotel. C. “Transient Occupancy Tax” means the tax imposed by the City in the Municipal Code. The Assessment will be levied against each Hotel and Motel Business in the City consisting of 49 rooms or less. No other business shall be subject to the Assessment. The Assessment will be calculated as a percentage of each day’s Gross Occupancy Revenue. The rate of the Assessment will be set annually by resolution of the City Council adopted pursuant to Section 36535 of the Law. For Fiscal Year 2023-2024 the rate is recommended to be one percent (1.0%). Item 1N - Page 11 Advisory Board Report Fiscal Year 2023-2024 Page 3 The Assessment calculated based on each day’s Gross Occupancy Revenues shall be paid to the City no later than the date on which the Hotel and Motel Business is required, pursuant to the Palm Springs Municipal Code, to remit to the City the Transient Occupancy Tax collected by the Hotel and Motel Business on that day. New Hotel and Motel Businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment. SECTION 5: The amount of any surplus or deficit revenues to be carried over from a previous fiscal year It is projected that $ 726,248.00 in TBID revenues will be carried over from Fiscal Year 2022-2023 to Fiscal Year 2023-2024 to fund activities of the TBID. SECTION 6: The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Assessment Proceeds were estimated to be approximately $ 769,046.00 for Fiscal Year 2022-2023. There are no contributions expected from other funding sources. Assessment proceeds will be spent only on activities authorized in the resolutions of the City Council of the City of Palm Springs establishing the TBID and/or levying the assessments. Submitted by: Michael C. Green, President, on behalf of the TBID Advisory Board to the Office of the City Clerk on May 4, 2023. Item 1N - Page 12 Activities, Programs and Services To be Funded by Palm Springs Small Hotel TBID Fiscal Year 2023-2024 Addendum "A" Projected Budget Est. Carry-Over from 2022-2023 $ 726,248.00 Estimated collections for 2023-2024 $ 769,046.00 Total Estimated Budget (2023-2024) $ 1,495,294.00 Advertising and Direct Marketing Ad Media $ 400,000.00 PPC $ 85,000.00 Social Media $ 35,000.00 Creative Development/Project Direction $ 25,000.00 Agency Fees $ 36,000.00 Video Production $ 50,000.00 Photography $ 50,000.00 Print Collateral/Printing $ 15,000.00 Website Development/Programming $ 50,000.00 Database Research and Development $ 20,000.00 Public Relations Newsletters, Paid Articles & Blogs $ 50,000.00 Fams and Missions $ 30,000.00 PR Agency Fees $ 36,000.00 Media Monitoring $ 15,000.00 Special Programs/Artist in Residence $ 50,000.00 Promotions and Events $ 50,000.00 Office Supplies/Postage $ 5,000.00 Research $ 50,000.00 Administration $ 46,000.00 Costs of collecting and administering the assessment (reimbursed to the city of Palm Springs) Total Projected Spending for 2023-2024 (Budgeted) $ 1,098,000.00 Fund Balance $ 397,294.00 Item 1N - Page 13 Addendum "B" Projected Spending Activities, Programs and Services of the Palm Springs Small Hotel TBID Fiscal Year 2022-2023 Advertising and Direct Marketing Ad Media $ 250,000.00 PPC $ 75,000.00 Social Media $ 35,000.00 Creative Development/Project Direction $ 20,000.00 Agency Fees $ 36,000.00 Video Production $ 35,000.00 Photography $ 20,000.00 Print Collateral/Printing $ 5,000.00 Website Development/Programming $ 50,000.00 Database Research and Development $ 12,000.00 Public Relations Newsletters & Blogs $ 15,000.00 Fams and Missions $ 30,000.00 PR Agency Fees $ 36,000.00 Media Monitoring $ 15,000.00 Special Programs/Artist in Residence $ 45,000.00 Promotions and Events $ 40,000.00 Office Supplies/Postage $ 2,500.00 Research $ 35,000.00 Administration $ 45,634.00 Costs of collecting and administering the assessment (reimbursed to the city of Palm Springs) Total Projected Spending for 2022-2023 (Budgeted) $ 802,134.00 Carry-over from Fiscal Year 2021-2022 (Actual) $ 759,336.00 Projected Assessment Collections for 2022-2023 (Per TBID Estimate) $ 769,046.00 Projected Carry-over (Based on Projected Assessment Collections) $ 726,248.00 Item 1N - Page 14