HomeMy WebLinkAbout25118RESOLUTION NO. 25118
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.
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 PalmSprings, 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
type or types of improvement or activity within the TBID, then those types of '
improvements or activities shall be eliminated.
T 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.
ADOPTED THIS 5T" DAY OF JUNE 2023.
Z4���1` r
Scott C. Stiles, City Manager
ATTEST:
A//J�Z_
Brenda Pree, City Clerk
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. 25118 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 June 5, 2023, by the following
vote:
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein and
Mayor Garner
NOES: None
ABSENT: None
RECUSED: None
IN WITNESS WHEREOF, I have hereunt Mt my hand and affixed the official seal of the
City of Palm Springs, California, this day of J N 'E7
D
Brenda ee, MMC, CERA, City Clerk
City of Palm Springs, California