HomeMy WebLinkAbout2091ORDINANCE NO. 2091
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM
SPRINGS MUNICIPAL CODE ESTABLISHING
PROCESSES AND PROCEDURES FOR THE FORMATION
OF COMMERCIAL DISTRICTS.
City Attorney's Summary
The proposed ordinance establishes a process for the
formation of commercial district organizations, adopts
procedures for the administration of commercial districts, and
provides for communication and coordination between district
representatives and City staff.
WHEREAS, the City Council of the City of Palm Springs, California, recognizes the
importance of participation in local government; and
WHEREAS, business owners and commercial property owners have
demonstrated their interest in matters that affect the City's commercial areas; and
WHEREAS, participation by business owners and commercial property owners is
more effective where a designated communication link and an organizational
infrastructure exists to facilitate communication, encourage participation and seek to
achieve consensus; and
WHEREAS, the City Council recognizes that there are a variety of projects
undertaken by the City, or subject to the City's approval, and that such projects include,
but are not limited to, development projects; public works projects; temporary special
events conducted either by the City or private entities subject to the City's approval which
may affect specific commercial areas; the abatement of nuisances; public safety issues;
the adoption of ordinances and regulations which may affect business owners or the
conduct of businesses; and similar matters; and
WHEREAS, in response to the requests from business owners and commercial
property owners, to ensure the most efficient use of the time and resources of City
Councilmembers, City Commissioners, City staff, citizens and other public and private
entities, the City Council desires to add Chapter 2.65 to the Palm Springs Municipal Code
to establish a process for the formation of commercial district associations, provide
procedures for administration of such districts, and establish coordination pathways
between City staff and commercial district members.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS
FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
Ordinance No. 2091
Page 2
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by the and through this Ordinance.
SECTION 2. Chapter 2.65 is hereby added to the Palm Springs Municipal Code
to read as follows:
"Chapter 2.65 COMMERCIAL DISTRICT FORMATION
2.65.010 Purpose.
This chapter is intended to create a framework to include the business owners of
the city of Palm Springs in civic affairs to work to improve the livability and
character of their commercial districts and the city. This chapter sets forth the basis
for recognition of commercial districts and the responsibilities and benefits
accruing thereto, as well as an additional manner in which the commercial districts
can receive notification of city actions that may affect businesses. There are a
variety of projects undertaken by the city, or subject to the city's approval, or
otherwise affecting the quality of life for Palm Springs businesses, which the
commercial district organizations can receive notice of.
The purpose of this chapter is to foster partnerships of open communication by
establishing a mechanism for two-way communication between the city and
commercial district organizations, to allow for direct participation and education of
the city's businesses, and to encourage diverse perspectives, which is intended to
lead to innovative solutions and consensus.
2.65.020 Limitations.
Nothing herein is intended in any way to limit or govern the rights of business
owners or property owners to associate or to form groups or nonprofit entities as
they desire. This chapter is merely intended to create a process so that commercial
district organizations can be given notice of city actions that may affect the city's
businesses. This process is not a substitute for the notification required by law, but
is in addition to such requirements and city officials shall continue to separately
meet all requirements for notice provided by state and local laws.
2.65.030 Definitions.
"City actions" that are subject to this chapter are those events, actions of City
Council, city boards, commissions, agencies or departments and other
occurrences regarding public safety and general interest and welfare that affect
the City's businesses. The city manager, shall work with the various departments
of the city to develop a detailed list of what shall be considered city actions under
this chapter, pursuant to Section 2.65.050(4). Examples of city actions include, but
are not limited to, development projects; public works projects of interest because
Ordinance No. 2091
Page 3
they affect public access; special events conducted by either the city or private
entities subject to the city's approval that may affect specific commercial districts;
the abatement of nuisances; public safety issues; and the adoption of ordinances
and regulations that may affect businesses.
"Map of commercial district organization areas" means the map drawn by the city
manager to establish the areas of representation for the commercial district
organizations, pursuant to Section 2.65.050(2).
"Commercial district" means geographically contiguous businesses at least one
block in length; or ten (10) or more businesses with a commonality of interests,
such as restaurants, retailers, or art galleries.
"Commercial district boundaries" means the boundaries of each commercial
district as established in the map of commercial district organizations.
"Commercial district organization" means an autonomous organization, whether
incorporated or not, formed voluntarily by business owners for the purpose of
considering and acting on issues affecting livability and quality of their commercial
district.
"Commercial district representative" means the Chair of each commercial district
organization.
"Special events" include events conducted by either the city or private entities
subject to city approval that may affect surrounding property. When there is a
series of linked events, one notice may be given listing all of the applicable dates.
2.65.040 Findings.
The City Council finds that there is a need to maintain strong channels of
communication with the businesses of Palm Springs on matters affecting their
commercial districts. It is the intent of the City Council to foster a partnership of
open communication between the city and its commercial districts; to enhance the
environment in which businesses are afforded an opportunity to participate in
governmental decisions; to foster cooperation and consensus among diverse
interests; to assist the city and businesses in developing solutions to mutual
concerns; and to foster within the city government a service orientation towards its
businesses and to develop in the businesses a sense of personal pride and
responsibility for their commercial districts. The City Council has recommended
that recognized commercial district organizations be included in the formation of
policies and procedures relating to the governance of the city.
The city shall provide notice hereunder to each commercial district representative
who shall be responsible for communicating with their respective commercial
Ordinance No. 2091
Page 4
district organization. The commercial district organizations shall not be subject to
the Brown Act, as they were not created by the City Council, nor do they exercise
any authority that may lawfully be delegated by the City Council to them.
2.65.050 City Manager duties and authority for commercial districts.
The city manager shall designate a liaison to communicate and coordinate with the
commercial district representative. It shall be the duty of the city manager, and he
or she shall have authority:
(1) To certify the commercial district organizations;
(2) To set the boundaries of each commercial district organization on the map
of commercial district organization areas and any revisions thereto;
(3) To establish procedures for the departments of the city to give notice to the
commercial district representatives, with a reasonable opportunity for the
commercial district organizations to respond prior to city actions being
undertaken by any agency or department of the city, any board or
commission of the city or the City Council as outlined in subdivision (4);
(4) On an as -needed basis, to meet with the various departments of the city
that communicate with citizens who will be affected by the department's
actions and, if necessary, to discuss with such departments strategies to
improve such communications. The city manager shall develop a list of
activities which shall be considered city actions hereunder and what notice
is recommended for such city action;
(5) To meet with commercial district representatives at least semi-annually to
evaluate from the perspective of commercial district representatives
whether the city has provided timely notice to commercial district
representatives of city actions and whether the city was responsive to the
commercial districts;
(6) To work with commercial district representatives to establish the standards
for reasonable notice, openness and participation in commercial district
meetings, as further described in Section 2.65.060;
(7) To keep the City Council fully advised as to the needs of the commercial
districts and to recommend to the City Council for adoption necessary
measures and ordinances; and
(9) To perform such other duties and exercise such other authority as may be
delegated from time to time by ordinance or resolution of the City Council.
Ordinance No. 2091
Page 5
2.65.060 Commercial district organizations.
(1) To establish a commercial district organization, more than 50% of the
businesses in the commercial district boundaries shall affirmatively vote to
establish the commercial district organization. The formal petition with the
names/signatures of business owners participating in the district shall be
submitted to the City Manager for approval of the commercial district
organization.
(2) The membership of commercial district organizations shall be open to all
business owners and owners of property within the commercial district
boundaries. The commercial district organization shall give reasonable
notice of all its meetings to all business owners and property owners within
its boundaries. The commercial district organization's bylaws shall
guarantee that all meetings will be open and public and will permit, to the
extent feasible, every person eligible for membership to participate in the
conduct of business, deliberation and decision -making at such meetings.
(3) In accordance with the commercial district organization bylaws, the
commercial district organization shall elect a chair who shall serve as the
commercial district representative.
(4) All members of the commercial district organization may actively participate
in commercial district events, activities and meetings, and may exercise
voting rights pursuant to the bylaws, without regard to their actual or
perceived race, color, religion, ancestry, national origin (as such term is
defined in Section 2.45.010 of the Palm Springs Municipal Code), disability,
medical condition, marital status, domestic partner status, sex, gender,
gender identity, gender expression, or sexual orientation or as a member of
any other protected class. The commercial district organization will be
responsible for maintaining records to show its efforts at outreach, the level
of participation in the organization and the organization's activities.
2.65.070 Funding.
If the bylaws of the commercial district organization establish membership dues,
then dues shall be voluntary and shall not bar any business owner or property
owner from participation in the commercial district organization. Voluntary dues,
contributions, contracts, grants or subscriptions may be used by a commercial
district organization as provided for in the commercial district organization's
bylaws.
2.65.080 Commercial district organization reports.
Each recognized commercial district organization shall submit the minutes of its
Ordinance No. 2091
Page 6
annual meeting and any special meetings, as well as the list of the members of its
governing body and the expiration dates of their terms of office, to City Manager's
designee within thirty days following such meeting. Additionally, the commercial
district organization shall file all changes to its bylaws with the City Manager's
designee within 30 days following their adoption or amendment."
SECTION 3. Severability. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any
reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are
severable. The City Council of the City of Palm Springs hereby declares that it would
have adopted this Ordinance and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 4. California Environmental Quality Act. This Ordinance is exempt from
the requirements of the California Environmental Quality Act ("CEQX) pursuant to State
CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or
reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs.
§ 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that
this Ordinance or its implementation would have a significant negative effect on the
environment [14 Cal. Code Regs. § 15061(b)(3)].
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
14TH DAY OF DECEMBER 2023.
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ATTEST:
2
BRENDA PR , Wt, CERA
CITY CLERK
Ordinance No. 2091
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 2091 is a full, true, and correct copy, and was introduced at a regular meeting
of the Palm Springs City Council on November 9, 2023, and adopted at a regular meeting of the
City Council held on December 14, 2023, by the following vote:
AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte, and
Mayor Bernstein.
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ,W 4'' day of December 2023.
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RENDA PREE, MMC, CERA
CITY CLERK