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HomeMy WebLinkAbout2/21/2007 - STAFF REPORTS - 2.E. City of Palm Springs ORDINANCE NO. 1709 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989. City Attorney's Summary This Ordinance establishes the Palm Springs Business Improvement District, authorizes the levy of assessments as specified in the Ordinance to fund the promotional and marketing activities that benefit the businesses in the District, and establishes the Main Street Board of Directors as the Advisory Board to the Council on the District. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Ordinance No. 1709 was introduced at the regular meeting of the City Council on February 7, 2007, and adopted at a regular meeting of the City Council held on February 21, 2007, by the following vote: AYES: Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden NOES: Councilmember McCulloch ABSENT: Councilmember Foat A ES THOMPSON, City- Clerk ppLM so c City Council Staff Report DATE: January 21, 2007 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1709, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989. FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1709. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE. DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989." STAFF ANALYSIS: At its February 7, 2007, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. J-a es Thompson, City Clerk Attachment: Ordinance No. 1709 Item 2 . E . PROPOSED ORDINANCE NO. 1709 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989. City Attorney's Summary This Ordinance establishes the Palm Springs Business Improvement District, authorizes the levy of assessments as specified in the Ordinance to fund the promotional and marketing activities that benefit the businesses in the District, and establishes the Main Street Board of Directors as the Advisory Board to the Council on the District. The City Council of the City Palm Springs finds: A. The City Council of the City of Palm Springs, California, adopted Resolution No. 21793 on December 20, 2006, declaring its intent to form the Palm Springs Business Improvement District ("District") of the downtown and uptown areas of Palm Springs pursuant to the Parking and Business Improvement Area Law of 1989 (Division 18, Part 6 of the California Streets and Highways Code, commencing with Section 36500) (the "Law") and setting a public hearing for the authorization of the levy of assessments to fund promotion and marketing activities which benefit the businesses located and operating within the area of the District. B. The City Council of the City of Palm Springs, California, conducted a public hearing on January 17, 2007 at 6:00 pm in the Council Chambers on the question of the formation of the District, the establishment of its boundaries, and the levy of assessments. The City Council received and considered all written and oral protests submitted to the City Council or the City Clerk. C. The total number of protests filed with the City are less than the number required under the Law to prevent the Council from conducting further proceedings to form the District and approve the levy of assessments. D. All businesses within the District will be benefited by the promotional and marketing activities that will be funded by the assessments authorized pursuant to this Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. The City Council establishes the District pursuant to the Law, as the Law may be amended from time to time. SECTION 2. The boundaries of the District are shown on the map of the District attached to this Ordinance as Exhibit "A" and on file in the Office of the City Clerk and Ordinance No. 1709 Page 2 generally described as: Palm Canyon Drive, north of Ramon Road to Tachevah Drive; Indian Avenue, north of Ramon Road to Alejo Road; Belardo Road; Museum Drive and all side streets including the north/south and east/west sides of the streets within such general area. SECTION 3. That annual assessments provided in this Section shall be levied on each business required to pay business license taxes and located within the area of the District, in accordance with the following table: Category A —Retail 500 sq.ft. or less $250 501 sq.ft. - 1,000 sq.ft. $300 1,001 sq.ft. 1,500 sq.ft. $350 1,501 sq.ft. - 2,000 sq.ft. $400 2,000 sq.ft. and over $500 Category B-1-- Office Ground Level Category B-2 Office 2"d or higher floor level 500 sq.ft. or less $200 $150 501 sq.ft. - 1,000 sq.ft. $250 $200 1,001 sq.ft. - 1,500 sq.ft. $300 $250 1,501 sq.ft. - 2,000 sq.ft. $400 $300 2,000 sq.ft. and over $500 $400 Category C — Restaurants, Bars and Clubs 1 - 25 seats $300 26 - 50 seats $350 51 - 75 seats $400 76 - 100 seats $450 101 seats and over $500 + Category D - Theaters 1 -100 seats $250 Over 100 seats $500 Category E — Hotels 1 —25 rooms $350 26 -- 50 rooms $400 Over 50 rooms $500 + + It is understood that assessments specified in this Ordinance can be supplemented by voluntary contributions of additional funds from restaurants, bars, and clubs with 101 seats or more and hotels with 50 or more rooms and it is anticipated that such voluntary contributions will be at least equal to the amount of the assessment specified in this ordinance and that such contributions will be made for a period of at least three years. The revenue generated from the voluntary contributions shall be treated as Ordinance No. 1709 Page 3 supplemental assessments and shall only be used for the purposes provided in Section 5 of this Ordinance. SECTION 4. For the purpose of this Ordinance, the term "business" includes each establishment, firm, medical office, or similar entity doing business within the District and it does not include each professional responsible for the payment of a business license pursuant to Section 3.90.200 of the Palm Springs Municipal Code, so long as each such professional is within or a member of a business paying an assessment as provided in this Ordinance. SECTION 5. The revenue from the levy of assessments provided in this Ordinance, including the voluntary assessments provided in Section 3 above, shall be used for the purpose of funding, providing, or promoting activities which benefit businesses located and operating in the District, to the maximum extent permitted under the Law, except that such revenue shall not supplant existing city funded programs within the District, nor shall the revenues be used to provide improvements or activities outside of the area or for any purpose other than the purposes specified in Resolution 21793 or this Ordinance. SECTION 6. The Main Street Board of Directors, whose members are elected by the local businesses block by block, is designated as the District Advisory Board for the purpose of making recommendations to the City Council pursuant to the Law and generally develop and oversee each program funded by the assessments that would benefit the District. Assessment collections, accounting, and disbursement will be handled by the City's Finance Department. The duties and responsibilities of the Main Street Board shall consist of creating appropriate program budgets which shall be submitted to the City Council on an annual basis for approval. SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this ordinance shall take effect thirty (30) days after passage. ADOPTED this—day of February, 2007 MAYOR ATTEST: City Clerk Ordinance No. 1709 Page 4 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1709 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 7, 2007, and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California \ VER,EDA I . I l.I I 1r-H01 , 1C'AMINO T i -- -I i�'i1 �y�. D�L I�EL SUR I TACWEVAH_-D�R-i -I 1 Tl 11=� rl1 �i L`I L:I MAT O,LIA', _�I L �. I�• - r ----, r II jCT I �j' { I IAE E I p ER LEI ¢II I] I H MO r5, ----- �GA[1 ` I ¢ a l 'III _ -- r �, , I � I n - oiI _..I _ 1. r f I1��1, II = 1 l i l OI : { 11-1104 1 TAMARISK Rb h I II � EIR`fQ11 , P L I r I � � I � L_ I ' ; 1 aa~ _U_)114 V L�L�1 � UI GRN A � I I r r LONTEI L I � IL . � � 4H -` 1 f I IS� I I I I J I l ;;I'9 �., IALEJO RD--I W _ I -- - - ,I 7 I � - Ili l fy- .,IJ ,..�...1 r i ¢ r -. TI I i-I AMADQ RD__mco ¢f I i W -- _ IC J__ - i - l p zl, ¢ z, IC '> I I II i I I _ I �I -L , �_. �TA E TAWQH w cwn UI_T .0 t�Y QLLJ - - AREN p RD o l' pljlIl .l-_Ilr§''zIAAREN �I J -- � r--1-- c�1r ¢ lp � J�� p,_7& � TI ¢. � SAITURN6_NO RD- kV Ii I7 3- ¢ w UR►�INO R =,w O-r I _ m RLL -A-1_Ia�0N R❑ Legend I { _ f �- i L B jjl C�" I 1 MINO) — Parcels p(I_ -T, p City of Palm Springs PROPOSED ORDINANCE NO. 1709 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989. City Attorney's Summary This Ordinance establishes the Palm Springs Business Improvement District, authorizes the levy of assessments as specified in the Ordinance to fund the promotional and marketing activities that benefit the businesses in the District, and establishes the Main Street Board of Directors as the Advisory Board to the Council on the District. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Proposed Ordinance No. 1709 was introduced at the regular meeting of the City Council on the 7t" day of February 2007, by the following vote: AYES: Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden NOES: Councilmember McCulloch ABSENT: Councilmember Foat MES THOMPSON. City Clerk _ - PROOF OF PUBLICATION Tluyis space for County Clarks Filing Stamp (20]5.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen -_- - years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the No. sage Superior Court of the County of Riverside,State of City of palm Springs California under the date of March 24,1988.Case PROPOSED ORDINANCE NO.1709. Number 191236;that the notice,of which the AN ORDINANCE OF THE CITY OF PALM annexed is a printed copy(set in type not smaller PALLM SPRINGS CALIFORNIA rIBMPROVEMENT than non panel,has been published in each regular DISTRICT IN PATHE LM SPRINGS ANDNAUTHORIZ- and entire issue of said newspaper and nut in any 'NO THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVE- supplement thereof on the following dates,to wit: MENT AREA LAW OF ISM. City Attorney's Summa February 10e',2007 This Ordinaries establishes the Palm Tpnngs Busi- ness Improvement District, authorizes the levy of ______ „__________��---- assessments as Spe[16od in Ordinance to(and the promotional and marketingg activities that ben- efit the businesses in the Oistnct and establishes the Mal,s4mot Board of Directors as the Advisor ry Board to the Councilon the OiSMct. All in the year 2007 1 James Thomppson, Qtyy Clark of the Cityy of Palm Springs, Callfornle, gereby certify that Pro- posed Ordinance No.1709 was Introduced at the I certify(or declare)under penalty of perjury that the regular msetingg of the CIry Council on the 7th day of February 2007 by the follnwir r�vote: foregoing is true and correct. - - AYES: Cand Mayor Od Mills Mayor~Prc Tam �� NOE .6at ounci momb r McCulloch en Dated at Palm Springs,California this—13' ,---day ABSENT Csuncllmember Foat of----------Februn .- -.2007 l JABS MOMp8. yr;forrP< Published:2/10/2007 C•. -,c Sig tore - Ld - J- - _CJ Lf7 - C+ a � PROOF OF PUBLICATION This Is space for County Clerk's Piling Stamp (2015.5.C.C.P) STATE OF CAIJFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I mD over the age of eighteen — —�._-----_..`—_---_-- years,and not a party to or interested in the above-cntitled matter. 1 am the principal clerk of a printer of tile,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No, 0679 , County of Riverside,and which newspaper has been Cnir of Palm Springs adjudged a newspaper of general circulation by the ORDINANCE NO.1709 Superior Court of[he County of Riverside,State of AN ORDINANCE OF THE CITY OF PALM SPRINGS California under the date of March 24, 1988,Case PALM SP CALIFORNIA, ESTABLISHING THE RINGS BUSINESS IMPROVEMENT Number 191236;that the notice,of which the DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZ- Annexed is a printed copy(set in type not smaller ING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVE- than non parcel,has been published in each regular MENT AREA LAW OF i9eq. and entire issue of said newspaper and not in any -- Chy A"Orney's Summary supplement thereof on the following dates,to wit: This Ordinance astab0ahes the Palm Springs vByusl- Pp g assessments as specifend ln the Ordnance to tend the promotional and rnarlretinc activities that ben- February 28"',2007 efit me businesses In the District,and establishes the Man Street Board of Oppctors as the Adviso- ------------------- -------------_----- ry Board to the Council on the District. I Janice Thompson, City Clerk GT the CIryry oT �'alm Springs Califomla, hereby certify that Ordi--- -�_--T.-._--- __--,-_- —- nonce o. 1709 was Introduced at the ro ular All in the year 2007 meeting of the City Councl on February 7,�ao7, and adopted at a regular meeting of the City Council_held an February 21,2007.by the fallow- I certify(or declare)under penalty of perjury that the ing vote: AYES: Councilmember Mills,.Mayor Pro Ternforegoing is true and correct. Pougnet end Mayor Cdon NOES: Grouncllmember McCulloch Dated at Palm Springs,California this—28°i,----day ABSENT: Councllmrmber Feat - JA MP N, cry ClerK of------February -- ---------------+2007 Published:2/29/2007 na o� L .i C"