HomeMy WebLinkAbout1709 - ORDINANCES - 2/21/2007 ' 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 Attomey'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.
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Ordinance No. 1709
Page 2
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 Resolution as Exhibit "A" and on file in the Office of the City Clerk and
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
2,001 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
2,001 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 +
Ordinance No. 1709
Page 3
' + 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
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.
Ordinance No. 1709
Page 4
ADOPTED this 21 st day of February, 2007 '
MAYOR
ATTEST:
D '
y Clerk
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 the 71h day of February, 2007 and
adopted at a regular meeting of the City Council held on the 2181 day of February, 2007, '
by the following vote:
AYES: Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden,
NOES: Councilmember McCulloch.
ABSENT: Councilmember Foat.
ABSTAIN: None.
mes T on Ci Irk J homps ty C e
ity of Palm Springs, California
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