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HomeMy WebLinkAbout5/13/2009 - STAFF REPORTS - 00 City Council City Of Palm Springs, California May 13, 2009 Public Comments 1. Statement by Rodolfo Castillo, Merchant, Downtown Palm Springs 2. Bylaws of the Palm Springs Business Improvement District 3. BID Marketing Steering Committee Application 05 0/7ao 9 A464-lc 6Uf44 `xpoLord G'Asr®ae o My name is Rodolfo Castillo. I have a business in Downtown Palm Springs and I am a member of Main Street, the Downtown Merchants Association. My business pays the Business Improvement District fee and therefore a member of the BID. I regularly attend the meetings of both organizations. My application to be on the BID Marketing Steering Committee was submitted on May 14, 2008, and again on November 13, 2008, before the last election. That election was for two positions on the BID Committee and I came in third, missing by one vote. In recent weeks a BID Committee member gave a notice of resignation effective July 1, 2009. Rather than placing me in that vacating position because of my placement in the last election, a member of the Executive Board of Main Street was appointed to that position. This was done under the direction of Keith McCormick, chair of the BID Committee. There are now four (4) Main Street Executive Board members on the Committee of the BID. The BID Bylaws clearly state: "The Committee shall consist of six (6) at large general members of the District, and three (3) Main Street Executive Board Members." (page 3, Article V, Section 1.) In other words, the Committee of the BID is overloaded with Main Street Executive Board Members by one and someone has to resign their position. The replacement should come from the next in line from the last election and that would be ME. I assume the Bylaws of the Palm Springs BID were created by the City Attorney and approved by the City Council. It is only four pages long and on this issue the Bylaws are clear. I ask the Council to intervene on this. r BYLAWS OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT By the authority of and within the limitations imposed by California state law, the City Council of the City of Palm Springs, California has established the Palm Springs Business Improvement District by Ordinance No. 1709, adopted on February 21, 2007. Subject to the explicit oversight powers of the Council, the Palm Springs Business Improvement District is formed for the purpose set forth in the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Part 6 of Division 18 starting with Section 36500) (the "Law"). The Board of Directors of Main Street Palm Springs, a California Nonprofit Benefit Corporation 501(c)(6), shall act as the Advisory Board to the Palm Springs City Council. ARTICLE I PURPOSE The purpose of the Business Improvement District is to develop a sustainable marketing and promotion program to increase the economic vitality of the downtown and uptown areas of the City of Palm Springs. Main Street Palm Springs ("Main Street") and the City of Palm Springs ("City") have determined that the establishment of a Business Improvement District and the levy of assessments will promote the economic revitalization of the downtown and uptown areas of the City, increase consumer vehicle and pedestrian traffic, create jobs, attract new businesses, and retain existing businesses in these areas. ARTICLE II BOUNDARIES/MEMBERSHIP The Business Improvement District boundaries include all businesses on Palm Canyon Drive, north of Ramon Road and south of Tachevah Drive along both sides of the street; Indian Canyon Drive, north of Ramon Road and south of Alejo Road along both sides the street; Belardo Road, north of Ramon Road and south of Alejo Road on both sides of the street; Museum Drive on both sides of the street; Tahquitz Canyon Way west of Indian Canyon Drive on both sides of the street; La Plaza; Andreas Plaza; Amado Road; Arenas Road; and Baristo Road from Indian Canyon Drive west to Belardo Road on both sides of the street. ARTICLE III FEE STRUCTURE The assessment levied on each business required to pay business license taxes and located within the area of the District shall be: 1 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—Of re Ground Level Category B-2 Office 2"d° 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 sti t. $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 Note- The term "business" includes each establishment, firm, medical office, or similar entity doing business within the District, but does not include each professional responsible for the payment of a business license pursuant to Section 3,90200 of the Palm Springs Municipal Code, so long as each such professional is a member, subcontractor or employee of a business paying an assessment as provided in the Business Improvement District Ordinance No.1709. ARTICLE IV ADVISORY BOARD Section 1_ Main Street Palm Springs is a California Nonprofit Benefit Corporation consisting of elected and appointed Board Members. The Main Street Board Members (`Board") is designated as the Business Improvement District Advisory Board for the purpose of making recommendations to the Palm Springs City Council and shall perform the following duties: 1. Create a Marketing and Promotions Program 2. Develop an Annual Program Budget 3. Oversee Implementation of the Program The Board shall establish rules and regulations as it deems necessary for the conduct of its business. The Board shall establish a Business Improvement 2 District Steering Committee to develop and implement the marketing and promotions program. Section 2. The City Manager shall designate a staff liaison to assist the Advisory Board to administer the Business Improvement District program. The City Council shall review and approve the Business Improvement District Annual Budget and review the Program submitted by the Advisory Board no less than twice yearly. ARTICLE V PROGRAM EXECUTION The revenue from the levy of assessments shall be used for the purpose of funding, providing, or promoting activities which benefit businesses located and operating in the District. The revenues 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 Ordinance 1709 approved by the Palm Springs City Council. Section 1. The Business Improvement District Steering Committee: A nine (9) member Business Improvement District Steering Committee shall be established by the Main Street Board. The Committee shall consist of six (6) at large general members of the District, and three (3) Main Street Executive Board Members. General Committee Members shall represent at least three or more of the following industries: restaurant, hospitality, entertainment, retail and professional services. Section 2. Program Development: The Steering Committee shall develop the goals, objectives and measurements of the marketing and promotions program. The program shall not exceed the scope of activities outlined in Article VI, Section 4 of the Business Improvement District Bylaws. The Steering Committee shall present its recommendations for the budget and program plan to the Main Street Board for approval. The Main Street Board shall submit the budget and program plan to the City Council for review and approval during the City's annual budget cycle. Section 3. Annual Merchant Meeting: The Main Street Board shall conduct an annual meeting for all businesses within the district to review the prior year's accomplishments, promotions and activities at the same time as developing the next year Budget for the District. ARTICLE VI ACCOUNTING PROCEDURES Section 1. Accounting: The Business Improvement District funds shall be maintained by the City Treasurer, with accounting records established to 3 sufficiently identify and control these funds. Expenditures shall be processed through the City's established warrant payment procedure. Section 2. Procedures for Revenue Collection: The assessment fee shall be paid, collected, and administered in the manner business license taxes are paid, collected, and administered in accordance with Division II of Title 3 of the Palm Springs Municipal Code. Section 3. Procedures for Disbursements: Expenditures shall be processed through the City's established warrant payment procedure. Section 4. Use of funds: Revenues collected from the Business Improvement District assessment fee shall be limited to use within the defined area to finance a marketing and promotions program as described in Ordinance No. 1709. The funds shall be used solely for the marketing and promotional activities, which include but are not limited to: Advertising — print, television and radio or other media Public Relations and Press Releases Development of brochures/collateral pieces Special Event Coordination Professional Services (Marketing Consultant) Section 5. Fiscal Year: The fiscal year of the Business Improvement District shall coincide with the City's fiscal year. ARTICLE VII AMENDMENTS TO BYLAWS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a two-thirds (213) majority vote of the Board of Directors of Main Street Palm Springs at any regular meeting of the Board. All amendments, alterations or repeal of the Bylaws shall be effective only after approved by the Palm Springs City Council. ARTICLE VIII CONSISTENCY WITH ORDINANCE In the event of any inconsistencies in the Business Improvement District Bylaws, the Palm Springs Business Improvement District Ordinance No.1709 shall prevail. 4 r' MAIN STREET PALM SPRINGS Uptown and Downtown Business Improvement District BID Marketing Steering Committee Application Revised 11/2009 Main Street Palm Springs May 14, 2008& November 13 2008 All applicants must operate a business located within the Business Improvement District geographic boundaries. The Main Street Board will consider the information and the following factors in the selection process: type of business; experience in marketing and media relations; and experience to demonstrate knowledge and sound judgment. Contact Name and Title: Rodolfo Castillo, Co-owner Business Name: Cactusberry Frozen Yogurt Business Address: 116 La Plaza Palm Springs CA 92262 Mailing Address: 116 La Plaza City, State, Zip: Palm Springs CA 92262 Phone: (750) 325-3228 Alternate Phone: cell (323) 376-6462 E-mail. dolfcastillo(daol.com Type of Business: Frozen Yogurt Years in Palm Springs: 3 years List other Boards or Commissions you are currently active: -Founding Member Downtown Merchants Association Please outline your background, work experience and involvement in marketing and media relations: -Grace Ormonde Magazine, West Coast Editor, TIME.. -On Camera Talent for Sky Television during the OSCARS live feed to Australia& New Zealand. -Developed a marketing strategy for Cantu & Castillo Couture, Los Angeles. Seen in National & International Publications, TV and Movies. Instyle , People, Us, Hello Magazine, Los Angeles Times, EI Entertainment, EXTRA, Entertainment Tonight, Good Morning LA. American Pie 3 American Wedding. -Produced and presented Couture and Ready-to Wear collections in New York and Los Angeles during Fashion Week. -Panel Speaker on Green Sustainable Restaurants at the Dine America 2007 Conference for the U.S. Restaurant Association. Please describe specific attitudes, skills or expertise you think you can contribute to the BID Marketing Steering Committee: I am able to stand up and speak up for my business and all small businesses in downtown Palm Springs. The constant interaction that I have with our customers and listening to them gives me a first hand knowledge of what visitors expect of downtown Palm Springs. I own a business in downtown Palm Springs and, as such, I am interested in the improvement of all our businesses in downtown Palm Springs. I am not afraid to speak up and promote for the betterment of downtown Palm Springs. Return form via mail, fax or e-mail by November 21, 2008 Main Street Palm Springs P.O. Box 2470 Palm Springs, CA 92262 Fax: 760-252-3107 or E-mail: Tammy@canyonCOMMERCIALservices.com if you have any questions please call Tammy Perezchica at 760-341-7270. "Gone Too Soon" A tribute to Donny Frank 1954-2009 Donny Frank, a beloved member of our Palm Springs community has died. His funeral will be held tomorrow, Thursday, May 14`", at Far-got-hewn Cemetery on Ramon Road at 1:30 in the afternoon. How can I possibly pay tribute to this friend; even begin to share my feelings and loss within a 3 minute time frame? I'm sure I've referenced, in the past, what motivated me to stand at this podium the very first time.. A sentence that began "How can we.....?" What I never said before was who it was that motivated and inspired me to first become involved at City Hall. It was Donny Frank. Chiming in beside him was Fred Ebeling who challenged me with "All politics is local..We know you love the global stage...but we need your voice right here at home" Shortly thereafter, sometimes referred to as "the original gadflies", we became "The Four Musketeers": Wendy Florentine gave us our "handles": She was "Pate". Fred was "Grey Poupon", I was "Honeybaked", and Donny was SPICE BOY! We were more than comrades, friends, and neighbors. Each of us knew the very most intimate details of each other's illnesses, and we were a, seemingly inseparable force of four, always looking after one another. On October 2 and 3`d of 2000, Donny and I were "left behind", as we said goodbye to Wendy and Fred on those funeral dates. I remember the terror aS�r.3��oc9 p7a4� aMJ"-4&/1 felt, during those days. Wendy had been his best friend since high school, and Fred was such a viable and constant part of his life. I was terrified that I would lose him too, as he fell into deep depression and despair. In the years that followed, Donny, my "little big brother", born exactly six days before me, was always there whenever I needed him, and vice versa. We didn't waste even moments to walk around the corner; we simply climbed the wall between our properties to rush to each other's side when one was in need. So, how do I pay a tribute appropriate to Donny at City Hall? When rifling through my phone book and email address book, last night to call people who we knew, I realized something quite significant. Several years ago a friend visited me from Italy. After a few weeks, he noted that although I knew so many people in town, he said: "none of them really know you at all". I paused for a moment; then responded: "At least those who - know me from City Hall, know my heart and what I will stand up for... How many people, since those earliest days of The Four Musketeers" have become new and treasured friends and comrades in my life? Would I have ever met them if Donny had not inspired my first visit to this podium? Even those who never knew Donny, but have come to know me since, perhaps, would not be in my life today, if not for DONNY. Gone too soon: Wendy, Fred, and Donny, The Three Musketeers, now all in heaven reunited will continue to live in my heart; and, with each step up to this podium, I will always carry their spirits with me. With gratitude for a precious friendship, I will miss you Donny. With my love always, Wendie