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HomeMy WebLinkAbout24230 RESOLUTION NO. 24230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO RENEW THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT TO LEVY ASSESSMENTS WITHIN THE DISTRICT AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 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 7, 2017, the Council considered and approved an annual TBID report identifying activities planned for Fiscal Year 2017-18 and consistent with the requirements of 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 49 rooms or less, for Fiscal Year 2017-18. 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. Resolution No. 24230 Page 2 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 2017-18, from July 1, 2017, through June 30, 2018. New hotel and motel businesses established during Fiscal Year 2017-18 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 Palm Springs, 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, that contains a description of the improvements and activities to be provided for Fiscal Year 2017-18, 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 2017-18. 5. NOTICE IS HEREBY GIVEN that Wednesday, June 21, 2017, at the hour of 6:00 p.m. or as soon thereafter as the matter may be heard, in Primrose B at the Palm Springs Convention Center, 277 N. Avenieda Caballeros, Palm Springs, California, is fixed as the time and place for the public hearing on the levy of the proposed assessments for Fiscal Year 2017-18. At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for Fiscal Year 2017-18 or the furnishing of specified types of improvements or activities in Fiscal Year 2017-18 in the TBID shall be heard and considered by the City Council. Protests against -the levying of assessments for Fiscal Year 2017-18, 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 Resolution No. 24230 Page 3 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 2017- 18 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. 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. 7. 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 City Clerk at or before the time fixed for the public 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, and mailing of a complete copy of this Resolution by first-class mail to each business owner in the area of the TBID within seven days of the City Council's adoption of this Resolution. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS 7T" DAY OF JUNE, 2017. E. DAVID H. READY, CITY MANAGER ATTESTS KATHLEEN D. HART, MMC Interim City Clerk Resolution No. 24230 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24230 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 P day of June, 2017, by the following vote: AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: Councilmember Mills ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK