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HomeMy WebLinkAbout6/21/2017 - STAFF REPORTS - 2.E. 40�?ALM S. iy V 1n x x x C4OFORN�px CITY COUNCIL STAFF REPORT DATE: June 21, 2017 PUBLIC HEARING SUBJECT: RENEWAL OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, PROPOSED RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING THE FISCAL YEAR 2017-18 ASSESSMENT, AND THE CONDUCT PROTEST PROCEEDINGS TO THE DISTRICT FROM: David H. Ready, City Manager BY: Office of the City Clerk Department of Finance and Treasury SUMMARY The Palm Springs Small Hotel Tourism Business Improvement District (TBID) was formed in November 2016. On June 7, 2017, the City Council adopted Resolution No. 24230, intention to renew the Palm Springs Small Hotel Tourism Business Improvement District, and setting the public hearing for June 21, 2017. The City Council will conduct protest proceedings, consider renewing the TBID, and a resolution confirming the report of the TBID Advisory Board and levying the Fiscal Year 2017-18 assessment. RECOMMENDATION: 1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2017-18. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2017-18 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT." ITEM NO. U� ♦��PALM S'04 iZ c V N •• yfO n� •PogsfEO • CITY COUNCIL STAFF REPORT DATE: June 21, 2017 PUBLIC HEARING SUBJECT: RENEWAL OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, PROPOSED RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING THE FISCAL YEAR 2017-18 ASSESSMENT, AND THE CONDUCT PROTEST PROCEEDINGS TO THE DISTRICT FROM: David H. Ready, City Manager BY: Office of the City Clerk Department of Finance and Treasury SUMMARY The Palm Springs Small Hotel Tourism Business Improvement District (TBID) was formed in November 2016. On June 7, 2017, the City Council adopted Resolution No. 24230, intention to renew the Palm Springs Small Hotel Tourism Business Improvement District, and setting the public hearing for June 21, 2017. The City Council will conduct protest proceedings, consider renewing the TBID, and a resolution confirming the report of the TBID Advisory Board and levying the Fiscal Year 2017-18 assessment. RECOMMENDATION: 1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2017-18. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2017-18 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT." ITEM NO. z �' City Council Staff Report June 21, 2017-- Page 2 TBID Renewal STAFF ANALYSIS: The Palm Springs Small Hotel Tourism Business Improvement District (TBID) was formed in November 2016. On June 7, 2017, the City Council adopted Resolution No. 24230, intention to renew the Palm Springs Small Hotel Tourism Business Improvement District, and setting the public hearing for June 21, 2017. A TBID is a special benefit assessment district that was established by the City Council, under existing State law', for the specific purpose of funding activities that promote tourism. This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs CVB (GPSCVB). The renewal of this district would have no effect on the current GPSCVB assessment. The law provides that business operators are assessed and pay the assessment to the City. Cities have utilized a percentage multiplied against daily hotel revenue as the formula for imposing the assessment. Further, this law provides cities have the express authority to make improvements and engage in business promotional activities that benefit the assessed businesses within the designated boundary area. It is noted that the assessment is made against the business operator, and not against the property itself. Therefore, the assessment is legally treated by ordinance enactment as a debt owed by the business operator to the City. The City Attorney advises that Proposition 218 rules are not applicable because the assessment is not a tax on real property, and case law has clearly held that this enabling law (Streets and Highways Code sections 36500 et seq.) is not subject to Proposition 218 restrictions. (Howard Jarvis Taxpayers Assn. v. City of San Diego (1999) 72 Cal. App. 41h 230) The renewal of the district is not by election of the business operators, but by majority protest procedure. After notice, any person subject to the proposed assessment may protest the renewal of the TBID. Each protest is weighted by the amount of the assessment to be paid. The TBID cannot be renewed if a majority of the affected businesses subject to the TBID, weighted by assessment, file a timely protest. Therefore, in order for a protest to be successful, businesses representing greater than 50% of the value of the total assessment to be collected must protest the formation of the district. The TBID Advisory Board is recommending a 1% assessment on room revenue. The boundaries of the district would be citywide, but the assessments would be limited to hotels of 49 rooms or less. The assessment would be collected by the City. The TBID Advisory Board is recommending the Palm Springs Bureau of Tourism (PSBOT) continue to administer the BID funds and promotional programs as a segregated and restricted fund. Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code § 36500 et seq. 02 City Council Staff Report June 21, 2017-- Page 3 TBID Renewal There are approximately 82 small hotels in Palm Springs with 49 rooms or less, and the small hotels believe they are at a marketing disadvantage because they do not have the same marketing infrastructure of larger, branded hotels. Most small hotels do not have international marketing budgets, global call centers, local and national sales forces, international reservation systems, global brand recognition, etc. FISCAL IMPACT: Based upon the current assessment information, the assessment will generate approximately $335,000 per year, restricted funds, for the specific purpose of the TBID. The City has incurred costs to establish the TBID, including mailing, hearings, notifications, related staff and research time. Additionally, each year the TBID will incur costs to annually renew the assessment. The TBID will require collection, distribution, audit, annual report preparation, and City Staff administration. All administrative staff time and costs will be reimbursed from the proceeds of the assessment. The Director of Finance estimated the cost to process monthly assessment returns and payments is $40,000 to $60,000 per year. In addition to the collection of monthly assessment returns, annual administrative costs to prepare the notices and public hearings to renew the TBID each year will be approximately $1,000 to $2,000. Kathleen D. Hart, MMC Ge�S. Kiehl Interim City Clerk Directory of Finance and Treasurer David H. Ready, Esq., City Manager Attachments: Proposed Resolution Levying the Assessment Advisory Board Report Public Hearing Notice and Resolution No. 24230 D3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE ADVISORY COMMITTEE AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2017-18 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT WHEREAS, Ordinance No. 1907 of the City of Palm Springs has established the Palm Springs Tourism Small Hotel Business Improvement District ("the District") pursuant to Streets and Highways Code sections 36500 et seq.; and Whereas, the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board serving as advisory board with respect to the District, prepared and filed with the City Clerk a report with regard to the District's activities and finances for fiscal year 2016-17; and Whereas, the City Council has reviewed the advisory board's report, and declared its intention to levy an assessment against hotel and motel business of 49 rooms or less located within the District; and Whereas, on June 21, 2017, the City Council held a noticed public hearing at which the testimony of all interested persons regarding the levy of the assessment for fiscal year 2017-18 were heard and considered. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, AS FOLLOWS: SECTION 1. The true and correct recitals above are incorporated by this reference herein as the factual basis for this Resolution SECTION 2. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2017-18. All interested persons were afforded the opportunity to hear and to be heard regarding protests and objections to the levy and collection of the assessment for fiscal year 2017-18. The City Council finds that there was no majority protest within the meaning of the law. All protests and objections to the levy and collection of the assessment and any and all protests and objections are hereby overruled by the City Council. SECTION 3. The City Council hereby finally confirms the report of the Advisory Committee. 04 Resolution No. _ Page 2 SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for fiscal year 2017-18. The rate of the assessment for fiscal year 2017-18 is 1.00% (one percent) of each day's gross occupancy revenue as defined in the assessment district ordinance. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS 2151 DAY OF JUNE, 2017. DAVID H. READY, Esq., Ph.D. CITY MANAGER ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK 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. 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 the 21't day of June, 2017, by the following vote: AYES: NOES: RECUSE: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK 05 Exhibit A PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT "TBID" CITY OF PALM SPRINGS, CALIFORNIA e�fine ;Df MO — P C94fDe�fP REPORT OF THE TBID ADVISORY BOARD FISCAL YEAR 2017-18 Introduction The Advisory Board of the Palm Springs Small Hotel Business Improvement District (the "TBID"), has caused this report to be prepared pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways Code) (the "Law"). This report is for the TBID for Fiscal Year 2017-18, commencing July 1, 2017 and ending June 30, 2018. As required by the Law, this report contains the following information: (1) Any proposed changes in the boundaries of the TBID or in any benefit zones within the TBID; (2) The improvements and activities to be provided for Fiscal Year 2016-2017; (3) An estimate of the cost of providing the improvements and the activities for that fiscal year; (4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-2018. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and (6) The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Submitted by: Michael Green, President, on behalf of the TBID Advisory Board to the Office of the City Clerk on May 31, 2017. 06 Advisory Board Report Fiscal Year 2017-18 Page 2 SECTION 1: Proposed changes in the boundaries of the TBID or in any benefit zones within the TBID. The boundaries of the TBID are the City Limits of the City of Palm Springs. These boundaries will continue for Fiscal Year 2017-2018. There are no benefit zones within the TBID. SECTION 2: The improvements and activities to be provided for Fiscal Year 2017-2018. No improvements are proposed to be provided for Fiscal Year 2017-18. The activities listed in Exhibit 'A' to this Report are proposed to be provided annually. Not all of these activities may be provided during that Fiscal Year, though work may be done on any or all of the activities during the Fiscal Year, SECTION 3: An estimate of the cost of providing the improvements and the activities for Fiscal Year 2017-2018. The total cost of providing the activities is estimated to be $405,000. The budget for providing the activities is set forth in Exhibit 'A' to this Report. SECTION 4: The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-2018. Except where otherwise defined in this Report, all capitalized terms shall have the meanings set forth in the Palm Springs Municipal Code. Additionally, the following terms shall have the following meanings: A. "Gross Occupancy Revenue" means the total Rent received from Transients by a Hotel and Motel Business. B. "Hotel and Motel Business" means any Operator of a Hotel. C. "Transient Occupancy Tax" means the tax imposed by the City in the Municipal Code. The Assessment will be levied against each Hotel and Motel Business in the City consisting of 49 rooms or less. No other business shall be subject to the Assessment. The Assessment will be calculated as a percentage of each day's Gross Occupancy Revenue. The rate of the Assessment will be set annually by resolution of the City Council adopted pursuant to Section 36535 of the Law. For Fiscal Year 2017-2018 the rate is recommended to be one percent (1.0%). 07 Advisory Board Report Fiscal Year 2017-18 Page 3 The Assessment calculated based on each day's Gross Occupancy Revenues shall be paid to the City no later than the date on which the Hotel and Motel Business is required, pursuant to the Palm Springs Municipal Code, to remit to the City the Transient Occupancy Tax collected by the Hotel and Motel Business on that day. New Hotel and Motel Businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment. SECTION 5: The amount of any surplus or deficit revenues to be carried over from a previous fiscal year It is projected that $70,000 in TBID revenues will be carried over from Fiscal Year 2016-2017 to Fiscal Year 2017-2018 to fund activities of the TBID. SECTION 6: The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Assessment proceeds will be approximately $335,000 for Fiscal Year 2017-2018. There are no contributions expected from other funding sources. Assessment proceeds will be spent only on activities authorized in the resolutions of the City Council of the City of Palm Springs establishing the TBID and/or levying the assessments. There are no other 08 Addendum "A" Activities, Programs and Services Projected Budget To be Funded by Palm Springs Small Hotel TBID Fiscal Year 2017-2018 Advertising& Direct Marketing Ad Media, PPC, Social Media $ 290,000 Ad Production $ 5,000 Agency fees $ 30,000 Photography $ 10,000 Print Collateral/Printing $ 7,500 Website development/Programming $ 20,000 Public Relations Fams and Missions $ 18,000 PR $ 24,000 Media monitoring/Hootsuite $ 12,650 Promotions and Events $ 10,000 Office supplies, Postage, Etc. $ 3,500 Research $ 10,000 Administration $ 50,000 Costs collecting the Assessment as reimbursed to the City of Palm Springs. Total $ 390,650 09 Addendum "B" Activities, Programs and Services Projected Spending of the Palm Springs Small Hotel TBID Fiscal Year 2016-2017 Advertising& Direct Marketing Ad Media, PPC, Social Media $ 40,000 Ad Production $ 3,500 Agency fees $ 12,000 Photography $ 5,000 Print Collateral/Printing $ 5,000 Website development/Programming $ 18,000 Contract Writers $ 15,000 Public Relations Fams and Missions $ 25,000 PR Media monitoring/Hootsuite $ 1,380 Promotions and Events $ 25,000 Office supplies, Postage,Etc. $ 2,000 Research $ 10,000 Administration $ 35,000 Costs of establishing the District and collecting the Assessment as reimbursed to the City of Palm Springs. Total Projected Spending 2016-2017 $ 196,880 10 Activities, Programs and Services of the Palm Springs Small Hotel TBID Fiscal Year 2016-2017 The advisory board of the Palm Springs Small Hotel TBID began meeting in late 2016 when the district was established. Since collections did not begin until January and no funds were available, the Board met regularly and accomplished a number of key tasks including establishing Board governance and protocols, by-laws, committee assignments and planning for future activities. The Board also held a series of visioning sessions where members of the TBID participated to develop goals and objectives, as well as concepts and ideas to be used for branding, advertising and other activities to be undertaken on behalf of the district. This planning time was very beneficial as it allowed the Board to begin the implementation of the programs as funds became available in January. The following is a recap of key activities and initiatives developed and implemented by the district in fiscal year 2016-2017 broken down by budget category: Advertising & Direct Marketing—$98,500 The district engaged The Panoramic Agency to provide brand development, Ad media creative and content, logo, website design and content and to do market research including awareness and perception surveys. Panoramic is the same agency that the bureau of tourism uses so they are familiar with Palm Springs and we were able to get favorable pricing. Through a number of meetings and with the information gathered from the surveys, a brand, "Palm Springs Preferred Small Hotels", including brand tenets, keywords, value proposition, etc. and a logo. A website palmspringspreferredsmallhotels.com was designed and launched using the new branding and messaging with content for all of the district members. The website uses the same database as visitpalmsprings.com, so the website will always be updated and include the latest information on the members and other activities in Palm Springs. An ad-media agency, JNS, has been engaged and an ad-media placement calendar has been developed and creative design of ads for placement is underway. Writers have been engaged to develop content for blogs and social media. We have begun developing photography specific to the district members and are using the PSBOT photo database for general Palm Springs photography. 11 Public Relations - $26,380 The District is engaging a public relations firm to assist with content development and placement of key public relations assets. The development of a"roll-out' campaign is underway, targeted for July, which will highlight the members of the district and the value of choosing our member properties. The roll-out will include press missions and familiarization trips for targeted media and industry partners to increase the awareness of our member properties. At least two missions and two media FAMs are anticipated. The District has also engaged a clipping service to track media impressions related to our members. Promotions & Events - $25,000 The District implemented a promotional contest in order to drive responses to our online awareness and perception surveys, providing a weeklong vacation to Palm Springs. The District is also planning to participate in targeted, regional events such as travel shows, wellness expos, etc. to increase visibility of our members. Planning is also underway for the development of an event or events that will feature our member hotels focusing on key brand tenets such as architecture, wellness/spas, boutique stays, romantic getaways, etc. Office Supplies, Postage, etc. - $2,000 The District has had a minimum of administrative and supply costs due to the on-going support of the bureau of tourism. Research - $10,000 The District commissioned an on-line awareness and perception survey. The survey was sent using the bureau of tourism opt-in e-mail lists and was targeted to visitors to Palm Springs. The survey received over 3,000 responses giving excellent data for developing the branding and targeted marketing campaigns. Administration - $35,000 The costs of establishing the District and collecting the Assessment are reimbursed to the City of Palm Springs from Assessment proceeds. 12 CITY OF PALM SPRINGS PUBLIC NOTIFICATION (1;'&W'.' Date: June 21, 2017 Subject: Intent to Renew the Palm Springs Small Hotel Tourism BID AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on June 14, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on June 8, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. l AA Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF MAILING 1, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on June 8, 2017, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (82 notices) I declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk l'� NO D860 - NOTICE OF PUBLIC HEARING 'CITY COUNCIL . The Desert Sun Certificate c CITY OF PALM SPRINGS 75O N Gene Autry Trail INTENTTO RENEW THE PALM SPRINGS SMALL HOTEL Palm Springs, ca 92262 TOURISM BUSINESS IMPROVEMENT DISTRICT x760- RECEIVED 760-778 4578/Fax 760-778 4731 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, CITY (j.Y Q PALM`H CU�3 RING California,will hold a public hearing at its regular meeting of Wednesday,June r 21, 2017. The City Council meeting begins at 6:00 p.m., in Primrose B,'Palm 92Z6 gs.Convention.Center,277 N.Avenida Caballeros, Palm Springs,California State Of California ss' e M ( The p2urpose of the public hearing is to consider renewal of the Palm Springs 2017 JUN 19 A SmaIMotel Tourism Business Improvement District,to provide business promo- County of Riverside tional activities+for hotels and motels in the City of Palm Springs of 49 rooms or C,] less,and authorizing the levy of assessments on small hotels and motels of 49 OFFICE OF THE CITY CLERK rooms or less within the district boundaries,which are the city limits of the City r" of Palm Springs, pursuant to the Parking and Business Improvement Area Law of 1989,California Streets and Highways Code Section 36500 et seq. GEOGRAPHIC BOUNDARIES: The boundaries of the proposed Assessment Advertiser: CITY OF PALM SPRINGSILEGALS District are the city limits of the City of Palm Springs, the assessment levied against small hotels and motels with 49 rooms or less in the City. PO BOX 2743 PROPOSED FISCAL YEAR 200-18 ASSESSMENT: Small hotels and motels within the cit� limits would pay the assessment in the amount as outlined in City PALM SPRINGS CA 92263 Counci Resolution No.24230,Resolution of Intent. No other business shall be subject to the assessment PR8TEST PROCEDURES: Any interested party may protest the renewal of the Order# 0002207108 Palm Springs Small Hotel Tourism Business Improvement District.`Protest Proce- dures,as well as the content of any protest are outlined in City Council Resolu- tion No.24230,Resolution of Intent. REVIEW OF INFORMATION: The staff report, proposed ordinance,.and other supporting documents regarding this matter are available for public review at Palm Springs City Hall between the hours of 8:00 a.m.and 6:00 p.m., Monday through Thursday. Please contact.the Office of the City Clerk at(760)323-8204, if you would like to schedule an appointment to review these documents. COMMENT ON THIS PUBLIC HEARING: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. I am over the age of 18 ears old, a citizen of Written protests must be received at or before the time for the Public Hearing. 9 y Verbal protests at the Public Hearing will also be counted. A majority protest of the United States and not a party to,or have the businesses representing fifty percent(50%)or more of the total proposed assessments to be levied will defeat the renewal of the Palm Springs Small Hotel interest in this matter. I hereby certify that the Tourism Business Improvement District. Written comments can be made to the City Council by email at City.ClerkDpalm attached advertisement appeared in said springsw.gov or by mail or hand delivery to: Kathleen D.Hart,MMC newspaper(set in type not smaller than non Interim city clerk City of Palm Springs• - parlel)In each and entire Issue of said 3200 E.Tahquitz Canyon Way,Palm Springs,CA92262 Any challenge of the proposed in court may be limited to raising only those is- newspaper and not in any supplement thereof sues raised at the public hearing, described in this notice, or in written corre- spondence delivered to the City Clerk at,or prior to,the public hearing. (Cal' on the following dates,to Wit: Gov,Code Section65009(b)(2)]. An opportunity will be given at said public hearing for all interested persons to be heard, Questions regarding the public hearingg may be directed to.Geoffrey Newspaper:The Desert Sun S.Kiehl,Director of Finance and Treasurer,(760)323.8221. Si necesita ayuda can esta.carta,porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono(760)323-8253 x 8742. 6/14/2017 Kathleen D.Hart,MMC RESOLUTION NO.24230 Interim City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM:SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO RENEW THE PALMISPRINGS- SMALL HOTEL TOURISM BUSINESS'IMPROVEMENT DISTRICT TO'LEVYASSESS- I acknowledge that I am a principal clerk of the MENTS WITHIN THE DISTRICT AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. printer of The Desert Sun, printed and WHEREAS,the City of Palm Springs is a charter city organized and existing un- published week) in the CI of Palm Springs, der the laws of the State of California(the"City"),and p y CityWHEREAS,the Parking and Business Improvement Area Law of 1989(California Streets and Highways Code sections 36500 et seq. (the "Act") authorizes the County of Riverside, State of California. The City to improve a specific business area and promote tourism within the area in Desert Sun was adjudicated a Newspaper of question,and to impose assessments on businesses for those purposes,adoppand 1WHEdi- REAS,1903,add ng Chapter 583 to the the Palm m SpringsfMunid the p I Codete and res- general circulation on March 24, 1988 by the tablishing the Palm Springs Small Hotel Tourism Business Improvement District Superior Court of the County of Riverside, (the"TBID"),and P ty WHEREAS,on tune 7, 2017,the Council considered and approved an annual State of California Case No. 191236. 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 find- ,incorporates those findings herein inclusive of all defined terms,and pur- suant to the Act,,declarei its intention to levy and collect assessments within the I declare under penalty of perjury that the TBID, a citywide district limited to hotels of 49 rooms or less, for Fiscal Year P ty P rj rY 2017-18. 2.The programs funded by the TBIDshall be for the promotion of the business foregoing IS true and correct. Executed On activity of designated motel and hotels within the district.TBID activities shall - include the promotionoftourism in the district,the promotion of public events this 14th day Of JUNE, 2017 in Palm that benefit motels and hotels operating m the district,the furnishing of music In any.public place in the distr and activities that benefit hotel and mote) Springs, California. businesses in the district,and possible physical improvements: 3.No changes are proposed of to the TBID's be. which are co-extensive with the City limits of She City of Palm Springs,or as to the method and basis of levying.assessments.as establisheA in Ordinance 1903 for Fiscal Year 2016.17,to the assessment shall be at the rate of one percent 0%)of each day's daily gross revenueof room rents received by hotels and motels subject to the assess- ment for Fiscal Year 2017-18,from July 1,2017,through June�0,2018.New ho- tel 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:/Aw .palmspringsca.gov, that contains a.descripption of the improvements and activities to be provided for Fiscal Year 2017-18,.the Declarant 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 ppersons for or against the levying'of-assessments for Fiscal Year 2017-18 or the furnish- ing 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 maybe made orally or in writing by any interested person. Each written protest must bey filed with the City Clerk, 3200 E. Tahquitz Canyon Way, Palm.Springs, C h/� pa f 1 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 retest 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 pprotest shall contain or be accompanied n by written evidence that the persosubsoribing'is the owner of the business..A. written protest inconsistent with this Resolution shall not be counted in deter- mining a majority protest. 6. If written Pretests 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 improvementsaractivities shall be eliminated.' , 7. Any protest pertaining to the.regularit[yy.or sufficiency.of-the proceedings, shall be in writing and shall clearly set fortFs the irregclarity or defect towhich 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 ggive notice of the public hearing pursuant to California Streets and Highways Code Sealon 36523 by causing the publishing,of this Res- elution of intention in a newspaper of general circulation in the City once,for at leaa 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 7TH DAY OFJUNE,2017. DAVID H.READY,Esq.,Ph.D. CITY MANAGER ATTEST: - KATHLEEN D.HART,MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) - COUNTY OF RIVERSIDE )ss. CITY OF PALM 5PRING5 ) I,KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs,hereby cer, tifv 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 7th day of June,2017,by the following vote: AYES: Councilmembers Kars,Roberts,Mayor Pro Tern Foat,and Mayor Moon NOES: None ABSENT: Councilmember.Mills - ABSTAIN: None - RECUSED: None KATHL D.HART,MMC INTERI i .nY CLERK'.,: A*Published:6/14/201 TOT# 18500000 TOT# 15700000 TOT# 18400001 Ronald Van Meeteren Lawrence Sofonio Alcazar Palm Springs, LLC A Place In The Sun Adriatic Hotel Apts Alcazar Palm Springs 754 E San Lorenzo Rd 2300 N Palm Canyon Dr 622 N Palm Canyon Dr Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Springs, CA 92262 TOT# 10850002 TOT#500000 TOT# 1100001 All Worlds Resort Erminia Verlengia Ramon Bautista 526 S Warm Sands Dr Aloha Hotel Palm Springs Amin Casa Destinations Palm Springs, CA 92264 796 S Palo Verde Ave PO BOX 1586 Palm Springs, CA 92264 South Pasadena, CA 91031 TOT#9800003 TOT# 16600002 TOT #900000 JROD Investments LLC G &W Lee Investment Corp Apache Lodge Andalusian Court Andreas Hotel & Spa 175 S Cahuilla Rd 458 W Arenas Rd 227 N Indian Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262 TOT#25400000 TOT# 20000002 TOT# 12700003 Palm Grove Group LLC Avance Hotel Int'I LLC Frank Corley Arrive Hotel Palm Springs Avance Hotel International Avanti Hotel LLC 1551 N Palm Canyon Dr 537 S Grenfall Rd 354 E Stevens Rd Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262 TOT#21500001 TOT# 14400002 TOT# 13500001 Bearfoot Inn INC Lars Viklund Canyon Club Hotel LLC Bearfoot Inn Calla Lily Inn Canyon Club Hotel LLC 888 N Indian Canyon Dr 350 S Belardo Rd 960 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 TOT#3400000 TOT# 3800000 TOT#300005 Herb Spunt Frank Tysen Century Hotel Group LLC Carlton Hotel/Apt Casa Cody Hotel Century Palm Springs 1339 N Indian Canyon Dr 175 S Cahuilla Rd 598 Grenfall Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264 TOT# 15100000 TOT#3900005 TOT#22400001 Ian Harper Cobalt RE Investments LLC Hotel Colts Lodge LLC Chaps Inn 589 S. Grenfall Rd Colts Lodge LLC 312 E Camino Monte Vista Palm Springs, CA 92264 1586 E Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92264 TOT#5950001 TOT#20450001 TOT#8000002 Coyote Inn Martini Madness LLC Martha Stephen 234 S Patencio Rd Del Marcos Hotel Desert Riviera Palm Springs, CA 92262 225 W Baristo Rd 610 E Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92264 TOT#6800002 TOT# 12300000 TOT#7500000 Desert Hills Partners DESERT LODGE Paradise Inc Desert Hills Resort Hotel 1177 S Palm Canyon Dr Desert Paradise Resort Hotel 601 W Arenas Rd Palm Springs, CA 92264 615 S Warm Sands Dr Palm Springs, CA 92262 Palm Springs, CA 92264 TOT#24500002 TOT#25430000 TOT#9250001 Richard Weiss Tim Spry Club Palm Springs LLC East Canyon Hotel &Spa El Cid El Mirasol Villas 288 E Camino Monte Vista 526 S Camino Real 525 Warm Sands Dr Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264 TOT# 19300001 TOT# 17600001 TOT#8500000 Mark D Hunter Casitas Laquita LLC JJM & MPM Enterprises LLC Escape Resorts Inc. Gypsy Rose Hacienda at Warm Sands 641 E San Lorenzo Rd PO BOX 2359 PO BOX 1645 Palm Springs, CA 92262 Rohnert Park, CA 949272359 Palm Springs, CA 92264 TOT#23300001 TOT# 11700001 TOT#800001 Kevin Miller Holiday House Horizon Mobile Village Hideaway, The 477 N Palm Cyn Dr, Ste B PO BOX 2308 562 W Arenas Rd Palm Springs, CA 92262 Laguna Hills, CA 926542308 Palm Springs, CA 92262 TOT# 13100001 TOT# 12900001 TOT# 10200002 Purdy Unitd, Inc. Ingleside Ops, LLC Inn Exile Hotel California Ingleside Inn 545 S Warm Sands Dr 424 E Palm Canyon Dr 3201 Fillmore St Palm Springs, CA 92264 Palm Springs, CA 92264 San Francisco, CA 94123 TOT# 11000001 TOT# 13000000 TOT#22300001 Jon Jackson Donna Neff Dharmendra Patel Inndulge Resort Inc. Iron Tree Inn Knights Inn Palm Springs 601 Grenfall Rd PO BOX 2117 1450 S Palm Canyon Dr Palm Springs, CA 92264 Lynnwood, WA 98036 Palm Springs, CA 92264 TOT # 13250001 TOT# 19900001 TOT#2600002 Makar Korakia Pensione LLC Kenneth P Stabins Kiki Mei INC Korakia Pensione La Dolce Vita Resort & Spa La Maison Hotel 257 S Patencio Rd PO BOX 5831 1600 E Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92264 TOT# 14600001 TOT# 1500001 TOT#6900002 La Serena Villas Spencer Recovery Centers, Inc Spencer Recovery Centers, Inc 339 S Belardo Rd Las Palmas Hotel Las Palmas Hotel West Palm Springs, CA 92262 P O BOX 9296 P O BOX 9296 Laguna Beach, CA 92652 Laguna Beach, CA 92652 TOT#25410000 TOT# 13700003 TOT#7400001 Thomas Arthea Hermann Steve Hermann Hotels LLC Little Paradise Hotel LLC Las Palmas LLC/The Weekend L'Horizon Resort & Spa Little Paradise Hotel 441 N Stanley Ave 1050 E Palm Canyon Dr 435 E Avenida Olancha Santa Barbara, CA 93105 Palm Springs, CA 92264 Palm Springs, CA 92264 TOT# 12600001 TOT# 16400001 TOT#20300002 Los Arboles Hotel GAK Hospitality INC Pacifica Host Hotels LLC 784 N Indian Canyon Dr Monkey Tree Hotel Movie Colony Hotel Palm Springs, CA 92262 2388 E Racquet Club Rd 1775 Hancock St, 9200 Palm Springs, CA 92262 San Diego, CA 92110 TOT#3700000 TOT# 10210001 TOT# 17250000 Bmaratkumar Patel Captains Bounty Inc Jorge Martinez Musicland Hotel Old Ranch Inn Orange Tree Lodge 1342 S Palm Canyon Dr 220 S Patencio Rd 975 E Camino Parocela Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Springs, CA 92264 TOT#24900001 TOT#4200001 TOT#20900000 Orbit In Hotel AEK Capital Mgmt, LLC KATHURIA (MEMBER) 562 W Arenas Rd Palm Springs Hotel Palm Springs Inn Palm Springs, CA 92262 2135 N Palm Canyon Dr 2525 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 TOT# 16200002 TOT# 10600005 TOT#5100003 Palm Springs Rendezvous Tim Chapman Santoni Investments 145 Kraml Dr Palm Springs Wellness Retreat Posh Palm Springs Burr Ridge, IL 60527 1777 N Palm Canyon Dr 530 E Mel Ave Palm Springs, CA 92262 Palm Springs, CA 92262 TOT#25350001 TOT#24750002 TOT#5900000 Residenza San Lorenzo The Rossi Ruby Z Montana 588 E San Lorenzo Rd PO BOX 1054 Ruby Montana's Coral Sands Inn Palm Springs, CA 92264 Cardiff By The Sea, CA 92007 210 W Stevens Rd Palm Springs, CA 92264 TOT#20150000 TOT# 15600002 TOT#21000002 George Cebra Resorts Palm Springs LLC Tangerine Hotels PS Inc. Sakura Japanese B&B Santiago Resort Skylark Hotel 1677 N Via Miraleste 650 E San Lorenzo Rd 1466 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262 TOT#21100000 TOT# 19150006 TOT#21400001 Smoketree Ranch No Vacancy Tonight LLC M.A.O.R.I LLC 1850 Smoketree Ln Sparrows Lodge Stardust Hotel Palm Springs, CA 92264 1330 E Palm Canyon Dr 1610 S Via Entrada Palm Springs, CA 92264 Palm Springs, CA 92264 TOT#24650004 TOT# 1200000 TOT#23750000 Morton D P Groves & Kathryn S G Ricardo Gomez Michael C Green Three-Ten Tortuga Del Sol Triangle Inn 56961 Village Dr 715 E San Lorenzo Rd 555 San Lorenzo Rd La Quinta, CA 92253 Palm Springs, CA 92264 Palm Springs, CA 92264 TOT#2800001 TOT#600000 TOT#24800002 John P O'Carroll Jeannine M Raymond David B Shahriari Twin Palms Resort Villa Rosa Inn Villa Royale Inn & Europa 1930 S Camino Real 1577 S Indian Trail 1620 S Indian Trail Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 TOT#25100000 TOT#25150000 TOT#25420000 Vista Grande Villa Mohsen Aghazadeh Wesley Palm Springs 574 S Warm Sands Dr Warm Sands Villas 300 Queen Ann Ave N 360 Palm Springs, CA 92264 555 S Warm Sands Dr Seattle, WA 89109 Palm Springs, CA 92264 TOT# 14900000 TOT# TOT# Tracy Conrad Willows Historic Palm Springs 1850 Smoketree Ln Palm Springs, CA 92264 TOT # TOT# TOT# TOT# TOT# TOT# NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS INTENT TO RENEW THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its regular meeting of Wednesday, June 21, 2017. The City Council meeting begins at 6:00 p.m., in Primrose B, Palm Springs Convention Center, 277 N. Avenida Caballeros, Palm Springs, California 92262. The purpose of the public hearing is to consider renewal of the Palm Springs Small Hotel Tourism Business Improvement District, to provide business promotional activities for hotels and motels in the City of Palm Springs of 49 rooms or less, and authorizing the levy of assessments on small hotels and motels of 49 rooms or less within the district boundaries, which are the city limits of the City of Palm Springs, pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. GEOGRAPHIC BOUNDARIES: The boundaries of the proposed Assessment District are the city limits of the City of Palm Springs, the assessment levied against small hotels and motels with 49 rooms or less in the City. PROPOSED FISCAL YEAR 2017-18 ASSESSMENT: Small hotels and motels within the city limits would pay the assessment in the amount as outlined in City Council Resolution No. 24230, Resolution of Intent. No other business shall be subject to the assessment. PROTEST PROCEDURES: Any interested party may protest the renewal of the Palm Springs Small Hotel Tourism Business Improvement District. Protest Procedures, as well as the content of any protest are outlined in City Council Resolution No. 24230, Resolution of Intent. REVIEW OF INFORMATION: The staff report, proposed ordinance, and other supporting documents regarding this matter are available for public review at Palm Springs City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204, if you would like to schedule an appointment to review these documents. COMMENT ON THIS PUBLIC HEARING: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written protests must be received at or before the time for the Public Hearing. Verbal protests at the Public Hearing will also be counted. A majority protest of the businesses iq representing fifty percent (50%) or more of the total proposed assessments to be levied will defeat the renewal of the Palm Springs Small Hotel Tourism Business Improvement District. Written comments can be made to the City Council by email at City.Clerk palmspringsca.gov or by mail or hand delivery to: Kathleen D. Hart, MMC Interim City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed in court may be limited to raising only those issues raised at the public hearing, described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. [Cal. Gov. Code Section 65009(b)(2)]. An opportunity will be given at said public hearing for all interested persons to be heard. Questions regarding the public hearing may be directed to Geoffrey S. Kiehl, Director of Finance and Treasurer, (760) 323-8221. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253 x 8742. Kathleen D. Hart, MMC Interim City Clerk l5 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 at seq. (the "Actj 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. (Io 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:/Auww.palmspdngsca.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 specked 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. DAVID H. READY, CITY MANAGER ATTEST: KATHL HART, MMC Interim City Clerk 11K 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 co and and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on 7 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 `L4LA& KATHLEEN D. HART, MMC INTERIM CITY CLERK l`}