HomeMy WebLinkAbout6/21/2017 - STAFF REPORTS - 2.E. 40�?ALM S.
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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.
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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
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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`}