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HomeMy WebLinkAbout10/5/2016 - STAFF REPORTS - 2.C.ALM sp9 c V N x C'441FORN�P CITY COUNCIL STAFF REPORT DATE: OCTOBER 5, 2016 PUBLIC MEETING SUBJECT: PUBLIC MEETING AND ADOPTION OF A RESOLUTION OF INTENTION TO ESTABLISH THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING THE PUBLIC HEARING FOR NOVEMBER 2, 2016. FROM: David H. Ready, City Manager BY: Chief of Staff/City Clerk SUMMARY The Small Hotels of Palm Springs (SHOPS) and the Desert Gay Tourism Guild (DGTG) have requested that the City of Palm Springs establish a Tourism Business Improvement District ("the TBID"), and collect an assessment on hotels of 49 rooms or less located in the City to be used for additional marketing dedicated to small hotels. The City Council will consider a resolution of intention to establish the district and appoint an advisory board to study and advise the City Council as required by law. The resolution of intention sets November 2, 2016, as the date of the public hearing and hearing objections and protests to the district. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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." 2. Direct the City Clerk to prepare notice and mail the resolution of intention to all small hotels within the District and publish the resolution of intention as required by law. 3. Appoint the President and three members of the Small Hotels of Palm Springs, the President and three members of Desert Gay Tourism Guild, as the Palm Springs Small Hotel Tourism Business Improvement District Advisory Board and order the Advisory Board Report on the proposed assessment and proposed ITEM NO, 0 L City Council Staff Report October 5, 2016 -- Page 2 Small Hotel Tourism BID activities for the first year, for review by the City Council at the November 2, 2016, Public Hearing. STAFF ANALYSIS: At the August 2, 2016, meeting the City Council directed the City Manager to develop a report and materials for the consideration of the creation of a Palm Springs Small Hotel Tourism Business Improvement District. At the September 7, 2016, meeting the City Council adopted Resolution No. 24086 initiating proceedings to establish the district and setting October 5, 2016, as the date to conduct the public meeting. A TBID is a special benefit assessment district that can be established by the City Council, under existing State law', for the specific purpose of funding activities that promote tourism. Currently, 67 California Cities have TBID programs in place. This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs CVB (GPSCVB). The establishment 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 Taxoavers Assn. v. City of San Dieao N 999) 72 Cal. App. 4th 230) The formation 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 establishment of the TBID. Each protest is weighted by the amount of the assessment to be paid. The TBID cannot be established 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. SHOPS and DGTG are 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. ' Parking and Business Improvement Area Law of 1989, Cal Streets and Highways Code § 36500 et seq. 02 City Council Staff Report October 5, 2016 -- Page 3 Small Hotel Tourism BID The assessment would be collected by the City. SHOPS and DGTC are recommending the Palm Springs Bureau of Tourism (PSBOT) administer the BID funds and promotional programs as a segregated and restricted fund. The hoteliers recommend an advisory group to determine the programs and efforts to be funded and recommend the PSBOT administer the development and implementation of the programs. If the TBID is approved, by law, the City Council is required to appoint an advisory board that will report to the City Council annually. The Annual Report must include an activity review, future activities, reconciliation of funds and a recommendation on the level of assessment for the following year. Thereafter, the City must annually adopt a Resolution of Intent to Levy Assessments and at a subsequent meeting hold a public hearing and adopt a resolution levying the assessment. The formation of a TBID involves a number of legal steps the City Council is required to follow: SCHEDULE OF ACTIONS SMALL HOTEL TOURISM IMPROVEMENT DISTRICT Step Action 2 3 4 C: Meeting/Notice Adoption of Resolution Appointing City Council Meeting Advisory Board and Ordering Notice of Public Meeting and Public Hearing Mailed Joint Notice of Public Meeting After Adoption of and Public Hearing to assessed Resolution in Step 1 businesses Public Meeting Adoption of Resolution of Intention Mailed Resolution of Intention to assessed businesses Public Hearing No Less than 10 Days After Step 2 At Same City Council Meeting as Step 3 No More than 7 Days after Step 4 No Less than 45 days after Step 2, No Less than 20 Days After Step 4, and No More than 30 Days After Step 4 Meeting 09-07-2016 09-15-2016 10-05-2016 10-05-2016 10-12-2016 11-02-2016 03 City Council Staff Report October 5, 2016 -- Page 4 Small Hotel Tourism BID 7 Introduction of Ordinance At Same City Council Establishing District and Setting Levy Meeting As Step 6 8 Second Reading of Ordinance At Next Meeting of City Council Following Step 7 9 Adoption of Resolution Confirming At Same City Council Assessment Meeting as Step 8 11-02-2016 11-16-2016 11-16-2016 The ordinance effective date would be December 16, 2016; the effective date of the first assessment would be January 1, 2017, in which the subject hotels would be responsible for the assessment. While the City Council is taking no action on the ordinance establishing the district and setting the levy of assessments, the City Attorney has a preliminary draft of an ordinance for review by the City Council and attached for reference. There are approximately 80 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. SHOPS and DGTG membership includes approximately 80% of the small hotels located in the City of Palm Springs. Through a number of meetings, the two organizations have identified the formation of a TBID with a 1% assessment on room revenue as an appropriate funding source for increased marketing efforts. SHOPS and DGTG have asked that the PSBOT work with them to administer the programs funded through the assessment. This would facilitate the coordination with all existing efforts and take advantage of the staffing and infrastructure that is already in place. The City Council will consider the appointment of the President and three members of the Small Hotels of Palm Springs, the President and three members of Desert Gay Tourism Guild, as the Palm Springs Small Hotel Tourism Business Improvement District Advisory Board. All Advisory Board meetings are subject to the notice and requirements of the Ralph M. Brown Act for the conduct of meetings. Title 2, Cal. Code of Regulations § 18703(e)(5) effectively exempts TBID board members from substantive conflict of interest regulations as they relate to voting on board matters, such as recommending an assessment rate, which could possibly affect an economic interest they have within the boundary area. Thus, such board members sitting on the advisory board could vote on recommending an assessment rate to be EV City Council Staff Report October 5, 2016 -- Page 5 Small Hotel Tourism BID applied to hotel operators without being subject to the disqualification rules contained in the Political Reform Act and the regulations promulgated by the Fair Political Practices Commission (FPPC). Notwithstanding, advisory board members would still be required to disclose economic interests on FPPC Form 700 annually, and would be required every two years to receive the State approved AB1234 ethics training. FISCAL IMPACT: Based upon the current assessment information, the assessment will generate approximately $325,000 per year, restricted funds, for the specific purpose of the TBID. The City would incur 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. Dependent upon the final terms of the TBID, if approved, the TBID will require collection, distribution, audit, annual report preparation, and City Staff administration. All administrative Staff time and costs may 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. Pursuant to previous direction from the City Council, Staff has included provisions, in both the Resolution of Intention and the proposed ordinance, the administrative costs will be funded by the proceeds of the assessment. THOMPSON DAVID H. READY;XES hief of Staff/City Clerk City Manager Attachments: Proposed Resolution Initiating Proceedings Sample ordinance establishing the District Public Meeting/Hearing Notice 05 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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, and WHEREAS, the City Council desires to establish an tourism business assessment district pursuant to the provisions of Streets and Highways Code sections 36500 et seq. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: 1. The City Council hereby declares its intention to establish a business improvement assessment district area to be called the "Palm Springs Small Hotel Tourism Business Improvement District" (hereinafter "Assessment District") pursuant to Streets and Highways Code Section 36500 et seq. 2. The proposed programs and activities of the district shall be for the promotion of the business activity of these designated motel and hotels. The activities 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. 3. The location of the Assessment District is the City boundaries of the City of Palm Springs. 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the district area. 5. It is the intention of the City Council that the Assessment District shall be responsible for reimbursing the City of Palm Springs for any and all costs the City has or will incur in establishing and otherwise assisting in the administration of the Assessment District. Accordingly such city costs shall be deemed a debt of the Assessment District which such debt shall be paid from revenue received by the Assessment District. 6. The method and basis of levying the assessment will be an assessment calculated as a percentage of each day's daily gross revenue from room rents. The 06 Resolution No. Page 2 assessment shall be annually as set by resolution of the City Council. It is proposed that the initial assessment shall be at the rate of 1% of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment. Only hotels and motels of 49 rooms or less shall be subject to assessment. 7. Pursuant to section 36531, new hotel and motel businesses described above shall not be exempt from the levy of the assessment. 8. A public hearing concerning the proposed establishment of the Palm Springs Small Hotel Tourism Business Improvement District and the levy of a proposed 1% assessment on hotel and motels of 49 rooms or less shall be held by the City Council on Wednesdav, November 2, 2015, at 6:00 o.m., or as soon thereafter as the matter can be heard, in the Council chambers of the City of Palm Springs located at 32400 E. Tahquitz Canyon Way, Palm Springs, California. 9. Any interested person may give testimony at the public hearing concerning the following: whether the proposed Assessment District should be established; extent of the boundary area; the furnishing of specified types of promotion activities, or improvements. A protest may be made orally or in writing. If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that'50 percent, then no further proceedings shall be taken to form the district for a period of one year. If a majority protest is only against the furnishing of a specified type or types of activities with the district, those types of activities must be eliminated. 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 clerk at or before the time fixed for hearing. Each written protest shall contain a description of the business in which the person the protestor 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 of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. 10. The City Clerk shall give notice of the public hearing by causing this resolution to be published once in a newspaper of general circulation in the City in the manner prescribed by Government Code Section 54954.6. 07 Resolution No. Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5TH DAY OF OCTOBER, 2016. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 5th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ESTABLISHING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT The City Council of the City of Palm Springs hereby ordains as follows: Section 1. Code Amendment. Chapter 5.83, entitled "Establishment of the Palm Springs Small Hotel Tourism Business Improvement District", is hereby added to Title 5 "Business Regulations" of the Municipal Code to read as follows: "Chapter 5.83. Establishment of the Palm Springs Small Hotel Tourism Business Improvement District. 5.83.010 — Chapter title. This chapter shall be known as the "Palm Springs Small Hotel Tourism Business Improvement District." 5.83.020 - Definitions. For the purposes of this chapter, the following definitions shall apply: A. "Assessment' means the assessment authorized by this chapter. B. "Authorized activities" means the activities authorized to be provided in connection with the district, as set forth in this chapter. C. "District" means the Palm Springs tourism business improvement district established by this chapter. D. "Fiscal year" means the period beginning July 1 of each calendar year and ending June 30 of the following calendar year, except that the fiscal year ending June 30, 2003 shall begin on the later of the effective date of this chapter or March 5, 2003. E. "Gross occupancy revenue" means the total rent received from transients by a hotel and motel business. F. "Hotel and motel business" means any operator of a hotel other than an operator of a hotel that is owned by a nonprofit corporation and operated as an adjunct to a charitable or educational activity. G. "Law" means the Parking and Business Improvement Area Law of 1989, being Sections 36500 et seq. of the California Streets and Highways Code. H. "Transient occupancy tax" means the tax imposed by the city as established in the Municipal Code. 5.83.030 - District established/Cost Reimbursement Owing to the City. 1186956 1 09 (A) A parking and business improvement area designated as the "Palm Springs Small Hotel Tourism Business Improvement District' (referred to as "Assessment District", or "District") is hereby created and established pursuant to the law. (B) The Assessment District shall reimburse the City of Palm Springs for any and all costs the City has, or will, incur in establishing and otherwise assisting in the administration of the District. Accordingly, such costs shall be deemed a debt of the District which such debt shall be repaid promptly from any District revenue. 5.83.040 - Boundaries. The boundaries of the Assessment District are the city limits of the city of Palm Springs 5.83,050 - Activities. The following activities are authorized to be provided in connection with the district: (i) the promotion of tourism within the district; (ii) the promotion of public events which benefit hotel and motel businesses operating in the district; (ii) furnishing of music in any public place in the district; and (iv) activities which benefit hotel and motel businesses located and operating in the district The primary purpose of these activities is to promote tourism within the district. 5.83.060 - Assessment. Except where funds are otherwise available, an assessment shall be levied annually to pay for all authorized activities within the district. The assessment shall be in addition to any other assessments, fees, charges or taxes imposed by the city. 5.83.070 - Assessment —Businesses subject to assessment. The assessment will be levied against small hotel with 49 rooms or less in the city. No other business shall be subject to the assessment. 5.83.080 - Assessment —New businesses. Small hotel and motel businesses as defined herein 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. 5,83,090 - Assessment —Basis and rate. The assessment will be calculated as a percentage of each day's gross occupancy revenue. The rate of the assessment effective in any fiscal year shall be set by resolution of the city council pursuant to Streets and Highway Code section 36535. 5.83.100 - Assessment —Collection. The assessment calculated based on any day's gross occupancy revenues shall be paid to the city no later than the date on which the small hotel and motel business is required to remit to the city the transient occupancy tax collected by the hotel and motel business on that day. 5.83.110 - Assessment —Penalties and interest. Any small hotel and motel business failing to timely make payment to the city of the assessment shall be subject to the same penalties and interest thereon as set forth in the Municipal Code for failure to timely remit to the city transient occupancy tax payments collected by the hotel and motel business. 1186956.1 10 5.83.120 - Assessment —Debt to city. The amount of assessment, penalty and interest imposed by the provisions of this chapter shall be deemed a debt to the city. An action may be commenced in any court of competent jurisdiction in the name of the city for the amount of such debt. The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any assessment, penalty or interest due and unpaid at the time of such conviction nor shall payment prevent prosecution of a violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of one or more remedies by the city to enforce this chapter shall not bar the use of any other remedy. 5.83.130 - Assessment —Election to recover from transient. The assessment is levied upon each hotel and motel business subject to the assessment, and each such business shall be solely responsible for paying all assessments when due. Without disturbance of the foregoing, a hotel or motel business may elect to recover some or all of the amount of the assessment from transients owning rent to the hotel or motel business. The amount to be recovered from any transient may not exceed the amount of rent owed by that transient to the hotel and motel business, multiplied by the then effective rate of the assessment. The amount recovered shall be identified or itemized (separately or in conjunction with the amount of transient occupancy tax owned by that transient) on a document provided to the transient. Assessments levied on hotel and motel businesses pursuant to this chapter and recovered from transients pursuant to this section are not considered "rent' for the purposes of Section 4.44.020 of this code. 5.83.140 - Special fund. There is created a special fund designated as 'Palm Springs Small Hotel Tourism Business Improvement District Fund" into which all revenue derived from assessments levied pursuant to this chapter shall be placed, and such funds shall be used only for the purposes specified in this chapter This fund shall be subject to an annual independent audit. 5.83.150 - Use of revenues. Revenues from the levy of the assessment may be used only for authorized activities, and shall not be used for activities outside of the district. 5.83.160 - Contracting of funds. The city may contract with a separate public or private agency to administer the authorized activities. Any agency that holds funds in trust for purposes related to the contract shall, at no expense to the city, provide an annual independent audit report by a certified public accountant of these funds. The audit may be funded from assessment proceeds as part of the general administration of the district. At all times the city shall reserve full rights of accounting of these funds. 5.83.170 - Amendments. Small Hotel and motel businesses within the district shall be subject to any amendments to the law. 5.83.180 - Recordkeeping and inspections. It shall be the duty of every hotel and motel business to keep all records as may be necessary to determine the amount of assessment due hereunder and shall preserve the same for a period of 4 years. The tax administrator shall have the right to inspect such records at all reasonable times. The finance director shall determine the mode and method of recordkeeping required to assist the tax administrator to perform the duties required of him under this section. Any audit which must be 1186956.1 11 performed to secure compliance with the terms of this section is to be performed in the city. If for any reason the audit cannot be performed in the city, the hotel and motel business shall reimburse the city for the actual cost of all transportation, lodging, meals, travel time and other incidental costs reasonably incurred by the city in conducting the audit." 11869561 12 NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS ESTABLISHMENT OF 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 meeting at its regular meeting of Wednesday, October 5, 2016, and public hearing at its regular meeting of November 2, 2016. The City Council meeting begins at 6:00 p.m., in the Council Chamber at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the October 5, 2016, public meeting is to consider a Resolution of Intention to establish the Palm Springs Small Hotel Tourism Business Improvement District and to levy assessments within the district. The purpose of the November 2, 2016, public hearing is to consider an Ordinance, pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., establishing 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. The proposed assessment and protest procedures will be outlined in the Resolution of Intention, if so adopted by the City Council at the October 5, 2016, public meeting, and duly noticed pursuant to law. REVIEW OF INFORMATION: The staff report 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 City Clerks Department at (760) 323-8204, if you would like to schedule an appointment to review these documents. COMMENT ON THIS PUBLIC MEETING OR PUBLIC HEARING: Response to this notice can be made verbally at the Public Meeting or the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by email at Citv.Clerk(ftalmsgrinosca.00v or by mail or hand delivery to: JAMES THOMPSON, CITY CLERK City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 13 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public meeting or 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)J. An opportunity will be given at said public meeting and public hearing for all interested persons to be heard. Questions regarding the public meeting and the public hearing may be directed to James Thompson, City Clerk at (760) 323-8204. 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. Z,4k ES THOMPSON, CITY CLERK 14 CITY OF PALM SPRINGS PUBLIC NOTIFICATION (a Date: October 5, 2016 Subject: Tourism Business Improvement District — Small Hotels 49 rooms and less. AFFIDAVIT OF MAILING I, Kathie Hart, MMC, 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 September 15, 2016, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (81 notices) I declare under penalty of perjury that the foregoing is true and correct. MJ\01� Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, 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 September 17, 2016. I declare under penalty of perjury that the foregoing is true and correct. Wah()- Kathie Hart, MMC Chief Deputy City Clerk 15 to • 51 900 kwL� �- (� A PLACE IN THE SUN #18500000 VAN MEETEREN,RONALD 754 SAN LORENZO RD PALM SPRINGS, CA 92264 ALL WORLDS RESORT #10850002 ALL WORLDS RESORT INC 526 WARM SANDS DR PALM SPRINGS, CA 92264 ADRIATIC HOTEL APTS, THE #15700000 SOFONIO, LAWRENCE 2300 N PALM CANYON DR PALM SPRINGS, CA 92262 ALOHA HOTEL #00500000 VERLENGIA, ERMINIA 796 S PALO VERDE AVE PALM SPRINGS, CA 92264 ALCAZAR #18400001 ALCAZAR PALM SPRINGS LLC 622 N PALM CANYON DR PALM SPRINGS, CA 92262 AMIN CASA DESTINATIONS #01100001 RAMON BAUTISTA PO BOX 1586 SOUTH PASADENA, CA 91031 ANDALUSIAN COURT #09800003 ANDREAS HOTEL & SPA #16600002 APACHE LODGE #00900000 JROD INVESTMENTS LLC G & W LEE INVESTMENT CORP PAPAZIAN, JACK AND TAMARA 417 BELLA CARAWAY 227 N INDIAN CYN DR C/O CASA CODY PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262 175 S. CAHUILLA ROAD PALM SPRINGS, CA 92262 ARRIVE HOTEL #25400000 AVANCE HOTEL INTERNATIONAL AVANTI HOTEL LLC #12700003 PALM GROVE GROUP LLC #20000002 FRANK CORLEY 1551 N PALM CANON DR AVANCE HOTEL INTL LLC 354 E STEVENS ROAD PALM SPRINGS, CA 92262 2145 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 #4-124 PALM SPRINGS, CA 92262 BEARFOOT INN #21500001 CALLA LILY INN #14400002 CANYON CLUB HOTEL LLC BEARFOOT INN INC ALLIES ENTERPRISES LLC #13500001 888 N INDIAN CANYON DR 350 S BELARDO RD HOTEL LLC, CANYON CLUB PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 960 N PALM CANYON DRIVE PALM SPRINGS, CA 92262 CARLTON HOTEL/APT #03400000 SPUNT,HERB 27943 SECO CANYON ROAD SANTA CLARITA, CA 91350 CENTURY PALM SPRINGS #00300005 CENTURY HOTEL GROUP, LLC 598 S GRENFALL RD PALM SPRINGS, CA 92264 COLTS LODGE LLC #22400001 COLTS LODGE LLC 1673 S CALLE ROLPH PALM SPRINGS, CA 92262 CASA CODY HOTEL #03800000 FRANK TYSEN 175 S CAHUILLA RD PALM SPRINGS, CA 92262 CHAPS INN #15100000 HARPER„IAN 312 CAMINO MONTE VISTA PALM SPRINGS, CA 92262 COYOTE INN #05950001 VRM, Inc (CHRIS A MILLER) 234 S PATENCIO PALM SPRINGS, CA 92262 DESERT FLOWER PROPERTIES LLC DESERT HILLS #06800002 #08000002 DESERT HILLS PARTNERS MARTHA STEPHEN 601 W ARENAS ROAD PO BOX 5630 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263 DESERT PARADISE RESORT HOTEL DESERT SUN RESORT #22800001 #07500000 ELIZABETH YOUNG PARADISE INC 1533 CHAPARRAL RD 615 WARM SANDS DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 CASITAS LAQUITA #17600000 CASITAS LAQUITA LLC P.O. BOX 4450 PALM SPRINGS, CA 92263 CHASE HOTEL AT PALM SPRINGS #11700000 BLAU, CRAIG 200 W ARENAS RD PALM SPRINGS, CA 92262 DEL MARCOS HOTEL #20450001 MARTINI MADNESS LLC 225 W BARISTO RD PALM SPRINGS, CA 92262 DESERT LODGE #12300000 WERBY (PRESIDENT), DON 1177 S PALM CANYON DR PALM SPRINGS, CA 92264 EAST CANYON HOTEL & SPA #24500001 WEISS (PRESIDENT), RICHARD 288 E CAMINO MONTE VISTA PALM SPRINGS, CA 92262 EL CID #25430000 EL MIRASOL VILLAS #09250001 EL PRADO #09900000 TIM SPRY CLUB PALM SPRINGS LLC BURGER, JAMES G 1775 E PALM CANYON DR 525 WARM SANDS DRIVE 1020 N INDIAN CANYON DR STE 110-238 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 ESCAPE RESORTS INC #19300001 MARK D HUNTER 641 E SAN LORENZO RD PALM SPRINGS, CA 92264 HOTEL CALIFORNIA #13100001 PURDY UNLIMITED INC 424 E PALM CANYON DR PALM SPRINGS, CA 92264 HACIENDA AT WARM SANDS, THE HORIZON MOBILE VILLAGE #08500000 #00800001 JJM & MPM ENTERPRISES LLC BEATTY, RALPH P O BOX 1645 PO BOX 2308 PALM SPRINGS, CA 92263 LAGUNA HILLS, CA 92654 INN EXILE #10200002 ALL WORLDS RESORTS LLC 526 S WARM SANDS DRIVE PALM SPRINGS, CA 92264 IRON TREE INN #13000000 KNIGHTS INN PALM SPRINGS DONNA NEFF (P) #22300001 1600 CALLE PALO FIERRO DHARMENDRA PATEL PALM SPRINGS, CA 92264 1450 S PALM CANYON DR PALM SPRINGS, CA 92264 LA DOLCE VITA RESORT #19900001 STABINS, KENNETH P PO BOX 5831 PALM SPRINGS, CA 92263 L'HORIZON RESORT & SPA #13700003 STEVE HERMANN HOTELS LLC 1482 EAST VALLEY ROAD # 775 SANTA BARBARA, CA 93108 MELVYNS AND THE INGLESIDE INN #12900000 HABER, MELVYN 200 W RAMON RD PALM SPRINGS, CA 92264 INNDULGE RESORT INC #11000001 JONJACKSON 601 GRENFALL RD PALM SPRINGS, CA 92264 KORAKIA PENSIONE #13250001 MAKAR KORAKIA PENSIONE LLC ATTN:PAULETTE 257 S PATENCIO PALM SPRINGS, CA 92262 LA MAISON HOTEL #02600002 LAS PALMAS LLC #25410000 KIKI MEI INC THOMAS ARTHEA HERMANN 1996 T 1600 E PALM CANYON DR 441 N STANLEY AVE PALM SPRINGS, CA 92264 SANTA BARBARA, CA 93105 LITTLE PARADISE HOTEL #07400001 LOS ARBOLES HOTEL #12600001 LITTLE PARADISE HOTEL LLC CASTANEDA, FELIPE 528 E CEDAR AVE #202 784 N INDIAN CANYON DR BURBANK, CA 91501 PALM SPRINGS, CA 92262 MOVIE COLONY HOTEL #20300002 PACIFICA HOST HOTELS LLC 726 N INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 OLD RANCH INN #10210001 ORANGE TREE LODGE #17250000 CAPTAINS BOUNTY INC MARTINEZ. JORGE 220 S PATENCIO RD 975 E CAMINO PAROCELA PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 PALM SPRINGS INN #20900000 KATHURIA (MEMBER), Y 2525 N PALM CYN DR PALM SPRINGS, CA 92262 PALM SPRINGS RENDEZVOUS #16200002 SE SE WORLDWIDE INC 1420 N INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 MUSICLAND HOTEL #03700000 PATEL,BMARATKUMAR 1342 S PALM CYN DR PALM SPRINGS, CA 92264 ORBIT IN HOTEL #24900001 KEVIN MILLER 562 W ARENAS PALM SPRINGS, CA 92262 PALM SPRINGS WELLNESS RETREAT #10600005 TIM CHAPMAN PO BOX 383 PALM SPRINGS, CA 92262 POSH PALM SPRINGS #05100003 PURA VIDA #03900004 RESIDENZA SAN LORENZO SANTONY INVESTMENTS LLC PURA VIDA RESORTS INC #25350001 530 E MEL AVE 1775 E PALM CANYON DR 110 O'TL LLC PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264-1623 588 E SAN LORENZO ROAD PALM SPRINGS, CA 92264 RUBY MONTANA'S CORAL SANDS SAKURA JAPANESE BED & SAN GIULIANO #24750002 INN #05900000 BREAKFAST #20150000 MARINA ANGELA ROSSI MONTANA, RUBY Z CEBRA, GEORGE PO BOX 1054 210 W STEVENS RD 1677 N VIA MIRALESTE CARDIFF BY THE SEA, CA 92007 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 SANDALWOOD HOTELJAPT #20200000 SPUNT,HERB 27943 SECO CANYON ROAD SANTA CLARITA, CA 91350 THE HIDEAWAY #23300000 WAHOO CAL HOTELS LLC 2314 NW SAVIER PORTLAND, OR 97210 THE SPARROWS LODGE #19150006 NO VACANCY TONIGHT LLC 1330 E PALM CANYON DR PALM SPRINGS, CA 92264 TORTUGA DEL SOL #01200000 GOMEZ, RICARDO 715 E SAN LORENZO RD PALM SPRINGS, CA 92264 VILLA ROSA INN #00600000 RAYMOND, JEANNINE M. 1577 S INDIAN TR PALM SPRINGS, CA 92264 SANTIAGO RESORT #15600002 RESORTS PALM SPRINGS LLC 650 E SAN LORENZO ROAD PALM SPRINGS, CA 92264 THE MONKEY TREE HOTEL #16400001 GAK HOSPITALITY INC 2388 E RACQUET CLUB ROAD PALM SPRINGS, CA 92262 THE STARDUST HOTEL #21400001 M A.O.R.I LLC PO BOX 1473 RANCHO MIRAGE, CA 92270 TRIANGLE INN #23750000 GREEN, MICHAEL C 555 SAN LORENZO RD PALM SPRINGS, CA 92264 VILLA ROYALE INN & EUROPA #24800002 DAVID B SHAHRIARI (CEO) 1620 S INDIAN TRL PALM SPRINGS, CA 92264 SKYLARK HOTEL #21000001 PB CONSTRUCTION SERVICES LLC 1466 N PALM CANYON DR PALM SPRINGS, CA 92262 THE PALM SPRINGS HOTEL #04200001 AEK CAPITAL MANAGEMENT LLC 13207 WEDDINGTON ST SHERMAN OAKS, CA 91401-6841 THE WESLEY PALM SPRINGS #25420000 DAVID ANDERSON 711 S RIVERSIDE DR PALM SPRINGS, CA 92264 TWIN PALMS RESORT #02800001 O'CARROLL, JOHN P 1930 S CAMINO REAL PALM SPRINGS, CA 92264 VISTA GRANDE VILLA #25100000 MELLEN, ROBERT E 574 WARM SANDS DR Palm Springs, CA 92264 WARM SANDS VILLAS #25150001 WILLOWS HISTORIC PALM SPRINGS Z-HELIOS HOTEL #11300002 MOHSEN AGHAZADEH #14900000 ASCENSION TREATMENT PO BOX 2122 CONRAD, TRACY CENTER,LLC LA JOLLA, CA 92038 1850 SMOKE TREEE LN 3 BELMONT PALM SPRINGS, CA 92264 NEWPORT BEACH, CA 92660-6732 NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS ESTABLISHMENT OF 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 meeting at its regular meeting of Wednesday, October 5, 2016, and public hearing at its regular meeting of November 2, 2016. The City Council meeting begins at 6:00 p.m., in the Council Chamber at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the October 5, 2016, public meeting is to consider a Resolution of Intention to establish the Palm Springs Small Hotel Tourism Business Improvement District and to levy assessments within the district. The purpose of the November 2, 2016, public hearing is to consider an Ordinance, pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., establishing 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. The proposed assessment and protest procedures will be outlined in the Resolution of Intention, if so adopted by the City Council at the October 5, 2016, public meeting, and duly noticed pursuant to law. REVIEW OF INFORMATION: The staff report 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 City Clerks Department at (760) 323-8204, if you would like to schedule an appointment to review these documents. COMMENT ON THIS PUBLIC MEETING OR PUBLIC HEARING: Response to this notice can be made verbally at the Public Meeting or the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by email at Citv.Clerka-r)almsr)rinasca.00v or by mail or hand delivery to: JAMES THOMPSON, CITY CLERK City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 16 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public meeting or 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 meeting and public hearing for all interested persons to be heard. Questions regarding the public meeting and the public hearing may be directed to James Thompson, City Clerk at (760) 323-8204. 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. /4ES THOMPSON, CITY CLERK (11 17 The Desert sun 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578 / Fax 760-778-4731 State Of California as: County of Riverside Certificate of Publication Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order # 0001653452 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non Panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper: The Desert Sun 10/13/2016 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a Newspaper of general circulation on March 24, 1968 by the Superior Court of the County of Riverside, State of California Case No. 191236. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 13th day of OI3 2016 in Palm Springs, Califor 7 Declarant RECEIVED CITY OF PALM SPRING gill OCT 17 AM 9t o0 JA CITY CLERK Of;