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Home My WebLink About1774 ORDINANCE NO. 1774 THIS ORDINANCE WAS NOT ADOPTED AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ORDINANCE NO. 1709 RELATING TO THE ESTABLISHMENT OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENTS PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989, AND CODIFYING ORDINANCE NO. 1709, AS AMENDED, AS DIVISION III OF TITLE 3 (CHAPTER 3.100) OF THE PALM SPRINGS MUNICIPAL CODE. City Attorney's Summary In 2007 the City Council adopted an uncodified ordinance, Ordinance No. 1709, establishing the Palm Springs Business Improvement District ("BID') and authorizing the levy of assessments as provided in a specific assessment schedule. This Ordinance amends provisions of Ordinance No. 1709 by creating a new assessment schedule and a new advisory board to the City Council in the administration of the BID. This Ordinance also codifies Ordinance No. 1709 as Division III of Title 3 (Chapter 3.100) of the Palm Springs Municipal Code. THIS ORDINANCE WAS INTRODUCED ON MAY 19, 2010, BY THE FOLLOWING VOTE OF THE CITY COUNCIL: AYES: Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Hutcheson. NOES: Mayor Pougnet. ABSENT: Councilmember Foat. THIS WAS PRESENTED TO THE CITY COUNCIL FOR ADOPTION ON JUNE 19, 2010; HOWEVER, NO ACTION WAS TAKEN. Ordinance No. 1774 Page 2 THIS ORDINANCE WAS NOT ADOPTED THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Division III of Title 3 is added to the Palm Springs Municipal Code to read: Division III Business Improvement Districts and Other Assessments Chapter 3.100 PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT 3.100.010 Purpose. This Chapter is intended to provide an alternative method of funding improvements and promotion activities which will benefit directly or indirectly businesses within the downtown and uptown business areas of the City consistent with and pursuant to the Parking and Business Improvement Area Law of 1989 (Division 18, Part 6 of the California Streets and Highways Code, commencing with Section 36500), as may be amended from time to time. 3.100.020 Definitions. The following words, terms and phrases when used in this Chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: "Advisory Board" or "Board" means the Palm Springs Business Improvement District advisory Board as established pursuant to Section 3.100.050 of this Chapter. "Business License Tax" means the total annual amount of business license taxes a business is required to pay the City pursuant to Division II of Title 3 of this Code. "District" means the Palm Springs Business Improvement District. "1989 Law" means the Parking and Business Improvement Area Law of 1989 (Division 18, Part 6 of the California Streets and Highways Code, commencing with Section 36500), as may be amended from time to time. "Precinct" or "Precincts" means a sub area or areas of the District. Ordinance No. 1774 Page 3 RDINANCE WAS NOT ADOPTED THIS O 3.100.030 Boundaries of the District and Precincts. (a) The boundaries of the District are shown on the map of the District on file in the Office of the City Clerk and generally described as: Palm Canyon Drive, north of Ramon Road to Tachevah Drive; Indian Avenue, north of Ramon Road to Alejo Road; Belardo Road; Museum Drive, and all side streets including north/south and east/west sides of the streets within such general area. (b) The boundaries of each Precinct are shown on the map of the District on file in the Office of the City Clerk and as generally includes the following streets: Precinct 1 — North Palm Canyon Drive, Alejo Road north to Tachevah Drive, and related side streets. Precinct 2 — North Palm Canyon, Alejo Road south to Tahquitz Canyon Way, and related side streets. Precinct 3 — South Palm Canyon, from Tahquitz Canyon Way south to Ramon Road; Belardo and Museum Way from Alejo south to Ramon Road; and related side streets. Precinct 4 — Indian Canyon, Alejo Road south to Ramon Road, and related side streets. 3.100.040 Annual Assessments. (a) Each business within the District and located in whole or in part on the ground floor of any building or structure shall pay an annual assessment equal to two times (2 X) the amount of the Business License Tax. (b) Each business within the District and located entirely on any floor other than the ground floor shall pay an annual assessment equal to the amount of the Business License Tax. (c) The maximum annual assessment payable under the provisions of this Chapter shall be One Thousand Dollars ($500.00). 3.100.060 Advisory Board. (a) Creation. There is created within the District the Palm Springs Business Improvement District Advisory Board, consisting of seven members, appointed by the City Council, to serve at the pleasure of the City Council. All members shall own or be employed by businesses within the District. At least one member shall own or be employed by a Ordinance No. 1774 Page 4 THIS ORDINANCE WAS NOT ADOPTED business in each of the four Precincts. Notwithstanding the provisions of Chapter 2.06 of this Code, the members of the Advisory Board are not required to be bona fide residents and voters of the City. (b) Term—Vacancies. Members of the Advisory Board shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of the Palm Springs Municipal Code, as amended from time to time; provided, however, that the seven members initially appointed shall serve staggered terms, as determined by the City Clerk, drawn by lot at the first meeting of the Advisory Board following the appointment of the seven members. (c) Powers and Duties of the Board. The Board shall make recommendations to the City Council on (1) the expenditure of revenues derived from the levy of assessments pursuant to this Chapter, (2) the classification of businesses, (3) boundaries of the District and/or Precincts, (4) the method and basis of levying the assessment, and (5) shall prepare and/or cause to be prepared the Annual Report pursuant to Section 36533 of the California Streets and Highways Code. 3.100.060 Protest Hearings and Canvass of Businesses The provisions of the 1989 Law shall be followed in the administration of this Chapter and in the conduct of protest hearings and proceedings. In furtherance of such proceedings, the City Manager shall include in any notice required under the 1989 Law a ballot that includes an opportunity for each business to vote "yes" (in support of a proposal) and "no" (against a proposal). A majority of the votes cast shall not be required; the protest provisions of the 1989 Law shall govern the determination of whether a protest exists on each proposal. The City Council may nevertheless consider the results of any or all ballots cast in any of its deliberations and actions under this Chapter. SECTION 2. The provisions of Ordinance No. 1709 and Ordinance No. 1770 are hereby superseded and shall no longer be in force or effect upon the effective date of this Ordinance. SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1774 Page 5 THIS ORDINANCE WAS NOT ADOPTED PASSED, APPROVED, AND ADOPTED THIS DAY OF JUNE, 2010. THIS ORDINANCE WAS INTRODUCED ON MAY 19, 2010, BY THE FOLLOWING VOTE OF THE CITY COUNCIL: AYES: Councilmember Mills, Councilmember Weigel, and Mayor Pro Tem Hutcheson. NOES: Mayor Pougnet. ABSENT: Councilmember Foat. THIS WAS PRESENTED TO THE CITY COUNCIL FOR ADOPTION ON JUNE 19, 2010; HOWEVER, NO ACTION WAS TAKEN. mes Thompson, City Clerk City of Palm Springs, California