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Home My WebLink About5/5/2010 - STAFF REPORTS - 2.H. CITY COUNCIL STAFF REPORT DATE: MAY 5, 2010 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1772, AMENDING SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY The City Council will consider the adoption of Ordinance No. 1772 amending the existing hotel incentive program by adding boutique hotels as hotels covered by the City's Hotel Operations Incentive Program under specific terms and conditions. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1772, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM." STAFF ANALYSIS: At its April 21, 2010, meeting proposed Ordinance No. 1772 was introduced by the following vote: AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet NOES: None ABSENT: Councilmember Foat I�Cnn girl.. r�'- City Council Staff Report May 5, 2010--Page 2 Proposed Ordinance No. 1772 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. MES THOMPSON, City Clerk DAVID H- READY, ger Attachment: Proposed Ordinance No. 1772 Q 2- PROPOSED ORDINANCE NO. 1772 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM. City Attorney's Summary This Ordinance amends the existing hotel incentive program by adding boutique hotels as hotels covered by the City's Hotel Operations Incentive Program under specific terms and conditions. The City Council of the City of Palm Springs ordains: Section 1. Section 5.26.020 is amended by amending the definition for "Hotel" and adding new definitions for the terms "Boutique Hotel" and "Qualified Boutique Hotel Renovation Program" as follows: "Boutique Hotel" means any property containing at least four(4) guest rooms and no more than forty-nine (49) guest rooms for compensation and where the guest rooms are designed and intended as transient occupancy accommodations. "Hotel" means any property containing fifty (50) or more guest rooms used by fifty (50) or more guests for compensation and where the guest rooms are designed and intended as transient occupancy accommodations. "Qualified Boutique Hotel Renovation Program" means a property improvement program undertaken by a Boutique Hotel which invests no less than ten thousand dollars ($10,000.00) per room, or invests no less than five hundred thousand dollars ($500,000.00) in ancillary non-hotel room facilities and/or space. The property improvement program shall be comprehensively executed in a single renovation project on the property, commenced on or after January 1, 2008 and be completed no later than December 31, 2012, Section 2. Subsection (d) is added to Section 5.26.030 of the Palm Springs Municipal Code to read: (d) To qualify for the Hotel Operations Incentive Program for Boutique Hotels, the Operator shall: (1) Complete and submit to the City Manager, the City's application for the Hotel Operations Incentive Program, including documentation satisfactory to the city certifying the renovation project for an existing hotel as a qualified renovation program; (2) If requested by the City Manager, subscribe to the Palm Springs Convention Center's committable rooms program; 03 Ordinance Page 2 (3) Execute the operating covenants which shall include provisions regarding continuing use, maintenance, non-discrimination, and such other provisions as the city council in its sole discretion, may reasonably determine are necessary or appropriate to preserve the goals and intent of this Chapter. Section 3. Subsection (e) is added to Section 5.26.040 of the Palm Springs Municipal Code: (e) Boutique Hotels. The City shall pay to an Operator of a Boutique Hotel an amount equal to fifty percent (50%) of the Transient Occupancy Tax Increment collected and remitted to the City pursuant to Chapter 3.24 of this Code. Such payments shall be made for ten (10) years, or until the Operator has received Twelve Million, Five Hundred Thousand Dollars ($12,500,000.00), whichever occurs first. Without regard to any preceding conditions of this Section, the Program shall terminate at any point the Boutique Hotel is not operated as a Hotel. Section 4. 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 upon adoption. APPROVED, PASSED, AND ADOPTED THIS DAY OF , 2010. ATTEST: Stephen P. Pougnet, Mayor 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, California, do hereby certify that Ordinance No. _ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the fallowing vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk 04 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a OFFICE OF THE CITY CLERK City Council Meeting Date: May 5, 2010 Subject: Ordinance No. 1772 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance No. 1772, adopted by the City Council on May 5, 2010, and a summary of said ordinance was published in the Desert Sun on May 19, 2010. 1 declare under penalty of perjury that the foregoing is true and correct. IL s--) Kathie Hart, CMG Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of Ordinance No. 1772, and ordinance summary was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on May 17, 2010. I declare under penalty of perjury that the foregoing is true and correct. l( 1 Meu�� Kathie Hart, CMC Chief Deputy City Clerk The desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760.778.45781 Fax 760-778-4731 State Of Callfornia ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922832 2000205860 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) No 2103 in each and entire Issue of said newspaper and not in any CITY OF PALM SPRINGS supplement thereof on the following dates,to wit: ORDINANCE NO.1772 AN ORDINANCE OF THE CITY OF PALM Newspaper: .The Desert Sun SPRINGS CALIFORNIA, AMENDING SEC• TIONS S.�g.OSO OF,ADDING SUBSECTION d) TO SECTIONS 28 030 OF AND ADDING Su- t SECTION E TO SECTION 6,24,040 OF, THE PALM SIF I�GS MUNICIPAL CODE, ADDING 6/}9/207.0 J THE CITY'SHHOTEL OPERATIONS (INCENTIVE PROGRAM. r City Ammay's Summery two Ordlnan b amends the Bxe holp homl Incas• live program by add', ot.1 pe hotels as eotala r covered by the City'ipwr 1{olel am CondE.lncentiva I Program under epecl(c lemre antl Cgndihone. r I acknowledge that I am a principal clerk of the printer of CERTIFICATION The Desert Sun, printed and published weekly in the City STATE OF CALIFORNIA !)t of Palm Springs, County of R'VerSide, State Of California, CITY T OF RIVERSIDE 1 as The Desert Sun was adjudicated a newspaper of general I CITY THOMP,SON,CIIy Clerk of Ise City of INGS circulation on March 24, 19886y the Superior Court of the Balm springs Camomia,dohereoycerefy that Or- COunty of Riverside, State of California Case No. dinanca No. {772 is a full,true and correct copy. and Was introduced sl a regular ni gof Iha 191236. Palm gpd�gs OAp Cauncll on A fit 21 2 10 and edooted al a reular marlingp al h M May 5, 10,Yf4haPollowing Yo1ei ncil I declare under penalty of perjury that the foregoing is true AYES:. Councilmemher Feat Mlle Wslpel, Me r Pin Tom Hutcheson,and Dayor�ougU and correct. Executed on this 19th day of May, 20101n fWS; None ABSENT: None Palm Springs,California. ABSTAIN: NON arose 1pson, ty lark- crly of palm Sprir;,CalRamia ---• .. Puellahad:Sf19/1a Declarant [�7 1 �� Page 1 of 1 Kathie Hart From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: May 14, 2010 9:58 AM To: Kathie Hart Subject: RE: Oridnance Summary - Ord 1772 Ad received and will publish on wed Charlene Moeller Public Notice Customer Service Rep. The Desert Sun Newspaper 750 N. Gene Autry Trail, Palm Springs, CA 92262 (760) 778-4578, Fax(760) 778-4731 Desert Sun !egats@thedesertsun_com & Desert Post Weekly dpwlegals@thedesertsun•com The CuaGhella Valley's#1 Source in News&Advertising!visit us at mydesert.com NOTE: Starting on March 29th, there will be a $10 affidavit processing fee added to the cost of each Public Notice From: Kathie Hart [mailto:Kathie.Hart@palmsprings-ca.gov] Sent: Thursday, May 13, 2010 6:04 PM To: Moeller, Charlene Cc: Jay Thompson Subject: Oridnance Summary - Ord 1772 Charlene: Would it be possible to publish this next week on Sunday, May 16, 2010? If not - then Wed„ May 19, 2010, will be ok. Please advise. Thx! 'e Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 (760) 323-8206 a (760) 322-8332 `( Kathie.Hart@PalmSpringsCA.gov Please note that City Hall is open 8 a.m, to 6 p.m. Monday through Thursday,and closed on Fridays at this time. 05/17/10 CITY OF PALM SPRINGS ORDINANCE NO. 1772 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM. City Attome 's Summer This Ordinance amends the existing hotel incentive program by adding boutique hotels as hotels covered by the City's Hotel Operations Incentive Program under specific terms and conditions. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1772 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on April 21, 2010, and adopted at a regular meeting of the City Council held on May 5, 2010, by the following vote: AYES: Councilmember Foat, Mills, Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None Imes hompson, City Clerk City of Palm Springs, California ORDINANCE NO. 1772 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM. City Attorney's Summary This Ordinance amends the existing hotel incentive program by adding boutique hotels as hotels covered by the City's Hotel Operations Incentive Program under specific terms and conditions. The City Council of the City of Palm Springs ordains: Section 1. Section 5.26.020 is amended by amending the definition for "Hotel" and adding new definitions for the terms "Boutique Hotel and "Qualified Boutique Hotel Renovation Program" as follows: "Boutique Hotel" means any property containing at least four (4) guest roams and no more than forty-nine (49) guest rooms for compensation and where the guest rooms are designed and intended as transient occupancy accommodations. "Hotel" means any property containing fifty (50) or more guest rooms used by fifty (50) or more guests for compensation and where the guest rooms are designed and intended as transient occupancy accommodations. "Qualified Boutique Hotel Renovation Program" means a property improvement program undertaken by a Boutique Hotel which invests no less than ten thousand dollars ($10,000.00) per room, or invests no less than five hundred thousand dollars ($500,000.00) in ancillary non-hotel room facilities and/or space. The property improvement program shall be comprehensively executed in a single renovation project on the property, commenced on or after January 1, 2008 and be completed no later than December31, 2012. Section 2. Subsection (d) is added to Section 5.26.030 of the Palm Springs Municipal Code to read: (d) To qualify for the Hotel Operations Incentive Program for Boutique Hotels, the Operator shall: (1) Complete and submit to the City Manager, the City's application for the Hotel Operations Incentive Program, including documentation satisfactory to the city certifying the renovation project for an existing hotel as a qualified renovation program; (2) If requested by the City Manager, subscribe to the Palm Springs Convention Center's committable rooms program;