HomeMy WebLinkAbout5/5/2010 - STAFF REPORTS - 2.F. CITY OF PALM SPRINGS, CALIFORNIA
CITY CLERKS DEPARTMENT
(a
MEMORANDUM
TO: Mayor and Members of th 'ty Council
FROM: James Thompson, City
SUBJECT: Palm Springs Business Imp o ment District (BID)
Additional Materials Item 2. .
DATE: May 5, 2010
Attached is the draft ordinance for the Palm Springs Business Improvement District as
prepared by the City Attorney. While the ordinance itself is not on the Agenda for
introduction at this meeting, the ordinance does provide context for the Resolution of
Intent and the preparation of the YES/NO ballot as directed by the City Council.
The City Council directed staff to prepare a YES/NO ballot with respect to the levy of
assessments for the district, along with developing a process for the tabulation that will
be consistent with State law.
The purpose of the YES/NO ballot is as follows:
1. Any business filing a qualified "NO" ballot will be counted as a protest to
the district pursuant to law. A business filing a qualified "YES" ballot has indicated their
preference in support of the district.
2. Staff will tabulate the number YES/NO ballots submitted. This information
will provide the City Council the opportunity to evaluate broad based support of the levy
of assessments and the district.
3. Additionally, any "NO" ballots and any other qualified written protests will
also be calculated on the basis of assessment for the City Council to make the
determination as to a 50% protest as required by and consistent with State law.
At the public meeting (scheduled for May 19, 2010), the City Council will consider
introduction and first reading of the ordinance. At the public hearing (scheduled for
June 2, 2010) the City Council will consider the adoption of the Ordinance after
conducting the protest proceedings as required by law.
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ORDINANCE NO.
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 Ill of Title 3 (Chapter 3.100)
of the Palm Springs Municipal Code.
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.
Ordinance No.
Page 2
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.
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.
Ordinance No.
Page 3
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 ($1,000.00).
3.100.050 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
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
Ordinance No.
Page 4
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.
PASSED, APPROVED, AND ADOPTED THIS 2ND DAY OF JUNE, 2010,
STEPHEN P. POUGNET, MAYOR
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, California, do hereby
certify that Ordinance No. 1770 is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 19t' day of May, 2010 and was
adopted at a regular meeting held thereof on the 2"d day of June, 2010, by the following
vote:
AYES:
NOES:
ABSENT;
ABSTAIN.
James Thompson, City Clerk
City of Palm Springs, California
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CITY COUNCIL STAFF REPORT
DATE: MAY 5, 2010 CONSENT CALENDAR
SUBJECT: NOTICE OF INTENT TO MODIFY THE BASIS AND METHOD OF
LEVYING ASSESSMENTS AND THE RENEWAL OF THE PALM
SPRINGS BUSINESS IMPROVEMENT DISTRICT AND THE LEVY OF
THE FISCAL YEAR 2010-11 ASSESSMENTS AND SETTING THE
PUBLIC HEARING FOR JUNE 2, 2010,
FROM: David H. Ready, City Manager
BY: James Thompson, City Clerk
SUMMARY
The City Council will consider the adoption of a Resolution of Intent to modify the basis
and the method of levying assessments and the levy of Fiscal Year 2010-11
assessments for the Palm Springs Business Improvement District (BID), a special
benefit district that affects businesses generally located in the Downtown and Uptown
areas. The adoption of a Resolution of Intent is the first step, pursuant to State Law, to
modify and renew the assessments for the upcoming year.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY
THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND TO RENEW THE
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT TO PROVIDE
PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS OF PALM
SPRINGS AND SETTING A PUBLIC HEARING FOR THE ADOPTION OF AN
ORDINANCE AND AUTHORIZING THE LEVY OF ASSESSMENTS."
STAFF ANALYSIS:
On June 17, 2009, the City Council held a public hearing in accordance with the Parking
and Business Improvement Area Law of 1989 [Cal. Streets and Highways Code,
commencing with Section 36500], for the annual renewal of the Palm Springs Business
Improvement District for Fiscal Year 2009-10. Based on the protest proceedings and
testimony from business owners located within the boundaries of the BID, the City
ITEM NO. r .
City Council Staff Report
May 5, 2010 -- Page 2
BID Notice of Intent
Council suspended the collection of assessments for Fiscal Year 2009-10, and directed
City Staff to work with the BID and downtown and uptown business owners to consider
the restructuring of the BID.
On January 20, 2010, and February 17, 2010, the City Council evaluated the input from
the Business Improvement District Advisory Board, stakeholder meeting materials and
comments, and directed staff to prepare an Ordinance restructuring the BID Advisory
Board and to modify the basis and method of levying assessments.
On April 7, 2010, the City Council adopted Ordinance No. 1770 relating to the
establishment of an Advisory Board to the City Council in the Administration of the Palm
Springs Business Improvement District. City Staff is currently in the recruitment process
for the City Council to appoint the Advisory Board.
The first step in the process of modifying the basis and the method of levying
assessments and the levy of Fiscal Year 2010-11 assessments, is the City Council
adoption of a Resolution of Intent.
The Resolution of Intent sets the requisite public meeting on May 19, 2010, and the
public hearing for June 2, 2010; and provides for the noticing of the public meeting and
public hearing pursuant to the Parking and Business Improvement Area Law of 1989.
The notice shall be provided to each and every business within the boundaries of the
District required to pay the assessment, as contained in the official records of the City's
Business License Tax system as of May 5, 2010.
Additionally, the Resolution of Intent proposes the assessments as follows, as
discussed by the City Council on February 17, 2010:
-Cate
2)) timeses the annual bu ineessecense taxEpu sul o anh e
Two Division II of Title 3 of
the
Palm Springs Municipal Code, up to $1 ,000 maximum annual assessment
Category B — Second Floor or above Businesses and Establishments
One (1) times the annual business license tax pursuant to Division II of Title 3 of the
Palm Springs Municipal Code, up to $1,000 maximum annual assessment.
The calculation of BID assessments is only on the amount a business pays for annual
business license tax and not any other fees for a regulatory business license. For
example, if a business in the District pays the City $166 for the annual business license
tax, and an additional $266 fee for a regulatory license [such as a second hand dealer
license], the BID assessment is calculated by multiplying the applicable factor by only
the $166 paid for the annual business license tax.
02
City Council Staff Report
May 5, 2010 -- Page 3
BID Notice of Intent
And finally, the Resolution of Intent outlines the noticing and protest proceedings as
required by the Parking and Business Improvement Area Law of 1989. In addition, the
Resolution of Intent requires the City Clerk to prepare and furnish a YES/NO ballot on
the proposed levy of assessments as directed by the City Council. The YES/NO ballot
shall be provided to each and every business within the boundaries of the District
required to pay the assessment, as contained in the official records of the City's
Business License Tax system as of May 5, 2010. A sample of the proposed ballot is
attached to this report for City Council review and consideration and public input.
The City Council took no action on modifying the boundaries of the BID, and has
requested the new Advisory Board review the boundaries and make recommendations
to the City Council.
The City Attorney is preparing an Ordinance for consideration by the City Council and
public input for the public meeting and public hearing.
FISCAL IMPACT:
The Palm Springs Business Improvement District is a special purpose benefit
assessment district; as such, assessments shall only be used for the purpose of the
marketing and promotional activities within the District.
The estimated total amount of assessments to be collected pursuant to the modified
basis and assessment is approximately $93,000.
Additionally, the City Council has expressed interest in a one-time, one-year only,
contribution of $50,000, to be allocated and continued to Fiscal Year 2010-11 from the
City Council created Economic Recovery Plan funding. Discussion and the commitment
of the City one-time contribution should be a part of the Public Hearing process.
Additionally, the City does not charge the BID the cost of City staff and administration of
the BID; these costs are paid from the General Fund.
ames Thompson, City Clerk . David H. Ready, City
Attachments:
Proposed Resolution of Intent
Sample YES/NO Ballot
03
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
MODIFY THE BASIS AND METHOD OF LEVYING
ASSESSMENTS AND TO RENEW THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT TO PROVIDE
PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND
UPTOWN AREAS OF PALM SPRINGS AND SETTING A PUBLIC
HEARING FOR THE ADOPTION OF AN ORDINANCE AND
AUTHORIZING THE LEVY OF ASSESSMENTS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY FINDS AS
FOLLOWS:
A. The City of Palm Springs evaluated the merits of creating a Business
Improvement District in the Downtown and Uptown areas of Palm Springs, and
determined that a Business Improvement District would benefit the area to generate
revenue to develop a marketing program and promoting activities.
B. On February 21, 2007, the City Council adopted Ordinance No. 1709,
establishing 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 [Cal. Streets and Highways
Code, commencing with Section 36500].
C. The provisions of the Parking and Business Improvement Area Law of
1989 authorizes the City to impose assessments for the purpose of providing
improvements and promoting activities which benefit from such improvements and
activities.
D. The Palm Springs Business Improvement District and the concomitant
levy of assessment will promote the economic revitalization of the Downtown and
Uptown areas of the City, create jobs, attract new businesses, and help prevent the
erosion of these areas. In addition, the Palm Springs Business Improvement District
enhances and furthers the promotion of the City's scenic, recreational, cultural,
commercial, and other attractions as tourist destinations.
E. On July 15, 2009, the City Council adopted Resolution No. 22541, taking
no action on the levy of assessments for Fiscal Year 2009-10, and requested the Palm
Springs Business Improvement District Advisory Board and City Staff conduct
stakeholder meetings, review all aspects of the District, and recommend modifications
as necessitated.
F. On January 20, 2010, and February 17, 2010, the City Council evaluated
the input from the Business Improvement District Advisory Board, Stakeholder Meeting
Input Session materials and comments, and directed staff to prepare an Ordinance
modifying the Palm Springs Business Improvement District structure and assessments.
04
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
DECLARE, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. ANNUAL REPORT,
a. The City Council hereby modifies and amends the Palm Springs Business
Improvement District Report. The Report is modified and amended to include the
provisions of Section 3, Section 5, and Section 6 of this Resolution, and to append the
Report with the 2009-10 Year End Summary and Budget Forecast document.
b. The City Council hereby approves the Palm Springs Business District
Report as modified and amended by Section 1(a) of this Resolution.
SECTION 2. The City Council declares its intent to modify the basis and method
of levying assessments and to renew the Palm Springs Business Improvement District
for the Downtown and Uptown area of Palm Springs, pursuant to the Business
Improvement Area Law of 1989, and levy assessments for Fiscal Year 2010-11 which
will benefit the businesses located and operating within the area of the Business
Improvement District.
SECTION 3. The boundaries of the District shall be the areas described on the
map of the District on file in the Office of the City Clerk, [attached as Exhibit A] to this
Resolution, and shall include:
All businesses on Palm Canyon Drive, north of Ramon Road and south of
Tachevah Drive along the east and west sides of the street; Indian
Canyon Drive, north of Ramon Road and south of Alejo Road along the
east and west sides the street; Belardo Road, north of Ramon Road and
south of Alejo Road on the east and west sides of the street; Museum
Drive on the east and west sides of the street; Tahquitz Canyon Way west
of Indian Canyon Drive on the north and south sides of the street; Andreas
Plaza; and Amado Road, Arenas Road, La Plaza Way and Baristo Road
from Indian Canyon Drive west to Belardo Road.
SECTION 4. The City Council proposes to modify the basis and method of
levying assessments and adopt a schedule of assessments to be levied on the
businesses within the District for the purpose of funding, providing or promoting
activities which benefit businesses located and operating in the District, to the maximum
extent permitted under the Business Improvement Area Law of 1989.
SECTION 5. The proposed assessment shall be levied on each business
required to pay business license taxes and located within the area of the District. The
assessments are proposed to be paid, collected, and administered in accordance with
Division II of Title 3 of the Palm Springs Municipal Code.
05
Resolution No.
Page 3
SECTION 6. The amount of the assessment shall be in accordance with the
following table:
Category A— Ground Level Businesses and Establishments
Two (2) times the annual business license tax pursuant to Division II of Title 3 of
the Palm Springs Municipal Code, up to $1,000 maximum annual assessment.
Category B — Second Floor or above Businesses and Establishments
One (1) times the annual business license tax pursuant to Division II of Title 3 of
the Palm Springs Municipal Code, up to $1,000 maximum annual assessment.
New businesses shall not be exempt from the payment of any applicable
assessment.
SECTION 7. PUBLIC MEETING AND PUBLIC HEARING.
a. The City Council does hereby give notice that on May 19, 2010, at 6:00
p.m., or as soon thereafter as practicable, at a regular meeting of the City Council of the
City of Palm Springs, a public meeting will be held on the question of modifying the
basis and method of levying assessments of the Palm Springs Business Improvement
District and the levy of the Fiscal Year 2010-11 proposed assessments. The meeting
shall be held at City Hall, Council Chamber, 3200 E. Tahquitz Canyon Way, Palm
Springs, California.
b. The City Council does hereby give notice that on June 2, 2010, at 6:00
p.m., or as soon thereafter as practicable, at a regular meeting of the City Council of the
City of Palm Springs, a public hearing will be held on the question of modifying the basis
and method of levying assessments of the Palm Springs Business Improvement District
and the levy of the Fiscal Year 2010-11 proposed assessments. The meeting shall be
held at City Hall, Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
C. The City Clerk of the City of Palm Springs is hereby directed to give notice
of said public meeting and public hearing in accordance with Section 36523 and Section
36523.5 of the Cal. Streets and Highways Code, to each and every business within the
boundaries of the District required to pay the assessment, as contained in the official
records of the City's Business License Tax system as of May 5, 2010.
d. Furthermore, in addition to the noticing requirements in accordance with
Section 36523 and Section 36523.5 of the Cal. Streets and Highways Code, the City
Clerk is directed to prepare and provide a YES/NO ballot containing the question of the
levy of the Fiscal Year 2010-11 assessments, to each and every business within the
boundaries of the District required to pay the assessment, as contained in the official
records of the City's Business License Tax system as of May 5, 2010,
- 06
Resolution No.
Page 4
SECTION 8. PROTEST PROCEEDINGS.
a. At the public hearing, the City Council shall hear and consider all protests
against the basis and method of levying assessments, the renewing of the District, the
extent of the area of the District, or the furnishing of specified types of improvements or
activities within the District. A protest may be made orally or in writing by any interested
person.
b. Every written protest shall be filed with the City Clerk at or before the time
fixed for the public hearing. The City Council may waive any irregularity in the form or
content of any written protest and at the public hearing may correct minor defects in the
proceedings. A written protest may be withdrawn in writing at any time before the
conclusion of the public hearing.
c. 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 of the business. A written protest which does not
comply with this section shall not be counted in determining a majority protest.
d. The City shall consider any ballot provided pursuant to Section 7(d) of this
Resolution, voted "NO" and executed by qualified parties and filed with the City Clerk to
be a written protest pursuant to Section 8(c) of this Resolution.
e. If written protests are. received from the owners of businesses in the
proposed District 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, no further proceedings to renew the specified parking and business
improvement district or to levy the proposed assessment, as contained in this resolution
of intention, shall be taken for a period of one year from the date of the finding of a
majority protest by the City Council.
f. 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.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF MAY, 2010.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
07
Resolution No.
Page 5
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 dul� adopted at a regular
meeting of the City Council of the City of Palm Springs on the 5t day of May 2010, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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Reserved Filing Stamp
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City of Palm Springs
Business Improvement District
Office of the City Clerk
3200 E. Tahquitz Canyon
Palm Springs, CA 92262
[insert field] Business Name
[insert field] Owner Name
[insert field] Mailing Address
[insert field] City, State Zip [insert field] ballot number
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
OFFICIAL PROTEST BALLOT
Shall the City modify the basis and the method of levying
assessments for the Palm Springs Business Improvement YES
District (BID) and enact the Fiscal Year 2010-11
Assessments on businesses within the boundaries of the
District to generate revenue to develop marketing programs
and marketing activities within the boundaries of the NO
District?
Based on the City's current business license records, under the modified levy of assessments, the City
estimates the annual Fiscal Year 2010-11 assessments to be $[insert amount field]for your business.
Under penalty of perjury, pursuant to the laws of the State of California, I declare that I am the owner
and/or corporate officer of the above named business and have the authority to cast this ballot pursuant
to City Council Resolution No.
Print Name Signature
To vote and cast your protest ballot please circle either "YES" or "NO" next to the question, print your
name and sign the ballot, and return in the postage paid envelop. The voted ballot MUST BE RECEIVED
(not postmarked) prior to the close of the public hearing June 5, 2010,
A "YES" vote indicates you are in support of the assessment. A "NO" vote is an official protest to the
Business Improvement District and the proposed assessment.
STATEMENT ON THE QUESTION
In 2007, the City established the Palm Springs Business Improvement District in the Downtown and Uptown
areas of Palm Springs and authorized the levy of assessments to provide marketing and promotional activities within
the District. The District is a special purpose benefit assessment district, and funds shall only bo used for the
purposes of the marketing and promotional activities within the District.
The City proposes to modify the basis and method of levying assessments and to levy assessments for
Fiscal Year 2010-11 as follows:
CategoryA—Ground Level Businesses and Establishments
Two (2)times the annual business license tax pursuant to Division II of Title 3 of the Palm Springs Municipal Code,
up to$1,000 maximum annual assessment.
Category B—Second Floor or above Businesses and Establishments
One (1) limes the annual business license tax pursuant to Division 11 of Title 3 of the Palm Springs Municipal Code,
up to$1,000 maximum annual assessment.
For additional information on the Palm Springs Business Improvement District and/or the ballot protest O
procoodings please see the enclosed City Council Resolution No.
BUSINESS IMPROVEMENT DISTRICT
0
MEE
2009/2010 YEAR END SUMMARY & BUDGET FORECAST
Prepared by: Tammy Perezthica, RPA
Consultant to City of Palm Springs Downtown Administration
Canyon COMMERCIAL Services, INC.
760.341.7270
2009/2010 Palm Springs BID Plan of-Work Page 7 of 3
Palm Springs Business Improvement District
In July 2009 the Palm Springs City Council suspended the assessment fee billing for the fiscal year of
2009/2010 and deemed any fees collected would be voluntary.
The plan of work and budget approved by the Business Improvement District Steering Committee
(BIDSC) and Main Street Association in April 2009 was modified to work with the rollover funds from
the prior year actual and revenues collected. The BIDSC worked from August through March on the
estimated revenue of $38,000 down from $135,000, The third quarter of 2010 reconciliation brought
the actual working fund to approximately $53,000.
The BIDSC reviewed the 2009/2010 approved priorities (outlined below) and focused the programs
implemented on advertising and continued branding of the Downtown for holiday, major events and
hotel/tourism.
2009/2010 Programming Priorities
• Continue to develop downtown brand message through media and public relations
• Continue to develop and support street level programs and events
• Convert sponsorships funds in 2008/2009 to new and focused event programming during
major events (Le. — Film Festival, Modernism, etc) driving event attendees into the District
• Increase advertising dollars supporting existing activities in the District
• Develop new creative message with a focus on pet friendly
• Continue to work with city to implement way finding signage
• Enhance aesthetics and downtown environment through active participation with City on
capitol improvement programs and streetscape improvement recommendations
• Invite participation and involvement in the Business Improvement District monthly meetings.
• Work with major attractions partners to cross populate customers and drive consumer
spending
2009/2010 Projects Completed
To improve downtowns brand and economic vitality the following programs were completed or started
in 2009/2010 program year.
• Distribution of 50,000 Directory Maps via web and Certified Folder contract
• Executed Worm Welcome Convention Center Greeter Program for 4 groups
• Developed and Executed Holiday advertising campaigns and promotions
• Developed on-air radio give away packages to capture live morning show audiences for
holidays, spring break, mother's day and memorial/father's day
• Advertising Campaigns during Film Festival, Modernism Week,West Fest& Spring Break
• Partnered with Power Baseball, Palm Springs Carriages,West Fest and Palm Springs Film
Festival to drive spending i.e. Spend $25.00 in Uptown/Downtown and receive 2 free tickets
• Developed and launched 5 minute video clip for distribution through PSTV- KCET
• Place ads in Inland Empire Press Enterprise to increase day trippers to downtown for holidays
and Feb-Mar
• Continued BID information links through Main Street and city web-sites
Palm Springs BID Plan of Work Pagc 2 ur 3
1.2_
Palm Springs Business Improvement District
PALM SPRINGS BUSINESS IMPROVEMENT
DISTRICT YEAREND FORECAST 2009/2010 as of
4/2010
Income $27,000
Rollover 08/09 $26,000
"Directory Distribution $7,000
Creative $500
Holiday Shopping $600
Palm Springs Carriages $1 ,100
""Directory/Map $15,000
West Fest $2,000
i
*"Newspaper/Weekly's $12,000
Travel Host $2,000
**Radio $6,200
Television $3,000
._. �
TOTAL Variance Income - Expense (Anticipated to $3,600
Rollover to 2010/2011 Fiscal Year) _
Portion of these funds anticipated to be spend in 4th quarter
Palm Springs BID Plan of Work Page 3 of 3 13
BUSINESS IMPROVEMENT DISTRICT
0
a
a
2009 2010 BUDGET & PLAN of WORK
Approved By BIDSC and Main Street Association 4/21/2009
Prepared by: Tammy Perezchica, RPA
Consultant to City of Palm Springs Downtown Administration
Canyon COMMERCIAL Services, INC.
74-040 Highway 111,suite JJ-3
Palm Desert,CA 92260
760,341.7270
2009/2010 Palm Springs BID Plan of Work Page 1 of 8 14
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
TABLE OF CONTENTS
INDEX CONTENT PAGE
Mission Statement 3
Vision Statement 3
BID Structure and facts 3
2008/2009 Projects 4
2009/2010 Program Priorities S
Prior Year 2008/2009 and Current Year Budget 6-8
Palm Springs BID Plan of Work Page 2 of 8 15
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
Main Street Mission Statement
To provide a cohesive consensus building partnership of downtown and uptown
stakeholders in order to implement specific programs and projects which will help
strengthen the economic base and physical condition of the historic village of Palm Springs
in a timely and efficient manner.
Vision Statement
The vision continues to prioritize creation if inviting, inclusive experience that awakens
locals interests and brings more visitors encouraging a longer stay. Downtown Palm Springs
is the event. Walk-able, eclectic and charming, Downtown Palm Springs is a blend of
diversified lifestyles, interests and activities. Guests are drawn to the dining and shopping
through the attractive history and heritage which is coupled with the many attractions that
sit at the door to the District. Guests are captivated by the richness in veteran business
owners, caf6s run by the chef/maitre d and server....often all in one person. This appealing
sense of"community" with its rich architectural detail and unusual village vibe delivers a
day or evening of magic and defines the fabric of who we are NOW and how we'll continue
to grow the "Palm Springs Vibe."
With the median age of desert residents consistently lowering each year, and the influx of
sun-loving visitors from Europe, the evening and summer traffic has significantly increased.
Enjoyment of the "summer nights" and the cafe/courtyard environments which make Palm
Springs unique continues to be a differentiation amongst competitors. Downtown Palm
Springs remains the valley's only "true" Downtown. Remaining loyal to this truth is key in
the vision.
Downtown offers shoppers a selection of retail unique to the market. The home goods and
gifting categories are the strongest. Additionally, Downtown provides shoppers ample
dining options from the casual to sophisticated, from breakfast to late-night happy hours...
all within walking distance to attractions and sites to see. Outdoor adventure beckons from
several back door corridors.
Organizational Structure and Facts
• As stated in the By-laws of the BID "the purpose of the BID" is to develop a
sustainable marketing and promotion program to increase the economic
vitality of the downtown and uptown areas of the City of Palm Springs."
• Council approved the BID Ordinance in February 2007, fee collection started
7/2007
• Main Street Association appoints BID committee members and reviews all
recommendations before review by City Council.
• Marketing Steering Committee formed in June and began meeting July, 2007
Palm Springs BID Plan of Work Page 3 of 8 16
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
2008 2009 Projects Completed
To improve downtowns brand and economic vitality the following programs were
completed or started in 2008/2009 program year.
• Created district wide castle banner program
• Developed and executed Warm Welcome Convention Center Program
• Launched advertising in Palm Springs Life,Travel Host, Desert Guide, Desert Sun
• Distribution of Directory Map throughout Valley
• Executed Warm Welcome Convention Center Greeter Program for 6 groups
• Advertising in Film Fest, Modernism and Concourse d'Elegance programs and
Sponsorship of Restaurant Week
• Develop weekly Saturday Stroll Entertainment to enhance downtown walking
experience through street level music and entertainment
• Work with merchant groups to advertise "First Fridays" Home Decor Walk and
Green Friday's
• Developing improvements to village Fest that will benefit merchant revenues on
Thursdays
• Produced and executed first ever Holiday program including free holiday gift
wrapping, Festival of Lights promotion, children's story time and Holiday Banner
display
• Developed Radio Campaign for December through April
• Partnerships were developed with Public Library for cooking classes Dec-April and
Power Baseball Feb—July
• Sponsored Main Street Directory
• Place ads in Inland Empire Press Enterprise to increase day trippers to downtown
Mar-Apr
• Show me Palm Springs Expo
• Distribution of 100, 000 directories via web and Coachella Valley insertion in the
Desert Sun
• Expanded BID information links through Main Street and city web-sites.
Palm Springs BID Plan of Work Page 4 of 8 17
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
2009/2010 Programming Priorities
• Continue to develop downtown brand message through media and public relations
• Continue to develop and support street level programs and events
• Convert sponsorships funds in 2008/2009 to new and focused event programming
during major events (i.e.— Film Festival, Modernism, etc) driving event attendees
into the District
• Increase advertising dollars supporting existing activities in the District
• Develop new creative message with a focus on pet friendly
• Continue to work with city to implement way finding signage
• Enhance aesthetics and downtown environment through active participation with
City on capital improvement programs and streetscape improvement
recommendations
• Invite participation and involvement in the Business Improvement District monthly
meetings.
• Work with major attractions partners to cross populate customers and drive
consumer spending
Palm Springs BID Plan of Work Page 5 of 8
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
Palm Springs Business Improvement District
Yellow areas indicate change in funding or programming from prior years.
2009/202.0
Income $105,000 $120,000
Rollover 07108 $60,000
Rollover og/zo $i5,000
$1.35,000
California Downtown Association $21500 $21500
$21500
Misc. Memberships $zoo $200
$200
Collateral/promotional items $7,600 $7,600
Directory Mailings $boo $600
$81200
Illb I � fll A
'1"A1 }u IJ:Wee.x .� Ed WIN�.0 d . ]
Directory Distribution $4,320 $4,320
Creative $21800 $2,800
Palm Springs BID Plan of Work Page 6 of 8
119
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
2008/2009 2009/2010
Web Site/Management $18,000
$6,120
Ms. .
Holiday Banners $2,500 $2,500
Spring Break $2,500
Modernism Fashion Event $o $2,500
Film Festival Downtown Screenings $0 $50000
Pet Friendly Campaign $o $2,500
First Friday/Green Friday $o $7,500
Parade Promo's $2,500
Convention Center - Warm Welcome $600 $600
$xo,600
Entertainment $31400 $24,000
Holiday Shopping $2,500 $2,500
$a6,5oo
rMi.Y,y�.�:5.'7 1 'J X 1 'Y
Ie 11
v 1,0 o.p i t t d i.
Bike Weekend $5,000
Carnival $2,000
Restaurant Week $3,500 $1500
Film Festival $11000
Modernism $i,000
$3r500
��rMw�p,. 14„ r. 'c � p .7
f? FY v nIA.:. � �.
Newspaper/Weekly's $17,600 $201000
Palm Springs BID Piaui of Work Page 7 of 8 20
PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT
2oo8/2009 2009/2010
Desert Guide $g,675 $10,500
Travel Host $7,785 $71785
Radio $4,000 $7,500
Out of Market $D $120500
Television $0 $0
$58,285
Banner program $20,000
$o
Creative Design $5,000
$o
$0 $o
TOTALExpense
• $91095
Palin Springs BID Plan of Work Page 8 of 8 21