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Home My WebLink About22238 - RESOLUTIONS - 6/4/2008 RESOLUTION NO- 22238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO RENEW THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT TO PROVIDE BUSINESS PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND SETTING A PUBLIC HEARING DATE FOR THE ADOPTION OF THE 2008-09 BUDGET AND PROGRAM AUTHORIZING THE LEVY OF ASSESSMENTS. The City Council of the City of Palm Springs finds: A. The Main Street Business Association and the City determined that a Business Improvement District would benefit the area to generate revenue for Main Street to develop a specific marketing program. B. On February 21, 2007 the City of Palm Springs adopted Ordinance No.1709, establishing the Palm Springs Business Improvement District. C. The provisions of the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code (Part 6 of Division 18 of the California Streets and Highways Code, commencing with Section 36500) (the "Law") authorizes the City to impose assessments for the purpose of providing improvements and promoting activities which benefit from such improvements and activities. D. The establishment of a business improvement district and the concomitant levy of assessments 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 establishment of the business improvement district enhances and furthers the promotion of the City's scenic, recreational, cultural, commercial, and other attractions as tourist destinations. The City Council of the City of Palm Springs resolves: SECTION 1. The City Council declares its intention to renew the Palm Springs Business Improvement District pursuant to the Law and levy assessments for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the area of the Business Improvement District for the 2008-09 Fiscal Year. SECTION 2. 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 and shall include: Resolution No, 22238 Page 2 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 3. The City Council proposes to adopt the schedule of assessments described below, which are the same as applied during the 2007-08 fiscal year, 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 Law. The amount of the assessments shall be in accordance with the following table: Category A —Retail 500 sq.ft. or less $250 501 sq.ft. - 1,000 sq.ft. $300 1,001 sq.ft. - 1,500 sq.ft. $350 1,501 sq.ft. - 2,000 sq.ft. $400 2,000 sq.ft. and over $500 Category B-1— Office/Service Category B-2 Office/Service Ground Level 2"d or higher floor level 500 sq.ft. or less $200 $150 501 sq.ft. - 1,000 sq.ft. $250 $200 1,001 sq.ft. - 1,500 sq.ft. $300 $250 1,501 sq.ft. - 2,000 sq.ft_ $400 $300 2,000 sq.ft. and over $500 $400 Category C — Restaurants, Bars and Clubs 1 - 25 seats $300 26 - 50 seats $350 51 - 75 seats $400 76 - 100 seats $450 101 seats and over $500 Category D - Theaters 1 -100 seats $250 Over 100 seats $500 Resolution No. 22238 Page 3 Category E — Motels 1 — 25 rooms $350 26 -- 50 rooms $400 Over 50 rooms $500 New businesses shall not be exempt from the payment of any applicable assessment. SECTION 4. That the proposed assessments 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 the manner business license taxes are paid, collected, and administered in accordance with Division II of Title 3 of the Palm Springs Municipal Code. SECTION 5. That the City Council does hereby give notice that on June 18, 2008 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 renewing of said Business improvement District, reviewing the 2007-08 activities; and approving the 2008-2009 Budget and Program. The City Clerk of Palm Springs is herby directed to give notice of said hearing in accordance with Sections 36534(b) of the Law. SECTION 6. (a) At the public hearing, the City Council shall hear and consider all protests against 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. 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. (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) 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 Resolution No. 22238 Page 4 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. ADOPTED THIS 4"' day of June 4, 2008 David H. Ready, ity Manager ATTEST: {games 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. 22238 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 0 day of June 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. ABSTAIN: None. mes Thompson, City Clerk C)10/ps /zQob / ,City of Palm Springs, California f