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HomeMy WebLinkAbout6/4/2008 - STAFF REPORTS - 2.F. Resolution No. Page 3 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 Section Ca�1��Cr>=D 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 deflect 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 A written protest may be withdrawn in writing at any time before the conclusion of the public hearing- (c) Each written protest shall contain a description of the business in which the person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 specked 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. O fo�b��,ZDf3� 'PRAM so �Z V N w s # CoaWURvj4 i r94 FOIL CITY COUNCIL STAFF REPORT DATE: June 4, 2008 CONSENT CALAENDAR SUBJECT: ANNUAL RENEWAL OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY The City Council will consider renewing the Palm Springs Business Improvement District (BID) for the 2008-09 fiscal year. This "special benefit assessment district" only affects businesses located in a specific geographic area. The assessment fees range from $150 to $500 depending on the type and size of the business. The assessment fees are collected annually through the business license application process. RECOMMENDATION: Adopt Resolution of Intent No. , "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." STAFF ANALYSIS: On February 21, 2007 the City Council adopted Ordinance 1709 establishing the Palm Springs Business Improvement District (BID), authorizing the levy of assessments as specified in the Ordinance to fund the promotional and marketing activities that benefit the businesses in the District, and established the Main Street Board of Directors as the Advisory Board to the Council on the District. The collection of the assessment fee started July 1, 2007- The Parking and Business Improvement Area Law of 1989 (Division 18, Part 6 of the California Streets and ITEM NO.—A— City Council Staff Report June 4, 2008— Page 2 Palm Springs Business Improvement District Highways Code, commencing with Section 36530-36537) requires an annual renewal of the Business Improvement District prior to July 1 of each year. At the June 18 public hearing, the City Council shall declare its intention to levy and collect the assessments within the Palm Springs Business Improvement District, review the 2007-08 fiscal year activities and approve the 2008-2009 Fiscal Year Budget and Program. The BID District encompasses 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 west side 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, La Plaza, Arenas Road, and Baristo Road from Indian Canyon Drive west to Belardo Road. Businesses located within the defined geographic area pay the BID fees based on the following schedule: 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 — Office/Service Ground Level Office/Service 2"d 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 OHM City Council Staff Report June 4, 2008— Page 3 Palm Spnngs Business Improvement District Category E — Hotels 1 —25 rooms $350 26 — 50 rooms $400 Over 50 rooms $500 Note: Non-profits which do not need business licenses would be exempt from the BID fee; however, they would still be included in downtown promotional materials such as maps or directories. The Resolution of Intent to renew the Palm Springs Business Improvement District for the 2008-09 Fiscal Year provides additional notice to the Community, beyond the published Public Hearing Notices, of the June 18 Public Hearing. The public hearing allows the Council to review publicly the status and progress of the BID, and allows businesses an opportunity to express whether they are supportive of the BID program. FISCAL IMPACT: IFinance Director Review: The 2007-08 BID budget was $125,000 based on estimates of revenue. Based on a full year's experience, the annual assessment revenue projection for 2008-09 is reduced t o $105,000. However, the fund will have approximately $50,000 in unspent funds from the current year, which will bring the total amount available in 2008-09 to over $155,000. ohn R ym nd, Director Cathy Van rn, Administrator unity onomic Development Lcconno-mic Development & Downtown David H. Read onager Tom Wilson, sslstant City Manager Attachments: Resolution of Intent RESOLUTION OF INTENT NO. 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: 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 600024 Resolution No. Page 2 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 Category E — Hotels 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. 006021 5 Resolution No, Page 3 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 36523 and 36523.5 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 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. Resolution No. Page 4 ADOPTED THIS_day of June 4, 2008 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California d'( 0H7