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HomeMy WebLinkAbout7/24/2002 - STAFF REPORTS (3) o� Spy City of Palm Springs ~ Office of the City Clerk (760) 323-8205 FAX (760) 322-8332 FOR�� Date: July 22, 2002 To: Mayor and Members of the City Council From: City Clerk Re: Ballot Initiatives Attached you will find four Ballot Summaries prepared by the City Attorney regarding the initiatives filed with this Office. At your meeting Wednesday, there is opportunity to discuss the measures, gain an understanding of the results if voter approved and the ability to place alternative measures on the ballot, if you desire. Direction will be needed if you desire to place new measures or alternative measures on the November ballot. There is relatively little financial cost to the City for the placement on the ballot due to the consolidation. If I may assist in some manner, please let me know. PATRICIA A. SANDERS City Clerk INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "PROHIBITION ON CITY IMPOSITION OF TAXES, FEES, AND MONETARY ASSESSMENTS FOR UTILITY CONSUMPTION; ELIMINATION OF FIVE PERCENT (5%) TAX IN EFFECT FOR CONSUMPTION OF TELEPHONE, ELECTRICITY, GAS AND COGENERATED ELECTRICAL ENERGY. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows; Eliminates the five percent (5%) utility tax on charges for consumption of: (i) interstate telephone services, (ii) electrical energy services, (iii) gas services, and (iv) cogenerated electrical energy services, all of which are currently in effect for business and residential customers within the City. Requires a majority vote of the people to impose in the future any taxes, fees, monetary assessments for consumption or use of any utility service within the City, including electricity, cogenerated electricity, gas, telecommunications, water, television, refuse collection or sewer service. If passed, this measure would take effect on the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of amending the Palm Springs Municipal Code regarding the repeal of the utility user tax. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: I When the utility user tax was originally placed upon all utilities in Palm Springs the politicians promised that it would only be a temporary tax,which would enable them to keep the current service levels while making the necessary adjustments to future City budgets. 2. The City councilmembers have increased the general fund spending levels over 25%during the last 4 years. Yet, the core rate of inflation has increased less than 10%and the population of the City has remained essentially stagnant. Unfortunately,the vast majority of this spending increase has been exclusively devoted to increased salaries and benefits for city employees, and not for projects and improvements which would directly benefit the residents and businesses of Palm Springs 3 Palm Springs and Desert Hot Springs are the only cities in the Coachella Valley with a utility user tax. But, the City of Palm Springs still can't balance their budget, even with a utility user tax. Signed: Lalith D Chandrasena, Proponent; Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendment to the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Palm Springs,pursuant to Article 11 of the California Constitution, California Proposition 218, Article V111 of the Charter of the City of Palm Springs and Chapter 3 (commencing with Section 9200)of Division 9 of the Elections Code,present to the City Council of the City of Palm Springs this petition and request that the following proposed amendments to the Palm Springs Municipal Code be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date, as determined by the City Council. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "REALLOCATION OF TRANSIENT OCCUPANCY TAX ("TOT"); RESTRICTION ON USE OF TOT FUNDS. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows; Currently,TOT of 12.5 percent is charged to guests or Group Meeting Hotels and 11.5 percent is charged to guests of all other hotels. Generally, Group Meeting Hotels are those with at least 125 rooms which benefit directly from City tourism promotional activity.This measure would replace the current TOT with a graduated TOT as follows:10.0 percent for hotels with less than 50 rooms, 11.5 percent for hotels with 50 to 124 rooms, and 12.5 percent for hotels with 125 or more rooms. Currently,the first seven(7) percent of TOT collected is allocated to the City's Community Promotion Fund which may be used for promoting the Palm Springs tourism industry. All other TOT collected is allocated to the City's general fund and may be used for such things as Convention Center financing, public safety, street repair, and other City operational expenses. This measure would require that all TOT collected be allocated to the City's Community Promotion Fund. Such funds would be restricted and spent only for specified uses, including: promoting the Palm Springs tourism industry; maintenance or operation of the Palm Springs Convention Center; maintenance, operation, capital improvements or other costs related to public parking, libraries, parks, and senior or youth facilities and programs; public arts programs; and special events.Currently,the cost to collect TOT funds are derived from TOT revenue.This measure would prohibit TOT revenue to pay for collection costs, shifting such costs to the general fund. TOT applies only to guests who stay at hotels for less than 28 days and is based on the room rental cost.If passed,this measure would take effect upon the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of amending the Palm Springs Municipal Code regarding the assessment and usage of transient occupancy taxes. A statement of the reasons for the proposed action, as contemplated in the petition,are as follows: 1. A transient occupancy tax (TOT) is a tax which is currently levied for the privilege of occupancy in all hotel rooms in the city. 2. The revenue from any transient occupancy tax is supposed to be used for advertising and promoting the City of Palm Springs, for support of the convention center, and for other worthy public benefits. 3. The city council has a long history of using TOT funds for balancing the city budget, instead of using the funds for their intended purpose. Tourism. 4. This initiative provides for a reasonable graduated tax rate and simply directs that the funds be spent for the purposes stated, and not for hiring additional city hall staff, increasing city employee benefits or for balancing the general fund budget. Signed: Lalith D. Chandrasena, Proponent, Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendment to the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Palm Springs,pursuant to Article If of the California Constitution, California Proposition 218, Article Vlll of the Charter of the City of Palm Springs and Chapter 3 (commencing with Section 9200)of Division 9 of th-FI -finr-Cr- ^-- -tt- th C' C .1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "PROHIBITION ON IMPOSITION OF FEES FOR PUBLIC PARKING; PROHIBITION ON DESIGNATION OF PUBLIC PARKING SPACES FOR CUSTOMERS OR EMPLOYEES; REPEAL OF IMPOSITION OF CITY TAX ON MONTHLY PARKING SPACES. INITIATIVE CHARTER AND MUNICIPAL CODE AMENDMENT. Amends the City Charter and Municipal Code as follows: Prohibits the imposition or collection of any fee for panting a vehicle in any public parking space, lot or structure, including any in-lieu fee charged to business owners who do not provide sufficient parking. Prohibits the metering or enforcement of the restrictions for parking a vehicle in any public parking space, lot or structure, or time restrictions for parking upon a public right of way for less than 24 hours. Prohibits the reservation of any parking space in any public parking lot or structure for business customers or employees, except spaces required for handicapped person. Requires that businesses offering valet parking also offer spaces for self-parking and maintain signs directing customers to both parking options. Provides that reasonable fees may be charged for valet parking services, but not for the parking space. Repeals Municipal Code provisions imposing tax on monthly parking contracts. This measure would not affect parking at,adjacent to,or in connection with the Palm Springs International Airport. If passed, this measure would take effect on the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of enacting parking relief by amending the Charter and municipal code of the City of Palm Springs. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: 1. The residents of Palm Springs have a compelling interest in preserving the integrity and financial stability of the local business community by encouraging the construction of additional public parking in the downtown areas. 2.The residents of Palm Springs have a compelling interest in preventing city officials from discouraging business activities by imposing onerous time limitations on public parking. 3. This act limits the ability to charge for parking and encourages the retention of a village atmosphere in the historic downtown area. Signed:Lalith D. Chandrasena,Proponent;Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendments to the Charter of the City of Palm Springs and the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We,the undersigned, registered and qualified voters of the State of California,residents of the City of Palm Springs,pursuant to Article II of the California Constitution, Section 3 of Article XI of the California Constitution, California Proposition 218, Article VIII of the Charter of the City of Palm Springs, Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code and Chapter 2 ; (commencing with Section 34450)of Part I of Division 2 of Title 4 of the Government Code, present to the City Council of the City of Palm Springs this petition and request that the following proposed amendments to the Charter of the City of Palm Springs and the Palm Springs Municipal Code be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date.. as determined by the City Council. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "RESTRICTION ON APPOINTMENT TO CITY COMMITTEES, BOARDS AND COMMISSIONS; RESTRICTION ON ELECTION TO CITY OFFICE. INITIATIVE CHARTER AMENDMENT. Amends the City Charter as follows: Prohibits any person from being elected to the same public office, whether as mayor or a member of the city council, for more than two terms, or for more than ten years. Prohibits any person from being elected to the same public office,whether as mayor or a member of the city council, for more than one term if the person has served more than two years of a term to which another other person was elected. Prohibits any person from being appointed to the same public office,whether an agency, authority, board, commission, or committee, for more than two terms, or for more than ten years. A partial term of more than two years counts as a full term. Prohibits any person from being appointed to the same public office, whether an agency, authority, board, commission, or committee, for more than one term if the person has served more than two years of a term to which another person was originally appointed.Public offices to which the restrictions of this measure apply include agencies,authorities,boards, bureaus, commissions, committees, councils, districts, and similar entities within the City and include, but are not limited to, the Airport Commission,Administrative Appeals Board, Board of Appeals, Community Redevelopment Agency,Historic Site Preservation Board,Human Rights Commission,Library Board,Parks and Recreation Commission,Personnel Board,Planning Commission,Public Arts Commission,Rent Review Commission, VillageFest Board, and Board of Library Trustees. This measure would take effect upon certification of the election results and would prohibit the future election or appointment of persons who have already served two or more terms or a total of ten years in the same public office." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of enacting term limits by amending the Charter of the City of Palm Springs. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: 1. Local officeholders who remain in office for extended periods of time become preoccupied with their own reelection and for that reason devote more effort to campaigning for their office than making legislative decisions for the benefit of the people of Palm Springs. 2. Local officeholders have become too closely aligned with the special interest groups who provide contributions and support for their reelection campaigns.They give them special favors,and lobby other elected and appointed officials for special interest favors,all of which create corruption, or the appearance of corruption, of the political system. 3. Entrenched incumbency has discouraged qualified citizens from seeking office and has led to a lack of competitiveness and a decline in robust debate on issues of importance to the people of Palm Springs, 4. Due to the lack of competition for the council seats held by entrenched incumbents,there has been a reduction in voter participation which, is counter-productive in a representative form of government. 5. The residents of Palm Springs have a compelling interest in preserving the integrity of the city by promoting competitive elections and limiting the influence of special interests upon entrenched incumbent officials. 6.The residents of Palm Springs have a compelling interest in preventing the perpetual monopolization ofelective or appointed offices by incumbents. 7. The residents of Palm Springs have a compelling interest in ensuring that more of the people of this city have an equal opportunity to stand for and hold elective or appointed office. Signed: Craig A. Marlar, Proponent; Lalith D. C6andrasena, Proponent; Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Palm Springs Tn the C'it-Ccnr^il rf I"cif rf P,Ir c- ' — �n pPR 2 2 2002 _. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOT�+uS�; yam• n r� The city attorney has prepared the following title and summary or the chief purpose and points of the propose", Qn asti "RESTRICTION ON APPOINTMENT TO CITY COMMITTEES BOARDS AND COMMISSIONS; RESTRICTION ON ELECTION TO CITY OFFICE. INITIATIVh CHARTER AMENDMENT. Amends the City Charter as follows: Prohibits any person from being elected to the same public office, whether as mayor or a member of the city council,for more than two terms,or for more than ten years. Prohibits any person from being elected to the same public office, whether as mayor or a member of the city council,for more than one term if the person has served more than two years of a term to which another other person was elected. Prohibits any person from being appointed to the same public office, whether an agency, authority, board, commission, or committee, for more than two terms, or for more than ten years.A partial term of more than two years counts as a full term. Prohibits any person from being appointed to the same public office, whether an agency,authority, board,commission,or committee,for more than one term if the person has served more than two years of a term to which another person was originally appointed. Public offices to which the restrictions of this measure apply include agencies, authorities, boards, bureaus, commissions, committees,councils, districts, and similar entities within the City and include, but are not limited to, the Airport Commission, Administrative Appeals Board, Board of Appeals, Community Redevelopment Agency, Historic Site Preservation Board, Human Rights Commission, Library Board, Parks and Recreation Commission, Personnel Board, Planning Commission, Public Arts Commission, Rent Review Commission, VillageFest Board, and Board of Library Trustees.This measure would take effect upon certification of the election results and would prohibit the future election or appointment of persons who have already served two or more terms or a total of ten years in the same public office." NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. All signers of this petition must be registered voters in the City of Palm Springs TWs Whom Inr olnnal use oNI rvReglslmaon 1 T PRINT 1'OLR NAME RESIDENCE ADDRESS ONLY rn ZOLT SIGNAI I RE 4S REGISTERED TO Vol E CITY ZIP re Reelslnnan . O �I, PRIM YOUI:NIUtE RESIDENCE ADDRESS ONLY Y •1 Y OCR SIGNATURE AS REGIM FILED TO VOTE C ZIP 11 New Regalmllon 3 ty PRINT I OLR N.4NIE RESIDENCE ADDRESS ONLY lfv WOUR SIGNATLRE AS REGISTERED TO VOTE CITY ZIP 11//^�\ w ReglslrJllon R 1 t PRJNTt OU N4Afln RESmENCEADDRESS ONLI / 1'OIJR SIGNATLREAS REGISTERED TO VOTE CITY ZIP \ ew Reglsintmn 5 O f2 PRINI 101R NANIE RESIDENCE ADDRESS ONLY 1 1 YOLK SIGNATURE 45 RLGISTERED'I0 VOTE CITt ZIP ��ar WM1ery Rcelsl"non 6 1 1 ' PRINT YOLK NAIvR RESIDENCE ADDRESS ONLY' I_ P OUR SIGN4]'L AS REGISTG TO V(n'E CITY ZIP fir , � New Rcgislmuon , J� M PRINT 1'OLTl NANIE RESIDENCE.ADDRESS ONITV O 1'OLT SIGNXITE R AS REGISTEREDZIP TO VDIE CITY 7 f w Reglnntion a L PRINT YOLM NAME RESmENCE ADDRESS ONLY Y 1 OL'R SIGNATURE 4S REGISTERED To VOl"E Crfl ZIP DECLARATION OF CIRCULATOR (To be completed in circulator's own hand after aboY'e signatures have been obtained) I, , am registered to vote* in the City of Palm Springs,or am qualified to register to vote inthe Print lull name Ciq of Palm Springs My residence address Is Strea[Address.City.State,Lp I circulated this section of the petition and w finessed each of the appended signatures being written Each signature of this petition is, to the best of m� information and belief, the genuine signature of the person µ'hose name it purports to be.All signatures on this document were obtained between the dates of and , I declare under penalty of perjury under the laws of the State of MontNDay/year Writh/DayNear California that the foregoing is true and correct. Executed on at MOntNDay/year Place of Signing-City a State X Complete signature of circulator,including middle name or Initial •CaLfirmm LIw reywrev the'n'l en nl the voter reglvvauun smmn of the orndewr of the peuvan m the circulator s deelwalion Iialeevec the U S,Supreme Ceva on January 12 1999 issued an oplmen to ja Ajl \ , en\ c Coi nleun law foundnl�w Fnundn 9(11"9)5x5 L s ISE ecdenne Ibal Ihu cveuLtmr of an mmauve pent tun need hel be a rcglslerce,war. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "RESTRICTION ON APPOINTMENT TO CITY COMMITTEES, BOARDS AND COMMISSIONS; RESTRICTION ON ELECTION TO CITY OFFICE. INITIATIVE CHARTER AMENDMENT. Amends the City Charter as follows: Prohibits any person from being elected to the same public office, whether as mayor or a member of the city council, for more than two terms, or for more than ten years. Prohibits any person from being elected to the same public office,whether as mayor or a member of the city council, for more than one term if the person has served more than two years of a term to which another other person was elected. Prohibits any person from being appointed to the same public office, whether an agency, authority, board, commission, or committee, for more than two terms, or for more than ten years. A partial term of more than two years counts as a full term. Prohibits any person from being appointed to the same public office, whether an agency, authority, board, commission, or committee, for more than one term if the person has served more than two years of a term to which another person was originally appointed.Public offices to which the restrictions of this measure apply include agencies,authorities,boards, bureaus, commissions, committees, councils, districts, and similar entities within the City and include, but are not limited to, the Airport Commission, Administrative Appeals Board, Board of Appeals, Community Redevelopment Agency,Historic Site Preservation Board,Human Rights Commission,Library Board,Parks and Recreation Commission,Personnel Board,Planning Commission,Public Arts Commission,Rent Review Commission, VillageFest Board, and Board of Library Trustees. This measure would take effect upon certification of the election results and would prohibit the future election or appointment of persons who have already served two or more terms or a total of ten years in the same public office." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of enacting term limits by amending the Charter of the City of Palm Springs. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: 1. Local officeholders who remain in office for extended periods of time become preoccupied with their own reelection and for that reason devote more effort to campaigning for their office than making legislative decisions for the benefit of the people of Palm Springs 2. Local officeholders have become too closely aligned with the special interest groups who provide contributions and support for their reelection campaigns They give them special favors,and lobby other elected and appointed officials for special interest favors,all of which create corruption, or the appearance of corruption, of the political system. 3. Entrenched incumbency has discouraged qualified citizens from seeking office and has led to a lack of competitiveness and a decline in robust debate on issues of importance to the people of Palm Springs. 4. Due to the lack of competition for the council seats held by entrenched incumbents,there has been a reduction in voter participation which, is counter-productive in a representative form of government. 5 The residents of Palm Springs have a compelling interest in preserving the integrity of the city by promoting competitive elections and limiting the influence of special interests upon entrenched incumbent officials. 6.The residents of Palm Springs have a compelling interest in preventing the perpetual monopolization ofelective or appointed offices by incumbents 7 The residents of Palm Springs have a compelling interest in ensuring that more ofthe people ofthis city have an equal opportunity to stand for and hold elective or appointed office. Signed: Craig A. Marlar, Proponent; Lalith D. Chandrasena, Proponent; Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Palm Springs To the City Council of the City of Palm Springs: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Patin Springs, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code,present to the City Council ofthe City of Palm Springs this petition and request that the following proposed amendment to the Charter of the City of Palm Springs be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date, as determined by the City Council. Proposed Amendment to the Charter of the City of Palm Springs This proposed measure expressly amends the Charter ofthe City of Palm Springs by adding Section 303.5 to Article 111. Provisions to be added are printed in underlined type. THE PROPOSED CHARTER AMENDMENT READS AS FOLLOWS: FIRST. Title Historic Site Preservation Board, Human Rights Commission Library Board, Parks and Recreation Commission Personnel This Charter Amendment shall be known and may be cited as the Board, Planning Commission, Public Arts Commission Rent "Palm Springs Term Limits Act." Review Commission, VillageFest Board and the Board of Library Trustees, SECOND. The Charter of the City of Palm Springs is (h) "Public officer" includes, but is not limited to, any person amended by adding SECTION 303.5 to read as follows: elected or appointed to any public office including any public agency, authority, board, bureau, commission. committee, SECTION 303.5. Term Limits. council or district within the City of Palm Springs (a) No person shall be elected to the same public office more than twice. THIRD. Effective Date (b)No person who has held a particular public office,or acted as This act shall be effective upon certification of the election a public officer for a particular public office, for more than two results, vears of a term to which some other person was elected,shall be elected to that same public office more than once. FOURTH. Severability (c)No person shall be appointed to the same public office more than twice. If any provision ofthis measure orthe application thereof to any person or circumstance is held invalid, that invalidity shall not (d)No person who has held a particular public office,or acted as affect other provisions or application, and to this end the a public officer for a particular public office for more than two provisions of this measure are severable. Years of a term to which some other person was appointed shall be appointed to that same public office more than once. FIFTH. Preemption of Laws (e) No person shall serve, whether elected or appointed, more than a total of ten years in the same public office. The provisions of this initiative shall supersede all other provisions of the Palm Springs Municipal Code and the Charter (1) This act shall not prevent any elected or appointed person of the City of Palm Springs and shall preempt all laws, who may be currently holding a public office or currently acting ordinances, resolutions and regulations enacted in conflict as a public officer,during the term within which this act becomes therewith. Notwithstanding any other provision of the Palm operative from holding that public office or acting as the public Springs Municipal Code or the Charter of the City of Palm officer during the remainder of such current term but upon Springs or any other provision of law, ordinance, resolution or expiration of the public officers' current term shall effect the regulation, other than the Constitution or laws of the United future ability of that current public officer fi-om holding or acting States and the State of California, this initiative and all of its as a public officer in that same public office. provisions shall take precedence. All provisions and other laws, codes,ordinances,resolutions and regulations inconsistent or in (g) "Public office" includes, but is not limited to, any public conflict with the provisions ofthis initiative are hereby repealed. office including any public agency, authority, board, bureau, #### commission committee council or district, within the Citv of Palm Springs, and shall specifically include, but shall not be limited to, the Airport Commission, Administrative Appeals Board Board of Appeals, Community Redevelopment Agency, INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "PROHIBITION ON IMPOSITION OF FEES FOR PUBLIC PARKING- PROHIBITION ON DESIGNATION OF PUBLIC PARKING SPACES FOR CUSTOMERS OR EMPLOYEES- REPEAL OF IMPOSITION OF CITY TAX ON MONTHLY PARKING SPACES. INITIATIVE CIURTER AND MUNICIPAL CODE AMENDMENT. Amends the City Charter and Municipal Code as follows: Prohibits the imposition or collection of any fee for parking a vehicle in any public parking, space, lot or structure, including any in-lieu fee charged to business owners who do not provide sufficient parking. Prohibits the metering or enforcement of the restrictions for parking a vehicle in any public pparking space, lot or structure, or time restrictions for parking upon a public rk ht of way for less than l4 hours. Prohibits the reservation of any parking space to any public parking lo� or structure for business customers or employees, except spaces re9�ired for handicapped person. Requires that businesses offering valet parking also offer spaces for sell-parking and maintain signs directmg customers to both parking options. Provides that reasonable fees maX be charged for valet parking services, but not for the parking space. Repeals Municipal Code provisions imposing tax on monthly parking contracts. This measure would not affect parking at adjacent to, or in connection with the Palm Spprings International Airport. If passed, this measure would take effect on the first day of July following the election." NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. All signers of this petition must be registered voters in the City of Palm Springs TTna eolumn for alReiat use unity. New Regtsntion 1 JPRINTYCURNAME RESIDENCEADDRESSONLY M ZYOUR SIGNATUREASREGISTFREDTOVOTE CITY ZIP 'ew Registration 2 eeeel O PRWI'Y'OUR NAtv1E R&qUAINCEAINMESSONLY 0 e YOLT—R-SIGNAIURL AS RLGISIERED 10V 'LlP N1gu u non , T 0. Palm'S'OUR NMIL ESIDENCEADDRESS ONLY I��II�'I LU 1 YOUR SIONAIU `ASRLGIST'I:RPDTOVOrE CITY ZIP 111 w Regissnrion q OPRINr YOURNAME RESIDENCE ADDRIESS ONLY \ YOMS1GNATMXASPEGlSTERWTOVaFE MY ZIP / New Repnvnoo g O OPRINT YOURNAMF RESIDENCE ADDRESS ONLY y DUR SIGNATURE AS RLGISrLREO TO VOTL CRY Z P rn W w ReVgSnion 6 PRINT YOM NAW RMIUENCE ADDRESS ONLY 1X YOUR SIGNAIU ..AS REG STFRED TO Vol E CITY ZIP Y ew Reg,strarion � m 1 OUR NAME RESIDENCE ADDRESS ONLY O SI­UN At u RL As R EG Si ERFD"o V O r E CnY 'ZIP ew RepSnuon 8 t1Zw WPRINr YOUit NAME REe1D NCE ADDRESS ON1, YOURSIGNATUREASREGISTERF TOVOIE arr Ln' DECLARATION OF CIRCULATOR (To be completed in circulator's own hand after above signatures have been obtained.) 1 ,am registered to vote* in the City of Palm Springs,or am qualified to register to vote inthe Print lull name City of Palm Springs. My residence address is Veer Addrelv,City,Stale,Zip I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature of this petition is,to the best of my information and belief, the genuine signature of the person whose name it purports to be.All signatures on this document were obtained between the dates of en ey/Year and enl ey ew . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ont ay .ar at ace of signingCity&Stsire Xcomplete signature of druc ator,Including afludl.name or Initial 'Cahfomia Ww re�ni n Ne i.duo.n of Nw eoler regisuavou etsav of the cireWaw of the petition in the simulator's decla non.llowevw,the V S.Su, a Court on January 12,1999 iv d an o)nww in @ucklev v Aya C�en_law FoodaWo(1999)525 U.S.182 declaring that the eircNamr of.inivaGva peYtion owed not ha registeredmer.. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "PROHIBITION ON IMPOSITION OF FEES FOR PUBLIC PARKING; PROHIBITION ON DESIGNATION OF PUBLIC PARKING SPACES FOR CUSTOMERS OR EMPLOYEES; REPEAL OF IMPOSITION OF CITY TAX ON MONTHLY PARKING SPACES. INITIATIVE CHARTER AND MUNICIPAL CODE AMENDMENT. Amends the City Charter and Municipal Code as follows: Prohibits the imposition or collection of any fee for parking a vehicle in any public parking space, lot or structure, including any in-lieu fee charged to business owners who do not provide sufficient parking. Prohibits the metering or enforcement of the restrictions for parking a vehicle in any public parking space, lot or structure, or time restrictions for parking upon a public right of way for less than 24 hours. Prohibits the reservation of any parking space in any public parking lot or structure for business customers or employees, except spaces required for handicapped person. Requires that businesses offering valet parking also offer spaces for self-parking and maintain signs directing customers to both parking options. Provides that reasonable fees may be charged for valet parking services, but not for the parking space. Repeals Municipal Code provisions imposing tax on monthly parking contracts. This measure would not affect parking at,adjacent to, or in connection with the Palm Springs International Airport. If passed, this measure would take effect on the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of enacting parking relief by amending the Charter and municipal code of the City of Palm Springs. A statement of the reasons for the proposed action, as contemplated in the petition,are as follows: I. The residents of Palm Springs have a compelling interest in preserving the integrity and financial stability of the local business community by encouraging the construction of additional public parking in the downtown areas. 2.The residents of Palm Springs have a compelling interest in preventing city officials from discouraging business activities by imposing onerous time limitations on public parking. 3. This act limits the ability to charge for parking and encourages the retention of a village atmosphere in the historic downtown area. Signed: Lalith D. Chandrasena, Proponent; Frederick M. Raio, Proponent Petition for Submission to Voters of Proposed Amendments to the Charter of the City of Palm Springs and the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We,the undersigned, registered and qualified voters of the State of California,residents of the City of Palm Springs,pursuant to Article 11 of the California Constitution, Section 3 of Article XI of the California Constitution, California Proposition 218, Article VIII of the Charter of the City of Palm Springs, Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code,present to the City Council of the City of Palm Springs this petition and request that the following proposed amendments to the Charter of the City of Palm Springs and the Palm Springs Municipal Code be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date, as determined by the City Council. Proposed Amendments to the Charter of the City of Palm Springs and the Palm Springs Municipal Code This proposed measure expressly amends the Charter of the City of Palm Springs,by adding a section to Article II;and amends the Palm Springs Municipal Code by repealing Section 3.34.010 of Chapter3.34 of Title 3 and Section 5.38.040 of Chapter5.38 of Title 5. Existing provisions to be deleted are printed in str�pe and new provisions to be added are printed in underlined type. THE PROPOSED CHARTER AMENDMENT READS AS FOLLOWS AND THE PEOPLE OF THE CITY OF PALM SPRINGS DO ORDAIN AS FOLLOWS: FIRST. Title (e) Businesses which provide valet parking must also allow for customers to park their own cars without charge.There shall be This act shall be known and may be cited as the"Palm Springs an adequate number of parking spaces for customers wishing to Parking Relief Act 11" self-park. Signs shall be placed in the parking lot directive customers to the self-park and valet parking areas. SECOND. Section 3.34.010 of Chapter 3.34 of Title 3 of the (f) A valet or operator with a permit may charge the owner or Palm Springs Municipal Code is repealed: driver, of a motor vehicle which it accepts for valet parking, a reasonable fee for its parking services, other than charging for . the parkine space,provided that the business owner served by the valet has agreed in writing that fees may be charged of such oeettpanty o"palking space ii,a parking station hi die,eit owners and drivers. provided, however, that no occupant shall pa� a tax exceedin.- (9) There shall be no charge for any valet parking permit. I I the �,ffldy chalge Miele tile Charge 'is rrinde On a month! (h) There shall be no in-lieu parking fee assessed or collected against any person or business. (i) No person,includine the City,shall assess or collect any tax. vate- fee or other monetary charge for parking in any public parking space. (i) No parking space in a public parking station,Public parking al rang=lent Ina"p lot or public parking structure shall be designated as time restricted for any amount of time. THIRD.Section 5.38.040 of Chapter 5.38 of Title 5 of the Palm (k) No legal parking space upon any public right-ofway shall be Springs Municipal Code is repealed: designated as time restricted for any amount of time less than 24 hours. 5.38.040 Establishment of vehicle utk.' g faeilities and regulations: (1)Notwithstanding any other provision ofthis section,all public parking offered upon, adjacent to, or in connection with, the The city muncil by mseltntion may designate vehicle parkitt, Palm Springs International Airport shall be exempt from all provisions of this section. reSOldti e FIFTH. Effective Date This act shall be effective upon the first day of July following the election at which this measure is presented to the voters. CtMeLln-ortdii oas SIXTH. Severability FOURTH.The Charter of the City of Palm Springs is ffany provision of this measure or the application thereof to any amended by adding SECTION 206 to read as follows: person or circumstance is held invalid, that invalidity shall not affect other provisions or application, and to this end the SECTION 206. Parkin provisions of this measure are severable. (a) There shall be no charge for parking in any public parking station public parking lot or public parking structure or upon any SEVENTH. Preemption of Laws public right-of-wav within the legal boundaries of the City of Palm Springs. The provisions of this initiative shall supersede all other provisions oft4e Palm Springs Municipal Code and the Charter (b) No parking space in a public parking station public parking of the City of Palm Springs and shall preempt all laws, lot or public parking structure shall be metered ordinances, resolutions and regulations enacted in conflict therewith. Notwithstanding any other provision of the Palm (c) No parking space upon any public right-of-way shall be Springs Municipal Code or the Charter of the City of Palm metered. Springs or any other provision of law, ordinance, resolution or regulation, other than the Constitution or laws of the United (d) There shall be no marked or signed parking spaces for the States and the State of California, this initiative and all of its exclusive or reserved use for customers or employees in any provisions shall take precedence.All provisions and other laws, public parking station public parking lot or public parking codes,ordinances,resolutions and regulations inconsistent or in structure with the exception of spaces required for the conflict with the provisions of this initiative are hereby repealed. handicapped. #### Do,,� INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS\, The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: UTILITY CONSUM TION ELOIMINATION OFEAVEEPERCENTO 5%)A) TAX IN EFFFFECTS FOR CONSUMPTION OFTELEPHONE, ELECTRICITY, GAS AND COGENERATED ELECTRICAL ENERGY. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows= Eliminates the five percent (5%) utility tax on charges for consumption of: (i) interstate telephone services, (ii) electrical energy services, (iii) gas services, and (iv) cogenerated electrical energy services:all.of which are currently in effect for business and residential cus- tomers within the City. Requires a majority vote of the people to impose in the future any taxes, fees, mon- etary assessments for consumption or use of any utility service within the City,including electricitLyy, cogen- erated electricity, gas, telecommunications, water television, refuse collection or sewer service. ff passed, this measure would take effect on the first day oFjuly following the election." NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. All signers of this petition must be registered voters in the City of Palm Springs Tius caiumn Ior ogicul ue Orly ew Regtanoon I T JPRINT YOUR NANIC RESIDENCE ADDRESS ONLY M ZYOUR SIGNATURE AS REGISTERED TO vorE rr5' ZIP I,I av Regisimuon Z V 0 PRIM YGDR N4NIE RESIDENCE ADDRESS ONLY V 1 YOURS GN,A AS 'IS -D O GrE riTY ZIP astal cw Rcgisomtuwn 3 Mini 0 PRINTYGUR NAJva RESIDENCE ADDRESS ONLY I _ U.] YOURSIGNAT' ASREGIS'rEED R TOVoI'E C ' ZIP l' I rLNowReg,..rbon y U OPRINT YOUR NANE RESIDENCE ADDRESS ONLY \ YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP \ / Now Regtavnon 5 O QPRINT POUR ME SS NA RESIDENCE ADDRESS ONLY WYOUR SIGNATLI ASRFGISTEREDTOVOI'E CIFY ZP M 'ew Registration a 111 PRINT YGUR NANIE RESIDENCE ADDRESS ONLY �I1� UJ 1 Now Regiamuon T YOUR SIGNATURE AS REGISTERED TO VOTE Cn ZIP V r ////���� PEINT YOIIR NAN- RESIDENCE ADDRESS ONLY V ease O SIGNATURE A T LTP 7 w Regiamean 9L^ WPRINTYOURNoa RESIDENCE ADDRESS ONLY I-}+// YOB SIGNATLrRE A5 REGI51'ERFJJ TO VOTE CITY ZIP DECLARATION OF CIRCULATOR (To be completed in circulator's own hand after above signatures have been obtained) I ,am registered to vote* in the City of Palm Springs,or am qualified to register to vote in the Print full name Cit} of Palm Springs My residence address is Street Address,City,State,Zip I circulated this section of the petition and witnessed each of the appended signatures being written Each signature of this petition is,to the best of my information and belief,the genuine signature of the person whose name it purports to be All signatures on this document were obtained between the dates of Monll��and I declare under penalty of perjury under the laws of the State of CallfOrnla that the foregoing is true and correct Executed on on ay sr at Piece of Signing-City S State XCompiele signature of urculalo4 tic uding Middle name or Imgel Cahfnrma law myoues IAc rdasiun of the vaier mliymuan amiss of the nreWamrt of Ito pennon in the nreodalor'n decimation However.to U S Supmme Coun on January I2.159 rowed an apouon m fi"Ul s. n tier a Cnn u 1+w Fo mdanol (i B )525 LI S,t92 declanng twt the n o d.".,of an tmnauvc pemton neetl noI to a regtnered voter INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "PROHIBITION ON CITY IMPOSITION OF TAXES, FEES, AND MONETARY ASSESSMENTS FOR UTILITY CONSUMPTION; ELIMINATION OF FIVE PERCENT (5%) TAX IN EFFECT FOR CONSUMPTION OF TELEPHONE, ELECTRICITY, GAS AND COGENERATED ELECTRICAL ENERGY. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows; Eliminates the five percent (5%) utility tax on charges for consumption of: (i) interstate telephone services, (ii) electrical energy services, (iii) gas services, and (iv) cogenerated electrical energy services, all of which are currently in effect for business and residential customers within the City. Requires a majority vote of the people to impose in the future any taxes, fees, monetary assessments for consumption or use of any utility service within the City, including electricity, cogenerated electricity, gas, telecommunications, water, television, refuse collection or sewer service. If passed, this measure would take effect on the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of amending the Palm Springs Municipal Code regarding the repeal of the utility user tax. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: I. When the utility user tax was originally placed upon all utilities in Palm Springs the politicians promised that it would only be a lemporory tax,which would enable them to keep the current service levels while making the necessary adjustments to future City budgets. 2. The City councilmembers have increased the general fiord spending levels over 25% during the last 4 years. Yet,the core rate of inflation has increased less than 10%and the population of the City has remained essentially stagnant. Unfortunately,the vast majority of this spending increase has been exclusively devoted to increased salaries and benefits for city employees, and not for projects and improvements which would directly benefit the residents and businesses of Palm Springs 3. Palm Springs and Desert Hot Springs are the only cities in the Coachella Valley with a utility user tax. But, the City of Palm Springs still can't balance their budget, even with a utility user tax. Signed: Lahth D. Chandrasena, Proponent; Frederick M. 2aio,, Proponent Petition for Submission to Voters of Proposed Amendment to the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We,the undersigned, registered and qualified voters of the State of California, residents of the City of Palm Springs,pursuant to Article II of the California Constitution, California Proposition 218, Article Vill of the Charter of the City of Palm Springs and Chapter 3 (commencing with Section 9200)of Division 9 of the Elections Code,present to the City Council of the City of Palm Springs this petition and request that the following proposed amendments to the Palm Springs Municipal Code be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date, as determined by the City Council. Proposed Amendment to the Palm Springs Municipal Code This proposed measure expressly amends the Palm Springs Municipal Code,by repealing Sections 3.32.030 through 3.32.060 of Chapter 3 32 of Title 3 of the Palm Springs Municipal Code. Existing provisions to be deleted are printed in str ketnt-type and new provisions to be added are printed in underlined type. THE PEOPLE OF THE CITY OF PALM SPRINGS DO ORDAIN AS FOLLOWS: FIRST. Title the value aFtl This act shall be known and may be cited as the"Palm Springs Utility Tax Relief Act 1." California Publie Utilities ecaninissiorr SECOND. Section 3.32.030 of Chapter 3.32 of Title 3 of the Palm Springs Municipal Code is repealed: SIXTH. Chapter 3.33 of Title 3 of the Palm Springs Municipal Code is added, to read: semiees. Tile tax.. Chapter 3.33 UTILITY USER TAX I'm Such sery ices,and Shall be paidby tile person paying-f6r-strch 3.33.010 Provisions sem mes. The City of Palm Springs shall not impose a utility user tax on the citizens or businesses in the City of Palm Springs.No utility THIRD. Section 3.32.040 of Chapter 3.32 of Title 3 of the user tax or any other similar tax fee or other monetary Palm Springs Municipal Code is repealed: assessment upon utilities may be assessed or levied upon any person or business within the City of Palm Springs, unless such tax, fee or assessment has been approved by the City of Palm electric Springs electorate The term"utility user tax"shall include but be five pcment of-th-e-eilarges r-sticherre!gy all"shall be is not limited to,a rate or consumption tax on users of electricity cogenerated electricity, gas telecommunications water, television (irrespective of means of transmission) refuse collection or sewer service. 2. Minh SEVENTH. Effective Date This act shall be effective upon the first day of July following the election at which this measure is presented to the voters. FOURTH. Section 3.32.050 of Chapter 3.32 of Title 3 of the Palm Springs Municipal Code is repealed: EIGHTH. Severability If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or application, and to this end the siltill be provisions of this measure are severable. 0 NINTH. Preemption of Laws service The provisions of this initiative shall supersede all other provisions of the Palm Springs Municipal Code and shall preempt all laws,ordinances,resolutions and regulations enacted in conflict therewith.Notwithstanding any other provision of the Palm Springs Municipal Code or any other provision of law, Public Utilities ordinance,resolution or regulation,other than the Constitution or etmmissisn, laws of the United States and the State of California, this initiative and all of its provisions shall take precedence. All provisions and other laws, codes, ordinances, resolutions and FIFTH. Section 3,32.060 of Chapter 3.32 of Title 3 of the regulations inconsistent or in conflict with the provisions of this Palm Springs Municipal Code is repealed: initiative are hereby repealed. 099 rated /FeP�SF'� /O j APR 2 2 2002 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS\ )Y C��P\ The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "REALLOCATION OF TRANSIENT OCCUPANCY TAX ( TOT ); RESTRICTION ON USE OF TOT FUNDS. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows; Currently,TOT of 12.5 percent is charged to guests or Group Meeting Hotels and 11.5 percent is charged to guests of all other hotels. Generally, Group Meeting Hotels are those with at least 125 rooms which benefit directly from City tourism promotional activity.This measure would replace the cur- rent TOT with a graduated TOT as follows:10.0 percent for hotels with less than 50 rooms, 11.5 percent for hotels with 50 to 124 rooms, and 12.5 percent for hotels with 125 or more rooms. Currently, the first seven (7) percent of TOT collected is allocated to the City s Community Promotion Fund which may be used for promoting the Palm Springs tourism industry.All other TOT collected is allocated to the City's general fund and may be used for such things as Convention Center financing, public safety,street repair,and other City operational expenses.This meas- ure would require that all TOT collected be allocated to the City's Community Promotion Fund. Such funds would be restricted and spent only for specified uses, including: promoting the Palm Springs tourism industry; mainte- nance or operation of the Palm Springs Convention Center; maintenance,operation,capital improvements or other costs related to public parking, libraries, parks, and senior or youth facilities and programs; public arts programs; and special events. Currently, the cost to collect TOT funds are derived from TOT revenue. This measure would prohibit TOT revenue to pay for collection costs,shifting such costs to the general fund.TOT applies only to guests who stay at hotels for less than 28 days and is based on the room rental cost. If passed, this measure would take effect upon the fast day of July following the election." NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. All signers of this petition must be registered voters in the City of Palm Springs Tlus column for aRnil use oNv w egnvauan I T JPRIST I'OLR NAME RESIDENCEADDRE55 ONLY M ZY OUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP cw Rcg,amuon 2 \�11 0 PIUNr YOffR NAME RESIDENCE ADDRESS ONLY V l - / YoLJRSIGNAIT ASREGISFEITD—TOVOTE CITY Ln' eel Neg,9ea0on 3 l�l�l Lye PRISTYOURNAME RESIDENCE ADDRESS ONLY (_Il WYOLRSIGNATLIREASREGI5rEREDTOVOTE P 111 II^ ry Reparnmn a OPRIM YOUR NAME RESIDENCE ADDRESS ONLY YOLRSICNAILREASREGISTEREDTOVofE CITY ZIP \ cw Reginmuen 5 0 PRINT YOUR NAh1E RESIDENCE ADDRESS ONLY O 0 W YOUR 5 GNATLRE AS REGISTERED TO VOTE CR ZN ry 1w�• Repjslrmme G Ileln PFTWYOLR NAME RESIDENCE ADDRESS ONLY W NYOIR SIGNATURE 45 RE13I51'ERED TO VOTE CITY Z!P J/��� wRe�smtion 2 '• a PRIMYOLRNAME RE9IDENCEADDRESSONLY 0 YOUR SIONATLW AS O VOTE My �— 7 w Rcyanuon g L eY P Nf YOIIRNAME RESIDENCE ADDRESS ONLy YYOUR SIGNATL3ZE AS REGISST[R D TO VOTH CRY ZIP DECLARATION OF CIRCULATOR (To be completed in circulator's own hand after above signatures have been obtained.) 1, ,am registered to vote* in the City of Palm Springs,or am qualified to register to vote in the Print full name City of Palm Springs. My residence address is SVwI Aggrew,CI[g Stale,Zip I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature of this petition is,to the best of my information and belief,the genuine signature of the person whose name it purports to be All signatures on this document were obtained between the dates of oat ay ear and M_ Imo_ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Mon ay/Yaar at ace of signingCity s state X complete clgnatum of ciruciaton Including middle name or initial 'Cahfo-a law rubes We indadon of din voter n,o,s lion,tams of the circW Wor of Ne peunon m We cvcuimm's d d.fioa However.the U S Supmne Coun on January 12,iW){rived ao op rood m[}y,rt4ly, \menn�Coin n Foy. Aon(19 )525 LIS,182 dedarin6 lhoi Zhe circulamr of m imoauvu pcutmn need not b a registered votcr. INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: "REALLOCATION OF TRANSIENT OCCUPANCY TAX ("TOT"); RESTRICTION ON USE OF TOT FUNDS. INITIATIVE MUNICIPAL CODE AMENDMENT. Amends the City Municipal Code as follows; Currently,TOT of 12.5 percent is charged to guests or Group Meeting Hotels and 11.5 percent is charged to guests of all other hotels. Generally, Group Meeting Hotels are those with at least 125 rooms which benefit directly from City tourism promotional activity.This measure would replace the current TOT with a graduated TOT as follows:10.0 percent for hotels with less than 50 rooms, 11.5 percent for hotels with 50 to 124 rooms, and 12.5 percent for hotels with 125 or more rooms. Currently,the first seven(7)percent of TOT collected is allocated to the City's Community Promotion Fund which may be used for promoting the Palm Springs tourism industry. All other TOT collected is allocated to the City's general fund and may be used for such things as Convention Center financing, public safety, street repair, and other City operational expenses. This measure would require that all TOT collected be allocated to the City's Community Promotion Fund. Such funds would be restricted and spent only for specified uses, including: promoting the Palm Springs tourism industry; maintenance or operation of the Palm Springs Convention Center; maintenance, operation, capital improvements or other costs related to public parking, libraries, parks, and senior or youth facilities and programs; public arts programs; and special events. Currently,the cost to collect TOT funds are derived from TOT revenue. This measure would prohibit TOT revenue to pay for collection costs, shifting such costs to the general fund. TOT applies only to guests who stay at hotels for less than 28 days and is based on the room rental cost.If passed,this measure would take effect upon the first day of July following the election." Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate this petition within the City of Palm Springs for the purpose of amending the Palm Springs Municipal Code regarding the assessment and usage of transient occupancy taxes. A statement of the reasons for the proposed action, as contemplated in the petition, are as follows: 1. A transient occupancy tax(TOT) is a tax which is currently levied for the privilege of occupancy in all hotel rooms in the city. 2. The revenue from any transient occupancy tax is supposed to be used for advertising and promoting the City of Palm Springs, for support of the convention center, and for other worthy public benefits. 3. The city council has a long history of using TOT funds for balancing the city budget, instead of using the funds for their intended purpose. Tourism. 4. This initiative provides for a reasonable graduated tax rate and simply directs that the funds be spent for the purposes stated, and not for hiring additional city hall staff, increasing city employee benefits or for balancing the general fund budget. Signed: Lalith D. Chandrasena, Proponent, Frederick M. Raro, Proponent Petition for Submission to Voters of Proposed Amendment to the Palm Springs Municipal Code To the City Council of the City of Palm Springs: We,the undersigned,registered and qualified voters of the State of California,residents of the City of Palm Springs,pursuant to Article II of the California Constitution, California Proposition 218, Article VI11 of the Charter of the City of Palm Springs and Chapter 3 (commencing with Section 9200)of Division 9 of the Elections Code,present to the City Council of the City of Palm Springs this petition and request that the following proposed amendments to the Palm Springs Municipal Code be submitted to the registered and qualified voters of the City for their adoption or rejection at a special election on the earliest possible date, as determined by the City Council. Proposed Amendment to the Palm Springs Municipal Code This proposed measure expressly amends the Palm Springs Municipal Code, by adding Sections 3.24.311, 3,24.312 and 3.24.313, by amending Sections 3.24.030,3.24.038(a),3.24.039(a)and 3.24.310 and by repealing certain taxes in Sections 3.24.035,3.24.036,3.24.037, 3.24.037(a)and 3 24 300 of Chapter 3.24 of Title 3 of the Palm Springs Municipal Code. Existing provisions to be deleted are printed in mikeavttppe and new provisions to be added are printed in underlined type. THE PEOPLE OF THE CITY OF PALM SPRINGS DO ORDAIN AS FOLLOWS: FIRST. Title . This act shall be known and may be cited as the "Palm Springs , fbi tile Tourism Promotion Act 1." , SECOND. Section 3.24.030 of Chapter 3.24 of Title 3 of the Tile additional tax imposed ln� this section shall be achniniste,ed Palm Springs Municipal Code is amended,to read; and collected ill tile saine niannet, and is subject to all of tire same definitions, ­dl 3.24.030 Tax imposed. imposed b� Section 3.24.030, ­,pt that tile tax imposed brflyi� section shall be paid into tile gellelal telld Of dm eit� to be bted (a) For the privilege of occupancy in any hate+ hotel with no more than forty-nine(49)rooms,each transient is subject to,and of Section 3.24.3!0 shall pay a tax in the amount of seven ten percent L10!jJ of the section. rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, said tax constitutes a debt owed by the transient to the city which is FOURTH. Section 3.24.036 of Chapter 3.24 of Title 3 of the extinguished only by payment to the operator or to the city. For Palm Springs Municipal Code is repealed: purposes of this section,the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of -eeds: the unit or room(s)which accommodated such occupancy,which rental value shall be computed by determining the pro rata share Ill addition to tile fax impo�cd ln� Section 3.24.030 nnd Seetion of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total tile opctatot.Tile additional tax imposed b� this section shall ba applicable operating costs including, but not limited to, the administered - -d collectedl the applicable real and personal property taxes,plus the total amount all of tile same definitions, exemptions, rules and tegulations as of any and all fees, assessments, charges and expenses (not file tax imposed b� Section 3.24.030,1.11pt d—t ill,et,it"FM'd including the previously referred to taxes) charged by the ll� thiS 3CCtiffli shall be paid iLft tile geneift!fund oftht cit� to be operator as attributable to the time-share occupancy of the used foi- tile usual and Cttlielit eXpeMeS Of tile City, and tile transient by whatever name such fees, assessments, charges or expenses may be denominated, whether "occupying fee," by-this-seettatr. "maintenance or operations charge," "per diem fee," "management fee" or like name or otherwise. In making the computation referred to above of the pro rata share of the total FIFTH. Section 3.24.037 of Chapter 3.24 of Title 3 of the purchase price, in any case wherein the time-share right or Palm Springs Municipal Code is repealed: entitlement is to perpetuity or for life or otherwise not for a definite or ascertainable term,such pro ration shall be made upon 3.24.037 Additionill tax imposed Use of proceeds. an assumed term of forty years. The tax assessed and collected pursuant to this section shall be subject to all of the provisions of ._ 3.24.035 Section 3.24.310. (b) In addition to the tax imposed by Section 3.24.030(a),forthe to and shall pay all additional tax;it the privilege of occupancy in any hotel with at least fifty(50)rooms, but no more than one hundred twenty-four (124) rooms, each tax imposed In ",-III be administered and eollected transient is subject to and shall pay an additional tax in the , amount ofone and one-half percent(1.5°/v)of the rent charged by exemptions, the operator.The additional tax imposed by this section shall be administered and collected in the same manner,and is subject to paid into tile gene. . I I .. I I I - I all of the same definitions exemptions, rules and regulations as the tax imposed by Section 3.24.030(a). 3.24.3 10 shall lot apply to tile EaN ­r l-- :File tax imposed b� thi3 section shall take eff�ct (c) In addition to the taxes imposed by Sections 3.24.030(a)and 3 24 030(b) for the privilege of occupancy in any hotel with at least one hundred twenty-five (125) or more rooms, each SIXTH. Section 3.24.037(a)of Chapter 3.24 of Title 3 of the transient is subject to and shall pay an additional tax in the Palm Springs Municipal Code is repealed: amount of one percent(1%)of the rent charged by the operator. The additional tax imposed by this section shall be administered and collected in the same manner, and is subiect to all of the same definitions exemptions rules and regulations as the tax ._ , imposed by Section 3.24.030(a) 1­ 11, (d)For purposes of this section,"rooms"shall include,but not be limited to any lot parcel,space, unit room or any other similar o tyi e of accommodation meeting hote+s-,-nnd an additional one and five tenflis pereent (1.5%) ill .!I hotel- The additional tax inipose� Secti011 Shall be administeted and collected ill thC SULIM lililiTrrer, THIRD. Section 3.24.035 of Chapter 3.24 of Title 3 of the , Palm Springs Municipal Code is repealed: , except fitnd of the City,Mid tile PiOViSiO.1.OfSeCtiOft-3. agreement or owner participation agreement relating to development to occur under the Canyon Park Resort and Spa specific plan and such hotel is actually constructed and operated. (3) Any other hotel made subject to the provisions herein by SEVENTH. Section 3.24.038(a)of Chapter 3.24 of Title 3 of ordinance or resolution of the community redevelopment agency. the Palm Springs Municipal Code is amended, to read: (d)Proceeds from the taxes imposed hereunder may be used for 3.24.038 Credit for payments of tax imposed by community the payment of principal and interest on any bond,may be used redevelopment agency. to pay any obligation of the community redevelopment agency under any owner participation agreement or other agreement, (a) Pursuant to Section 7280.5 of the California Revenue and including any owner participation agreement or other agreement Taxation Code,a community redevelopment agency is authorized with the owner, or successors in interest of any owner, of any to levy a transient occupancy tax for its purposes if such transient interest in real property located in a project area,or of the hotels occupancy taxes are by ordinance credited against the city's listed in subsection (c) of this section, may be the subject of transient occupancy taxes. Any person subject to the transient collateral for any pledge, may be the subject of any covenant, occupancy tax under this section is entitled to credit the amount may be applied to any special fund, may be the subject of any of transient occupancy taxes due to the community pledge of revenues, may be the subject of any contractual redevelopment agency of the city pursuant to Revenue and obligation ormay be applied to any other redevelopment purpose Taxation Code Section 7280.5 against the payment of taxes as may be authorized or permitted under the community otherwise due under this chapter. Upon the effective date of an redevelopment law. ordinance passed by the community redevelopment agency ofthe city,the amount of any tax due pursuant to said ordinance by any (e)No tax imposed by this section shall be effective unless the transient occupying a hotel subject to such ordinance, and tax so imposed may be credited against the amount of transient collected and remitted to the community redevelopment agency occupancy taxes otherwise imposed by the city of Palm Springs. of the city,levying a transient occupancy tax pursuant to Part 1.7 of Division 2 of the Revenue and Taxation Code, shall be credited against any transient occupancytax otherwise due bythe NINTH. Section 3.24.300 of Chapter 3.24 of Title 3 of the transient under 8eciions�0, --and 3.24.036. Palm Springs Municipal Code is repealed: Section 3.24.030. (b)In the event that the community redevelopment agency ofthe city adopts an ordinance pursuantto Revenue and Taxation Code The expens, fo. staff and colleetion ofthe tax temin-provided Section 7280.5 imposing a transient occupancy tax, such shall be paid receipts. ordinance shall be codified in the Palm Springs Municipal Code as Section 3.24.039,to provide ready access to such ordinance for all persons reviewing this chapter of the Palm Springs TENTH. Section 3.24.310 of Chapter 3.24 of Title 3 of the Municipal Code. Palm Springs Municipal Code is amended,to read: 3.24.310 Use of proceeds.proceeds-Restricted. EIGHTH. Section 3.24.039 of Chapter 3.24 of Title 3 of the Palm Springs Municipal Code is amended,to read: The net proceeds from the any tax imposed herein shall beplaced in a restricted special fund to be known as the Community 3,24.039 Tax imposed--Community redevelopment agency. Promotion Fund, ari&naty be used Fbi s ng-puH crtq; ,,is, OCM fil,ellle,lt, and Operating (a)There is imposed by the community redevelopment agency of expensesimmially pay able out of the hibrary Fund7arrd-parkt-arrei the city of Palm Springs upon those hotels identified in and shall only be used for the subsection (c) of this section, a transient occupancy tax in the advertising marketing, publicity and promotion of the City of amount oftenandeghttenths twelve and one-half percent 1�2.5 Palm Springs: for the acquisition, construction, expansion, of the rent charged by the operator. The tax imposed by this improvement,maintenance and operating costs,debt retirement. section shall be administered and collected in the same manner, and all other expenses of the Palm Springs Convention Center: and is subject to all the same definitions,exemptions, rules and for the acquisition, construction, expansion improvement. regulations as the taxes imposed by maintenance and operating costs debt retirement, and all othepaidintothegeneralfundo r expenses of any public sports, entertainment or recreational facility, course or park within the city: for the acquisition. construction expansion improvement, maintenance and IUMMItality, Redevelopment Law and this sectioti, and the operating costs, debt retirement, and all other expenses of providing reasonable and convenient parking within the city:for bq-this-section.. Section 3.24,030. the acquisition, construction, expansion, improvement. maintenance and operating costs debt retirement, and all other (b) In addition to all other administrative mechanisms provided expenses of any public library within the city;for support of the For in this chapter, the community redevelopment agency of the Palm Springs Desert Resorts Convention&Visitors Bureau;for city of Palm Springs may enter into an agreement with any support of the Palm Springs Bureau of Tourism; for support of operator subject to the tax imposed under this section for the Palm Springs International Film Festival; for support of the collection and administration of the tax so imposed. Palm Springs VillageFest for support of senior,youth and other beneficial community programs and facilities within the city;for (c) The hotels subject to the tax imposed by this section are the hotel resort and golf course development agreements: for following: support of public art programs within the city; for special events which take place within the city; and for all other reasonable (I) The Spa 1loteh Resort Casino. - efforts and expenses to encourage local tourism and for no other purpose. (2) Canyon Park Resort and Spa, but only if the community redevelopment agency enters into a disposition and development ELEVENTH. Section 3.24.311 of Chapter 3.24 of Title 3 of FOURTEENTH. Severability the Palm Springs Municipal Code is added, to read: If any provision ofthis measure or the application thereof to any The city may not collect atransient occupancy tax(TOT),or any person or circumstance is held invalid, that invalidity shall not other similar tax for the privilege of occupancy, for its own affect other provisions or application, and to this end the general fund or any other purpose. except as authorized in provisions of this measure are severable. Section 3.24.310. FIFTEENTH. Preemption of Laws TWELFTH. Section 3.24.312 of Chapter 3.24 of Title 3 of the Palm Springs Municipal Code is added,to read: The provisions of this initiative shall supersede all other provisions of the Palm Springs Municipal Code and shall Thecitymay notborrow funds held in the Community Promotion preemptall laws,ordinances,resolutions and regulations enacted Fund for use by the city or for use by any other department or in conflict therewith.Notwithstanding any other provision of the program of the city,except as authorized in Section 3.24.310 or Palm Springs Municipal Code or any other provision of law, except in the case of a declared emergency pursuant to Section ordinance,resolution or regulation,other than the Constitution or 3(c)of Article XIIIB of the California Constitution, laws of the United States and the State of California, this initiative and all of its provisions shall take precedence. All provisions and other laws, codes, ordinances, resolutions and THIRTEENTH. Effective Date regulations inconsistent or in conflict with the provisions of this initiative are hereby repealed. This act shall be effective upon the first day of July followingthe #### election at which this measure is presented to the voters.