Chapter 2.65 — COMMERCIAL DISTRICT FORMATION

This chapter is intended to create a framework to include the business owners of the city of Palm Springs in civic affairs to work to improve the livability and character of their commercial districts and the city. This chapter sets forth the basis for recognition of commercial districts and the responsibilities and benefits accruing thereto, as well as an additional manner in which the commercial districts can receive notification of city actions that may affect businesses. There are a variety of projects undertaken by the city, or subject to the city's approval, or otherwise affecting the quality of life for Palm Springs businesses, which the commercial district organizations can receive notice of.

The purpose of this chapter is to foster partnerships of open communication by establishing a mechanism for two-way communication between the city and commercial district organizations, to allow for direct participation and education of the city's businesses, and to encourage diverse perspectives, which is intended to lead to innovative solutions and consensus. (Ord. 2091, 12/14/2023)

Nothing herein is intended in any way to limit or govern the rights of business owners or property owners to associate or to form groups or nonprofit entities as they desire. This chapter is merely intended to create a process so that commercial district organizations can be given notice of city actions that may affect the city's businesses. This process is not a substitute for the notification required by law, but is in addition to such requirements and city officials shall continue to separately meet all requirements for notice provided by state and local laws. (Ord. 2091, 12/14/2023)

"City actions" that are subject to this chapter are those events, actions of city council, city boards, commissions, agencies or departments and other occurrences regarding public safety and general interest and welfare that affect the city's businesses. The city manager, shall work with the various departments of the city to develop a detailed list of what shall be considered city actions under this chapter, pursuant to Section 2.65.050(4). Examples of city actions include, but are not limited to, development projects; public works projects of interest because they affect public access; special events conducted by either the city or private entities subject to the city's approval that may affect specific commercial districts; the abatement of nuisances; public safety issues; and the adoption of ordinances and regulations that may affect businesses.

"Commercial district boundaries" means the boundaries of each commercial district as established in the map of commercial district organizations.

"Commercial district organization" means an autonomous organization, whether incorporated or not, formed voluntarily by business owners for the purpose of considering and acting on issues affecting livability and quality of their commercial district.

"Commercial district representative" means the chair of each commercial district organization.

"Commercial district" means geographically contiguous businesses at least one block in length; or 10 or more businesses with a commonality of interests, such as restaurants, retailers, or art

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.65.030

§ 2.65.050

galleries.

"Map of commercial district organization areas" means the map drawn by the city manager to establish the areas of representation for the commercial district organizations, pursuant to Section 2.65.050(b).

"Special events" include events conducted by either the city or private entities subject to city approval that may affect surrounding property. When there is a series of linked events, one notice may be given listing all of the applicable dates. (Ord. 2091, 12/14/2023)

The city council finds that there is a need to maintain strong channels of communication with the businesses of Palm Springs on matters affecting their commercial districts. It is the intent of the city council to foster a partnership of open communication between the city and its commercial districts; to enhance the environment in which businesses are afforded an opportunity to participate in governmental decisions; to foster cooperation and consensus among diverse interests; to assist the city and businesses in developing solutions to mutual concerns; and to foster within the city government a service orientation towards its businesses and to develop in the businesses a sense of personal pride and responsibility for their commercial districts. The city council has recommended that recognized commercial district organizations be included in the formation of policies and procedures relating to the governance of the city.

The city shall provide notice hereunder to each commercial district representative who shall be responsible for communicating with their respective commercial district organization. The commercial district organizations shall not be subject to the Brown Act, as they were not created by the city council, nor do they exercise any authority that may lawfully be delegated by the city council to them.

(Ord. 2091, 12/14/2023)

The city manager shall designate a liaison to communicate and coordinate with the commercial district representative. It shall be the duty of the city manager, and he or she shall have authority:

• (a) To certify the commercial district organizations;

• (b) To set the boundaries of each commercial district organization on the map of commercial district organization areas and any revisions thereto;

• (c) To establish procedures for the departments of the city to give notice to the commercial district representatives, with a reasonable opportunity for the commercial district organizations to respond prior to city actions being undertaken by any agency or department of the city, any board or commission of the city or the city council as outlined in subsection (d);

• (d) On an as-needed basis, to meet with the various departments of the city that communicate with citizens who will be affected by the department's actions and, if necessary, to discuss with such departments strategies to improve such communications. The city manager shall develop a list of activities which shall be considered city actions hereunder and what notice is recommended for such city action;

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City of Palm Springs, CA § 2.65.050

PALM SPRINGS CODE

§ 2.65.070

• (e) To meet with commercial district representatives at least semi-annually to evaluate from the perspective of commercial district representatives whether the city has provided timely notice to commercial district representatives of city actions and whether the city was responsive to the commercial districts;

• (f) To work with commercial district representatives to establish the standards for reasonable notice, openness and participation in commercial district meetings, as further described in Section 2.65.060;

• (g) To keep the city council fully advised as to the needs of the commercial districts and to recommend to the city council for adoption necessary measures and ordinances; and

• (h) To perform such other duties and exercise such other authority as may be delegated from time to time by ordinance or resolution of the city council.

• (Ord. 2091, 12/14/2023)

• (a) To establish a commercial district organization, more than 50 percent of the businesses in the commercial district boundaries shall affirmatively vote to establish the commercial district organization. The formal petition with the names/signatures of business owners participating in the district shall be submitted to the city manager for approval of the commercial district organization.

• (b) The membership of commercial district organizations shall be open to all business owners and owners of property within the commercial district boundaries. The commercial district organization shall give reasonable notice of all its meetings to all business owners and property owners within its boundaries. The commercial district organization's bylaws shall guarantee that all meetings will be open and public and will permit, to the extent feasible, every person eligible for membership to participate in the conduct of business, deliberation and decision-making at such meetings.

• (c) In accordance with the commercial district organization bylaws, the commercial district organization shall elect a chair who shall serve as the commercial district representative.

• (d) All members of the commercial district organization may actively participate in commercial district events, activities and meetings, and may exercise voting rights pursuant to the bylaws, without regard to their actual or perceived race, color, religion, ancestry, national origin (as such term is defined in Section 2.45.010 of the Palm Springs Municipal Code), disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The commercial district organization will be responsible for maintaining records to show its efforts at outreach, the level of participation in the organization and the organization's activities.

• (Ord. 2091, 12/14/2023)

If the bylaws of the commercial district organization establish membership dues, then dues shall be voluntary and shall not bar any business owner or property owner from participation in the commercial district organization. Voluntary dues, contributions, contracts, grants or subscriptions may be used by a commercial district organization as provided for in the

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.65.080

§ 2.65.070

commercial district organization's bylaws. (Ord. 2091, 12/14/2023)

Each recognized commercial district organization shall submit the minutes of its annual meeting and any special meetings, as well as the list of the members of its governing body and the expiration dates of their terms of office, to city manager's designee within 30 days following such meeting. Additionally, the commercial district organization shall file all changes to its bylaws with the city manager's designee within 30 days following their adoption or amendment. (Ord. 2091, 12/14/2023)

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City of Palm Springs, CA