TECHNICAL PROPOSAL
Common/Shared Use Passenger
Processing System and Support
Amadeus Airport IT Americas, Inc.
14 March 2022
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Table of Contents
A. FIRM QUALIFICATIONS AND EXPERIENCE ----------------------------------------------------------------------------------------------------- 4 A.1 COMPANY OVERVIEW ----------------------------------------------------------------------------------------------------------------------------- 4 A.1.1 Amadeus Flow ------------------------------------------------------------------------------------------------------------------------------ 4 A.1.2 Airport Management Solutions (AMS) ----------------------------------------------------------------------------------------------- 5 A.2 SUBCONTRACTOR ---------------------------------------------------------------------------------------------------------------------------------- 6 A.3 REFERENCES --------------------------------------------------------------------------------------------------------------------------------------- 7 B. STAFF, TEAMS QUALIFICATIONS AND EXPERIENCE ----------------------------------------------------------------------------------------- 9 B.1 STAFFING ------------------------------------------------------------------------------------------------------------------------------------------- 9 B.2 PARTNERS ------------------------------------------------------------------------------------------------------------------------------------------ 9 B.3 KEY STAFF/TEAM MEMBERS ------------------------------------------------------------------------------------------------------------------- 10 C. UNDERSTANDING OF PROJECT AND SCOPE OF WORK ---------------------------------------------------------------------------------- 14 C.1 PROPOSED APPROACH FOR IMPLEMENTING THE PROJECT ---------------------------------------------------------------------------------------- 14 C.1.1 Initiation Phase--------------------------------------------------------------------------------------------------------------------------- 14 C.1.2 Service Design Phase ------------------------------------------------------------------------------------------------------------------- 15 C.1.3 Service Configuration Phase ---------------------------------------------------------------------------------------------------------- 16 C.1.4 Installation and Verification Phase ------------------------------------------------------------------------------------------------- 20 C.1.5 Operational Cutover Phase ----------------------------------------------------------------------------------------------------------- 22 C.1.6 Post Implementation Phase ---------------------------------------------------------------------------------------------------------- 22 C.1.7 Amadeus Ongoing Support Services ------------------------------------------------------------------------------------------------ 23 C.2 ADDITIONAL CONSIDERATIONS --------------------------------------------------------------------------------------------------------------------- 24 C.2.1 Risk Management ----------------------------------------------------------------------------------------------------------------------- 24 C.2.2 Change Management ------------------------------------------------------------------------------------------------------------------ 25 C.3 KEY/CRITICAL ISSUES -------------------------------------------------------------------------------------------------------------------------------- 25 D. SCHEDULE/QUALITY CONTROL ----------------------------------------------------------------------------------------------------------------- 27 D.1 PROJECT SCHEDULE ----------------------------------------------------------------------------------------------------------------------------- 27 D.2 PROJECT COMMUNICATION -------------------------------------------------------------------------------------------------------------------- 28 D.2.1 Points of Contact ------------------------------------------------------------------------------------------------------------------------ 29 D.2.2 Project Meetings ------------------------------------------------------------------------------------------------------------------------- 29 D.3 QUALITY CONTROL METHODS ------------------------------------------------------------------------------------------------------------------ 30 D.3.1 ISO standards ----------------------------------------------------------------------------------------------------------------------------- 31 D.3.2 Business Continuity --------------------------------------------------------------------------------------------------------------------- 31 D.3.3 Control based standards --------------------------------------------------------------------------------------------------------------- 31 D.3.4 Adherence to standardized processes---------------------------------------------------------------------------------------------- 31 E. LOCAL PREFERENCE -------------------------------------------------------------------------------------------------------------------------------- 33 F. FORMS ------------------------------------------------------------------------------------------------------------------------------------------------- 35
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Section A
Firm (including any subcontractors) Qualifications and Experience including References
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A. Firm Qualifications and Experience
A.1 Company Overview
Amadeus was founded in 1987 by four major European airlines: Air France, Lufthansa, Iberia, and SAS. What started as a GDS, grew phenomenally over the years to become the travel technology powerhouse that we are today. Our commercial area builds partnerships with our customers and markets relevant Amadeus products and services to them, helping to add value to their business. The commercial business units include our Travel Unit which houses our Airport IT businesses in a transversal and platform-led customer unit. Amadeus serves three customer segments with our Airport IT solutions: Airports, Ground Handlers and Airlines.
Amadeus considers the whole ecosystem of an airport and how we can provide integrated and collaborative solutions for all our customers – ground handlers, airport authorities and airlines. Although these players have specific ne eds, they nevertheless share the common goals of on time performance and improved passenger experience. Amadeus provides a platform for information sharing between these players both within the airport and globally.
Each of these Amadeus customer types have competing needs within their processes but need to collaborate to align and reduce non-value adds and bottlenecks within their processes. The Amadeus suite of integrated Airport IT solutions , illustrated below, offers that solution.
Figure 1: Overview of Amadeus’ Suite of Integrated Solutions Amad
eus Flow integrates a set of solutions that are part of the same platform, benefitting from utilization of same resources (for example one connectivity). These solutions deliver great benefits, both as standalone solutions and even more when combined. Amadeus Flow can include for instance ACUS, Auto Bag Drop and Kiosks, biometrics solutions, payment solutions and baggage solutions, all integrated with Altéa DCS.
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Figure 2: Overview of solutions included in the Amadeus Flow platform The A
madeus AMS portfolio of products is uniquely targeted to cover the full 360° spectrum of needs to address their specific business challenges whilst allowing information exchange and collaboration which ultimately benefits the passenger.
The table below, shows the subtle differences between the players which are catered for within the integrated Amadeus solutions. This includes being fully aligned with our Airline IT solutions such as Altéa DCS. The Amadeus AMS is designed to allow these players to fulfill all the YES situations with one product.
Figure 3: Competing needs of the different players in the airport operational environment Mono Airport/Station Yes Yes
Multi Airport/Station Yes Yes
Multi Airline Yes Yes
Mono Airline Yes
Multi DCS Yes Yes
Mono DCS Yes Yes
Multi Flight Types Yes Yes
Airline Flight Types Yes
Customers & Delays Yes
Infrastructure Optimisation Yes
Assistance & Services Yes
Arrival / Departure Flight Leg
oriented Yes
Turnaround Oriented Yes Yes Yes
Airport Charges Decrease Yes
Airport Revenues Increase Yes
Cost Optimisation Yes Yes Yes
Slot/Peak Approach Yes
Slots/A-CDM Approach Yes
Ground Time SLA Yes
Airline Ground Handler Airport
Operations
Timeframe
Financial Drivers
Aircraft Focus
Business Focus
Airport Coverage
Airlines Coverage
DCS Coverage
Flight Types
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Amadeus’ solutions leverage the combination power of the cloud and local components to deliver resilient, scalable , and cost-efficient solutions.
Figure 4: Product Interaction with Amadeus FLOW and AMS solutions Amadeus will not be utilizing a subcontractor on this project.
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A.3 References
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ATTACHMENT "E"
REFERENCES
REQUESTS FOR PROPOSALS (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT Reference 1
Organization name: Contact and title:
LAX6 Consortium LLC Christian Beghi, General Manager
Address: Phone number: (310) 801-2625
1 World Way, Los Angeles, CA 90045
Email Address: [email protected]
Effective date of contract: Value of Contract:
November 2017 $2.5M
Description of products/services provided:
Airport Common Use Services, Airport Operational Database, Flight Information Display System, Resource Management System
Reference 2
Organization name: Contact and title:
Southwest Florida International Airport Philip Murray, Director, Information Technology Address: Phone number: (239) 590-4541
11000 Terminal Access Road, Suite 8671, Fort
Myers, FL 33913 Email Address: [email protected]
Effective date of contract: Value of Contract:
September 2015 $1.5M
Description of products/services provided:
Airport Common Use Services, Cisco VoIP Interface, Common Use Self Service Kiosks Reference 3
Organization name: Contact and title:
Myrtle Beach International Airport Scott Von Moppes, Director of Airport Address: Phone number: (843) 839-7362
1100Jet Port Rd, Myrtle Beach, SC 29577
Email Address: [email protected]
Effective date of contract: Value of Contract:
August 2011 $3M
Description of products/services provided:
Shared Use Passenger Processing System, Local Departure Control System, Airport Operational Database, Resource Managemert System, Common Use Self Service Kiosks, Fligh: Information Display System (FIDS), PROPworks®Property & Revenue Managemert System, I[:) Paging System, Mi:el Telephony System
Airport IT Confidential Standard
14 March 2022 amadeus.com
Section B
Staff, Teams (including any subcontractors) qualifications and experience including References
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B. Staff, Teams Qualifications and Experience
B.1 Staffing
The success of a project depends largely on the quality of the team implementing it. No pro ject can proceed effectively without the dedication and full involvement of a committed, qualified project team. Under the leadership of a highly qualified and committed project manager, Amadeus will put together an effective program team. In some instances, roles of the team members may not constitute a full time position as they may be shared with other projects or the same resource may be used for multiple roles. The diagram below depicts a draft program organization setup as it would be recommended by Amadeus for a project such as this.
Figure 5: PSP Recommended Project Organization
B.2 Partners
Amadeus does not plan on partnering with any organizations to implement this Project.
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RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
B.3 Key Staff/Team Members
Position Name Years of experience
(with the company/
similar services)
Major works for which responsible Full-time
or Part-
time
Team Leader/Project
Manager
James
Rytlewski
4 Project Responsibilities:
• Customer point of contact
• Single ownership of workstream for PSP systems
• Overall responsibility for project execution
• Creation and presentation of Project Plan containing task information, milestones, and implementation timeline
• Reporting of overall program progress against Project Plan including the issuance of a weekly Project Progress Report
• Updating master risks and issues documents
• Conducting Project Status Review Meetings (Internal and Joint) • Conducting Project Steering Meetings (Internal and Joint) • Responsible for managing change throughout the Project Implementation phases
Experience with Amadeus Airport IT Americas, Inc. (2018 – present) Work performed: Managing multiple small to large IT projects with diverse teams across several geographical locations in North America. • Managed one or multiple concurrent Airport IT implementation projects within agreed budget and scope.
• Managed internal and external stakeholders at different levels with effective communication and governance.
• Identified, assessed and actively managed/mitigated project risks and issues.
• Project management certified.
Airport projects:
• CHS: EASE, CUSS, FIDS, AODB, RMS, BICS, ShoreTel, IED Paging • DAB: EASE, FIDS
• SBN: EASE, EASE FX
• SLC: EASE, CUSS, FIDS, AODB, RMS, BICS, RIDS
Full time
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Position Name Years of experience
(with the company/
similar services)
Major works for which responsible Full-time
or Part-
time
• FLL: Biometrics
• XNA: EASE
• YVR: ACUS
• SFB: Biometrics
Airline Application
Integration Manager
Nick
Samaha
14 Project Responsibilities:
• Responsible for managing airline network and application integration.
Experience with Amadeus Airport IT Americas, Inc. (2016 – present) Work performed:
• Manage airline application integrations into ACUS (Amadeus Common Use Service) at airports worldwide, a Citrix based true cloud solution technology based on application virtualization delivered via SaaS model.
• Acting as SPOC for Amadeus, assisting airlines and DCS host integrate their applications into the Passenger Processing System. • Managed the day-to-day activities of the Infrastructure Operations team, (12 Level 2 infrastructure technical analysts), maintaining SLA targets and considerably reducing incident backlog.
• Incident investigation and diagnostics ensuring timely resolution of Incidents and Service Requests, as well as timely change implementation
Full time
PSP Systems Rollout
Manager
Ray
Vecchiarelli
19 Project Responsibilities:
• Responsible for managing overall deployment of all PSP systems • Facilitating the UAT and signoff
• Facilitating all PSP cutover activities
Experience with Amadeus Airport IT Americas, Inc. ( 2003 – present) Work performed:
• Oversight Responsibility on all IT and IT Infrastructure Projects • Senior VMWare Design Engineer
• Technical Lead/Subject Matter Expert
• Software and hardware architectural design and implementation Full time
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Position Name Years of experience
(with the company/
similar services)
Major works for which responsible Full-time
or Part-
time
• Software/System development
• Telecom/Network design and implementation
Airport Delivery
Manager
Sharon
Abate
12 Project Responsibilities:
• Responsible for owning the transition from project to business as usual • Attending Project Status Review Meetings
• Responsible for the setup and configuration of the Support Model Experience with Amadeus Airport IT Americas, Inc. ( 2010 – present) Work performed:
• Manage Customer Support and Services which includes 18-million- dollar management of Customer contracts, Break fix Level 1, 2 and 3, Service Management for Operational and Technical Support. • Miscellaneous Project Management which includes planning, conference, execution, management, and lessons learned. • Airline upgrades Project Management which includes planning, conference, execution, management, and lessons learned. • Augmentation of Implementations, Integrations, Programming bug fixing.
• Support of Airport Operational Systems and Passenger Processing Systems, Testing and Quality Assurance.
• Work with multiple departments internally to address project issues and risks.
• Maintain continuous contacts with Airport Customers, Management, IT and Operations Groups.
• Oversee miscellaneous purchase of needed hardware and software licenses.
• Oversee staff schedules of staff deliverables.
• Oversee the documentation of all operational support hardware, software, and hardware repair.
• Jointly present to customers users/client's new systems functionality and advantages
Full time
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Airport IT Confidential Standard
14 March 2022 amadeus.com
Section C
Demonstrated understanding of the overall project and requested scope of work.
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C. Understanding of Project and Scope of Work
C.1 Proposed Approach for Implementing the Project
Amadeus has developed a standard Implementation Approach which will be followed by Amadeus for the implementation of all of the C/SPPS system at Palms Springs International Airport. We will follow this methodology across all work-streams to ensure consistent management and governance of all of the project deliverables.
Figure 6: C/SUPPS Airport Implementation Process
The proposed Scope of Services Amadeus is providing for the Common/Shared Use Passenger Processing (C/SUPPS) Implementation Project are described in the sections below.
C.1.1 Initiation Phase
Figure 7: C/SUPPS Project Initiation Phase
During the Project Initiation phase of the Amadeus Implementation Approach, the Sales lead and the Project Manager collaborate to safeguard that there is complete clarity regarding the scope of the project and the expectations of the City.
This understanding is captured so that it can then be cascaded to the Project Team. At this stage, three key aspects need to be fully covered: Project Kick-off, Planning and Communication.
C.1.1.1 Project Kick-off and onboarding of core project team members Amadeus’ Project Manager will be onboarded as soon as the contract is signed, he will then coordinate the onboarding of core team members. The Project Manager will then coordinate with the City to schedule and conduct an initial project kick- off meeting. During this kick-off meeting, the project implementation plan will be reviewed and discussed in detail. The Project Manager with contribution from core team members will then commence finalization of the Project Management Plan (PMP), which will be submitted to the City for approval.
C.1.1.2 Workshops
The Amadeus Project Manager will initiate the below key workshops to confirm the details and enable critical path procurement activities to commence.
_ Network Workshop
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_ Airlines Workshop
_ System, Storage and Backup Workshop
Outputs from the above workshops will serve as inputs to refine the original design.
C.1.1.3 Site Surveys
In parallel to Project Initiation activities and workshops, Amadeus will perform multiple Site Surveys to verify all airlines’ operations, the airport and airline applications that are in use at Palm Springs International Airport, and to perform a millwork review to ensure that all equipment will work within PSP’s passenger processing environments. The City will confirm that all equipment fits into the millwork in a usable manner taking into consideration required connections/cabling between the equipment, paper/stock management, supportability, and power requirements. It is acknowledged that any required minor millwork modifications to accommodate the C/SUPPS hardware will not be Amadeus’ responsibility.
C.1.1.4 Communication
As a critical aspect of any project delivery, a communication plan will be agreed upon to enable accurate and regular communication of information to the business. In fact, throughout the implementation stages, Amadeus will foster effective communication through openness and transparency with the City’s project team and all stakeholders. In the Master schedule end of Initiation Phase is documented by Milestone M00: Contract Agreed & Project Initiated .
C.1.2 Service Design Phase
Figure 8: C/SUPPS Service Design Phase
The Service Design Phase commences post the joint Airport-Amadeus kick-off meeting, workshops and concludes with an agreed upon Project Plan and Project Schedule. The purpose of this phase is to:
_ Verify business requirements with the customer;
_ Develop the Service Configuration Design to address the customer’s requirements; _ Define and agree to the Service Acceptance Test Plan; _ Define and agree to the Customer Support Solution for the operational services; _ Define and agree to the Project Plan and Project Schedule; _ Define and agree to Detailed Design.
C.1.2.1 Hardware Procurement
Amadeus will be responsible for the procurement of all hardware in order to achieve the delivery timeline agreed upon in the project schedule. Amadeus will begin coordinating with all vendors during the contracting stage to ensure that hardware will be available at the time of the relevant testing, configuration, and deployment phases. Ordering of core equipment with long lead times is a critical path activity so Amadeus will work with the City to confirm design and place the order for core equipment, followed by ordering of other hardware items. Throughout the project, Amadeus will be responsible for the receipt, unpacking, secure storage, and tracking (issue and return) of hardware and peripheral devices.
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C.1.2.2 Technical Architecture Documentation
During the Design Phase, Amadeus will review the proposed architecture with the City to ensure the proposed solution meets the City’s technical requirements. As a result of these discussions, the infrastructure requirements will be finalized, and Amadeus will provide technical architecture documentation to the City’s IT team for review and approval.
C.1.2.3 Planning
During the Service Design Phase, Amadeus will work with the City to prepare a framework under which all project activities will be managed and governed. While a number of key activities may take place during this phase, the project initiation stage will mainly focus on the creation of the Project Management Plan, Project Plan and Project Schedule which will be further ratified at the end of the Design Phase. As part of the Initiation Phase, and throughout the Design phase, Amadeus will work with the City and internal stakeholders to review and document the following planning items. This effort will include the review and/or creation of the following plans:
_ Infrastructure Plan
_ Testing Plan
_ Implementation and Cutover Plan
_ Training Needs Analysis and Training Plan
C.1.2.4 Support Process Verification
Amadeus believes that the ongoing support of the C/SUPPS system should be part of the original design of the system. As a result, several tasks related to the support and maintenance of the systems are included as part of the Design Phase. As part of the design phase, the Service Delivery Management processes will be documented, reviewed , and approved by the City.
Additionally, Amadeus will perform a detailed review of the proposed Service Delivery Management Processes and performance SLAs with the City. In the Master schedule end of Service Design Phase is documented by Milestone M01:
Service Design Completed & Documentation Agreed.
C.1.3 Service Configuration Phase
Figure 9: C/SUPPS Configuration and Build Phase
The Service Configuration Phase commences once the Service Configuration Design has been reviewed and approved by the City. The purpose of this phase is for the:
_ Development of additional tools required for the City _ Installation and configuration of Amadeus backend setup _ Configuration of Airport to Amadeus Connectivity (GWAN) _ Configuration of platforms for the City
_ Airline integration
_ Readiness of ACUS platforms for the City
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C.1.3.1 Development
During this phase the development activities will commence for:
_ Name matching tool
_ Reporting, monitoring, and dashboard enhancement
C.1.3.2 Airport to Amadeus Connectivity Configuration
This phase includes the collaboration on configuration of airport routers in order to establish redundant, half-managed VPN connections to the Amadeus ACUS platform. This phase is completed when the Airport connectivity to Cloud Based Services is provisioned and tested.
C.1.3.3 Passenger Processing Platform Configuration
Amadeus has developed the following C/SUPPS implementation approach to provide the planning template for how Amadeus will manage the transition of the City and Airlines to the Amadeus C/SUPPS equipment. The C/SUPPS implementation comprises of parallel streams of work for:
_ The Airport Implementation project which enables the service to be scoped, configured, deployed, trialed and cutover to operations at the airport.
_ A separate Airline Implementation project for each new non-Altéa Airline that needs to be implemented on the ACUS platform via an Airline Implementation project.
Once the ACUS hardware and peripheral devices are delivered from suppliers below activities will be carried out during t his phase:
_ The C/SUPPS systems platform service components are configured and tested – including:
• Airport Workstation Identities (WID) and Launcher Scripts for each Airline operating from the Airport are created .
Note: For each non-Altéa Airlines, the Airline DCS TE is configured and tested as part of the Airline application integration process. This process also includes the integration of any airport systems:
_ The Amadeus Active Directory (AD) service is configured for the Airport domain and operational un its; _ For ACUS, the Thin Client Image is defined and tested; _ The ACUS node table for the Airport is defined;
• The ACUS platform will host the FIDS application to enable users to update the FIDS information ; _ Service Validation Testing is conducted ensure all specific requirements have been addressed and internally approved, prior to installation of any hardware at the airport.
This phase concludes once the Service Validation Testing is complete, and the Amadeus C/SUPPS Platform is confirmed as ready.
C.1.3.4 Airline Integration
For each non-Altéa airline, the Airline Implementation process ensures that connectivity to the Airline’s DCS can be established and the compatibility of the Airline’s application with ACUS is validated. A high -level overview of the process is depicted below.
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Figure 10: Airline Implementation Approach
Amadeus will manage the introduction of each new airline to ACUS via an Airline Implementation Project. Once an airline is implemented on the ACUS platform the configuration of the Airline (setup of launch scripts, user profiles, etc .) to enable that Airline to operate where ACUS is deployed is managed via the Airport Implementation Project.
Figure 11: Synchronization of Airport and Airline implementation approach For each non-Altéa airline, an Airline Implementation project is conducted to enable access to the Airline DCS from the ACUS platform from any device, at any location, and at any time. The key steps within the Airline Implementation project are described below.
C.1.3.4.1 Establish DCS connectivity to ACUS
Figure 12: Establish DCS connectivity to ACUS
The first step in the implementation of non-Altéa airline is for Amadeus and the Airline network engineers to collaborate to enable connectivity between Airline’s DCS host system and the ACUS platform. This step is only required for airlines new to ACUS. Airlines on ACUS at other airports already have connectivity in place.
C.1.3.4.2 Configure DCS TE on ACUS
Figure 13: Configure DCS TE on ACUS
Once connectivity to the non-Altéa DCS is established, the Amadeus Airport Deployment Team will configure the Airline’s Terminal Emulator on ACUS platform to enable it to communicate with the host Airline DCS.
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C.1.3.4.3 Perform ACUS Compatibility Testing
Figure 14: Perform ACUS Compatibility Testing
Once the Terminal Emulator is configured to communicate with the host Airline DCS, the Amadeus Airport Deployment Team will commence ACUS Compatibility Testing of the Terminal Emulator.
This testing involves the Amadeus Airport Deployment Team performing basic, end -to-end functionality testing (e.g., opening of a flight for check-in, printing of boarding passes and bag tags, opening boarding for a flight, boarding a passenger, etc.) of the Airline Terminal Emulator based on test scripts and test logins provided by the Airline. The purpose of this testing is to ensure that in day-to-day operation, the Airline Terminal Emulator will perform as expected at an airport without disrupting other services on ACUS.
Note: This testing does not exercise every possible functional option of the Airline Terminal Emulator – that is the responsibility of the Airline to conduct during the subsequent testing steps.
C.1.3.4.4 Perform Airline Validation Testing
Figure 15: Airline Validation Testing
During this step the Airline IT and/or Operations Team conduct their own validation testing of the Airline Terminal Emulator as configured for the ACUS platform. As ACUS is a cloud-based service, this testing can be conducted remotely from any Airline location where the requisite expertise resides. The purpose of this testing is for the Airline’s staff to confirm that the Airline Terminal Emulator as configured on ACUS is suitable for generic passenger processing operations at any location.
C.1.3.4.5 Perform Operational Trial at the Airport
Figure 16: Operational Trial at Airport
This step in the Airline Implementation project is conducted as part of the Airport Implementation process. Airlines that are ready can begin operation at selected locations under close monitoring of implementation team.
A prerequisite activity for Operational Trial is the Airline Site Acceptance Testing (ASAT). The purpose of the ASAT is for the Airline, or their Service Agent, to test and validate the ACUS service configuration for operation within the airport environment on the deployed hardware. This can be done remotely prior to deploying hardware or directly on Operational Trial counters.
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C.1.3.4.6 Commence Operations at Airport
Figure 17: Commence Operations
During the cutover phase at the Airport, the Airline Operations Team (and/or local Service Agents) work with Amadeus and the Airport staff to enable a smooth cutover to ensure that operations commence on ACUS. In the Master schedule end of Service Configuration Phase is referred by Milestone M02: Service Configuration Completed .
C.1.4 Installation and Verification Phase
Figure 18: C/SUPPS Installation and Verification Phase
This is an important phase of the project and entails the deployment of hardware and peripheral devices at the airport, and the conduct of a limited scope Operational Trial to familiarize the Airport with the C/SUPPS system and provide the platform for Airport-related testing and validation. To enable the Operational Trial, Amadeus will configure the workstations to interface within scope local applications so that functional testing of the solution can be conducted at the airport . The key output from this phase includes:
_ Completion of the testing of the WAN services
_ Rollback Strategy Tested
_ Rollout plan agreed
_ Parallel Run Sign Off
_ Airport and Airline applications UAT Sign Off
C.1.4.1 Operational Trial Complete
Figure 19: Operational Trial Complete Milestone
This milestone is reached once the C/SUPPS system is tested and signoff is obtained to agree that the full deployment and cutover of systems can go ahead as per the project implementation schedule. Once the Operational Trial workstations are established (often alongside existing workstations to enable work in parallel), the following activities can be conducted:
Item 1M - 48
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_ Initial Airport staff C/SUPPS system training, usually confined to “Super Users” to facilitate the completion of the Operational Trial and User Acceptance testing
_ Airline staff (and/or their Service Agents) perform Airline Site Acceptance Testing _ Amadeus and Airport staff facilitate/conduct Airport Operational Readiness Testing which includes Service Performance Testing, Security Testing and On-Airport Service Validation Testing This phase concludes with an assessment of the Operational Trial and an agreement between the Airport and Amadeus that the objectives of the Operational Trial have been satisfied. Once this is achieved, a decision is made on whet her to proceed to the Operational Cutover Phase referred to as “Go Decision for Deployment” in the Master schedule. Outputs required to progress include:
_ Live trials completed for all systems
_ Defects identified and documented
_ Corrective action plan distributed
_ Go Decision for full deployment is reached by all project stakeholder In the master schedule this decision is captured by Milestone M03: Operational Trial Complete .
C.1.4.2 Training Phase
Figure 20: Training Complete Milestone
The main purpose of this phase is to ensure that all staff required to operate and support the C/SUPPS system have received the required level of training, documentation, and knowledge transfer to ensure a smooth transition to the operational phase of the new systems. This will include classroom, off-site and onsite training as appropriate. The outputs of this phase of the project will include:
_ Training materials provided
_ Technician training complete
_ Airline Agent “Train the Trainer” sessions complete
_ Agent training cascaded to all teams
_ Hardware and Software Training complete
_ Help Desk training complete
_ System Administration training complete
_ Operational training complete
_ LAN administration and support training complete
In the master schedule this decision is captured by Milestone M04: Airport Staff fully Trained .
C.1.4.3 Equipment Deployment
This phase typically involves Amadeus:
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_ Facilitating the preparation and phased deployment of hardware onto counters and respective locations ; _ Providing onsite and remote assistance during the commencement of operations.
With equipment deployment on counter, a pragmatic approach will be adopted which may include:
_ Incrementally installing and cutting-over workstations - either one-by-one or in small groups _ Conducting the installation either during business hours or outside of normal hours _ Providing additional Amadeus and/or resources to enable the installation and cut -over of PSP within a period that is as short as possible.
Amadeus will work with the City to identify an agreeable installation and cutover plan that will minimize disruption to the operating airlines and to PSP. In the master schedule this decision is captured by Milestone M05: Infrastructure Fully Deployed.
C.1.5 Operational Cutover Phase
Figure 21: C/SUPPS Operational Cutover Phase
During this phase of the project, the Airport is fully cutover to the C/SUPPS system and operations formally commence using Amadeus systems with current incumbent systems as a backup. This phase typically involves Amadeus:
_ Conducting daily evaluations of the operation;
_ Fine-tuning the operational systems;
_ As the equipment is deployed, the setup is verified. Implementation engineers will follow a script and ensure equipment is operational i.e., verification of back end connectivity and peripherals are working as designed. This will ensure equipment is operationally ready.
Amadeus will work with the City to identify an agreeable rollback plan in case a rollback is required. In the master schedule this decision is captured by Milestone M06: Cutover completed and System Live .
C.1.6 Post Implementation Phase
Following the successful implementation, Amadeus will ensure the project is formally handed over to BAU (Business As Usual). This process ensures that there is no ambiguity between the implementation teams and the support teams. Key activities and outputs during Project Closure include:
_ Closedown activities are formalized and shared with the City for formal review and acceptance _ Lessons learned and post-project reviews are conducted Item 1M - 50
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_ Production availability is assessed and is agreed to be in accordance with the contractual terms _ Production post cut-over status
_ Archiving of Project Documentation is completed in line with Amadeus PMO processes _ Delivery checkpoint and contract review (to confirm that everything has been delivered) In the master schedule this decision is captured by Milestone M07: Project Closure .
Integration between ACUS and the on-premise Voice System will need to be scoped in greater detail and would be done in a second phase with an anticipated date of Q1 2023.
C.1.7 Amadeus Ongoing Support Services
Amadeus provides a variety of ongoing support services to support its airport customers with in optimizing the performance of Amadeus solutions and to manage business processes more effectively. Airport IT environments require customized and adapted service architectures. Our experience shows that each customer, although having the same goals in terms of achieving service excellence, has specific requirements that are best addressed through individual support plans reflecting their immediate needs. Leveraging on our long established and mature global experience in providing mission critical operations, as part of this proposal, Amadeus offers a comprehensive suite of ongoing support services for the proposed solutions. Amadeus proposes to provide the Common/Shared Use Passenger Processing Platform with the support services described in the sections below.
C.1.7.1 Global – Amadeus Service Management Center
The Amadeus Global Service Management Centers (SMC) will be the point of entry for the local field services team to engage regarding issues that occur in the cloud hosted solution outside of Palm Springs International Airport. The team will also engage with SMC on any issues that cannot be resolved locally because they require the involvement of Amadeus partners’ subject matter experts or a central team like Airport IT Research and Development, Vendor Management and Product Management as well as to obtain third level support from the Technology and Platform Engineering team. SMC support teams are part of the Amadeus Customer Service (ACS) department which employs 480 staff. Amadeus provides 24/7 Technical Support Services through its follow-the-sun Service Management Centers (SMC) which are in Sydney, San Jose, and Manila.
Figure 22: Amadeus Customer Service for Service Management Center Item 1M - 51
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The follow-the-sun concept has always been at the core of Amadeus Customer Service as a tried -and-tested way of providing seamless global support to customers. The Amadeus Service Management Centers (SMC) are comprised of specialized global teams. The follow-the-sun concept aims to guarantee that all customers worldwide receive technical and functional support at any time, ensuring business continuity.
C.1.7.2 Global – Amadeus Cloud Operations Team - (Tier 2/3 Level Support) The operation of Amadeus cloud hosted services is managed by the TPE (Technology Platforms and Engineering) organization within Amadeus. TPE in Amadeus combines engineering and operations expertise to create the powerhouse for Amadeus.
Our vision is to build an end-to-end cloud platform unit with top-notch environment, and we aim for zero customer operational impact. TPE is located globally, and we provide 24x7 operational support from “follow -the-sun” operation centers at Erding, Sydney, and Miami. We have in total over 1800 people across over 12 sites.
The support team that runs the day to day operation of the Erding Data Center and also the service managers for high severity incidents belong to the Front-Line Services team which is setup as a 24x7 operation. For any incidents that cannot be resolved by the Front-Line Services team, this team will liaise with the application and infrastructure experts in various areas to further investigate the issue. The application and infrastructure experts are 24x7 on call.
For cloud hosted Severity 1 incidents accepted by SMC, a Service Manager will be invoked and assigned to be the owner of the incident so as to ensure that the service is restored as quickly as possible and ensure that the appropriate resources an d management escalations are applied to achieve service recovery. He or she will oversee the end to end resolution of the incident. Regular email notifications will be sent out to customer to ensure that they are kept informed on the progress of the incident.
C.2 Additional Considerations
C.2.1 Risk Management
Project Risk Management will be managed with the identification, assessment, and prioritization of risks followed by coordinated and economical application of resources to minimize, monitor, and control the probability and/or impact of unfortunate events or to maximize the realization of opportunities. To ensure the success of the C/SUPPS implementation the Program Director will address the following key risk management activities:
_ Risk identification;
_ Risk Analysis;
• Performing qualitative risk analysis;
• Performing quantitative risk analysis;
_ Planning risk responses/Action;
_ Monitoring and controlling risks.
Amadeus will identify and assess project risks using a workshop in the initial phase of the project. The participants will be the Amadeus’ project team, the City’s project team and other relevant City personnel. At the completion of the risk assessment process, Amadeus will ensure all identified risks are recorded and monitored in a risk register. The risk register will be k ept up to date by all parties and will be presented and discussed at each project status meeting. It is expected that new risks will arise or be identified during the project. All new risks shall be captured in the risk register as they arise, and all parti es will track, monitor, and actively mitigate them according to risk management standards.
Item 1M - 52
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RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
C.2.2 Change Management
The management of change during the project lifecycle is critical to successful delivery. Change management will effectively control change and variations to scope, cost, and time. The Contractual Scope of Services will form the baseline for this process. The change management process is as follows:
_ Initiation: Identify and document the change request using the agreed upon Change Request Form. i.e., stating the reason for change, the person who has logged the change request etc. _ Evaluation: Determine
• Effort to analyze the impact: Determine the estimated effort and cost to perform the change impact analysis.
Depending on this assessment and the Project Tolerances, the change could be rejected unless the City has agreed to fund the change impact analysis.
• Change Impact Analysis: Should the analysis from a. above either be within the projects set tolerances or the City has agreed to fund the change impact analysis then assign an impact analysis owner and perform the impact analysis i.e., determine the effort, impact, and cost of the change. _ Approval: The City is required to agree and sign off on the change request form. An approved Change Request is known as a Contract Variation Order (CVO) even if it does not include any additional charges as it represents a formal change to the project scope.
_ Implementation: Amadeus implements the change.
_ Close Out: The City is required to verify and sign off that the change has been implemented correctly within five days of change implementation and completion. This may require an additional purchase order to be provided by the City .
Changes may be initiated by the City as a result of functional or feature requirement changes, market, or regulatory requirements. Situations may occasionally arise where Amadeus initiates a change request, providing the City with more flexible options. In such a situation, attention is directed to the impact and risks of such a change on existing project objectives.
Requested changes to the agreed project baseline will be identified and documented and the impact will be assessed (assessment may be billable). At completion of the assessment, change activity will be carried out upon agreement with the City.
C.3 Key/Critical Issues
Amadeus has identified the key issues encountered on projects of similar size and scope in the table below and has provided steps taken to ensure that the issues identified do not affect the successful delivery of the C/SUPPS project. # Critical Issue Mitigation
1 Lack of airline buy-in • Get airline buy-in up front during project start up and then follow through • Set clear expectations and milestones, develop measurements early in the process and keep airline executives involved with formal status updates 2 Inability to meet with
key staff in a timely
manner
• Get buy-in from all project stakeholders (from top level executives to users and support staff) up front
• Define expectations for the level of involvement and cooperation required for a successful implementation
3 Inadequate physical
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• Prior to project initiation, evaluate the physical space at the airport where work is to be conducted (implementation, testing, training) and confirm that the space is appropriate and can accommodate all project requirements
Item 1M - 53
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14 March 2022 amadeus.com
Section D
Schedule/Quality Control
Item 1M - 54
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
D. Schedule/Quality Control
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41 RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
D.2 Project Communication
Amadeus’ Project Communications Management Plan will focus on the tools, media , and procedures to be used by project team members for communications within the project team, including both the integrated team at the primary project site and Amadeus support staff at other locations. Maintaining consistent, manageable , and well-understood communications protocols between both project teams will be an especially important element of this plan.
Amadeus will work with the City to develop a communication plan identifying a specific strategy to promote communication among team members and detailing specific mechanisms for communicating responsibilities and involvement. This plan will contain:
_ Stakeholder information
_ Reason for the distribution of required information
_ Stakeholder communication requirements
_ Information to be communicated, including format, content, and level of detail _ Person responsible for communicating information
_ Person or groups who will receive information
_ Methods of technologies used to convey the information _ Timeframe and frequency for the distribution of required information and receipt of acknowledgement by the City if applicable
_ Escalation process identifying the time frames and the management chain for escalation of issues that cannot be resolved at the project management level
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RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
_ Method for updating and refining the communications management plan as the project progresses and develops _ Glossary of common terminology
_ Communication constraints
D.2.1 Points of Contact
Amadeus is aware that each system implementation project has a level of magnitude and complexity that requires a clear definition of who among executive leadership will guide and champion the project within both organizations, who will be the decision-makers, and who will be responsible for various key activities. Amadeus will work with the City to establish an Executive Steering Committee. Amadeus has found this oversight from project decision makers helps the success of the project and keeps all stakeholders informed of major project milestones. The Amadeus members on the Executive Steering Committee will include the Amadeus Program Manager and Project Manager.
D.2.2 Project Meetings
The Amadeus Project Manager will facilitate appropriate project meetings, and work with the City Project Manager as appropriate regarding communication to the Project Executive and/or Executive Committee. The following meetings will be scheduled as part of the Common Use Systems Project.
_ Project Kickoff and Orientation Meeting—The Project Kickoff and Orientation meeting will be held after Notice to Proceed. The Amadeus Project Manager, the City Project Manager, and appropriate City stakeholders will attend this meeting. The purpose of this meeting is to introduce the project plan, set project expectations and establish guidelines for leading the project to a successful completion.
• Organization of the Meeting—A specific day and time will be established for the Project Kickoff and Orientation after Notice to Proceed; the Amadeus Project Manager will send out the kickoff meeting materials to all attendees. The meeting will outline the following:
• Project goals and deliverables
• Project team members and responsibilities
• Project assumptions
• Preliminary project plan
• Project success factors
• Key issues and dependencies
_ Weekly Status Meetings—Project Status meetings will be held on a weekly basis. The Amadeus Project Manager, the City Project Manager, and appropriate the City stakeholders will attend these meetings. The purpose of the status meeting is to provide an update on project status, discuss project issues and identify action items to resolve project issues. • Organization of the Meeting—A specific day and time will be established for the Project Status meeting every week. Prior to the meeting, the Amadeus Project Manager will send out the Weekly Project Status Report to all attendees. After the meeting, the project manager will send out the following documentation to all attendees:
• Minutes of the meeting
• Action Items for the subsequent week assigned to specific project personnel • Any updated work products that need to be sent out
_ Executive Steering Committee Meetings—The Executive Steering Committee meetings will be held on a monthly basis.
The Amadeus Program Manager, the Amadeus Project Manager, will attend these meetings, with the City’s designated Executive, and the City Project Manager. The purpose of the executive steering committee meeting is to discuss the overall project status, strategy, and priorities as they relate to project progress, budget, and schedule. These meetings Item 1M - 57
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RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
should address project risks or changes that have an impact on the project scope and budget, and deal with outstanding issues or risk escalations.
• Organization of the Meeting—A specific day and time will be established for the Executive Steering Committee meeting every month. Prior to the meeting, the Amadeus Project Manager will send out the Monthly Project Status Report to all attendees. After the meeting, the project manager will send out the follo wing documentation to all attendees:
• Minutes of the meeting
• Escalated Action Items
D.3 Quality Control Methods
Amadeus conducts Quality Assurance at almost every stage of the release cycle. Its activities include, but not limited to, verification of software functionality, security, and performance, etc.
Figure 23 Amadeus QA Process
The application of quality standards throughout our core business helps us to stay ahead and firmly focused on providing world-class value to all our customers. Amadeus has implemented a quality Improvement methodology which is manifested in a Continuous Service Improvement Plan (CSIP). To ensure the highest possible quality of service and to learn from experience gained during daily operation, a Continuous Service Improvement Plan (CSIP) will be managed by the Amadeus Service Delivery Manager in cooperation with the City. The aim is to impleme nt best practice guidelines for quality improvement and/or business/operational requirements changes, based on:
_ Analysis of experienced operational results
_ Requests for efficiency improvement
_ Business, operational requests for changes and improvements agreed by both parties, via the Change Control _ Generic Service improvement proposition
_ Experience gained by Amadeus on large managed service projects in particular in airport business _ Recommendations made by our partners
Amadeus also maintains a Quality Management System based on the ISO 9001:2008 quality principles, which are embedded into our development, operational service, and business processes. Within this framework, Amadeus has defined a set of Item 1M - 58
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Component
Test
Integration
Test
Acceptance Test
Intern::1I & External
QA prcprodudion
• ' I I
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RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
integrated controls to manage quality, security, and other compliance standards. Employing appropriate project management methodologies, service stability and continual improvement initiatives across the Amadeus business units, ensures that we maintain a high level of focus on current and future customer and industry needs.
D.3.1 ISO standards
As a very basic principle, Amadeus is committed to secure each asset in its responsibility by all measures and means according to data protection and security rules. To comply with the ISO 27001:2013 requirements Amadeus is c ommitted to establishing and maintaining an Information Security Management System (ISMS) that includes the processes, resources, procedures, technologies, and tools needed to ensure confidentiality, integrity and availability of information assets and technological assets that support the Amadeus services. The ISMS Scope covers all the ISMS related processes, assets, interfaces, locations, and technologies to be certified under ISO/IEC 27001:2013.
D.3.2 Business Continuity
Continuous failsafe availability of the Amadeus suite of products and services is business critical to customers. Therefore, Amadeus deploys high–availability system configurations, a high degree of automation and operational best practices to ensure continuous operations. The design and setup of the Data Center: the fire cell concept/architecture allows distribution of systems and data into different server rooms and thus continuous regular operations in case of failure of one. Operational best practices with strong process automation to minimize human errors. Fully resilient n+1 configuration ensures that at least one additional of everything is available, i.e., duplication of system and network devices, multiple network providers, independent power supplies
High-availability system configurations enable the automatic workload redirection without interruption of service. An external back-up system and network control center allows to operate the systems remotely in case the data center building cannot be accessed. Additionally, Amadeus operates a disaster recovery data center, with an enhanced warm stand-by replica of the systems, to ensure continuous operations in case of the complete destruction of the main production facility.
Recovery at the disaster recovery site requires invocation of the Disaster Recovery Plan, which is tested twice a year.
D.3.3 Control based standards
Due to its business, Amadeus acts as a Service Organization for several companies (airlines, airports, and others). SSAE-16, Statement on Standards for Attestation Engagements 16, Reporting on Controls at a Service Organization, is an auditing standard developed by the American Institute of Certified Public Accountants (AICPA) that defines the professional standards used by a Service Auditor to assess internal controls of a Service Organization and issue a report on that subject. A SSAE -16 is a report prepared by an independent auditor on the internal controls at a Service Organization, to be used by User E ntities and User Auditors. To demonstrate its alignment with SSAE-16, Amadeus has developed a set of 430 IT controls spanning over the R&D and Operational activities, based on IT general controls (ITGC). ITCG are controls that apply to all systems components, processes, and data for a given organization. The objectives of ITGCs are to ensure the proper development and implementation of applications, as well as the integrity of programs, data files, and computer operations.
D.3.4 Adherence to standardized processes
Concerning operational processes Amadeus works closely to ITIL version 3.0 specifications, however , has implemented some adaptions due to the technology mix of legacy and state of the art technologies. Hence processes are adapted and/or simplified whenever appropriate.
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Airport IT Confidential Standard
14 March 2022 amadeus.com
Section E
Local Preference
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E. Local Preference
Not applicable.
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Airport IT Confidential Standard
14 March 2022 amadeus.com
Section F
Forms
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F. Forms
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ATTACHMENT "A"
SIGNATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP 11-22)
aMaDEUS
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1) •
NAME OF COlvlPANY(PROPOSER)
Amadeus Airport IT Americas Inc.
BUSINESS
ADDRESS: 501 West. Church Street 3rd Floor Orlando FL 32805 TELEPHONE: (407) 370-4664 CELL PHONE. _______ FAX. _____ _ CONTACT PERSON Chris Keller ElvlAIL ADDRESS [email protected] A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposa I.
Chris Keller, Vice President
P~ NAM_J-AND TITLE
~ ,/4.:--- 03/10/Z022
SIGNATURE AND DATE
S. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful. the contract language should refer to me/my company as:
__ An individual:
__ A partnership. Partners' names:. ____________ _
__ A company:
_lS.... A corporation If a corporation, organized in the state of: De la ware
2. My tax identification number is: --'3"'6,...-4.,_4.,_4""5""1"'9.,,6 _________ _ Please check below IF your firm qualifies as a Local Business as defined in the RFP:
__ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is reg ui red to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed nor..responsive.
In the space provided below. please acknov,ledge receipt of each Addenda:
Addendum( s) # 1 2 is/are hereby acknowledged.
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
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ATTACHMENT "B"
NON-COLWSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP 11-22)
COMMON-SHARED USE PASSE~IGER PROCESSING SYSTEM & SUPPORT "THIS FORM MUST BE COMPLETED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAUWORK PROPOSAL (Electronic File #1)'
The undersigned. deposes and says that he or she is
____ ___,;V:.;.ic"'e'-P""'r""'e"'s;.::id.;:.e1:.:.:1t'--__________ of Amadeus Airport IT Americas, Inc . . lhe party making the foregoing Proposal. Thal the Proposal is nol made in the interests of. or on lhe behalf of. any undisclosed person. partnership, company, association. organization. or corp oration: 1t1at the Proposal is genuine and not collusive or sham: that tt1e Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal. and has not direcUy or indirectly colluded, conspired, connived, or agreed wilh any Proposer or anyone else lo pul in a sham Proposal. or lhal anyone shall refrain from Proposing: lhat lhe Proposer has nol in any manner. diredly or indirectly, sought by agreement, communication, or conference with anyone to fix tile Proposal price of 111e Proposer or any otller Proposer, or to fix any overI1ead. profit, or cost element of the Proposal price, or of that of any other Proposer. or to secure any advantage against the public body awarding tt1e contract or anyone interested in the proposed contract: tt1at all staternents contained in the Proposal are true: and, rut1t1er, 1t1at 1t1e Proposer has not directly or in directly. submitted his or her Proposal price or any breakdown thereof. or the contents thereof. or diwlged information or data relative thereof, or paid, and v,ill not pay, any fee to any corporation. partnership, company, associatioo. organization Proposal depository, or any other member or agent thereof to effectuate a collusive or sI1 am Proposal.
Signature:_~ a- ~z __ ._/4--_____________ _
Title: Vice President
Date 03/10/2022
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ATTACHMENT "C''
CITY OF PALM SPRINGS, CA
aMaDEUS
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR PROPOSAL (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAUWORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant ackno·wledges that no officer or employee of the City has or shall have any direct or indirect fin ancia I interest in this Agreement. nor shal I Co nsu lta nt enter into any agreemen1 of any kind with any such officer or employee during 1he term of this Agreement and for one year thereafter. Consultant warrants that Consultant has no1 paid or given. and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement
Covenant Against Discrimination. In connection ·with its perfonnance under this Agreement, ConsuHant shall not discrimina1e against any employee or applicant for employment because of actual or perceived race. religion. color. sex, age, marital status. ancestry, national origin (i.e.. place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation. gender identity, gender expression, physical or mental disabil~y. or medical condition (each a "prohibited basis"). Consultant shall ensure tha1 applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing th is Agreement. Consultant certifies th at its actions and omissions hereunder sh al I not incorporate any discrimination arising from or re lated to any prohibited basis in any Consultan1 activity, including but not limited lo the following:
employment, upgrodi ng. demotion or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits. rela1ing to non-discrimination in city contracting.
NAME OF CONSULTANTNENDOR: Amadeus Airport IT Americas. Inc.
NAME and TITLE of AuthOrized Representative:
(Print) CHRIS KELLER
Signature and Date of Authorized Representative:
(Sign) - 6-=-... /_._· _£ __ ----------------(Date) 03/10/2022
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
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ATTACHMENT ·'D''
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies. trusts. etc. that seek a City Council approval. or an approval by one of the Cily's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officia Is in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application:
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the officia I might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed,
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What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees. and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.),
Note: (1) only trusts or other organizations that are not the fiduciaries. (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the Cily.
•There are some additional supplementary instructions with an example following the form should you need further clarification.
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
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1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Amadeus Airoort IT Americas. Inc.
Address of Entity (Principal Place of Business)
501 West Church Street, 3rd Floor, Orlando FL 32805
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Florida
aMaDEUS
If other than California, is the Entity also registered in California? n Yes fxl No Type of Entity
ts!I Corporation LJ Limited Liability Company LJ Partnership LJ Trust LJ Other (please specify)
6. Officers, Directors, Membe,s, Managers, Trustees, Other Rduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiducianes for the member, manager, trust, or other entity
Betros Wakim ~ Officer C Director D Member :::J Manager [name] D General Partner D Limited Partner
nather
Chris Ketler ~ Officer n Director n Member n Manager
[name] 7 General Partner n Limited Partner
:::J Other
Maria Sanchez ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 60%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A.
Amadeus IT Groue SA 100%. Amadeus Airport IT Americas. Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
D.
(name of owner/investor) [percentage of beneficial interest in entity and name of entity)
E.
(name of owner/investor) (percentage of beneficial interest in entity and na rne of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Chri~ Keller. Vice Pre$idenl March 20, 2022
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
Item 1M - 70
" D
COHflDEN'tlAL aMaDEUS
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance Vl;th the attached instructions, v.,e provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is OV'med 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i.50%
RFP 11-22: Common/Shared Use Passenger Processing System and Support 14 March 2022 amadeus.com
Item 1M - 71
" D
COHflDEN'tlAL aMaDEUS
ATTACHMENT "E"
REFERENCES
REQUESTS FOR PROPOSALS (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT Reference 1
Organization name: Contact and title:
LAX6 Consortium LLC Christian Beghi, General Manager
Address: Phone number: (310) 801-2625
1 World Way, Los Angeles, CA 90045
Email Address: [email protected]
Effective date of contract: Value of Contract:
November 2017 $2.5M
Description of products/services provided:
Airport Common Use Services. Airport Operational Database, Flight Information Display System.
Resource Management System
Reference 2
Organization name: Contact and title:
Southwest Florida International Airport Philip Murray, Director, Information Technology Address: Phone number: (239) 590-4541
11000 Terminal Access Road, Suite 8671, Fort
Myers, FL 33913 Email Address: [email protected]
Effective date of contract: Value of Contract:
September 2015 $1.5M
Description of products/services provided:
Airport Common Use Services, Cisco VoIP Interface, Common Use Self Service Kiosks Reference 3
Organization name: Contact and title:
Myrtle Beach International Airport Scott Von Moppes. Director of Airport Address: Phone number (843) 839- 7362
1100 Jet Port Rd, Myrtle Beach, SC 29577
Email Address: [email protected]
Effective date of contract: Value of Contract:
August 2011 $3M
Description of products/services provided:
St 10.r eu Use Passenger P1 uce:;,;irig Sy:;tern, Lucc:11 De[Jal Lui e Cu rill ul System, Ai1 [JUI I O[Jerc1liunc1I Dc:11.o.bo.se, Resource Managemert System, Common Use Self Service Kiosks, Fligh: Information Display System (FIDS), PROPworks®Property & Revenue Managemert System IE:::J Paging System, Mi:el Telephony System
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Item 1M - 72
CITY COUNCIL STAFF REPORT
06/30/2022 1. N.
City Clerk -
SUBJECT
APPROVE SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR THE
AIDS MEMORIAL PUBLIC ARTS PROJECT FOR THE DOWNTOWN PARK RECOMMENDATION:
Appropriate funds in the amount of $65,000 from the Public Arts Fund Balance in Fiscal Year 2023.
1. Approve funding in the amount of $65,000 of Fiscal Year 2023 Public Art Funds for preparation and installation costs of the AIDS Memorial Sculpture at the Downtown Park.
2. Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation costs of the artwork.
3. Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: June 30, 2022 CONSENT CALENDAR
SUBJECT: APPROVE SITE INSTALLATION COSTS IN THE AMOUNTOF $65,000
FOR THE AIDS MEMORIAL PUBLIC ARTS PROJECT FOR DOWNTOWN
PARK
FROM: Justin Clifton, City Manager
BY: Community & Economic Development Department
SUMMARY:
The Public Arts Commission is requesting approval to fund $65,000 for site preparation and installation costs of the AIDS Memorial Sculpture (the Artwork) being donated by Philip K. Smith, III, an internationally recognized local artist (the Artist), to the City for the Downtown Park.
RECOMMENDATION:
1. Appropriate funds in the amount of $65,000 from the Public Arts Fund Balance in Fiscal Year 2023.
2. Approve funding in the amount of $65,000 of Fiscal Year 2023 Public Art Funds for preparation and installation costs of the AIDS Memorial Sculpture at the Downtown Park.
3. Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation costs of the artwork.
BUSINESS PRINCIPAL DISCLOSURE:
See Attachment A.
BACKGROUND:
At the June 16, 2021, Public Arts Commission meeting, the Public Arts Commission unanimously approved a motion to accept the donation of the Artwork by the Artist for the Downtown Park.
Item 1N - 1
City Council Staff Report
June 30, 2022 -- Page 2
AIDS Memorial Installation Costs
The proposal was also presented to the Parks and Recreation Commission at its July 26, 2021, meeting to discuss placement of the Artwork at the Downtown Park. The Parks and Recreation Commission requested the artist also seek input from the Downtown Park Task Force. However, as that task force had been disbanded the request was brought forward to the City Council for its consideration.
The City Council accepted the donation at the September 30, 2021, City Council Meeting.
On May 26, 2022, the City received a request from the AIDS Memorial Sculpture Task Force to pay for the costs of site preparation and installation for the Artwork in the amount of $65,000.
At the June 15 , 202 2, Public Arts Commission meeting, the Public Arts Commission unanimously approved a motion to provide $65,000 in Public Art Funds for prepar ation and installation costs of the Artwork in the Downtown Park.
STAFF ANALYSIS:
The Artwork is being designed specifically for the site by Artist . The location of the sculpture will be in the center of the Downtown Park, located at the northwest corner of Museum Road and Belardo Way. The Artwork is to be donated to the City at no cost and will become a permanent fixture in the Downtown Park. The cost to produce the artwork is estimated to be $500,000. The Artist is requesting assistance from the City in the amount of $65,000, as follows:
Site Preparation $ 15,000
Installation 40,000
Lighting 10,000
Total $ 65,000
A detailed preliminary installation budget is provided in Attachment B . The items highlighted in the attached Preliminary Installation Budget are what the $65,000 will cover.
The balance of the installation costs ($19,000) will be covered by fund raising efforts by the AIDS Memorial Sculpture Task Force.
According to Section 3.37.040 (d) of the Palm Springs Municipal Code, permissible expenditures include:
• The cost of artwork and its installation and maintenance • Waterworks, landscaping, lighting, signage, and other objects which are commissioned from an artist as an integral aspect of a structure or site, or which are necessary for the proper aesthetic presentation and structural placement of artwork
• Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork
Item 1N - 2
City Council Staff Report
June 30, 2022 -- Page 3
AIDS Memorial Installation Costs
The piece will be carved out of limestone, have a modest foundation area (15 feet by 15 feet), and will require electrical conduit for basic up-lighting. Adjacent signage will provide the Artwork name a website link (QR code) to a database for names and stories of individuals being memorialized along with links to local health and educational resources (DAP, AAP, The Center, etc.) and web access to the National AIDS Memorial and the AIDS Memorial Quilt. The Artwork concept is shown in Figure 1 and Figure 2 below.
Figure 1
“Palm Springs AIDS Memorial” by Phillip K Smith, III
Front Face
Item 1N - 3
~ 9 ~ en en r-
City Council Staff Report
June 30, 2022 -- Page 4
AIDS Memorial Installation Costs
Figure 2
“Palm Springs AIDS Memorial” by Phillip K Smith, III
Back Face
The proposed location is shown in Figure 3 and was selected by the artist, Palm Springs AIDS Memorial Task Force, Rios Clemente Hale, and City Staff.
Figure 3
Proposed Site
Item 1N - 4
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,~-:-:-_-:_-:.-:-=---=-e.-..!. =---_ --::_ =-__ --__ --_-_- __ --~M:U~S:E~U:MW=A~Y~--------------~--PARCEL A
PARCEL B
City Council Staff Report
June 30, 2022 -- Page 5
AIDS Memorial Installation Costs
The proposed site meets the site criteria under Section 3.37.080 (b) Art Site Acceptability which states:
“When selecting the location for art purchased through the public arts fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc.
Lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.”
ENVIRONMENTAL ASSESSMENT
:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:
Approval of this action includes an appropriation of $65,000 from the Public Arts Fund Balance in Fiscal Year 2023.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Business Principal Disclosure
B. Preliminary Installation Budget
Item 1N - 5
ATTACHMENT A
BUSINESS PRINCIPAL DISCLOSURE
Item 1N - 6
Item 1N - 7
PUBLI C INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle Initial) E-rnall Address :5 r EN C,,cJ(_ 1 f'/1-Nt/Fl le 411h@d1 ns,e.J.4(Jb"$fvd.o. U//fl\ Position/Title
5(>#6f l'atJP/V H/(.,/7/fLA/ 1fl(.i/l/(,5,+10J' ,,t/lf11(t)JZ,/,1t_JcU.,"lllU r,1;;: NIZCE Address ,# 717P al/ 5 P~ C~Yc#'
/)_.._ M ,T/' ,It/A.I($ r .; I!!,/' 9-z 2, ff'
'Norh PttontH Reporting Status
Cell Phone: New Disclosure:
7btJ · f,2 -'7Y~~
Update:
Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.
In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.
A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).
A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following :
1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;
2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;
3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;
4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application .
Item 1N - 8
Organization/ Type of organization : Owners hip Interest: Positio n: No f[nclude the address, city and state where the longer
he organization is located) held :
1 />-H-M f /'e,i>l~<J #P5 MnV/P~',,t, 5?~~41 ,
5t::ur lV~ f;ffK- F<l/t.<-E /) /J~t:J/V
2 3
4 5.
6,
~ n;, A-LL r!Ht- t=,tUE /l"l!'Mf30d. ;k€ vowµ'1E'E';f!.s - WtJ UHIIA/5.,ri/f!W P-' r lft'Ar.-r11 ,f' <HI~ F rsOK, PIM'~' ~ ,l,6tw r-
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE O F CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
, l,~afa
On the basis of Information contained In this report , I conclude that the flier is Jn , .
~ompllance with Palm Springs Municipal Code Section 2 60 except as noted In the comments" box below, · '
Comments:
Signature and Title of Agency"s Final Revl-lng Officia l
ATTACHMENT B
PRELIMINARY INSTALLATION BUDGET
Item 1N - 9
Item 1N - 10
NEON
FAB
STUDIOS
DESIGN I FABRICATION I COMMUNITY
AIDS MEMORIAL
Palm Springs, CA
Preliminary Installation Budget
June 9, 2022
Sean Kizy
248.762.1709
[email protected]
www.neonfabstudios .com
Description Qty Rate Unit Cost
Project Management (% less contingency) 10% $55,000 $5,500 Foundations, Engineering, & Site Prep 1 $15,000 $15,000 Coordination with stone fabricator for anchorage detail 1 $1,500 $1,500 Foundation drawings and structural engineering, inlcuding sign 1 $3,500 $3,500 Contractor on site work
- Coordination with structural engineer
- Preparing foundation opening
- Setting plywood formwork
- Delivery and pouring of concrete
- Embedment of anchors to receive sculpture 1 $10,000 $10,000 Installation 1 $40,000 $40,000
Crane rental, pickup and delivery 1 $7,500 $7,500
Road Closure and permitting 1 $1,500 $1,500
Un crating 1 $2,000 $2,000
Stone installers (2-3 ppl for 2 days)
- Stone fabricator on site for installation overview
- Placement and attachment to foundation
- Final stone cleaning and polishing 1 $20,000 $20,000
Crate and packaging disposal of wood and steel armature 1 $3,500 $3,500 Landscaping following sculpture's placement 1 $2,500 $2,500 Artist Studio on site (2 days) 1 $3,000 $3,000
Lighting 1 $10,000 $10,000
Lighting includes (4) ingrade fixtures . Please note that our current budget for lighting is a place-holder as the final fixture has not yet been selected. Additionally, the underground electrical work associated with the lighting should be taken care of by the City. The intention is for the up-lighting to match the selected manufacturer chosen by RIOS for the park so there is consistency.
Signage 1 $5,000 $5,000
PM Flights (roundtrip NYC<>PS) 1 $600 $600
PM Accommodations 2 $175 $350
Installation Contingency 10% $75,500 $7,550
TOTALI $84,oool
Item 1N - 11
EXCLUSIONS & ASSUMPTIONS
Sales Tax excluded . Assumes tax exemption through Desert AIDS Project.
Costs shown represent a preliminary budget ahead of final fabrication estimat ion.
Total costs and contingencies subject to change.
CITY COUNCIL STAFF REPORT
06/30/2022 1. O.
City Clerk -
SUBJECT
REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 48 (ON-SALE GENERAL –
PUBLIC PREMISES) LICENSE IN CONJUNCTION WITH THE OPERATION OF A NIGHTCLUB (PRETTY FACES) AT 150 SOUTH INDIAN CANYON DRIVE, ZONE R-A (CASE 5.1551 PCN)
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN).”
Attachments
Item 1O
CITY COUNCIL STAFF REPORT
DATE: JUNE 30, 2022 CONSENT CALENDAR
SUBJECT: REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A T YPE 48 ( ON-SALE GENERAL – PUBLIC PREMISE S) LICENSE IN CONJUNCTION WITH THE OPERATION OF A NIGHTCLUB (PRETTY FACES) AT 150 SOUTH INDIAN CANYON DRIVE, ZONE R-A (CASE 5.1551 PCN)
FROM: Justin Clifton, City Manager
BY: Development Services – Planning Division
SUMMARY:
Pretty Faces, LLC, has initiated the application process for a California Department of Alcoholic Beverages Control (ABC) Type 48 (On Sale General – Public Premises) liquor license as part of a nightclub use that was recently approved by the Planning Commission within the existing hotel located at 150 South Indian Canyon Drive. The subject property is located within a Census tract area which is identified by the ABC as an area of undue over-concentration of liquor licenses. The applicant is therefore requesting the City Council make a determination of public convenience or necessity for the sale of liquor for the proposed use.
RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC
CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN).”
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form is included as Attachment 4 to this report.
Item 1O - 1
City Council Staff Report
June 30, 2022 – Page 2
Case 5.1551 PCN – Pretty Faces Nightclub
PROJECT DESCRIPTION:
In December 2020, Hotel Zoso was purchased by Christine and Omar Lee, and underwent cosmetic remodeling. The nightclub use , which was previously owned and operated as part of the Hard Rock Hotel, has now been separated from the hotel ownership and is currently leased by Pretty Faces, LLC . The nightclub area will not increase in size and no exterior modifications are proposed.
Pretty Faces nightclub will operate separately from the hotel and will provide a full-service bar, dancing, and entertainment. Entertainment includes live shows such as comedy and drag shows. The tenant space will be divided into two sections: a semi-circular bar, with bar table seating to seat approximately 35 bar stools, and the dance area with six (6) VIP booths located around the dance floor area to accommodate 60 patrons . The proposed hours of operation are Wednesday through Sunday from 8:00PM to 2:00 AM.
BACKGROUND:
In conjunction with the nightclub operation, t he applicant has applied for a Type 48 Off- Sale (On Sale General – Public Premises) liquor license through the California Department of Alcoholic Beverage Control (ABC) to sell beer, wine, and distilled spirits for consumption on premises. As a part of this proc ess, the applicant is requesting a determination of public convenience or necessity in accordance with Division 9 of the State of California Business and Professions Code.
The ABC identifies the Type 48 license as follows:
(Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Additionally, a California Type 48 liquor license holder may sell both beer and wine for off premises consumption. Minors are not allowed to enter and remain. Food service is not required.
Pursuant to Section 23958 of the State of California Business and Professions Code, the ABC is required to “… deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 .” Section s 23958.4(a)(2) defines the “undue concentration”, as follows:
Date Actions/Events
03/23/2022 The Planning Commission voted 7 -0 to approve the request for a Conditional Use Permit (Case 5.1551 CUP) to operate a
nightclub/cocktail lounge at the subject property.
06/13/2022 Pretty Faces Nightclub submitted a request for Resolution of Public Convenience and Necessity.
Item 1O - 2
City Council Staff Report
June 30, 2022 – Page 3
Case 5.1551 PCN – Pretty Faces Nightclub
As to on-sale retail license applications, the ratio of on- sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on- sale retail licenses to population in the county in which the applicant premises are located.
However, Section 23958.4(b)(2) states that a liquor license may nevertheless be issued in an area of undue overconcentration when “… the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance... ”. Therefore, the applicant is seeking a finding of public convenience or necessity from the City Council to allow ABC to issue a liquor license notwithstanding the undue overconcentration of liquor licenses in the Census tract.
STAFF ANALYSIS:
The s
ubject property is located within Census t ract number 9414, which is co terminous with the boundaries of Section 14. According to the applicant’s ABC application, there are already eleven (11) type 48 on-sale general public premises liquor licenses issued within this Census tract; however, per ABC regulations, only two licenses are permitted within the tract. Census Tract 9414 has a population of 3,987 residents within 1- square mile, and the addition of a Type 48 license for the Pretty Faces Nightclub will not cause the ratio per person to be excessive. The other approved licenses within the Census tract are as follows:
• Street Bar
• Hunters Palm Springs
• Quadz
• Tryst
• Chill Bar
• Eagle 501 Bar
• Copa Nightclub
• Hotel Zoso
• The Evening Citizen
• V Wine Lounge
• Wight James Mortensen
Item 1O - 3
City Council Staff Report
June 30, 2022 – Page 4
Case 5.1551 PCN – Pretty Faces Nightclub
Below is an image showing the Census Tract data and area:
Census Tract 9414
The proposed liquor license would serve the public convenience or necessity based upon the following:
• General Plan. The site is located within the Central Business District designation of the 2007 General Plan Land Use Element, which states on Page 2-7: “The CBD serves as the main activity center and cultural core of the community… theaters, museums, retail, and other entertainment venues are encouraged.” The proposed nightclub use is in harmony with the goals and policies of the General Plan as follows:
o Policy LU7.1: Encourage a diversity of high- quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City. o Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both daytime and evening activity.
o Policy CD30.3: Encourage uses that maintain extended evening hours and support nighttime activity in the downtown.
• Section 14 Specific Plan . The Section 14 Specific Plan identifies the site as Resort Attraction, which is intended for large-scale resort hotel complexes, hotels and major commercial recreation attractions integrated with retail and entertainment facilities. The prior use was as a nightclub and the area is consistent with surrounding use including restaurants, nightclubs, cocktail lounges, and retail shops.
• Compatibility. The project site is located on a Major Thoroughfare, South Indian Canyon Drive, near the center of the Central Business District. The project site is
3.51-acres in size, and it is adequate in size and suitable for the proposed use.
The sale of alcoholic beverages as part of a nightclub will contribute to diversifying products and services the area has to offer to local residents and visitors. The approval of the PCN will add to the attractiveness of the new business.
Item 1O - 4
Census Tract 9414, Riverside,
CA
3,987 1 square miles
Population 4,020 people per square mile
Census data: ACS 2020 5-year unless noted
PalmSpnngs
+
PalmSpr
Int rnat,onal
City Council Staff Report
June 30, 2022 – Page 5
Case 5.1551 PCN – Pretty Faces Nightclub
In addition, on March 23, 2022, the Planning Commission found that the propose d use met findings necessary to grant a Conditional Use Permit for the proposed nightclub operation. Several conditions of approval were imposed to ensure the use is compatible with the surrounding area, not detrimental to other uses in the Resort Attraction district and protects the public health, safety and welfare.
Considering the above, Staff recommends the City Council find that the issuance of the requested liquor license is suitable for the area and will serve the public conv enience. A draft resolution of approval is attached to this report.
ENVIRONMENTAL ASSESSMENT
:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Planning Commission found that the project is categorically exempt from further env ironmental review pursuant to Section 15301 (Existing Facilities). The project will result in a transfer of ownership for the nightclub use. Further, through compliance with the conditions of approval, there are no special environmental circumstances or concerns with this project that would create an “exception to an exception” under CEQA Guidelines Section 15300.2 and necessitate further environmental review
FISCAL IMPACT:
No fiscal impact.
REVIEWED BY:
Assistant Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
1. 5 00’ Vicinity Map
2. Draft Resolution
3. Justification Letter
4. Public Integrity Disclosure Form
5. PC Resolution for Case 5.1551 CUP
6. Site Plan/Floor Plan
Item 1O - 5
ATTACHMENT #1
Item 1O - 6
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
5.1551 CUP
Pretty Faces Nightclub
150 South Indian Canyon Drive
Item 1O - 7
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ATTACHMENT #2
Item 1O - 8
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE
PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL
LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB
LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN
CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN).
WHEREAS, Pretty Faces LLC , Applicant, has submitted an application to the California Department of Alcoholic Beverage Control (ABC) for issuance of a Type 48 (On Sale General Public Premises) alcohol license in conjunction with the operation of a nightclub and cocktail lounge use located at 150 South Indian Canyon Drive, Census Tract No. 9414, Zone R-A; and
WHEREAS, the California Department of Alcoholic Beverage Control (ABC) has determined that there are 11 existing on-sale alcohol licenses issued within Census tract number 9414 while only two (2) such permits would be allowed based on population in the County and the census tract in which the applicant’s premise is located; and
WHEREAS, the California Department of Alcoholic Beverage Control (ABC) has determined that there is an “undue concentration” of alcohol -related licenses in the Census tract number 9414; and
WHEREAS, pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license; and
WHEREAS, the Applicant submitted an application to the City of Palm Springs for a resolution of convenience or necessity, Case 5.1551 PCN, for the addition of a Type 48 liquor license within Census Tract 9414 for the proposed nightclub/cocktail lounge use at 150 South Indian Canyon Drive; and
WHEREAS, The proposed liquor license would serve the public convenience or necessity based upon the following:
• General Plan . The site is located within the Central Business District designation of the 2007 General Plan Land Use Element, which states on
the community… theaters, museums, retail, and other entertainment venues are encouraged.” The proposed nightclub use is in harmony with the goals and policies of the General Plan as follows:
o Policy LU7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City.
o Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both daytime and evening activity.
Item 1O - 9
Resolution No. _____
o Policy CD30.3: Encourage uses that maintain extended evening hours and support nighttime activity in the downtown.
• Section 14 Specific Plan. The Section 14 Specific Plan identifies the site as Resort Attraction, which is intended for large- scale resort hotel complexes, hotels and major commercial recreation attractions integrated with retail and entertainment facilities. The prior use was as a nightclub and the area is consistent with surrounding use including restaurants, nightclubs, cocktail lounges and retail shops.
• Compatibility. The project site is located on a Major Thoroughfare, South Indian Canyon Drive, near the center of the Central Business District. The project site is 3.51- acre in size, and it is adequate in size and suitable for the proposed use. The sale of alcoholic beverages as part of a nightclub will contribute to diversifying products and services the area has to offer to local residents and visitors. The approval of the PCN will add to the attractiveness of the new business.
WHEREAS, on March 23, 2022, the Planning commission found the proposed use met findings necessary to grant a Conditional Use Permit, Case 5.1551 CU P, for the proposed nightclub operation and imposed conditions of approval to ensure the use is compatible with the surrounding area, not detrimental to other uses in the Resort Attraction district and protects the public health, safety and welfare; and
WHEREAS, on June 30, 2022, the City Council at a noticed public meeting, considered the PCN application including the staff report and all written and oral testimony provided in conjunction with the application.
THE CITY COUNCIL OF THE CITY OF PALM SPRIN GS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That the public convenience would be served by the issuance of Type 48 (On Sale General Public Premises) liquor license in conjunction with the proposed nightclub/cocktail lounge use located at 150 South Indian Canyon Drive , Census Tract No. 9414.
ADOPTED THIS 30TH DAY OF JUNE, 2022
.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 1O - 10
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim 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 Spring s on June 30, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 1O - 11
ATTACHMENT #3
Item 1O - 12
PRETTY FACES, LLC – 150 S INDIAN CANYON DR., SUITE B, PALM SPRINGS, CA 92262 760-799-8800 [email protected] WWW.PRETTYFACESNIGHTCLUB.COM
February 1, 2022
Justification Letter for CUP
Pretty Faces is a proposed name and ownership change for the nightclub located at Hotel Zoso in the City of Palm Springs, California. In December of 2020, Hotel Zoso was purchased by Christine and Omar Lee and is undergoing a cosmetic remodel. As part of that purchase, the nightclub space, which was originally built-out when the hotel was branded as Hard Rock and operated as Bardot, and more recently as “The Club” has now been separated from the Hotel with its own address and leased by Pretty Faces LLC to operate as an independent nightclub from the daily hotel operations. As part of this separation, Pretty Faces has secured its own Type 48 Liquor License and is requesting a Conditional Use Permit for its use at this location.
Stylish yet playful, Pretty Faces will become a social hub for tourists in Palm Springs. The vibe is California cool and inclusive, with cosmetic upgrades emulating this philosophy. Brighter colors, creative murals, lava lamps, and whimsical aspects such as a giant concrete dinosaur over the main bar, are some examples of the venues’ transformation.
Pretty Faces is being developed by the owner of Bart Lounge, Michael Murphy.
Bart Lounge is a well-known locals bar in Cathedral City that caters to hipsters and the “cool kids” with a variety of arcade games, tournaments, dance parties and an overall chill and meet venue. While Pretty Faces will mirror some of the features found at Bart Lounge, Michael’s intention is to create a new breed of nightclub specifically geared toward the hotel clientele and the Palm Springs tourist market.
Pretty Faces creates a more interactive experience with guests by providing visual mediums that excite the guest in a happy, more entertaining environment with color changing murals, LED panels, mosaic art pieces, arcade games and music selections that invigorate, and not aggravate. Guests will enjoy a friendly, inclusive, safe venue similar to the experience at Bart Lounge.
The venue plans to operate as a nightclub Wednesday through Sunday between the hours of 8pm and 2am. In addition to its nightclub operation, Pretty Faces intends to host a male dance show geared toward bridal parties, a comedy show and eventually a drag brunch to truly create a multi-faceted venue.
Item 1O - 13
T HE NIGHTC L UB A T HOTEL ZOSO
PRETTY FACES, LLC – 150 S INDIAN CANYON DR., SUITE B, PALM SPRINGS, CA 92262 760-799-8800 [email protected] WWW.PRETTYFACESNIGHTCLUB.COM
Pretty Faces intends to employ the following number of staff, for a total of 24 new jobs created in Palm Springs;
Bartenders - 6
Barbacks - 4
Servers (VIP) - 3
Door Hosts / Security - 6
VIP Hosts - 1
Cleaners - 2
Managers – 2
We believe an additional 10-12 positions will be hired at the Hotel due to increases in room rentals, valet parking and overall greater use of the Hotel’s assets. Further, under a separate agreement with Hotel Zoso, Pretty Faces is charged with programming the Hotel’s pool parties and lobby entertainment so we can maintain a cohesive and consistent message of safe, responsible fun throughout the property. Bart Lounge and Pretty Faces have been co-hosting the Hotel Zoso pool parties since August with great success.
Pretty Faces, Hotel owners Christine and Omar Lee, as well as the Hotel’s Management Company, Columbia Hospitality, confidently believe that with our combined expertise in operations, management and marketing, Pretty Faces will become a nationally recognized venue that will be the model for the future of nightclubs providing by safe, clean fun for the dancer in all of us.
Respectfully,
Michael Murphy
Managing Member
Item 1O - 14
ATTACHMENT #4
Item 1O - 15
Item 1O - 16
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Pretty Faces LLC
2. Address of Entity (Pr inciple Place of Business)
150 S Indian Canyon Dr, Suite B, Palm Springs , CA 92262
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State Californ ia
If other than California, is the Entity also reaistered in California? n Yes n No
5. Type of Entity
D Corporation ~ Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers , Directors , Members , Managers , Trustees, Other Fiduciar ies (please specify) Note: If any response is not a natural person , please identify all officers , directors , members , managers and other fiduciaries for the member, manager , trust or other entity Michael Murphy D Officer D Director ~ Member ~ Manager
(Revised 05/16/19)
[name]
D General Partner D Limited Partner
other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
other
O Officer O Director O Member O Manager
[name]
D General Partner D Limited Partner
other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLI CANT DISCLOSURE FORM
Michael Murphy, Owner
Pretty Faces LLC
Item 1O - 17
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
Michael Murphy 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
0 .
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosin Party, Printed Name, Title Date
2/16/22
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
ATTACHMENT #5
Item 1O - 18
Item 1O - 19
RESOLUTION NO. 6911
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1551, A CONDITIONAL USE
PERMIT (CUP) APPLICATION TO OPERATE A
NIGHTCLUB / COCKTAIL LOUNGE USE LOCATED
WITHIN AN EXISTING HOTEL, LOCATED AT 150
SOUTH INDIAN CANYON DRIVE, ZONE RA
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. Pretty Faces, LLC ("Applicant") has filed a Conditional Use Permit application, Case 5.1551 CUP, with the City pursuant to Section 94.02.00 of the Zoning Code to operate a nightclub/ cocktail lounge within a 4,200-square foot space within an existing hotel located at 150 South Indian Canyon Drive, Zone Section 14 Specific Plan -RA, APN#: 508-081-008.
B. The RA (Resort Attraction) Zone permits nightclubs and cocktail lounges with the approval of a Conditional Use Permit, pursuant to the Section 14 Specific Plan.
C. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1551 CUP, was given in accordance with applicable law.
D. On March 23, 2022, a public hearing on the application was held by the Planning Commission in accordance with applicable law.
E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") and has been determined to be Categorically Exempt (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines The project will result in a transfer of ownership for the nightclub use. Further, through compliance with the conditions of approval, there are no special environmental circumstances or concerns with this project that would create an "exception to an exception" under CEQA Guidelines Section 15300.2 and necessitate further environmental review
F. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented.
G. In accordance with Section 94.02.00 (Conditional Use Permit) of the Zoning Code, the Planning Commission finds as follows:
a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Section 14 Specific Plan, nightclubs and cocktail lounges are permitted Item 1O - 20
Planning Commission Resolution No. 6911
Case 5.1551 CUP-Pretty Faces, LLC
March 23, 2022
in the RA zone with approval of a Conditional Use Permit. The proposed cocktail lounge is located within a resort hotel, and is surrounded by restaurants, cocktail lounges and bars. The location is fitting for the proposed use and is authorized in the Section 14 Specific Plan.
b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
As noted in the Section 14 Specific Plan, the Resort Attraction area is intended for large-scale resort hotel complexes, hotels and major commercial recreation attractions integrated with retail and entertainment facilities. The prior use was as a nightclub and the area is surrounded by restaurants, nightclubs, cocktail lounges and retail shops. Additionally, Page 2-7 of the 2007 General Plan Land Use Element denotes, "The CBD serves as the main activity center and cultural core of the community ... theaters, museums, retail, and other entertainment venues are encouraged."
The proposed restaurant / nightclub use is in harmony with the goals and policies of the General Plan as follows:
• Policy LU7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City.
• Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both daytime and evening activity.
• Policy CD30.3: Encourage uses that maintain extended evening hours and support nighttime activity in the downtown.
Based on the foregoing, the use is in harmony with the General Plan and Section 14 Specific Plan and will provided a desirable use for its location downtown. In addition, the use will be conditioned to ensure no detrimental impacts to other uses permitted in the RA zone district. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
Item 1O - 21
Planning Commission Resolution No. 6911
Case 5.1551 CUP-Pretty Faces, LLC
March 23, 2022
The project site is fully developed within an existing resort hotel and is approximately 4,200-square feet in size. It is located within the RA zone and CBD designation, where nightclub uses are encouraged. The hotel and the nightclub will continue to share parking, which is located underground. Since the size of the nightclub is not increasing, additional parking spaces are not required. The total number of parking spaces is 165 spaces, which includes 13 ADA spaces.
Therefore, the site for the proposed use is adequate in size and improvements to accommodate the nightclub.
d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.
The site fronts Indian Canyon Drive, a major thoroughfare on the City's Circulation Map. It is also in the pedestrian-oriented downtown and is served by major transit lines along Palm Canyon Drive. The use is proposed within the assembly area of the existing hotel and is not anticipated to impact adjacent streets. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards.
The nightclub use is proposed to include an indoor dance floor that will also accommodate periodic live performances by singers, comedians and drag show performers. The proposed conditions of approval include requirements for addressing security, noise and light impacts that may be generated by the proposed use such that no nuisances or adverse impacts occur.
Item 1O - 22
Planning
Commission
Resolution
No.
6911
Case
5.1551
CUP -
Pretty
Faces,
LLC
THE
PLANNING
COMMISSION
RESOLVES:
March
23,
2022
Page4
of4
That
the
findings
and
determinations
reflected
above
are
true
and
correct
and
are
incorporated
by
this
reference
herein
as
the
cause
and
foundation
for
the
action
taken
by
and
through this
Resolution.
Based
upon
the
foregoing,
the
Planning
Commission
hereby
approves
Case
No.
5.1551,
a
Conditional
Use
Permit
(CUP)
to
allow
a
nightclub/
cocktail
lounge
within
the
existing
building
located
at
150
South
Indian
Canyon
Drive,
subject
to
the
conditions
set
forth
in
the
attached
Exhibit
A
ADOPTED
this
23 rd
day
of
March
2022.
AYES:
AYLAIAN,
ERVIN,
HIRSCHBEIN,
MILLER,
MORUZZI,
ROBERTS,
WEREMIUK
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
ATTEST: David
Newell,
AICP
Assistant
Director
of
Planning
CITY
OF
PALM
SPRINGS,
CALIFORNIA
Item 1O - 23
RESOLUTION NO. 6911
EXHIBIT A
Case 5.1551-CUP
Pretty Faces
150 South Indian Canyon Drive
APN: 508-081-008
March 23, 2022
Nightclub/ Cocktail Lounge
CONDITIONS OF APPROVAL
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1551-CUP.
ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped February 7, 2022, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1551-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter Item 1O - 24
Resolution
No.
6911
Conditions
of
Approval
Case
5.1551-CUP
March
23,
2022
and
pay
the
City's
associated
legal
costs
or
will
advance
funds
to
pay
for
defense
of
the
matter
by
the
City
Attorney.
If the
City
of
Palm
Springs
fails
to
promptly
notify
the
applicant
of
any
such
claim,
action
or
proceeding
or
fails
to
cooperate
fully
in
the
defense,
the
applicant
shall
not,
thereafter,
be
responsible
to
defend,
indemnify,
or
hold
harmless
the
City
of
Palm
Springs.
Notwithstanding
the
foregoing,
the
City
retains
the
right
to
settle
or
abandon
the
matter
without
the
applicant's
consent,
but
should
it
do
so,
the
City
shall
waive
the
indemnification
herein,
except,
the
City's
decision
to
settle
or
abandon
a
matter
following
an
adverse
judgment
or
failure
to
appeal,
shall
not
cause
a waiver
of
the
indemnification
rights
herein.
ADM
6. Maintenance
and
Repair.
The
property
owner(s)
and
successors
and
assignees
in
interest
shall
maintain
and
repair
the
improvements
including
and
without
limitation
all
structures,
sidewalks,
bikeways,
parking
areas,
landscape,
irrigation,
lighting,
signs,
walls,
and
fences
between
the
curb
and
property
line,
including
sidewalk
or
bikeway
easement
areas
that
extend
onto
private
property,
in
a
first
class
condition,
free
from
waste
and
debris,
and
in
accordance
with
all
applicable
law,
rules,
ordinances
and
regulations
of
all
federal,
state,
and
local
bodies
and
agencies
having
jurisdiction
at
the
property
owner's
sole
expense.
This
condition
shall
be
included
in
the
recorded
covenant
agreement
for
the
property
if required
by
the
City.
ADM
7. Time
Limit
on
Approval.
Approval
of
the
Conditional
Use
Permit
(CUP)
shall
be
valid
for
a
period
of
two
(2)
years
from
the
effective
date
of
the
approval.
Extensions
of
time
may
be
granted
by
the
Planning
Commission
upon
demonstration
of
good
cause.
Extensions
of
time
may
be
approved
pursuant
to
Code
Section
9.63.110.
Such
extension
shall
be
required
in
writing
and
received
prior
to
the
expiration
of
the
approval.
ADM
8. Right
to
Appeal.
Decisions
of
an
administrative
officer
or
agency
of
the
City
of
Palm
Springs
may
be
appealed
in
accordance
with
Municipal
Code
Chapter
2.05.00. Permits
will
not
be
issued
until
the
appeal
period
has
concluded.
ADM
9. Comply with
City
Noise
Ordinance.
This
use
shall
comply
with
the
provisions
of
Section
11. 7 4
Noise
Ordinance
of
the
Palm
Springs
Municipal
Code.
Violations
may
result
in
revocation
of
this
Conditional
Use
Permit.
ADM
10. Conditional
Use
Permit
Availability.
The
applicant
shall
provide
a
copy
of
this
Conditional
Use
Permit
to
all
buyers
and
potential
buyers
(conditional
use
permits
only)
Item 1O - 25
Resolution No. 6911
Conditions of Approval
Case 5.1551-CUP
PLANNING DEPARTMENT CONDITIONS
March 23, 2022
PLN 1. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits.
PLN 2. Security Plan. The applicant shall be required to submit a security plan to the City of Palm Springs Police Department for review and approval in accordance with PSMC Section 5.45.210 and/or 5.55.210.
PLN 3. Hours of Operation. Hours of operation shall me Wednesday through Sunday between the hours of 8:00 PM ad 2:00 AM.
PLN 4. Outdoor Events. There are no outside events permitted for this nightclub.
PLN 5. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with any applicable City, County, and State codes, ordinances, resolutions and/or laws shall constitute grounds to revoke the Conditional Use Permit. In addition, such violations may also result in enforcement actions including citations, arrest and business closure, in accordance with law ENVIRONMENTAL ASSESSMENT CONDITIONS (Include if an IS was prepared) ENV 1. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.
POLICE DEPARTMENT CONDITIONS
POL 1. Prior to opening, the applicant is required to submit a security plan to the Police Department.
BUILDING DEPARTMENT CONDITIONS
Item 1O - 26
Resolution No. 6911
Conditions of Approval
Case 5.1551-CUP
March 23, 2022
BLG 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
(none.)
FIRE DEPARTMENT CONDITIONS
1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.
2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements. This building will require fire sprinklers and a fire alarm system.
3. Conditions of Approval -"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.
4. Required access (CFC 504.1 ): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.
END OF CONDITIONS
ATTACHMENT #6
Item 1O - 27
Item 1O - 28
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Item 1O - 29
Cl
1Q ,p
-
I CJ
I \) ~Cit 800 ll1
X
'
THE N IG HTCLUB AT HOTEL ZOSO
150 S INDIAN CANYON DR SUITE B
PALM SPRINGS, CA 92262
OCCUPANCY & SEATS
Occupancy{unchanged) 258
15 x Counter Stools
20 x Bar Stools
60 x V IP Seats
Item 1O - 30
Cl
ENTRANCE
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BAR STORAGE
THE N I GHTCLUB AT HOTEL ZOSO
150 S INDIAN CANYON DR SUITE B
PALM SPRINGS, CA 92262
SECURITY CAMERAS
~ x 4 - Existing bar
cameras to cover staff and
registers .
• 4" x 2 - Existing cashier and
coat check cameras.
~ x 1 - Existing entrance
camera to cover ID and
security check point.
~ x 1 - Existing ba r storage
to cover back hall, inven
tory.
~ x 1 - Existing dance floor
camera.
-" x 1 - Existing office
camera.
CITY COUNCIL STAFF REPORT
06/30/2022 1.
City Clerk -
SUBJECT
CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
D
ATE: JUNE 30, 2022 CONSENT CALENDAR
SU
BJECT: APPROVE AMENDMENTS TO CONSULTING SERVICES AGREEMENTS NO.’S A5768, A6017, A5482, AND A6205 WITH GOVERNMENT
REVENUE SOLUTIONS HOLDINGS I, LLC DBA AVENU INSIGHTS &
ANALYTICS, LLC / MUNISERVICES (“MUNISERVICES”)
F
ROM: Justin Clifton, City Manager
BY: D
epartment of Finance and Treasury
SUMMARY:
T
he City Council will consider Amendments to the four Consulting Services Agreements with Government Revenue Solutions Holdings I, LLC dba Avenu Insights & Analytics, LLC / MuniServices (“MuniServices”) for auditing services relating to the City’s Utility Users Tax, Transient Occupancy Tax, Sales and Use Tax, and for Business License Discovery and Assessment Services.
A
ll Amendments extend the term of the Agreements through June 30, 2023, and all other provisions remain in full force and effect.
RECOMMENDATION:
1. A
pprove Amendment No. 2 ( Attachment A) to Consulting Services Agreement No. A5768 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue Protection Program Services.
2. Approve Amendment No. 4 ( Attachment B) to Consulting Services Agreement No. A6017 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Transient Occupancy Tax (TOT) Program Auditing Services.
3. Approve Amendment No. 5 ( Attachment C) to Consulting Services Agreement No. A5482 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Sales, Transactions, and Use Tax Audit (SUTA) Services.
Item 1I - 1
City Council Staff Report
June 30, 2022 -- Page 2
Amendments to MuniServices Consulting Services Agreements (No.’s A5768, A6017, A5483, A6205)
4. Approve Amendment No. 5 ( Attachment D) to Consulting Services Agreement No. A6205 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Business License Discovery and Assessment Services.
5. Authorize the City Manager or his designee to execute all necessary documents.
BACKGROUND:
Utility Users Tax/ Franchise Com pliance and Revenue Protection Program Services: In 2009, the City entered into an agreement with MuniServices (Consulting Services Agreement No. A5768) for auditing, geocoding, utility user tax / franchise compliance and revenue protection program services. Since 2009, MuniServices has been our provider of auditing services for Utility Users Tax (UUT) including Telecommunications. Per the requirements of AB 1717 pertaining to third party consultants, MuniServices is designated by the City and author ized by the Board of Equalization to examine documents related to the City of Palm Springs collection of UUT on prepaid wireless services. The proposed Amendment (Amendment No. 2) extends the term of the Agreement through June 30, 2023.
T
ransient Occupancy Tax Audit Services: In 2010, the City Council awarded an Agreement (Consulting Services Agreement No. A6017) with MuniServices for Transient Occupancy Tax (TOT) audit services in accordance with the City’s tax compliance program. In 2013, MuniServices began searching for businesses that are non- compliant or under-compliant with the City’s regulations for the collection and remittance of TOT.
The proposed Amendment (Amendment No. 4) extends the term of the Agreement through June 30, 2023.
S
ales, Transactions, and Use Tax Audit (SUTA) Services: In 2007, the City entered into an Agreement (Consulting Services Agreement No. A5482) with MuniServices for Sales, Transactions and Use Tax Audit (SUTA) services to detect and document misallocations of Local District Tax (also known as Transactions & Use Tax), Bradley - Burns sales tax and local use tax activity, and Property Tax Compliance Services which consists of Audit and Recovery Services within the statute of limitations on recoverability.
The proposed Amendment (Amendment No. 4) extends the term of the Agreement through June 30, 2023.
B
usiness License Discovery and Assessment Services: In 2012, the City entered into an Agreement (Consulting Services Agreement No. A6205) with MuniServices to search for business that are non- compliant or under -compliant with the City’s regulations for business license taxes, and to provide reports detailing their discovery and enforcement efforts on the City’s behalf. The proposed Amendment (Amendment No. 4) extends the term of the Agreement through June 30, 2023.
Item 1I - 2
City Council Staff Report
June 30, 2022 -- Page 3
Amendments to MuniServices Consulting Services Agreements (No.’s A5768, A6017, A5483, A6205) STAFF ANALYSIS:
UUT:
Consulting Services Agreement No. A5768 was entered into on January 26, 2009, through January 25, 2012. The Agreement provides that at the end of the first three-year term, the Agreement would renew for successive three- year periods. On July 12, 2018, the Agreement was extended for an additional three- year term, ending on January 26, 2021. Amendment No. 2 extends the term of the Agreement through June 30, 2023.
T
he fee schedule and scope of work, as provided in Consulting Services Agreement No.
A5768, is not altered by the proposed amendment, which details the annual compensation as follows:
• Total Annual Fixed Fee for participating in the program shall be the greater of, the two options listed below:
i) six -tenths of a percent (0.6%) of the total UUT revenues received by the City (excluding UUT revenues derived from sewer, water, trash or CATV) based on the prior fiscal year; or,
ii) fifteen thousand dollars ($15,000) (“Minimum Fee”).
In no case shall the City’s annual fixed fee exceed ninety -five thousand dollars ($95,000) (“Maximum Fee”). The Minimum Fee and Maximum Fee shall be increased at the rate of two percent (2%) each year.
• Compensation for City-Specific Audit Services: With respect to a City -specific audit, including a CATV UUT/franchise audit referred to in Section 3(A) above, MuniServices shall be entitled compensation on rates and terms to be agreed upon following the City’s request for the City-specific audit service.
M
uniServices will continue to adhere to all City vendor and purchasing requirements and related ordinances/resolutions for the life of the contract. Based upon 2020- 2021 fiscal year revenues, the annual fee (from January through December 2022) is expected to be approximately $48,000.
T
OT: Consulting Services Agreement No. A6017 was entered into on October 6, 2010, in the not-to-exceed amount of $175,000, through June 30, 2012 , to provide the City with TOT compliance audits over a period of two years. Under this contract, MuniServices audited each hotel, motel, and vacation rental agency . Amendment No. 1 authorized auditing and compliance services that focus on the tax collection responsibilities of the numerous TOT property owners and employed tools to assure the proper and full collection of the City’s TOT by TOT -generating properties. Under this amendment , the City pays MuniServices on a per -unit price basis ($1,250 per audit). Amendment No. 2 amended the scope of services and extended the term of the Agreement through June 30, 2021. Amendment No. 3 extended the term of the Agreement through June 30, 2022.
T
he cost of audits is $400 for first level compliance review and $1,250 for full scale reviews covering a period up to the 48 months permitted under the Palm Springs Item 1I - 3
City Council Staff Report
June 30, 2022 -- Page 4
Amendments to MuniServices Consulting Services Agreements (No.’s A5768, A6017, A5483, A6205) Municipal Code. Annual permit and business license taxes provide funding for the compliance audits.
S
UTA: Consulting Services Agreement No. A5482 was entered into as of July 1, 2006, in the not -to-exceed amount of $175,000, through June 30, 2009. Amendment No. 1 lowered the compensation schedule of 25% of additional revenue collected down to 15% of additional revenue collected and removed the not-to-exceed cap on fees. Amendment No. 2 extended the term of the agreement through June 30, 2021. On April 1, 2018, the City adopted the Transactions and Use Tax (PLSS) .50% sales tax to support the City’s General Fund. Therefore, the Agreement was amended (Amendment No. 3) to specifically refer to this tax as the “ District Tax”; Section 7056 of the California Revenue and Taxation Code. Amendment No. 3 authorized MuniServices to examine transaction tax, sales tax and use tax records that became effective on April 1, 2018, known as the “Palm Springs – City of Palm Springs 2018 Transactions and Use Tax (PLSS) ” Amendment No. 4 extended the term of the Agreement through June 30, 2022.
B
usiness License Discovery and Assessment Services: Consulting Services Agreement No. A6205 was entered into on March 13, 2012, in the not-to-exceed amount of $25,000, through June 30, 2013. Amendment No. 1 extended the term of the Agreement for three (3) years plus an additional one (1) year optional extension, with a maximum contract term ending on June 30, 2017; the amendment also removed the not- to-exceed cap on fees. Amendment No. 2 extended the term of the Agreement through June 30, 2020; and lowered the discovery fees from 40% to 30% added tax administration performance services for the collection of business license payments. Amendment No. 3 extended the term of the Agreement through June 30, 2021. Amendment No. 4 extended the term of the Agreement through June 30, 2022.
S
taff is currently preparing a Request for Proposals for auditing services relating to the City’s (1) Utility Users Tax, (2) Transient Occupancy Tax, (3) Sales and Use Tax, and for (4) Business License Discovery and Assessment Services and anticipates completing this within the next three months.
T
he cost recovery has exceeded the cost of auditing services between 16% – 24% for the past five years.
FISCAL IMPACT:
S
ufficient funds are available in the Fiscal Year 2022-2023 budget in Finance Department Account 1001035-40105.
REVIEWED BY:
Assistant Director: Kristopher Mooney
Department Director: Nancy Pauley
City Manager: Justin Clifton
Item 1I - 4
City Council Staff Report
June 30, 2022 -- Page 5
Amendments to MuniServices Consulting Services Agreements (No.’s A5768, A6017, A5483, A6205) ATTACHMENTS:
A. A
mendment No. 2 to Consulting Services Agreement No. A5768 with MuniServices for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue Protection Program Services.
B. Amendment No. 4 to Consulting Services Agreement No. A6017 with MuniServices for Transient Occupancy Tax (TOT) Program Auditing Services.
C. Amendment No. 5 to Consulting Services Agreement No. A5482 with MuniServices for Sales, Transactions, and Use Tax Audit (SUTA) Services.
D. Amendment No. 5 to Consulting Services Agreement No. A6205 with MuniServices for Business License Discovery and Assessment Services.
Item 1I - 5
ATTACHMENT A
A
mendment No. 2 to Consulting Services Agreement No. A5768 with MuniServices for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue Protection Program Services.
Item 1I - 6
Item 1I - 7
Item 1I - 8
ATTACHMENT B
A
mendment No. 4 to Consulting Services Agreement No. A6017 with MuniServices for Transient Occupancy Tax (TOT) Program Auditing Services.
Item 1I - 9
55575.18140\34492243.1
AMENDMENT NO. 4
TO CONSULTING SERVICES AGREEMENT NO. A6017
WITH MUNISERVICES, LLC FOR
TRANSIENT OCCUPANCY TAX (TOT) PROGRAM AUDITING SERVICES THIS FOURTH AMENDMENT (“Amendment No.4”), to the Consulting Services Agreement No. A6017 for Transient Occupancy Tax (TOT) Compliance Program Auditing Services is made and entered into to be effective on the date that the City Manager executes this amendment by and between the CITY OF PALM SPRINGS, a California charter and municipal corporation (hereinafter referred to as “City”), and MuniServices, LLC, a Delaware Limited Liability Company (hereinafter referred to as “MuniServices”)(collectively, the "Parties").
RECITALS
A. City and MuniServices previously entered into a consulting services agreement for TOT Compliance Auditing Program Services (“Agreement”), to perform, among other things, certain compliance and protective services in connection with the City's transient occupancy tax, which was made and entered into on October 6, 2010, in the amount of $175,000, through June 30, 2012.
B. Amendment No. 1 authorized Consultant to perform additional TOT Compliance Auditing Services, removed the not to exceed amount of the original agreement, and extended the term of the Agreement for six (6) years, commencing on July 1, 2012, and ending on June 30, 2018.
C. Amendment No. 2 amended the scope of work adding language to Exhibit A of the Agreement and extended the term of the Agreement for three (3) years, commencing on July 1, 2018, and ending on June 30, 2021.
D. Amendment No. 3 amended the language of Section 10.3 “Covenant Against Discrimination” of the Agreement and extended the term for one (1) year, commencing on July 1, 2021, and ending on June 30, 2022.
NOW, THEREFORE, the Parties hereby amend theAgreement as follows:
AGREEMENT
1. Section 4.4 of the Agreement shall be amended to add the following sentence:
“Unless earlier terminated in accordance with Section 4.5 of this Agreement, the term of the Agreement is hereby extended for one (1) year, commencing on July 1, 2022, and ending on June 30, 2023, unless extended by mutual written agreement of the parties.”
2. The City and MuniServices agree that , except as amended by this Amendment No. 4, all terms and conditions of the Agreement and the First, Second, and Third Amendments to the Agreement shall remain in full force and effect, and that the provisions of this Amendment N o . 4 shall become a part of the Agreement as if fully written therein.
Item 1I - 10
55575.18140\34492243.1
ININ WITNESS WHEREOF, the parties have executed and entered into this Amendment asas ofof the date first written below
Dated: “CITY”
City of Palm Springs
By:
Justin Clifton, City Manager
APPROVED AS TO FORM ATTEST:
By:
Jeffrey S. Ballinger, City Attorney
By:
Anthony J Mejia, MMC, City Clerk
Dated: CONSULTANT "MUNISERVICES”
MuniServices, LLCLC.
By:
Name:
Title:
June 14, 2022
Item 1I - 11
ATTACHMENT C
Amendment No. 5 to Consulting Services Agreement No. A5482 with MuniServices for Sales, Transactions, and Use Tax Audit (SUTA) Services
Item 1I - 12
55575.18140\34504362.1
AMENDMENT NO. 5
TO CONSULTING SERVICES AGREEMENT NO. A5482
WITH MUNISERVICES, LLC FOR SALES,
TRANSACTIONS AND USE TAX AUDIT (SUTA) SERVICES AND
PROPERTY TAX COMPLIANCE SERVICES
THIS FIFTH AMENDMENT (“Amendment No.5”) to the Consulting Services Agreement No.
A5482 for Sales, Transactions and Use Tax Audit (“SUTA”) Services is made and entered into by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the City), and MuniServices, LLC, (hereinafter referred to as the Consultant) (collectively, the "Parties").
RECITALS
A. City and Consultant entered into a Consulting Services Agreement ("Agreement") for Sales, Transactions and Use Tax Audit (SUTA) Services to detect and document misallocations of Local District Tax (also known as Transactions & Use Tax),Bradley- Burns sales tax and local use tax activity, and Property Tax Compliance Services which consist of Audit and Recovery Services, within the statute of limitations on recoverability on May 16, 2007 in an amount not to exceed $175,000 for a three-year term, with automatically renewing three-year terms.
B. Amendment No. 1, amended the Agreement, lowering the existing compensation schedule of 25% of additional revenue collected down to 15% of additional revenue collected, and removed the not-to-exceed (“NTE”) cap on fees. Amendment No. 1, also extended the term of the Agreement for three (3) years, commencing on July 1, 2015, and ending on June 30, 2018, and provided that the Agreement could be terminated by either party with 30- days’ notice, and eliminated Section 5.2 (Termination of Agreement) and Section 5.3 (Termination of Addenda) of the Agreement.
C. Amendment No. 2, Section 5.1, extended the term of the Agreement for three (3) years, commencing on July 1, 2018, and ending on June 30, 2021, and amended Section 6.2 ("Covenant Against Discrimination").
D. Amendment No. 3, effective March 21, 2018 added to the City ’s recently adopted Transactions and Use Tax (PLSS) .50% sales tax to support the City's General Fund, which became effective on April 1, 2018, and amended the Agreement to specifically refer to the District Tax; Section 7056 of the California Revenue and Taxation Code.
E. Amendment No. 4 extended the term of the Agreement for one (1) year, commencing July 1, 2021, and ending on June 30, 2022.
Item 1I - 13
55575.18140\34504362.1
NOW, THEREFORE, the Parties hereby amend the agreement as follows:
AGREEMENT
1. Section 5.1 of the agreement shall be amended to read as follows:
“The term of the Agreement is hereby extended for one (1) additional year, commencing on July 1, 2022, and terminating on June 30, 2023, and may be terminated by either party with 30 days’ notice or extended by mutual agreement of the parties.”
2. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
3. In case of a conflict between the terms of this Amendment and the terms of the Amendment, the terms of this Amendment shall strictly prevail.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written below.
[SIGNATURE PAGE FOLLOWS]
Item 1I - 14
55575.18140\34504362.1
SIGNATURE PAGE
TOTO
AMENDMENT NO. 5
TO CONSULTING SERVICES AGREEMENT NO. A5482
WITH MUNISERVICES, LLC FOR SALES,
TRANSACTIONS AND USE TAX AUDIT (SUTA) SERVICES AND
PROPERTY TAX COMPLIANCE SERVICES
Dated: “CITY”
City of Palm Springs
By:
Justin Clifton, City Manager
APPROVED AS TO FORM ATTEST:
By:
Jeffrey S. Ballinger, City Attorney
By:
Anthony J Mejia, MMC, City Clerk
Dated: “CONSULTANT”
MuniServices, LLCLC.
By:
Name:
Title:
June 14, 2022
Item 1I - 15
ATTACHMENT D
Amendment No. 5 to Consulting Services Agreement No. A6205 with MuniServices for Business License Discovery and Assessment Services
Item 1I - 16
55575.18140\34494172.1
AMENDMENT NO. 5
TO CONSULTING SERVICES AGREEMENT NO. A6205 WITH
MUNISERVICES, LLC FOR BUSINESS LICENSE
DISCOVERY AND ASSESSMENT SERVICES
THIS FIFTH AMENDMENT (“Amendment No.5”)to the Consulting Services Agreement No.
A6205 for Business License Discovery and Assessment Services is made and entered into by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the “City”), and MuniServices, LLC, a Delaware limited liability company (hereinafter referred to as the “Consultant”) (collectively, the “Parties”).
RECITALS
A. City and Consultant entered into a Consulting Services Agreement (“Agreement”) for Business License Discovery and Assessment Services to assist the City with identifying entities subject to taxation, which are not properly registered, or otherwise not reporting taxes to the City; or are registered but are not properly reporting the full amount of tax which they are subject to under the City’s ordinances, made and entered into on March 13, 2012.
B. Amendment No. 1 extended the term of the Agreement for three (3) years plus an additional one (1) year optional extension, for a maximum contract term, ending on June 30, 2017, and removed the not to exceed amount of $25,000 from the Agreement.
C. Amendment No. 2 extended the term of the Agreement for three (3) years, ending on June 30, 2020. The amendment also lowered the discovery fees from 40% to 30%, added tax administration performance services for the collection of business license payments.
D. Amendment No. 3 extended the term of the Agreement for one (1) year, commencing on July 1, 2020, and ending on June 30, 2021.
E. Amendment 4 extended the term of the Agreement for one (1) year, commencing on July 1, 2021, and ending on June 30, 2022.
F. City and Consultant desire to amend Agreement No. A6205, to extend the term of the Agreement for one (1) additional year, through June 30, 2023.
NOW, THEREFORE, the Parties hereby amend theagreement as follows:
AGREEMENT
1. Section 4.4 of the Agreement shall be amended to add the following sentence:
“Unless earlier terminated in accordance with Section 4.5 of this Agreement, the term of the Agreement is hereby extended for one (1) year, commencing on July 1, 2022, and ending on June 30, 2023, unless extended by mutual written agreement of the parties.”
Item 1I - 17
55575.18140\34494172.1
2. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
3. In case of a conflict between the terms of this Amendment and the terms of the Contract, the terms of this Amendment shall strictly prevail.
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written below .
[SIGNATURE PAGE FOLLOWS]
Item 1I - 18
55575.18140\34494172.1
SIGNATURE PAGE
TOTO
AMENDMENT NO. 5
TOTO CONSULTING SERVICES AGREEMENT NO. A6205 WITH
MUNISERVICES, LLC FOR BUSINESS LICENSE
DISCOVERY AND ASSESSMENT SERVICES
Dated: “CITY”
City of Palm Springs
By:
Justin Clifton, City Manager
APPROVED AS TO FORM ATTEST:
By:
Jeffrey S. Ballinger, City Attorney
By:
Monique Lomeli Interim City Clerk
Dated: “CONSULTANT”
MuniServices, LLC.
By:
Name:
Title:
June 14, 2022
Item 1I - 19
CITY COUNCIL STAFF REPORT
06/30/2022 2. A.
City Clerk -
SUBJECT
RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2022-23 ASSESSMENT, AND CONDUCT OF
PROTEST PROCEEDINGS
RECOMMENDATION:
Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2022-23.
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2022-23 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”
2. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: June 30, 2022 PUBLIC HEARING
SUBJECT: RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD, LEVYING THE FISCAL YEAR 2022-23
ASSESSMENT, AND CONDUCT OF PROTEST PROCEEDINGS
FROM: Justin Clifton, City Manager
BY: Monique Lomeli, Interim City Clerk
Nancy Pauley, Director of Finance and Treasurer
SUMMARY:
The Palm Springs Small Hotel Tourism Business Improvement District (TBID) was formed in November 2016. On June 16, 2022, the City Council adopted Resolution No. 25012, declaring its intention to renew the Palm Springs Small Hotel Tourism Business Improvement District, and setting the public hearing for June 30, 2022.
The City Council will conduct protest proceedings, consider renewing the T BID and a resolution confirming the report of the TBID Advisory Board and levying the Fiscal Year 2022-23 assessment.
RECOMMENDATION:
1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for F iscal Year 2022-23.
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE
PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT
DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2022-23 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”
Item 2A -1
City Council Staff Report
June 30, 2022 -- Page 2
Small Hotel TBID Renewal
BACKGROUND:
The Palm Springs Small Hotel Tourism Business Improvement District (TBID) was formed in November 2016. On June 16 , 202 2, the City Council adopted Resolution No. 25012 declaring its intention to renew the Palm Springs Small Hotel Tourism Business Improvement District and setting the public hearing for June 30, 2022.
A TBID is a special benefit assessment district that was established by the City Council, under existing S tate law
1, for the specific purpose of funding activities that promote tourism. This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs Convention and Visitor Bureau (GPSCVB). The renewal of this district would have no effect on the current GPSCVB assessment.
The law provides that business oper ators are assessed and pay the assessment to the City. Cities have utilized a percentage multiplied against daily hotel revenue as the formula for imposing the assessment. Further, this law provides cities have the express authority to make improvements and engage in business promotional activities that benefit the assessed businesses within the designated boundary area.
It is noted that the assessment is made against the business operator, and not against the property itself. Therefore, the assessment is legally treated by ordinance enactment as a debt owed by the business operator to the City. The City Attorney advises that Proposition 218 rules are not applicable because the assessment is not a tax on real property, and case law has clearly held that this enabling law (Streets and Highways Code sections 36500 et seq.) is not subject to Proposition 218 restrictions. ( Howard Jarvis Taxpayers Assn. v. City of San Diego (1999) 72 Cal. App. 4th 230)
The renewal of the district is not by election of the business operators, but by majority protest procedure. After notice, any person subject to the proposed assessment may protest the renewal of the TBID. Each protest is weighted by the amount of the assessment to be paid. The TBID can not be renewed if a majority of the affected businesses subject to the TBID, weighted by assessment, file a timely protest. Therefore, in order for a protest to be successful, business es representing greater than 50% of the value of the total assessment to be collected must protest the formation of the district.
The TBID Advisory Board is recommending a 1% assessment on room revenue. The boundaries of the district would be citywide, but the assessments would be limited to hotels of 49 rooms or less.
The assessment would be collected by the City . The TBID Advisory Board is recommending the Palm Springs Bureau of Tourism (PSBOT) continue to administer the BID funds and promotional programs as a segregated and restricted fund.
1 Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code § 36500 et seq.
Item 2A -2
City Council Staff Report
June 30, 2022 -- Page 3
Small Hotel TBID Renewal
There are approximately 84 small hotels in Palm Springs with 49 rooms or less , and the small hotels believe they are at a marketing disadvantage because they do not have the same marketing infrastructure of larger, branded hotels. Most small hotels do not have international marketing budgets, global call centers, local and national sales forces, international reservation systems, global brand recognition, etc.
FISCAL IMPACT:
Based upon the current assessmen t information, the assessmen t will generate approximately $575,000 in FY 2022-23. This revenue is restricted to use for the specific purpose of advancing the TBID’s interests.
The City incurred costs in establishing the TBID in Fiscal Year 2017-18 and will continue to incur costs in annually sustaining the TBID . These annual costs include mailings, hearings, notifications, related staff and research time. TBID administration includes collection, distribution, and auditing of the assessment, annual report preparation, and staff time. All administrative staff time and costs are reimbursed from the proceeds of the assessment.
The Director of Finance estimates the cost to process monthly assessment returns and payments, collection of monthly assessment returns, annual administrative costs to prepare the notices, and conducting the public hearing to renew the TBID is approximately $45,634 for FY 2022-23.
REVIEWED BY:
Department Director: Monique Lomeli, Interim City Clerk Department Director: Nancy Pauley
City Manager: Justin Clifton
ATTACHMENTS:
1. Resolution Levying the Assessment
2. Advisory Board Report
3. Resolution of Intention Adopted 6/16/22
4. TBID Wrap-Up Report for 2021/22
Item 2A -3
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF THE PALM SPRINGS SMALL HOTEL
TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR
FISCAL YEAR 2022-23 IN CONNECTION WITH THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT.
WHEREAS, Ordinance No. 1907 of the City of Palm Springs has established the Palm Springs Tourism Small Hotel Business Improvement District ("the District") pursuant to Streets and Highways Code sections 36500 et seq.; and WHEREAS, the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board serving as advisory board with respect to the District, prepared and filed with the City Clerk a report with re gard to the District's activities a nd finances for fiscal year 2022-23; and
WHEREAS, the City Council has reviewed the advisory board’s report, and declared its intention to levy an assessment against hotel and motel business es of 49 rooms or less located within the District; and
WHEREAS, on June 30, 2022, the City Council held a noticed public hearing at which the testimony of all interested persons regarding the levy of the assessment for fiscal year 2022-23 were heard and considered.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, AS FOLLOWS:
SECTION 1
. The true and correct recitals above are incorporated by this reference herein as the factual basis for this Resolution.
SE
CTION 2. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 20 22-23. All interested persons were afforded the opportunity to hear and to be heard regarding protests and objections to the levy and collection of the assessment for fiscal year 2022 -23. The City Council finds that there was no majority protest within the meaning of the law. All protests and objections to the levy and collection of the assessment and any and all protests and objections are hereby overruled by the City Council.
SECT
ION 3. The City Council hereby finally confirms the report of the Advisory Board.
Item 2A -4
Resolution No.
SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for fiscal year 2022-23. The rate of the assessment for fiscal year 2022 -23 is 1.00% (one percent) of each day's gross occupancy revenue as defined in the assessment district ordinance.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS 30th DAY OF JUNE, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2A -5
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim 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 the 30th day of June, 2022, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this _____ day of ______, 2022.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2A -6
PALM SPRINGS SMALL HOTEL
TOURISM BUSINESS IMPROVEMENT DISTRICT
“TBID”
CITY OF PALM SPRINGS, CALIFORNIA
REPORT OF THE TBID ADVISORY BOARD
FISCAL YEAR 2022-2023
Introduction
The Advisory Board of the Palm Springs Small Hotel Business Improvement District (the “TBID”), has caused this report to be prepared pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways Code) (the “Law”).
This report is for the TBID for Fiscal Year 2022-2023, commencing July 1, 2022 and ending June 30, 2023.
As required by the Law, this report contains the following information:
(1) Any proposed changes in the boundaries of the TBID or in any benefit zones within the TBID;
(2) The improvements and activities to be provided for Fiscal Year 2022-2023; (3) An estimate of the cost of providing the improvements and the activities for that fiscal year;
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2022-2023.
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.
Item 2A -7
Advisory Board Report Fiscal Year 2022-2023. Page 2 SECTION 1: Proposed changes in the boundaries of the TBID or in any benefit zones within the TBID.
The boundaries of the TBID are the City Limits of the City of Palm Springs.
These boundaries will continue for Fiscal Year 2022- 2023. There are no benefit zones within the TBID.
SECTION 2: The improvements and activities to be provided for Fiscal Year 2022-2023.
No improvements are proposed to be provided for Fiscal Year 2022-2023. The activities listed in Exhibit ‘A’ to this Report are proposed to be provided annually. Not all of these activities may be provided during that Fiscal Year, though work may be done on any or all of the activities during the Fiscal Year.
SECTION 3: An estimate of the cost of providing the improvements and the activities for Fiscal Year 2022-2023.
The total cost of providing the activities is estimated to be $ 802,134.00. The budget for providing the activities is set forth in Exhibit ‘A’ to this Report.
SECTION 4: The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2022-2023.
Except where otherwise defined in this Report, all capitalized terms shall have the meanings set forth in the Palm Springs Municipal Code. Additionally, the following terms shall have the following meanings:
A. “Gross Occupancy Revenue” means the total Rent received from Transients by a Hotel and Motel Business.
B. “Hotel and Motel Business” means any Operator of a Hotel.
C. “Transient Occupancy Tax” means the tax imposed by the City in the Municipal Code.
The Assessment will be levied against each Hotel and Motel Business in the City consisting of 49 rooms or less. No other business shall be subject to the Assessment.
The Assessment will be calculated as a percentage of each day’s Gross Occupancy Revenue. The rate of the Assessment will be set annually by resolution of the City Council adopted pursuant to Section 36535 of the Law. For Fiscal Year 2022-2023 the rate is recommended to be one percent (1.0%).
Item 2A -8
Advisory Board Report Fiscal Year 2022-2023 Page 3 The Assessment calculated based on each day’s Gross Occupancy Revenues shall be paid to the City no later than the date on which the Hotel and Motel Business is required, pursuant to the Palm Springs Municipal Code, to remit to the City the Transient Occupancy Tax collected by the Hotel and Motel Business on that day.
New Hotel and Motel Businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment.
SECTION 5: The amount of any surplus or deficit revenues to be carried over from a previous fiscal year
It is projected that $ 629,245.00 in TBID revenues will be carried over from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 to fund activities of the TBID.
SECTION 6: The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.
Assessment Proceeds were estimated to be approximately $590,000.00 for Fiscal Year 2021-2022. There are no contributions expected from other funding sources.
Assessment proceeds will be spent only on activities authorized in the resolutions of the City Council of the City of Palm Springs establishing the TBID and/or levying the assessments.
Submitted by: Michael C. Green, President, on behalf of the TBID Advisory Board to the Office of the City Clerk on April 27, 2022.
Item 2A -9
Activities, Programs and Services
To be Funded by
Palm Springs Small Hotel TBID
Fiscal Year 2022-23
Addendum "A"
Projected Budget
Carry-Over from 2021-2022 $ 629,245.00
Estimated collections for 2022-2023 $ 575,000.00
Total Estimated Budget (2022-2023) $ 1,204,245.00
Advertising and Direct Marketing
Ad Media $ 250,000.00
PPC $ 75,000.00
Social Media $ 35,000.00
Creative Development/Project Direction $ 20,000.00 Agency Fees $ 36,000.00
Video Production $ 35,000.00
Photography $ 20,000.00
Print Collateral/Printing $ 5,000.00
Website Development/Programming $ 50,000.00 Database Research and Development $ 12,000.00
Public Relations
Newsletters & Blogs $ 15,000.00
Fams and Missions $ 30,000.00
PR Agency Fees $ 36,000.00
Media Monitoring $ 15,000.00
Special Programs/Artist in Residence $ 45,000.00
Promotions and Events $ 40,000.00
Office Supplies/Postage $ 2,500.00
Research $ 35,000.00
Administration $ 45,634.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)
Total Projected Spending for 2022-2023 (Budgeted) $ 802,134.00 Fund Balance $ 402,111.00
Item 2A -10
Addendum "B"
Projected Spending Activities, Programs and Services
of the
Palm Springs Small Hotel TBID
Fiscal Year 2021-2022
Advertising and Direct Marketing
Ad Media $ 153,000.00
PPC $ 50,000.00
Social Media $ 24,000.00
Ad Production $ 5,000.00
Agency Fees $ 36,000.00
Creative Development/Project Direction $ 20,000.00
Video Production $ 20,000.00
Photography $ 10,000.00
Print Collateral/Printing $ 5,000.00
Website Development/Programming $ 20,000.00
Public Relations
Fams and Missions $ 20,000.00
PR Agency Fees $ 36,000.00
Media Monitoring $. 10,000.00
Promotions and Events $ 20,000.00
Office Supplies/Postage $ 2,000.00
Research $ 20,000.00
Administration $ 45,634.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)
Total Projected Spending for 2021-2022 (Budgeted) $ 496,634.00
Carry-over from Fiscal Year 2020-2021 (Actual) $ 457,389.00
Projected Assessment Collections for 2021-2022 (Per TBID Estimate) $ 590,000.00
Projected Carry-over (Based on Projected Assessment Collections) $ 629,245.00
Item 2A -11
RESOLUTION NO. 25012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY ASSESSMENTS FUNDING THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT, AND SETTING JUNE 30, 2022,
FOR THE PUBLIC HEARING
WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California (the “City”); and
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code sections 36500 et seq. (the “Act”) authorizes the City to improve a specific business area and promote tourism within the area in question, and to impose assessments on businesses for those purposes; and WHEREAS, on November 16, 2016 the City Council of the City adopted Ordinance 1903, adding Chapter 5.83 to the Palm Springs Municipal Code, and establishing the Palm Springs Small Hotel Tourism Business Improvement District (the “TBID”); and WHEREAS, on June 16, 2022, the Council considered and approved an annual TBID report identifying activities planned for fiscal year 2022-23 and consistent with the requirements of Ordinance 1903 and the Act.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:
1. The City Council hereby approves the recitals above as true and correct findings, incorporates those findings herein inclusive of all defined terms, and pursuant to the Act, declares its intention to levy and collect assessments within the TBID, a citywide district limited to hot els of
forty-nine (49) rooms or les s, for fiscal year
2022-23.
2. The programs funded by the TBID shall be for the promotion of the business activity of designated motel and hotels within the district . TBID activities shall include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operating in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements.
3. No changes are proposed as to the TBID’s bou ndaries, which are co-extensive with the City limits of the City of Palm Springs , or as to the method and basis of levying assessments as established in Ordinance 1903 for fiscal year 2016-17, to wit, the assessment shall be at the rate of one percent ( 1%) of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment for Fiscal Year 2022-23, from July 1, 2022, through June 30, 2023.
Item 2A -12
Resolution No. 25012
New hotel and motel businesses established during fiscal year 2022-23 within the TBID shall not be exempt from the levy of the assessment.
4. All interested parties should refer to the annual report on file with the City Clerk of the City of Palm Springs, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, prepared by the TBID Advisory Board, and presented to the City Council concurrent with this resolution, which report can also be found online at http://www.palmspringsca.gov. The report contains a detailed description of the activities to be provided for fiscal year 2022-23, the boundaries of the TBID, and the proposed assessments to be levied upon the businesses within , and subject to, assessments in the TBID for fiscal year 2022-23.
5. NOTICE IS HEREBY GIVEN that Thursday, June 30, 2022 , at the hour of 6:00 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Palm Springs located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, is fixed as the time and place for a public hearing on the levy of the proposed assessments for fiscal year 2022-23.
At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for fiscal year 20 22-23 or the furnishing of specified types of improvements or activities in fiscal year 2022-23 in the TBID shall be heard and considered by the City Council. Protests against the levying of assessments for fiscal year 20 22-23, the extent of the area of the TBID , or the furnishing of specified types of improvements or activities may be made orally or in writing by any interested person. Each written protest must be filed with the City Clerk, 3200 E. Tahquitz Canyon Way, Palm Springs, California, at or before the time fixed for the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. 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 inconsistent with this Resolution shall not be counted in determining a majority protest.
6. If written protests against the levying of assessments for fiscal year 20 22-23 are received from the owners of businesses in the TBID which would pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protest to less than fifty percent (50%), then no further proceedings to levy the proposed assessment may be taken by the City Council for a period of one (1) year from the date of the finding of a majority protest by the City Council . If the majority protest is against the furnishing of a specified Item 2A -13
Resolution No. 25012
type or types of improvement or activity within the TBID , then those types of improvements or activities shall be eliminated.
7. 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. Written protests s hall be filed with the clerk at or before the time fixed for hearing.
8. The City Clerk shall give notice of the public hearing pursuant to California Streets and Highways Code Section 36523 by causing the publishing of this Resolution of intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16
th DAY OF JUNE 2022.
/s/ JUSTIN CLIFTON
CITY MANAGER
ATTEST:
/s/ MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Monique M. Lomeli, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25012 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 16th day of June 2022, by the following vote:
AYES: Garner, Holstege, Kors, Middleton, Woods
NOES: None
ABSENT: None
ABSTAIN: None
/S/ MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2A -14
TBID/PSPSH Year End Summary
May 31, 2022
Item 2A -15
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Small
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ctels
Overview
Revenue is generated from 1% assessment levied upon
each boutique hotel guest.
This revenue funds the boutique hotel marketing
campaign that increases:
1. The number (and duration) of overnight stays during the shoulder seasons (May/June & September-November) and
summer.
2. Overall occupancy as measured by TOT collection (reported by the city with the 1% assessment effect factored.)
3. Awareness of member hotels from a baseline Net Promoter Score(NPS) of 39 at inception in 2016.
2 Item 2A -16
Measurable Results
Overarching Goal: Increase the number (and duration) of overnight stays during the shoulder seasons (May/June & September-November) and summer.
1. Bookings Measurement*: Since its public launch mid July 2017, and measured by website analytics, the TBID has driven over $13.8 million in estimated revenues to hotels, not including bookings made through the deals page. Year-to-date bookings through the website are up
49.84% over the same period in the prior year.
2. TOT Measurement: TOT collection for the first three quarters of 21-22 exceeded the entire year of 2020-21.
3. NPS Measurement: Increase awareness of member hotels from a baseline NPS of 39 (2017). The percentage of promoters, amongst those who would consider a boutique hotel, is up 20 points over 2019 (78% vs. 58%). The bulk of this shift came from the passives (respondents who scored 7 or 8 on the likelihood to recommend question).
3 *through April 2022;
Item 2A -17
Accomplishments 2020-21
Marketing/Advertising: Overall, campaign funding was not quite up to 2019/2020 levels but by being flexible, creative, and prudent and by working collaboratively with its partners, the TBID was able to take advantage of tourists’ pent up demand for escape to Palm Springs. As a result, numbers are up across the board. ● Boutiquely Palm Springs, the TBID’s consumer enewsletter, which launched in spring of 2021, has shown steady growth and no unsubscribes. It is based upon stories posted in the PSPSH/TBID Blog
● Social: Increased followers and impressions across channels. ● Media relations: Conducted two travel writer fam trips: October 2021 and May 2022 (LGBTQ Fam)
● Supported new hotels as ownership changed
● Created new video tours and worked with the GPSVCB to develop a branded co-op video
● Conducted 2022 Brand Awareness Study
● Continued Covid-19 safety messaging and support through communications channels
4 Item 2A -18
Booking Results
5 * Based upon an average estimated stay of 2.5 nights at $159 per night as determined at the January 2018 Meeting. **Backed out all deal page bookings, which readjusted overall totals, since booking deals were suspended in 21/22.
Fiscal Year to April 30 key analytics:
Total Book Now button actions: 14,628
Total Deals Page button actions: 1,382
Total Visit Site button actions: 31,291
Estimated Potential Revenue: $5,814,630*
Since Launch mid-July, 2017 key analytics:
Total Book Now button actions: 34,803
Total Deals Page button actions: 19,179
Total Visit Site button actions: 95,090
Estimated Potential Revenue**: $13,834,193*
Item 2A -19
Brand Awareness Study
Pandemic impact: percent indicating their last vacation was 3 – 5 years ago jumped from a stable 4% in the first two waves to 14% in 2022.
Vacations are still on the table with three out of four (75%) anticipating they will travel in the upcoming summer and fall months. This skews up significantly to 81% for fans of boutique hotels.
Accommodation selection factors have been stable. The top three include:
–Location within the area
–Price
–Room quality
The percentage of promoters, amongst those who would
consider a boutique hotel, is up 20 points over 2019 (78% vs. 58%). The bulk of this shift came from the passives
(respondents who scored 7 or 8 on the likelihood to
recommend question).
This translated to an increase in the net promoter score for boutiques – 73 in 2022 vs. 48 in 2019 and 39 in 2017. Note: all property types saw an increase in NPS in this wave.
6 Percent Considering Boutique Hotels
Item 2A -20
TOT Collection
7 Item 2A -21
July August September October November December January Febuary March April May June FY 2019 -20 FY 2020 -21 FY2021 -22 201 9 $28 ,844 $27 ,904 $30 ,385 $43 ,782 $47,1 15 $37 ,391 $39 ,625 $52,5 44 $7 4,977 $67 ,62 2 $49,697 $33,093 $366,890 $505,763 $539,952 202 0 $33,380 $32,453 $35,880 $44,260 $42,586 $19,168 $45 ,391 $59 ,612 $27 ,629 $864 $777 $17 ,197 202 1 $37 ,320 $39 ,811 $31 ,215 $70,177 $73 ,739 $40,639 $19,56 1 $37,463 $58,238 $70 ,033 $60,70 1 $52,040 2022 $67,819 $70,89 3 $ 108,339
TBID Month ly Collection 2019 to 2022
s120,000
swo,ooo
$80,000
$60,000
S40,000
$20,000
so
July August September October November December January Febuary March April May Ju.-., - 2019 - 2020 -2021 2022
21-'22 vs. '19-20 29% 43% 3% 60% 57% 9% 49% 19% 292%
21-'22 vs. '20-21 12% 23% - 13% 59% 73% 112% 247% 89% 86% Advertising Venues
● SoCal Life
● LOCALE Magazine
● Dwell Magazine
● Passport Magazine
● Adara Travel Network
● Edge Media Network
● Seattle Met
● San Diego Life
8 Digital Marketing
● Google
● Facebook
● Instagram
● Pinterest
Item 2A -22
Digital Ads
9 Item 2A -23
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10 Item 2A -24
Co-Op TV Spot
11 :30 Television Spot
Working in conjunction with the Greater Palm Springs Convention and Visitors Bureau and the Palm Springs Bureau of Tourism, we developed a :30 television spot to air in drive and direct flight markets.
Item 2A -25
Boutiquely Palm Springs
Hotel Video Tours
12 Hacienda at Warm Sands
Old Ranch Inn
Video series of hotel tours and interviews with hoteliers and managers, historical aspects, amenities, special stories of the property, etc.
Tuscany Manor Palm Springs
Item 2A -26
Website
13 The PSPSH website is our primary tool
for marketing hotels through
PSPSH/TBID.
During Covid, special messaging was
deployed to inform visitors of safety
measures and hotel openings.
Elements include a seasonal “specials”
landing page, social media feeds, new
hotel video tours, and search
capabilities for potential guests to find
hotels that will fit their preferred vibe.
Search engine optimization (SEO) efforts
over the past year resulting in #1
unpaid/organic position for search
terms such as “small hotel palm
springs”.
palmspringspreferredsmallhotels.com
Item 2A -27
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14 Consumer
Blog
This consumer-focused blog includes
hotel profiles, media coverage, and cool
things to do in Palm Springs. In the
coming year, we will elevate and
emphasize the blog to generate more
readership and engagement.
Boutiquely Palm Springs >>>
Item 2A -28
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Consumer
eNewsletter
15 The monthly consumer e-newsletter
launched in Spring 2021.
It is a wrap-up of curated stories
from the blog including hotel
profiles, upcoming events,
instagrammable hot spots and fun
things to do.
Currently over 1,700 subscribers with
an average open rate of 45% and
very few or no unsubscribes each
month.
Item 2A -29
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Put These SoCal Day Tripping
Destinations On Your Agenda
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Wildflowers And Hiking Trails
Offer Delight In The Desert
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Follow The Music To Palm Springs :
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o e o e e
Hotelier
eNewsletter
16 This newsletter informs
hoteliers about TBID activities
and results, news from the city
and tourism groups, and
opportunities for collaboration.
Currently 116 subscribers for all
hotels with an average open
rate of 52% each issue.
Item 2A -30
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17 Item 2A -31
CITY COUNCIL STAFF REPORT
06/30/2022 2. B.
City Clerk -
SUBJECT
AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION
TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1544 CUP)
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
1. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH
ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
2. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DAT
E: JUNE 30, 2022 PUBLIC HEARING - CONTINUED
SUBJECT: AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY
THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING
OFF-STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON
DRIVE, ZONE CBD (CASE 5.1544 CUP).
FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:
On M
ay 12, 2022, City Council continued the subject hearing to a date certain of June 30, 2022, to allow the applicant to respond to comments from the Palm Springs Police Department relative to a Security Plan. The Council directed Staff to conduct research and report back regarding the previous use at the site.
Additional background on the project is available in the April 21, 2022, City Council staff report accessible online here:
https://destinyhosted.com/palmsdocs/2022/CC/20220421_1367/3708_2A_-_ OCR.pdf RECOMMENDATION:
1) A
dopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504 -SQUARE FOOT BUILDING WITH ACCOMPANYING OFF - STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”, or
2) Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) OF THE Item 2B - 1
City Council Staff Report
June 30, 2022 – Page 2
5.1544 CUP – Fuego Nightclub – Appeal
PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504 -SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
STAFF ANALYSIS:
Previ
ous Business at 383 South Palm Canyon Drive
The City Council asked Staff to conduct research regarding the previous use at the site named “The Bank” which was approved as a Conditional Use Permit (Case 5.1383 CUP) by the Planning Commission on September 9, 2015. The CUP was for the business to operate as a “meeting hall” which was an allowable use in the Central Business District (CBD) zone per Section 92.09.01(D)(12) of the Palm Springs Zoning Code (PSZC) at the time of the approval. The PSZC has since been changed to allow “meeting halls” in the CBD zone with the approval of a Land Use Permit.
The Planning Commission conducted a public hearing on September 9, 2015 and voted to approve the CUP for a “meeting hall” per Resolution #6529. The original Staff Report described the business as “an event space for weddings, meetings , and other assembly events, with the hours of operation to be from 6:00 AM to 2:00 AM. ” The primary meeting/event area was identified as the second floor only at an approximate area of 4,000 sq. ft. The Conditions of Approval included complying with the City noise ordinance, hours of operation, entertainment and amplified noise limited to the building interior with bass sound at a reasonable level at the discretion of the Planning Director and Chief of Police. In addition, the Fire Department included Condition FID7 stat ing that “occupant load numbers will be determined by the Fire Marshal after the receipt and approval of the Exit Analysis Plan.” Building records show the occupancy limit of 185.
Code Enforcement Record
The Code Compliance Division of the Palm Springs Police Department conducted a records request for 383 South Palm Canyon Drive for calls for service during the time that “The Bank” was operating. The table below shows the statistics:
Table 1: Activity Report – 383 South Palm Canyon Drive
Date: Case Description Case Closed Date
03-19-2015 Refuse and waste in public view 03-26-2015
04-09-2015 Landscape Maintenance needed 05-15-2015
04-16-2019 Water waste – sprinkler overspray 04-26-2019 08-08-2019 Unpermitted sign 09-26-2019
Dur
ing the period that “The Bank” was operating, Code Compliance did not receive calls for service relative to excessive noise or loud music.
Item 2B - 2
City Council Staff Report
June 30, 2022 – Page 3
5.1544 CUP – Fuego Nightclub – Appeal
Restaurant versus Cocktail Lounge/Nightclub
There was a question by the Council relative to the difference between a Cocktail Lounge/Nightclub versus a Restaurant. The Palm Springs Zoning Code (PSZC) Section
91.00.10(B) defines a restaurant as:
“Restaurant is a comprehensive term meaning a building or room where food is prepared and served to the general public on the retail level. Some types of establishments include cafeteria, coffee shop, dinner house, drive-through restaurant, fast food service, fountain lunches, lunchrooms, pancake and waffle houses, sandwich shops, and tea rooms.”
The Planning Division has interpreted a restaurant as an establishment that has a commercial kitchen consisting of cooking appliances to include preparation areas and refrigeration for the purpose of serving meals prepared on-site. Other businesses that would fall into the restaurant category would be a coffee shop as it requires equipment in the preparation of coffee, tea and can sell prepared food s such as pastries, and sandwiches.
In the Central Business District (CBD) zoning category, per Section 92.09.01(C) a restaurant is required to obtain a Land Use Permit which regulates the number of tables and chairs indoor and outdoor as well as other conditions of approval. A restaurant with liquor service commonly operates with a Type 47 (On-Sale General - Eating Place) liquor license issued by the California Alcohol Beverage Control Department (ABC). This authorizes the establishment to sell beer, wine and spirits and must operate as a bona fide eating place. At the May 26, 2022 Council meeting, there were questions as to the license types granted to Moxies and the Village located at 262 and 266 South Palm Canyon Drive. Both establishments operate with a Type 47 liquor license and have Land Use Permits in place that regulate indoor and outdoor tables and chairs and permit accessory indoor entertainment, subject to conditions. However, as restaurants, food service must be the primary activity (in t erms of operations and revenue), and the liquor service and entertainment must be secondary or accessory uses.
A cocktail lounge/nightclub for the purpose of categorizing a land use is an establishment that does not meet the definition of a restaurant and derives its majority of sales from the sale of liquor. The applicable ABC license is a Type 48 (On- Sale General – Public Premises) which authorizes the sale of beer, wine and spirits and does not require the sale of food. PSZC Section 92.09.01(D)(3) states that a cocktail lounge/nightclub must obtain a Conditional Use Permit (CUP). The CUP process requires the filing of a floor plan which allows Staff to determine if a kitchen is present. In the case of the subject application, a kitchen is not proposed, and the establishment is considered a cocktail lounge/nightclub.
At the May 26, 2022 Council meeting , a question was asked if the original CUP granted for “The Bank” in 2015 could be amended to allow the proposed cocktail lounge/nightclub.
Planning Commission Resolution #6529 grants approval for a “Meeting Hall” and makes Item 2B - 3
City Council Staff Report
June 30, 2022 – Page 4
5.1544 CUP – Fuego Nightclub – Appeal
required findings as a place of assembly , and as stated earlier in this Staff Report the PSZC has been changed to allow a meeting hall use with a Land Use Permit , thus eliminating the possibility of an amended CUP.
Security Plan
A Security Plan has been reviewed and agreed upon by the Palm Springs Police Department (PSPD) and the applicant as presented at previous meetings. At the May 12, 2022 Council meeting, PSPD provided additional discussion via email relative to parking, jaywalking, noise, and crime. The Council continued the item to a date certain of June 30, 2022 to allow the applicant to respond to concerns of the PSPD. A meeting was held between the applicant, Police Captain Kovaleff, and Lieutenant Hutchinson on May 19, 2022, to discuss issues related to noise mitigation and crime. While the Police Department has signed the security plan, there are continued concerns about noise impacts to adjacent residents and businesses, as well as concerns about crime impacts to adjacent areas that cannot be addressed under the security plan.
Pedestrian Safety
Planning Staff discussed the possibility of providing a mid-block pedestrian crossing with the Engineering Division and the potential cost associated with the construction. The estimated cost of a mid- block crossing using a flashing beacon such as the recently installed equipment on East Palm Canyon Drive near Elmer’s Restaurant is approximately $80,000 to $150,000 depending on the infrastructure required. A full “hawk” system , like a traffic signal, is approximately $300,000 to $400,000. If the application is approved, staff recommends a condition of approval be included that would require a study be conducted and paid for by the applicant to determine the type of mid- block crossing warrants after the operation has commenced and subsequently installed if warranted.
CONCLUSION:
Upon conclusion of the discussion and deliberations, and review of all applicable testimony, the City Council may approve the request and grant the CUP and overturn the decision of the Planning Commission or may deny the request based on the inability to make the required findings pursuant to PSZC Section 94.02.00.
Should the City Council approve the CUP, Staff suggests the following conditions of approval be added:
1. The Applicant shall provide a direct telephone number to the Police Department for a manager on duty that can respond to calls and can quickly address issues raised by adjacent residents and business owners.
2. The Applicant shall p rovide a parking management plan within three (3) months after opening that is reviewed and approved by t he Planning Director . T he Applicant is responsible for continued compliance with said plan.
3. The Applicant shall conduct an independent Engineering Study for a mid -block Item 2B - 4
City Council Staff Report
June 30, 2022 – Page 5
5.1544 CUP – Fuego Nightclub – Appeal
pedestrian crossing to be reviewed by the City Engineer and presented as part of the Planning Commission’s six (6) month review. If the study concludes that a mid- block crossing is necessary, the applicant is responsible for the cost of design and construction, which shall be completed within one year of the Engineering Study.
Other conditions previously presented include a six (6) month operation review by the Planning Commission; noise mitigation measures; and compliance with Security Plan.
REVIEWED BY:
Assistant Planning Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
1. Vicinity Map
2. Draft Resolution – Denying Appeal
3. Draft Resolution – Approving Appeal
4. Conditions of Approval
5. Security Plan
6. Resolution #6529 for “The Bank” CUP
7. Email from Officer Frank Guarino dated May 5, 2022
8. Email from City Engineer on mid-block pedestrian crossing
9. Justification letter for “The Bank” dated 8-11-2015
Additional exhibits, previous staff reports, noise studies, and public comment are available in City Council staff report of April 21, 2022, which is available at the following link:
https://destinyhosted.com/palmsdocs/2022/CC/20220421_1367/3708_2A_-_OCR.pdf
Item 2B - 5
ATTACHMENT #1
Item 2B - 6
Item 2B - 7
Department of Planning Services
Vicinity Map
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CITY OF PALM SPRINGS
Case # 5.1544 CUP
Fuego Nightclub
383 S. Palm Can on Drive
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ATTACHMENT #3
Item 2B - 8
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA DENYING THE APPEAL BY
PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP)
FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504 -SQUARE FOOT BUILDING WITH
ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383
SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1544
CUP).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. LWSC, LLC, (Building Owner) c/o PSPC Enterprises LLC (dba Fuego Nightclub) (“Applicant”) has filed a Conditional Use Permit application, Case 5.1544 CUP, with the City pursuant to Sections 94.02.00 (Conditional Use Permit) of the Palm Springs Zoning Code; proposing a tenant improvement for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
B. On March 9, 2022, a public hearing on the applications to consider Case
5.1544 CUP was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 7-0 to deny the application based on not being able to make finding #2 that the proposed use is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On March 17, 2022, PSPC Enterprises LLC filed an appeal to the City Council of the March 9, 2022 Planning Commission’s decision to deny Case 5.1544 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1544 CUP was given in accordance with applicable law.
E. On April 12 and May 12, 2022, the City Council of the City of Palm Springs, California, held a public hearing on the Planning Commission’s decision to deny Case
5.1544 CUP, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting.
F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, and all written and oral testimony presented.
G. Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that five findings be met in order to approve a Conditional Use Permit. The City Council finds the following relative to these findings and the proposed the Conditional Use Permit application, Case 5.1544 CUP:
Item 2B - 9
City Council Resolution June 30, 2022
Case No. 5.1544 CUP – Fuego Nightclub Page 2 of 3
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
As noted in Zoning Code Section 92.09.00, The Central Business District is intended to be a compact, lively, active, intensively used area catering to the pedestrian with specialty retail, restaurants and entertainment uses. However, the Planning Commission has determined that the proposed use as a nightclub with late night hours and DJ music is not desirable for the community and has the potential to be detrimental to the adjacent residential uses. The proposed noise attenuation measures inside the building will not fully contain the noise and there is potential for disturbances to occur in the off -street parking lot which adjoins residential apartments and hotels. Therefore, the Planning Commission cannot make this finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Council rejects the appeal and denies Case 5.1544 CUP, a conditional use permit for a nightclub/lounge use located at 383 South Palm Canyon Drive.
SECTION 3. That this action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code Regs.) Section 15061(b)(4), which states projects are exempt from CEQA if the project is rejected or disapproved.
ADOPTED THIS 30th DAY OF JUNE, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2B - 10
City Council Resolution June 30, 2022
Case No. 5.1544 CUP – Fuego Nightclub Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim 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:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2B - 11
ATTACHMENT #2
Item 2B - 12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA APPROVING THE APPEAL
BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB)
OF THE PLANNING COMMISSION’S DENIAL DECISION
AND APPROVING A CONDITIONAL USE PERMIT (CUP)
FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504 -SQUARE FOOT BUILDING WITH
ACCOMPANYING OFF -STREET PARKING, LOCATED AT
383 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE
5.1544 CUP).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. LWSC, LLC, (Building Owner) c/o PSPC Enterprises LLC ( dba Fuego Nightclub) (“Applicant”) filed a Conditional Use Permit application, Case 5.1544 CUP, with the City pursuant to Section 94. 02.00 ( Conditional Use Permit ) of the Palm Springs Zoning Code; proposing a tenant improvement for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
B. On March 9, 2022, a public hearing on the applications to consider Case
5.1544 CUP was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 7-0 to deny the application based on not being able to make finding #2 that the proposed use is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On March 17, 2022, PSPC Enterprises LLC filed an appeal to the City Council of the March 9, 2022 Planning Commission’s decision to deny Case 5.1544 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1544 CUP was given in accordance with applicable law.
E. On April 12 and May 12, 2022, the City Council of the City of Palm Springs, California, held a public hearing on the Planning Commission’s decision to deny Case
5.1544 CUP, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting.
F. T he proposed tenant improvement and conditional use permit is considered a “p roject” pursuant to the California Environmental Quality Act (“CEQA”). The City Council has evaluated the project under the guidelines of CEQA and determined it to be exempt from further analysis under CEQA as a Type 1 ( Existing Facilities) Categorical Exemption. The applicant provided a noise study, and the City hired a consultant to peer review the report. Both had recommendations for improvements on the building interior Item 2B - 13
City Council Resolution No. June 30, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 2 of 5
to mitigate and provide noise attenuation as part of attached Conditions of Approval.
G. The Palm Springs Police Department reviewed the project and devised a Security Plan to be implemented by the business owner to include cameras, security guards, and appropriate technology to regulate noise and provide a safe environment for employees, and patrons.
H. T he City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, and all written and oral testimony presented.
I. Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that five findings be met in order to approve a Conditional Use Permit. The City Council finds the following relative to these findings and the proposed the Conditional Use Permit application, Case 5.1544 CUP:
1. That the use applied for at the location set forth in the application is properl y one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Zoning Code Section 92.09.01 (D,3) nightclubs and cocktail lounges are permitted in the CBD zone with approval of a CUP.
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
As noted in Zoning Code Section 92.09.00, the Central Business District is intended to be a compact, lively, active, intensively used area catering to the pedestrian with specialty retail, restaurants and entertainment uses. The proposed use will be desirable for the development of the community as a new entertainment venue in the CBD zone.
as the main activity center and cultural core of the community… theaters, museums, retail, and other entertainment venues are encouraged.”
The proposed nightclub use is in harmony with the goals and policies of the general plan as follows:
• Policy LU7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City.
• Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both Item 2B - 14
City Council Resolution No. June 30, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 3 of 5
daytime and evening activity.
• Page 16 of the Downtown Urban Design Guidelines states, “Encourage adaptive reuse of historic buildings…”
• Policy CD 28.7 Encourage developers of sites containing a significant architectural, historical or cultural structure to adaptively reuse and expand it.
• Policy CD30.3: Encourage uses that maintain extended evening hours and support nighttime activity in the downtown.
Finally, the proposed use will involve an entertainment venue that will be required to adhere to the noise ordinance, comply with a security plan, and remain in compliance with the law to ensure the use is not detrimental to other uses in the CBD.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The site on which the nightclub/lounge use is proposed is fully developed with an existing building, and off-street parking. It is well located in the Central Business District where restaurant and nightclub uses are encouraged. The site has a thirty- four (34) space off-street parking lot that surrounds the building to accommodate the proposed use. The existing building is located in an area known for its larger buildings that have been adaptively reused from former financial institutions to medical offices, retail establishments, and entertainment venues.
4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.
The mid- block site on which the nightclub use is proposed fronts South Palm Canyon Drive, a major thoroughfare on the City’s Circulation Map, and thus is appropriately sited to handle the vehicular traffic generated by the proposed use.
It is also in the pedestrian-oriented downtown, and is served by major transit lines along Palm Canyon Drive.
5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.
The nightclub use is proposed to include an indoor dance floor that will also accommodate periodic special events. The proposed conditions of approval include requirements for addressing noise and light impacts that may be generated by the proposed use such that no nuisances or adverse impacts occur. Mitigation measures are proposed on the interior of the building to provide sound attenuation Item 2B - 15
City Council Resolution No. June 30, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 4 of 5
preventing noise from emitting off the site.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 1530 1of the CEQA Guidelines (Class 1 , Existing Facilities).
SECTION 3. That the City Council approves the appeal to overturn the denial decision of the Planning Commission and approves the project subject to the conditions of approval included in Exhibit A, for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
ADOPTED this 30th day of June, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2B - 16
City Council Resolution No. June 30, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 5 of 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim 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:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 2B - 17
ATTACHMENT #4
Item 2B - 18
RESOLUTION NO.
EXHIBIT A
Case #5.1544 CUP
Fuego Nightclub and Lounge
383 South Palm Canyon Drive
June 30, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 5.1544 CUP; except as modified with the conditions below;
ADM 2. Reference Documents . The site shall be developed and maintained in accordance with the approved plans, date d 9-23-21, including site plans, and architectural elevations.
ADM 3. Conform to all Codes and Regulations . The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arisin g, in any way, out of the activities authorized by t his Conditional Use Permit. The City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associate d legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, ther eafter, be Item 2B - 19
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
2 responsible to defend, indemnify, or hold harmless the Indemnitees.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnif ication herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair . The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sid ewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval . Approval of the Conditional Use Permit (CUP) shall be valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon demonstration of good cause.
ADM 8. Revocation or Voiding of Conditional Use Permit Approval of this Conditional Use Permit is subject to all terms and conditions outlined herein and pursuant to Zoning Code Section 94.02.00 (G).
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Ch apter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 10. Cause No Disturbance . The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, will require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocat ion of this permit, temporary business closure or criminal prosecution ADM 11. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety p roblems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building Item 2B - 20
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
3 and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law.
ADM 12. Comply with City Noise Or dinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 13. Control of Noise. Live entertainment is permitted in the dance floor area only and all exterior doors and windows shall be closed immediately upon request of the enforcement officer.
ADM 14 Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier’s check payable to the Riverside County Clerk within two business days of the Commission’s final action on the project. This fee shall be submitted by the City to the County Clerk wi th the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA).
ENV 2. California Fish & Game Fees Required . The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to is suance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on Item 2B - 21
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
4 buildings, down-lights shall be utilized. No lighting of hillsides is permitted. No outdoor lighting shall be affixed to the historic structure.
PLN 2. California Alcohol Beverage Control. The applicant shall be required to obtain a Type 48 liquor license for a nightclub/lounge. If the license process requires the issuance of a Reso lution of Public Convenience and Necessity (PCN) the Planning Commission supports the request per this Resolution.
PLN 3. Noise Mitigation. The applicant shall implement noise attenuation measures as stipulated in the Eiler Associates and the Urban Crossroads acoustical reports to include the following:
a. Install a permanent noise monitoring device along the western property line to allow the on -site manger to monitor and review the noise levels in real time and control interior noise levels.
b. Install a noise attenuation wall system along the entire length of the west interior wall to prevent flanking which could occur if only ¼ thick glass were installed.
c. Seal all doors, cracks, penetrations as recommended by the Eilar report.
PLN 4. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.
PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.
PLN 6. Hours of Operation ; Hours of operation shall be Thursdays to Sundays from 4:00 PM until 2:00 AM.
PLN 7. Sound Levels. In accordance with the Eilar Associates noise study (dated 12/22/21), and shown in Figure 5 of the report, the sound pressure level in the west rear parking lot shall not have a measurable noise level abo ve 50 dBA during operation outside the building.
PLN 8. Sound Limiter. In accordance with industry standards, the operator shall install and maintain a hardware or software volume limiter, as deemed acceptable by the Planning Director, to ensure compliance with the noise ordinance. The operator shall maintain the sound system, including limiter, to ensure compliance with the conditions of this permit.
PLN 9. Exterior Sound Monitoring Station. The installation of a sound monitoring station(s) on the exterior west property wall is required as a mitigation measure with results presented to the Planning Commission at the periodic operational review hearings.
Item 2B - 22
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
5 PLN 10. Sound Mitigation Measures. The Applicant shall improve the interiors of the tenant space utilizing appropriate techniques and materials to reduce sound transmission outside of the business’ interior.
PLN 11. Control of Low Frequency Sound. Low frequency (bass) sound levels shall be limited and shall not create noise or a nuisance to surrounding properties.
PLN 12. Outdoor Special Events. There are no outside events permitted on the site.
PLN 13. Conformance Review. The proposed use shall be reviewed by the Planning Commission for conformance with the se conditions six (6) months after the issuance of the Certificate of Occupancy (“C of O”) for the tenant space unless the Director determines a review sooner is warranted based on documented complaints.
PLN 14. West Side Doors Exit Only The applicant shall post signs inside the tenant space at the west side doors denoting “Emergency Exit Only”, to discourage patrons from routinely using those doors in leaving the premises.
Conditions imposed by City Council:
PLN 15. The Applicant shall provide a direct telephone number to Police Department for a manager on duty that can respond to calls and can quickly address issues raised by adjacent residents and business owners.
PLN 16. The Applicant shall provide a parking management plan within three (3) months after opening that is reviewed and approved by the Planning Director. The Applicant is responsible for continued compliance with said plan.
PLN 17. The Applicant shall conduct an independent Engineering Study for a mid-block pedestrian crossing to be reviewed by the City Engineer and presented as part of the Planning Commission’s six (6) month review. If the study concludes that a mid-block crossing is necessary, the applicant is responsible for the cost of design and construction, which shall be completed within one year of the Engineering Study.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 “Building Security Codes” of the Palm Springs Municipal Code.
POL 2. Applicant shall develop a security plan for the operation of the business that shall be reviewed and approved by the Palm Springs Police Department. The applicant / operator shall implement and remain in compliance with the approved security plan at all times. Evidence demonstrating non -compliance with the approved security plan may result in revocation of the Conditional Use Item 2B - 23
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
6 Permit, in accordance wit h Section 94.02.00(l) of the Zoning Code. Security provisions shall be included for Thursday nights.
BUILDING DEPARTMENT CONDITIONS
BLG 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
(none.)
FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.
FID 2. Fire Department Conditions were based on the 2016 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “O” Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.
Item 2B - 24
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
7 Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire p rotection service and approved by the Fire Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall b e provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.
FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.
FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed i n an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.
FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.
FID 9. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C -16 licensed fire sprinkler contractor shall perform system Item 2B - 25
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nightclub June 30, 2022
8 design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.
FID 10. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C -10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.
FID 11. Exit Analysis Required: An exit analysis will be required to be submitted by a licensed architect.
FID 12. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.
FID 13. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.
END OF CONDITIONS
Item 2B - 26
ATTACHMENT #5
Item 2B - 27
Item 2B - 28
SECURITY PLAN
FUEGO NIGHTCLUB, PALM SPRINGS
383 S. Palm Canyon Drive
Palm Springs, CA 92264
Except as otherwise noted below, all conditions are effective immediately upon approval of the associated Conditional Use Permit (CUP) and shall be continuously implemented while the CUP remains in effect.
OVERVIEW
Fuego Nightclub is a three story building, located at 383 South Palm Canyon. The building has one door to the east and one door to the west. The east door will serve as the main ingress and the west door will serve as the egress. To gain entry to the main nightclub, you can either use the elevator located on the ground level or the staircase which are located just inside the main ingress. Both the stairs and elevator provide access to the main, (second floor) bar and dance floor. The third story will contain VIP rooms for guests. the DJ, a restroom, small break room and an office for management. Parking for the nightclub will be on premise to the rear of the building. The building has two rear doors which will act as emergency exits. One door is located on the third floor and the other is located on the second floor.
MINORS:
Applicant sha]] ensure that staff request proper ID from anyone who appears to be under the age of 25 and ensure that signs are posted at a conspicuous location at each point of entry to the business. These signs shall, at a minimum, state that ID is required upon request.
Applicant shall reserve the right to refuse service to anyone at the discretion of the staff.
SPECIAL NOTIFICATION:
The Applicant shall notify the Palm Springs Police Department if any special event will take place at this location outside of nonnal operating conditions. Example: Concert, live band, special appearances by a popular person and or group, Saint Patrick's Day Party, New Year's Eve Party or any event which suspected max capacity crowds will attend or suspected large wait lines on the sidewalk in front of the establishment.
STAFF TRAINING:
All members of the staff shall be trained to the management's policies, procedures and standards. All staff members shall be made aware of these policies, procedures and standards by signing their name into the policies and procedures manual provided by 1 I P ~l gt:
Item 2B - 29
-
management for proof of understanding. These policies shall incorporate the suggested following training; Sexual harassment. Emergency Evacuation Procedures, California Department of Alcoholic Beverage Control LEAD Training, Surveillance Video Training, Active Shooter Training and when to contact Law Enforcement and the Palm Springs Fire Department.
All certificates of required training and any additional training for each employee shall be maintained at the business for review, during employees' employment and for three (3) years following each employee's separation from employment. These documents shall be immediately available upon request from The City of Palm Springs or the Palm Springs Police Department or their designated representatives.
Applicant shall establish and post a security training protocol to include the security related conditions of this permit and protocols for contacting the Palm Springs Police Department in the event of an emergency or observance of i Ilic it activity.
All management, security personnel and employees serving or distributing alcohol shall attend the Licensee Education on Alcohol and Drugs (LEADS) alcohol training class, sponsored by the Department of Alcoholic Beverage Control (ABC). At least once per calendar year, a designee of the management will enroll in and attend the LEADS alcohol training class, to maintain proficiency in all ABC-related issues. This three-and-a-half. hour training on ABC licensee education on alcohol and drugs is offered free to all attendees.
Security officers employed by Applicant as employees (proprietary security officers) shall meet the standards prescribed by section 7574.12 of the Business and Professions Code. All proprietary security officers are required to meet the standards prescribed by section 7574.10 of the Business and Professions Code prior to employment.
Each employee shall, prior to commencement of employment, complete Crowd Management Training, which is offered by a variety of on-line companies for a nominal price.
SAFETY MEASURES:
During regular business hours on Thursday, Friday, Saturday and Sunday, the Applicant will be obligated to ensure that a minimum of two (2) security guards will be posted at all locations where access to the establishment can be achieved (first floor ingress/egress).
PSPC Enterprises will be obligated to a total of no less than five (5) security officers assigned to the establishment. This number may be modified at the discretion of the Chief of Police or his appointee.
Applicant shall establish and maintain security screening measures designed to limit the ability of all potential patrons to enter the establishment with a weapon. These measures can include, but are not limited to, the use of a handheld security wand and visual inspections of purses or other personal items carried into the establishment. Applicant 21 Pa g.:
Item 2B - 30
shall reserve the right to refuse service to anyone not willing to submit to these screening measures.
The two (2) security officers assigned to the entrance of the business are not to be included in the minimum of 5 personnel, due to their assigned responsibility at the entrance of the business.
During any events the establishment hosts and anticipates a high volume of people, the Applicant will be obligated to ensure that a minimum of six {6) security officers are assigned to the establishment plus the two security officers at main ingress/egress. This number may be modified at the discretion of the Chief of Police or his appointee.
Security personnel shall wear an easily identifiable uniform or clothing which clearly identifies them as employees of the establishment.
Applicant shall assure that all on-duty security personnel are provided with flashlights and that at least one member of the security staff is equipped with an operating cellular telephone in order to communicate with the Palm Springs Police Department.
The staff sha11 check the entire property to ensure there are no "Dead Spots" in which a cellular phone will not work. The staff must be able to make emergency phone calls from any location inside the establishment and outside the establishment. lf"Dead Spots" are located, it is up to the Applicant to find a solution for the employees to make emergency notifications to the Palm Springs Police Department for law enforcement assistance and the Palm Springs Fire Department for medical emergencies.
Applicant shall install and maintain a video surveillance system as approved by the Chief of Police. Use of the surveillance system shall commence a minimum of one (1) hour before the start of regular business hours or any special events and shall remain in use for until the last patron and employee has left the establishment. The surveillance system shall be operational throughout all regular business hours and during any special events hosted at the establishment. This system shall, at a minimum, monitor any points of ingress or egress to the establishment and all locations within the establishment open to the public. The surveillance video shall record the north, east, west and south perimeter areas of the building. Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress.
Images/video captured by this surveillance system shall be maintained for a period of no less than thirty (30} days and shall be accessible to the Chief of Police or his designee.
Copies of footage shall be made available to the Chief of Police or his designee no later than two (2} business days after a request for the footage is made. There sha11 be at least one ( 1) employee working at all times that can operate the video surveillance system and be able to provide footage to law enforcement upon request. 31Pug.:
Item 2B - 31
Applicant shall be responsible for removing trash, glasses and bottles and monitoring the rear exit area.
The video surveillance system shall be checked daily to make sure it is functioning properly.
Once Applicant is aware the system is not working~ Applicant shall notify the Palm Springs Police Department in writing within twenty-four (24) hours. The Applicant shall have the video surveillance system fully operational within seven, (7) days. Upon repair, Applicant shall again notify the Palm Springs Police Department and a representative from the Palm Springs Police Department will inspect to make sure the system is working properly. At no time shall any of the recorded video be intentionally erased, deleted, modified, or sabotaged.
Applicant shall ensure that frequent (every 30 minutes) patrols of the areas surrounding the business, including all parking lots utilized by patrons and adjacent sidewalks, and are conducted during business hours. These patrols, which should discourage patrons from loitering on the property, shall be conducted on foot and include removal of any litter.
Records of these patrols shall be maintained on a daily log which shall be retained for a minimum of sixty (60) days. This log shall be made available for review upon request by the Chief of Police or his designee. All off-site patrols shall be considered extensions of security duties already in place at the business. Security personnel shall at no time be acting as agents of the Palm Springs Police Department during these patrols.
Each night. upon closing of the business. Applicant shall ensure that security staff patrols the front of the business and the parking lot areas utilized by patrons of the business to facilitate the departure of these patrons and to discourage loitering.
Applicant shall install and maintain lighting on the perimeter of said building. Perimeter shall include all four outer comers of the building, parking area where staff, visitors and customers park. Lighting shall be installed at the main ingress as well as side or rear egress locations. (Lighting must conform and be approved by the City of Palm Springs according to rules and regulations). Applicant shall fix any inoperable lighting on the building or in the parking lot within two weeks of discovery of inoperable light(s). The Chief of Police may request for Applicant to add additional lighting at any time.
A(JIVE SHOOTER, STABBER. OTHER WEAPONS
In case of such event, Law Enforcement and medical personnel will immediately be contacted by security with as much information as known.
Security will contact the Palm Springs Police Department immediately to coordinate a response. If the shooting ( or use of any other weapon) has ceased, then an attempt to locate the subject will continue until the location is deemed safe.
Item 2B - 32
Due to the nature of such event, the only way to move attendees safely to a designated area is not possible until such event occurs. At that point all attendees will move to a safe area away from the threat.
Once the subject is located, law enforcement will take over the scene and all other personnel will leave the area to a safe place.
If gun fire occurs amongst patrons, staffed security will handle the containment of the scene and all persons involved. The containment of such a scene will be handled with the upmost concern for all persons inside the establishment and to properly maintain any and all evidence present for law enforcement to gather to conduct a thorough investigation.
At this point, all video taken at the property will be immediately provided to the Palm Springs Police Department as evidence for a situation or to attempt to i'ticate where, who or what the suspect is using and for identification purposes.
If any weapons are found on person(s) and or in public view {unattended), the Palm Springs Police Department will be immediately contacted to respond and gain possession of such item(s) for proper collection.
It is recommended that the entire staff be trained by the Palm Springs Police Department on Active Shooter Training. This training could occur annually and can be scheduled through our training department.
SEXUAL HARASSMENT/ASSAULT
Zero tolerance policy. Offenders will be removed immediately and the Palm Springs Police Department shall be contacted immediately.
BOMB THREAT
Bomb threats are most commonly received via phone, but are also made in person, via email, written note, or other means. Every bomb threat is unique and shall be handled in the context of the facility or environment in which it occurs. Facility supervisors and law enforcement will be in the best position to determine the credibility of the threat. Follow these procedures:
• Remain calm.
• Notify authorities immediately. Employee shall notify his/her supervisor, such as a manager, operator, or administrator, or follow the facility's standard operating procedure.
• Call 9-1-1 or the local law enforcement if no facility supervisor is available.
ADDITIONAL INFORMATION:
This Security Plan, and each requirement contained in this Security Plan, shall constitute a condition of approval for CUP (Case No. 5.1544}. In the event of a violation of any condition of approval for CUP (Case No. 5.1544), including this Security Plan or any SIP,1ge
Item 2B - 33
requirement contained herein, the Police Chief may, in writing, order the establishment closed until such violation has been corrected to the satisfaction of the Police Chief. In the event of such closure, the Applicant shall, within ten (10} days of written notice of such closure, have the right to appeal such decision to the City Council. In the event of such appeal, the matter shall be conducted and heard by the City Council in accordance with the revocation procedures set forth in 94.02.00(1) of the Palm Springs Municipal Code. In addition, any violation of any condition of approval for CUP (Case No.
5.1279), including this Security Plan or any requirement contained herein, shall be deemed a violation of the Palm Springs Municipal Code, for which the City shall be entitled to seek any legal or equitable remedy, including civil, criminal or administrative remedies.
In the event the City seeks to impose administrative fines, such fines shall eb in the amount of $2,500 per violation, which shall otherwise be processed in accordance with the procedures contained in Chapter 1.06 of the Palm Springs Municipal Code.
Prior to the seeking of any such remedies by the City, the City may (but shall not be required to) request a meeting with the Applicant to seek to address the issues raised by the violations.
At any time, the Chief of Police or designee may amend or update this Security Plan based on the need or requirements which he/she deems reasonable.
At such time as the business is sold or otherwise changes management and the person named below are no longer responsible for the business' operation, such new management or owner shall notify the City within twenty-four (24) hours. The new management or owner shall meet with the designated representative from the Palm Springs Police Department to implement a new security plan within thirty (30) days following the change of management. Hqwever, it shall be the responsibility of the new Owner/Manager to implement this security plan until such time as the new security plan is approved and implemented.
All below listed personnel have reviewed and approved this Security Plan document drafted specifically for the business located at 383 South Palm Canyon Drive, commonly referred to as "Fuego Nightclub".
Date:
By:
Owner/Manager: Justine Boyer
Date:. ________ _
By: --------Owner/Manager: Hugo Vasquez
Item 2B - 34
Date:
By: By:
PSPD PSP
ATTACHMENT #6
Item 2B - 35
Item 2B - 36
RESOLUTION
NO.
6529
A
RESOLUTION
OF
THE
PLANNING
COMMISSION
OF
THE
CITY
OF
PALM
SPRINGS,
CALIFORNIA,
APPROVING
CASE
5.1383,
A
CONDITIONAL
USE
PERMIT
(CUP)
TO
OPERATE
A
MEETING
HALL
AT
383
SOUTH
PALM
CANYON
DRIVE.
WHEREAS,
383
South,
.LLC
on
behalf
of
LWSC,
LLC
("Applicant")
has
filed
a
Conditional
Use
Permit
application
with
the
City
pursuant
to
Section
94.02.00 of
the
Zoning
Code
to
allow
a
meeting
hall
use
within
an
existing
commercial
building
located
at
383
South
Palm
Canyon
Drive,
Zone
CBD,
Section
15,
APN:
513-030-006;
and
WHEREAS,
a
meeting
hall
may
be
permitted
in
the
CBD
(Central
Business
District)
Zone
with
the
approval
of
a
Conditional
Use
Permit,
pursuant
to
Section
92.09.01 (D)(
12)
of
the
Zoning
Code;
and
WHEREAS,
notice
of
public
hearing
of
the
Planning
Commission
of
the
City
of
Palm
Springs
to
consider
Case
No.
5.1383
-
CUP
was
given
in
accordance
with
applicable
law;
and
WHEREAS,
on
September
9,
2015,
a
public
hearing
on
the
application
was
held
by
the
Planning
Commission
in
accordance
with
applicable
law;
and
WHEREAS,
the
proposed
project
is
considered
a
"project"
pursuant
to
the
terms
of
the
California
Environmental
Quality
Act
("CEQA"),
and
has
been
determined
to
be
Categorically
Exempt
as
a
Class
I exemption
(Existing
Facilities)
pursuant
to
Section
15301
of
the
CEQA
Guidelines;
and
WHEREAS,
the
Planning
Commission
has
carefully
reviewed
and
considered
all
of
the
evidence
presented
in
connection
with
the
hearing
on
the
project,
including,
but
not
limited
to,
the
staff
report,
and
all
written
and
oral
testimony
presented.
THE
PLANNING
COMMISSION
HEREBY
FINDS
AS
FOLLOWS:
Section
1:
Section
94.02.00(8)(6)
of
the
Zoning
Code
requires
the
Planning
Commission
not
approve
a
Conditional
Use
Permit
unless
it finds
as
follows:
1. That
the
use
applied
for
at
the
location
set
forth
in
the
application
is
properly
one
for
which
a
conditional
use
permit
is
authorized
by
this
Zoning
Code.
Section
92.09.01 (0)(12)
of
the
Palm
Springs
Zoning
Code
permits
a
meeting
hall
in
the
CBD
zone
when
approved
under
a
Conditional
Use
Permit.
2. That
the
use
is
necessary
or
desirable
for
the
development
of
the
community,
is
in
harmony
with
the
various
elements
or
objectives
of
the
general
plan,
and
is
not
detrimental
to
existing
uses
or
to
future
uses
specifically
permitted
in
the
zone
in
Item 2B - 37
Planning
Commission
Resolution
No.
6529
Case
5.1383
CUP
-
The
Bank at
383
S.
Palm
Canyon
Drive
which
the
proposed
use
is
to
be
located.
September
9,
2015
Page
2 of
3 The
use
will
provide
entertainment
and
gathering
space
within
the
Central
Business
District
of
downtown
Palm
Springs.
The
proposed
use
is
desirable
for
the
development
of
the
community
as
it
adds
tourist
economy
of
the
City
and
will
be
located
in
the
vicinity
of
downtown.
A
meeting
hall
at
the
proposed
location
is
not
anticipated to
be
detrimental
to
existing
uses
or
future
uses
specifically
permitted
in
the
CBD
zone.
3. That
the
site
for
the
intended
use
is
adequate
in
size
and
shape
to
accommodate
such
use,
including
yards,
setbacks,
walls
or
fences,
landscaping,
and
other
features
required
in
order
to
adjust
such
use
to
those
existing
or
permitted
future
uses
of
land
in
the
neighborhood.
The
proposed
use
is
within
a
commercial
building
with
adequate
parking
as
required
by
the
zoning
code.
The
business
will
operate
an
event
and
meeting
space
of
approximately
4,000-square
feet
in
size
and
no
additional
square
footage
is
necessary
to
accommodate
the
proposed
use.
Therefore,
the
site
is
adequate
in
size
and
shape
to
accommodate
the
proposed
use.
4. That
the
site
for
the
proposed
use
relates
to
streets
and
highways
properly
designed
and
improved
to
carry
the
type
and
quantity
of
traffic
to
be
generated
by
the
proposed
use.
The
project
site
is
located
adjacent
to
South
Palm
Canyon
Drive,
which
is
designated
as
a
Major
Thoroughfares
in
the
General
Plan
Circulation
Element,
and
is
improved
with
three
vehicle
lanes.
Public
transit
is
also
available
on
Palm
Canyon
Drive.
The
assembly
space
is
approximately
4,000-square
feet
in
size
and
any
traffic
generated
by
the
proposed
use
will
be
insignificant
to
the
streets
and
highways. 5.
That
the
conditions
to
be
imposed
and
shown
on
the
approved
site
plan
are
deemed
necessary
to
protect
the
public
health,
safety
and
general
welfare
and
may
include
minor
modification
of
the
zone's
property
development
standards.
Such
conditions
may
include:
a.
Regulation
of
use
b.
Special
yards,
space
and
buffers
c.
Fences
and
walls
d.
Surfacing
of
parking
areas
subject
to
city
specifications
e.
Requiring
street,
service
road,
or
alley
dedications
and
improvements
or
appropriate
bonds
f.
Regulation
of
points
of
vehicular
ingress
and
egress
g.
Regulation
of
signs
h.
Requiring
landscaping
and
maintenance
thereof
i.
Requiring
maintenance
of
grounds
j.
Regulation
of
noise,
vibrations,
odors,
etc.
Item 2B - 38
Planning
Commission
Resolution
No.
6529
September
9,
2015
Page
3 of
3 Case
5.1383
CUP
-
The
Bank
at
383
S.
Palm
Canyon
Drive
k.
Regulation
of
time
for
certain
activities
I.
Time
period
within
which
the
proposed
use
shall
be
developed
m.
Duration
of
use
n
Dedication
of
property
for
public
use
o.
Any
such
other
conditions
as
will
make
possible
the
development
of
the
city
in
an
orderly
and
efficient
manner
and
in
conformity
with
the
intent
and
purposes
set
forth
in
this
Zoning
Code,
including
but
not
limited
to
mitigation
measures
outlined
in
an
environmental
assessment.
The
proposal
is
to
operate
a
meeting
hall
in
an
existing
building.
Conditions
of
Approval
have
been
included
in
the
attached
Exhibit
A
to
ensure
that
the
use
operates
in
a
manner
which
protects
the
public
health,
safety
and
general
welfare.
These
conditions
include
compliance
with
the
City's
noise
ordinance
and
other
necessary
requirements.
NOW,
THEREFORE,
BE
IT
RESOLVED
that,
based
upon
the
foregoing,
the
Planning
Commission
hereby
approves
Case
No.
5.1383
-
CUP,
a
Conditional
Use
Permit
to
allow
a
meeting
hall
with
assembly
area
of
approximately
4,000-square
feet
within
an
existing
commercial
building
located
at
383
South
Palm
Canyon
Drive,
subject
to
the
conditions
set
forth
in
the
attached
Exhibit
A.
ADOPTED
this
9 th
day
of
September,
2015.
AYES: NOES:
6,
Weremiuk,
Middleton,
Calerdine,
Donenfeld,
Lowe
and
Chair
Klatchko
None
ABSENT: ABSTAIN: ATTEST:
1 ,
Vice-Chair
Roberts
None
:t
~
~
~,
Q
jnn
Fagg,
AIC~
,(
Director
of
Planning
Services
CITY
OF
PALM
SPRINGS,
CALIFORNIA
Item 2B - 39
RESOLUTION NO. 6529
EXHIBIT A
Case 5.1383 CUP
The Bank (Meeting Hall)
383 South Palm Canyon Drive
September 9, 2015
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1383 CUP, except as modified the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans date stamped August 12, 2015 and on file in the Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1383 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter Item 2B - 40
'._,
Resolution
No.
6529
Conditions
of
Approval
5.1383
CUP
-
"The
Bank"
Meeting
Hall
Page
2 of
6 September
9,
2015
and
pay
the
City's
associated
legal
costs
or
will
advance
funds
to
pay
for
defense
of
the
matter
by
the
City
Attorney.
If
the
City
of
Palm
Springs
fails
to
promptly
notify
the
applicant
of
any
such
claim,
action
or
proceeding
or
fails
to
cooperate
fully
in
the
defense,
the
applicant
shall
not,
thereafter,
be
responsible
to
defend,
indemnify,
or
hold
harmless
the
City
of
Palm
Springs.
Notwithstanding
the
foregoing,
the
City
retains
the
right
to
settle
or
abandon
the
matter
without
the
applicant's
consent
but
should
it
do
so,
the
City
shall
waive
the
indemnification
herein,
except,
the
City's
decision
to
settle
or
abandon
a
matter
following
an
adverse
judgment
or
failure
to
appeal,
shall
not
cause
a
waiver
of
the
indemnification
rights
herein.
ADM
6. Maintenance
and
Repair.
The
property
owner(s)
and
successors
and
assignees
in
interest
shall
maintain
and
repair
the
improvements
including
and
without
limitation
all
structures,
sidewalks,
bikeways,
parking
areas,
landscape,
irrigation,
lighting,
signs,
walls,
and
fences
between
the
curb
and
property
line,
including
sidewalk
or
bikeway
easement
areas
that
extend
onto
private
property,
in
a
first
class
condition,
free
from
waste
and
debris,
and
in
accordance
with
all
applicable
law,
rules,
ordinances
and
regulations
of
all
federal,
state,
and
local
bodies
and
agencies
having
jurisdiction at
the
property
owner's
sole
expense.
This
condition
shall
be
included
in
the
recorded
covenant
agreement
for
the
property
if
required
by
the
City.
ADM
7. Time
Limit
on
Commencement
of
Use.
The
time
limit
for
commencement
of
the
use
authorized
by
this
conditional
use
permit
shall
be
two
(2)
years
from
the
effective
date
of
approval.
A conditional
use
permit
shall
become
effective
after
an
elapsed
period
of
fifteen
( 15)
days
from
the
date
of
the
decision
by
the
commission
authorizing
the
permit.
ADM
8. Right
to
Appeal.
Decisions
of
an
administrative
officer
or
agency
of
the
City
of
Palm
Springs
may
be
appealed
in
accordance
with
Municipal
Code
Chapter
2.05. Permits
will
not
be
issued
until
the
appeal
period
has
concluded.
ADM
9. Cause
No
Disturbance.
The
owner
shall
monitor
outdoor
parking
areas,
walkways,
and
adjoining
properties
and
shall
take
all
necessary
measures
to
ensure
that
customers
do
not
loiter,
create
noise,
litter,
or
cause
any
disturbances
while
on-site.
The
owner
and
operator
shall
ensure
that
at
closing
time,
all
customers
leave
the
property
promptly
and
that
the
property
is
clean
and
secure
before
the
owner/operator
leaves
the
premises.
The
Police
Chief,
based
upon
complaints
and/or
other
cause,
may
require
on-site
security
officers
to
ensure
compliance
with
all
City,
State,
and
Federal
laws
and
conditions
of
approval.
Failure
to
comply
with
these
conditions
may
result
in
revocation
of
this
permit,
temporary
business
closure
or
criminal
prosecution.
Item 2B - 41
Resolution
No.
6529
Conditions
of
Approval
5.1383
CUP
-
"The
Bank"
Meeting
Hall
Page
3 of
6 September
9,
2015
ADM
10. Grounds
for
Revocation.
Non-compliance
with
any
of
the
conditions
of
this
approval
or
with
City
codes
and
ordinances,
State
laws;
any
valid
citizen
complaints
or
policing
and
safety
problems
(not
limited
to
excessive
alcohol
consumption,
noise,
disturbances,
signs,
etc)
regarding
the
operation
of
the
establishment;
as
determined
by
the
Chief
of
Police
or
the
Director
of
Building
and
Safety,
may
result
in
proceedings
to
revoke
the
Conditional
Use
Permit.
In
addition,
violations
of
the
City
Codes
and
Ordinances
will
result
in
enforcement
actions
which
may
include
citations,
arrest,
temporary
business
closure,
or
revocation
of
this
permit
in
accordance
with
the
law.
ADM
11. Comply
with
City
Noise
Ordinance.
This
use
and
property
shall
comply
with
the
provisions
of
Section
11. 7 4
Noise
Ordinance
of
the
Palm
Springs
Municipal
Code.
Violations
may
result
in
revocation
of
this
Conditional
Use
Permit.
Ordinance
Time
of
Day
Ordinance
dBA
Limits
7:00
AM
to
6:00
PM
60 6:00
PM
to
10:00
PM
55 10:00
PM
to
7:00
AM
50 ADM
12. Conditional
Use
Permit
Availability.
The
applicant
shall
provide
a
copy
of
this
Conditional
Use
Permit
to
all
buyers
and
potential
buyers.
PLANNING
DEPARTMENT
CONDITIONS
PLN
1. Alcohol
Sales.
The
Conditional
Use
Permit
authorizes
the
sale
of
beer,
wine,
and
distilled
spirits
in
conjunction
with
scheduled
events
at
383
S.
Palm
Canyon
Drive.
PLN
2. Hours
of
Operation.
The
operating
hours
may
occur
between
6:00
A.M.
and
2:00
A.M.
daily.
Any
future
modifications
to
the
hours
of
operation
shall
require
an
amendment
to
this
Conditional
Use
Permit.
PLN
3. Entertainment
and
Amplified
Noise.
Entertainment
and
amplified
music
shall
be
limited
to
the
interior
of
the
building,
unless
otherwise
approved
by
the
Director
of
Planning
Services.
Bass
levels
shall
be
at
a
reasonable
level
at
the
discretion
of
the
Planning
Director
and
/ or
Chief
of
Police.
A
land
use
permit
shall
be
submitted
to
the
Planning
Department
for
any
outdoor
event
at
the
site
and
the
measurement
of
decibels
may
be
required
to
determine
conformance
with
the
Noise
Ordinance.
PLN
4. Sign
Applications
Required.
No
signs
are
approved
by
this
action.
Separate
approval
and
permits
shall
be
required
for
all
signs
in
accordance
with
Zoning
Ordinance
Section
93.20.00. Item 2B - 42
Resolution
No.
6529
Conditions
of
Approval
5.1383
CUP
-
"The
Bank"
Meeting
Hall
Page
4 of
6 September
9,
2015
PLN
5. Exterior
Alarms
&
Audio
Systems.
No
sirens,
outside
paging
or
any
type
of
signalization
will
be
permitted,
except
approved
alarm
systems.
PLN
6. Outside
Storage
Prohibited.
No
outside
storage
of
any
kind
shall
be
permitted
except
as
approved
as
a
part
of
the
proposed
plan.
POLICE
DEPARTMENT
CONDITIONS
POL
1. The
operator
shall
comply
with
the
noise
ordinance
(Chapter
11. 7 4
of
the
Municipal
Code)
24-hours
a
day.
POL
2. The
operator
shall
work
with
the
Police
Department
to
amicably
resolve
complaints
related
to
meetings
and
events
at
the
property.
BUILDING
DEPARTMENT
CONDITIONS
BLD
1. Construction
Permits.
Prior
to
any
construction
on-site,
all
appropriate
permits
must
be
secured.
FIRE
DEPARTMENT
CONDITIONS
These
Fire
Department
conditions
may
not
provide
all
requirements.
Detailed
plans
are
still
required
for
review.
FID
1 These
preliminary
conditions
are
subject
to
final
plan
check
and
review.
'
Initial
fire
department
conditions
have
been
determined
from
the
CUP
application
dated
August
11,
2015.
Additional
requirements
will
be
required
at
the
time
of
Architectural
plan
submittal.
FID
2 Fire
Department
Conditions
were
based
on
the
2013
California
Fire
Code
as
adopted
by
City
of
Palm
Springs,
Palm
Springs
Municipal
Code
and
latest
adopted
NFPA
Standards.
FID
3 Plans
and
Permits
(CFC 105.1):
Permits
and
scaled
drawings
are
required
for
this
project.
Plan
reviews
can
take
up
to
20 working
days.
Submit
a
minimum
of
four
( 4)
sets
of
drawings
for
review.
Upon
approval,
the
Fire
Prevention
Bureau
will
retain
one
set.
Plans
shall
be
submitted
to:
City
of
Palm
Springs
Building
and
Safety
Department
Item 2B - 43
Resolution No. 6529
Conditions of Approval
5.1383 CUP - "The Bank" Meeting Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday