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Escrow by taking the following actions: (i) recording the City Grant Deed in the office of the County Recorder of the County of San Bernardino, California, and delivering the recorded City Grant Deed to City; (ii) causing the Title Policy to be issued to City; and (iii) delivering the portion of the Repurchase Option Repurchase Price remaining after payment of all Valid Liens, to Developer.
f. City’s Right to Purchase Plans. At the time City exercises the Repurchase Option, City shall also have the right, which City may exercise in its sole and absolute discretion, to purchase from Developer for the actual cost Developer incurred in preparing the same, all plans, blueprints, drawings, sketches, specifications, tentative or final subdivision maps, landscape plans, utilities plans, soils reports, noise studies, environmental assessment reports, grading plans and any other materials relating to the construction of the Project on the Property (the “Plans”), together with copies of all of the Plans, as have been prepared for the development of the Property to date of the City’s exercise of the Repurchase Option. Notwithstanding the foregoing, however, Developer does not covenant to convey to the City the copyright or other ownership rights of third parties. City’s acquisition or use of the Plans or any of them shall be without any representation or warranty by Developer as to the accuracy or completeness of any such Plans, and City shall assume all risks in the use of the Plans.
3. Notices, Demands and Communications Between the Parties Formal notices, demands, and communications between City and Developer shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to:
To City: City of Twentynine Palms
6136 Adobe Rd.
Twentynine Palms, CA 92277
Attention: City Manager
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9
th Floor
Irvine, CA 92612
Attn: A. Patrick Muñoz, Esq.
To the Developer: Greens Development, Inc.
8815 Research Drive
Irvine, California 92618
Attention: Sharad J. Kadakia
With copy to: Newmeyer & Dillion, LLP
895 Dove Street, 5
th Fl.
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Newport Beach, CA 92660
Attention: Jon J. Janecek, Esq.
Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail.
Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail.
4. Applicable Law and Forum; Attorney’s Fees
The Superior Court of the State of California in the County of San Bernardino shall have the exclusive jurisdiction of any litigation between the parties arising out of this Option Agreement. This Option Agreement shall be governed by, and construed under, the internal laws of the State of California, without regard to conflict of law principles. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Option Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Option Agreement. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Developer shall be made in any manner permitted by law and shall be effective whether served within or outside of California.
If either party to this Option Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Option Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney’s fees.
Attorney’s fees shall include reasonable costs for investigating such action, conducting discovery, retaining expert witnesses, and all other necessary costs the court allows which are incurred in such litigation.
5. Nonliability of City Officials and Employees
No officer, official, employee, agent, or representative of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Developer or its successor, or for breach of any obligation of the terms of this Option Agreement.
6. Interpretation
The terms of this Option Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Option Agreement or any other rule of construction which
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might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Option Agreement.
7. Entire Agreement
This Option Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and, with the exception of the PSDA, supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Option Agreement must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of City and Developer.
8. Counterparts
This Option Agreement may be executed in counterparts, each of which, after both parties hereto have signed this Option Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9. Severability
In the event any section or portion of this Option Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Option Agreement.
[END - SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Option Agreement as of the date first above written.
“DEVELOPER”
GREENS DEVELOPMENT, INC., a
California corporation
By:
By:
“CITY”
CITY OF TWENTYNINE PALMS, a
California municipal corporation
By:
Frank Luckino, City Manager
ATTEST:
Cindy Villescas, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
A. Patrick Muñoz, City Attorney
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Bernardino )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
2545/014122-0001
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTY
[To be inserted]
3 STORY HOME 2
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
patio
TAMARISK AVE
YUCCA AVE
CACTUS AVE
5 7
16 15
19 11
APN 0617-11
Zoning Tourist Commercial
General Plan Mixed Use
Specific Plan Downtown
site area: 64,910.5 SF
1.49 acres
proposed site area: 79,507.35 SF
1.83 acres
Total Building: 75,411 SF
Lot Coverage: 20,901.88 SF(26%)
Hotel
3 stories
Type V-A Construction
100 rooms
Max. Allowable Height 45'-0"
Proposed Height 38' - 0"
Septic None
Occupancy Use R-1 hotel
parking required 1:1 = 100 stalls
parking provided
on site 94 stalls (3 ADA)
Tamarisk 11 stalls
Total 105 stalls
Asphalt/Parking 19,173.45 SF
Enhanced 7,628.45 SF
Landscape 8,211.33 SF
fountain
230.12' N87 55' 59"E
N01 09' 02"W 282.13'
230.11' N87 55' 43"E
N01 08' 54"W 282.11'
9' - 0" 8' - 0" 9' - 0" 5' - 0" 9' - 0"
8 12
PROPOSED PROPERTY LINE
EXISTING TRASH ENCLOSURE
8 4
retention basin 3802SF
1/16" = 1'-0" Robert F. Tuttle Architects, Inc.
5/26/2021 2:31:04 PM
A-1.2
Site Plan
Hampton Inn and Home 2 May 26, 2021
8815 Research Drive, Irvine CA 92618 29 Palms, CA 756
A-1.2 1/16" = 1'-0"
1 Site NORTH
95 rooms Page 146 of 232
STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 25 2022
SUBJECT: Downtown Specific Plan.
RECOMMENDATION:
The City Council review the summary of public input, analysis, and recommendations of the draft Downtown Specific Plan and provide feedback to Staff.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Public Comment
Council Discussion
ATTACHMENTS:
• Downtown Plan Council
Presentation 01-11-2022
BACKGROUND:
In March of 2019, the City was awarded a SB 2 Planning Grant from the State to develop a new Downtown Specific Plan. These funds were matched with City funds to produce a new plan covering the downtown area.
The plan will include the elements of land use, housing, economic development, infrastructure, transportation, parking, streetscapes, landscaping, and public art.
The process to develop a new Downtown Specific Plan to replace the previous one that was rescinded in September of 2017 began in 2018. Throughout 2018, 2019, and 2020, the Planning Commission held many study sessions covering elements of the plan including the Downtown Boundary, Land Use, Streetscapes, Landscaping, and Architecture Guidelines. Part of these study sessions were aimed at providing guidance to the design elements of Project Phoenix which was underway, but also laid the foundation for the current efforts to develop a new plan. Once a consultant was hired, planning efforts accelerated, beginning with a robust outreach program. This included:
• Stakeholder Interviews (22 conversations)
• First community-wide survey (with 690 residents responding) • First public workshop & questionnaire
• Second community-wide survey (with over 200 residents responding) • Second public workshop
• Display boards at the Visitors' Center
• Study sessions in 2021 with the Planning Commission on the draft plan The culmination of these efforts is provided in the attached summary presentation. The complete text of the plan is under development and will hopefully be released in January. The next step will be for the Planning Commission to review the plan at Public Hearing.
ENVIRONMENTAL:
A complete Initial Study per CEQA was developed for the plan. Approval of a Mitigated Negative Declaration is recommended for the project.
ALTERNATIVES:
The City Council could choose to request more information from Staff.
FISCAL IMPACT:
The Downtown Specific Plan was paid for through a $160,000 grant from the State (SB 2 Planning Grant Funds), and $150,000 match contribution from the City.
TWENTYNINE PALMS
Downtown Specific Plan
WORKSHOP 2 | SEPTEMBER 29TH 2021
Caveats
• This is a 25 to 30 year plan. Horizon is around year 2050. • We used reasonable yet optimistic growth projections. (Not the maximum possible)
• Lack of public sewer is still a major limitation/issue for development, especially for housing. The package treatment plant is a start at solving some issues.
• Caltrans approval is required on certain transportation elements
WELCOME!
Jonathan
Linkus
Land Use +
Urban Design
Linda
Congleton
Economics +
Real Estate
Todd
Tregenza
Transportation +
Roadways
Charles
Smith
Environment +
Impacts
THE PLANNING CONSULTANT TEAM Page 154 of 232
THE PROCESS: PROJECT TIMELINE
CEQA
FEB
2021
MAR
2021
APR - MAY
2021
JUN
2021
SEP
2021
MAR
2022
WE
ARE
HERE
PROJECT
COMPLETION
DEC
2021
JAN
2021
THE STUDY AREA 210 ACRES
(.31 SQ MILES)
CITY OF
TWENTYNINE
PALMS
58 SQUARE MILES
DOWNTOWN IS .5%
OF CITY LAND AREA
1949
WHAT IS OUR
DOWNTOWN?
IT SHOULD BE A
PLACE TO…
TRY SOMETHING NEW
ENJOY THE BEST OF LOCAL CULTURE
EXPECT TO BE SURPRISED
BE DARING & START SOMETHING
BE TOGETHER & HONOR SERVICE
TRY OUT OUR BIGGEST IDEAS
THE DECISIONS
WE FACE
DOWNTOWN ECONOMIC
REVITALIZATION SPECIFIC PLAN
Adopted 2012 – Rescinded Sep. 2017
• Rescinded because it did not accommodate
standard site plans commercial developers
use for “pad retail”, such as Starbucks.
• Required extensive “mixed-use”
• Required dense housing types with
minimum 10 du/ac (8 du/ac is feasible).
• Maintained a parking requirement for
traditional storefront businesses.
Downtown Traditional Downtown General
Car Oriented
Front Parking
Not Street
Connected
Large / Chain Retail
Drive Thru
Frontage
Minimal Shade
No Public Common Space
Public Common Space
Consistent Shade
Private Parking
Shared Parking
Small Independent Retail
Dining Frontage
Rear Parking
Street Facing People
Oriented
Downtown Traditional
Downtown
General
WE’RE GROWING: 190 NEW RESIDENTS PER YEAR
If a household is 2.94 people, and
downtown captures 10% growth:
6.5 DOWNTOWN
HOUSEHOLDS/YEAR
~160 AT 25 YEARS
IT’S ABOUT CHOOSING
THE FUTURE WE WANT! Page 172 of 232
YOU’VE GIVEN
US DIRECTION
Outreach Efforts
• 2018 through 2020 – Study sessions with Planning Commission on the Downtown Boundary, Streetscapes, Landscaping,
Architecture Guidelines, and Project Phoenix
• Stakeholder Interviews
• First Community-wide Survey
• First Public Workshop & Questionnaire
• Second Community-wide Survey
• Second Public Workshop
• Display Boards at Visitor Center
• 2021 – Study sessions with Planning Commission of Draft Plan
WHAT WE’VE
HEARD SO FAR
STAKEHOLDER INTERVIEWS | 22 CONVERSATIONS
RESIDENT SURVEY - MILITARY & CIVILIAN | 690 RESPONDENTS
WORKSHOP 1 QUESTIONAIRE | 31 RETURNED
WORKSHOP 1
WORKSHOP 1 VOTING | 238 VOTES PLACED (3 PER PERSON)
WORKSHOP 1 VOTING | 238 VOTES PLACED (3 PER PERSON)
WORKSHOP 1 VOTING | 238 VOTES PLACED (3 PER PERSON)
Strategy: Extend the paseo to a new transit
center and expand on the paseo as a linear “back
yard” for temporary and permanent amenities.
WORKSHOP 1 VOTING: TWENTYNINE PALMS HWY CORRIDOR Page 182 of 232 Strategy: Upgrade alley to connect to shared
parking built through partnerships. A park might
connect this to a future tree-shaded promenade.
WORKSHOP 1 VOTING: ADOBE RD CORRIDOR Page 183 of 232
Strategy: Connect various parts of downtown
with walkable routes as a pedestrian strategy
that also serves as a linear urban amenity.
WORKSHOP 1 VOTING: OVERALL APPROACH Page 184 of 232
POLICY
FRAMEWORK:
VISION + MISSION
DOWNTOWN TWENTYNINE PALMS
brings great stories to life!
Here, the heart of our community will be the
Morongo Basin center for
VISION STATEMENT
Our downtown will embody a distinctly local flavor of
community connections, business catalyzation, and
daring creativity.
This urban setting will reflect our region’s confluence of diverse landscapes, people, and histories as a vibrant
opening act to Joshua Tree National Park and home to
its visitors.
Downtown 29, Vibrant by Nature!
MISSION STATEMENT
THEME 1: CONNECTED COMMUNITY
& EQUITABLE LIVEABILITY
Downtown Twentynine Palms will encourage all
residents to build their own vision in the heart of their city. Downtown will promote a healthy lifestyle,
providing for affordable housing, safe and walkable
streetscapes and engaging places that mark the
growth of a community rich in the arts, lifelong learning, civic life, and local heritage.
THEME 2: CATALYZING ENTREPRENEURSHIP
& LOCAL BUSINESSES
Downtown Twentynine Palms will pioneer a culture of
entrepreneurship within the Morongo Basin, enabling
the local economy to grow and prosper. A catalyst for
development, Twentynine Palms will enable local
business and support vocational training, sustainable
job creation and growth with innovation in local
infrastructure and policy.
THEME 3: CREATIVE PEOPLE
& REGIONAL TOURISM
Downtown Twentynine Palms will be the premiere
destination for local inspiration and global tourism in the Morongo Basin, a front door to the arts, unmatched
national parks, and a place for local sports and
entertainment, socializing and rejuvenation. Downtown
will shape the public realm to support locals, visitors and regional tourism with walkable food and dining
experience, engaging amenities, and an active local
arts and cultural scene.
PLAN ELEMENTS
FRAMEWORK
PREFERRED SCENARIO DEVELOPMENT
ACTIVE CORRIDOR
ACTIVE CORRIDOR
ACTIVE
CORRIDOR
ACTIVE
CORRIDOR
PREFERRED PLAN CONCEPT: ACTIVE CORRIDORS
DOWNTOWN
DEVELOPMENT Page 194 of 232
DOWNTOWN DEVELOPMENT: 25-YEAR GROWTH SUMMARY Page 195 of 232
LAND USE
+ ZONING Page 196 of 232
LAND USE + ZONING DESCRIPTIONS: COMMERCIAL DISTRICTS
LAND USE + ZONING DESCRIPTIONS: RESIDENTIAL DISTRICTS
LANDSCAPE
+ PUBLIC REALM Page 199 of 232
TRANSPORTATION
+ MOBILITY Page 200 of 232
PARKING
STRATEGY Page 201 of 232
PARKING STRATEGY
**Numbers subject to revision
ROADWAY
CORRIDOR
IMPROVEMENTS
YOUR VOTE: PEDESTRIAN EMPHASIS
SR 62 / TWENTYNINE PALMS HIGHWAY
You support a
pedestrian emphasis
and widened sidewalks
in the SR 62 Corridor
improvement concept
over emphasizing other
roadway aspects.
You support a Roundabout
Gateway option over a
Signalized Intersection at
SR 62 / Split Rock Ave.
Excessive automobile
speed is a major
hindrance in creating a
pleasant, walkable, and
thriving downtown.
You support a pedestrian emphasis and
widened sidewalks in the SR 62 Corridor
improvement concept over emphasizing
other roadway aspects.
YOUR VOTE: PEDESTRIAN EMPHASIS
SR 62 / TWENTYNINE PALMS HIGHWAY Page 205 of 232
Road Diet: Reduces the number of travel
lanes for multimodal improvements (such
as bike lanes, pedestrian crossing islands,
and curb extensions (bulb-outs).
Primary Benefits:
Slows vehicle speeds by narrowing the
roadway
Reduced pedestrian crossing distance
Improves multimodal safety and access
Improves access to side streets
Reduces total crashes by 19-47%!
TWENTYNINE PALMS HWY / SR 62
PREFERRED CORRIDOR CONCEPT Page 206 of 232
You support a Roundabout Gateway
option over a Signalized Intersection at
SR 62 / Split Rock Ave.
YOUR VOTE: PEDESTRIAN EMPHASIS
SR 62 / TWENTYNINE PALMS HIGHWAY Page 207 of 232
TWENTYNINE PALMS HWY / SR 62
PREFERRED CORRIDOR CONCEPT
Roundabout Benefits:
Safety + Crash Reduction
Lower speeds + Traffic calming
Reduced Conflict Points
Improved Operational Performance
Efficient Traffic Conditions
The Twentynine Palms Hwy/SR 62
Preferred Corridor Concept includes a
roundabout gateway entrance to the
Downtown area and a road reconfiguration
(road diet) from 4 to 3 lanes.
You support a pedestrian emphasis
and widened sidewalks in the SR 62
Corridor improvement concept over
emphasizing other roadway aspects.
YOUR VOTE: ADOBE ROAD
PREFERRED CORRIDOR CONCEPT Page 209 of 232
ADOBE ROAD
PREFERRED CORRIDOR CONCEPT
The Adobe Road Preferred Corridor Concept
includes a road reconfiguration (road diet) from
4 to 3 lanes with widened sidewalks, curb
extensions, and bicycle lanes.
Adobe Road / Gorgonio Drive
Intersection Improvements:
Widened sidewalk and curb extensions
New pedestrian connection to
development sites west of Adobe Road
Safe and visible pedestrian crossings with
ADA ramps
Landscaping improvements
SR 62 / ADOBE ROAD INTERSECTION
PREFERRED CORRIDOR CONCEPT
SR 62 / Adobe Road
Intersection Improvements:
Widened sidewalk and curb
extensions
Safe and visible pedestrian
crossings with ADA ramps
Painted bicycle markings at
intersection approaches
Landscaping improvements
HOW OUR
DOWNTOWN
COMES TOGETHER
CIVIC CENTER: EXISTING CONDITION Page 213 of 232
CIVIC CENTER: EXPANSION CONCEPT Page 214 of 232
CIVIC CENTER: EXPANSION CONCEPT
CITY HALL
WING
LIBRARY
EXPANSION
FUTURE
RESIDENTIAL SITE
COMMERCIAL
DEVELOPMENT
EVENT COMMONS
(GREEN + PLAZA)
PUBLIC
PARKING
PUBLIC ART
EXISTING CONDITION (BEFORE PROJECT PHOENIX)
OVER SPLIT ROCK AVE FACING EAST Page 216 of 232
COMPREHENSIVE PLANNING OUTCOME
25-YEAR VISION FOR THE TWENTYNINE PALMS HIGWAY CORRIDOR | FACING EAST Page 217 of 232
COMPREHENSIVE PLANNING OUTCOME
25-YEAR VISION FOR THE TWENTYNINE PALMS HIGWAY CORRIDOR | FACING EAST
CREATIVE RETAIL
LIVE WORK
LIVEABLE PEDESTRIAN
STREETSCAPE
BACK OF HOUSE USE
PASEO SHADE
TRANSIT CENTER
EXHIBITS
PUBLIC ART
PASEO AS
COMMONS
TRANSIT CENTER
NEXT STEPS
• JAN: FINAL PLAN + CEQA
• FEB: PC HEARING AND
ADOPTION
• MAR: CC PUBLIC HEARING AND
APPROVAL
Memorial Idea
for Civilians
• Memorial stones set in
the Paseo at regular
intervals
• Could use the 29! logo as
the background
Memorial Idea
for Veterans
• “Glass” panels installed
on a small plaza within
Veterans Park
• Up lit for nighttime
viewing
• Veteran’s name and info
etched into glass panels
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 25 2022
SUBJECT: Voluntary Collection Agreement with HOMEAWAY.COM,INC (VRBO) for Transient Occupancy Tax.
RECOMMENDATION:
The City Council approve the Voluntary Collection Agreement with HOMEAWAY.COM, INC, effective March 1, 2022, to collect and remit Transient Occupancy Taxes (TOT) and Tourism Fees on behalf of the Hosts for transactions completed on the VRBO.com internet-based platform, and authorize the Tax Administrator to execute such agreement.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request for Public Comments
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 5865545_2_Twentynine
Palms VCA
BACKGROUND:
The City of Twentynine Palms adopted Ordinance No. 263 amending Title 19 of the Development Code by adding Chapter 19.60, titled Vacation Home Rentals, at its meeting of February 24th, 2015. This Ordinance established the City authority to regulate business operating short-term vacation rental of private residences within the City will be subject to the payment of the City's Transient Occupancy Tax (TOT) as provided by the City's Municipal Code Chapter 3.24 and is subject to a business license fee.
The Parking and Business Improvement Area Law of 1989 (Section 36500 et. seq., of the California Streets and Highways Code) authorizes cities to establish business improvement areas for the purpose of promoting tourism.
In accordance with the Parking and Business Improvement Area Law of 1989, City Staff established the Twentynine Palms Tourism Business Improvement District (“TBID”) to levy and collect assessments from all hotels, motels, and vacation home rentals, and any other business providing transient occupancies and subject to the City’s Transit Occupancy Tax, within the boundaries of the City, to raise funds to promote tourism within the City. On June 13, 2017, the Council approved Ordinance No. 278, which established a Tourism Fee of 1.5% per occupied room night rate on all existing and future hotel/motel/vacation home rentals, and any other businesses engaged in renting overnight accommodations on a transient basis which are subject to the City's TOT, located within the City of Twentynine Palms.
As a provider of an internet-based platform through which owners of vacation home rentals offer their properties to guests, HOMEAWAY.COM, INC will collect and remit applicable TOT and Tourism Fees to the City of Twentynine Palms on behalf of owners of vacation home rentals. HOMEAWAY.COM, INC, through the attached Voluntary Page 223 of 232 Collection agreement, will notify owners that TOT will be collected and remitted to the City of Twentynine Palms effective March 1, 2022. The agreement also allows for audit of remittances during any period in which the agreement is in effect. The agreement contains a mutual termination provision with 30-day notice providing for straightforward exit should the agreement not meet the needs of the City of Twentynine Palms.
ENVIRONMENTAL:
None
ALTERNATIVES:
The City Council could choose not to approve the agreement.
FISCAL IMPACT:
Staff anticipates a collection of $660,000 for Vacation Home Rentals for the FY 2021-22.
5865545v1/32189-0001
VOLUNTARY COLLECTION AGREEMENT
THIS VOLUNTARY COLLECTION AGREEMENT ("Agreement") is dated ______, 2022 and is between HOMEAWAY.COM, INC., a Delaware corporation ("HomeAway"), and the City of Twentynine Palms, California (the “City”). Each party may be referred to individually as a "Party" and collectively as the "Parties.” HomeAway and its subsidiaries operate an internet-based platform that allows homeowners ("Homeowners") to advertise the availability of their properties to travelers ("Guests") seeking accommodations through Vrbo.com (“HomeAway Platform”).
HomeAway and the City enter into this Agreement voluntarily in order to facilitate the collection and remittance of the City’s Uniform Transient Occupancy Tax as set forth in Chapter
3.24 of the City’s Code of Ordinances (the “Code”) and the Twentynine Palms Tourism Business Improvement District Assessment (collectively referred to as the “Tax”) by Homeowners and Guests on the HomeAway Platform for occupancy of accommodations located in the City in accordance with this Agreement as follows:
1. With respect to any transaction between a Homeowner and a Guest booked on and for which payment is completed on the HomeAway Platform for accommodations for which Tax is due (“Booking Transaction”), and during the period in which this Agreement is in effect (as defined below), and solely pursuant to the terms and conditions of this Agreement, HomeAway agrees to collect and remit the Tax.
2. The Tax shall be collected and remitted at the applicable rate by HomeAway based upon the entire amount charged by the Homeowner in connection with the Booking Transaction, including but not limited to the following fees charged by a Homeowner: rental fee, service fee, booking fee, cleaning fee, property damage fee, and any other use-related fee; but excluding refundable damage deposits. HomeAway shall file returns on a quarterly basis on the form described in the Code or as agreed between the parties in writing.
3. HomeAway agrees to commence collecting the Tax starting on March 1, 2022 (the "Effective Date") and remitting any Tax collected in the time and manner described in the Code.
For the avoidance of doubt, this Agreement to collect shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement, or to any user's transaction completed through any means, method or platform other than the HomeAway Platform.
4. On a prospective basis upon the Effective Date of this Agreement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, HomeAway agrees contractually to assume liability for any failure to report, collect, and/or remit the correct amount of the Tax for any Booking Transaction, including, but not limited to, penalties and interest, lawfully and properly imposed in compliance with law. Nothing contained herein nor any action taken pursuant to this Agreement, including but not limited to the collection or remittance of the Tax, shall impair, restrict, or prevent HomeAway from
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asserting that any Tax and/or penalties, interest, fines, or other amounts assessed against it were not due or are the subject of a claim for refund under applicable law, or from enforcing any and all rights accorded to it pursuant to law.
5. During any period in which this Agreement is in effect, and without waiving any audit rights provided to the City, with respect to any transaction for which the Tax is due and paid pursuant to this Agreement, the City agrees to audit HomeAway in the manner provided in the Tax, except that: (a) HomeAway will not be required on the basis of this Agreement to disclose the Homeowner or Guest name or property address at issue; and (b) the City shall not, directly or indirectly, audit any individual Guest or Homeowner relating to such. Nothing in this paragraph prevents the City from auditing an individual who (or entity that) happens to be a Homeowner based upon transactions that the City learns of independently.
6. Upon the City’s request in connection with an audit, HomeAway shall submit all applicable transaction data based on reservation ID, or other type of transaction ID, as maintained by HomeAway in its ordinary course of business. The Parties agree that HomeAway is not required, on the basis of this Agreement, to produce any Homeowner or Guest name or address relating to any transaction in connection with an audit or otherwise, except pursuant to a lawfully issued subpoena.
7. During any period in which this Agreement is in effect, and on the condition that HomeAway is in compliance with its obligations under this Agreement, and solely with respect to Booking Transactions, said Homeowner shall not be required to individually register with the City to collect, remit and report the Tax. However, nothing in this Agreement shall relieve Guests or Homeowners from any responsibilities with respect to the Tax, including, without limitation, any obligation to register with the City or to collect, remit, and report the Tax for transactions completed through any other means, method, device, or platform, or restrict the City from investigating or enforcing any provision of applicable law against any such person or entity for any occupancy arranged directly or indirectly through any other means.
8. The City agrees, for the purpose of facilitating this Agreement, that it shall not make any assessment, supplemental assessment, or claim for the Tax as to HomeAway for any period prior to the Effective Date of this Agreement; and it releases and discharges any claims against HomeAway (and its present or former: successors, direct or indirect members, parents, subsidiaries, affiliates, agents, legal representatives, insurers, employees, officers, directors and shareholders) from any and all past, present, or future assessments, causes of action, claims, demands, expenses, damages, or losses, of whatever kind or nature, known or unknown, asserted or unasserted, in law or equity, whether statutory or common law, which existed, accrued, or arose related to the Tax for the period preceding the Effective Date of this Agreement.
9. Any and all tax returns, information, data, records or documents provided to the City in connection with this Agreement, including but not limited to any audit, shall be deemed confidential and shall not be shared with any third party, including but not limited to any other governmental agency or any other jurisdiction.
10. This Agreement is solely for the purpose of facilitating the administration and collection of the Tax due for Booking Transactions. It is expressly understood and agreed by the Parties
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that neither Party has made any concessions regarding the merits of its respective positions nor the merits of the other Party’s positions with respect to the collection of the Tax addressed in this Agreement.
11. The City agrees to work with HomeAway to answer any questions received from Homeowners and the public about HomeAway’s tax collection and remittance process under this Agreement. If requested by the City, HomeAway will provide information to the City to be used by the City to answer questions from Homeowners, travelers and others.
12. No modification of this Agreement shall be effective unless in writing and signed by both parties.
13. This Agreement may be terminated by HomeAway or the City upon 30 days’ written notification to the other Party. Any termination under this Paragraph shall not affect the duty of HomeAway to remit to the City any Tax collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by HomeAway to the City as of the date of termination.
14. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict of law principles.
15. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings with respect thereto.
16. The Parties represent and warrant that they each have the legal authority to enter this Agreement, that the person executing the Agreement of behalf of either Party is authorized to do so, and that the Agreement shall be binding and enforceable when duly executed and delivered by each Party.
17. This Agreement is executed in two (2) counterparts, each of which shall be deemed an original.
18. This Agreement has been jointly prepared by the Parties hereto, and shall not be construed more strictly against either Party.
19. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party which consent shall not be unreasonably withheld. Notwithstanding the foregoing, HomeAway may assign this Agreement in its entirety without the City’s consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement and all Tax and all other sums due at the time of the attempted assignment have been paid in full. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect.
Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors, and permitted assigns.
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20. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing, postage prepaid; or (iii) the second business day after sending by overnight mail, by facsimile with telephonic confirmation of receipt, or by email. Notices shall be addressed to the attention of the following persons, provided each Party may modify the authorized recipients by providing written notice to the other Party:
To HomeAway: HomeAway.com, Inc.
Attn: Tom Pucci
1111 Expedia Group Way, West
Seattle, WA 98119
Email: [email protected]
With a copy to: HomeAway.com, Inc.
Attn: Christy Vernor
11920 Alterra Pkwy
Austin, TX 78758
Email: [email protected]
To the City: City of Twentynine Palms
Attn: Frank J. Luckino
6136 Adobe Road
Twentynine Palms, CA 92277
Email: [email protected]
CITY OF TWENTYNINE PALMS,
CALIFORNIA
By:
___________ day of _________________, 2022
HOMEAWAY.COM, INC., a Delaware
corporation
By:
Tom Pucci
__________ day of __________________, 2022
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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jan 25 2022
SUBJECT: City Council Regional Organizational Assignments.
RECOMMENDATION:
The City Council review Council assignments for Regional Organizations and make appointments as appropriate.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question (Roll Call Vote)
ATTACHMENTS:
• Council Organizational
Assignments 2022
BACKGROUND:
Members of the City Council are assigned to represent the City on various public agencies as board members, members of committees, or delegates. Council action is required to appoint members to these organizations.
The amount of required participation varies depending on the assignment. Although attendance is not always convenient, it is important that the City have continuing representation on these boards and committees because much of the work affects the City fiscally and otherwise. As a consequence, most of the appointments have an alternate delegate who attends if the primary representative is not available.
Due to the value of networking and establishing alliances, which can positively affect the City’s ability to obtain grants and other revenues, long-term (multi-year) participation in these positions can be beneficial.
ENVIRONMENTAL:
None.
ALTERNATIVES:
N/A
FISCAL IMPACT:
N/A
COUNCIL ORGANIZATIONAL
ASSIGNMENTS 2021
Council Officers
Mayor – Karmolette O’Gilvie
Mayor Pro Tem – McArthur Wright
San Bernardino County Transportation Authority (SBCTA)
Meets 1st Wednesday at 10:00 a.m. in San Bernardino
Council Representative: Joel Klink
Alternate: Daniel L. Mintz, Sr.
SBCTA Measure I Committee
Meets 3rd Friday at 9:30 a.m. in Victorville
Council Representative: Joel Klink
Alternate: Daniel L. Mintz, Sr.
Desert/Mountain Division of the League of California Cities Meets quarterly on 4th Friday at 10:00 a.m. to 2:00 p.m. at various locations Council Representative: Daniel L. Mintz, Sr.
Alternate: McArthur Wright
Morongo Basin Transit Authority (MBTA)
Meets 3rd Thursday at 4:30 p.m. in Joshua Tree
Council Representative: Daniel L. Mintz, Sr.
Council Representative: McArthur Wright
Alternate: Karmolette O’Gilvie
San Bernardino County Solid Waste Task Force
(2x/year) Mojave Desert/Mountain Recycling Authority
Meets quarterly on 2nd Thursday at 10:00 a.m. in Victorville Council Representative: McArthur Wright
Alternate: Steven Bilderain
Mojave Desert Air Quality Management District (MDAQMD)
Meets 4th Monday at 10:00 a.m. in Victorville
Council Representative: Daniel L. Mintz, Sr.
Alternate: Steven Bilderain
These entities meet quarterly, or on call of the chairperson.
Mojave Desert Air Quality Management District (MDAQMD)
The MDAQMD is charged with oversight of air quality issues. Meetings are held monthly or more often depending on business before the District.
Subcommittee of City Council: The following are assignments on the subcommittees, which are formed by the City Council via appointment of the Mayor. They meet infrequently but as needed.
Economic Development Subcommittee
Daniel L. Mintz, Sr.
McArthur Wright
Project Phoenix
Joel Klink
McArthur Wright
Personnel Subcommittee
Daniel L. Mintz, Sr.
Karmolette O’Gilvie
Legislative
Steven Bilderain
Karmolette O’Gilvie
Planning Commission Subcommittee
McArthur Wright
Steven Bilderain
Community Block Grant (CDBG)
Karmolette O’Gilvie
Steven Bilderain
Budget and Audit
Daniel L. Mintz, Sr.
Steven Bilderain