RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CONFIRMING THE
ANNUAL REPORT OF THE ADVISORY BOARD OF THE HOTEL BUSINESS
IMPROVEMENT DISTRICT AS MODIFIED BY THE CITY COUNCIL, APPROVING THE
HOTEL BUSINESS IMPROVEMENT DISTRICT'S PROGRAM OF EXPENDITURES, AND ASSESSING THE LEVY FOR FISCAL YEAR 2022-2023 AT THE SAME RATES LEVIED IN FISCAL YEAR 2021-22 WITHOUT CHANGE
WHEREAS, pursuant to California Streets and Highways Code sections 36500 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 714-C.S. in 2004 creating the Pacifica Hotel Business Improvement District (BID) and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City; and WHEREAS, the Pacifica Hotel Business Improvement District has been operating and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City continuously since 2004, including Fiscal Year 2021-22; and WHEREAS, pursuant to Streets and Highways Code section 36533, the Pacifica Hotel Business Improvement District Advisory Committee has prepared and filed with the City Clerk an annual report regarding the BID's operations that proposes to continue the program and assessments for Fiscal Year 2022-23 at the same amount as levied for the Fiscal Year 2021-22; and
WHEREAS, on May 23, 2022, the City Council adopted Resolution No. 25-2022 which confirmed receipt of the Original and Revised Annual Report and declaring the City Council’s intent to continue the BID program and levy the annual assessments for fiscal year 2022-2023; and
WHEREAS, on June 13, 2022 the City Council held a public hearing wherein it made the following modifications to the Revised Annual Report:
1. Removed Exhibit G from the Annual Report [supplement provided in the Additional Meeting Materials for Agenda Item #12 on June 13, 2022]
2. Amended Item 1 – Exhibit F to add, “The City and a quorum of BID members and the Chamber of Commerce will meet quarterly to discuss alignment of performance measures and gather information to report back at mid-year to the City Council.”
3. Removed Line 5 from the budget in Exhibit F and the corresponding reference in Exhibit H (4).
WHEREAS, City Council now desires to approve an amended annual report (“Amended Annual Report’) at a public hearing to take place on June 27, 2022 at 7:00 p.m. held via video/teleconference with no physical location open to the public pursuant to the provisions of the Governor’s Executive Order N-25-20 and N-29-20 which suspend certain requirements of the Brown Act and allowing for public participation and public comment as detailed in the meeting agenda to be published within 72 hours in advance of the meeting date; and; and WHEREAS, the City Clerk gave notice of the public hearing by publishing in a newspaper of general circulation at least seven days before the public hearing and by mailing a copy of said public hearing notice and Resolution No. 29-2022 to all affected businesses as required by California Streets and Highways Code section 36534; and WHEREAS, at the public hearing, the City Council heard and considered all protests against the Fiscal Year 2022-23 levy of assessments for the BID, and the rules and procedures used in receiving and considering protests complied with those set forth in the California Streets and Highways Code sections 36524, 36525, 36534 and 36535; and WHEREAS, the City Council desires to adopt this Resolution to confirm the Advisory Committee's report as modified by City Council and continue the program and assessments as levied in Fiscal Year 2021-22 at $1.00 per room per day of occupancy on the hotels in the City without change for Fiscal Year 2022-23.
RESOLVED by the City Council of the City of Pacifica, California, that:
1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated in and form a part of this resolution.
2. Approval of Report and Program of Expenditures. The Annual Report of the Pacifica Hotel Business Improvement District Advisory Committee, attached to this Resolution as Exhibit A, that was filed with the City Clerk on June 11, 2022 and modified by City Council at the meeting on June 13, 2022 and approved by the City Council by Resolution No.29-2022, is hereby confirmed as submitted and the program of expenditures is hereby approved for Fiscal Year 2022-23.
3. Annual Assessment. The City hereby levies and will collect assessments for Fiscal Year 2022-23 at the same rate of $1.00 per room per day of occupancy on the hotels in the City of Pacifica as levied in Fiscal Year 2022-23, without change.
4. Effective Date and Certification. The City Clerk is directed to certify the adoption of this Resolution. The Resolution shall take effect immediately upon its adoption by the City Council.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of June 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Mary Bier, Mayor
APPROVED AS TO FORM: ATTEST:
Michelle Marchetta Kenyon, City Attorney Sarah Coffey, City Clerk