CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/22/2023
1 SUBJECT:
Resolution of Intention to Continue the Business Improvement District Program and Levy the Annual Assessments for the Fiscal Year 2023-2024
RECOMMENDED ACTION:
Adopt the resolution entitled "A Resolution of the City Council of the City of Pacifica Confirming the Annual Report of the Advisory Board of the Pacifica Hotels and Business Improvement District (BID) and Declaring the City Council's Intention to Continue the BID Program and Levy the Annual Assessments for the Fiscal Year 2023-2024 at the Same Rate as Levied in the Fiscal Year 2022-2023 Without Change" and set the date of June 12, 2023, for the Public Hearing on the annual levy of assessments on hotels within the BID.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:
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 creating the Pacifica Hotel Business Improvement District and levying an annual assessment of $1.00 per room per day of occupancy on the hotels in the City.
At the request of the BID members, the City Council approved a resolution of intent to amend the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and transition the Managing Agency role of the BID to the City of Pacifica at the last meeting on May 8, 2023. In addition to following this process for the ordinance amendment, this current agenda item is bringing forward a resolution of intent to continue levying the assessment at the current rate, consistent with the regular annual process brought forward before the Council each year to ensure continuous assessment with no break or interruption.
The attached Pacifica Hotel Business Improvement District (BID) report was filed with the City Clerk on May 15, 2023, detailing proposed assessments and expenditures budget, as required by the California Streets and Highways Code Section 36533. The report was prepared by the Chamber of Commerce, acting as the Managing Agency for the hotels in the BID and on behalf of the Pacifica Hotels BID Advisory Committee (Attachment 1).
There are no proposed changes in the boundaries of the Pacifica Hotels Business Improvement District this year. The proposed assessment is intended to be continued at $1.00 per room per day occupancy and is estimated to generate approximately $75,000 in revenues for the BID activities in FY2023-24.
Before levying the assessment for the 2023-2024 fiscal year, the statute requires the City Pacifica City Council 2
May 22, 2023
Council to adopt a resolution:
1. Review and accept the annual report filed by the BID;
2. Declaring its intent to levy the annual assessment and the rate at which the assessment will be levied; and
3. Setting the time and place for a public hearing to receive any protests.
Therefore, the City Manager recommends that the Council adopt the resolution of intent to continue the assessment and set the public hearing date for June 12, 2023.
Written and oral protests to the levy of the annual assessment may be made at the public hearing in the form and manner prescribed in Sections 36625 and 36626 of the California Streets and Highway Code up until the close of the public hearing.
ALTERNATIVE ACTION:
The City Council may elect not to renew the Pacifica Hotel BID assessment for FY2023-24 or delay the adoption of the resolution to levy the assessment until a later date.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
"Enhancing Organizational and Fiscal Sustainability" includes investing in economic development to increase revenues and improve the local economy.
FISCAL IMPACT:
There is no significant fiscal impact associated with this action except for the City administrative cost of processing BID pass-through payments to the Chamber that the City collects. The City collects no fee for administering the BID assessments.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment 1: Chamber's Pacifica Hotel Business Improvement District (BID) Report July 1, 2022 - June 30, 2023 (PDF)
Pacifica City Council 3
May 22, 2023
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CONFIRMING
THE ANNUAL REPORT OF THE ADVISORY BOARD OF THE PACIFICA HOTEL
BUSINESS IMPROVEMENT DISTRICT (BID) AND DECLARING THE CITY COUNCIL'S
INTENTION TO CONTINUE THE BID PROGRAM AND LEVY THE ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2023-2024 AT THE SAME RATE AS LEVIED IN THE FISCAL YEAR 2022-2023 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 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 ("BID") 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 the fiscal year 2022-2023; 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 District's operations that proposes to continue the program and assessments for the fiscal year 2023-2024 at the same amount as levied for the fiscal year 2022-2023; and WHEREAS, the City Council desires to adopt this Resolution to acknowledge the Advisory Committee's report and declare its intent to continue the BID program and assessments as levied in the fiscal year 2022-2023 at $1.00 per room per day of occupancy on the hotels in the City without change for the fiscal year 2023-2024.
RESOLVED by the City Council of the City of Pacifica, California, that:
1. Declaration of Intent to Levy Annual Assessment. The City Council hereby declares its intent to continue the BID program and levy and collect the assessment of $1.00 per room per day of occupancy on the hotels in the City of Pacifica without change for the fiscal year 2023-2024.
2. Public Hearing. The City Council hereby sets Monday, June 12, 2023, as the date for the public hearing on the annual levy of assessments on hotels within the BID. The public hearing will be held at 7:00 p.m. or as soon after that as practicable. Public Comments may be submitted by email to:
[email protected] and clearly indicate the submitter's full name, meeting date, and Agenda Item number. Refer to the meeting agenda to be published within 72 hours in advance of the meeting date to confirm the meeting format and public participation details.
3. Protest Procedures. Written and oral protests to the levy of the annual assessments may be made at the public hearing in the form and manner Pacifica City Council 4
May 22, 2023
prescribed in Sections 36624 and 36625 of the California Streets and Highways Code.
4. Notice of Hearing. The City Clerk is directed to provide notice of the public hearing on the proposed annual levy of assessments within the BID in the manner prescribed by California Streets and Highways Code section 36534 and by mailing copies of said notice and this Resolution to each business subject to the assessment.
5. 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.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on May 22, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney