CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/12/2023
1 SUBJECT:
Conduct Public Hearing and adopt a Resolution Confirming the Annual Report from the Pacifica Hotel Business Improvement District and Assessing the Levy for the Fiscal Year 2023-24 at the same rates as in the Fiscal Year 2022-23.
RECOMMENDED ACTION:
1) Conduct the Public Hearing: 2) Rule on Oral and Written protests, if any; and 3) Adopt the Resolution confirming the annual report of the Pacifica Hotels Business Improvement District Advisory Board and continuing the assessments without change in FY 2023-24.
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.
On May 15, 2023, the Chamber of Commerce filed the attached Pacifica Hotel Business Improvement District (BID) report with the City Clerk as required by the California Streets and Highway Code Section 36533. A Resolution of Intent to continue the BID program and levy the annual assessments for FY 2023-24 was passed by a unanimous vote at the May 22, 2023, City Council meeting. This action kept the FY 2023-24 levy rate at the same level as was levied in FY 2022-23. The Public Hearing date was set for the City Council meeting on June 12, 2023.
Written and oral protests to the levy of the assessments 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 until the close of the public hearing.
ALTERNATIVE ACTION:
The City Council may elect not to renew the Pacifica Hotel BID for FY2023-24 or provide staff with an alternative direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
"Organizational and Fiscal Stability" includes investing in economic development to increase revenues and improve the local economy.
FISCAL IMPACT:
Pacifica City Council 2
June 12, 2023
There is no significant fiscal impact associated with this action, except for the City's administrative cost. The City collects no fee for administering the BID.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Exhibit A: Annual Report of the Pacifica Hotel Business Improvement District Advisory Committee July 1, 2022 – June 30, 2023 (PDF)
Pacifica City Council 3
June 12, 2023
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 AND ASSESSING THE LEVY FOR THE FISCAL YEAR 2023-24 AT THE SAME RATES LEVIED IN THE FISCAL YEAR 2022-23 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 2022-23; 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; and
WHEREAS, on May 22, 2023, the City Council adopted Resolution No.51-2023, which approved the annual report of the Advisory Board of the Pacifica Hotel Business Improvement District (BID) and gave notice of the Council's intent to levy the proposed Fiscal Year 2023-24 assessment for the BID following a public hearing on June 12, 2023, 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
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. 27-2020 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 2023-24 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 submitted and continue the program and assessments as levied in Fiscal Year 2022-23 at $1.00 per room per day of occupancy on the hotels in the City without change for Fiscal Year 2023-24.
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 Pacifica City Council 4
June 12, 2023
Exhibit A, that was filed with the City Clerk on May 15, 2023 and approved by the City Council by Resolution No.51-2023, is hereby confirmed as submitted.
3. Annual Assessment. The City hereby levies and will collect assessments for Fiscal Year 2023-24 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.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on June 12, 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 Pacifica City Council 5
June 12, 2023
EXHIBIT A