Article 1. Garbage Collection
Sec. 6-5.101. Health and sanitation rules.
The Council hereby establishes the provisions set forth in this chapter for the collection and disposal of garbage, rubbish, waste matter, and refuse in the City. (§ 2, Ord. 334-C.S., eff. May 26, 1982, and § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.102. Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Garbage" shall mean and include all animal and vegetable wastes from kitchens; all household wastes which have been prepared for, or are intended to be used as, food or which have resulted from the preparation of food; every accumulation of animal and vegetable wastes from establishments where foodstuffs intended for human consumption are handled commercially; and bottles, tin cans, and other food containers.
(b) "Refuse" shall mean and include all types of garbage, rubbish, and waste matter, as defined in this section.
(c) "Rubbish" shall mean and include pasteboard boxes; rags; paper; straw; sawdust; packing materials; shavings; boxes; trimmings from lawns, trees, and flower gardens; and similar combustible materials. (d) "Scavenger" shall mean an agent or employee of the City or any person, or the agents or employees thereof, with whom the City shall have duly contracted, as provided in this chapter, to collect, receive, carry, and/or transport garbage, and/or rubbish, and/or waste matter in accordance with the provisions of this chapter.
(e) "Waste matter" shall mean and include crockery, bottles, metal vessels, ashes, shells, plaster, and all other similar noncombustible materials.
(f) Repealed.
(§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § I, Ord. 500-C.S., eff. February 24, 1988, and §§ 2, 3, Ord. 523-C.S., eff. December 12, 1988)
Sec. 6-5.103. Garbage: Collection services required: Responsibility of owners. (a) The owner of each and every residential unit, and each and every occupied hotel, motel, apartment house, and rooming house, and each and every premises occupied for business, commercial, or industrial use shall subscribe to and pay for refuse collection services as provided in this chapter. (b) The provisions of this section are not intended to prevent an arrangement of, or the continuance of, an existing agreement under which the subscription to and payment for such refuse collection services are made by a tenant or any agent on behalf of an owner. However, such arrangement or future arrangements shall not relieve the owner's obligation as provided in this chapter.
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(c) The scavenger shall provide with each regular billing information on the more common refuse collection rates, a telephone number for customers to contact the company for service and billing information, and notice that refuse collection service is mandatory in the City and requires new residents to make arrangements for such service within fifteen (15) days after occupancy. The scavenger shall also send out a more detailed notice on all refuse collection rates to all City property owners and tenants once each year. (d) It shall be the responsibility of the owner of each parcel of property occupied for residential, commercial, or industrial use to request the scavenger to initiate refuse collection service as provided in this chapter within fifteen (15) days after the occupancy of any premises required to have refuse collection. If an owner shall fail to request the initiation of refuse collection service as provided in this chapter, the scavenger shall initiate and continue refuse collection service for such premises and bill the owner for such service. (e) Owners who are delinquent in their payment for refuse collection services shall be subject to the penalties set forth in the franchise agreement between the scavenger and the City and the collection provisions of Section 6-5.112 of this chapter.
(f) The company shall establish a process for receiving and acting upon customer complaints. The company shall inform customers of the procedure for filing a complaint and shall provide forms for such purpose. The company shall maintain a record of all customer complaints filed, including the name and address of the customer, a description of the complaint, the time the complaint was received, and the action taken in response to the complaint. The records shall be maintained at the company's office and shall be available for inspection by the City during the company's office hours. (g) The City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner, as well as a higher frequency of collection beyond the subscribed or regularly scheduled service, if the volume of garbage, rubbish, or waste exceeds the capacity of the provided container(s) or the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner. The City shall notify the owner and the company in writing if the City determines that a different size or quantity of waste container(s) or a higher frequency of collection is required. (§ 2, Ord. 344-C.S., eff. May 26, 1982, as amended by §§ 1 and 2, Ord. 380-C.S., eff. December 14, 1983, § 1, Ord. 437-84, eff. January 9, 1985 and § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.104. Garbage: Receptacles: Size: Design.
All garbage, refuse, rubbish, and waste matter shall be placed by the person upon whose premises it shall have been produced or accumulated in containers of size, design, and weight as provided in the franchise agreement between the scavenger and the City however, the City may require a different size or quantity of waste container than the size or quantity assigned to or selected by the owner as provided in section 6-5.103(g). (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.105. Garbage: Receptacles: Delivery to scavengers.
The contents of garbage containers shall be delivered not less than once each week to the scavenger authorized by the City to collect garbage in accordance with the provisions of this chapter and the franchise agreement between the City and the scavenger however, the City may require a higher frequency of collection beyond the subscribed or regularly scheduled service, if the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner as provided in section 6-5.103(g).” (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 2, Ord. 523-C.S., eff. December 12, 1988)
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(Supp. No. 56)
Sec. 6-5.106. Garbage: Receptacles: Placement for collection: Time limitations.
All garbage receptacles shall be located in such a place as to be readily accessible for removing and emptying the receptacles in accordance with the provisions of the franchise agreement between the City and the scavenger.
Such receptacles shall not be placed within the limits of any street, road, avenue, way, alley, public place, or other place so as to constitute a nuisance. All garbage receptacles shall be contained within a protected area on the premises, except for a period of twelve (12) hours prior to and twelve (12) hours after the collection day by scavengers.
(§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.107. Refuse: Contracts and franchises for collection and disposal: Conditions.
Council may award a contract or franchise for the collection and disposal of refuse to any person whom the Council believes best qualified and equipped to perform the work of a scavenger. The franchise agreement shall specify the level of collection service, compensation paid to the scavenger, rate review process, insurance requirements, and all other matters related to the collection and disposal of refuse. (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.108. Refuse: Permits to collect and transport.
It shall be unlawful, except as otherwise provided in this section, for any person to collect, transport, or carry refuse over any street or public place in the City unless such person is an agent or employee of the City acting within the scope of his employment or has been awarded a contract by the City as scavenger. The City Manager, however, with the approval of the Council, may issue permits to transport or carry refuse over streets and public places of the City to the scavenger of any other City or public agency if the Council finds and determines that such permit is in the public interest and will not impair the contractual rights of the scavenger of the City. The City Manager, with the approval of the Council, may also issue permits to any person to collect, transport, or carry rubbish and waste matter, other than garbage, for purposes purely incidental to the conduct of any lawful business within the City, other than the business of collecting, transporting, or carrying refuse. (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 2, Ord. 523-C.S., eff. December 12, 1988) Sec. 6-5.109. Refuse: Transporting by individuals.
The provisions of this chapter shall not prohibit any individual from transporting such individual's residential rubbish and waste matter, other than garbage, on City streets without obtaining a permit. The spilling of refuse on City streets shall be unlawful.
No person who has incurred substantial expense in reliance upon this section prior to June 11, 1984, shall be prohibited from transporting such person's garbage on City streets. Any person who claims to have incurred such expense shall file a substantiated claim with the City on or before August 10, 1984, or be prohibited from transporting garbage. The City Manager shall determine whether such claim is substantiated and whether substantial expense has been incurred within the meaning of this section. (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 3, Ord. 380-C.S., eff. December 14, 1983, §§ 1 and 2, Ord. 409-C.S., eff. July 11, 1984, and § 2, Ord. 523-C.S., eff. December 12, 1988)
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(Supp. No. 56)
Sec. 6-5.110. Charges for collection: Procedure.
The fee or charge and method of collection which the scavenger may exact from the owner or occupant of any premises for the collection, removal, or disposal of refuse shall be as determined to be reasonable by the Council in accordance with the provisions of the franchise agreement between the City and the scavenger. (§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § 4, Ord. 380-C.S., eff. December 14, 1983, and § 2, Ord. 523- C.S., eff. December 12, 1988)
Sec. 6-5.111. Interference with scavengers: Collection by unauthorized persons. (a) It shall be unlawful for any person in any manner to interfere with the collection or disposal of garbage, refuse, or waste matter by any person authorized by license, franchise, or contract to collect or dispose of the same.
(b) Repealed.
(§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by § II, Ord. 500-C.S., eff. February 24, 1988, and §§ 2, 4, eff.
December 12, 1988)
Sec. 6-5.112. Collection of delinquent accounts.
(a) Delinquent accounts shall be collected solely by the company. The company shall collect delinquent accounts, and penalties thereon, as provided by agreement with the City and as set forth by this section. (b) Delinquent accounts shall not be collected by the City, included with any tax bill or made a lien against property.
(c) The company shall notify all affected property owners of pending delinquent bills in the same manner as tenants are notified prior to the delinquent penalties becoming effective against the owner in order to provide the owner with the opportunity of satisfying the delinquent account. If the company has not notified the property owner that a tenant's scavenger bill has become delinquent prior to the penalties becoming effective against the owner, there shall be no penalty assessed to the delinquent billing. (d) A penalty for delinquent charges shall only apply to the charge that is delinquent and not to the two (2) month prepayment security and shall only be assessed once against any one delinquent charge. (e) The two (2) month prepayment security shall only be imposed one time for a delinquent account and not be applied again if the delinquent account remains unpaid. The two (2) month prepayment security shall only be imposed once on an account at any given time. The company may require a reasonable deposit, approved by the City, in lieu of the prepayment penalty.
(f) The company shall be allowed bad debt write-offs up to one (1%) percent of annual rate revenues for delinquent accounts, provided that the company shall be required to demonstrate to the City during the annual rate review process that it first has made reasonable efforts to collect such delinquent accounts, including without limitation sending three (3) written notices to the customers responsible for each delinquency. To the extent this requirement results in an increase in the company's costs associated with billing and collection, the company may submit such costs for the City's review on annual rate applications.
The City may in its discretion allow the company bad debt write-offs of annual rate revenues for delinquent accounts in excess of one (1%) percent, provided that the company shall demonstrate that such write-offs in excess of one (1%) percent are necessary.
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Packet Pg. 265 Attachment: Attachment C -Redlines to Title 6_ Chapter 5_Article 1-Garbage_Collection - Code changes to sections 6-5.103 - 6-5.105 (5874 :
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(Supp. No. 56)
(§ 2, Ord. 334-C.S., eff. May 26, 1982, as amended by §§ 5 and 6, Ord. 380-C.S., eff. December 14, 1983, § 2, Ord. 437-84, eff. January 9, 1985, § 2, Ord. 523-C.S., eff. December 12, 1988, and § 1, Ord. 716-C.S., eff. July 14, 2004; Ord. No. 761-C.S., § 1, eff. July 9, 2008)
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CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/10/2025
1 SUBJECT:
Resolution of Intention to Establish the Pacifica Tourism Marketing District RECOMMENDED ACTION:
Adopt the resolution entitled " A Resolution Of The City Council Of The City Of Pacifica Declaring Its Intention To Establish The Pacifica Tourism Marketing District (PTMD) And Fixing The Time And Place Of A Public Meeting And A Public Hearing Thereon And Giving Notice Thereof" and set the date of March 24, 2025 for the Public Meeting and April 28, 2025, for the final Public Hearing on the formation of the '94 BID District.
STAFF CONTACT:
Yulia Carter, Assistant City Manager
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION
In 2004, the Pacifica Hotel Business Improvement District (PHBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (‘89 Law). The City of Pacifica and Pacifica lodging businesses now seek to modernize the PHBID by forming a new Pacifica Tourism Marketing District (PTMD) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (‘94 Law) and allowing the PHBID formed under the ‘89 Law to expire at the end of its current 1-year term on June 30, 2025, by not undergoing the annual renewal process at City Council.
In early 2024, the process to form the ’94 District and develop a Management District Plan (MDP) was initiated based on feedback from the PHBID Advisory Board (Board). At that time, the Board had decided on a 1% assessment rate for the new ’94 District.
In April 2024, petitions to form the ’94 District were distributed to all hotels owners (which also make up the PHBID Board) with the proposed 1% assessment rate. Six signed petitions were received out of a total of eight eligible PHBID members to reach the necessary majority to move forward with forming the new district.
Although the required legal threshold had been met, the City did not move forward with the formation of the ’94 district at that time. On April 22, 2024, City Council adopted a Resolution of Intention to Continue the ‘89 PHBID.
On June 24, 2024, City Council conducted a Public Hearing and adopted a Resolution Confirming the Annual Report from the PHBID and Assessing the Levy for the Fiscal Year 2024-25 at the same rates as in the Fiscal Year 2023-24, which was $1 per room per night. 11 Packet Pg. 267
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With the ’89 PHBID approaching the end of its current term, staff brought the continuation of the ’94 district formation as an agenda item at the January PHBID Board meeting. At the meeting, the BID expressed concerns about the financial burden of the 1% assessment rate on their guests. While the Board agreed to continue with the ’94 district formation, they proposed to modify the 1% assessment rate that they approved previously.
Since the circulation of the petitions, the Board has indicated a preference to maintain the current rate of $1 per room, per day of occupancy rather than 1% of gross revenue. Since this substantial change from the previously approved Board direction on the assessment was raised during the meeting, staff did not have the financial analysis for this newly proposed option at that time. The Board moved forward and voted for $1 per room per day of occupancy assessment. Since that meeting, staff has completed the financial analysis comparing the difference between a $1 assessment and a variety of % assessments, which is summarized in the Alternatives section of this report for transparency about this analysis.
Staff is recommending that the City follow steps to complete the formation of the new ‘94 PTMD following a mailed notice to all lodging businesses, a public meeting on March 24, 2025, and a public hearing on April 28, 2025.
At the conclusion of the ’94 PTMD formation process, the City Council may adopt, revise, change, reduce, or modify the proposed assessment pursuant to Streets and Highways Code section 36624.
Proposed assessments may only be revised by reducing any or all of them.
The PHBID will expire on June 30, 2025, and the new ’94 PTMD, if approved, will begin collecting assessments on July 1, 2025.
Purpose of PTMD
The PTMD is a benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for Pacifica hotels and short-term vacation rentals. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed hotels and lodging businesses. The proposed PTMD includes all hotels and all short-term vacation rental businesses (hereinafter referred to collectively as “lodging businesses”), existing and in the future, available for public occupancy located within the boundaries of the City of Pacifica.
Lodging business owners decided to pursue formation of the PTMD in order to create a revenue source devoted to marketing Pacifica as a tourist, meeting and event destination. If established, the PTMD would generate between approximately $100,000 - $200,000+ on an annual basis (depending on the decision on the final assessment rate) for the promotion of travel and tourism specific to Pacifica.
TOURISM MARKETING DISTRICTS
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the marketbased promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD.
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TMD benefits:
➢ Funds cannot be diverted for other government programs; ➢ They are customized to fit the needs of each destination; ➢ They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
➢ They are designed, created and governed by those who will pay the assessment; and ➢ They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the ‘94 Law. The key difference between ’94 districts and ’89 districts is that majority petition is required to form a ’94 district and they may be formed for an initial 5-year term, rather than needing to renew annually. ’89 Districts
o City Council can form district without petitions requesting it o Council-appointed Advisory Board
o District governed by Advisory Board
o 1 year term - must renew annually
’94 Districts
o Majority petition required to form
o Managed by “Owners’ Association”, a private, nonprofit corporation assigned to manage the programs
o Management District Plan provided for details of service and budget parameters o Provided for 5-year term, with ten years upon renewal o Requires Brown Act & Public Records Act compliance
o Annual Report to Council required
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.
MANAGEMENT DISTRICT PLAN (MDP)
The 2024 MDP includes the proposed boundary of the PTMD, a service plan and budget and a proposed means of governance. The PTMD will include lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Pacifica.
The 2024 MDP outlines an annual assessment rate of one percent (1%) of gross short-term sleeping room rental revenue. Annually, the Owner’s Association may increase or decrease the assessment rate by a maximum of one-quarter of one percent (0.25%) of gross short-term sleeping room rental revenue.
Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; any officer or employee of a foreign government, which officer or employee is exempt by reason of express provision of Federal law or international treaty.
The proposed PTMD will have a five (5) years year term, beginning July 1, 2025 or as soon as possible thereafter, and ending five (5) years from its start date. The assessment will be implemented beginning July 1, 2025 or as soon as possible thereafter. Once per year beginning on the anniversary of PTMD formation there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the PTMD.
The City of Pacifica will be responsible for collecting the assessment on a monthly basis from each assessed lodging business located in the boundaries of the PTMD. The City shall forward the 11 Packet Pg. 269
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assessments collected to the Owners’ Association, less any estimated costs associated with administering the assessment. If actual costs exceed the estimated amount withheld then the PTMD shall reimburse the City of Pacifica. The Owners’ Association will be a non-profit organization charged with managing funds and implementing programs in accordance with the Plan. ’94 PTMD FORMATION PROCESS
March 10, 2025 RESOLUTION OF INTENTION
Upon the submission of a written petition, signed by the business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district.
Petition Status: Petitions in favor of PTMD formation were submitted by 6 lodging businesses, which represent 50.10% of the total PTMD assessment, not counting a single business proposed to pay more than 40 percent (40%),pursuant to California Streets and Highways Code section 36621(a). This majority petition allows the Council to initiate proceedings for PTMD formation at the March 10, 2025 meeting.
No later than
March 14, 2025 NOTICE
The ‘94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the PTMD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest PTMD formation.
March 24, 2025 PUBLIC MEETING
Allow public testimony on the formation of the PTMD and levy of assessments.
No Council action required.
April 28, 2025 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed PTMD which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council. At the conclusion of the public hearing to establish the district, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments pursuant to Streets and Highways Code section 36624.
Proposed assessments may only be revised by reducing any or all of them.
The adoption of the Resolution of Formation shall establish the PTMD and levy of the assessment in each of the fiscal years referred to in the Plan.
If the ’94 PTMD is approved after the foregoing process, the City will need to amend Chapter 17, “Hotel Business Improvement District” within Chapter 17, Title 3 of the Pacifica Municipal Code.
ALTERNATIVE ACTION:
As described above, since the last Board meeting on January 24, 2025, staff has prepared the financial 11 Packet Pg. 270
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analysis for the $1 per room per day assessment option as voted on by the Board.
The analysis indicates that the Board-preferred option of $1 per night would generate approximately $125,000 per year. For comparison, lowering the previously approved 1% assessment down to 0.5% would generate approximately $143,000 while also reducing the average cost to hotel guests to lower than $1 per night (approx. $0.75 per night). In other words, the percentage-based model generates more money at a lower impact to hotel guests than the $1 per night model.
This difference arises because percentage-based projections are tied to current TOT collections, reflecting variations in gross rent between a hotel stay and a more costly STR stay.
Additionally, a percentage-based assessment provides the BID with maximum future flexibility to increase or decrease the assessment in any given year to respond to changing economic conditions and BID member needs.
Staff has described this alternative for the Council because this information was not available at the time of the BID’s decision. The City Manager is seeking the Council’s direction on whether staff should present this new financial information to the BID Board after the resolution of intent is adopted and before the final public hearing on the 94’ district formation, at which time the Council may adopt, revise, change, reduce or modify the proposed assessment.
Another alternative is that the City Council may elect not to form the Pacifica Hotel TMD assessment for FY2025-26 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 for tourism and marketing that will directly benefit the hospitality industry and improve the local economy.
FISCAL IMPACT:
There is no significant fiscal impact associated with this action. The City collects no fee for administering the district assessments at this time.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DECLARING ITS
INTENTION TO ESTABLISH THE PACIFICA TOURISM MARKETING DISTRICT (PTMD)
AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING
THEREON AND GIVING NOTICE THEREOF
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City of Pacifica (City), upon the submission of a petition signed by the property or business owners in the proposed district, to establish business improvement districts for the purposes of promoting tourism; and WHEREAS, the proposed PTMD includes all hotels and all short-term vacation rental businesses (hereinafter referred to collectively as “lodging businesses”, existing and in the future, available for public occupancy located within the boundaries of the City of Pacifica; and WHEREAS, lodging business owners and representatives from the City have met to consider the formation of the PTMD; and
WHEREAS, a Management District Plan (Plan) has been prepared which sets forth the proposed boundary of the PTMD, a service plan and budget, and a proposed means of governance and was circulated with a petition pursuant to California Streets and Highways Code section 36621; and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the PTMD have petitioned the City Council to establish the PTMD, pursuant to California Streets and Highways Code section 36621(a).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct and material to this Resolution.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the formation of the PTMD. The City Council accepts the petitions and adopts this Resolution of Intention to establish the PTMD and to levy an assessment on all lodging businesses, existing and in the future, within the PTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.
4. The City Council declares its intention to establish the PTMD and to levy and collect assessments on lodging businesses within the PTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The PTMD shall include all lodging businesses, existing and in the future, located within the boundaries of the City of Pacifica, as shown in the map attached as Exhibit A. 11 Packet Pg. 272
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6. The name of the district shall be “Pacifica Tourism Marketing District” or referred to as “PTMD”.
7. The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Annually, the Owner’s Association may increase or decrease the assessment rate by a maximum of one-quarter of one percent (0.25%) of gross shortterm sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; any officer or employee of a foreign government, which officer or employee is exempt by reason of express provision of Federal law or international treaty.
8. The assessments levied for the PTMD shall be applied toward marketing and sales promotion programs to market assessed lodging businesses in Pacifica as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which PTMD assessments are levied as long as they are used consistent with the requirements of this resolution, the Ordinance and the Plan.
9. The proposed PTMD will have a five (5) years year term, beginning July 1, 2025 or as soon as possible thereafter, and ending five (5) years from its start date unless renewed pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on establishing the PTMD and levying assessments are set for March 24, 2025, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2212 Beach Blvd., Pacifica, CA 94044.
12. The time and place for the public hearing to establish the PTMD and the levy of assessments are set for April 28, 2025, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 2212 Beach Blvd., Pacifica, CA 94044. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than March 14, 2025.
13. At the public meeting and hearing, the testimony of all interested persons for or against the establishment of the PTMD may be received. If at the conclusion of the public hearing, there are record of written protests by the owners of the lodging businesses within the proposed PTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire PTMD, no further proceedings to establish the PTMD shall occur for a period of one (1) year.
14. At the conclusion of the public hearing to establish the district on April 28, 2025 held at Council Chambers located at 2212 Beach Boulevard, Pacifica California, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments pursuant to Streets and Highways Code section 36624.
Proposed assessments may only be revised by reducing any or all of them. The adoption of the Resolution of Formation shall establish the PTMD and levy of the assessment in each of the fiscal years referred to in the Plan. 11 Packet Pg. 273
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15. The complete Plan is on file with the City Clerk and may be reviewed upon request.
16. This resolution shall take effect immediately upon its adoption by the City Council. • • • • •
I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a regular meeting of the City Council on the 10th day of March 2025 by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
EXHIBIT A
District Boundaries
11 Packet Pg. 274
Pacifica City Council 9
March 10, 2025
11 Packet Pg. 275
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/10/2025
1 SUBJECT:
Appointments to the Beautification Advisory Committee; Economic Development Committee; Parks, Beaches and Recreation Commission; and Planning Commission RECOMMENDED ACTION:
Move to appoint:
A) one (1) applicant to the Beautification Advisory Committee for a full 4-year term to expire March 2029;
B) one (1) applicant to the Economic Development Committee for a partial term to expire October 2028;
C) one (1) applicant to the Parks, Beaches and Recreation Commission for a partial term to expire May 2028; and
D) one (1) applicant to the Planning Commission for a full 4-year term to expire March 2029.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
The City has recruited applicants for the Beautification Advisory Committee; Economic Development Committee; Parks, Beaches and Recreation Commission; and Planning Commission due to vacancies and terms expiring in March 2025:
1) one (1) position on the Beautification Advisory Committee for one (1) full fouryear term to expire March 2029; 2) one (1) position on the Economic Development Committee one (1) partial term to expire October 2028;
3) one (1) position on the Parks, Beaches and Recreation Commission for one (1) partial term to expire May 2028; and
4) one (1) position on the Planning Commission for one (1) full four-year term to expire March 2029.
Recruitment notices were posted on the City website on January 24, 2025, and published in the San Mateo Daily Journal on January 27, 2025, and February 3, 2025. These recruitments were also advertised in the City's weekly Connect With Pacifica e-newsletter and the City's Facebook, Instagram, and NextDoor social media accounts.
The application deadline of February 7, 2025, was extended one time to February 12, 2025.
Applicant interviews were conducted by the City Council at a Special City Council Meeting held 12 Packet Pg. 276
Pacifica City Council 2
March 10, 2025
on February 25, 2025.
The City received three (3) timely applications for the Beautification Advisory Committee; four (4) timely applications for the Economic Development Committee; four (4) timely applications for the Parks, Beaches and Recreation Commission; and four (4) timely applications for the Planning Commission. One applicant for the Parks, Beaches & Recreation Commission subsequently withdrew their application, resulting in three (3) eligible applicants for consideration for the Parks, Beaches & Recreation Commission. Some applicants indicated interest in multiple Committee / Commission recruitments. The lists of applicants under consideration for each committee and commission are attached.
Pacifica Municipal Code Section 2-2.103 (Membership: Eligibility) sets forth guidelines for City Commissions and Committees membership eligibility as follows:
2-2.103(a) Membership on the commissions provided for in this chapter shall represent a broad cross-section of the entire community.
2-2.103(b) To be eligible for appointment to any commission or committee, a person shall be a qualified elector of the City, except for the following persons:
(1) Members who are under the age of eighteen (18) years at the time of their appointment; provided, however, they shall be residents of the City; and
(2) Members of committees who are not qualified electors or residents of the City but who may be appointed by the Council where they are deemed to be able to provide expertise or where they may be representative of a section of the community (i.e., commercial).
Selection Process
Lists of all applicants under consideration for each committee / commission are attached as Attachment A - Beautification Advisory Committee applicants; Attachment B - Economic Development Committee applicants; Attachment C - Parks, Beaches and Recreation Commission applicants; and Attachment D - Planning Commission applicants.
Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open Committee or Commission seats. Council should then make a formal motion to appoint named applicants to each committee / commission. Each formal motion should specify which named individual(s) are nominated for appointment to full terms and which named individual(s) are nominated for appointment to a partial term of specified duration, if there are multiple positions to be filled for differing terms.
FISCAL IMPACT:
None associated with this item.
ORIGINATED BY:
City Clerk
12 Packet Pg. 277
Pacifica City Council 3
March 10, 2025
ATTACHMENT LIST:
Attachment A: List of Applicants Beautification Advisory Committee (PDF) Attachment B: List of Applicants Economic Development Committee (PDF) Attachment C: List of Applicants Parks, Beaches and Recreation Commission (PDF) Attachment D: List of Applicants Planning Commission (PDF) 12 Packet Pg. 278
CITY COUNCIL REGULAR MEETING
MARCH 10, 2025
APPOINTMENT TO
BEAUTIFICATION ADVISORY COMMITTEE
NEED 1:
1 full 4-year term to expire March 2029
Applicant
Linda Jonas
Taylor Seabaugh
Laurence (Larry) Wuerstle
12.a
Packet Pg. 279 Attachment: Attachment A: List of Applicants Beautification Advisory Committee (5866 : Appointments to City Committees / Commissions:
CITY COUNCIL REGULAR MEETING
MARCH 10, 2025
APPOINTMENT TO
ECONOMIC DEVELOPMENT COMMITTEE
NEED 1:
1 partial term to expire October 2028
Applicant
Tom Campbell
Gina Luiz
Paige Miller
Janet Roxas
12.b
Packet Pg. 280 Attachment: Attachment B: List of Applicants Economic Development Committee (5866 : Appointments to City Committees / Commissions:
CITY COUNCIL REGULAR MEETING
MARCH 10, 2025
APPOINTMENT TO
PARKS, BEACHES AND RECREATION COMMISSION
NEED 1:
1 partial term to expire May 2028
Applicant
Jennifer Campbell
Cherie Chan
Michael Watkins
12.c
Packet Pg. 281 Attachment: Attachment C: List of Applicants Parks, Beaches and Recreation Commission (5866 : Appointments to City Committees /
CITY COUNCIL REGULAR MEETING
MARCH 10, 2025
APPOINTMENT TO
PLANNING COMMISSION
NEED 1:
1 full 4-year term to expire March 2029
Applicant
Michael Watkins
Marjory Davis
Remi Tan
Michael Wahlman
12.d
Packet Pg. 282 Attachment: Attachment D: List of Applicants Planning Commission (5866 : Appointments to City Committees / Commissions: BAC, EDC, PBR,