The city shall form a parking and business improvement district pursuant to California Streets and Highways Code Section 36500 et seq.
(Ord. 07-025 § 1, 2007; Ord. 09-005 § 9, 2009)
The name of parking and business improvement district shall be the Pacific Grove hospitality improvement district. This district may occasionally be referenced as the PGHID.
(Ord. 07-025 § 2, 2007; Ord. 09-005 § 9, 2009)
The boundaries of the Pacific Grove hospitality improvement district are the same boundaries as the corporate boundaries of the city.
(Ord. 07-025 § 3, 2007; Ord. 09-005 § 9, 2009)
The following definitions shall apply to this chapter and shall be used for all purposes by the Pacific Grove hospitality improvement district:
shall refer to either a "bed and breakfast inn," a "motel," or a "conference lodging establishment" as defined by this section.
shall refer to an establishment that meets the definition in Chapter 23.08 PGMC.
shall refer to any establishment that meets the criteria set by Chapter 23.08 PGMC, has 300 or more guest rooms, and that offers special venues for meetings, conferences, and special events.
shall include the term "hotel" and shall refer to any establishment that meets the definitions in Chapter 23.08 PGMC, but excluding therefrom any establishment that meets the definition of "bed and breakfast inn" or "conference lodging establishment" as set by this chapter.
(Ord. 07-025 § 4, 2007; Ord. 09-005 § 9, 2009; Ord. 13-003 § 8, 2013)
Assessments levied under the Pacific Grove hospitality improvement district may fund promotion, marketing and physical improvements of property in accord with Streets and Highways Code Section 36500 et seq. for the purpose of improving the hospitality economy of the city.
(Ord. 07-025 § 5, 2007; Ord. 09-005 § 9, 2009)
Improvements and activities of the Pacific Grove hospitality improvement district shall be funded by assessments on all accommodations establishments within the PGHID. Except where the council determines funds to be otherwise available, all improvements of activities of the PGHID shall be funded by the assessment set pursuant to this chapter.
(Ord. 07-025 § 6, 2007; Ord. 09-005 § 9, 2009)
An annual assessment shall be levied for the Pacific Grove hospitality improvement district (PGHID) upon new or existing accommodations establishments within the PGHID. New accommodations establishments within the PGHID shall not be exempt. The assessment shall be paid at the time the accommodations establishment pays transient occupancy taxes to the city, as specified in PGMC § 6.09.060, Reporting and remitting. Full service accommodations establishments and all others shall pay a fee per occupied room per night (per room-night fee) in amounts as approved by the city council. Full service accommodations establishments shall be as defined by Smith Travel Research, Inc., in their 2012 terms glossary as follows: "Full service hotels are generally mid-price, upscale or luxury hotels with a restaurant, lounge facilities and meeting space as well as minimum service levels, often including bell service and room service. These hotels report food and beverage revenue."
(Ord. 07-025 § 7, 2007; Ord. 09-005 § 9, 2009; Ord. 12-014 § 2, 2012)
Upon determination that a majority protest does not exist, the city council shall form the Pacific Grove hospitality improvement district, and thereafter appoint an advisory board for the Pacific Grove hospitality improvement district by the following process:
(a)
Membership on the PGHID advisory board shall be limited to accommodations establishment owners, concessionaires representing accommodations establishments, or employees holding the written consent of the accommodations establishment, within the PGHID area. To sponsor a member on the PGHID advisory board, each accommodations establishment shall have fully paid its PGHID assessment at the time of appointment, and remain fully paid during the term of that representative's membership on the board.
(b)
The PGHID advisory board shall be comprised of five members. Two members shall represent "motels" as defined by this chapter. Two members shall represent businesses classified as "bed and breakfast inns" as defined by this chapter. One member shall represent businesses classified as "conference lodging establishments" as defined by this chapter. If an accommodations establishment pays more than one-quarter of the city's total transient occupancy tax revenue, that accommodations establishment shall be entitled to one of the five seats on the PGHID advisory board.
(c)
PGHID advisory board members shall serve two-year terms, with appointments staggered at one-year intervals. The term for the two members representing "motels" and the term for the two members representing "bed and breakfast inns" shall each be staggered.
(d)
The PGHID advisory board shall be appointed by the city council, following a nomination process facilitated by the Chamber of Commerce. Each February, the Pacific Grove Chamber of Commerce (chamber) shall mail a letter to each accommodations establishment located in the PGHID. The letter shall announce the chamber shall hold a meeting at City Hall for the purpose of conducting open elections for the PGHID advisory board seats that may be vacant or are scheduled to become vacant as of July 1st of that calendar year. The letter shall further notify each accommodations establishment of the advisory board selection process.
(e)
At the noticed meeting, the chamber shall facilitate a selection process whereby any accommodations establishment representative meeting the qualification established in subsection (b) of this section may be nominated for a seat on the advisory board. The chamber shall conduct the election by secret ballot, and shall count ballots cast at that meeting or received by mail. One representative of each accommodations establishment in the Pacific Grove hospitality improvement district shall be eligible to vote; votes may be cast in person at the meeting, or if the accommodations establishment representative is unable to attend the vote may be made by proxy, signed on behalf of the accommodations establishment. Each accommodations establishment shall be allowed one vote for each open seat.
(f)
Nominees receiving the most votes shall be deemed to have won the election. The chamber shall verify the election results and forward the names to the city clerk no later than April 30th. If the results are not transmitted to the city clerk on or before April 30th, the council shall appoint the PGHID advisory board members by the process set forth for appointing boards and commissions in Chapter 3.04 PGMC.
(g)
The city council may accept or reject the election result as to any open seat. Should the council reject the election result as to a seat, the chamber shall make a substitute recommendation. PGHID advisory board members shall serve at the pleasure of the council. The council may, by majority vote, remove any advisory board member with or without cause.
(Ord. 07-025 § 8, 2007; Ord. 09-005 §§ 9, 10, 2009)
The Pacific Grove hospitality improvement district advisory board shall meet at least two times per year. The advisory board shall be deemed a "legislative body" for all purposes of the Ralph M. Brown Act, Government Code Section 54950 et seq. Each meeting of the advisory board shall be open and public as required by that Act.
(Ord. 07-025 § 9, 2007; Ord. 09-005 § 9, 2009)
The city manager shall authorize the Chamber of Commerce, by contract, to spend PGHID assessment revenues on behalf of the city provided each expenditure is made in accord with the Pacific Grove hospitality improvement district program and budget as approved by the city, and in compliance with all city purchasing regulations, or as otherwise set by ordinance.
(Ord. 07-025 § 10, 2007; Ord. 09-005 § 9, 2009)
The PGHID advisory board shall prepare and file an annual report with the city regarding the Pacific Grove hospitality improvement district. The report shall, among other things, itemize improvements and activities for the fiscal year, state the cost of activities, the amount of surplus or deficit revenues carried over from a previous fiscal year, and contributions other than assessments. The report shall meet the requirements of California Streets and Highways Code Section 36533. The city council shall review each report, and may approve the report as filed or modify any portion of the report and approve it as modified.
(Ord. 07-025 § 11, 2007; Ord. 09-005 § 9, 2009)
After approving the annual report, the city shall adopt an annual resolution of intention to levy the assessment for that fiscal year, publish a notice and hold a public hearing on the assessment. This action may be taken by resolution.
(Ord. 07-025 § 12, 2007; Ord. 09-005 § 9, 2009)
This resolution is exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines.
(Ord. 07-025 § 13, 2007; Ord. 09-005 § 9, 2009)