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HomeMy WebLinkAboutReso 1972-6359RESOLUTION NO. 6359 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING THAT IT IS NECESSARY AND DESIRABLE TO AMEND ORDINANCE NO. 1372 ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA, AND LEVYING AN ADDITIONAL BUSINESS TAX THEREIN FOR UPGRADING AND PROMOTING THE AREA BY DECLARING A MORATORIUM UPON THE COLLECTION OF THE ADDITIONAL ASSESSMENT STIPULATED THEREIN TO AND UNTIL JULY 1, 1972, AND REVISING THE MANNER OF SELECTION OF THE ADVISORY COMMITTEE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore adopted Ordinance No. 1372 in accordance with the provisions of the enabling legislation contained in Section 3600 et seq. of the Streets and Highways Code of the State of California, and WHEREAS, the City Council of the City of Chula Vista has on this date held a public hearing to consider the modification of the rate schedule for the additional assessment to be levied in the Parking and Business Improvement area established pursuant to said ordinance, as well as consideration of the modification of selection of the Advisory Committee, and WHEREAS, it is apparent that after consideration of the testimony at said hearing, that substantial dissatisfaction exists among the business interests in the Promotion District, both as to the existing rate schedule as set forth in Ordinance No. 1372 and the composition and manner of selection of the Advisory Committee for the Improvement District, and WHEREAS, although the City Council believes that said ordinance was properly and lawfully enacted, it further recognizes that the success of the Promotion District depends upon a consensus of the business community within the Improvement District and the support of a substantial number of businessmen within the area, which support does not exist under the present ordinance provisions and which consensus cannot be reached without a modification of the existing ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby direct the City Attorney to prepare amendments to Ordinance No. 1372 to provide for the following; 1. That a moratorium be imposed upon the collection of the assessment as provided in Ordinance No. 1372 to and until July 1, 1972 and if and in the event that a satisfactory rate schedule is adopted, that the additional assessment be prorated for the latter part of the calendar year of 1972. 2. That a new Advisory Committee shall be elected composed of seven (7) members who must be businessmen within the Improvement Area and no more than one (1) member of said Advisory Committee may be elected from any one business establishment and said member must be the operating manager or the person who has obtained the license for said business. - 1 - 3. That said new Advisory Committee shall be selected by means of a secret ballot in an election to be con- ducted by the City Clerk of the City of Chula Vista on May 16, 1972 and that the City Clerk shall conduct said election at a polling place conveniently located within the Improvement Area and in a manner substan- tially in conformance with the manner in which a municipal election is conducted, or that the City Clerk shall receive declarations of candidacy for membership on said Advisory Committee commencing on April 17, 1972 and filing therefor shall close at 5:00 p.m. on April 28, 1972. Those seven (7) persons receiving the highest number of votes cast in said election shall be declared to be the Advisory Committee, whose duties shall be: A. The Advisory Committee shall meet forthwith after the declaration of the results of the election by the City Council and organize said Committee by the election of a chairman, vice-chairman, secretary and treasurer. B. It shall be the initial duty of the Advisory Committee thus selected to review the entire matter of the Improvement Area as created by Ordinance No. 1372 and advise the City Council as to the desirability of continuing said Improve- ment District based upon their judgment as to the degree of support for the District subsequent to the reorganization proposed herein. C. After substantial support for the Improvement District in accordance with the reorganization is determined to exist, the Advisory Committee shall then prepare a rate schedule for the addi- tional assessment and program and budget for the review of the City Council. It shall be understood and agreed that the City Council desires to leave the determination of the amount of the additional assessment and the manner in which said tax levy shall be expended for promotional purposes to the business people within the Improvement Area. They shall not substitute their judgment for that of the business community or dictate to the community as to the best means for promoting and revitalizing the Business District. However, it must be understood that the City Council has the responsibility of insuring that the expenditure of funds is not under- taken in a manner contrary to the Constitution of the State of California, the laws of the State of California or the City of Chula Vista. BE IT FURTHER RESOLVED that the Director of Finance of the City of Chula Vista be, and he is hereby authorized and directed to refund all monies heretofore collected as the additional assessment levied pursuant to Ordinance No. 1372. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward certified copies of this resolution to each business licensee within the Improvement Area. Presented by Approved as to form by /" ~'` ,. ~ ~~ ~, ~; ~ ., - d ~ _ ,i ,; ~__ ,~" _ --- ti ~ <~~ _, ~ ~ < <-~ _ George ~D. Lindberg, City Attorney George .:k~., Lindberg, City Attorney _.~ ~ - 2 - -~i' 1., ~ L. ADOPTED AND APPROVED by the CITY COUNCIL. of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of March 1972_, by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ~ ~ ~~ ~ ~ ~~ Mayor of th ity of Chula Vis.:.~ I ATTEST "City Clerk ~--- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ~) ss. CITY OF CHULA VISTA ) I, JENNTE Mo FULASZo City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of Resolution No. 6359 and that the same has not been amended or repealed, DATED ~ March 8 , 1972 City Clerk ~~ r ~ ~-- ~ .. >>s~ UIQANIMCUS CONSENT FORI~1 IT IS HEREBY REQUESTED by the undersigned that the following item, with the unanimous consent of the City Council of the City o.f. Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Section l.. ]_6 of the Chula Vista City Code. Resolution - Amending-Ordinance No. 1372 Establishing a Parking and Business Improvement Area (S'cnature Unanimous Consent of the City Council, as indic~3ted by the Poll g -~ ~ ~~ `f ~. ~