HomeMy WebLinkAboutReso 2012-109RESOLUTION NO. 2012-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FOR INCLUSION WITHIN THE
CITY'S ADMINISTRATIVE PROCEDURES, PROCEDURES
FOR ADMINISTRATION OF ANY PETITIONS THAT MIGHT
BE SUBMITTED FOR DISESTABLISHMENT OF THE CHULA
VISTA TOURISM AND MARKETING DISTRICT
WHEREAS, the Chula Vista Tourism and Marketing District (CVTMD) is a business
improvement district established under the Property and Business Improvement District (PBID)
Law of 1994 (Streets and Highways Code 36600 et. seq.); and
WHEREAS, the PBID Law allows disestablishment of the district by resolution, upon
submittal of a petition (or petitions) by a majority of the owners of businesses in the district who,
in aggregate, pay 50 percent or more of the assessment levied; and
WHEREAS, the period for presenting such a petition is the 30-day period commencing
each year on the anniversary of the establishment of the district; and
WHEREAS, the CVTMD was established on July 14, 2009; and
WHEREAS, the next petition period will commence on July 14th of this year; and
WHEREAS, in January 2012, a number of hotel/motel owners assessed under the TMD
submitted petitions for disestablishment to the City; and
WHEREAS, these petitions were not submitted during the time period provided by state
law; and
WHEREAS, because of this, the City Attorney's office identified the need for procedures
to supplement the State code in this area; and
WHEREAS, at the City Council meeting on March 13, 2012, the Council requested that
draft procedures be brought back in April, for City Council input; and
WHEREAS, those draft procedures were submitted to the Council on April 24, 2012.
Subsequently, staff met with, and presented draft procedures to, Chamber of Commerce
representatives, the Chamber's TMD Board (on May 2nd) and the Chamber's Hotel/Motel
Committee (on May 8th); and
WHEREAS, draft procedures, along with a request for comments, were also transmitted
directly to CVTMD hotel/motel owner/operators in advance of the May 8th Hotel/Motel
Committee meeting, and this Council meeting; and
Resolution No. 2012-109
Page No. 2
and
and
WHEREAS, minor changes were proposed at the Chamber meetings and by City staff;
WHEREAS, no sepazate comments were received from individual hotel/motel operators;
WHEREAS, as a result of this outreach, and subsequent input from the City Council, the
draft procedures were revised. Changes made include: (i) eliminating the notary requirement for
the business owner, (ii) deleting the requirement that the owner prove ownership; the owner can
simply confirm that he or she is the owner by signing a statement to that effect under penalty of
perjury; (iii) clarifying the role of the Finance Director and City Clerk; (iv) identifying the City
Finance Departrnent's Service Center as the appropriate place to deliver signed petitions; (v)
stating that the petitions need not be in a specified format, but that a form petition will be made
available on the City's website; (vi) clarifying that submitted petitions will be public documents;
and (vii) setting forth the procedures to be followed, pursuant to Streets and Highways Code
section 36670, if the petition process results in the initiation of disestablishment proceedings; and
WHEREAS, staff recommends Council approve the proposed procedures because they
aze consistent with the underlying code provisions, consistent with good practices, provide for a
fair and clear process, and don't impose undue burdens on potential petitioners or City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve for inclusion within the City's administrative procedures, procedures
for administration of any petitions that might be submitted for disestablishment of the Chula
Vista Tourism and Marketing District in the form presented, a copy of which shall be kept on file
with the Director of Finance.
Presented by
en R. ogins
ity Atto ey
Approved as to form by
len R. oogins
~ty Atto ey
Resolution No. 2012-109
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of June 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Ma r
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-109 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of June 2012.
Executed this 12th day of June 2012.
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Donna R. Norris, CMC, City Clerk