Loading...
HomeMy WebLinkAboutReso 2001-232 RESOLUTION NO. 2001-232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, CONFIRMING THE DIAGRAM AND ASSESSMENT, PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT; AND ESTABLISHING THE DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highway Code Section 33600 et seq.)(the "PBID Law") authorizes the City of Chula Vista to form one or more property based business improvement districts ( a "PBID") within Chula Vista; and WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001-175 entitled Resolution of Intention of the City Council of the City of Chula Vista to Form a Business Improvement District Pursuant to the Property and Business Improvement District Law of 1994; and WHEREAS, the PBID will be located in downtown Chula Vista and will include the area from E Street to I Street and from Church Avenue to Landis Avenue; and WHEREAS, the services to be provided in the PBID will include economic development, marketing and parking management; district wide maintenance; and Third Avenue enhanced maintenance; and WHEREAS, the services to be provided in the PBID will be funded by a levy of assessments which assessments shall be used for the purposes specified in the PBID management plan; and WHEREAS, the estimated costs for the first year of operation of the PBID will be approximately Three Hundred and Three Thousand Two Hundred Eighty Five Dollars ($303,285) which cost may be increased in future years a maximum of five percent (5%) annually; WHEREAS, a more detailed description of the location, services and costs of operation of the proposed PBID are set forth in the management plan on file with the City Clerk and incorporated in this Resolution by this reference (the "PBID Management Plan"); and WHEREAS, each record owner within the boundaries of the PBID received an assessment ballot with which the owner could vote his or her support or opposition to the PBID; and Resolution 2001-232 Page 2 WHEREAS, a noticed public hearing was be held by the City Cotmcil to receive public input on the proposed PBID on July 24, 2001 at 6:00 P.M. at City Council Chambers, 276 Fourth Avenue; and WHEREAS, a minor change to the PBID Management Plan has been recommended which would exempt churches within the PBID from paying assessments related to economic development activities within the PBID. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby declare the results of the assessment ballot tabulation; contim the diagram and assessment; and establish the Downtown Chula Vista Property-based Business Improvement District (PBID) pursuant to the Property and Business Improvement District Law of 1994 and Califomia Govemment Code Section 53753; and FLIRTHER RESOLVED that the a duly notice public heating was held by the City Council to receive public input on the proposed PBID on July 24, 2001 at 6:00 P.M. at City Council Chambers, 276 Fourth Avenue, pursuant to Section 36621(c)(2) of the PBID Law and Section 53753(d) of the Califomia Government Code; and FURTHER RESOLVED that the PB1D will be located in downtown Chula Vista and will include the area from E Street to I Street and from Church Avenue to Landis Avenue as more particularly described on the map attached to the PBID Management Plan; and FURTHER RESOLVED that the services to be provided in the PBID will include economic development, marketing and parking management; district wide maintenance; and '--,. Third Avenue enhanced maintenance as more particularly described in the PBID Management Plan; and FURTHER RESOLVED that the estimated costs for the first year of operation of the PBID will be approximately Three Hundred and Three Thousand Two Hundred Eighty Five Dollars ($303,285) which cost may be increased in future years a maximum of five percent (5%) annually; and FURTHER RESOLVED that the City Council has carefully considered public input received during the public hearing and has determined that the establishment of the PBID is in the best interest of the City of Chula Vista; and FURTHER RESOLVED that the properties within the PBID shall be subject to any amendments to the PBID Law; and FURTHER RESOLVED that the activities to be provided within the PBID will be funded by a levy of the assessment of properties within the PBID and that the revenue shall not be used Resolution 2001-232 Page 3 to provide improvements or activities outside the PBID or for any purpose other than as specified by the PBID Management Plan as modified by this Resolution; and FURTHER RESOLVED that the City Council finds and determines based on the information presented to the City Council, including the engineer's report prepared as part of the PBID adoption process, that the properties located within the PBID will be benefited by the improvements and activities funded by the PBID assessment; and FURTHER RESOLVED that following the closing of the public heating, the City Clerk tabulated the assessment ballots and has found that a majority of the assessment ballots submitted, and not withdrawn, were in favor of the establishment of the PBID; and FURTHER RESOLVED that the PBID Management Plan shall be amended to exempt churches in the PBID from paying assessments related to the economic development activities within the PBID and that the City finds and determines that such amendment does not substantially change the overall assessment of the PBID; and FURTHER RESOLVED that the City Clerk is directed to record a notice and assessment diagram pursuant to California Street and Highway Code Section 3114. Presented by Approved as to form by Community Development Director Resolution 2001-232 _ Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of July, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Horton NAYS: C ouncilmembers: None ABSENT: Councilmembers: Padilla Shirley Hortonflayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-232 was duly passed, approved, and adopted by the City Council at a t regular meeting of the Chula Vista City Council held on the 24 h day of July, 2001. Executed this 24th day of July, 2001. Susan Bigelow, City Clerk