HomeMy WebLinkAboutReso 2012-180RESOLUTION NO. 2012-180
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACKNOWLEDGING THE SUBMITTAL OF
PETITIONS TO DISESTABLISH THE CHULA VISTA
TOURISM AND MARKETING DISTRICT (CVTMD) FROM
BUSINESS OWNERS WHO PAY 50 PERCENT OR MORE OF
THE CVTMD ASSESSMENTS, DECLARING ITS INTENTION
TO DISESTABLISH THE CVTMD, NOTICING A PUBLIC
HEARING TO CONSIDER SAME FOR OCTOBER 23, 2012 AT
4:00 P.M.; AND REPEALING AND REPLACING
RESOLUTION NO. 2012-172
WHEREAS, the Chula Vista Tourism and Marketing District ("CVTMD") was
established in 2009 pursuant to the Property and Business Improvement District Law of 1994
(the "PBID Law"); and
WHEREAS, the PBID Law provides that the CVTMD may be disestablished by petition
of business owners who pay 50 percent or more of the district assessments; and
WHEREAS, on June 12, 2012, the
administrative procedures for the handling
disestablishment of the CVTMD; and
City Council adopted a resolution approving
of petitions that might be submitted for
WHEREAS, the 30-day petition period for 2012 commenced on July 14th and ended on
August 13th; and
WHEREAS, during the petition period, the City received petitions to disestablish the
CVTMD from twelve members of the CVTMD; and
WHEREAS, the Finance Director has reviewed the petitions submitted pursuant to the
criteria established in the adopted administrative procedures; and
WHEREAS, the Finance Director has determined that valid petitions to disestablish the
CVTMD have been submitted by business owners or authorized representatives who pay more
than 50 percent of the CVTMD assessment; and
WHEREAS, the City Clerk has verified the finding of the Finance Department; and
WHEREAS, Section 36670(a)(2) of the Streets and Highways Code and the adopted
administrative procedures require that upon written petition of the business owners or authorized
representatives who pay 50 percent or more of the district assessments, the City Council adopt a
resolution of intention to disestablish the district and notice a hearing on disestablishment; and
Resolution No. 2012-180
Page No. 2
WHEREAS, Section 36670(a)(2) of the Streets and Highways Code and the adopted
administrative procedures requires that the resolution of intention to disestablish the district state
the reason for the disestablishment, state the time and place of the public hearing to consider
disestablishment, and contain a proposal to dispose of any assets acquired with the revenues of
the assessments levied within the district; and
WHEREAS, the disestablishment is under consideration pursuant Section 36670(a)(2) of
the Streets and Highways Code and the adopted administrative procedures and the receipt of
petitions to disestablish the district received from business owners or authorized representatives
paying 50 percent or more of the annual CVTMD assessments which meet all criteria outlined in
the administrative procedures; and
WHEREAS, the public hearing to consider disestablishment of the CVTMD shall be held
at 4:00 p.m. on Tuesday, October 23, 2012 in Council chambers; and
WHEREAS, the City proposes to dispose of any CVTMD assets as follows: (i) any assets
acquired using the revenues of the assessments levied within the district be liquidated by the City
following disestablishment of the district; (ii) the annual financial audit required by the adopted
Agreement for Tourism Marketing District Management Services ("Agreement") be used to
identify the assets to be liquidated; (iii) the audit for Fiscal Year 2011/2012, to be submitted to
the City no later than September 30, 2012, for the period July 1, 2011 through June 30, 2012,
pursuant to the Agreement, be extended to cover activity through the date of disestablishment;
and (iv) all revenues from the liquidation be distributed in accordance with Section 36671; and
WHEREAS, in order to ensure adequate notice of the public hearing is provided in
accordance with California Streets and Highways Code section 36670, the City Council is
adopting this new Resolution, repealing and replacing Resolution No. 2012-172, to change the
public hearing date from October 16, 2012 at 4:00 p.m., to October 23, 2012 at 4:00 p.m.; and
WHEREAS, this amended Resolution No. 2012-172 supersedes, repeals and replaces the
original Resolution No. 2012-172, dated September 11, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it acknowledges the submittal of petitions to disestablish the Chula Vista Tourism and
Mazketing District (CVTMD) from business owners who pay 50 percent or more of the CVTMD
assessments, declazes its intention to disestablish the CVTMD, notices a public hearing to
consider same on October 23, 2012 at 4:00 p.m., and repeals and replaces Resolution No. 2012-
172 with this Resolution.
Presented by Approved as to form by
~Mazia Kachadoorian
Director of Finance/Treasurer
G n R. Goo ins
City ey
Resolution No. 2012-180
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of September 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda and Ramirez
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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. 2012-180 was duly passed, approved, and adopted by the City Council at a
special meeting of the Chula Vista City Council held on the 20th day of September 2012.
Executed this 20th day of September 2012.
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Donna R. Norris, CMC, City Clerk