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HomeMy WebLinkAboutOrd 1972-1390 ORDINANCE N0. 1390 AN ORDINANCE OF THE CITY OF CHULA VISTA AMEiQDING ORDINANCE NO. 1372 BY ADDING THERETO A NEW SECTION 13 AND AMENDING SECTION 7 , ALL RELATIIQG TO THE ZMPOSITION OF A MORATORIUM UPON THE COLLECTION OF THE ADDITIONAL BUSINESS LICENSE TAX FOR THE PARKING AND BUSINESS IMPROVEMENT AREA AND ESTABLISHING A PROCEDURE FOR THE ELECTION OF A NEW ADVISORY COMMITTEE WHEREAS , the City Council of the City of Chula Vista on Tuesday, March 7 , 1972 conducted a public hearing for the purpose of reviewing and modifying the additional business license levy schedule as set forth in Ordinance No . 1372 and considering the reorganization of the Advisory Committee for the Parking and Business Improvement Area, and WHEREAS , after hearing 'testimony and considering the objections of a substantial number of businessmen within the area, the City Council adopted Resolution No. 6359 , which resolution directed that an ordinance be prepared and returned to the City Council amending said Ordinance No . 1372 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 . NOW, THEREFORE , BE IT ORDAINED by the City Council of the City of Chula Vista as follows : SECTION I : That Ordinance No . 1372 be, and the same is hereby amended by amending Section 7 thereof and adding a new Section 13 thereto to read as follows : Section 7 . Advisory Committee . A seven-man Advisory Committee shall be established to manage and direct the affairs of the Improvement District. The terms of the members of said Advisory Committee shall be for a period of three (3) years, which terms shall be staggered initially by drawing lots so that three (3) members shall serve for one (1) year, two (2) members shall serve for two (2) years and two (2) members shall serve for three (3) years . Said Advisory Committee shall be elected at large from the businesses located within the Parking and Business Improvement Area . A candidate for the Advisory Committee to be eligible must be a businessman 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 . Said members of the Advisory Committee shall be elected by means of a secret ballot in an election to be conducted 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 substantially in conformance with the manner in which a municipal election is conducted, and 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 . Thereafter, the City Clerk shall establish a calendar for election in succeeding terms for members of the Advisory Committee who shall be elected commencing in the year 1973 on the second Tuesday of November and each year as terms of the members expire . - 1 - 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 Improve- ment Area as created by Ordinance No . 1372 and advise the City Council thereon subsequent to the reorganization proposed herein. (c) After substantial support for the Improvement District in accordance with the reorganization is determined to exist, tlie Advisory Commitee shall then prepare a rate schedule for the additional 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 Dis- trict. However, it must be understood that the City Council has the responsibility of insuring that the expenditure of funds is not undertaken 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. Section 13 . Moratorium. A moratorium is hereby imposed upon the collection of the additional business license levy as provided in Section 3 hereinabove to and until July 1, 1972 . Section II : This ordinance shall take e£fect and be in force on the thirty-first day from and after its passage . Presented by Approved as to form by � � / V� . _ George . Lindberg, City Attor George D. Lindberg, City Attorn . - 2 - ,,1 z,'� ADOPTED AND APPROVED. BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA; this�8th day of Dtarch , 1973 , by the following vote , to-wit : AYES : Cuu�ic�2m2n Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Counc�.�men None ABSENT: Cuunc�.2m2n None � �. Mayon o6 .t e C.c.ty ob .Chu2a V�.h.ta ATTEST � C�.ty C eh STRTE OF CALIFORNIA ) �GQNTY OF SFiN DIEGO ) ss . CITY OF CHULA VISTA ) I , JENNIE M. FULASZ , C�..ty C2eah ob .the C�.�y ub Chu2a V�.h.ta, CaPi.sonn2a, DU HEREBY- CERTIFY xha.t .the above and 6onego� ng �.a a . bu�2, .t.rue and con.tec.t copy o6 and .tha.t �he hame hah �io.t bee�a amended on nepea2ed. DATED: c�.x y czen J