HomeMy WebLinkAboutReso 2016-122 RESOLUTION NO. 2016-122
RESOLUTION OF THE CITY COUI�'CIL OF THE CIT1' OF
CHULA VISTA ACCEPTII�'G THE AtiAN.AGEr4E\'T DISTRICT
PLAN AND FIi�'AL EI�'GII�TEER`S REPORT. RE?�'EVJII�'G THE
DOV�'ivTOWN CHULA VISTA PROPERTY-BASED BUSII�iESS
II�4PROVEMENT DISTRICT FOR A PERIOD OF TEI�' YEARS
Ai\'D AUTHORIZII�iG THE LEVl' AI�TD COLLECTION OF
ASSESSMENTS �4'ITHIi�i SUCH DISTRICT. A\'D
APPROVII�'G THE "THIRD AVE\'UE VILLAGE
AGREE?�4E1�'T AND ENCROACHMENT PER�4IT FOR
MAIi�'TENAI`'CE SERVICES BETI�'EEN THE CITY OF
CHULA VISTA r1_\'D THE THIRD AVENUE VILLAGE
ASSOCIATION"
�'HEREAS, the Propem� and Business Impro��ement District Law of 1994 (Califomia
Streets and Hieh��av Code Sections 36600, et seq.)(the "PBID La���') authorizes the Cit}� of
Chula Vista to form one or more business impro��ement districts ( a `BID") within Chula Vista.
and to renew such districts: and
Vl'HEREAS_ the Cin� Council of the Cit�� of Chula Vista ��ishes to continue to promote
the economic re��italization and physical maintenance of the business districts ���ithin Chula
Vista: and
VdHEREAS, the renewal of the DoN�nto�vn Chula Vista PBID (the "PBID"). which
eenerall�� encompasses the azea alone Third Avenue, from E Street to I Street. and is more
particularlv described in the District Management Plan, dated Januan� 2016, and the
accompanyine Engineer's Report dated April 2016 (the "A4anagement Plan"), ���hich is on file in
the office of the Citv Clerk and incorporated b�� this reference. ���ithin Chula Vista �aill further
the Cit�� Council's eoals of creating jobs. assistine ne�i� businesses and supporting the esisting
business district �+�ithin the Citv: and
WHEREAS, the sen�ices to be provided b�� the PBID and described in the A4anagement
Plan ���ill include economic de��elopment and marketing for business retention and attraction:
district wide maintenance: Third Avenue enhanced maintenance; sponsoring of annual special
events: and
VJHEREAS, a petition signed by property oN�ners in the proposed PBID ��ho �vill pa}�
more than fifry percent (�0%) of the assessment proposed to be le��ied has been submitted to
support the renewal of the PBID; and
�1'HEREAS_ the estimated cost for the first ��ear of operation of the PBID is Four
Hundred Fifr}�-Fi��e Thousand Dollars ($455;000) ���hich cost ma�� be increased in future ��ears a
ma�imum of fi��e percent (�%) annuallv; and �ti�hich estimated cost constitutes the total amount
of all special benefits to be conferred on the properties ���ithin the PBID district; and
Resolution No. 2016-]22
Pa�e No. 2
WHEREAS_ on April 26, 2016_ the City Council adopted a Resolution of Intenlion
(Resolution No. 2016-062) to renew the PBID: and
WHEREAS; a noticed public hearine was held by the City Council to receive public
input on the PBID renev��al on June 14, 2016, at 5:00 P.M. at Ciry Council Chambers located at
276 Fourth avenue. Chula Vista: and
WHEREAS, the Ciry Council authorized the results of the ballots submitted by property
oNmers located within the boundaries of the PBID, to be opened and counted by the City Clerk`s
Office; and
�'HEREAS; ballots were counted and weighted according to the proportional financial
obligation of the affected properties, and it was determined that the percenta�e of ballots
submitted in opposition to the assessment was: 213 and the percentage of ballots submitted in
favor of the assessment was: 78J, therefore, a majority protest did not exist; and as a result; the
voters have approved the renewal of the Dowmtown Chula Vista Property-Based Improvement
District: and
WHEREAS; the properties within the PBID district shall be subject to the PBID Law,
and any amendments to it; and
WHEREAS, the improvements, maintenance, and activities to be conferred on the
properties within the PBID district will be funded by the levy of the assessment; and
WHEREAS, the Third Avenue Village Association ("TAVA") intends to perform certain
services contemplated in the Management Plan, including district-wide maintenance and Third
Avenue enhanced maintenance; pursuant to an agreement with the City; and
WHEREAS, City staff has been working with TAVA to prepare the "Third Avenue
Village Agreement and Encroachment Permit for the Maintenance Services between the City of
Chula Vista and the Third Avenue Village Association" (the "Agreement") which clarifies the
maintenance responsibilities and serves as the encroachment permit required for TAVA to
conduct the services and activities contemplated in the Agreement and Management Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit}� of Chula
Vista does hereby find that the properties within the PBID district will be benefited by the
improvements, maintenance, and activities funded by the proposed assessments, and that the
properties will receive special benefits and accepts the Management Plan.
BE IT FURTHER RESOLVED that the City Council hereby renews the Downtoti�n
Chula Vista Property-Based Improvement District and authorizes the levy and collection of
assessments within the PBID in accordance with the Management Plan, for a period of ten years,
effective January 1, 2017.
BE IT FURTHER RESOLVED that the City Council hereby approve the "Third Avenue
Village Agreement and Encroaclvnent Perniit for the Maintenance Services between the City of
Chula Vista and the Third Avenue Village Association" allowing TAVA to conduct the sen�ices
aud activities conteinplated in tl�e Agreement and Manaaement Plan.
Resolution No. 2016-122
Paee No. 3
Presented by .Approved as to form b��
/ / �, `` _
Eric C. Crockett len R. Gooeins
Director of Economic De��elopment C� , ttorne}
PASSED. APPROVED. and ADOPTED b� the Cirv Council of the Cit�� of Chula Vista_
Califomia. this 14th da�� of June 2016 bv the follo��=ine ��ote:
AYES: Councilmembers: Aeuilar. Bensoussan. and McCann
NAYS: Councilmembers: I�'one
ABSENT: Councilmembers: Miesen
ABSTAII�': Councilmembers: Salas
�
Marv as. Mavor
ATTEST:
� ��. � ��
Donna R. Norris. n4C. Cirv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Noms. Citv Clerk of Chula Vista. Califomia. do herebvi certifi� that the foreeoine
Resolution No. 2016-]22 �ti�as dul�� passed, appro�ed, and adopted b} the Cit� Council at a
reeulaz meetine of the Chula Vista Cit�� Council held on the 14th dav of June 2016.
Ezecuted this 14th da�� of June 2016.
�
/ .—�
Donna R. Norris. CA4C. Cit�� Clerk