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HomeMy WebLinkAboutReso 2025-141 (11kr, RESOLUTION NO. 2025-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING AN INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER DISESTABLISHING THE AUTOMOBILE PARK BUSINESS IMPROVEMENT DISTRICT WHEREAS, in 2009,in accordance with the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code section 36500 et seq.), the City of Chula Vista adopted Ordinance No. 3125 by which the Auto Park Business Improvement District(District) was formed as a means of promoting the proposed area as a premier employment and commercial area, and specifically to aid in the promotion of local transportation sales businesses located in the proposed area; and WHEREAS, funds were raised for such purposes generated through a monthly levy of assessments on transportation sales businesses located within the District according to the formula described in Ordinance No. 3125; and WHEREAS, since then, the auto park business owners have not experienced the benefits anticipated with the establishment of the District; and WHEREAS, the auto park business owners have requested that the District be disestablished and that the remaining assets be disposed of among them; and WHEREAS, section 36550 of the California Streets and Highways Code authorizes the City Council to disestablish a business improvement area by ordinance after adopting a resolution of intention prior to conducting a public hearing on the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: Section 1. The Recitals set forth above are true and correct and are hereby incorporated herein by this reference. Section 2. The City Council declares its intention to hold a public hearing to consider disestablishing the automobile park business improvement district, at which time any and all persons interested in or objecting to the proposed disestablishment appear and be heard. Such public hearing shall be held at Chula Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, CA 91910, on October 7, 2025, at 5:00 p.m. Section 3. Upon disestablishment of the District,there shall be a proposal to dispose of any assets, if any,acquired with the revenues of the assessments levied within the District. The District members shall be paid out according to this formula: L Resolution No. 2025-141 Page No. 2 Dealership Proportionate Percentage Chula Vista Honda 1.11% Chula Vista Ford i 1.64% Mossy Nissan Chula Vista 41.19% Toyota Chula Vista 56.06% TOTAL 100.00% Section 4. Upon disestablishment of the District, any remaining revenues derived from the levy of assessments,or any revenues derived from the sale of assets acquired with the revenues, shall be refunded in the manner required by section 36551 of the California Streets and Highways Code. Section 5. The Clerk of the City Council is directed to give notice of the above-referenced public hearing in accordance with Section 36523 of the California Streets and Highways Code, which section requires publication of this Resolution in a newspaper of general circulation in the City once, for at least seven days before the public hearing, and the mailing of a complete copy of this Resolution by first-class mail to each business owner assessed in the District within seven days of the City Council's adoption of this Resolution. Section 6. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it consists of a governmental fiscal activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. '.141) Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Section 8. Effective Date. This Resolution shall become effective immediately. [SIGNATURES ON THE FOLLOWING PAGE] J Resolution No. 2025-141 Page No. 3 Presented by Approved as to form by 0(.414/ TiffanyX1len Marco A. Verdugo Assistant City anager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of September 2025 by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None fL12_1,1 John McCann, Mayor (kir ATTEST: Kerry Kigelo , MC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-141 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of September 2025. Executed this 9th day of September 2025. Kerry YK. e1�MC, City Clerk Docusign Envelope ID:3006F359-F6A8-4022-B7A0-342FF006517A Resolution No. 2025-141 Page No. 3 Presented by Approved as to form by ,--DocuSigned by: Signed'tune a by: ' /. V "-AA76F 151)4508450 '-96F667Fi1308B47B Tiffany Allen Marco A. Verdugo Assistant City Manager City Attorney • PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of September 2025 by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None ,—DocuSigned by: 7804EC73B90B473 John McCann, Mayor ATTEST: f—DocuSigned by: 3074D104EAF342E Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-141 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of September 2025. Executed this 9th day of September 2025. DocuSigned by: 3074D104FAF 347E Kerry K. Bigelow, MMC, City Clerk L