HomeMy WebLinkAboutOrd 2025-3602ORDINANCE NO. 3602
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 5.05 OF THE CHULA VISTA MUNICIPAL CODE —
CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT
DISTRICT, DISESTABLISHING THE AUTO PARK BUSINESS
IMPROVEMENT DISTRICT, AND ORDERING THE
DISPOSAL OF REMAINING ASSETS
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 dissolved
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; and
WHEREAS, the City Council adopted a Resolution of Intention on September 9, 2025,
setting the public hearing date to October 7, 2025; and
WHEREAS, this public hearing was noticed in accordance with the requirements of
Section 36523 of the California Streets and Highways Code, in that the Resolution of Intention
adopted by the City Council on September 9, 2025 was published in a newspaper of general
circulation in the City once, for at least seven days before this public hearin g on October 7, 2025,
and a complete copy of the Resolution of Intention was mailed by first-class mail to each business
owner assessed in the District within seven days of the City Council’s adoption of the Resolution
of Intention on September 9, 2025; and
WHEREAS, Chapter 5.05 of the Chula Vista Municipal Code is obsolete.
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Ordinance No. 3602
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NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. The Recitals set forth above are true and correct and are hereby incorporated
herein by this reference.
Section II. Chapter 5.05 of the Chula Vista Municipal Code is hereby repealed in its
entirety and marked “Reserved.”
Section III. The Chula Vista Auto Park Business and Improvement District is hereby
disestablished.
Section IV. City staff are hereby authorized and directed to dispose of the remaining assets
of the District according to Section 36551 of the California Streets and Highways Code. The
District members shall be paid out their proportionate share of contributions from the total
remaining amount of District assets and revenues. The District members shall be paid out
according to this formula:
Dealership Proportionate Percentage
Chula Vista Honda 1.11%
Chula Vista Ford 1.64%
Mossy Nissan Chula Vista 41.19%
Toyota Chula Vista 56.06%
TOTAL 100.00%
Section V. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section VI. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VII. CEQA
The City Council finds this Ordinance 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.
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Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Ordinance No. 3602
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Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of October 2025, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
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
Ordinance No. 3602 had its first reading at a regular meeting held on the 7th day of October 2025,
and its second reading and adoption at a regular meeting of said City Council held on the 21st day
of October 2025 and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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11/14/2025