Loading...
HomeMy WebLinkAboutReso 2026-188RESOLUTION NO. 2026-188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROVIDING PRELIMINARY APPROVAL OF THE FINAL ASSESSMENT ENGINEER’S REPORT; EXPRESSING ITS INTENTION TO ESTABLISH THE DOWNTOWN CHULA VISTA COMMUNITY BENEFIT DISTRICT FOR A PERIOD OF TWENTY YEARS; AND SETTING THE PUBLIC HEARING ON SUCH ESTABLISHMENT WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.)(“PBID Law”) authorizes the City of Chula Vista to form one or more property and business improvement districts (“PBID”) within Chula Vista; and WHEREAS, the City of Chula Vista wishes to continue to promote the economic revitalization and physical maintenance of the downtown Chula Vista business district; and WHEREAS, on March 17, 2026, the City Council adopted a Community Benefit Districts (“CBD”) Ordinance which established procedures for the formation of PBIDs – alternately referred to therein as community benefit districts (“CBDs”) – in Chula Vista, as an alternative to, but not replacement for, the procedures established by the PBID Law; and WHEREAS, establishment of the Downtown Chula Vista CBD will further the City’s goals of creating jobs, assisting new businesses, and supporting the existing Downtown Chula Vista Property-based Business Improvement District; and WHEREAS, a petition signed by property owners in the proposed CBD who will pay more than thirty percent (30%) of the assessment proposed to be levied has been submitted to the City Council to initiate proceedings for the formation of a CBD; and WHEREAS, a special annual assessment will be levied on the properties located within the CBD boundaries sufficient to pay the costs of providing certain services that are necessary to promote the economic development and physical maintenance of the CBD, and costs incidental thereto; and WHEREAS, the City now wishes to proceed with the next steps to establish the CBD by adopting this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California, the City Council finds that: Docusign Envelope ID: BAA31D51-143B-8DA9-80E5-34CFE1A813A5 Resolution No. 2026-188 Page No. 2 (a) the services to be provided in the CBD will include public safety; maintenance services; sidewalk maintenance; landscape maintenance; alley maintenance; graffiti removal; sidewalk pressure washing; homeless outreach; special events; public relations and social media; and advocacy; (b) the estimated costs for the first year of operation of the CBD is Six Hundred Ninety Three Thousand Seven Hundred and Sixty-Two Dollars ($693,762), which cost may be increased in future years at a maximum of seven percent (7%) annually, and which estimated cost constitutes the total amount of all special benefits to be conferred on the properties within the CBD; (c) the amount of the assessment imposed on a parcel shall be calculated as $0.14/square foot of building area, $0.08 per square foot of land area, and $4.00 per linear foot of street frontage, or $0.14 per square foot of interior unit building area for condominium buildings; (d) the assessment will be levied on property within the CBD; (e) bonds will not be issued; (f) the CBD boundaries are proposed to generally encompass approximately twenty- seven (27) square blocks consisting of two-hundred and fifty-three (253) parcels on or near the historic Third Avenue business corridor from E Street to I Street, as well as properties along H Street between Third Avenue and Fifth Avenue; and (g) a more detailed description of the location, services, the amount of the proposed assessment, and costs of operation of the proposed CBD are set forth in the final management district plan, dated August 11, 2026, which is on file with the City Clerk and incorporated herein by reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the Recitals set forth above are true and correct and are hereby incorporated herein by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it is the intention of the City Council to initiate proceedings to form a new property-based business improvement district, known as the Downtown Chula Vista Community Benefit District, in accordance with the PBID Law and City of Chula Vista Municipal Code. The City Council hereby authorizes the City Manager to initiate the proceedings to establish the CBD in conformance with Chapter 5.14 of the City of Chula Vista Municipal Code, the PBID Law, and California Government Code Section 53753. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Council hereby preliminarily approves the Assessment Engineer’s Report for the Downtown Chula Vista Community Benefit District dated August 11, 2026, in the form presented and on file in the office of the City Clerk. The Engineer’s Report is hereby incorporated and made a part hereof as though fully incorporated herein. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that notice is hereby given that the public hearing on the establishment of the proposed CBD and levy of the proposed assessment will be held by the City Council to receive public input on the proposed Community Benefit District and assessment on November 10, 2026, at 5:00 P.M. in the City Council Chambers located at 276 Fourth Avenue, Chula Vista. Docusign Envelope ID: BAA31D51-143B-8DA9-80E5-34CFE1A813A5 Resolution No. 2026-188 Page No. 3 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager, or the City Manager’s designee, is hereby authorized and directed to execute and timely return, on behalf of the City as the owner of real property within the proposed CBD, the assessment ballot(s) relating to the proposed levy of assessments on City-owned parcels, voting in favor of the proposed assessment and formation of the CBD. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that if any portion of this Resolution, 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 Resolution, 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 Resolution, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Resolution be declared invalid, unenforceable, or unconstitutional. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Council has determined that the adoption of this Resolution is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(3) of the State CEQA Guidelines because this activity is not a “project” for purposes of Section 15378(b)(4) of the State CEQA Guidelines, as this Resolution pertains to the creation of a government funding mechanism or constitutes other government fiscal activities, which do not involve any commitment to any specific project that may result in a physical change in the environment. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: BAA31D51-143B-8DA9-80E5-34CFE1A813A5 Resolution No. 2026-188 Page No. 4 Presented by Approved as to form by David Graham Marco A. Verdugo Director of Economic Development City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of September 2026, 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 Resolution No. 2026-188 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of September 2026. Executed this 1st day of September 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: BAA31D51-143B-8DA9-80E5-34CFE1A813A5