HomeMy WebLinkAbout2009/05/26 Item 9
CITY COUNCIL
AGENDA STATEMENT
~r'
:S ,It- CITY OF
. ~ - CHULA VISTA
/viA Y 26, 2009, Item~
ITEM TITLE:
CONSIDERA.TION OF PUBLIC TESTLMONY REG:\RDING
THE FORivfATION OF THE CHlJLA VISTA TOURISM
i:vl'\RKETING DISTRICT /ALV-
DEPUTY CITY MA,NAGE~DEVELOPMENT SERVICES
DIRECTOR =r
CITY MA1'iA ;::, .
4/5THS VOTE: 'YES D NO I X I
SUB!\iIITTED BY:
REVIEWED BY:
SUMMARY
The City of Chula Vista has historically provided annual fuIlding IO the Chula Vista Chamber of
Commerce (CVCC) for the operation of the Chula Vista Convention and Visitors Bureau
(CVCVE). As part of the budget reduction actions undertaken in Fiscal Years 2007/2008, City
funding for the Convention and Visitors Bureau was reduced a.l1d then elinlinated.
The CVCC and the CVeVB, working in concert with lodging and business owners and members of
t,f}e business community has prepared a plan for the formation of Chula Vista T o lli-i sm Marketing
District (CVThill) which will levy a self-assessment on motel and hotel rooms. The C"TMD will
create a source of funding for renewed operation of the Convention and Visitors Bureau and for
expanded promotion of tourism OpportuI'jties in the City.
1'1 accordance with Government Code section 54954, a public meetmg must be held to invite public
testimony regarding the formation of the CVThill
Ei'<vlRONiYIENTAl REVIEW
Tne Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of t,f}e CEQA Guidelines; therefore, pursua.l1t to
Section 15060 (c) (3) of the State CEQA Guidelines the activir;'" is not subject to CEQA. Thus,
no environmental review is necessary.
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RECONGv!:Ei'iDATION
Council hear the testimony.
BOARDS/COlVLvllSSION RECOMMEN1)A nON
Not applicable
DISCUSSION
The Property and Business Improvement Law of 1994, Streets and Highways Code S 36600 et
seq., authorizes cities to establish property and business i..,..nprovement districts for the purposes
of promoting tourism.
The Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors
Bureau (CVCVB) composed of lodging business o\Vners, members of the business community
and representatives from tt'1e City of Chula Vista have met to consider the formation of the Chula
Vista Tourism Marketing District (CVTMD). The purpose of CVTMD is to levy and collect
assessments on lodging businesses within the proposed CVTMD boundaries pursuant to the
Property and Business Improvement District Law of 1994.
The CVCC and the CVCVB has drafted a Management District Plan which sets forth the
proposed bounda.,j of the CVT?vID, a service plan and budget, and a proposed mea."S of
governance. The Management District Plan satisfies all requirements of Streets and Highways
Code S 36622
A majority of the lodging business o\Vners subject to assessment proposed in the Management
District Plan, that \Vill pay more than fifty (50) percent of the assessment have signed and
submitted petitions to the City Council in support of the formation and establishment of the
CVTNID
Business Improvement Distt-icts represent an innovative approach to business promotion and
service delivery. BIDs have traditionally been established by groups of local business and/or
property o\Vners to improve specific business areas through increased promotion, beautification
efforts, i.ncreased maintenance, special events and other activities determined by the local BID
board. Fundi."g for these activities is derived from assessments paid by the members of the BID.
Under the proposed CVTMD, an assessment of 2.5% will be levied on short-term gross room
rental revenues for lodging businesses. All existing lodging businesses in the City will be subject
to the assessment. New lodging businesses opecing subsequent to the formation of the CVTMD
will also be subj ect to the assessment.
Under applicable state law, the CVThID will have a five (5) year term unless renewed pursuant
to Streets and Highways Code 36660. Renewal ""ill require a return to City Council and will
follow the same procedures used to establish the origi."al CVT?vID. Any request for renewal at
that time would be reviewed under both the business promotion needs, and the general City
needs existing at the time of the renewal request.
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Toe CVTMD will have tllIee zones. Zone 1 shall include the area of Chula Vista east of
Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all areas west of
Interstate 5. Zone 3 shall be comprised solely of the Eastern Urban Center. In Zone 1, the
monies coUected from the special assessment will go to the CVCC, which will serve as the
CVTlvID Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected may be used
to fi~nd capital improvements or to provide revenues for debt serVIce if Council chooses to issue
capital infrastructure bonds for capital improvements, the remaining 0.5% \Nill go to Owners'
Association. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these
zones will go to the CVCC and be used in the same way as monies collected in Zone 1. If bonds
are issued, the assessment may continue to be levied until the maxim\L.'1l maturity of the bonds.
Assessments used to repay bond debt shall have a term of 30 years.
Annu21 assessment rates are 2.5% of gross short term (stays less than 31 days) room rental
revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the
area of Chula Vista east of Interstate 5 with t.'1e exception of the Eastern Urban Center. Zone 2
shall include all hotels and motels west of Interstate 5. Zone 3 shall include all horels and motels
in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west
Birch Road to the north, Eastl<L~e Parkway to the east and t.'1e future extension of Hunte Park"iay
to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, t.'1e monies collected from
the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the
2.5% collected will go towards capi,al improvements, and the remaining 0.5% will go to
Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2
<L'1d 3 may be used to repay a capital in..f:rastructure bond if Council chooses to issue bonds. Until
and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the
CVCC and used in the same way as monies collected in Zone I. Lodging business stays of 31
or more consecutive days shall not be assessed. Based on the benefit received, stays at R V parks
and campgrounds within the Boundaries of the CVTMD shall not be assessed.
The assessments levied for the CVTMD shall be applied toward the operation of the Chula Vista
Visitor's Information Center, sales promotion and marketing programs to market Chula Vista as
a tourist, meeting and event destination, and other capital improvements as set forth in Streets
and Highways Code Ij 36610. The assessments will also be used to fund 50% of a Graphic
Designer City staff position, which \Nill provide a continuation of support for marketing and
promotion programs for the CVCC and CVCVB. Funds remaining at the end of any year may be
used in subsequent years in which CVTlvID assessmems are levied as long as they are used
consistent with the requirements of this resolution.
On May 12, 2009 the Ciry Council took the first action reqUlred leading to the formation of the
CVTMD, declaring its intent to establish t.'1e district and levy t.'1e assessment, and establishing
the date and time for a public meeting and subsequent public hearing on the formation of t'te
CVTlvID. The adoption of the resolution on May 12,2009 established May 26, 2009 as the date
oft,':1e public meeting, and July 14, 2009 as the date of the public hefu-mg.
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MAY 12, 2009, Item-.L
Page 4 of 4
The purpose of the tonight's public meeting is to invite public testimony regarding the
formation of the CVTMD.
At the July 14, 2009 public hearing an Ordinance "ill be introduced that, upon adoption,
"ill allow for the formation of the CVTMD.
DECISION MAKER COl';"FLICT
StElJ.4' has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently, the 500-foot rule found in Califorrcia Code of
Regulations section 1 8704.2(a)(l) is not applicable to this decision.
CURRENT YEAR FISCAL l!vIPACT
There "ill be no fiscal impact to the City's General Fund as a result of this action.
ONGOmG FISCAL IMPACT
There will be no fiscal impact to the City's General Fund as a result of this action.
ATTACHMENTS
1. Chula Vista Tourism Marketing District, Marlagement District Plan
2. Chula Vista Tourism Marketing District - Petition
Prepared by: Denny Stone, Economic Development Officer, Development Services
9-4
ATTACHMENT 1
CHULA VISTA TOURISM MARKETll'TG
DISTRICT
NlANAGEfvIENT DISTRICT PLiLN
Submitted to the
Chula Vista Chamber of Commerce
And the
Chula Vista Convention and Visitors Bureau
April 28, 2009
by
Downtown Resources
o OtW,NToW",N
''i :;;,~' .':....~ ";".':,,_= iC,.<', ,,:;
9-5
CHULA VISTA TOURISM J\i1ARKETING DISTRICT
:MA1~AGEMENT DISTRICT PLA1~
T ABLE OF CONTENTS
I. INTRODUCTION Ac"lTI OVERVIEW ...........................................................................2
II. W1-lY A TOURISM ivV\RKETING DISTRlCT FOR CHULA VISTA?.......................4
ill. WHAT IS A TOURISM iv!AR..TZETING DISTRlCT~ ....................................................5
IV. CHULA VISTA TOlJRlSM MARKETING DISTRICT BOUNDARY ........................6
V. SERVICE PLA.!'-f Ac"lTI mJTIGET ..................................................................................7
'IT TOURlSM NL"u.TZERTING DISTRlCT GOVERL'-fAc'-fCE ............................................1 0
APPEl'mIX 1 - THE PROPERTY Ac'-fD BUSINESS IMPROVENlENT DISTRlCT LAW OF
1994.. ...... ....... ..... .... ...... ......... ............ ...... ............... ... ... ..... ................... ........1
1
APPENDIX 2 - LODGING BUSIf,iESSES TO BE ASSESSED \VITHIN CHULA VISTA
Thill.................. .......................................................................................................................21
Chula Vista Tourism Marketing District ManaglllllOn! District Plan
Page 1
I. Il'fTRODUCTION Ai""]) OVERVIEW
Developed by the Chula Vista Chamber of Co=erce (CVCC) and the Chula Vista Convention
and Visitors Bureau (CVCVB), th.e Chula Vista Tourism Marketing District (CVTiYfD) is a
benefit assessment district proposed to help fund marketing and sales promotion efforts for Chula
Vista lodging businesses, and to pay for capital infrastructure west of Highway 5 and "ithin Ll}e
Eastern Urban Center. This approach has been used successfully in other destination areas
throu::;hollt the country cO improve tourism and drive additional room nights.
Location:
The proposed CVTMD includes all lodging businesses located within the
boundaries of the city of Chula Vista.
Services: Mar:<eting and sales promotions to increase tourism and to market Chula Vista as
a tourist, meeting and event destination.
Budget: The total CVTiYfD budget for year one of its five (5) year operation is a base of
approximately $650,000.
Cost: Annual assessment rates are 2.5% of gross short term (stays less than 31 days)
room rental revenue on 10dg:LTlg businesses. The District shall have three zones.
Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception
of me Eastern Urban Center. Zone 2 shall i..c,clude all hotels and motels west of
Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban
Cemer. Tne Eastern Urban Center is bound by State Route 125 to the west, Birch
Road to the north, Eastlal<e Parkway to the east and the future extension of Hunte
Parbvay to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, Ll}e
monies collected from the special assessment will go to the Owners' Association.
hi Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital
improvements, and L'1e remaining 0.5% will go to OViIlers' Association. At the
Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be
used to repay a capital infrastrucrure bond if Council chooses to issue bonds.
Until and unless bonds are issued in Zones 2 and 3, any funds collected in these
zones wiJl go to the CVCC and used in the same way as monies collected in Zone
1. Lodging business stays of 31 or more consecutive days shall not be assessed.
Based on the benefit received, stays at R V parks and campgrounds "ithi.n the
Boundaries of the CVThID shall not be assessed. .
Formation: TiYID formation requires submittal of petiti.ons from lodging businesses
representing more than 50% of the total annual assessment follovied by a City
Council hearing and an opportunity for a written protest. The assessed lodging
business owners "ill receive notice of L'1e public hearing by mail. If L'1ere is a
maj ority written protest, the TiYfD win not be formed.
ChuJa Vista Tourism i\'farketing District Managthr~t District Plan
Page 2
Duration:
The proposed District CVTIvID will have a five-year life. The assessments used
to repay bond debt shall have a term of30 years. Tue CVThID assessment will be
implemented beginning July 15, 2009. Once per year there is a 30 day period in
which owners paying more than 50% of the assessment may protest and terminate
the district.
ChuJa Vista Tourism Marketing District Manag.Qm&t District Plan
Pag-e3
II. 'WHY A TOlJRISM ~L~TIi"fG mSTRlCT FOR CHULA VISTA?
Tnere are several reasons why now is The right time to form a Tourism Marketing Dismct in
Chula Vista; The most compelling re:;tsons are as follows:
1. The Need to Increase Occupancy
The formation of The CVThID is a Droactive effort to Drovide supplemental funding
.. ~. . -
beyond That provided by The Cirj of Chula Vista. Tne funding ensures the CVCC and The
CVCVB have adequate fmancing for The investment required to increase occupancy in The
lodging Ll1dustry and reach competitive in The conference segment of The tourism market.
Tue investment will cover an expanded marketing and promotional budget needed to
reach this market segment.
2.
An Opportunity for Increasing City TiLY Rl?Venues
.
.
As occupancy rates increase, so too ""ill the City's TOT revenue. WiTh stable
public/private funding for The cvce and The CVCVB, annual occupancy rates should
increase significantly as The new marketing and sales prommion programs are
implemented. Greater occupancy will also produce an increase in sales ta, revenues from
tourist spending. Tills represents a substantial rerum to The City. The formation of a
CVTiYID i..n partnership with the cvec and The CVCVB creates a stable funding source
tied directly to tourism promotion
3.
The Ability to Grow the Economy without Substantial Development
The CVCC and The CVCVB expect to achieve The above levels of revenue growth
""ithout a proportionate increase in the "footprint" of th.e tourism industry intrastructure.
Little or no development shouid be required to raise average occupancy rates. Any
development required to raise occupancy rates even more should be relatively minor in
scope compared to The existing facilities.
4. The Opportunity to Fund Infrastructure West of Highway 5 and within the Eastern
Urban Center
The CVTvID ""ill utilize 2% of the tmal gross revenues to repay a capital infrastrucrure
bond. Tnese bond monies will be used to construct needed improvements west of
Interstate 5 and within The Eastern Urban Center.
Chub Vista Tourism l'iIarketing District M:Inag.llma.t District Plan
Page 4
m. WliAT IS A TOURISM J\'L~TIN"G DISTRICT?
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the
market-based promotion of tourislI!- districts. Tourism Marketing Districts allow lodging and
tourism-related business owners to organize their efforts to increase tourism. Tourism-related
business owners within the district fund a Thill, and Lhose funds are used to provide services that
the businesses desire and that benefit the lodging businesses within the District.
Tourism Marketing District services may include, but are not limited to:
>- Operation of the Chula Vista Visitor Information Center
>- Marketing of the Area
>- Tourism Promotion Activities
>- Sales Lead Generation
>- Infrastructure Financing
In California, T olli-ism Marketing Districts are formed pursuant to the Property and Business
Improvement Dis-w.-ict Law of 1994 (FBID Law). This law allow for the creation of a special
benefit assessment district to raise funds within a specific geographic area. The key difference
berween Tlvills and orher special benefir assessment disrricrs is that funds raised are rerurned ,0
the Drivare non-Drof!t corD oration governing the district.
There are many benefits to Tourism Marketing Districts:
>- Funds cannot be diverted for other government programs;
>- Tourism Marketing Districts are customized to fit the needs of each tourism
district;
>- They allow for a wide range of services, including those listed above;
>- Tourism Marketing Districts are designed, created and governed by those who
will pay the assessment;
>- The statute requires petition support from lodgi"g businesses paying over 50% of
the annual proposed assessments;
>- They provide a stable fimding source for tourism promotion.
Tue Property and Business Improvement Disw.-ict Law of 1994 (AB 3754), as amended January I,
2009, is provided in AppendLx I of this document.
Chula Vista Tourism Marketing DistTiet Mana19"'~@: District Plan
P"J.g~ 5
IV. CHULA VISTA TN!]) BOUNDARY
The Chula Vista TiYlD will include all lodging businesses, existing and in the future, available
for public occupancy within the boundaries of the ciry of Chula Vista_
The boundary currenily includes 23 lodging business_ Please see the map below. A larger map is
available on request by calling (619) 420-6603.
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Chula Vista Tourism Marketing District "'Iana~ht District Plan
Page 6
SERViCE PLA..i'If AND BUDGET
A. Assessment
Tne Tourism Marketing District annual assessment rates are based upon 2.5% of gross shon term
(stays less than 31 days) room rental revenue per night for hotels or motels. Lodging business
stays of 31 or more consecutive days shall not be assessed. Based on benefits received, stays at
RV parks and campgrounds within the boundaries of the CVThID shall not be assessed.
Bonds may be issued.
Tue amount of assessment, if passed on to each transient, shall be separately stated from the
iL'110unt of rent charged and any other applicable taxes, and each transient shall receive a receipt
for payment from the business.
B. Determination of Special Benefit
State law provides that the expenses of the district shall be apportioned in proportion to the benefit
received by assessed businesses.
A special benefit is defined as a particular and distinct benefit over and above general benefits
conferred on the public at large. Conversely, a general benefit is a benefit to businesses in the
surrounding community or a benefit to the public in general resulting from tb.e improvement,
activity or service to be provided by the assessment levied. Many general benefits to the public at
large are conveyed by municipal services, such as fire protection, police services and public transit
services. These services are targeted to serve t..':te public at large and do not confer special benefits
on particular businesses.
The services in this Management District Plan are designed to provide targeted services to lodging
businesses. Tnese services are tailored not to serve the general public, but rather to serve the
specific lodging businesses within the District, e.g., the proposed activities are specifically targeted
to increase room nights for assessed lodging businesses within the boundaries of the District, and
are nan:owly tailored. Thill fimds .,viIl be used exclusively to benefit the assesses.
The activities paid for from assessment revenue are lodging business services creating special
benefit to those businesses. In addition, these activities are not for the benefit of the general public
and do not provide general benefit as defined above. All generalcenefits (if any) to the surrounding
community and general public are intangible and unquantifiable. It is appropriate that these special
ousiness-related benefits be fimded through business assessments.
C. Time and Manner for Collecting Assessments
The CVT!\Iill assessment .,vill be implemented beginning July 15,2009 and will continue for five
years. The assessments used to repay bond debt shall have a term of 30 years. The City of Chula
Chula Vista Tourism Marketing District ~1anagtmei2t District Plan
Page i
Vista will be responsible for collecting the assessment on a momhly basis (including any
delinquencies, penalties and interest) from each lodgi..ng business located in that the boundaries
of the Thill. Assessments shall be collected monthly 3Ild the City shall take all reasonable
efforts to collect the assessments from each lodging business. The City of Chula Vista shall
fOf\vard the assessments to the CVCC which \vill have the responsibility to mfu'lage the Thill
programs as provided in the Mmagement District Plm.
D. Servic2.Pl:m Budget and Programs to be Provided:
Service Plan Budget Summary- Calendar Years 2009-2014
The SUTIJ.illary of the calendar year 2009 (year one) service plan budget for the CVThill is
provided on the following pages. Tne total five year inlprovement and service plm budget is
projected at approxinlately $650,000 annually, or $3.25 million through 2014.
E. Annual Servic2 Plan:
A sen1ce plm budget has been developed to deliver service levels throughout the District. An
annual senice plan and budget will be developed md approved by the CVCC Board. Please see
the budget exhibit below. Tile budget also includes a portion for contingencies a.'l.d renewal of
the District. Should the evce Board approve, p.mds may be appropriated for the renewal effort.
If there are funds remaining at the end of the District term md lodging businesses choose to
renew, these remaining funds could be trmsferred to the renewed District. If to.ere are funds
remaining at the end of the District ma lodgi..ng businesses choose not to renew, my remaining
funds will be spent consistent with lllls P 1m.
Chula Vista Tourism ;:>!!arketing District Ma"a~milm District Plan
Page 8
Chula Vista Tourism Marketing District
. Annual Budget, Year One
Total Tourism District Budget
Chub Vista Tourism Marketing District Mana~iii~ih District Plan
Pag~ 9
V. BID GOVER1~A.l~CE
A. Chula Vista Tourism Marketing District COi}loration Govunall.ce
The CVCC will serve as the OViIlers' Association for the CVTMD. Tne CEO of the CVCC will
be charged "With the day-to-day operations of the Tourism Marketing District.
/
Chula Vista Tourism Marketing District Mana~mh!;1: District Plan
Pag~ 10
APPENDIX 1- THE PROPERTY A.l'ID BUSIJ.'ITESS IMPROVEwIENT
DISTRICT LAW OF 1994
STREETS &'<1) IDGHWAYS CODE
SECTION 36600 et seq.
As Amended January 1, 2009
Declarations
36600. Tills part shall be known and may be cited as the "Property and Business Improvement
Dismct Law of 1994."
36601. The Legislature finds and declares all of the following:
(a) Businesses loc3.ted and operating wir....1.lln the business districts of t.hjs sI:ate1s comrn.ururies are
economically disadvantaged, are underutilized, and are unable to attract C1lsmmers due to inadequate
facilities, services, and acnvities in the business dismcts.
(b) It is in the public interest to promore the economic revitalization and physical mainrenance of
the busmess districts of its cities ill order to cre3.re jobs, attract new businesses, and prevenr me
erosion of the business dismcts.
(c) Ir is of particular local benefit to allow cities to fund business related imlJrovemenrs,
mainrenance, and activities through the levy of assessmenrs upon the businesses or real prope",! r..l:tar
benefits from those improvemems.
(d) Assessmems levied for the purpose of providing improvements and promoting activities that
beneE.r real property or businesses are nor i:a..""{es for the general benent of a Clty, but are assessments
for the Improvements and activities which confer special benefits upon the real propeny or
businesses for which the improvements and activities are provided.
36602. The purpose of this part is to supplement prevlOusly enacted provisions of law that
aut..l,.otize cities to levv assessments within a business llnDrOVement area. TillS D~-r does not affect
, ..
or h..ITl..lI anv ocher provisions of law auiliorizing or orov1nlnCt for the furnishing or imnrovements or
J ,l. ----n ..... l.
actiVIties or the raising of revenue for these purposes.
36603. Nothing in this p"-, is imended (Q preempr the authority of a charter city to adopt
ordinances providing for a different method of levying assessments for similar or additional
purposes from those set forth in this part. A property and business improvement disccict created
pUISUanl: to t.b.s pan is expressly exempc from the provisions or the Special AssessmenL
Invesngation, Limitation and Majority Protest Act of 1931 (Division 4 (cornmencing Wlth Section
2800)).
36603.5. Any provision ill this p"-, that conilicts with any other provision of law shall pre'7ail ove::
the other proVlsion of law.
36604. Tills part is intended to be construed liberally and, if any provision is held illvalid, the
ren::aining provisions shall remain in full force and effect. Assessments levied under this pa.-1: are not
spec""-.l t"-'l:es.
Chula Yisu Tourism Marketing District Managtmeil: District Plan
Page 11
Definitions
36606, "Assessment" means a levy for the purpose of acquiring, constructing, installing, or
mainc:Un..ing improvementS and promoting activities which will benefit the propemes or businesses
located within a property 1t'ld business improvemem district.
36607. rtEusmess" means all types ofbuslnesses and includes n..'1anclal llsric..ltions and professions.
36608. II Ciryfl me:a.ns a ary, county, cry and county, or an agency or entity created pursuant to
Article 1 (commencing Wlth Section 6300) of Chaprer 5 of Division 7 ofTicle 1 of the Gove=em
Code, L'le public member agencies of which includes only cities, counties, or a city and county,
36609, "City council" me3.11S the city cound of a city or the board of supervisors of a COu.::lty, or the
agency, commission, or board created pursuant to a joini: pO'N-ers agreement and which is a city
within the meaning of this part.
36610. "Improvement!! means the acquiSItion, constrUction, installacion, or marntenance of any
=gible property ",-ith an estL..."'l.3.red useful life of five years or more illcluding, but not li.i:nited to, the
follo",-ing'
(a) Park1ng facilities.
(h) Benches, booths, kiosks, display cases, pedestrian shelters and signs,
(c) Trash receptacles and public restrooms.
( ') T. ' . , f '1'
e! Llgncng and. nean..."lg aCI...:..ines.
(e) Decorations.
(t) Parks.
(g) Fountains.
(n) Planting areas.
(i) Closing, opening, widening, or na....-::ow-mg of exiscing streets.
G) Facilities or equipment, or both, to enhance security of persons and property ",-ithin thearea.
(K) R2mps, sidewalks, plazas, and pedestrian malls.
(1) Rehabilitation or removal of exisnng structures.
o ~6' "P db" di . " "di ' " db'
,,)0 .!. 1. roperry an us.mess unprovement Sttlct, or st::!.Ct, means a propercy all USl...T1eSS
improvement district established pursuant to this part.
36612. Irproperty" means real property situated 'N-ithin a district.
36613. I'..'\ctivities" means, but is not limited (0, all of the followmg:
(,) Promotion of public events which be:J.eEt businesses or real property in the district.
(b) Fu..rnishing or music in any public place WIthin me disllct.
(c) Promotion of tourism WIthin L'le cliSllCt.
(ci) iv'fa..r.k.ering and eCOIlormc developme:J.r, including retail retennon and recr:.:irme!lt.
(e) Providing security, sarutation, graffiu removal, street and sidewalk cleaning, and orner municipal
se=vices supplemental to those no=ally provided oy the murucipility.
(f) ActiVIties whtch benefit businesses and real property loca(ed in the disillct.
36614. "j'ylanagemem cistrict plan" or "plan" means a proposal as deEned ;~ Section 36622.
Chula Vista Tourism Marketing District Mana~en1eht District Plan
Page 12
36614..3. llOw:::ersl associarion" rr:e3.llS a private nonprofit enrity that is undet contract with a citv to
admimster or implement acnvities and improvements specified in the management district plan.' An
owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. ,An
owners' assoelation is a private entity and may not be considered a public entity for any purpose, nor
may its board members or staff be cOJlsidered to be public officials for any purpose.
Norwiths=ding ,,'lis section, an owners' associarion shall comply with the Ralph M. Brown Act
(Chapter 9 (co=encing Wlth Section 54950) of Part 1 of Division 2 ofTicle 5 of the Gove=ent
Code), 3.t ill omes when marLe::s wi7~1r. the subject marrer of tbe district axe heard, discussed, or
deliberated, and with the California Publ1c Records Act (Chapter 3.5 (co=encing with Section
6250) of Di'nsion 7 of Title 1 of the Gove=em Code), for all documems relating to activities of
che disttic:.
'661' "00 """ . th fland th la
~ :I. 1: roperry owner or owner means any person shown as. e owner 0 on test
equalized assessment roll or otherwise known to be the owner of land by the city council. The city
council has no obligation co obt::un other informanon as to me ownership of land, and its
determinacion of ownership shall be final and conclusive for the purposes of this part. Wherever
t.tus subcivlsion reqwres the 51gnattire of the property OVit-ner, the s~---3.ture of the authorized age!J.t
of the property owner shall be sufficient.
36616. lIT enanII! means an oCC'l.lpanI pmsuant to a lease of commercial space or a dwelling unit,
oilier than an owner.
Prior Law
36617. This pa...-r: Drovides an alternacive r:wethod of financ...ng cenain improvements and activities.
- ,
Tne proVlslons of ch1s p= shall not affec, or limit any other provisions of law aut..l:lOrizing or
providing for ,the fumishing of improvements or acnvities or the r3lSillg of revenue for these
pth-poses. Every rrnprove:JJ.e:J.t ::uea esrablished pursuan! La the Pa.r.k:i..ng and Business Improvement
"-\.rea Law of 1989 (P= 6 (commencing ",-iili Secnon 36500) of this division) is valid and effective
and is unaffected by r1::us parr.
Establishment
36620. _~ pro perry :lud DUSiIless iwprove:'!lent dismct may be established as provided in this
chapter.
36620.5. ~\ counr:r may noe for::n a diSt::1CI within me temtorial jurisdiction of a city WlmOUt the
consent of t..~e ory council of that city. A CIty may not form a district within the llnmcorpo!3.ted
cerirory Or:l counry W160ut ;:he consent or che board of 5upemsors of that county. _A. C1IY may not
form a distict ,,-irhin the temtonal junsdiction of another ciDj witb.out the consent of the CWj
council or the OL~e: ciry.
36621. (a) Upon the submission of 3. w!J.tte!J.. petition, signed by the property or busmess owners in
the proposed disttict who will pay more than 30 percent or the assessments proposed to be levied,
the ory council may i.ru:o.3.Ie proceedings to form a district by the adoption of a resolution expressing
its !lltennon to fo~ a dismcL The amOUllr or assessment att:cibutable to property or a business
owned by t.Se same properry or business owner that is in excess of 40 perce:::rt of the amount of all
elml" 'list:>. TDurism Mark,ting District Man,,!jemeit District Plan
Page 13
assessmems proposed to be levied, shill not be mcluded in det~rrnming whether the pention is
signed by property or busmess owne=s wno wiJl pay more ilian 50 percent of the total.amount of
assessmems proposed to be levied. (b) The perition of property or busmess owners required under
subdivision (3.) shall include 3. 511mm~-r::T or me management district plan. That summary shall
mclude all of the followi..ng:
(1) A map showing me boundaries ot the distric:.
(2) Inio=ation speclf..ng where the complere managemem district plan can be obrained.
(3) Info=auon specifying that the complere management dist:1cr plan shill be fw:nished upon
request. (c) The resolution of mrention descr'.bed in subdivislOn (a) shall contain all of the folloWlllg:
(1) A bnei descriprion of ;-he proposed 3.CiVlTIeS ar;.d lmproVemerrEs, the amount: of the proposed
assessment, a st3.tement as co whether the assessmenr will be levied on property" or businesses within
the district, a sb.te::.nent as to wpether bonds will be lssued, and a descnpnon of the extenor
boundaries or the proposed asc::ct. The descriprions and s~te::::ne:J.ts do not need to be derailed 3.Iid
shill be suf:Eicent if mey enable an owner to generally idenufy me nature and e:crem of the
lID.provements and acnviries and the loc.:J.tlon ::uJ.d e:rrent or the oroposed district.
. ,
(2) A rime wci place ror :l pubuc he3..ring on the eS"L:lblisD..r::;.enr or lie properry and business
improvet::lent district and the levy of assessments, which shall be consis1:em ",-i.th the requirements of
Secnon 36623.
36622. T'le management district plan shall contain all of me following:
(a) l\. map or U.~e dist:ict in sufficient detail co locate e~c: parcel of propeITJ and, if businesses are to
be assessed, each business ~-itb.i.n the dis~ct.
(b) The name of t.':te proposed district.
(c) A descriptioIl of the boundaries of the dis~ct, including fhe bOU1J.daries or be:1eht zones,
proposed for esrablishmem or exteuslOn in a manner suf:C.cenr co identify me affecred lands and
businesses included. The oounda.nes of a proposed properry assessn:ent distnct shall not overlap
Wlth the boundaries of anot.~e:: existi.ng prope:ty assessment dlsmcr c:eateci pursuant to this pa...-r.
rnis part does nO{ prohibit the boundaries of a distnct Geared pursuant co wis part co overlap -with
orner assessment districts esrablished pursuanr to oGer provisions of law, mcluding, but not limited
co, the Parmg and Busmess Improve:ne:n _\.rea Law of 1989 (par: 6 (co""~en=g WIth Section
36500)). Tills p= does not prohiblr the boundaries of a business assessment distnct created
pursuant to this pa..:..-r to ove.:hp 'with ::mother business assessmenl illst::ict created pu.rsuant to this
part. Tills part does not prohibu the boundaries of a busmess assessment district c:eated pursuant to
this part (0 ove:clap \-vith a property assessmen( 6smct created purSl..:3.llt to this part.
(d) The improvements a::lci acnvrties proposed for e3.c..~ yen of ope::arion or the district and the
ffia...-n.--num COS1: mereof.
(e) The total annual amount proposed to be expended for improvements, mai.'1tenance and
oDeranOIJ.s, and Gebt service !1J. ead:. ve:.u: of opera::.on of me dist:lcr.
. .
(f) The proposed source or sources or' 5.nancing~ including che proposed method and basis of
leVYing the assessmenr in sufficient derm to allow each p!ODe~j or business owner to calculate the
, ~ .
amOW1i: of the assessment ;:0 be leVled againsi: his or he:: propeny or business. The plan also shall
state whemer bonds will be Lssued (0 finance .unprovemenrs.
(g) Tne bIDe and manner or coilecnng me assessments.
(h) Toe spea..fic mJ.m.be:: of ye::us :.n whic~ assessme:lIS wJl be le"n.ed. In a new cllsmCt, me ma..'D.ffiUffi
number ofvears shall be five. Upon renewal, a dismct shall have a term not 10 e.'l:ceed 10'vears.
, ;
Notw-iths!anding these lllmt:J.TIons, 1. disc:icr Geated pursuant [0 this part to finance capital
improvements with bones may le'ry assessments until the ~"1:cim1.J.IiJ. matllnry of L~e bonds. Tne
management distncr plan may set for..h spedJ.c mc::eases in assessments ror each year of operation
of the dis~ct.
Chula Vista Tourism Mar:<Gring Dis-rr.ct ManagQma:a District Plan
Page 14
(i) The proposed time for impl=ent:1non and complenon of the manag=ent dismct plan.
G) Any proposed rules and regulations to be applicable to the district.
(k) A list of the propercies or businesses to be assessed, including the assessor's parcel numbers for
properties to be assessed, and a statement of the method or methods by wruch the expenses of a
ills mct will be imposed upon benented reai property or businesses, ill prop oman to the benent
received by the property or business, 10 defray the cost thereof, including operation and
maintenance. The plan may provide that all or any class or caIegory of reai prope..'"'1 which is ex=ot
by law from reai property ta:<anon may neverilleless be included Wlthin the boundaries of the distri'c:
but shill not be subject to assessmem on reai property.
0) Any other iTem or maner reqUlIed 1:0 be incorporated mer:e.m by the city council.
36623.(a) If a city council proposes to levy a new or increased property assessment, the nonce and
protest and hearing procedure shill comply with Section 33733 of L.".e Gove=em Code.
(b) If a city council proposes to levy a new or increased business assessmem, the nonce and pIotest
a.[ld hearing ptocedure shall comply with Secnon 34954.6 of the Gove=em Code, except that
notice shall be mailed 1:0 the owne=s or the businesses proposed LO be assessed. _r\. prates-t may be
made Otally or ill wtiting by any intOIested pOIson. Every wntten protest shail be filed with 'the clerk
at Ot befote the time ii.1:ed for the public hearing. The city council may waive any irregularity in the
form or content of any wnnen p!oresr. A wnu:en pIOCeS! may be Wlilidra'~'iln ill. wrinng ar. any a.me
befote the conclusion of the public hearing. Each vn:itten protest shall comain a descripTIon of the
business in which me person subscribing me prOi.:esr is inreresIed sufficeD! (0 idenlli.-7 che business
and, if a person subscribing is not shewn on che official records of me city as t.b.e owner of the
business, the protest shail contain or be accompanied by written evidence that the pe:rson
subscribing is the owner of the business. .l.-\. "","nrren protest which does nor cO.GlIJly with this seCTIon
shall not be counted in detennining a majority protest. If written protests axe received cram the
owners of businesses in the proposed district which will pay 30 percent or more of the assessments
proposed to be Ie-vied and pro rests a=e not ~--imdraw-n so as to reduce ::he prores;:s to less t.~an SO
percent, no further proceedings to levy the proposed assessmem agamst such businesses, as
contained in L.".e resolunon of intennon, shill be taken fot a pe:J.od of one year from the date of ::he
finding of a majority protest by the ary coune..l.
36624. At the conclusion of the public hearing to establish the dist:J.ct, the CD council may adopt,
revise, change, reduce, or modify the proposed assessment or the type or rypes of improvemenrs
and aCTIvities to be funded w-ith the teve1lues from the assessments.
Ptoposed assessments may only be teV1sed by tedu=g any OI all of them. At ,l,e public heo'""g, the
city council may only make changes in, to, or from me boundaries or me proposed property a.r:.d
business improvement district that will exclude territory that will not benent from the proposed
imorove::rrents or acn:vi.nes. Any modificaTIons, re~.slo:QS, reducr::.ons, or changes to cb.e Droposed
J.. . ....
assessment msmct shall be reileCLeci 1Il the notice and map recorded puzsuant l:0 Secnon 36627.
36623. (a) If the cty council, following the public hearing, decides to establish the proposed
propeny and business improvement dist::!.ct, che city council shall adopt a resolUTIon of formation
that shail contain all of the folloW'.ug:
(1) A brief desc=pnon of the proposed activities and unprovecents, the amount of the proposed
assessment, a statement as to whether ilie assessment wJl be leVi.ed on orooertv or businesses v;..-ithin
J. ~ .
the district, a statement about whether bonds will be issued, and a descnpnon of the ex"tetor
boundaries of the proposed dismc:. Tne descripcions and SL3.teme-::1rs do nor need co De dern.iled and
shill be suffioem if they enable an owner to generally identify the natUIe and extem at the
improvements and activities and the loc3.tJ.oQ and extent of the proposed disw:ic:.
Chula Vista Tourism Marketing District Managllm2,u District Plan
P:lg-e 15
(2) The n=ber, rune of adoption, and title of the resolution of inte:1tion.
(3) The time and place where the public hearing was held conceming 1:..':1e establishmem of the
district.
(4) A detennination regarding any protests received. The city shill not establish the dismct or levy
assessme:c.ts if a majoriry protest was :received.
(5) A statement that the properties of businesses in the dismcr established by the resoiunon shill be
subject to any amendments to this pa-T!.
(6) A statement that the improve:::nenrs and aCTIvities to be provided in the ciist::ict wJl be rG1lc.ed by
the levy of the assessments. The revenue trom the levy of assessments ""thin a clisrric: shill not be
used to provide Improvements or acuvicies outside the distnct or for any purpose other than me
purposes specmeci in the resolurio~ or intenrion, as modified by me city council at me ne:lE..1lg
conceming establishment of the district.
(7) A finding t.J.,at the property or busmesses within the area of the property and business
improvement district will be benefited by the improvements and aCUV1ues Smcied by the
assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation
of the notice and wap pursuant to Section 36627 shill constitute the levy of an assessment in each
of the fiscal years referred co in the management disrrict plan.
(
36626. If the city council, following the public hearing, desires to establish the proposed property
and business improvemenr dist=':.ct, and the city council has not made changes pursuant to SecTIon
36624, or has made changes that do not substantially change the proposed assessmem, the city
cound shill adopt 1 resolution establishing the disrricL The resolution shill contain all of the
information specified in paragraphs (1) to (8), inclusive, oE subdivision (b) of
Section 36625, but need nOI contain information about the preliminary resolution if none has been
adopted.
36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or
36626, the de.r.k of t.1:.e cry shall record a not.ce and an assessrnenl: diagram pursuaur to Seenoil
3114. If the assessme:J.I is levied on businesses, the text of the recorded notice shill be mod.i5.ed LO
reflect that the assessment \.'Vw be levied on businesses, or speci:5.ed categories of businesses, w"'1tb..in
me 3J:ea of ilie dismct. No orner proviSion or Division 4.5 (comrnenci.:.~g \;V-ith Secilon 3100) applies
to an assessment d.J.smct ceared pursuant to tb..is pan.
36628. r2e city cDune:J. :=:.ay est.1blish one or 20re separare benefit zones w-:t.h.i.rJ. the district basee.
upon the degree of benefit derived from the improvements or aCiJ.vl.nes' to be provided WIthin the
benefit zone and may iwpose a different assessment within each benefit zone.
If me assessment 15 to be le-viec. on businesses, the CItv cormc:il may also de Ene cateZOI:ies or
. . ~
businesses based upon t..~e degree of benefit that each will deriv~ from the improvements or
activities to be prov1~ded WIthin the district and may impose a different assessment or r:lIe of
a3sessment or::. eacb. c3.tegory of busllless, or on eaC2 c3.tegory of business '\N-1.t.:.Llln each zone.
36628.5. The city council n:.ay levy assessme:J.ts on businesses or on property owners~ or a
combin:1D.on of 6e r"''''o, DillS1.lant to tbs O'll:. The city council shall S1J.-ucru.::e the assessments in
, ,
whatever manner it decerrnines corresponds with the distribUTIon of benefits from the proposed
improvements and actiVIties.
36629. All proVisions of this part applicable to the establisr=ent, wodilicaClon, or disestablishment
of a property and business iwprovement dismct apply to the esrablishme::!t, modilicanon, or
disestablishmen'L ofbenent zones or categor.es of busir:ess. The cry council sh~ 'LO est:lblish,
ChuJa Vista Tourism Marketing District Mana~mHt District Plan
P:lg~ 16
modify, or disestablish a benefit zone or category of business, follow the procedure to establish,
modi.."y, or disestablish a parking and business improvement area.
36630. If a property and business improvement district expires due to the time lli-nit set pursuant to
subdivision (h) of Section 36622, a ne)'" management district phln may be created and a new disw..:ct
established pursuant to this parr.
Assessments
36631. The collection of the assessments levied pursuam to this part shall be made at the time and
in the manner set forill by the city council in the resolution est3.blishing the management ciistriCI
plan described 1Il Section 36622. Assessments levied on real property may be collected at the same
time and in the same manner as for the ad valorem property t...,<, and may provide for the same lien
priority and penalties for delinquent payment. All delinquent paymems for assessments leVled
pursuant to this part shall be charged interest and penalties.
36632. (a) Tne assessments levied on real property pursuant to this part shall be levied on the basis
of the estimated benefit to the real property ,,-ithin the property and business improvement district.
The city council may classify propertles for pu..-poses of determining 6e benefit to property of the
improvements and acnvities provided pursuant to this part. (b) Assessments levied on businesses
pursuant to this part shall be levied on 1:..1.e baslS of the estimated benefit to the businesses within the
property and business =provement district. The city council may chssify businesses for pu...-poses
of determining the benefit to the businesses of the improvements and actlvities provided pursuant
to this parr. (c) Properties zoned solely for residential use, or that are zoned for agcicultural use, are
conclUSIvely presumed not [0 benefit from the improvements and sen'i.ce funded th:ough mese
assessments, and shall not be subject to any assessmenI pursuanr: to thJ.s part.
36633. The validity or an assessment levied under this part shall not be contested in any aCTIon or
proceeding unless the action or proceeding is commenced within 30 days after the resolution levYlIlg
the assessment is adopted pursuanr to Section 36626. Any appeal from a final judgment in an actioa
or proceeding shall be perfected within 30 days after the entry of judgment.
36634. The city council may execute baseline service contracts thar would establish levels of city
services that would continue after a property and business improvement district has been formed.
36635. Tne oVloersl association may, at any time, request that the Clry council modify the
management chstrict phln. A.ny modification of the management district phln shall be made
PW:SU3.2t LO 1'"h;S chapter.
36636. (a) Upon the written request of the owners' associacion, the city council =y modify the
management dist:ict plan aITer conducMf1g OIle ~ublic hearing on the proposed modiEicarions. Tb.e
cirv council mav moc1i.Dy the imurovements and activities to be funded with the revenue de.r:i:ved
, , ,
from the levy of the assessments by adopting a resolution deterri11111'1g to make the modi.fic~tions
aner holding a E=lUblic hearing on the proposed modifications. If t1::.e modification includes the levy
of a new or increased assessment, the CIty council shall comply with Section 36623. Notice of all
other public meetings and public hearings pursuant to this section shall comply with both of the
following
(1) Tne resolution of intention shall be published in a newspaper of general circulation 1Il the city
once at least seven days before the public meeting.
ChuJa Vista Tourism Marketing District Mana~lIt District Plan
Page 17
(2) A comple:e copy of the resolurion of intenrion shall be mailed by fust class mail, at least 10 days
before the public meeting, to each business owner or property owner affected by the proposed
mo6f!carion. (b) The cary council shall adopt a resolurion of intenrion which states the proposed
modilicarion pnor to the public hearing required by this secrion. The public hearing shall be held
noc more than 90 days after the adoption of the resolurion of intention.
3663,. Any subsequent modilication of the resolurion shall be reflected in subsequent notices and
maps recorc.ed ?illSU21J.t to DiviSIon 4.5 (coffi.:.--:::lencing w-ith SecTIon 3100), 1.0 a manner consistent
Wlth the provisIons of Secrion 36627.
Financing
36640. (a) The cty council may, by resoluDon, detenni:le and declare that bonds shall be issued Co
finance the estimated cost of SOI:le Ot all of the proposed improvements described in the tesolution
of formanoa ~dopted pU!su~t to Section 36625, if me resolution of formaton adopted pursuant co
thac secrion provides for the issuance of bonds, under the Improvement Bond Act of1915 (Divi.sion
10 (co=en=g Wlrh Swoon 8500)) or in conJuncrion ",-i.rh Marks-Roos Local Bond Pooling Act of
1985 (A.rcicle 4 (co=encing Wlrh Secrion 6584) of Chapter 5 of Division 7 of Ticle 1 ofL':!e
Gove=ent Code). E.J.ther act, as rhe case may be, shall govern L'::e proceedings rdaring to rhe
issuance of bonds, alrhough proceedings under the Bond Act of 1915 may be modified by the ciry
council as necessa.....y to accommodate assessments leVled upon busl1J.ess pursuant to, this part. (b)
The resoluGon adopced pu=suam CO subdivision (a) shall generally describe the proposed
improvements specafied in the resolution of formarion adopced pursuant to Section 36625, set forth
the esci.rn.ai:ed cost of those i.mDIovements, speci..ryr r.he numoer of annual instqllr.:enrs and LlJ.e Escal
c _
years during which they are to be collected. The amount of debt service to retire the bonds shall nm
exceed the 'l..TTIOU!lL: of revenue es1:i.rpated to be raised from assessmeUlS over 30 years. (c)
~~Otwl.thST:mding any other provision or this part, assessments levied to pay the pcino.pal and l1lter~st
on an,- bond issued pursuant to this secrion shall not be reduced or tecrninated if doing so would
interfere w-ith the amely retirement of the debt.
Governance
36650. (a) The owners' association shall cause to be prepared a report for each fiscal year, except
the fust year, for which assessments are co be levied and collected to pay the COStS of the
improve::nents and acuvrcies described in the report. The owners' assaciatJ.onTs IDst report shall be
due arter the fust ve:u or operation of the ciismcr. The renort mav prooose changes, incluciin.z, bu;:
, J.. '... '-
not limited. (0) the boundaies of the propeny and business lmprovement district or any benefit
zones w"l.tbin ille dist.:ic; ::he basis and method of levTillg ~~e assessments, and any ch::mges in the
classIncationof property, 11lduding any cacegones of business, tf a classincation is used. (b) The
repore shall be 5led w'lm cb.e cler.k and shall :efer to the property and business i.mprovemen~ district
by name, specL~T the fiscal year co which the report a~plies, and, wlth respect to u.1.at fiscal yeu, shall
conTain all of me followmg informacion:
(1) __\ny proposed changes in the bOLUlcimes of che property and business i.o.provement chs~c;: or ill
any benen, zones or classllcauon of property or busl1lesses ",-i.th.in the dismct.
(2) The improvements anc:i aCu:viries to be provided for that fiscal yeaz.
(3) "\.n eSUmate of the cost of providing rhe improvements and the activiries for that fiscal year.
(4) The method and baSIS of levf.ng the assessment in sufficient detail to allow each real property or
busmess owne:::, as appropriate) (0 estimate the at:iJ.ount of the assessment to be levied aga.ir!.st his or
her properry or busl1less for that fiscal year.
Chub Vista Tourism Marketing District i'rIana~at District Plan
Page 18
(.S) T.o.e amounT of any surplus or defier revenues to be c~"""";ed OYeJ: from a previous fiscal year.
(6) ree amoum of a,"y contributions to be made from sources other than assessments levied
pursuant to this pa..rr. (c) The cirr council =y approve the report as @ed by the owners' association
or may modify any pa..-ucuhr cont=ed in the repon: and approve it as modified. Any modincation
shall be made pursuant to Secrioas 36.6.35 and 366.36. The ciry council shall not approve a change in
me basis and method of levymg assessments that would impair an authorized or executed contract
to be pa1d trom oe revenues derived from the levy of assessments, including any commit:nent to
pay pnncpal and interest on any bonds issued on behalf of me dis;:nc;:.
36651. The m.~agemenI dis-c::cr phn ITlaYl but is not required to, stare that a..a.~ owners' assoc:i.ao.on
w'Jl proV1de the improvemems or activines described in the management district pian. If the
manage:::::.e12t mst::1ct plan deSignates an owners' associanon, me cicy shall contract: w~ili the
deSIgnated nonprofit corporanon i:0 proVlde sernces.
Renewal
36660. \f a) ,,,,"'17 dis;:nct preV10Llsly esublished whose te= has exorred, may be renewed by follow-h1<>
, ~ , ....', i:;l
the procedures for establishment as ?rovided in t:ills chapter. (b) Upon renewal, any remaining
revent:es derivec. from the leY7 or assessr:::eni:S, or any revenues derived !rom the sale of asset3
acquired wi6 the reyenues, shall be cansferred to me renewed distnct. If me renewed district
mcludes addiuo1J.al paIceis or businesses !lot included in the prior dismct, the remaining revenues
shall be spe:1r to benebt only the parcels or businesses in me prior district. If the renewed district
does not include parcels or businesses included in the prior distnct, me remaining reyenues
arcibutable to mese parcels shall be rerunded co the ov.tne=s of these parcels or businesses. (c) Upon
renewaL a district shall rur.re a cer::::l n.ot 'La exceed 10 yearsl Ot, if the district is authorized to issue
bonds, unci the .:L::l:Gmum. mam.riry of illose bonds. T.o.e!~ 15 no requirement that the boundaries,
assessments, i.m.prove.::nents, or aCTIV1UeS or 3. rene"'~led ciistnct be the same as me original or pnor
distnc!.
Disestablisrunent
36670. (:1) _'-\.ny 6.su::.c! eSLablished or e:{t.~n2.ed pursuant: 'La the provisions of c}1is pll1:, where there is
no llldebtednes3, outstanding w.d ull?a.td, incurred to accomplish any of me purposes of me district,
ma~'/. be ciisest:lblished bv resolunon b'7 the ClI7 council ;n eir...~er or the followmg CD:cumsta...T1ces:
I ,.,
(1) If the city cound Ends there has been lUlsappropriation of funds, malfeasance, or a violation of
law !.ll conneCTIon w-i.th the rnanagemen:t: of the district, it shall norice a hearing on ciisesrablishment.
(2) D'mng 6e operation of the cllStIlG, mere shall be a 30-da:! period each year ill which assesses
may requeST disestablishmenr of the clismct. Tne firSt such period shall beg.n one yea: after the dare
o! establishment of che cllSillCi: ane. :3l:ail connnue for 30 days. The next SUCD. 3D-day period shall
beg..n NO ye:lIs aIte!: the d::u:e or U.~e est3.blishment of the district. Each successr,re year of operation
or the dismcr shall have such a 30-ciay pe.::.od. Upon the wnrren pec.non or the owners of real
property or of bUSlllesses in the area who pay 50 percent or more of the assessments levied, me city
council shall pass a resolUTIon of inrennon to disesublish the dismc'L. The ClLY cou..qcil shall nonce a
hearing on diseSTablishment. (a) The ary council shall adopt a resolunon of intention to disestablish
the district prior 'LO the public he:.u:ng reqw.red by t:.l:Us section. The resolution shall state the reason
for the ciisesi:3.blishrne::E.., shall stare ilie urne and phce or~ the public hearing; and shall conuin a
?roposal to dispose of any assets acqmred WIth the revenues of the assessments levied withrn the
property 3..I::.d business improve2e:J.t ciisLnct. Tne nOTIce of the hearing on disesrablishment requrred
by t.h1s secTion shill be ~sen by mail (Q the property owner of each parcel or to the owner of each
ChuJa Visu Tourism i'Yiark"nng District Mana~lh District Plan
Page 19
business subjecc co assessment ill the discict, as appropriate. Tne city shall conduct the public
he2..rino- not less mm 30 dayS afte: mai1.i.:J.g me noric~ [0 be crope...-rv or ous:i:c.ess owne.::s. The public
o J -'- . I
hearin<> shall be held not more th:111 60 davs arrer che adopuon of che resoktion of intention.
~ "
36671. (aJ Upon the disesnblishment of a district, any remaining revenues, arrer all outstanding
debts are paid~ deny-ed from the lery of asseSSI:lenr5, or derived from the sale of assets acqui:ed with
the revenues, or from bond reserve or construCTIon 6=ds, shall be reEullded to the owners of be
property or busmesses men located and ope::J.tng W'"":."fh1Tl ;he disL:J.ci: ill whrch assessmenrs we:e
levied by applying the s=e mew.'-lod and basis that was used to calculate the assessments levied in
the fiscal year .in which U.~e dis~ct is msesrabhsned. ~'\ll QUISL:UlciIlg assessn:eU"c revenue collected
aner disestablishmerrr shall be SDent on unprovemenrs and actiVltleS snecJied in cl:e mana.zement
l. ~ J. '-'
dismct plan. (D) If L.~e cUsesrablishmem: QCCUIS berore an assessmenr is lev-i.ed for the fiscal year, the
memod and basis that was used to calculate the assessments levied in L~e immeCiate prior fiscal year
shall be used to calcu.hte the a.::iJ.ount: or any ref~d.
Cbula "ista Tourism Marketing Distric! iYIana~",2:IiX District Plan
Page 20
APPEJ'li1)IX 2 - LODGING BUSTh~SSES TO BE ASSESSED W llllL.'{ THE
CVThID:
Bes! Western Chula Vista La Quinta Inn Harborview
Inn 150 Bonica Road 1089 Broadway
946 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910
Chu1a Vista, CA 91911 (619) 691-1211 (619) 422-2967
(619) 691-6868
Ramada Inn }ljghway Inn
Best Western South Bay 91 Bonita Road 70 Broad\vay
Inn Chula Vista, CA 91910 Chula Vista, CA 91910
710EStreet (619) 425-9999 (619) 691-8118
Chu1a Vista, CA 91910
(619) 420-5183 Travel Inn Motel 6
394 Broadway 745 E Screet
Big 7 Motel Chula Vista, CA 91910 Chula Vista, CA 91910
333 Broad"way (619) 420-6600 (619) 422-4200
Chula Vista, CA 91910
(619) 422-9278 Avon Palomar Inn
99 Broadway 801 Palomar Stree!
Days Inn Chula Vista, CA 91910 Chula Vista, CA 91910
699 E Street (619) 422-6002 (619) 423-9170
Chula Vista, CA 91910
(619) 585-1999 Bay Cities Motel Palomar Motel
846 Broad"vay 1160 Walnut Avenue
E1 PriHlero Botique Hotel Chula Vista, CA 91911 Cnula Vis!a, CA 91911
416 Third Avenue (619) 420-2951 (619) 575-2944
Chula Vista, CA 91910
(619) 425-4486 Comfort Inn & Suites Riviera Motel
632 E Street 372 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910
Good Nite Inn (619) 476-8635 (619) 422.-1987
225 Bay Boulevard
Chula Vista, CA 91910 Early California Travel Inn & Suites
(619) 425-8200 692 H Street 23 5 yV oodlawn A venue
Chula Vista, CA 91910 Chula Vista, CA 91910
Holiday Trill Express (619) 425-3862 (619) 427-9170
4450 Main Street
Chula Vista, CA 91911 Farmhouse Motel Vagabond Inn
(619) 422-2600 523 Arnita Street 230 Broadway
Chula Vista, CA 91910 Chula Vista, CA 91910
(619) 422-5568 (619) 422-8305
Chula Vista Tourism Marketing District Mana~ltt District Plan
Pag-e 21
ATTACHMENT 2
PETITION TO THE CITY OF CHlJLA VISTA
TO CREATE A TOURlSM lYHRKETING DISTRICT
We petition you to initiate special assessment proceedings to create a Tourism Marketing
District (TvID) in accordance with the Property and Business Improvement Disuict Law
of 199", Streets and Hig...'1ways Code Section 36600 et seq., for the purpose of
underta.ld.ng and i..rnplementing the TMD as described in t.'le attached summary of the
i'vlanagement District Plan aTtached hereto as Exhibit A.
Lodging Establishment
Business Owner
i
,
Owner Representative/Owner Name (prim:ed)
Owner/Representati ve Signature Date
9-27
Exhibit A
SummarY of the Management District Plan
Tne Management District Plan provides ror the provision or sales promotions and marketing:
programs for the Chula Vista area, and to pay ror capitol irJ'rastructure west of Hig:hwav j and
within the Eastern Urban Center. The Chula Vista Tourism Marketing District (CVTIvoJ) shall
be established ror j years and ",ill ralse approximately $6jO,000 per year in assessments. The
assessmems used to pay bond debt shall have a term of 3 0 years.
The boundaries or the CVTIvill will be the city limits of Chula Vista. The CVTrvill will only
include notels and motels. \Vithin the boundaries or the CVTIvill there shall be t'lIee zones.
Zone I shall include the area or Chula Vista east or Interstate j with the exception or the Eastem
Urban Center. Zone 2 shall include all hotels fu"1d motels west of 1"1terstate j. Zone 3 shall
include all hotels ,md motels in the Eastern Urban Center. Tne Eastern Urban Center is bound by
Stale Route 12j to the west, Birch Road to the norch, Eastla.i<e Parkway to the east and the furore
e:nenSlOn or Hunte Parbvay to the south. Bonds shall be issued in Zone 2 and Zone 3. A
detailed map is attached.
Services the CVTJ\;ill will pro,ide include 1:.c1.e operation or the Chula Vista Visitors Information
Cemer, sales promotion and marketing programs designed to market Chula Vista as a tourist,
rneeti.'1g and event destination. In additior~ assessment dollars will pay for infras1:.c--ucture 'w'est or
Highway j and within the Eastern Urban Center.
f\nImal assessment rates ar~ 23Yo or gross short term (stays less than 31 days) room rental
revenue on lodging businesses. In Zone I, the monies collected from 1:.c1.e special assessment w'JI
go to the O'wuers' Association. In Zone 2 and Zone 3, 2.0% or the 23)10 collected will go
towards capital i.'11provements, and the remaining 03Yo will go to O",ners' Association. At the
Council's discretioil, this 2~~ L."1 assessments collected in Zones 2 fuJ.d 3 may be used to reDav a
. ,
capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued
in Zones 2 and 3, fu'1Y funds collected in these zones ",ill go to the CVCC and used in the same
way as mor.ies collected in Zone I. Lodging business stays of 31 or more consecutive days
shall not be assessed. Based on the benefit received, stays at R V parks and campgrounds witmIl
the Boundaries of the CVTIvill shall not be assessed.
Tne proposed District CVTiYill shall have a five-year life. Tne assessments used to pay bond
debt snall have a term of 30 years. The CVThill assessment will be implemented beginning
june I, 2009. Once per year there is a 30 day period in which owners paying more u1.aTI jO% or
the assessment mav orotest and terminate the oomon or the district that is nor used to reoav
. -.... 4 .I
bonds.
9-28
A complete j',[anaaement District Plan caIl be obtained by contacting the Chula Vista Chamber
- -
of Co=erce or me Chula Vista Convention & Visitors Bureau at me address or phone number
below. A complete Management Dis;rict Plan shall be furnished upon request. If you have any
questions piease contact us at:
Chula Vista Chamber or Co=erce
23:3 4th Avenue
Chula Vis1:a, CA 91910
(519) 120-6603
Lisa(w.chulavislaCD.2.ill bel". org:
9-29
Chula Vista Convention and Visitors Bureau
750 E Street
Chula Vista, CA 91910
(619) 420-6603
Lisa@chulavistachamber.org
Chula Vista Tourism Marketin~ Disrrict Boundaries
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9-30