HomeMy WebLinkAboutReso 2009-177RESOLUTION NO. 2009-177
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING
THE CHULA VISTA TOURISM MARKETING DISTRICT
(CVTMD) AND DIRECTING THE CITY CLERK TO TAKE
ALL NECESSARY ACTIONS TO LEVY THE ASSESSMENTS
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and
Highways Code §36600 et. seq.) authorizes cities to establish property and business
improvement districts upon petition by a weighted majority of the lodging business owners
located within the boundaries of the district; and
WHEREAS, a majority of the lodging business owners subject to assessment, as
weighted according to the amount of the assessment to be paid by the petitioner, within the
boundaries of the Chula Vista Tourism and Marketing District (CVTMD) have petitioned the
City Council to establish the CVTMD; and
WHEREAS, the lodging business owners who signed the petitions will pay more than
fifty percent (50%) of the proposed assessment; and
WHEREAS, included with the petitions was a management district plan summary that
describes the proposed assessment to be levied on lodging businesses within the CVTMD to pay
for operation of the Chula Vista Visitor's Information Center, sales promotion and mazketing
activities, and those other improvements set forth in Streets and Highways Code §36610; and
WHEREAS, the lodging businesses within the CVTMD will be benefited by the
activities and improvements set forth in the management district plan; and
WHEREAS, at 6:00 p.m. on May 12, 2009, at 276 Fourth Avenue, Chula Vista,
California 91910, the City Council adopted a Resolution of Intention, Resolution No. 2009-115;
and
WHEREAS, the public meeting and public hearing to consider the formation of the
CVTMD have been properly noticed in accordance with Streets and Highways Code §36623;
and
WHEREAS, at 4:00 p.m. on May 26, 2009, at 276 Fourth Avenue, Chula Vista,
Califomia 91910, the City Council held a public meeting regarding the establishment of the
CVTMD, and the City Council heazd and received objections and protests to the establishment of
the CVTMD and the levy of the proposed assessment; and
WHEREAS, at 4:00 p.m. on July 14, 2009, at 276 Fourth Avenue, Chula Vista,
California 91910, the City Council held a public hearing regarding the establishment of the
CVTMD, and the City Council heard and received all objections and protests to the
establishment of the CVTMD and the levy of the proposed assessment; and
Resolution No. 2009-177
Page 2
WHEREAS, the City Clerk has determined that there was no majority protest; and
WHEREAS, a majority protest is defined as written protests received from owners of
businesses in the proposed azea which would pay fifty percent (50%) or more of the assessments
proposed to be levied; and
WHEREAS, protests aze weighted based on the assessment proposed to be levied on each
lodging business.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Establish the Chula Vista Tourism Marketing District for a five (5) year term
wherein:
a. The assessments levied for the CVTMD shall be applied towazds sales promotion
and mazketing programs to market Chula Vista as a tourist, meeting and event destination, and
other improvements as set forth in Streets and Highways Code §36610.
b. The revenue from the levy of the assessments on lodging businesses within the
CVTMD may not be used to provide for activities or improvements outside the CVTMD or for
any purpose other than those specified herein and in the Resolution of Intention.
c. Assessments levied on lodging businesses pursuant to this Resolution shall be
levied on the basis of benefit. Because the services provided are intended to increase room
rentals, an assessment based on room rentals is the best measure of benefit.
d. The assessments for the entire District will total approximately $650,000 in year
one.
e. The activities and improvements set forth will be funded by the levy of an
assessment of lodging businesses within the CVTMD as described in the Management District
Plan that is on file with the City Clerk.
f Bonds may be issued to fund the CVTMD.
g. The boundaries of the CVTMD shall be the boundaries of the City of Chula Vista.
Please see the attached map, incorporated herein as Exhibit A.
h. The assessments shall be used for the purposes set forth above and any funds
remaining at the end of any yeaz may be used in subsequent years in which the CVTMD
assessment is levied as long as they are used consistent with the requirements set forth herein.
Resolution No. 2009-177
Page 3
i. The assessments to fund the activities and improvements for the CVTMD will be
collected at the same time and in the same manner as are transient occupancy taxes, and in
accordance with Streets and Highways Code §36631.
j. The Chula Vista Chamber of Commerce shall be the Owners Association
pursuant to Streets and Highways Code §36614.5.
k. The CVTMD, pursuant to Streets and Highways Code §36650, shall cause to be
prepazed a report for each fiscal year, except the first yeaz, for which assessments aze to be levied
and collected to pay the costs of the improvement and activities described in the report. The first
report shall be due after the first year of operation of the district.
1. Subjects the CVTMD established pursuant to this resolution to any amendments
to the Property and Business PBID Law of 1994 (California Streets and Highways Code §36600
et. seq.).
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby:
1. Direct the City Clerk, or his or her designee, to take all necessary actions to
complete the establishment of the CVTMD and to levy the assessments.
2. Direct the City Clerk to record in the San Diego County Recorder's Office a
notice and assessment diagram, as required by Streets and Highways Code §36627. The text of
the recorded notice shall state that the assessment is levied only against lodging businesses
within the area of the CVTMD.
Presented by Approved as to form by
t ~ ~/ ~'~ /
azy al rt, IC Bart C. Miesf ~~~= i,w-,
Deputy C ty 1\ anager/Development City Attorney
Services D~ e for
Resolution No. 2009-177
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of July 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: McCann
Cheryl Cox, yor
ATTEST:
~~~ /4J~~
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-177 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 14th day of July 2009.
Executed this 14th day of July 2009.
Donna R. Norris, 'MC, City Clerk
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