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HomeMy WebLinkAboutOrd 1982-1964 Revised 1/7/82 ORDINANCE NO. 1964 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NOS. 1372, 1390, 1584, 1658 AND 1715 AND 1885 ESTABLISHING AND LEVYING AN INCREASED ADDITt-ONAL BUSINESS LICENSE FEE UPON THE AREA INCLUDED IN THE PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT FOR THE PURPOSE OF THE GENERAL PROMOTION OF RETAIL TRADE AND OTHER COMMERCIAL AND PROFESSIONAL BUSINESSES AND MODIFYING THE BOUNDARIES OF SAID PARKING AND BUSINESS IMPROVEMENT AREA WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area Law of 1965, Section 36000 et seq., of the State of California Streets and Highways Code, herein called "said Law", the City Council of the City of Chula Vista on December 8, 1981 adopted Resolution No. 10707, declaring its intention to establish and levy an increased additional busi- ness license fee upon the area included in the Parking and Business Improvement Area and to modify the boundaries of said area for the purpose of the general promotion of retail trade, and fixing the time and place for a hearing to be held to consider the adjustment of said additional business license levy and m~difi- cation of the boundaries of said Parking and Business Improvement area, and directing the giving of notice of said hearing, and WHEREAS, said Resolution No. 10707 was duly published, and copies thereof were duly mailed and posted, all as provided by said Law, and WHEREAS, as specified in said Resolution No. 10707, a hearing concerning the additional business license fee and the modification of the boundaries of the Parking and Business Improvement area was held before the City Council of the City of Chula Vista on the 22nd day of Decenber, 1981, at the hour of 7:00 p.m. in the Council Chambers of City Hall, 276 Fourth Avenue, Chula Vista, California, and WHEREAS, at said hearing all protests, both written and oral, made or filed, were considered and duly overruled and denied and this City Council determined that there was no majority protest within the meaning of Section 36023 of said Law which majority would be determined based upon the percentage of the general business license tax paid by those so registering their protests. NOW, THEREFORE, BE IT ORDAINED by the City Council of the city of Chula Vista, as follows: Section 1. Improvement Area Modified. That pursuant to the authority granted by the State of California in said Law, the Parking and Business Improvement area, known as the downtown business area of the City of Chula Vista is hereby modified to be generally described as encompassing all of those properties bounded by the north side of "D" Street, north side of "H" Street, east side of Del Mar and the west side of Fourth Avenue as shown more specifically on a map thereof designated as Exhibit "A", attached and incorporated on said Resolution No. 10707 on file in the office of the City Clerk of the City of Chula Vista. -1- Section 2. Business License Tax Defined. That the term "general business license tax" as used in this ordinance and which is sometimes called "basic business license tax" or "business license fee" is hereby defined as the tax levied upon a particular business, trade or profession within the City of Chula Vista as set forth for such particular business, trade or profession in Title 5 of the Chula Vista Municipal Code as said Title 5 presented reads or as it may be hereafter amended. Section 3. Additional Business License Levy. That in addition to the general business license tax, an additional business levy or fee is hereby imposed upon businesses located within said Area. The additional license levy shall be as follows: Class A: Professions: accountant, architect, appraiser, assayer, attorney, auditor, bacteriologist, chemist, chiropodist, chiropractor, dentist, mediacl doctor, engineer, electrologist, entomologist, geologist, oculist, optician, optomertrist, osteopath, pharmacist, physician, physiotherapist, psychiatrist, psychologist, podiatrist, real estate broker, real estate salesman, roentgenologist, stock and bond broker, surgeon, surveyor, taxidermist and veterinarian. Each professional working as a sole practitioner shall pay an amount of two times their business license fee, provided that all of the professionals working in a partnership or corporation at the same address shall pay an additional license levy of not more than $100.00. Class B: All other businesses located within the Down- town Parking and Improvement Area, known as the Downtown Business Area, and shown more specifically on a map designated as Exhibit "A" and attached hereto by reference as if set forth in full, shall pay an assessment equal to two times their business license. Said additional license fee shall be levied, collected and enforced in the same manner, at the same time and with the same penalties and interest as in the case of the general business license tax; provided, further, that no such additional license levy shall be more than one hundred dollars ($100.00). Section 4. Collection of Additional Fees. The collection of the additional levy to the license tax proposed by virtue of this proceeding shall be made at the times set forth hereinabove and in the same manner as the ordinary business license tax of the City under the provisions of the Chula Vista Municipal Code, and such fee proposed to be imposed under this proceeding shall be computed in the manner provided in the Chula Vista Municipal Code for each business. Provided, however, said additional fee as established for the year 1982 shall be collected upon the effective date of this ordinance and shall apply to the entire calendar year of 1982. Section 5. Exemptions. Any business, person or institution which is exempt from the payment of the ordinary business license tax of the City by reason of the provisions of the United States or State Consti- tutions, regardless of the location of said business, may make a voluntary contribution to the improvement district. Such contri- bution shall be used for the purposes provided in this ordinance; provided, further, that the area within the district located south of "H" Street shall be subject to a zero assessment and shall be exempt from any additional levy. Section 6. Multiple License at Same Business Location - Single Assessment Only. If more than one business is being conducted at a single address and more than one business license has been isssued to the proprietor of a single business premise, the assessment for the business improvement district shall be levied as an additional charge against that license for which the highest fee is paid. Section 7. Proposed Uses. That the uses to which the proceeds of the additional business license tax shall be put are: A. Decorations of public places in the Area. B. Promotion of public events which are to take place within the Area. C. Furnishing of music in public places in the Area. D. The general promotion of retail trade and commercial and professional business activities in the Area. Section 8. Submission of Budget. The Town Centre Business and Professional Association shall submit annually, prior to the first day of March, a budget for the balance of the calendar year for the expenditure of funds realized through said additional business license fee, which budget shall be subject to the approval of the City Council and the City Council shall authorize thie disbursement of funds in accordance with the requirements of said budget to the Town Centre Business and Professional Association for the purposes set forth herein and any such amounts as may be required for said purposes on a quarterly basis. Section 9. Annual Review of Progress of Downtown Improvement Area - Management and Achievements. The City Council shall review annually, at least one month prior to the termination of a calendar year, the management activities and achievements of the downtown improvement area and may hold a public hearing to take testimony on such matters so as to ascertain the desirability and necessity of continuing the downtown improvement area. Section 10. Council Findings. That this City Council finds and determines that the public desirability and necessity and welfare require the esta- blishing and levying of an increased additional business license fee upon the Area. Section 11. Overruling Protests. That all protests, both written and oral, are overruled and denied and the City Council finds that there is no majority protest within the meaning of Section 36023 of the Streets and Highways Code. Section 12. This ordinance shall take effect and be in full force on the thirty-first day from and after its second reading and adoption. Presented and Approved as to form by G, orge Lindberg, ity Attorney O,l _~_ FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE .'Y OF CHULA VISTA~ CALIFORNIA, HELD January 5 , 19 82 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 12 19 82 · BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: Cox, McCandliss, Scott NAYES: Councilmen: Gillow, Campbell ABSTAIN: Councilmen: None ABSENT: Councilmen: None Moyor~~{~dy of Chula Vista City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE NO. 19.64 ,ond that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 ORDINANCE NO. 1964 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NOS. 1372, 1390, 1584, 1658 AND 1715 AND 1885 ESTABLISHING AND LEVYING AN INCREASED ADDITIONAL BUSINESS LICENSE FEE UPON THE AREA INCLUDED IN THE PARKING AND BUSINESS IMPROVEmeNT AREA DISTRICT FOR THE PURPOSE OF THE GENERAL PROMOTION OF RETAIL TRADE AND OTHER COMMERCIAL AND PROFESSIONAL BUSINESSES AND MODIFYING THE BOUNDARIES OF SAID PARKING AND BUSINESS IMPROVEMENT AREA By a majority vote of the City Council (Councilmen Gillow and Campbell voting "no"), the ordinance was placed on second reading and adoption on January 12, 1982. The ordinance modifies the existing additional levy for professional businessmen within the parking and business improvement district imposing a levy amounting to $100 for any professional and a maximum of $100 for any professional group. This means that the sole practitioner would pay the same amount as professional groups ranging from 2 to 10 persons. In addition, the ordinance establishes a zero assessment in the area of the district south of "H" Street. The levy for the additional business license fee in the district is made for the general promotion of retail trade. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. Dated: 1/14/82 Clt~ Cle