SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\12553281106\12553281106,,,Ordinance.docx ORDINANCE NO.
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 V ista 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 transporta tion 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 I ntention 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 hearing 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WHEREAS, Chapter 5.05 of the Chula Vista Municipal Code is obsolete.
Ordinance
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 s hare 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 Co uncil 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 Ordinance
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.
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.
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
City Manager City Attorney